The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1858-06-16

chattels, the property OF such corporation, cem-
pany or association. as may be sufficient to pay
the taxes and penalty so as aforesaid demanded,
together with five per centum poundage (Which
said podndage shall be for the use OF the com
missoner) and all costs and expenses Of such
distress and seizure, and OF any sale which
thereafter becomes requisite.
Sec. s. That the said commissioners shall
forthwith remove the coin, bullion, bank bills,
promssory notes, bills Of exchange or other Sc
curities. or goods or chattels, so dlstrained and
seized, to some place of safe keeping and depos-
it, and after making an inventory thereof, 20
copy of which he shall file in the office OF the
auditor of state) shall advertise that he Will sell
at public yendue, the bullion, bank bills prom
ssory notes, bills Of exchange or other seeurl-
ties, or goods or chattels, so destraned aTd sell
Zed, at the door Of the court house ol The coun
ty wherein the principal office, agency, or place
OF business ofsuch corporation, company or as
sociation is situate, on the tenth day alter such
advertisement, which advertisement shall be by
one publication in some newspaper printed IN
the said county, or by a placard upon the door
of the court house Aforesaid. But II the amount
Of the taxes and penalty so as aforesaid demand
cd, together with five per eentum poundaga, and
all the costs and expenses incurred, be tender
eQ In EOIu OF SllNeI W
ers, at any time before the day Of sale, he shall
Immediately on demand, surrender the coin,
bullion, hank bills, promssory notes, bills OF ex-
change or other securities, or goods or chattels,
so as aforesaid distraned and seized, to the per-
son or persons authorized to receive the same,
and take the receipt of such person or persons
in duplicate there for, one copy of which receipt
he shall forthwith file in the office of the audi
tor OF state. Buff no such tender be made be-
fore the day Of sale, the commissioners Shall
proceed to sell, pubicly, to the the highest bid
der or bidders, the bullion, bank bills, pronlis-
sorry notes, bills Of exchange, or other securi-
ties or goods or chattels, or so much thereof as
with the coin destrained and Sc zed, will pay the
taxes, penalty, poundage, costs and expenses, at
the door OF the court house of the county afore-
said, demanding and receiving for payment at
such sale, only the gold, silver and copper coins
Of the United States and Such gold and silver
CONS of foreign states or countries as by some
act of the Congress of, the United States or
proclamation orthe president, are then current
And the commissioner shall pay to the person
or persons thereto entitled, on demand, the ex
cess (if any) Of the purchase money, at such
sale, over and above the residue Of the taxes,
penalty, ,poundage, costs and expenses Aforesaid
but Shall forthwith thereafter pay to the trea-
surer Of state (on the order or certificate Of the
auditor Of state) the amount Of taxes collected
! bylhim, the said commissioner, whether by dis
tress and sale or by distress alone. And the au
ditor of state shall cause to be distributed and
paid to the treasurers of'the respective counties
the proportion OF the said taxes charged upon
their duplicates, Tor county, school, township,
municipal and other local purposes,an the pen
atty thereon to which the said treasurers may
be entitled
| Sec s., That each hcommissioner appointed as
! aforesaid shall, before executing any authorit ty
under this act, take and subscribe an oath or afr-
nation to support the constitution oi the United
States andthe constitution Of the State OF Ohio
and well, faithfully and diligently to discharge the
dutiesof his said appointment;and Shall give bond
to the state of Ohio, with two or more sureties, ,c
be approved by the auditor of State, in sum
not less than one hundred thousand dollars con-
ditioned for the faithful and diligent performance
OF his duties, and that he will truly account fol-
| all moneys which may come into his hands and
for the prompt payment to the treasurer OF state
or other parties entitled to all such moneys
as aforesaid. ........ .,.,...cc .t t..it-
Sec. TO- That any commissioner appoint.
ed and qualified as aforesaid, should not find
sufficient gold, silver, or copper coin, bullion
bank bills, promissory notes, bills ofexchange
or other securities or goods or chattels, to pay
the amount of the taxes and penalty demanded
together with five per centum poundage. and all
! the costs and expenses of ftistreSs and seizure
in the principal office, agency or place Q! bsines
OF any corporation, company or ASSOCIATION, de
scribed in the fourth section OF this act, he II
4 hereby authorized and required also to distrain
hot min l,tllinn haD nj
bills, promssory notes, bills of exchange or 9th
er securities, or goods or chattels, oil such cor
poration, Company or association, he may or car
find anywhere within this state, in whose pos
: session orlcontrol soeyer, or in what place so
+ ever the same may be And in case any coin
: bullion, bank bills, promiSsory notes, bills O
J exchange or other securities, or goods orchat
tells, be removed from one place to another with
in this state, for the purpose of evading sucl
J distress and seizure, or so that the same canno
:. conveniently be made, the commissioner ma,
and shall pursue the said coin, bullion, banl
bills promissary notes, bills Of exchange or 9th
er securities, or goods or chattels, into ar,
county or counties Of this state, and destrail
r and seize the same wherever found And tn
= commissioner shall remove into the count.
} in which the principal Office agenc.
! or place OF business Of any such corporation
company or association is situate, all coin, bull
!, lion, bank bills, promissory notes, bills Of ex
change or other securities, or goods or ehattels
distrained and seized elsewhere, and thereafte
proceed in all respects as if the same had bee
$ distrained and seized within the countyin whic
= such office, agency or place Of business is stu
2 ate. .fgHR
Sec. H. That every gift, sale, transfer, as
surance, pledge or delivery OF coin, bullion, ban
bills, promissory notes bills OF exchange or othe
: securities, or goods or chattels and every en-
|, dorsement, cancellation or payment OF ban
bills, promssory notes, bills Of exchange or 9th
er securities, and every bond, security, jude
! ment or execution made procured, obtained, Q
suffered, with intent to evade, hinder or post
: pone the operation or effect of this act, sha
he utterly void and Of no effect assas d ia5d
/ Sec. IL. That If any person shall conceal 9
, make way with, or by any contriyance remov
r out OF this state, any coin, bullion, bank bill
! : promissory notes, bills Of exchange or other 81
! curities Or goods or chattels, for the purpose
I I eyading, hindering, or postponing the operatio
: and effect OF this act, he or she shall be deeme
? guilty Of a Inisdemeahor, and upon convctio
!. thereof ii the court Of proper cognizance an
/ Jurisdiction, shall be fined in any sum not eS
l ceeding one Thousand dollars, or imprisoned
! the iail of the county not exceeding sixty day
! or both, at the discretion Of the court and pa
!. the costs Of prosecution.
+ Sec. I3. Tn case any bank or other perso
1 whose property is taxed under the authority
b this act. shall neglect or refuse to pay the taxt
h Iso assessed then so long as such taxes. are III
d paid. plea OF such non payment oftaxes sha
b be good plea abatement until the same sha
Il be paid ii full In any suitwhich may be inst
Y tuted in any court ofthis state, by such bank 4
Il other uerson herein named, or FIR its orhs "
" and benefit. to enforce the collect on ofapy not
4 bill or other contract for the payment Of none