Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-05-21
AN

- AN ACT,
Supplementary 10 the act prescribing the duties
OF the Auditor and Treasurer of State, relative
to the receipt, safe keeping, and disbursement
OF public moneys, and accounting therefor,
passed Aprils, 1856.
5 Section L. Be It enacted 5y- the General As
sea6ty Of he State of Ohio, That the Treasurer
shall immediately collect all moneys belonging
to the State, deposited, placed or in any manner
being the hands of any depositee, depositees,
or other person or company, not SO deposited,
placed or kept in strict conformity to the re-
quirements Of the twelfth section of the act to
which this act is supplementary; and he shall,
without delay, collect In money all drafts. bills
OF exchange, notes and other evidences of debts
now IN or belonging to the treasury, which are
payable at sight, or which shall have become
due, and also all such drafts. bills of exchange,
notes aHd other evidences of which shall hereaf-
Ter come Into the treasury, as sOcn as they shall
become due or payable, on presentment or 9TH
erwise, and shall place all moneys so collected, |
In the treasury at Columbus, or deposit the same
In safe and approved depositaries, in strict con-
formity to the requirements of the twelfth Sec
ton of the act to which this is supplementary.
Sec. 2. 1t shall be the duty of the Governor,
as often as once every three months, TO appoint
some competent and proper person, who
shall, in conjunction with the Auditor, or
some competent clerk in his office, TO be desie-
nated by him, Immediately after such appoint
ment, proceed personally and carefully to ex-
anime the. books, accounts and vouchers of the
Treasurer, and to compare the same with the
books, accounts and vouchers in the Auditors
Office, or with other proper abstracts thereof,
tcgrhIpg the receipt, disbursement, deposit and
safe keeping of the public moneys, and careful
" count all moneys Of every kind in tie trcasu-
~, and examine and lake copiSs, or full descrip-
tons, of all drafts, bills Of exchange, certif-
Gates of deposit, and other evidences of debts
due to, or moneys belonging to the treasury;
and they shall as soon thereafter as practicable,
make to the Governor a full and clear report Of
their doing under such appointment, of the ac-
tual condition of the treasury, and of the mon
eys and funds in or belonging thereto.
Sec. 8. lift shall appear from any examina-
ton made in obedience to the requirements of
the preceding section, or of the thirteenth Sec
ton Of the act to which this is supplementary,
that the moneys actually found in the treasury,
added to the certificates of deposit for moneys
actually deposited in strict conformity to the re-
q~uirements Of the twelfth section of the afore-
said act, amount TO a sum less than the sum
with which the treasurer stands charged on the
books OF the auditor, adding thereto the amount
OF the unpaid warrants drawn by the auditor on
the treasurer, the treasurer shall be assumed to
De Q oetaulter to the amount Of the deficiency,
and the governor shall Immediately inform the
attorney general thereof, who shall th~ereupon
and prosecute a suit against the treas.
urer and his ~sureties. in the name and on behalf
OF the State, for the recovery of such deficiency.
Sec. If upon trial Of any suit instituted
in conformity to the provisions of the preceding
section; it shall be found that at the time of the
examination by which the alleged deficiency
was disclosed, such deficiency to any amount
did actually exist and the treasurer shall fail
to prove that the same did not occur in conse-
quenee of any default or ~violstion Of law on his
part the attorney general shall cause criminal
proceedings to be instituted against such treas
urer, charging him with the embezzlement of the
public moneys, and if upon trial. the jury shall
find that such deficiency did actually exist and
that the same occurred in consequence of the
violation of law, the misuse of public moneys,