Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-07-03

The SAID Jcrmsn Baker, as treasurer @: the
commonwealth, had a right 10 Gppiy TO the
extingushment oil any 5Giunce due by the said
Preston, rs treasurer, to the commonwealth
pflor TO tie commencement of his last term of
service, ana The date OF the bond on which the
present motion ard action was founded
" heTeupon the sad Jermda Baker Iy his eoan-
Sc. mored Tie court TO Instruct The jury, that not
wthstanding the facts proved by the saddle
PENDANTS, (supposing them fully provetN he is
entitled m law to recover of The said deien-
dGnfs the said sum of S33,092 80 tthe deficit
appearing on the treasury books as kept for
the year 1919, an manner tctore stated y and
also the amount Of the said several sums of
S4,l86 90, $4,000, SJ,43I 81, aud S5l0, here
III before mentioned and explained. But the
coh3 trOs of opinion, that the said defendants
IN this motion aud action, are only liable for
due application by the said John Preston, of
tic sum actually in the treasury, at the con,-
me"cement OF the said John Preston's iast term
OF Office, and at the date when the said defcn-
DAMS executed the bond aforesaid, as the said
Preston's sureties and of the sums re,eired
oy nm during has last tern, Of office aforesaid
and that the said Baker is not entitled TO re-
cover the said deficit of ,O69 so, of the soid
defendants in this motion and action. on The
l'SSueSJotned, on the ground that the keeping
oi the said hooks oft the treasury department,
10y the sad John Preston, during his said last
term of Office, in the manner herein before STA
ted, was an election by the said John Preston.
To hold the money so appearing by the books
| 10 DE due 10 the commonwealth, in his Official
character of treasurer for his said last term OF
office, (as contcnded by the said Bakers coun-
SELL Jit scoS an fact ttoigned from the treasur,,
during The gear 1913; unless il appeared, that
the SAID money was actually applied to public
use, or actually returned by the said Preston to
the treasury during his said last term ofoicc: and
ny nm again eloigned and withdrawn from
the treasury, and 10 his own use converted
during his last term of office aforesaid ana
The court ,caS further Of opinion. as to the
amount of the said several sums of S4433 o.
$4,000, S5,i3l 81, aud $50, that it was moi
inc right OF the said Jerman Baker to apply
Inc SAID sum of $3.50, 1917 ~, so IS aforesaid
turned over by the said Preston, on his said re-.
slgnation, TO the said Baker as his successor ia
the extingliishment of the said debt due by
The SAID Preston to the commonwealth. on
| account of the several sums so Withdrawn from,
The treasury, and applied to his own use pre-
C7ouS TO the commencement of his said last
! term OF olhce, in the manner herein before
stated and explained because the said sun,
OF s25o,l97 ~ was in fact Tie commonwealth
o'a money, and not q rnymeai OF SD much by
the sad Preston to the said Baker, his sue
cessor. Ind The court instructed tie iuru ac-
cord'ngty, and orerruied Tie said motion, fer al,
instruction 10 the jury, made By Ike said Baker's
! counsel"
The jury, on the writ OF Enquiry as TO the
defendant, John Preston, found for the plain,
TN and assessed his damage 10 one cent, AMI
found for the remaining defendants on IN,
issues joined Judgment was entered for al
the defendants; from which Judgment In,
plaintiff Appealed.
The appellants counsel will contcnd--
| fHSt.-Ihat the second plea of the defendant.
was improperly admitted.
Stcond,y.--That the copy Of the deed in ihe
record mentioned, ought TO have been
received in evidence
IHfraty.-That the defendants evidence fall
silyns the treasury books kept by the late
| treasurer, and the official reports made by
HIM, ought TO have been rejected.
fourihty.--That the manner in which those
books were proved TO have been kept
| amounted TO an admission by the late
| treasurer, that he held the whole sum
called for by the books, in his official
character, and was an election by him
TO hold the sum previously due by him,
III his official character, as treasurer for
fine year 1919 (which admission and cleo
tion were binding upon the defendants,
his suroties.
FUfhhJ-That the appellant, as successor Of
The late treasurer, had right TO apply the
money turned over by his predecessor TO
the extinguishment of the debt due from
the latter previous Ia the commencement
his last term of Office