True American. [volume] (Steubenville [Ohio]) 1855-1861, 1858-05-12

received controlled, or held by him for
safe-keepihg, transfer or disbursement, or
in any other WY or manner, or for any
other purpose; OF if any persoa shall adj
wise, aid, 81 in any manner particiPateAin
such act, every such act shall be deemed
and held in law 10 be an embezzlement OF
Of 50 much Of The said moneys or other
property IS aforesaid, as shall be- thus
conyertedI used, invested, loaned deposit
ted or paid out as aforesaid; which is
hereby declared to be a high crime and
'misdemeahor, and upon prosecpliO9 Trial
by indictment and conviction thereof
before aiy court of ibis state having
competent jurisdictions, such officer or
person or persons shall be sentenced 20
imprisonment in the penitentiarys and
kept at hard labor for term Of not less
than one year nor more than twenty one
years, according 70 the magnitude of the
embezzleIent, and, also, to a fine equal
to donble ahe amount Of money Or other
property 60 embezzled as aforesaid, which
fine shall operate as a judgment at law
on all ofthe estate of the party so con
victed a1 sentenc ced, and shall be enfor
ced to eIlection by execution or other
process, tor the use only of the party or
parties whose m ney or other funds,
property bonds ,or securities assets or
effects d any kind as aforesaid, has been
SO emHs Yzled. And in all cases, such
6ne SO opSIaling as ajudgment, shall only
be releasedor entered as satisfied by the
party in interest as aforesaid. Any fail.
ure or refusal TO pay over or to produce,
the public money or any part thereof by
any officer or other person, under this
act, charged with the collection, receipt,
transfer, disbursement or safe-keeping oil
The public money or any part thereof,
whether belonging to the state, or TO any
county, or township, or organized city,
or incorporated village in this state, OF
any other public money whatever; or any
failure to account to, or to make settle.
ment with, any proper and legal authority
of the official accounts of such officer ol
person, shall be held and taken as prima
facie evidence of such embezzlement.-
And upon The trial of any such officer Of
person, for embezzling public money
under the provisions of this act, il shal
be sufficient evidence for the purpose o
showing balance against such officer Ol
person, to produce transcript from the
books of the auditor of state, or comp.
troller of the treasury, or the auditor Of
the county, or the records of the commits.
sioners of the county; and the refusal ol
any such officer or person, whether in or
out of office, to pay any draft, order or
warrant which may be drawn upon him, by
the proper officer, for any public money in
his hands--no matter in what capacity
the same may have been receives, or may
be held by him--or any refusal, by any
person or public officer named in this
act, to pay over to his successor any pnb-
lie moneys or securities promptly, on the
legal requirement of any authorized officer
Of the state or county, shall be taken on
the trial of any Indictment against such
officer or person for embezzlement, as
prima lacie evidence Of such embezzle-
ment. "t i2' '"- "t7 ".
Ses. 16I IF The treasurer OF state. or
any county treasurer, shall pay out any
public money in any other manner than
is provided in sections 10 and IL of this
act, every such treasurer upon conviction
thereof before any court having cognizance
Of the same shall forfeit and pay, for every
such offence, fine not less than twenty
nor more than five hundred dollars, at
The discretion Of the court trying the
same. -..
Sec. IL. This act shall take effect on
and after the first day of July, 1858.
'' 'a WILLIAM B. WOODS,
Speaker of the House of Representatives.
t '' MARTIN WELKER. .
President of the Senate.
April 10, 1858. ey. T9.'sta'