American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1858-05-13

OF property in the treasury; or il there should
al any time be an act Of breach OF trust OF en-
bezzlement as described in the aforesaid act,
or in this act OF by law, committed by the
treasurer OF state, such fact shall be immedi-
ately reported 10 the governor by any one OF
all ofthe members Of the board Of inspection
as herein provided, or by any other person or
persons, auc the governor on receiving such re
port sha u, with he concurrence, OF the audit
OF oi state and eomptrolierof The treasury, -h
they find the facts so reported to themio be
true, forthwith order the arrest 81 the state
treasurer whose of6cial powers and functions
shall thereupon cease and determine and the
Office Of treasurer shall by such actof arrest
be absolutely vacant, AMI he shall no longer
be treasurer end shall be held IN bonds with
good security in an amount at leastequal 10 his
official bOndp, n abide his trial on the charges
nude against him; or on failuTe to furnish
such bonds and security, shall be kept in safe
confinement until such iual be had. And the
governor Immediately on such arrest of the.
treasurer shall proceed to appoint treasurer,
WHO, on having given such bond and security
as 2 state treasurer is r quiIed TO give BY This
act; aud having taken IN due fotm the required
oa III OF Office, and the same being duly filed
and recorded, ss by This act required, shall be
vested with ell the powers and functions, and
be subject TO all The Liabilities, and duties Of
treasurer OF state in like manner es is proyi-
ded-in and BY this act. 'cI aHt ,ots' .ia1
Sec II. That il at the time of any inspece
tion and examination Of any county tTtasury
OF any county in this state as provided by the
act to establish the independent treasury Of
the state Of Ohio, by This act or bylaw, or
al any other time, there should be any de.
fielency oi money or her funds or property,
bonds, securities, assets or Effects, in any such
county treasury. or II at any time there should
be an act OF tTeach Of trust or tmbezzlement
as described in the aforesaid act or this act or
any law, committed by the treasurer Of any
such county, such fact shall be forthwith re-
ported 10 the probate court OF such county by
any one OF all Of the membefs Of The board or
inspection therein provided for such county
inspection, or by any other person or per
sons, And The Judge OF the probate court Of
such county TO whom such report is made
shall forthwith, ifSStished OF the truth Of the
report SO made, issue lis writ or warrant,
and cause the arrest Of such treasurer, whose
Official powers and functions iheFeupon Cease
and determine, and he shall no longer be
treasurer; and hold him in penal bonds with
good security to appear before the court Of
common pleas Of such county, in an amount
At least equal 10 bis otheial bonds, TO abide
bis rial on the charges made against him, or
on failure TO furnish such bonds and Security,
shall be kept in safe confinement until Snch
trial be had, And the SAID Judge Of said pro.
bate court shall report the same to the court
OF comlroD pleas for such county, and the
court OF common pleas INN ediately on re
ceiving report, as aioTessid. Of such deicien.
cy. embeEzlenent or breach OF trust, shall
forthwith issue lie mandate, and close The Sus
ness Of the said Office OF treasurer, aud place
the sald treasury under the care of tTusty
Vtn0 . rxaau uenN.. Of
poniment and qualification Of treasurer
shall be made nnd perfected, and the Office
OF ireasurer Of such county being Thereby va
cant, The county commissioners end county
auditor OF such county, with the concurrence
AMI approval OF the judge Of the said probate
court, such concurrence and approval beng
IN Whiting, shall prOceed foTiewil 10 appoint
some rusty aud competent person treasurer,
who, when so appointed and qualified as a
county treasurer, is required by law to be aual.
fled and his bonds having been duly approved
and filed, shall be vested with all the powers
and functions, and be subject TO eli The duties
aud liabilities OF duly elected and duly DUAL
ihed county trearurer, and shall mold his Office
nntil his successor shall be duly elected and
qualified. Aaf ilH sfs I7sl
Sec. IL, That II nt the time OF any inspec
lionand examination OF the Office, receipts,
books, vouchers and business Of any toll col
ieotor. receiver OF sales OF public lands, regis
ter Of any state land Office, or any other officer
or aRent the state, or person having an Of.
fee, as provided by this act, or at any other
time, the inspector Of such Office, or any other
person or persons shall discover any evidence
OF embezslement or breach Of trust, as 1escr
bed IN this act, or fraud IN the business trans.
actions or records. bucks or vouchers Of any
such othce, such inspector or other person shall
immediately report The same to the governor
and 10 the auditor Of state; and 1t shall be
the duty OF the governor or In his absence
from the seat OF government, il shall be the
duty Of the auditor OF state, if he is satisfied
OF the truth OF the report so made, TO forthwith
order the arrest Oi such collector, or receiver,
or register, orr officer, or agent or pc son whose
ofhcial functions and powers shall thereupon
cease and determine, and such officer or agen
cy shall thereby become absolutely vacant; and
such collector or receiver, or register, or officer
or agent, or pe;son, shall be held In bonds
with gUOd security im an amount at least dou
Bile hls Official bonds; or If he has given no Of.
hciai bOnds, then in bonds IN such an amount
aud with such good security as shall be 10 The
satisfaction OF the court before which proceed
ings are had, to abide his tnal on the charges
made against himj or on failure to furnish such
bond and security, no shall be kept In safe
confinement until such trial be tad. And the
governor, Immediately on such arrest shall
ploceed 10 appoint some competent and trust
worthy person to fill such Office so become va
cant, who, on being qualified by having given
bonds aud taken the proper oath Of Office, &C.
eording TO the requirements Of law, shall be
vested with oil the functions and powers, and
be subject TO ALI the duties aud liabilities Of
snch collector, or receiver, OF register, or of.
hcef or agent, or person aforesaid. ssei N
Sec. 3. II is hereby made the duty Of the
treasurer and auditor Of state, conformity To
make out and cause to be published in al
least two papers OF general circulation at the
seat OF government a statement ofthe exact
amount Of money existing in the state tTeasu.
ny at The close OF business on the last business
day OF each and every month, particularly
Bpeciiyng In such stateme mt the amount be
longing 10 each particular fund. Such state
ment shall be signed by The said officers, and
the expenses OF such publication shall be paid
by the auditor OF state out Of his contingent
iund. And 1t should at any time appear
that any such statements were false or untrue
10 regard TO lhe amount Of money then on
hand iad IN the stale treasury The said treas.
uTeF III state and the said auditor OF state ma.
king the same, shall. without regard TO lapse
OF time, be held guilty OF breach OF trust ana
high mSdemeanor, and on trial by indiclme nj
and conviction thereof before any court of
competent jurisdiction, shall be sentenced by
the court before which such trial and conyic
tion shall be had, 10 the ssme punishment as
isprov'ded In and by this act or by law, for the
punishment Of embeszlement OF breach OF
trust, a assnsr, rol e.IIs-4-7
Sec. "a. On the FIRST Monday OF December
annually the treasurer ol slate shall make out
and cause TO b. published over his Official sig.
nature once week for one month in two
newspapers OF general circulation, published
o. the seat Of government. condensed ,abu.
IaF slal. meni exhibiting the receipts and ex.