Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-10-09
To the Editor of The Belmont Chronicle:

~~tsS'
Ir the "Receipts and Expenditures of
Belmont County" as published in the In
dependent Republican, of last week, there
is statement which reads; of "unclai ned
cost and ury fees the account stands as fol-
lows, as reported BY the County Attorney
due from g. various persons named,--
among Others st. Clair Kel!y-S262.lO"
Iwish to correct the erroneous impress
sion intended to be made by that publica-
tion. 1t is not expressly said that the sum
named is now due from me to the COUNTY, but
that is what is meant.
In order that the subject may be fully un-
Gerstood, will state precisely the situation
in which it stands. By Statute-Swan's 5
Statutes page 425, last clause of Sec. sh-
the Clerk of The Court is made "receiver of
ali moneys payable into his efice," and is
required to pay over the same to the per-
sons entitled thereto, on request"
In March 1851 was appointed Clerk of
the Court Of Common Pleas, for the period
of seven years, but the term was closed by
the New Constitution of the State on the
second Monday OF February 1852; SO that
was Clerk less than one year. | Call at
tention to this fact-its materially will be
seen before get through. During the time
| was in the office | received the moneys
made payable there-moneys due parties to
suits, witnesses, clerks, sheriffs &c, and
paid them out to the persons to whom due
whenever requested. Some of these fees
J ct remain in my hands uncalled for, to what
amount the books of the office will show. 1t
is not claimed, that I ave heard, that any
part of these fees originally belonged to the
county. They are due individuals and not
the county Under certain circumstances
they are 10 be paid into the County Treasury,
there to remain subject to the claim of the
persons to whom due. What are these cir.
| cumstances, and when are the unclaimed
COSTS to be paid into the Treasury! By
Statute-Swan's page 425 Sec. Tit is
provided that on the hrs; Monday of each
year, the Clerk shall make out two lists of
costs which may have remained in his hands
or the hands OF any former Clerk, designat-
ing him, iur The period OF one year next pre-
ceding that day; one of these lists is to set
up by the Clerk in his Office and the other
on the door of the Court House on the frs:
day OF the next term. The money must re-
main one year in the hands of the Clerk BE-
fore ii is advertised. In February 1852
when went out of Office l had no money
which had remained in my hands for on
year, for had been in the Office less than
that time. The fees remaining in my hand.
were not subject 10 advertisement until Jan
uary 1854 time when | was not Clerk
and when it was not my duty to attend to
their advertisement. The advertisement,
has not yet been made: the subsequent
Clerks believing, suppose, they were moi
required to look after tees in the hand. o
their predecessors.
The Statute further provides-Sec. "a
same page-that--"All Ill such advertised fees
or costs, as shall remain in the hands of the
Clerk, or former Clerk, at the expiration o
one year from the" time of the advertise
ment shall be by the Clerk paid to the Ire
asurer, subject in the Treasury to orders in
favor of the persons entitled thereto. The
} unclaimed costs, it will be seen, are 20 re
J main one year a fler the advertisement in the
! hands of the Clerk. The ices in my hand,
have not yet been advertised, and it wss no
= my duty TO advertise, how then can the,
= be due the county! Does the right of tn,
, county attach until one year after advertise
ment! If paid the county sooner, am re
leased from the claims Of persons to WHOM
they are due! These are questions, to sa
the least OF ;hem, upon which l might rea
sonably doubt and hesitate to pay, if de
mard of payment were made by the county
But do not desire to set up this defenc
II against the present payment OF unclaime
e costs actually in my hands, if the count
G Commissioners desire payment into tn
Is Treasury, and il it is decided to be safe I
e do SO before advertising. But do they 6
IS desire! have never received an intimatio
,s Irom them to that effect. have never bee
y called upon oy them to settle. | do NJ
g know but that they wish the advertisemel
g first made. have had these costs reac
ID and have been willing, at all times, to p;
70 to whoever had the right to receive; and a
Is 1 to be called fraudulent defaulter! u
derstand this charge to be made again
e. myself in common with the Ex- Sheriffs al
Clerks named in that list. As to those pc
ic sons, believe, if the Commissioners
given them notice that they were requir
to settle their accounts, it would have be