General to Chancery due from president or cashier of any bank, taxed according to the provisions of this act, shall refuse to pay the tax collector the amount of Attorneytaxes assessed against said bank, he shall re-file a bill in port the same to the auditor of public ac- for recove counts, and make oath before him, or some ry of taxes other officer authorized to administer the Banks. oath, that he had demanded of the president or cashier the taxes assessed on the capital stock of said bank, and that payment of the same had been refused, and the auditor of public accounts shall immediately require the attorney general to institute proceedings against such bank for the recovery of the taxes due, and the attorney general shall thereupon file a bill in the superior court of chancery, against such bank, for the discovery and sequestration of its property. Sec. 46. Be it further enacted, That the chancellor shall proceed to hear and determine such cases, in the same manner as oth-the state to er suits; except the business of the state have prece shall have precedence of trial whenever the attorney general shall desire to take up and dispose of the same; and he shall, on the coming in of the answer to such bill, order so much of the property of any such bank to be sequestered, as he shall consider necessary to satisfy the amount of taxes due from said bank, and the cost of prosecution; and the chancellor may, if he deem it ne-Duty of the cessary, enjoin said bank from proceeding in relation with business, until the taxes due shall be o banks repaid; and he may issue writs of attachment pay taxes. and garnishment against the debtors of said bank, and direct such other proceedings as may be necessary to compel said bank to a Business of Chancellor fusing to : Assessors 10 proceed payment of the amount of tax due, and the costs of suit; for each and every decree, obtained by the attorney general against a bank, for the taxes due to the state or a county, he shall be entitled to receive a fee of one hundred dollars, to be taxed in the bill of costs against the bank. Sec. 47. Be it further enacted, That whenever any assessor shall have reason to suspect that any merchant, auctioneer, or other vender of merchandize, is about to leave the state without rendering an account of the amount of his sales, and paying the tax thereon, he shall immediately assess such person, and demand immediate payment of the tax; and if it be not paid, he shall levy the same by distress of personal when property, which he shall deliver over to the by distress collector, who shall make sale thereof, as in propersonal other cases; and if any collector shall have against mer reason to suspect that any merchant, aucauctioneers, tioneer, or other vender of merchandize, is chants and about to leave the state, after having been assessed, and before the time provided for making a seizure of property, for the payment of taxes, he shall immediately levy the tax assessed, by distress and sale as in other cases. Sec. 48. Be it further enacted, That if any merchant, auctioneer, or other vender sessor when of merchandize, shall refuse to deliver to merchants, the assessor an account of sales of merchanc. refuse dize, made by him or them, when thereto account of required, the assessor shall assess such person or persons at his discretion, according to what he shall consider the probable amount Duty of as auctioneers, to deliver sales. of sales of such merchant, auctioneer, or other vender of merchandize. rolls. Sec. 49. Be it further enacted, That the Auditor to auditor of public accounts may, from time blanks to time, at his discretion, transmit blank sessment forms of assessment rolls, to the several assessors and collectors, together with such instructions as he may consider useful in enforcing the execution of the provisions of this act. tion to board of po nishing Sec. 50. Be it further enacted, That when it shall appear to the satisfaction of Compensaany board of police, that their president has president of procured such books of maps, as required in lice for furthe eighth section of this act, such board of book of police shall allow such president a reasona-maps of ble compensation for his services, to be paid out of any funds belonging to the county treasury not otherwise appropriated. townships. dred copies Sec. 51. Be it further enacted, That the auditor of public accounts shall have three Three hunhundred copies of this act, and all other acts to be printrelating to assessors and collectors, printed ed. in pamphlet form, and transmit a copy to each assessor and collector of taxes in this state. Sec. 52. And be it further enacted, That all acts, and parts of acts, conflicting with the provisions of this act, be, and the same are hereby repealed. J. ALEXANDER VENTRESS, President of the Senate. Approved February 6th, 1841. A. G. M'NUTT. Auditor's CHAPTER 2. AN ACT to provide for funding the Treasury Warrants of the State of Mississippi, issued prior to the first day of January, one thousand eight hundred and forty-one. SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That sixty days after the time this act is approved, the warrants to auditor's warrants of the state of Mississippi, ber received issued prior to the first day of January, one for taxes. cation trea sue certificate of ac thousand eight hundred and forty-one, shall not be received by the tax collectors of this state in payment of taxes, Provided, That nothing herein contained shall be so construed as to inhibit the said tax collectors from receiving at any time hereafter, the auditor's warrants above designated, in payment of such arrears of taxes as may be due, for the year one thousand eight hundred and forty, or for any previous year; and Provided, furthermore, that it shall not be lawful for the said tax collectors to receive any part whatever of the taxes accruing for the year one thousand eight hundred and forty-one, or any subsequent years, in the auditor's warrants aforesaid. Sec. 2. Be it further enacted, That on the Upon appli- application of the holder or holders of any warsurer to is.rant or warrants, drawn on the Treasury of the state of Mississippi, (prior to the first day. knowledg of January, one thousand eight hundred and forty-one,) for payment, the Treasurer shall, and may issue to the said holder or holders, certificates of acknowledgment for the amount of said warrant or warrants, payable in two, four and six years after date, bearing an interest at the rate of five per centum per annum, until said certificate of acknowledgment shall become due. Sec. 3. Be it further enacted, That the certificates of acknowledgment issued under the provisions of the second section of this act shall be in the following form : Certificate issued on Warrant No. No. MISSISSIPPI, LETTER A. FUNDED DEBT. THIS certifies that the State of Mississippi, acknowledges to be in debted to in the sum of holder of warrant No. dollars and cents, one third of said warrant, and promises to pay said sum with interest thereon at the rate of five per centum per Certificate issued on Warrant No. be paid an treasurer. Sec. 4. Be it further enacted, That the interest allowed upon said certificates of ac-Interest to knowledgment provided to be issued under the nually by second section of this act, shall be paid annually by the Treasurer upon the warrant of the auditor, drawn therefor, in favor of the holder of such certificate. coun Sec. 5. Be it further enacted, That said Certificate certificates of acknowledgment when signed by tersigned by the treasurer, shall be countersigned by the the auditor auditor of public accounts, and when so signed shall be transferable by endorsement. Sec. 6. Be it further enacted, That all war- Original rants redeemed by the issuance of certificates cancelled to warrants |