Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1858-04-29

! tc: the 18th day Of July; lS64, all pay
! merits Of two hundred dollars and un :
der; and cftc7 The 4th day of July, 1865,
| ali payments whatever, shall be made in
specie only. .-..t
Sec 10. That if any officer or other
person charged with the collection, re-
ceipt, So &c keeping, transfer or disburse-
rent Of the public money, or any part
thereof, belonging to the state, or to any
county, or township, or organized city
or village in this state, shall convert to
his own use, or to the use of any other
person or persons, body corporate, as
sociation or party whatever, in any way
whatever, or shall use by way of invest
ment IN any kind of security, stock,
loan, property, land or merchandise, or
| in any other manner or form whatever,
or shall loan, with or without interest,
to any company, corporation, association
or individual, or shall deposit with any
company, corporation or individual, any
portion Of the public money, or any 9th
er funds, property, bonds, securities, as
sets or effects of any kind, received,
controlled, or held by him for safe keep
ing, transfer or disbursement, or in any
other way or manner, OF for any other
purpose, or if any person shall advise,
aid, or in any manner participate in any
such act, every such act shall be deem
ed and held in law to be an embczzle-
ment of SO much of the said moneys 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 misdemeanor, and upon prosecu-
ton, trial By indictment and conviction
thereof before any court having compe-
tent jurisdiction. such officer or person
or persons shall be sentenced to impris-
onment in the penitentiary, and kept at
hard labar for term of not less than
one year nor more than twenty one
years, according to the magnitude of the
em mbezzlement, and, also, to fine equal
to double the amount of money or 9TH
er property so embczzled as aforesaid,
which fine shall operate as a-judgment
at law on all Of the estate of the party
so convicted and sentenced, and shall be
enforced to collection by execution or
other process, for the use only of tho
party or parties whose money or other
funds, property, bonds or securities, as
sets or effects OF any kind as aforesaid,
/ has been so embezzied. And in all ca
scs, such fine so operating as Judgment
shall only be released or entered as sat
istied by the party in interest as afore-
said. Any failure or refusal to pay over
or to produce, the public money or any
part thereof. by any officer or other per-
son, under this act, charged with the col
lection, receipt, transfer, disbursement
or safe keeping of the public money or
any part thereof, whether belonging to
! the state, or to any county, or township,
or organized city. or incorporated viii
money whatever; or any failure to ac
| count to, or to make settlement with,
any proper and legal authority, Of the
official accounts of such officer or person
shall be taken and held as prima facia
evidence of such emhezzlement. And
upon the trial of any such officer or per-
son. for embezzling public money under
the provisions of this act, it shall be suf
fcient evidence for the purpose of show
ing 4 balance against such officer or
person, to produce transcript from the
books of the auditor of state, OF comp
troller of the treasury, or the auditor Of
the county, or the records of the COM
missioners of the county; and the refu-
sal Of any such officer or person, wheth
er 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 received or may be held by him
or any refusal, by any person or pubic
officer named in this act, to pay over to
his successor any public moneys, or Sc
curities promptly, on the legal require
ment of any authorized officer of the
state or county. shall be taken on the
trial of any Indictment against such of
fcer or person for embczzlement, as pri-
ina facia evidence Of such embezzle-
ment.
Sec 16. IF the treasurer of state or
any county treasurer, shall pay out any
public money in any other manner than
is provided in sections 13 and II of this
act, every suth treasurer, upon convic-
ton thereof before any court having
cognizance of the same shall forfeit and
pay, for every such offence, fine of not
less than twenty nor more than five hun
dred dollars, at the discretion of the
court trying the same.
Sec IL. This act shall take effect on
aud after the first day of July, 1858.