Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1856-05-13
AN ACT

No. 1901 AN ACT
In addition to the several acts in relation 10
the courts ofjusIice and .hei, powers and
| duties.
SECTION I. Be il enacled by The General
Assembly Of HE State of Ohio, .Tha, the
cours oil common pleas shall have jurisdic.
ton 10 enjoin the illegal assessmen, of taxes,
and the collection of taxes illegally asses
sod, and Of actions to recover back The
amount Of such taxes as may have been or
shall hereafter be collected. without regard
10 The amount thereof.
Section 2. Actions TO enioin the illegal
assessment of taxes shall be- brought against
the county auditor, and also against any
municipal corporation for whose use or ben
eft the assessment may be made; where
such assessment may not 60 on TO The county
duplicate, the account shall be dgains; the
corporation making the same; actions 10 en-
join the collection Of taxes shall be brought
against The officer having the collection
thereof; and actions 10 recover back such
taxes afIer the collection OF the same against
the officer making the collections; or, in case
Of his death, against his personal represen-
laiives; and where the taxes are not colec,
ted on the county duplicate, the corporation
making the assessment shall also be :na6e
defendant; bul no recovery shall be had un.
less the action be brought within one year
after the taxes shall have been collected \
Section 3. When an action shall be
brought 10 enjoin the collection taxes, bond
shall be given as in other cases; if the plain
tiff shall admit part Of the taxes 10 have
been legally assessed, he shall frs. pay or
tender The sum admitted 10 be legally due;
and The injunction shall be suflicen, ius,i-
fculon of the officer having the collection
of such taxes for not collecting the same.
Section 4. A petition in error, in the
nature of bill Of review, may on leave of
the supreme court or any judge thereof, be
filed in the supreme court 10 reverse or
modify any decree in chancery that hereto.
fore has been or that hereafter shall be rem
dered in any district coui in this Stale, in
which the me 10 real estate is in controver.
sy, or the amount in controversy is not less
than five hundred dollars, and The proceed.
ipgs upon said petition in error shall in all
respects be governed by the act of the gen.
eral assembly Of the State of Ohio, passed
February "a, l848, entitled an "acl 10 dis.
pensa with the necessity of copying the pn-
pers in bills of review and for other purpo.
ses," and the act Of March 10, 1851, end-
lied "an &C, TO amend the act directing the
mode ofproceedng IN chancery;" provided,
however, that the provisions of this section
shall no, extend TO suits that shall have been
commenced since the frs, day of July, A. D.
1858; and provided also, tha, said petition
in error shall be filed within three years
from the time Of The rendition of said de.
cree SO soughtto be reversed or modified.
Section s. Whenever, in the opinion of
any Judge Of the court of common pleas the
public intetes,s shall require il, the snid
court shall appoint an assistant prosecuting
attorney 10 aid in The prosecution Of such
offence as TO the court shall seem proper.
and tho county commissioners shall pay for
the services Of such assistant prosecuting
attorney so rendered, such compensation as
10 Them shall seem just and proper, and shall
be approved by the court.
rA IN. II. VAN VOHRES, 80 aa
Speaker Of the House Of Representatives.
us THOS. H. FORD,
n.. President Of the Senate.
April 10, 1856.
NO. 1881 AN ACT, oGfr 's
To amend an act passed February 20, 1856.
q en,llsd ian act TO establish code Of civ :
il ,ync.,dn,o ~ nosead M,ych I l053 "A