Staunton vindicator and general advertiser. (Staunton, Augusta County, Va.) 1858-1860, 1858-05-08
TO the Voters Of augusta County.

'- SsSAS ~ iA0S uOseS Gv0nsSs
As it is impossible for me to be heard at
sufncicnt length at the different precincts in
the county, upon the issues between my op-
ponent. Mr.. n. G. Kinney, and myself,
take this method Of presenting to the voters
OF the county brief outline Of the matters
OF controversy. do it also for the purpose
OF vindlcating myself from the accusation Of
having preferred against Kr Kinney charg-
es which cannot subs.antiate. The issues
which ! have made with Mr.. Kinney are
very plain and simple within the compre-
henson OF any man. | charge that Mr.
Kinney has failed to comply with the law
IN the first place, as Clerk, and in the Sc
cond place as General Receiver of the Court.
These charges must be sustained or refuted
by the law and the records Of the court. BY
act OF the General Assembly, passed June
the Sd, 1852, entitled an '.Act concerning
money paid into Court, &c" it is provided
by the 1st and 18th sections as follows:
). 1T shall be the duty of the Clerks
OF the County, Corporation and Circuit
Courts to report to their respective Courts,
at the lst term thereof. after the LIST day Of
July next, statement which shall shew in
separate columns, the name of the suit, or
other proceedings in which any money has
been heretofore paid into Court, or into
bank, or other place Of deposit, or to any
person specially appointed to receive the
same under any judgment. order or decree
of such Court and which money remains
undisbursed, in whole or in part, at the
date OF such report the date Of such judg-
ment, order or decree; at the date Of such
payment; the amount 50 paid and remain
ing undisbursed; the person by whom it
was paid; the person 70 whom. or the bank
ior other depository into which the payment
was made. If such or any part thereof has
been loaned out, the date Of the order au-
thorizing the loan, the date Of the loan, the
person to whom it was made, and who then
holds it; if security has been given therefor !:
the nature of the security; and when secur-
ed by bond or other obligation the, penalty
thereof, and the names Of the principal OBJ
Igor and his suretics.'
IS s. Each clerk Of the said Courts res
pectively shall procure. at the expense Of
his county, book, to be called the Receiv-
ers Book, wherein he shall record the said
reports, approved By the Court and be shall
make an index thereto. showing the style of
the suit or pro ;eeding in which money has
been paid as aforesaid, and the page where
any report respecting the same is recorded
and the said book shall be open to the ex-
animation Of any person interested, or his
counsel, without the payment Of any fee
therefor"
The requirements Ct the above quoted
law, must strike every mind as reasonable
and just, and by a compliance with this Law
alone can the public know whether funds
paid into Court arc managed faithfully and
prudently. And Jet N;r Kinney as Clerk
Of the Circuit Court Of this County, has
failed to comply With the requirements of
this law, in every particular. may
search the records of the Court in vain for
any trace Of the reports required by the lst
section OF this law. save short statement
at the last November term. Of monies paid
to him as Receiver, sul;iecs to the order Of
the Court, since tbs July special term 1857
embracing a period Of little over three
months Nov if it was practicable 70 re-
port for those three months, why could not
Mr. Kinney make full report Ct al the
monies paid into the Court and undisbnrscd,
as it is positively commanded Of him to do
under the law, and especially Of the monies
in his own hands as general receiver for the
'25 years prior to this report? If the funds
in Court have been properly managed, what
difficulty can there be in the way OF making
reports according to Law? Mr. K. urges
his long experience and qualification as a
reason for his reelection to the oGce Of
Clerk. What weight. | ask, ia that cnti-
tied to, il he fails to discharge the duties Of
his Office ? It is rather an argument against
him "that he knew his duty but did it not. =
What credit can Mr.. K take to himself for
performing the ordinary routine duties Of
the Office, such as maturing causes at rules,
recording orders. DEGREES, &C.. when the
subject matter Of the suits-viz: the money
is mismanaged or SO managed that the
public are in blissful ignorance Of how j.
stands? The people can readily see that
this is the most important duty devolyiDg
on the Clerk.
In the 2d place: / have charged Mr..
Kinney with falling to perform his duty un-
der the law as General Receiver Of the
Court.
BY the 5th AMI 1th sections Of same law
quoted above, after speaking Of the manner
Of superintendent and powers Of General
Receiver, it is provided as. followss S s
He shall keep an accurate and particular
account of all moneys received, invested
and paid out By him, shelving the respec-
tive amounts to the credit Of each case in
the Court, and designating in the items the
judgments, order or DEGREES Of Court under
which the respective sums have been re-
ceived, invested or paid out; and on the
first day Of each Quarterly term of the
County Court, and en- the first day Of each
regular term Of the Circuit Court, lie shall
report to his Court a general statement,
showing the balances to the credit Of each
case in Court in which money has been re.
ceived by him. the manner in which it il
| invested, the amounts received. invested o.
paid out since the next preceding term o
the Court, and the whole amount then ia
, vested and suh;ect..o the future order Of ths
Court; and he shall at any time when re-
CURED BY the Court 50 to do, furnish Q
statement of the amount subjeot to the or,
der Of the Court in any case pending there
in.
5. "He shall annually give before the
Court bond, to be approved BY it, in such
penalty as the Court may direct, suf6cien
at least to cover the probable amount which