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

LII 4A4 AttE@oL
,ies.o OF said appointment: and shall give bond
10 the state of Ohio, with Two or more sure
ties TO be approved BY the auditor of state, in
a san not lcssthan one handred theusa nd dot
lars conditioned for she faithful and diligent
performance Of his duties. and which he viii
truly account for all money that may GENE
into his hands, and for the prompt payment to
the treasurer Of state or other parties entitled
to. all such moneys as aforesaid
Sec. 10. That if any commissioner ap-
pointed and qualified as aforesaid, should not
find sufficient gold. silver. or copper coin.
bullion, bank bills, proInisory notes, bills of
exchange, or other securities goods or chat
fels, to pay The amount OF taxes and penaiiy
demanded, together with five per cenipfn
pIundsge, and all the costs and ex
pense of distress and SECURE, ia the p:inel-
pal Office, agency or place Of business of
any corporation, company or association de
scrjbed in the fourth section of this act, he
is hereby authorized and required also TO dis
train, seize. and remove whatsoever coin.
bullion, bank bills, proIaissory notes. bills of
exchange and other securities, or goods c.
ehattels, Of such corporation. company or as
spciatipn, he may or can find anywhere
WHR@lt AS EN~hSf AH HASS0 PNGsNoSH "
control soeveF, or in what place soeYeF the
same may be. And in case any coin.
bullion, bank Ills, ~preF,isaofy notes, bills OF
exchange, OF other securities, goods o. Chat
tells, be removed from one place TO another
vithinsthie stale, for the purpose OF eVadlng
sIcli 6istressor seizure. (oF 80 that the same
cannot eohsenieIll:y be made,9 the commits
siener MAY and shall pursue such coin, bull
lion, bank bills. promissory notes, bills of ex-
change, or other securities, or goods or chat
tells, into any county o. counties oI this
state, and distrain and sieze the same wher-
ever found. And the commissioner shall re-
nsFe into the county in which The principal
ofice,agepcv or place of business Of any such
corporrtioh company or association is situate
all coin, bullion bank bills, promisory notes
bills of exchange or other securities, or goods
or chattels, distFained and seized elsewhere,
and thereafter proceed in al! respects as i
the same had been distrained and sliced
within the county in which such ofice, agen-
cysor place Of business is situate.
Sec. II. That every gift, sale, transfer,
assurance, pledge or delivery of cein, built
on. bank bills. pronissory notes. bills OF ex-
change, or other securities. or goods or chat.
tells, and every endorsement, cancellation or
pay mentof bank bills Pronisory notes, bills
of exchange or other securitier, and every
bond, security, judgment or execution, made
procured obtained, or suffered. with intent to
eyade, hinder or postpone the operation or
effect of this act, shall be utterly void and
oftno effect.
Sec. -. That if any person shall con-
'ceal or make way with, or by any c0ntri-
vance remove out of this state. any coin, bull
lion. bank bills. Pronissary notes, bills of ex-
change or ether securities goods or ehattels,
TO, the purpose of evading. hindering, or
postponing the operation and effect of this
net. he or she shall be deemed guilty of a
misdemeaRor, and upon conviction thereof,
in the court of proper cognizance and juris-
.diction. shall be fined in any sum not ex-
ceediag one thousand dollars, or imprisoned
IN the Jail of the county not exceeding sixty
days, or both, at the discretion of the court,
and pay the costs Of prosecution.
Sec. l3. In case any bank or other per-
son whose property is taxed under the au-
thority of this act, shall neglect or refuse TO
pay taxes SO assessed, then so long as such
taxes are unpaid, a plea of such non-pay-
ment of taxes shall be a good plea in abate-
ment, until the same shall be paid in full, in
any suit which may be instituted in any
court of this state, by such bank or other
person herein named, or for its or his use and
benefit, to enforce the collection of any note
bill or other contract for the payment of
money. Andin case any person or persons
should resist, oppose, or prevent the treasur-
er or commissioner, or any deputy or other
person acting by the command Of either, in
the execution of the duties enj lined by this
act, such person or persons shall be liable to
the same prosecution and punishment. in all
respects, as if he or they had resisted or OPP
posed, or prevented a sheriff or constable in
the execution of q stale writ.
Sec. ID. Thatif any county treasurer or
COMMISSIONS shall refuse or neglect TO per-
form any of the duties e~Djoined upon him
by this act al the times herein specified, it
shall be taken and deemed as a breach of the
condition OF his official bond, and shall sub
ject him and bis sure,ies to an action in
that behalf, to recover the amount of the
taxes assessed and unpaid, as aforesaid, with
Interest and ten per eentum penalty, and
costs of suit, whicb action shall be %institu-
ted and conducted by the attorney general
as specified in the seventh section of the
act to prescribe his duties, passed the first
day of May, in the year eighteen hundred
and ffty-two.
Sec. Is. That wherever an injunction
auls been, or may hereafter be granted by
cue court of common pleas, or court of pro-
bute, of any district county, or by any judge
of either of the said courts, against any per-
son holding The Office of county treasurer. or
county e%adiforr, or commissioner herein
specified or any other county or state
officer, to restrain such person from per-
forming any duty of his said office, d.
rectcd or authorized by any statute OF
statutes of this state, for the collection of
the public revenue. the attorney general
may, upon receiving a copy of said proceed
ings, file in the office of the clerk of the
proper court a motion to dissolve the injunc-
zion with costs; and at any time thereafter,
on FIVE davs' notice to complainant or con-
piainanis, or his, her or their counsel, the
attorney general or the prosecuting attor-
uey of the county may demand that the
said motion shall be heard by the proper
court, if in session, or by any judge of such
court, if in vacation, and such court or judge
as aforesaid, shall thereupon hear andspeed-
lily determine the same. And in case the
said court or judge should refuse to dissolve
the said injunction, with costs, the attorney
general may file a notice of appeal from
such decision in the clerks Cfice of the said
court; and thereupon the clerk shall forth
with make out and deliver to the attorney
general, or prosecuting attorney. a certified
transcript of all the proceedings aforesaid,
aud copies or all the pleadings, exhibits, and
proofs, the expense whereof shall be taxed
and allowed TO the clerk in the cost bill of