entered upon the record of the proceedings of said trustees, and certified to the county auditor, who shall carefully ascertain the net amount collected for each purpose; and such specific fund shall not be used for any other purpose than the one for which the same was specially levied. and town pur poses, &c. SEC. 65. All city and town corporations shall annually Taxes for city determine on the amount to be raised for any purpose for which such city or town corporation, shall be authorized to assess a tax, and shall certify the same to the county auditor, on or before the fifteenth day of June, to be by him placed on the duplicate to be collected by the county treasurer as other taxes are collected. Every such city or town corporation shall specify upon its record the amount required for each purpose, and such specific funds shall not be used for any other purpose than the one for which the same were specially levied; Provided, however, that the aggregate amount levied by any city or town corporation, for any year, shall not exceed a tax of five mills on the dollar of the taxable property in such incorporated town or city, unless in such incorporated town there shall be less than one hundred thousand dollars in value of property entered upon the duplicate for taxation, in which case the tax shall not exceed eight mills on the dollar; and, provided further, that such limitations shall not extend to special or discriminating local taxes, which city or town corporations are or may be authorized to levy upon any luts, blocks or squares, in such city or town, or to any towns or cities specially authorized to levy a greater amount of tax than is provided for in this section-which special or discriminating local taxes by law required to be otherwise collected, shall not be placed on the duplicate. mit forms and SEC. 66. The Auditor of State shall from time to time Auditor of prepare and transmit to the several county auditors all such State to trans forms and instructions as he shall deem necessary to carry instructions, into effect the provisions of this act; and with the advice of &c. the Attorney General, he shall decide all questions which may arise as to the true construction of this act, subject, however, in all cases, to an appeal to the Supreme Court. out blank forms, &c. SEC. 67. County Auditors shall, before the fifteenth day County audiof February, annually, make out the blank forms and in- tors to make structions for the township assessors, and forward them to the township clerks, as required by the fifteenth section of the act to create the office of township assessor, passed March 20, 1841; and the auditors of counties and the assessors of townships and wards shall, in all respects, except as hereinbefore provided, be governed by the rules and regulations contained in the several acts prescribing their duties. SEC. 68. Every county auditor and every district and Penalty for township assessor who shall in any case refuse or knowingly neglect of daneglect to perform any duty enjoined on him by this act, or ty, &c. who shall consent to or connive at any evasion of its provisions, whereby any proceeding required by this act shall Acts repealed. Act taxing banks, &c. Provisos. When this act be prevented or hindered, or whereby any property required to be listed for taxation shall be unlawfully exempted, or the valuation thereof be entered on the tax list at less than its true value, shall, for every such neglect, refusal, consent or connivance, forfeit and pay to the State not less than two hundred nor more than one thousand dollars, at the discretion of the court, to be recovered before any court of record in the State. SEC. 69. The act for levying taxes on all property in this State, according to its true value, passed March 2, 1846, the act to amend the same, passed February 8, 1847, the act to provide for the assessment of personal property and the valuation of new entries and new structures, passed January 22, 1848, the act passed February 22, 1848, further to amend the act for levying taxes on all property in this State, according to its true value, and the act passed March 19, 1849, further to amend said act of March 2, 1846, and all parts of laws superseded by this act, and inconsistent therewith, are 'hereby repealed. SEC. 70. Nothing in this act contained shall be so construed as to impair or in any manner affect the provisions of an act passed at the present session of the General Assembly, entitled "An act to tax banks, and bank and other stocks the same as other property is now taxable by the laws of the State." SEC. 71. Provided, that every agency of an insurance company, incorporated by the authority of any other State or government, shall be annually assessed at the amount of the gross receipts of such agency, and subject to the same rate of taxation that other personal property is subject to, at the place where such agency is located; and provided further, that the domestic bonds of the State shall not be exempt from taxation under the provisions of this act. SEC. 72. This act shall take effect and be in force from to take effect. the first day of December next. JOHN F. MORSE, Speaker of the House of Representatives. March 25, 1851. Speaker of the Senate. AN ACT To provide the mode of taxing certain Railroad Companies. •Railroad com Sec. 1. Be it enacted by the General Assembly of the State of panies to reOhio, That until otherwise provided by law, all railroad com- port divipanies in this State, the charters of which provide that such dends to Aucompanies may be taxed upon their dividends, ditor of State, shall report &c. the amount of each dividend made by such company, to the Auditor of State, within ten days after such dividend shall have been made; and when the dividends made during the year by any of said railroad companies, shall exceed the per cent. upon its capital stock which such company may make without being subject to taxation, then the Auditor of State shall draw a bill in favor of the Treasurer of State, for six per centum upon the amount of the dividends made during the previous year, which shall be paid into the State treasury as the tax upon such dividends, and appropriated as other State taxes; and the personal and real property of such railroad companies, used exclusively for corporate purposes, shall not be taxable in addition to the tax aforesaid. fusal. SEC. 2. If any railroad company, subject to taxation Penalty for upon its dividends, shall neglect or refuse to report the neglect or reamount of dividends made by such company, or shall fail to pay the draft of the Auditor of State for the tax upon such dividends, then such railroad company shall pay to the State of Ohio one per cent. upon the amount of the capital stock of such company, which shall be recovered by an action of debt in the name of the State of Ohio against said company, in any court of competent jurisdiction in the county of Franklin, and judgment shall be rendered at the first term to which the process shall be returned served, unless the court, for good cause shown, shall continue such action. SEC. 3. The act to provide for the taxation of the Little Act repealed Miami Railroad Company, passed March twenty-third, eighteen hundred and forty-nine, is hereby repealed. JOHN F. MORSE, Speaker of the House of Representatives. Speaker of the Senate. March 25, 1851. AN ACT Stockholders other per or To provide for the distribution o. the assets of expired banking companies. SEC. 1. Be it enacted by the General Assembly of the State of sons interest- Ohio, That in all cases where the charter of any banking ed may have company has, or may hereafter have expired, or become an account of forfeited, any stockholder or stockholders, or other person or assets ren dered. Interest may be required of any person holding assets, &c. When court to appoint receiver, &c. terest to be divided, &c. persons, in interest, may at any time, by petition in chancery, in a suit to be commenced in the county where such bank was located, be entitled to have any person or persons holding, or having received any funds, credits or assets of such banking company, render a full and fair account of the same. SEC. 2. That in taking such account, the person or persons so holding or having received said funds, credits or assets of such banking company, shall stand chargeable with interest upon all sums of money and credits by him or them held, and with all rents and profits received or enjoyed of the same, from the time of having first received said funds and credits, or having enjoyed and received said rents and profits, except in cases where by proof made to the satisfaction of the court, said person or persons have kept and held said funds in trust upon deposit, without using or receiving any benefit, use or profit of the same; and in stating said account, interest shall be computed, and rents made annually. SEC. 3. That in case any person or persons holding any funds or assets of such banking company, shall claim to hold, or to have received the same in a fiduciary capacity, to meet any contingent or future liability of such company, it shall be lawful for the court to appoint a receiver or receivers of all such funds or assets, as, upon hearing of said cause, shall be found necessary to meet and discharge all such contingent or future liabilities of such banking company; and to order such funds to be loaned, with good and sufficient security, upon annual interest, until the time when such contingent and future liabilities may be finally discharged or barred by laws of limitation; provided, that said funds so loaned upon nnual interest. shall be made payable, either in whole or part, as may be necessary, to pay any such accruing contingent liabilities, within thirty days after the notice and demand of the same. SEC. 4. That all accruing interest and rents upon such Aceruing in funds and assets, after discharging such contingent liabilities arising during the year, shall be annually divided and paid over to the several parties in interest, according to their respective distributive shares in said fund, to be determined and settled by said court, in and by their final decree in said cause; and the principal of said fund, and all assets so belonging to said company, shall, according to the decree and order of the court, upon final discharge or termination of said contingent liabilities of said company, be in like manner distributed and paid over to the several parties in interest, according to their respective distributive shares, as determined by the decree of said court. JOHN F. MORSE, Speaker of the House of Representatives. Speaker of the Senate. March 24, 1851. AN ACT To restrain the sale of Spirituous Liquors. &c. SEC. 1. Be it enacted by the General Assembly of the State Penalty for of Ohio, That if any person shall sell or vend or give away vending, selling or giving with intent to evade the provisions of this act, any spiritu- away spirituous liquors of any kind whatever, to be drank in the place ous liquors, where sold; or if any person shall vend or sell or give away with intent to evade he provisions of this act, any spirituous liquors, of any kind whatever, by less quantity than one quart; or if any person shall sell or vend or give away with intent to evade the provisions of this act, any spirituous liquors, of any kind whatever, to any person under sixteen years of age; each and every person, so offending, shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall, for the first offence above specified, be fined in any sum not exceeding twenty-five dollars, nor less than five dollars; for the second offence above specified, shall, upon conviction thereof, be fined in any sum not exceeding twenty dollars, nor less than five dollars; and for the third offence above specified, upon conviction thereof, shall be fined in any sum not exceeding fifteen dollars, nor less than five dollars; Provided, that nothing contained in this section shall be so construed as to make it unlawful to sell any spirituous liquors for medicinal and pharmacutical purposes. SEC. 2. All prosecutions under the provisions of this act, Prosecutions shall be by indictment in the Court of Common Pleas, in the to be by indictment, &e county where such offence is committed, or before some justice of the peace, according to the second section of the act entitled "An Act granting Licenses and regulating Taverns," passed February 17, 1835. Provided, That prosecutions under this act may be brought before the Mayor or other officer having judicial powers in any incorporated city or town in this State. |