Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1858-06-11

are tnen lawful anu current. And the
treasurer shall pay to the person or per-
sons thereto entitled, on demand, The
excess if any ofthe purchase money,
at such sale, over and above the residue
Of the taxes, penalty, poundage, costs
and expenses aforesaid; but shall retain
Tor distribution according to law. tho
amount of the taxes collected by him.
whether by distress and sale, or by dis
tress alone.
/ Sec. 6: THAT If the treasurer should
not find sufficient gold. silver or copper
coin, bullion, bank bills, promissory
notes, bills of exchange or other secu-
rites. or goods or chattles, to pay tho
a1Hohnt of taxes and penalty demand
ed, together with Eve per centum poun-
dage, AMI all the cost aGt' expenses Of
distress and seizife, in the banking
house, Office, agency, or place of bust
ness, of any such bank or banking or
other incorporated company or asso-
citation, or of any such banker broker.
or stocF jbbber. or partnership or COM
pany ofhanl1ers, brokers, or stock job
bcrs, or in the office, agency or place
of business Of any su;h agent Of an
insurance or other company incorpora-
ted by the laws of some other state or
government, he is hereby authorized
AMI required also to diStrain, seize and
remove whatsoever coin, bullion, benz
bills, prom;ssory notes, bills of ex-
change, or other securities, or goods,
OF chattles, of such bank or banking
or other incorporated company or as
sociation, or Of such banker, broker
tock,jobber. or partnership or compa-
ny of bankers, brokers, or stock-job-
bers, or of any partner or member
thereof. or of such agent of an insur-
ance or other company incorporated by
the laws of some other state or govern
ment, or of the company itself, he may
or can find anywhere within his coun-
ty,' in whose possession or control So
ever, or in what place soever, the saIsie
may be. And in case any coin, bull
ion, bank bills, promissor3 notes.
bills of exchange, or other securities,
or goods or chattles, be taken out of:
his cet!ity, into any otfsp county of
this state, for the purpose of evading
snch distress and seizure, (or SO that
the same cannot be made in the county
where tiiE' taxes were assessed, the,
treasurer may and shall pursue the said
coin, bullion, bank bills, pronissory
notes, bills of exchange or other secu-
rites, or goods, or chattles. into any
county or counties of this state and
distrain and seize the same wherever
found, and remove the same to his own
couney for ulterior proceedings as here
in before directed
Sec. 7. That each county treasurer shall
report to the Auditor of State, on or before
The first day OF April next and thereafter on
OF Before the twenty sixth day Of Decem-
Der, aniiGaliy, the amount of taxes charged
or which may hereafter be charged upon the
duplicate of his county, against any corpo-'
ration, company or association, authorized to
loan or invest its capital stock, or any part
thereof upon or in bonds, notes, bills, or 9TH
er obligations bearing interest, and secured
by deed, moftgags, or ircumbrance of real
estate, lin two or more counties of this state
and which taxes, or any part thereof, then re-
main or may thereafter remain unpaid. And
the auditor of state she4tafter ascertaining the
aggregate amount of all such taxes due by
any corporation, company or association, as
aforesaid, sppoint (by warrant under his
handy some suitable person commissioner,
TO proceed forthwith to the principal Office,
agency or piace of business within this state
of such ccrporation, company or association
and demand payment of the whole amount
of such taxes. and five per centuEn penalty
thereon, (Which said penalty shalt be for
the use of the COUNTY treasiters, and in pro-
portion TO the amount OF the taxes charged
upon their respective duplicates,) by leaving
a written notice at the principal Office, agen-
cy or place of business within this state, of
such corporation, company or association
And if the taxes and penalty aforesaid, or
any part thereof, shall remain unpaid for the
space of five days from and after the delivery
of such notice the commissioners shall dis
train and seize whatever gold. silver or cop
per coin bullion, bank bills, promissorY
notes, bills of exchange or other securities,
or goods or chattels, the property of such
corporation company or asociaslons as may
be sufficient to pay the taxes and penalty so
as aforesaid demaided, together with five
per centdm poundage, (Which said Poundage
shall be for the use of the corlmissioner,)
and all the costs and expenses of such dis
iress and seizure, and of any sale which
thereafter becomes requisite.
Sec. s. That the said commissioners
/ shall forthwith remove the coin, bullion.
bank bills prohi:ssory notes, bills of exchange
or other securities, or goods or chattels, SO
strained and seized, to some place of safe
| keeping ard deposit, and after making an
ln7entory thereof, Ga copy of which he shall
file in the Office of the auditor OF state) shall
advertise that he will sell at public vendue.
the bullion, bank bills, prorhssory notes,
| bills of exchange or other sec@rities, or goods
! or chattes, so distrained and seized, at tie
door OF the court house of the county where
in the principal office, agency or place of bu-
Sitlpss of such corporation, company or asso-
I caticn is SITUATE onlhe tenth day after such
advertisement, which advertisement shall be
! by one publication in some newspaper prin-
| ted in the said county, or by placard upon
The door of the court house aforesaid. Bat
ii the amount of the taxes and penalty so al
aforesaid demanded, together with me pei
centum poundage, and all the costs and ex'
penses incurred, be rendered in gold or sill
yer coin to the suid commissioner, at any
time before the day of sale, he shall imme'
! diately ON demand, surrender the coin, bul.
| lion, bank bills, promissory notes, bills o.
exchange Of othdr securities,. or goods 0'
chattels, so as aforesaid distrained and ssizet
TO the person or persons authorized to receive
the same, and take the receipt of scek Per
son o. persons in duplicate thereiof, one copJ
of which receipt he shalf fofth%ith fis ID
the office Of the auditor OF STATE. Eut II nc
such tender be made before the day OF sale
the commissioners shan proceed to sell, pub
licIy, TO the highest bidder or bidders, the
buflioh, bank bills, ptoiiiissof5 tYotes; bills ol
exchange or cthes 6eeafities, or goods oil
chattel, or SO much thereof as vIth the coir
saE,. - Az "a so;aa ,.sitt ,SSa,, e the tax mem