The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1858-06-02


of the auditor of state countersigned by the
comptroller, shall deliver to the said bank an
account of her securities so deposited and trans
ierred, equal to the notes burned. Whenever
any such bank as aforesaid shall be desirous
of delivering up any worn out, dciaced or mu-
ilatcd notes to the treasurer of state or auditor
Of state, to be exchanged for new circulation,
the notes so delivered up shall be first register
ed and burned as hereinbefore provided; and al
ter such registry and destruction Of such notes
the said banks shall be entitled to receive from
the treasurer of state or the auditor OF state, as
tho case may be, on the order Of the auditor of
state, countersigned by the comptroller of the
treasury, new notes for circulation equal to the
amount so delivered up and burned.
Sec. 10. That il at the time Of any inspection
and examination of the state treasury as pro-
vlded by the act to establish the independent
treasury of the state of Ohio, is by this act or
by law, or at any other time, there should be
any deficiency ofmoney or of other funds, or
property in the treasury; or if there should at
any time be an act of breach Of trust or embez-
element as described in the aforesaid act, or in
this act or by law, committed by the treasurer
of state, such fact shall be Immediately reported
to the governor by any one OR all of the mem
bers OF the board Of inspection as herein provi
ded, Or by any other person or persons,
and the governor on receiving such such report
shall, with the concurrence of the auditor of
state and comptroller Of the treasury, if they
find the facts so reported to them to be true
forthwith order the arrest of the state treasurer
whose official power and functions shall there
upon cease and determine, and the office of
treasurer shall by such act ofarrest be absolute
ly vacant, and he shall no longer be treasurer
and shall be held in bonds with good security
in an amount at least equal to his official bonds
to abide his trial on the charges made against
him; or on failure to furnish such bonds and Sc
curity, shall be kept in safe confinement until
such trial be had. And the governor immediate
y on such arrest of the treasurer shall proceed
to appoint treasurer, who on having given
such bond and security as state treasurer is
required to give by this act; and having taken
in due form the required oath OF office and the
same being duly filed and recorded as by this
act required, shall be vested with all the power
and functions, and be subject to all the liabilis
tiles and duties oftreaSuler of state in like man
ner as is provided in and by this act.
Sec. II. That if at the time Of any inspection
and examination of any county treasurer OF any
county for this state as provided by the act to
establish the independent treasury of the state
ofOhio, or by this act or by the law Of any 9th
er time, there should be any deficiency of mon
ey or other funds or property, bonds, securities,
assets or effects, in any Such county treasury, or
if at any time there should be an act of breach
of trust or embezzlement as described in the a.
foresaid act or this act, or any law, committed
by the treasurer Of any such county; such fact
shall be forthwith reported to the probate court
of such county by any one or all OF the members
of the board of inspection therein provided for
eseh county inspection, or by any other person
or persons And the judge of the probate court
Of such county to whom such report is made
shall forthwith, if satisfied of the truth report so
made, issue his writ or warrant, and cause the
arrest Of such treasurer, whose official powers
and functions thereupon cease and determine,
and he shall no longer be treasurer; and hold
him penal bonds with good security to appear
before the court OF common pleas Of such coun-
| ty, in an amount at least equal to his official
bonds, to abide his trial on the charges made
against him, or on failure to furnish such bonds
and security, shall be kept in safe confinement
until such trial be had. And the said Judge OF
said probate court shall report the same to the
court of common pleas for such county, and the
court Of common pleas Immediately on rcco-
wing a report, as aforesaid, of such deficiency,
cmbezzcment or breach of trust, shall forthwith
issue its mandate, and close the business Of the
said office of treasurer and place the said treas
ury under the care of trusty master or masters
of said court until the appointment and quail.
fication Of u treasurer shall be made and perec-
ted, and the office of treasurer of such county
beng thereby vacant, the county commission
ers and county auditor of such county with the
concurrence and approval of the judge of said
| In ppurt. cI,rh coppurIpnnn and al
being in writing shall proceed forthwith to ap-
point some trusty and competent person treasu-
rer, who, when so appointed and qualified as a
county treasurer, is required by law to be quail
ilied and his bonds having been duly approved
and filed, shall be vested with all the powers
and functions and be subject TO all the duties
and liabilities of county treasurer, and shall
hold his office until his successor shall be duly
elected and qualified.
! Sec l2. That if at the time Of any inspec-
ton and examination of the office, receipts,
books, vouchers and business of any toll colec-
tor, receiver fsales of public lands, register Of
any state land office, or any other officer or
agent of the state, or person having an office, as
provided by this act, or at any other, time, the
inspector of such office, or any other person OF
persons shall discover any evidence of embeZ-
element or breach of trust, as described in this
act, or faud in the business transactions OF
records, books or voucl ers OF any such office
such inspector or other person shall immediate
ly report the same to the governor and to the
auditor Of state and it shall be the duty of the
governor or in his absence from the seat ofgov
eminent, it shall be the duty of the auditor o
state, if he is satisfied of the truth ofthe repor
so made to forthwith order the arrest of such
collector, or receiver, or register or officer, OF
agent, or person whose official functions ant
powers shall thereupon cease and determine
and such office or agency shall thereby become
absolutely vacant and such collector, or recei
ver or register, or officer, or agent, or persor
shall be held III bonds with good security in ar
amount at least double his official bonds; or j
he has given no official bonds, then in bonds il
such an amount, and with such good security al
Shall be to the satisfaction of the court before
which proceedings are had, to abide his trial OF
the charges made against him; or on failure tt
/ furnish such bond and security, he shall be KEEP
in safe confinement until such trial be had
And the governor immediately on such arrest
shall proceed to appoint some competent ant
trustworthy person to fill such office, so bccom,
vacant, who on being qualified by having gveI
bonds and taken the proper oath of Office, ac
cording to the requirements of law, shall bt
vested with all the functions and powers ane
be subject to all the duties and liabilities Of sucl
collector, or receiver or register, or officer ol
agent or person aforesaid. ts.3satf
Sec. 13. It's hereby made the duty of tht
4 treasurer and auditor of state, conformity, L
make out and cause to be published in at leas
two papers Of general circulation at the seat o
government a statement Of the exact amount o
money existing in the state treasury at the clost
4 Of fbusness on the last business day Of each ant
every month, particularly specifying in sncl
statement the amount belonging to each par
ticuIar fund. Such statement shall be signes
by the said officers and the expenses Of sucl