Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1858-05-07

UUUUTHu uoIINft uhN NHfoI "tAA atAct 'tto
4th day OF July, 1899, oil payments OF
thres hundred dollars and under and aftef
tho aih day Of July, 1868, oil payments Of
four hundred dollars and under, ard after
Che 4sh day Of July, 1904, all payments Of
five hundred dollars and under, and after
the 4th day Of Jnly, 1866, all payments
whatever, shall bo made in spceio. All
payments made from the state treasury
shall DO held TO DO made by the treasurer Of
state.
Sec. IA. On and aftcr tho 4th day Of Ju-
IL, 1858 all payments out Of every county
treasury Of five dollars and under, and after
che 4th day Of July 1859, all payments OF
ton doIlors and under; after tho 4th day Of
July, 1850, all payments Of tw0nty dollars
and under; after tho 4th day Of July, 1861,
all payments Of thirty dollars and under;
aftor The 4th day Of July, 1852, all payments
Of fifty dollars and under; after tho 4th
day Of July, 1868, all payments of one hun
drcd dollars and under; after tho 4th day of
July, 1864, all payments of two hundred
dollars and under; and after the 4th day Of
July, 1865, all payments whatever, shall bc
made in specie only.
Sec. Is. That il any officer or other person
charged with the collection, receipts, safe
keeping, transfer or disbursement of the pub
lie money, or any part thereof, belonging to
tho state or TO any county, or township, or
organized city or village in this state, shall
convert TO his own use, or TO tho use of any
other person or persons, body corporate, as
sociation or party Whatever, in any way
whatever, or shall use by way of Investment
IN any kind OF security, stock, loan, property,
land or merchandise, or in and other man
ner or form whatever, or shall loan, with or
without interest, to any company, corpora
tion, association or individual, or shall de-
posit with any company, corporation or in
diyidual, any portion of tho public money,
OF any other funds, property, bonds, socuri-
Ties, assets or effects of any kind, received,
controlled, or held by him for safe keeping,
transfer or disbursement, or in any other
way or manner, or for any other purpose; or
fany person shall advise, aid, or in any
manner participate in such act, every such
act shall be doomed and held in law to be
an imbezzelment of so much of the said mon
eys or other property as aforesaid, as shall
be thus converted, used, invested, loaned
deposited or paid out as aforesaid; which is
hereby declared to be high crime and dis.
demoanor, and upon prosecution, trial by
indictment and conviction thereof before any
court of this state having competent jurls-
diction, such officer or person or persons
shall be sontonced to imprisonment in the
penitentiary, and kept at hard labor for q
term OF not less than ono year nor more
than twenty-one years, according to the
magnitude of the embezzlemont and, also
to fine equal to double tho amount OF
money or other property SO cmbezzled as
aforesaid, which fine shall operate as judg-
ment at law on all of the estate Of the party
10 convicted and sentenced, and shall be
enforced to collection by execution or other
process, for the use only of the party or par
ties whose money or other funds, property,
bonds or securities, assets or effects of any
kind rs aforesaid, has been so ombezzled.-
And in all cases, such fine SO operating as
judgment, shall only be released or entered
as satisfied by tho party in interest rs aforc-
said. Any failure or refusal to pay over
or 10 produce, the public money or any part
thereof, by any officer or other person, un-
der this act, charged with the collection, re-
ceipt, transfer, disbursement or safe keeping
of the public money or any parts thereof,
whether belonging to tho state, or to any
county, or township, or organized city, Oh
incorporated village in this state, or any
other public money whatever; or any fail
urc to account to- or to mako settlement
with, any proper and legal authority, of the
official accounts Of such officer or person
shall be held and taken as prima facie evi
dence of such embeZement. And upor
she trial of any such officer or person, fo
embezzling public money under tho proys
ions of this act, it shall bo sufficient evidenc
for the purpose of showing balance agains
such officer or person, to produce tran
script from tho books of tho auditor of state
or comptroller of the treasury, or the au
ditor of tho county, or the records of thu
commissioners of the county; and tho refu
sal Of any officer or person. whether in OIL
out of office, to pay any draft, order oil
warrant which may be drawn upon him, by
the proper officer, for any public money il
his hands-no matter in what capacity the
Same may have boon received or may bt
held by him-or any refasal, by any person
or public officer named in this act, to pa,
over to his successor any public moneys o
securities promptly, on the legal require
nent Of any authorized officer of the stat
or county, shall be taken on tho trial of an,
Indictment against such officer or person 70
embezzement, as prima facie evidence O
such embezzlemont.
Sec. 18. If the treasurer Of state or an,
county treasurer, shall pay out any publ
money in any other manner than Is provi
ded in sections 8 and IA of this ACT, every
such treasurer upon conviction thereof be
for any court having cognizanco Of tho sam'
shall forfeit and pay, for every such offence
n fiue Of notless than twenty nor more thai
five hundred dollars, at the dircretion of tn
court trying the same.
Sec. y. This act shall take effect on an,
aftcr the first day of July, 1858.
WILLIAM B. WOODS,
Speaker of the House of Representative,
MARTIN WELKER,
~ President Of tie Senas.
Anil 10 1890