The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1858-05-20

ot"'o vi 'ho uuutoI Vi bthteJ az Jne case may be,
on the order OF the auditor of state, counter.
signed by the comptroller Of the treasury, new
notes for circulation equal to the amount so de.
livered up and burned.
Sec. l0. That if at the time of any inspection
and examination Of the state treasury, as pro-
vided by the act to establish the independent
treasury of the state of Ohio is by this act or
by law, or at any other time, tn ere should be
any deficiency of money or of other funds or
| property in the treasury; or il there should at
any time be an act Of breach of trust or embez.
element, as described in the aforesaid act, or IN
this act or by law, committed by the treasurer
Of state, such fact shall be Immediately report
ed to the governor by any one or all of the mem.
bers of the board Of inspection as herein pro.
vlded, or by any other person or persons, and
the governor on receiving such report shall.
with the concurrence Of the auditor of state and
comptroller OF the treasury, ifthey find the facts
so reported to them to be true, forthwith order
! the arrest of the state treasurer whose official
powers and functions shall thereupon cease and
determine, and the office of the treasurer shall
by such act of arrest be abso.u tely vacant, and
he shall no longer be treasurer and shall be held
in bonds with good security in an amount at
least equal to his official bonds, to abide his tri
al on the charge made against him. or on failure
to furnish such bonds and security, shall be
kept in safe confinement until such trial be
had And the Cover nor Immediately on such
arrest of the treasurer shall proceed to appoint
treasurer, who, on having given such bond
aid security as state treasurer is req aired
to give by this act; and having taken in due
form the required oath of office, aud the same
being duly fled and recorded, as By this act
required, shall be vested with all the powers and
functions, and be subject to all the liabili ties
and duties Of treasurer of state in like manner
as is provided in aud by this act.
Sec. IL. That if at the time of any nspec
ton and examination Of any county treasury of
any county in this state as provided by the act
to establish the independent treasury of the
state of Ohio, or by this act or by law or at any
other time there should be any deficiency of
money Or other funds or property, bonds, secu
rites, assets or effects in any such county trea
sury; or if at any time there should be an act
of breach Of trust or embezzlemGnt as described
in the aforesaid act or this act, or any law, com
mitted by the treasurer of any such county,
such fact shall be forthwith reported to the pro.
bate court of such county by any one or all of
the members of the board Of inspection therein
provided for such county inspection; or by anr
| other person or persons. And the Judge of tho
probate court of such county to whom such ro.
port is made shall forthwith, If satisfied of tbe
truth Of the report 80 made, issue his wril mr.
warrant, and cause the arrest Of such treasurer
whose official powers and functions thereu non
cease and determine, and he shall 10 Longer bo
treasurer; and hold him il penal bonds with
good security to appear before the court of com.
mon pleas of such county, in an amount at least
equal to his official bonds to abide his trial on
the charges made against him, or on failure
10 furnish such bonds and security, shall ne
kept in safe confinement until such trial
be had Aud the said Judge of said probate
court shall report the samA 10 the court Of
common pleas for such county, and the court
Of common pleas immediately on receiving A
report, as aforesaid, Of such deficiency, EN-.
bezzlement or br,ach of trust, shall forthwith
issle its mandate, and close .he business of
the said office of treasurer, and place the said
treasury under the cara Of trnsty master or mas.
ters of said court until the appointment and
qualification Of a treasurer shall be made and
perfected, and the office of treasurer of sucb
county being thereby vacant, the county 90 n d.
misione:s and county auditor of such county.
with the concurrence and approval of the indge
of the said probate court, such concurrence and
approval being in writing shall proceed forth.
with 10 appoint some trusty and competent per ..
son ira urer, who, when SO appointed aud quail.
fled asa county treasurer, is required by law to
be qualified and his bonds having been duy an.
proved aud filed shall be vested with ali the
powers and functions, and be subject to all the
duties and liabilities Of duly elected and duly
qualified county treasurer, and shall hold his
Office until his successor shall be duly elected
and qualified.
|
Sec. l2, That il at the time of any iuspee,
ton and examination Of the office. receipts.
books. vouchers and business of any toll coiec-
tor, receiver Of sales OF public lands. regi, ter
Of any state land office, or any other officer or
agent Of the state, or person having an Office, 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 embez
element or breach Of trust as described in this
act, or fraud in The business transactions or re.
cords, books or vouchers OF any such Office,
such inspector or other person shall immediate.
ly report the same to the governor aud to the
auditor of state; aud itsha be the duty OF the
governor, or III his absence from the seat of 60
vernment, II 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 of such
collector, or receiver, or register. or officer, or
agent, or person whose official functi3ns aud
powers shall thereupon cease and determine, and
such Office or agency shall thereby become ab
solutely vacanti aud such collector; or receiver,
or reg ster or olhcer, or agent, or person, shall
be heldin bonds W ith good security in an amount
at least double his official bonds; or if he has
given no official bonds, then in bonds In such an
amount, and with such good security as shall be
TO he satisfaction of the court before which pro-
Ian In Ia hta Ir;n al IL ak.
ges made against him; on failure to furnish such
bond and security, he shall be KEEP: IN safe con
fnement until such trial be had And the gov.
ernor, Immediately on such arrest shall pro
coed 10 appoint some competent and trustwor'
thy person to fill such office so become vacant
who, on being qualified by having given bond.
and taken the proper oath Of office according Il
the requirements OF law, shall be vested with al
the functions an powers, aud be subject to al
the duties aud liabilities OF such collector, Of
receiver, or register, or officer or agent, or per
son aforesaid.
See 10. II is hereby made the duty of N,
treasurer and auditor Of state conjointly to max,
out and cause to be published In at least two pa
pers Of general circulation at the seat OF govern
ment statement Of the exact amount Of none,
existing in the state treasury at the close Of bu
, slness on the last business day of each aud eve
ny month. particularly specifying in such state
, ment the amount belonging to each particua
{ fund. Such statement shall be signed by th,
said officers, and tho expense Of such pubica
ton shall be paid by the auditor Of state out o
his contingent fund.- and II il should at any tim,
i. appear that any such statements we're false o
A untrue in regard to the amount Of money theI
on hand and in the state treasury; the said trea