Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1858-06-23

ateGLaNG Il. .-IGAAE7HN ,. avn = 49, ANtANN - Wv
principal office, agency or place Of business within this
state. OF such corporation. company Or association
And If the taxes ami penalty Aforesaid, OF any part
theIe u:. shall remain uupIid Tor The s. ace Of five days
from AMI after the delivery OF such notice, the commits
sioners shall distrain aud seize whatever gold, silver
or copper coin, bullion, bank bills, promisSOry notes,
ties, the property of such corporation company or asso-
citation, IS may be sufficient to pay the taxes and pen
ally so as afoi esaid demanded, together with five per
J eenium poundsge. (which said poundage shall be for
use OF the commissioner and all the costs and expen-
SEES of such distress and seizure, and OF any sale which
thereafter becomes requisite.
SEC. {. That the said commissioners shall. forthwith
remove the coin. bullion, bank bills, promisSory notes.
biils OF exchange or other securities, OF goods or chat
ties, so distrainej and seized, to some place OF safe
keeping aud deposit, and after making an Inventory
thereof. "a copy Of which be shall file in the office of
the auditor Of stats,D shall advertise thnt he will sell At
public vendue, the bnllicn, bank bills, Fromissory
no.eS, bills of exchange or other securities, or goods or
chaitles, 50 diStraiued and seized, at the door Of the
court house OF the county wherein the principal Office,
agency or place of business OF such corporation, com.
pany or association is situate, on the tenth day after
such advertisement. which advertisement shall be by
one publication in some newspaper printed in the said
county, or by n placard upon the door Of the court
house aforesaid. But IL the amount Of the taxes aud
penalty SO as Aforesaid demanded, together with five
per centum pOundase, ana all the costs and expenses
Incurred, be rendered in gold or silver coin to the
said commissioner, at any time befere the day Of sale,
he shall. Immediately on demand, surrender the coin,
bullion, bank bills. promissOTy notes, bills OF exchange
OF other securities. or goods or chattles, so as aforesaid
diStrained and seized to the person or persons author-
lied to receive the same, and tske the receipt Of such
person Or persons IN duplicate therefor. one copy Of
winch receipt he shall for;hEiih file in the Office of the
auditor q state. But il no such tender be msde before
the day OF sale, the commissioners shall proceed to
sell, publicly. to the highest bidder or bidders. the
bullion, bank bills, promissory notes, bills Of exuhange
or other securities, or goods or chattleS, or So much
thereof as With the coin distrained ard seized, will pay
the taxes, penaly, p~oundase, costs and expenses, AZ the
door ofthe court house Of the county aforesaid, demand
Ing and receiving for payment at srch sale, e-ly the
geld, silver and copper coins Of the United states and
such gold and silver coins Of foreign states or countries
as b. some act OF the Congress of the United States OF
Proclamation of the President, are then lawful and
current. And the commissioner shall pay to the person
or persons thereto entitled, on demand, the excess lif
nnyl Of the purchase money, at such sale. over aad
sbove the residue Of the taxes. penalty, p~oundage. costs
aud expenses Aforesaid; bat shall forthwith thereafter
pay to the treasurer OF state upon the order OF certif-
cate Of the auditor Of st2te) the amount of taxes coll
leeted by him. the said commissioner, whether by dis
tress and sale or by distress alone. And the auditor Of
state shall cause TO be distributed and paid TO the treas
nrers OF the respective counties the proportions of the
said taxes charged upon their duplicates, for county,
school, township, municipal and other local purposes,
and the penalty thereon to which the said treasurers
may be entitled.
SEC. 9. That each commissioner appointed as afore
said shall, before executing any authority under this
take and subscribe an oath or affirmation to sup
port the constitution Of the United States and the CON
stitution Of the State of Ohio, and we'll, faithfully and
to discharge the duties Of his said appoint
ment; and shall give bond to the State of Ohio, with
two or more sureties, to be approved by the auditor of
state, in a sum not less than one hundred thousand
dollars. conditioned for the faithful and diligent per
formance OF his duties, and that be will truly account
for all moneys which may come into his hands, and for
the prompt payment to the treasurer of tate or other
parties entitled all s.ch moneys as aforesaid.
SEc. TO- That il any commissioner, appointed and
as aforesaid. should not find sufficient gold,
silver o. copper coin, Iullion, bank bills, promissory
notes, bills Of exchange or other securities, or goods
Or chaiIles. TO pay the amount of the lakes and penalty
together with five per cenium poundase,
and all the costs and expenses OF distress and seirure,
n the principal Office, agency VI place OF business Of
incorporation, company or association, described in
he fourth section Of this act, he is hereby authorized
md required also to distTain. seize and remove what
'oever coin. bullion, bank bills, promissory notes, I
'ills Of exchange or other securities. or goods or chat
les of such Corporation, company or association, he |
or can find anyNhere within this state, in whose
'cssessiOn or control soever, OF in what place soever
he same may be. And in case any coin, bullion, bank /
ills. promissory notes, bills OF exchange or other Sc
:urities. or goods or chattles. be removed from enc
'lsce to another. within this state, for the purpose of
'vading such distress and seizure. Tor so thar the same
annot conveniently be madeO the commissioner may 1
nd shall pursue the said coin, bullion, bank hills. 4
'ruIaissoIy notes, bills Of eNchang &c or other securities.
T goods or chattels, into any county or counties OF this
tate, and dis,rain and seize the same wherever found.
md she commissioner shall remove into the county in 1
hitch the principal office, agency or place Of business
{ any such corporation. company or association is sit
ate, ailthe corn, bullion. bank bills, promissOrY notes,
ills Of exchange or other securities, or goods or chat.
Is, distTaiped and seized elsewhere, and thereafter
roceel in all respects as IL the same had been dis
Iained and ssizel Within the county il which such
flee. agency or place of business IS ~sitnste.
SEc.ll- That every gift, sale, transfer, assurance,
ledge or delivery Of coin, bullion, bank bills, prom
sSory notes. bills Of exchange or other securities. or
oods or ch1ttles. and every endorsement. cancellation
r payment CT bank bills. prOmisSory notes, bills of
xchange or other securities. and every bond, security,
or execution, made, procured, obtained or
with intent to evade, hinder or postpone the
peration or effect Of this act, shall be utterly void and
{ no effect. /
Sac. u. That If any person shall conceal or make
ay with, or by any contriTance remove out Of this
ate, any coin, bullion. bank bills. promissory notes
Ills Of exchange or other securities, or goods or chat.
: Tor .he rFVTnnge of qEzdfnr hin1arfpa ~ ~Aes ]
onins the operation and effect of this act act. lie or
he shall be deemed guilty Of u misIeineanor, and upon
onvIotion thereof. in the cour; of proper coenizance
20 jurisdiction. shall be fined in any SUM not exceed
& one thousand dollars, or imprisoned in the jaiI of
lie county not exceeding sixty days, or both, at the
secretion oil the court, and pzy the costs Of prose
srr. u. In case any bank or other person whose
roperiy is taxed under the authority Of this act, shall
eglect or refuse to pay the taxes so assessed, then so
ng as such taxes are unpaid, a plea of such non
syment OF taxes shall be q good plea in abatement
It'll the same shall be paid in full, in any suit which
ny be Instituted In any court Of this state, by such
INK or other person herein named, OF for its or his
e and benefit, to enforce the collection Of any note.
II or other contract FOR the payment Of money. And 4:
case any person or persons should resist, oppose, I
prevent the treasurer or commissioner, or any dep
y or other person acting by the command OF either,
the execution of the duties enjoined 10y this act.
en- person or persons shall be liable to the same
Osecuion and punishment. In all respects, as If he
they had resisted. opposed or prevented q sheriff OF
nstShle in the execution Of 3 state writ.
SEC. Il. That II any cnunty treasurer or commits
shall refuse or neglect 20 perform any Of the
~eaioined upon him by this act al the times herein
ecihed, It shai! ne taken and deemed as a breach Of
E condition Of his official bond, and shall subject him
d his sureties to an action in that behalf, TO recover
E amount Of the taxes assessed and unpaid, as afore- D
ia, with interest and ten per centu.n pepaltv. ann
SITS OF sait, which actiun shall be instituted and con. II
e;ed by the attorney general, as specified in the sew.
tn section Of the act 70 presci ibe his duties. passcd :
first day Of May, in the year eighteen hundred and ,
two. O
Is. Tha. wherever an Injunction has been, or 81
y hereafter be granted by the court of common pleas, -
court Of probate of any district or county. or nv
} judge Of either Of the said courts, against any per o
4 holding the ofioe OF county treasurer, or county =
iitor, or commissioner herein specified, or any other X
or state officer, TO restrain such person from b,
pforning any duty Of his said office. directed or au "
'rized by any statute or statutes of this state. for the
lection OF the pablic revenue, the attorney general
y, upon receiving 8 copy Of said proceedings, file M
the office of the clerk Of the proper court, a motion ',
the injunction with costs; and at any time !,
,TeAfter, on five days notice to the complainant or !,
nplainants. or his, her or their counsel. the attorney ~
nsral or the prosecuting attorney Of the county may a
nand that the said motion shall be heard by the u
court. if in session, or by sny judge OF such !"
art II in vacation, and such court or judge. as afOre
d, shall thereupon hear and speedily determine the
ne. And in case the said court or judge should re A,
e TO dissolve the said injunction, with costs, the D.
oTnty general may file a notice of appeal from such :,
;ision in the clerks office of the Sid court; ami
reupon the clerk shall iorthSith make out and de
er 10 the attorney general. or prosecuting attorney ~
ertihed transcript OF all the proceedings aforesaid, 4
/ copies Of all the pieadings, exhibits and proofs, Y
expense whereof shall be taxed and allowed Ia the :
rk in the cost bill Of the said cause. And the sttor- ~
general or prosecuting attorney, after ten days. !"
ice to The complainant or compliments. or his, her "a
heir counsel, ma present the said transcript Q and u
les - the district court Of the said county, or 10 the :
court, or any judge thereof, and cause the said l
70 be again heard. And the said district court A
supreme court, as tho case may be, or judge OF the HI
RENE court, shall entertain the said motion, and c.
lily decide the same. And the said district or supreme fo
IT. under its seal. or judge Of the supreme court, =
Ter his hand, shall certify the decision Of the said /
an Ia sha rnnrf uhaura The uarr. "a. 80 I A
!, in case OF diSsolying the injunction. shall send ~
rewith 4 mandate, under the seal Of the court, or n,
ID Of the judge granting the same, directing the court n,
ow TO proceed in accordance with the decision so
tihed- And thereupon, in case of such mandate, ,
injunction shall be dissolved, and the complainant
com3lainants shall be charged in the cost bill
3 al the expenses and costs thereof And il shall 80
be laNfnl for such complainant or compliments, BIZ
n the sau.e bill, or any other bill founded upon the
lie matters. TO Ia re any other injunction =,
&c. 10. That the srt entitled IAN act further to |
md an act for the assessment and taxation Of all /
perty in this state. and for ievying taxes thereon an
ording TO its true value in money, and the several tiff
supplementary and amendatary thereof" passed
ii LIST, 1856. and also the act entitled IAN act amend -
~ Of the act entitled an act to provide for taxing Y
ksand banking companies. passed March -, 1850, \
lad The same are hereby repealed. W
WILLIAM B. WOODS, o."
Speaker Of The House Of Representatives.. :
MARTIN WELKER.
D-r.l1,f - 81. N ~