The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1858-06-04

shall forthwith fie IN the oftice OF the huu-
itor Of State. But il no such tender be made
before the day OF sale, the Commissioned shall
proceed 10 sell, publicly, TO the highest bid
de, or bidders, the bullion, bank bills, pro
missory notes, bills of exchange, or other Sc
curities, or goods or chattels, or so much
thereof as with the coin distrained and
seized, will pay the taxes. penalty, pound
aye, costs and expe ses, at the door OF the
court house, Of tn. county aforesaid, de-
manding and receiving for payment at such
sale only the gold, silver aud copper coins
of the United States aud such gold aud sill
yer COINS OF foreign States or counties as by
some ac, Of the Congress of the United States
or proclamation Of the President. are then
lawful and current. And the commissioner
shall pay to the person or peisons thereto
entitled, on denind, the excess (ii any oi
the purchase money, at such sale, over ana
above the residue OF tue taxes, penalty,
pouiriage, costs aud expenses aforesaid; but
shall forthwith thereafter pay to the Treas
go, "f S'c,s t~r-~ t"- "SLo- -. oarti 6oute
Of the Auditor Uf State) the amount Of the
taxes collected by hun, the said comms-
siuner, whether by distress aud sale or by
distress alone. And the Auditor Of state
shall cause TO be distributed and paid to the
Treasurers Of the respective co mites the
proportion of the said taxes rharged upon
their duplicates, for county, school, town
shp, municipal aud other local purposes.
ans the penalty thereon TO which the sad
Treasurer may be entitled.
SEc. 9. That each Commissioner appol Mt
ed as aforesaid, snail, before executing any
authority under this act, take aud subscrib
an oath or affirmation to support the COnsti-
luton OF the United States and the Cons,i-
tuition Of the State Of OHIO, aud will faith.
fully aud diligently discharge the duties . T
his said appointment; and shall give bond to
the State Of OHIO, with two or more sureties
TO De approved by the Auditor OF state, in a
sum No less than one hundred thousand
dollars. conditioned for the faithful aud dill.
igent performance Of his duties, aud that he
wall truly account for all monrys which may
come into his hands, and for the prompt
paymen; 10 the Treasurer Of State or other
parties entitled to all Su IA moneys as afDre-
said.
SEC. 10. That II any Commissioner, sp-
pointed and qualified as aforesaid, should
not find sufficient gold, silver Or copper
coin, bullion, bank bills. promSSoty notes,
bulls OI exchange, or uthst securities, or
goods or chattelS, to pay the amount OF the
taxes and penalty demanded, tuge; her with
Eve pei centum poundage, aud all the costs
and expenses Of distress aud SEIZURE, in the
Of any corporation, company or association,
describe al IN the fourth section of tins
act, he is hereby authorized aud relureh
10 distraln. seize aud remove Whatsoever
coin, bullion, bank bills, pfOiniSsory notes,
bulls nf exchange, or other securities or goods
or chdttclS, of such cOrpnratIon, cpmpanV or
association, no may or can hnd anywhere
within thus state, IN whose possession or
control Soever, or IN what place Socvrr the
yanr may be. md in case any coin, bullion,
bank bills, prJm,sspry notes, bills Of cX.
change, or CthefsecurIties, or goods or chat.
tells, be removed from one place To anotiI.t,
within this State, fur the purpose Of eva.
/ ding such distress and sciz IRE, (oT 50 that
the same cannot conveniently be madel the
Comm loner may and shall pursue the SAID
coin, bullion, bank bhlS, ptom,ssnry nnt.s.
bills OF exchange. or pthcr SSeuriiicS, or
I goods or chaltetS lntu any county or cuun-
: ties Di tins state, and dIStrlln and seize the
same wherever found. AMI the Comm
slunrr shall remove Iuth the county IN which
tue principal otFi"e, agency ur place Of huSl.
ness OF any such corporation, com piny or
ASSOCIATION Is situate, al Culn, hulliun, bank
bills, prIni ,Sor, nDtcs, hi.lS ut exchange. "
. other securities, or goods NJ chittriS, dtS-
trained aud seized eiSrN urte, and thrrraf.
Ter proceed IN al tcSp 'ciS as II the SANE had
bruu drstril.Gh dni sciZcd WITHIN the cOun.
~ IN wh, such uliirr agency or place o {
| business IS situate.
| SEc. ilr rhat every ni,. sale, transfer.
assurance, pledge Or delivery 0i coin. Dul.
! lton, bank bulls, prOmiSSJTy notes, bills Of
exchange, or other Sccu'it'eS. or gorls or
chattels, and every enlorSement, cancella.
ton or payment OF bank bills, pIomss ssory
notes, bulls of exchange, or Otler securities.
aud every bond, security, Judgment or exc.
| cution, made procurc'i. oblained or suffer
\ ed, WI III intent 10 evadc. hinder or postpop-s
\ the nperitlOn or effect Of TINS aciJ shan be
utterly void and Of no effect
STc. ~. That If any person shall conceal
or make way With. or by any cDntrvincr tc
move out of this State. any com, bullion
bank bulls, prOmIssOIy notes, bulls OF ex.
change. or othe. securities. or goods or chat
tells, for the purpose ot cvadlng, hinderlnr
or postponing the operation aud effect Oi
this act. lie Or she shall br deemed guilty ol
|, a mIsdcmeanor, and npon conviction thereof
in the Court OF proper cognizance and juris
|, diction. shall be lined in any sum not es
!. ce, ding one thousand dollars. aud impris-
oned IN the jail OF the county not exceeding
sixty days, OI both, al the dIscfctioG OF thr
Court, and pay the costs ot he prosecute ION.
SIC, II. In case any bank or ther person
whose property Is taxed under the autharil,
oil this act, shall neglect or refuse 10 pay the
+ taxes 50 aSSrSSed, then so lon5 ms such taxes
are unpaid, plea of such non payInent oil
taxes shall be a good plea IN abatement, un-
, tll the suns shall be paid IN full, in any suit
whIeh may be instituted in any Court in this
, State BY such bank or other person herein
named. or for its or his use and benefit, tC
eniOrcc The collection OF any note. bill ol
/ other contract for the payment Ol money. =
Y Aud IN case any person or persons siionlt
I IeSl2 oppose or prevent the TIeasurer a.
{ Commissioner, or any dcputy or other per
I sou acting by the command OF either, IN III,
f.. execution OF the duties enioined by this &C,
J., such person or persons shall be liable to ,h'
$ same prosecution and punishment. 10 al
!, rnspectS. as I" he or they had resisted. op
= uosed OF prevented Sheriff or Constable II
u The eAe.u'io. "f State writ.
SIC IL. lhat II anl os"ntv Treasure
/, or Commissioner shall refuse or neglect L
Is perform any oi the duties enjoined upo
,r nun by this act at the time herein specified
1, IL shall be taken and deemed as a breach q
1t the condition Of his official bond, ani shaI
id subject him and his sureties to an action !
IN that behalf, 10 recover the amount OF ia
Je taxes assessed and unpaid, as aforesaid
II with Interest and ten per centum penalty
SIS and COSTS Of suit, which action Shall be m
f. stituted and conducted by the Attornr
General, NJ specified in the seventh sectio
IN OF the act 70 prescribe ms duties, passed Il
nk FIRST day OF May, IN the year eighteen hun
or dred and fifty two.
10. SIC. Is. That wherever an inlunctic
f.. has been. or may hereaflerbe granted b, u
an Court Of Common Pleas, or Court OF Pr
.II bate, OF any district or county, or by al
ali Judge Of either OF the said Courts, again
e. any person holding the office Of Coun
~. Treasurer. or County AUDITOR, or COMM
or sioner herein specified. or any other coun
ID, or state officef, to restrain such person ho
nv performing any part OF his SAID duty, diret
ee ed or aulhokj zrd by any statutes OF this Stat
or fot the colfSction OF the pubic ctevenue,t I
Ter Attorney General may upon receiving
ma copy 0lsaid pioceedings, tile in The ofhce
IS. the CleIk OF the proper Court, a motion
dissolve The iniunction. With Costs: and
,ss spy tims thereafter. on. i've days notice
,ss the complainantor or plsinauts, or his, h