The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1858-06-16
cAD1z % OHIO, WEDNESDAY JUNE 49, 1858

had resisted, opposed or prevent sheriff or con
stable in the execution Of a state writ
Sec. IA. That if any county treasurer or com /
missioner shall refuse or neglect to perform any
of the duties enjoined upon him by this act at
the times herein specified it shall be taken and
deemed as a breach OF the condition Of his Of
ficiaIbond, and shall subject him and his sure
ties TO an an action in that behal to recover the
amount of the taxes assessed and unpaid, as a
foresaid, with interest and ten per cehtum PEN
alty and costs Of suit, which action shall be in
stitnted and conducted by the attorney general,
as specified in the seventh section Of the act 10
prescribe his duties, passed the first day of May,
in the year eighteen hundred and tilty-two.
Sec. Is. That wherever an Injunction has
BEEN or may hereafter be granted by the court
ofcommon pleas, or court OF probate, oil any dis
trict or county, or by any judge Of either ol the
said courts against any person holding theoiilce OF
county treasurer, or county auditor or comihis-
soner herein specified, or any other county or
state officer, to restrain such person IRON per-
forming any duty Of his said office, directed or.
authorized by anyastatute or statutes ol THIS
state, for the collections of the public revenue,
the attorney general may upon receiving CO.
py of said proceedings, file in the clerk OF the
proper court, motion to dissolve the injunc-
DAYS notice to the complainant or complainants
or His, her or their courses he attorney general or
prosecuting attorney ofthe county may demand
that the said motion shall be heard by the p opr
| court, ifin session, or by any judge Ofsuch
court ifin vacation and such court or judge, as
aforesaid, shall thereupon hear and speedily de
1 termine the same And in case the said
court or Judge should refuse to dissolve THE said
| injunction, with COSTS the attorney general may
file anotice of appeal from such decision in the
clerks office of the said court, and thereupon
the clerk shall forthwith make out and deliver
/ to the attorney general or prosecuting attorney,
| certified transcript ofall the proceeding afore-
said, and copies Of all the pleadings, exhibits,
4 and proofs, the expense whereof shall be taxetl
and allowed to tho clerk in the cost bill OF said
cause. And the attorney general or prosecut-
ing atty after ten days notice to the complain
ant or complainants, or his, her. or their coun-
sci, may present the said transcript and copies to
/ the district court OF the said county, to the su'
preme court, or any judge thereof and cause the
said motion to be again heard. And the said dis
trict court or supreme court, as the case may be,
or Judge Of the supreme court shall entertain the
said motion, and finally decide the same. Andthe
4 said district or supreme court under its seal, or
! Judge of the supreme cout under his hand Shall
certify the decision OF the SAID motion TO the
court, whence the same was appealed and in
case of dissolving the INDUCTION shall send there
4 with mandate, under the seal of the court or
hand of the judge granting. the same, directing
the court below to proceed in accordance with
the decision SO certified. And thcreupon, ir
case of such mandate, the injunction shall be
dissolved and the complainant or coniplainaptS
shall be charged in the cost bill with all the
expenses and costs thereof And it shall moi
be lawfu for such complainant or complainants
upon the same bill, or any other founded upon
the same matters to have any other injunction.
, Sec. 16 That the act entitled "An actfprth
er to amend an act for the assessment and tax
alton ofal property in this state, and for levy
ing taxes thereon according toits true value IL
money, ami the several acts supplementary ant
amendatory thereof, passed April lst 1886
, and also the act entitled, "An act, amendatory
of the act entitled an act to provide for taxing
banks and banking companies, passed Marcf
%, 1850, be and the same are hereby repealed
. t.....-f .t. WILLIAM B. WOODS, D.
Speaker of the House of Representatives.
.t.1Ni' 'Fl. si''" MARTIN WELkER '''8
rDH #sG2up gyih President Of the Senate
April 12,s 1855 ,tr Y -- PA as3 1e., 1'l :