The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1857-05-28
March 80, 1851.
No. GIL
AN ACT

| No. GIL AN ACT
Supplementary to the act prescribing the du-
| ties of the Auditor and Treasurer of State rela
tive to the receipt, satekeeping, and dsburse-
ment of public moneys aud accounting there
| for, passed Apiil s, 1856,
| SEC, |, Be it enacted by the General Assembly
Of the State Of Ohio. That the Treasurer shall
Immediately collect all moneys belong 10 the state,
deposited, placed, or in any manner being in the
hands of any depositee, depostees, or other per-
son company. not so deposited placed or kept
in strict conformity to the requirements OF the
twelfth section Of the act to which this act is sup
Elementary; and he shall, without delay, collect
in money all drafts, bills of exchange, notes and
other evidences of debt new in or belonging to
the treasury which are payable at sight, or which
shall have become due. and also ali such drafts.
bill sof exchange, notes and other evidences oil
debt whch shall hereafter come into the treasury
as soon as they shall become due ,un pre-
sentiment or otherwise, aud shall place all mon
eys SO collected, in the treasury at Columbus, or
deposit the same in safe aud approved deposita
res in strict conformity to the requirements OF the
twelfth section of the act to which this is supple
mentary.
| Sec. . 1t shall be the duty Of the Governor, as
| often as once in every three months, to appoint
some competent and proper person, who shall in
conjunction with the Auditor, or some compe ent
clerk in his office. to be designated by him, lmme-
diaLely after such appointment, proceed personally
| and carefully to examine the books, accounts and
vouchers of the Treasurer, and TO compare the same
with the hooks, accounts and vouchers III the Audi
tors office, or with proper abstracts thereof touch
ing the receipt disbu stment deposit and safe keep
! ing of the nnblic moneys and carefully count all
| moneys Of every kind in the treasury, and to ex.
anime and take copies or full descriptions OF all
drafts bills of exchange, certificates OF deposit,
and other svidence 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 doings under such
appointment, of the actual condition of the treas
ury, and OF the moneys aud funds in or belonging
| thereto.
| Sec. 3. II it shall appear from any evamina
| tion made in obedente to the requirements OF
the preceding section or OF the Thirteenth sec
tion of the act 10 which this act is supple
! mentary, that the moneys actually found IN
the treasury, added to the certificates OF deposit
for moneys actually deposited in strict conformity
to the requirements of the twelfth section oil Vhe
| aforesaid act, amount to a sutn less than the sum
| with which the treasurer stands charged on the
books OF the auditor, adding thereto the amount
| of the unIaid warrants drawn by The auditor on
the treasurer the treasurer shall be assumed to be
| a defaulter to the amount of the deficiency, and
the governor shall Immediately inform the attor
ney general thereof, who shall thereuPon com
mence aud prosecute suit against the treasurer
and his sureties in the name and on behalf oi the
state for the recovery OF such deficiency
Sec 4. Ifupon trial OF any suit INSTITUTED in con
formty to the provisions of the preceding secuon
il shall be found at the time OF the examination by
which the alleged deficiency was disclosed, such
deficiency to any amount did actually exist aud
the treasurer shall fail to prove that the same did
not occur in consequence of any default or viola
ton of law on his part. the attorney general shal
cause criminal proceedings to be Instituted aagains
such treasurer. charging him with the embezzle
ment of the public moneys, and II upon trial
the Jury shall find that such deficiency did actual
lv eSist. and the sar c occurred in consequence o
he violation of law. the misuse of public moneys
or other drelection of official duty by such treas
ursr, he shall be sijudged guilty OF the emoeS
element of public money, TO the amount OF IN
de6ciepcy so found, and shall be punished as PIE
scribed in the first section Of an act to punish th