ney or agent upon the call of the docket, it shall be
the duty of the court to cause the personal appear-
ance of said company to he entered, and the case
shall stand for trial or hearing as if said company
had appeared by attorney, and if said company shall
appear by attorney or agent, and either party shall
desire a trial by Jury, it shall be the duty of the court
to cause issues to be framed, and a jury to be em-
paneled for the trial thereof, and if the verdict of
the court or jury shall be for the State, judgment
shall be entered without stay for the amount of the
taxes so due as aforesaid, and ten per cent, additional
as damages, -with interest and all costs, and a fee of
fifty dollars shall be allowed the State's Attorney, to
be taxed in the plaintiffs costs in said suit, and exe-
cution shall be issued on said judgment, if the same
be not paid into the Treasury within twenty days
after the rendition thereof.
SEC. 7. And be it further enacted, That the certifi-
cate of the Comptroller under seal, of the amount of
tax so due as aforesaid, shall be prima facie evidence to
entitle the State to judgment for said amount, and
said penalty or damages; and any engine, car or
other property found in the possession of said com-
pany, or of any officer, agent or employee thereof,
in the service of the said company, shall be deemed
and considered as the property of said company, and
shall be liable to execution and sale for the payment
of the said judgment and costs.
SEC. 8. And be it further enacted, That the property,
real and personal, of all railroad companies which
shall duly pay into the treasury the said annual tax
on gross receipts as aforesaid, shall be exempt from
taxation for State purposes during the continuance
of this Act.
SEC. 9. And be it enacted, That this Act shall take
effect from and after the date of its passage.
Approved April 1, 1872.
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Court to
cause issues
to IIP framed.
Certificate of
Comptroller
prima facie
evidence.
Exempt from
taxation
In force.
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