American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1858-06-03

and seizure, tof 20 that the same cannot con-
lveniently be made,l she commissioner may ehd
shall pursue The said coin, bullion, bank bills
prolnissoTy notes, bills Of exchange or other
securities, OF goods OF chatties, into any ooun-
" or cou mites ofthis state, and disirain and
ssiss TIE same wherever found. And the
Commissioner shall Iemoveiuto the eounty'in
which the principal once. ageney OF place Of,
business Of shy such corpogation, company or
association is situate, all coin, bullion, bank
bills, ptomsssory notes. billso OF exchange OF
othersecurities. or goods oT ehattles, dis.rain-
ed and seized elsewhere. ,aad thereafter pro-
coed in ali tesneets as IL the same had been
dislfained aud se,sed within the county, in
which such oiEss, agency or place OF business
is situate. fte as ~aliiHEaD gov
Sec. Il. That every gin, sale. transfer,
assurance, pledge or delivery Of coin. bulliOn,'
bank bills promissory notes. bills Of exchange
OF other securities, or goods or, chattles. and
every endorsement, cancellation or payment
of bank bills, nromissoJy notes, bills OF ex,
change or other securities, and every bond. Sc
tcuTiy, judgement or execution, mtde procured
obtalned or suffered, with intent 10 evade. lR
der OF postpone the operation 10 effect OF this
act. shall he utterly void and Of no effect
Secsl2. Thstif any pesson shall conceal or
make way with, or by any contIivance remove
out Of this state. any coins bullion. bank bills,
promissoTy notes. bills Of exchange or other
securities, or goods or chattles, for the pnr-
pose Of eSading, hindering, or postponing the
operation and effect OF this act, he OF she shsil
be deemed guilty Of misdemeanor, and upon
conviction thereof, in the court Of proper cog
nizance and Jurisdiction. shall be fined in any
sum not exceeding one thousand dollars. or i'm.
prisioned In the Jail Of the county not exceed.
ing sixty days, VI both, at the discretion Of The
court, and pay the costs OF prosecution. ,.i
Sec. IS. In case any bank or other person
whose property is taxed under the authority Of
this act, shall neglect or refuse topay the tax
es so assessed, then so long as such taxes
are unpaid, plea Of such non payment OF tax
es shall be good plea in abatement, until the
same shall be paid in full, in any snit which
| may be instituted in any court Of this state, by
such bank or other person herein named, OF fOI
its or his use and benefit, TO enforce the collec-
1 tion Of any note bill or other contract for the
payment Of money. And in case any person
or persons should resist, oppose, or prevent
4 the treasurer or commissioned, or any deputy Ol
i other person acting by command Of either in
the execution Of the duties enjoined by this nci
\ such person or persons stall bs liable to the
same prosecution and punishment, in all re
Specls, as il he or they had resisted, opposed
or prevented sheriff OF constable 1.-THE, exc
cution OF state writ. .,t,-, d.
Sec. "a. That il any county treasurer o
commissioner shall refuse or neglectto perform
any OF the duties enjoinedup him by this ac
at The times herein specified, itshall be taken
and deemed as breach OF the condition o
his official bond. and shall subject him and hi
suTeties to an action in thnt behalf, TO recove
The amount the taxes assessed aud unpaid
as Aforesaid, with an crest aud ten per centur
penalty and costs Of suit, which action shal
be instituted and conducted by the attorne
general, as specified in the seventh sectio
OF the net to prescribe his duties, passed tn
FIRST d1y OF May, in the year eighteen hundre
and fifty two. f.. .3f.,o
Sec i6 That wherever an Injunction ha
. been. OF may hereafter be granted byth cou
OF common pleas. or court of probate, or an
district or county, or by any judge OF either {
the said COURTS against any person holding IN
Office OF county treasurer, or county audito:,C
Commissioner herein specified, or any otht
J county or state eofticer, 10 restrain such perso
from peTformiEsaan any duty Of his said Office
2 directed or authorized by any, statute or stat
ttes Of this state, for the collection OF the pul
lilo revenue, the attorney general may, upo
receiving scopy OF said proceedings. file, in u
Office Of the clerko the proper court motto
2 to ti ssolye the injunction with COSTS and
any time thereafter, on eve days notice to II
2 complainant OF fcomplainants, or his, or the
. counsel, the attorney general or prosecutr
J attorney ofthe county may deuandQthAt Il
said motion shall be heard blythe proper couI
7 Il in session, or by any Judge ofsuch court,
: | in vacation and such coutt or Judge, as afor,
said, shall therenpon Learsnd speedily dete
!, mine the same. And1iu case the said court
= Judge should refuse TO dissolve the said injun
ton, with costs. the attorney general may f
notice OF appeal from such decision in Il
y clerks Office OF the said court; and thereupt
u tie clerk shall forthwith make out and deliv
. TO the attorney general, or prosecuting alto
ney, a certified transcript OF all the proceedin
y Aforesaid; and copies Of all the pleadings, e
J. hbits, and proofs, the expense whereof sbi
~ be taxed and allowed TO the clerk in the CO
!. bill OF the said cause. And the attorney &c
+ eral or prosecuting attorney, after ten ds!
% notice to The complainant or complainants,
~ his, her or heir counsel, may present The SO
y transcript and copies to the district court OF I
y said county, or tU the supreme court, or o
!, Judge thereof, nnd cause the said motion to
% agsip heard. And the said district court or S
v preme court, ss the case may be. .or judge Of I
70 supreme court, shall entertain the said motio
~ aud finally decide the same. And the said I
trict or supreme court under its seal, or jud
J; OF the supreme court under his hand, shi
T. certify the decision OF the said motion to 4
court whence the same was appealed, and.
~ case Of dissolving the injunction, shall SCI
. court or hand ofthe judge granting the sam
y directing the court below TO proceed in accor
ance with the decision so certified. And ther
y upon, in case Of such mandate, the njuncti
g shall be dissolved, and the complainant or CO
= plRinants shall be charged in the cost bill wi
81 all the expenses aud costs thereof. And
4 shall not be lawful for such complainant
!, compliments, upon the same bill, or any 9th
o. Till founded upon the same matters, to ha
u, any other injunction. F'..i'
- SEQ. 10. That the act entitled can I
~ further TO amend an act for the assessment a
ID taxation Of all property in this state, a.
90 for levying taxes thereon according 10 its II
.s value in money, and the several acts supp
of mentary and amendatoTy thereof" pass
i April LIST 1855, and also the act entitled, az
y, act, amendatory Of the act entitled an act
AZ provide for taxing banks and banking compa
u1 1 ies," passed March %, 1850, be and the sal
ID are hereby repealed. G'"i F1'
n. WILLIAM B. WOODS,
M Speaker OF the House OF Reps
of MARTIN WELKER,
il, April 10. 1885, President Of the Senate
3 AUDrroR's oFFIcE, Fairfield County,
he Lancaster, 1888.
I'd hereby certify that have examined |
c. proof Of the foregoing laws, and that they
eS uublished cOTrectlV according 10 the cODv