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Advancement of case.
out regard to the amount claimed, in the same way mortgage liens are enforced, and the said court shall, upon the application of the plaintiff, advance said cases on the docket so that the same may be first heard; and it is sufficient having made the proper parties, for the treasurer to allege in his petition that the taxes and assessments, or either stand charged on the duplicate or duplicates against.said premises, the amount thereof, and that the same are unpaid; and he shall not be required in the petition to set forth any other or further special matter relating thereto; and said duplicate or duplicates shall be received as prima facie evidence on the trial of the amounts and validity of such taxes and assessments, and of the nonpayment thereof; and if it is found that such taxes and assessments, or any part thereof, are due and unpaid, judgment shall be reridered for the same, penalty and costs, and said premises, or so much thereof as may be necessary to pay the same, shall be by order of the court sold to pay the same; and out of the proceeds of the sale shall first be paid the said judgment, next the costs, then the balance shall be distributed as may be just; and the owner or owners of such property shall not be entitled to any exemption as against such judgment, nor shall any statute of limitations be applicable to any action brought under this section; and if the lands or tots have been forfeited to the state, it shall not be necessary to make the state a party, but it shall be deemed a party through and represented by the treasurer; and in such proceedings the treasurer may join in one action all the lots or lands, or any number of them embraced in any one assessment, but the decree shall be rendered severally or separately for the taxes and assessments found due; and any proceeding may be severed in the discretion of the court, for the purpose of trial, revision or appeal where an appeal is allowed; and the court shall make such order for the pay. ment of costs as shall be deemed equitable and proper; the auditor may place upon a separate duplicate the forfeited and delinquent taxes and assessments for the years prior to 1899 upon the request of the treasurer, and the validity and priority of lien of such taxes and assessments shall not be affected thereby; and the county treasurer shall have power to contract with suitable person or persons to collect any such delinquent or forfeited taxes or assessments at a compensation which may be deemed just and proper, subject to the approval of the county commissioners, but in no case to exceed twenty-five per cent. of the amount collected, the expense of collection under such contract to be borne by the person or persons so contracting; provided, however, that if any municipal assessments are included in any such contract the said contract as to such municipal assessments, shall be approved by the legislative body of the municipality interested in such municipal assessments, and the power is hereby given to the legislative body of any municipality to approve such contract as to such municipal assessments, and the person or persons so contracting shall
Distribution of proceeds, ,
Treasurer may contract for collection of unpaid taxes.
treasurer fails to enforce lien
have the right to proceed under this section in the collection of said taxes and assessments or as otherwise provided by law. All such allowances shall be apportioned ratably by the county auditor among all the funds entitled to share in the distribution of such taxes and assessments; and all allowances heretofore made by any board of county commissioners for service for attorneys in collecting taxes, as provided in original section 1104 Revised Statutes, are hereby authorized and approved. Provided, that when any How, when such county treasurer shall refuse or neglect to enforce a lien for such taxes and assessments, or either, and penalty for taxes. due thereon, by civil action as hereinbefore provided when requested so to do by the auditor of state, the auditor of state may direct the prosecuting attorney of the county to enforce such lien in a civil action in the name of the state of Ohio; and said suit shall be brought and prosecuted the same as hereinbefore provided, and for his services such prosecuting attorney shall be allowed by the county commissioners of such county, payable out of the treasury of such county, such reasonable sum as they may deem just and equitable for his services.
SECTION 2. That said section 1104 of the Revised Stat- Repeals. utes of Ohio, as the same was amended May 14, 1896, Ohio laws, volume 83, page 156, be and the same is hereby re pealed.
SECTION 3. This act shall take effect and be in force from and after its passage, and shall apply to all existing causes of action and pending actions.
W. S. MCKINNON,
F. B. ARCHER,
President pro tem. of the Senate.
[House Bill No. 624.]
SECTION 1. That section 4637-9 of the Revised Stat- County roads: utes of Ohio be amended so as to read as follows:
Sec. 4637-9. The assessment so made shall be certified Collection of by the commissioners to the auditor of the county, who shall assessments. place the same on the tax list against such taxable property, which shall thereupon become a lien upon such property, and the same shall be collected as other taxes, in not to exceed ten annual installments. Said commissioners may, after the amount of one installment has been paid, in anticipation of the collection of the balance of such assessment,
Commissioners may borrow money in anticipation of tax collection.
borrow a sum of money sufficient to pay the balance of the whole of the estimated cost and expense of the improvement, and shall have authority to issue and sell negotiable notes or bonds bearing a rate of interest not to exceed five per cent. per annum. In which event said commissioners shall cause the damages to be paid at once, also the improvement to be made at once, and may add interest at the rate of not to exceed five per cent. per annum to all unpaid installments and collect the same together with the assessment.
SECTION 2. That said original section 4637-9 be and the same is hereby repealed.
SECTION 3. This act shall take effect and be ir force from and after its passage.
W. S. McKINNON, Speaker of the House of Representatives.
F. B. ARCHER,
President pro tem. of the Senate. Passed April 4, 1902.
When disposition of entire stock of merchandise in bulk is fraudulent and void.
[House Bill No. 334.]
SECTION 1. A sale, or other disposition of an entire stock of merchandise in bulk, or any portion of a stock of merchandise, otherwise than in the ordinary course of trade, and in the regular and usual prosecution of the seller's business, shall be fraudulent and void as against the creditors of the seller unless the seller at least six days before such a sale, or other disposition shall :
First. Deliver to the purchaser a full and correct statement of the names and places of residence, or places of business of each of his creditors.
Second. The amount due each.
Third. Also deliver to the purchaser true and correct books, or original invoices from which the cost price of the merchandise sold can be ascertained.
Fourth. And also unless the seller and the purchaser together, at least six days before the sale, or other disposition make a full detailed inventory, showing the quantity and the cost price to the seller of each article to be included in the sale, or other disposition.
Fifth. And unless such list of creditors, buoks, invoices and inventory be retained by the purchaser for at least six months after the sale, or other disposition, and be exhibited on demand to each creditor of said seller.
Sixth. And unless the purchaser shall at least five days before the sale, or other disposition, in good faith,
buyer for such noncompliance.
give notice of such proposed sale, or other disposition and said cost price of the merchandise proposed to be sold, or otherwise disposed of, and the price to be paid therefor by the purchaser to each of the seller's creditors of whom the purchaser obtains the knowledge by the list aforesaid, or can, by the exercise of reasonable diligence gain knowledge -such notice to be given either personally or by registered letter, properly 'stamped, directed and mailed.
SECTION 2. The failure by the seller to furnish the Penalty for list of names and addresses of his creditors, and the amounts by vendor due each, as provided in section one of this act, or the fur
ise with section one
of this act. nishing of an untrue list, or the failure of the seller to furnish books, or original invoices from which the true cost to the seller of the articles to be sold, or otherwise disposed of, can be correctly ascertained as provided in section one of this act, or the furnishing untrue books or invoices shall if any creditor or person has been defrauded or wronged by such sale, neglect or omission, be a misdemeanor, punishable by a fine of not less than one hundred dollars, nor more than five hundred dollars, and imprisonment in the county jail for not less than one month, nor more than six months. . SECTION 3. The failure of a person who receives a Penalty against sale, or other disposition of an entire stock of merchandise hi in bulk, or of any portion of a stock of merchandise, otherwise than in the ordinary course of trade, and in the regular and usual prosecution of the seller's business to require from the person who makes such sale, or other disposition, a statenient, books and invoices, required by section one of this act, or in conjunction with the other party to the transaction, make the inventory required by said section, or to retain the list of creditors, books, and invoices and inventory as required by said section, or to exhibit them on demand as required by said section, or to make the inquiry, or to give the notice required by said section, shall if any creditor or person has been defrauded or wronged by such sale, neglect or omission, be a misdemeanor, punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, and imprisonment in the county jail for not less than one month, nor more than six months.
SECTION 4. Except as provided in the preceding sec- Rules of tions, nothing contained in this act shall change or affect eviden the present rules of evidence, or the present presumptions of law.
SECTION 5. This act shall take effect and be in force from and after the date of its passage.
W. S. McKINNON,
F. B ARCHER,
President pro tem. of the Senate.
shall be kept
Such company must maintain
to fifteen per
(Senate Bill No. 12.)
Be it enacted by the General Assembly of the State of Ohio: Safe deposit
SECTION 1. That section 3821b of the Revised Statand trust companies:
utes of Ohio be amended so as to read as follows: Account of
Sec. 3821b. All money or property held in trust shall ceived in trust constitute a deposit in the trust department, and the ac
counts thereof shall be kept separate, and such funds and separate.
the investment or loans of them shall be especially appropriated to the security and payment of all such deposits, and not be subject to any other liabilities of the company, and for the purpose of securing the observance of this proviso, such companies shall have a trust department in which all business pertaining to such trust property shall be kept separate and distinct from its general business.
Such company shall at all times have on hand in lawa reserve equal ful money of the United States as a reserve, an amount equal
to fifteen percentum of all deposits, payable on demand or cent. of deposits.
within ten days; and when said reserve shall be below such percentum of such deposits, said company shall not make new loans, nor make any dividends of its profits until the required proportion between the aggregate aniount of its deposits and its reserve shall be restored; provided, that clearing house certificates representing specie or lausul money specially deposited in the vault of such safe deposit company, or the United States subtreasury for the purpose of any clearing house association of which said company may be a member, may be recorded as a part not exceeding onethird of said reserve; provided further, that one other third of said fifteen percentum shall consist of bonds of the United States or this state, the absolute property of said company, and the remaining third of said fifteen percentum in lawful money of the United States.
Any such company may be appointed trustees under any will or instrument creating a trust for the care and management of property, under the same circumstances, in the same manner, and subject to the same control by the court having jurisdiction of the same, as in the case of a legally qualified person.
The capital stock of said company, with the liabilities security for of the stockholders existing thereunder, shall be held as
of duties security for the faithful discharge of the duties undertaken undertaken by virtue of this act, and surety shall be required upon the
bonds filed by such company the same as in other cases.
In all proceedings in the probate court, or elsewhere, connected with any. authority exercised under this act, all accounts, returns and other papers may be signed and sworn to in behalf of such company by any officer thereof duly
Such company may be appointed trustee under will or deed of trust.
Capital stock shall be held as
under this act.