Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1858-06-02
foosorrprD yzor rssr PAGE

shall be kept IL safe confinement until such trial he
had. And the said juige Of said prof ate conTt shall
report the same 10 the court OF Common pleas for such
county. aud The court OF common pleas immediately on
receiving a report. IS Aforesaid. Of such deficiency.
emeezzlenent or breach Of trust, sla J forthwith issue
its mandate aad close the business Of the SAID oiice
Office Of treasurer. aud place the saii treasury uhuet
the care OF uusty master o. masters 81 sac court uhpi
the appointment and qualification q treasurer SHal
be made and perfected, and the ONCE o. treasurer Of
such county being tHerci ' vacant. The couiitS commits
sfouers AID cou.ty augitcr Of such county, with TIE
concurrence AMI approval Of she Judge OF the sara pro
bate court, such concurrence and approval 1eiuE III
writing. shall proseed foItasithi 70 appoint sorne TRASHY
and Competent person treasurer, who, when 50 appoint
ed and qualified as a county treasurer, IS required by
law to be qualified and his bonds having teen daily ap-
proved and hieI, shall be vested with all the powers
Rnd functions. aud be subject 10 AL the duties and liza
Lilities OF a duy elected and daily qualified counts
treasurer, and shGil hold his Office unit. his Successor
shah DC duly elected aai ql4Ef.l.
SEC. l.. That if at the time Of any inspection aud
examination Of the Office, receipts. books, Youchersa and
business OF any toll collector, receiver OF sales # pub
lie lands, register OF any state land Office. or any other
officer or agent Of the state. or pei son having an Office,
as provided by this act, or a: any other t. me. the inspec
tor OF such Office. OF any other person or persons shall
discover any evidence Of embezzlement or breach 0.
trust, As described i'll this act or frauds IN the business
transactions or records, books o. vouchers Of any slch
Office, such inspector or other person shall immediate
~ report the same to the governor aud 20 the auditor
OF state; aad il shall be the daty Of tue governor OF in
his absence from the scat Of government. II shall DC
the duty OF the auditor og state. If he j. satisfied Of the
truth Of the report so made. TO fortiSIth order tn ar
r-st of such COLLECTOR, ~ receiver. o. register "T oil
Ger, or agent, or person whose official ruucicuS and
PONEE5S a ANANNloA NNN1- 49, -- 0-N-
officer or agency shall thereby become absolutely Va
cant; and such collector. or Receiver. az register. or
officer. or ageat, or person, shall he held in bonds Wit:
good security in an amount at least dou'le MS official
s,onds; or if he has given no official bonds, then 10
bonds in such an amocnt, aud win saca good security
as shall be 10 me SatisiacilL1 OF the cS0rt he.oTs which
proceedings are had, 10 abide has tai o. the charges
made against him; or o. failure t. furnish sGch bvud
and security. he shall he KEPT ia safe confinement IA
Ill such trial he had. and the governor, Immediately
on such arrest. shah proceed 20 appoint SGuie caune-
tent and Trustworthy person TO fiji such office So becon,
gz-anr Hhn On AHa1rr .mafFnaa fH 81 - -rwaa HI.
and taken The proper oath Of oiice, acsOriiaE 10 the
requirements Of law, shall lie vested with all the func-
tiohs and powers, and lie subject 10 ia the duties AID
liabilities of such collector. or Receiver, or register. ..
officer, or agent, or lerson aforesaid.
SEC. -. 1t IS hereby Eiadr the duty OF the treasurer
AID aGiitsr Of state, ~coij4inily TO make out and cause
TO he Published in al least tHO papers OF general circu-
lltiOn at the seat of government a statement Of the eN
act amour; OF money existing IL ths sale treasury II
the close o. business on the last BUSINESS day Of each
and every month, particularly specL: lag in such u ,tr
ment the amour; belonging 10 each particular fund
Such statement shall he signed by the said officers. and
the expense OF such Publication shall he paid fy the
auditor of state OF OF his c~ohtnEen. fund. And if il
should At any time appear that any such ~stliem=nts
Ser- false or untrue ia regard 10 the amount OF money
then on hand ard in the STATE treasury; the said treas
urer o. state and the said auditor Of state making the
sam=, shall. without regard - lapse Of Ja:e.h BE held gail
ty of q bresci, Of trust and high N sdemea1or, and on I
trial by indictment and conviction thereof. before any
court oi comfe;eht Jarls !Iciion, sh2ll be sentenced 10y
the court before which such trial and Souvic;i0H shall I
be had, TO the same punishment aS is promised in aud
Oy this act or by laR, icT the punishment O! CEiagZzis- |
ment or breach Of trust.
SIC. II ON the first Monday OF December a~anaally.
the treasurer Of state shall make OHt and cause 10 ie /
Published over his 0Aicial signature ohce u week for
one month in two newspapers OF general circulation,
published az the seat Of government a condensed ta4a- {
Lar statement exhibiting Tue receipts ANA expenditures
of the public money during the fiscal year next pre- /
cedinE. aud in such statement he shall particularly I
specify the amo1nt of money in the state treasury at 4
she heginr ing OF said hscal year, tie ameCat received
within said fiscal year from each of the several sources /
Of revenue, carefully distinguishing the same. aud the
amount paid out under each OF the various legislative
appropriations durii z The same period, the balaacs
remaining TO the credit Ct each particular fand. and
the total amount remaining in the treasury At .he close {
of the fiscal year; aud the expense Of such publication :
shall be paid by warrant or warrants drawn by the au-
ditor of state on the treasurer Of state. pariiculsr,y
specifying the same; and the accounts OF such publica-
ton, duly authenticated AMI reGei .tsl shall Dc a.sI3y !
the auditor OF state in lis Office
SEC. Is. i is hereby made The duty OF the treasurer
and auditor Of each and every county in this state, CON
Jointly, TO make out aud ralSe to lie pablished in az !
l-a6t one newspaper OF general circulation in the eouu.
t. in and for which they are such treasurer aal snlitOr,
asta.ement OF tie exact amount Of money existing in /
the treasury OF such county at the close OF business. on /
the last business day Of each and every quarter or Of. /
tener. II the commissioners OF the county shall direct
particularly specifying in such statement the amour:
belonging TO each la. tc1!4r fund. together with all
other property, bonds. securities, claims assets AID
effects, belonging to the county, in the custody o. IN
der the control of such treasurer; such statement shall 1
be signed by said county treasurer and said coucty
auditor. And the expense OF such publication shalt be
paid out OF the county treasury. en- warrant Or warraEts
drawn by The coGhty auditor, particularly specify ing
me same; and N az Gng Tine Il sho1iS lie found that
such statement was untrue or false, in regard TO the I
amount of money and other property thea or hand and
in tie Treasury. the sail treasurer aud said auditor ma.
Hing the same shall without regard 10 lapse Of time, /
lie held to be guilty OF q breach Of trust aEd high mis- !
demeanor; and on trial, by indictment, aud conviction
Thereof, before any court OF competent jurisdiction. I
shall be sentenced by the court before which such trial
and conviction shall DE had. tn the same punishment
as is provided in and by this act or by law Tor the pEa-
sshrnent OF tn5szzlement or breach Of trust.
SEC. 10. 4 thorough and critical inspection and tx
animation shall be made as often as once in every SIX
consecutive moaths: or o:ieaec il the auditor Of stits
and comptroller Of The treasury shall Judge necessary,
OF all the receipts and business, hooks and vouchers.
of each collector Of tolls. aad each receiver and each
register of the state land Offices. and every a,tr- st,.e
officer or agent having an Office in which the business
OF The state is attended to. done or perfarraeI. or re-
Guirrd to lie attended 10, done or performed. AID for
his purpose the auditor Of state, with the concurrence
ia writing OF the comptroller Of the treasury, IS hereby
authorized and required, as often as once in every SIX
consecutive months in each year, 10 appoint some we!l
qualified and trUsisW orthy accountant or accountants
who shall, under Instructions 10 be furnished him or
them IN WrItins by me auditnf Of state, proceed. VITA
out having given any previous knowledge, notice or
iutimation Of such intended Inspection and examinz- I
ton, 10 the c1ce OF such C~oiiSctor, or receiver. or rex :
lister, or officer, or agent, and enter said Office and make
a thorough AID complete inspection ard examination !,
of the books. papers, records aud vouchers Of saii Of
fee. and ascertain whether the business and duties
thereof have been performed in good faith and with
full ability ana capacity. 10y such collector. receiver.
register, officer or agent; and if such is found to he the
same to the auditor of state in Writ
SEC. II. That any hinderance Go attempt to hin
der, or any obstruction to, or a;tempI TO obstrnct any
INSPECTION ana examination of the state treasury or
county treasury, or any office. as provided Iy this act
or by law. and aay hindraHce TO. or attempt To hinder
any one OF the inspectors provided by law. or any can. j
miitee appointed by joint resolution Of the general as
ssmhly. or anv committee aupoin.ed ~ a reSoiuti,n os d
either branch Of the general assembly, from entering
into any one of the said treasures or Uficeswhich they
are appointed and required 70 inspect, as aforesaid,
shall be deemed and held in law TO he a high misie.
anesnor- And any state treasurer. or eOunty treasurer
or officer, or agent. or person so offending. shalIIe
arrested, removed from Office by the act Of such arrest,
held to bail confined. tried sentenced and fined, in ?
the same manner. and for the same term of time, and /
In the same amount as lie would he subject to by the
act to establish the Independent Treasury Of the State
Of Ohio, or by any other Law or 10y this acI for enihez-
element or breach OF trust, as herein provided aid
described.
SEC l.. That all inspectors. other than officers =
whose official oath embraces this duty. as provided for
Icy this act or by Law. shall. before entering upon the !
discharge OF thrir duties take an cath or aGirmstion
before some oihcer lualihed TO administer such cath or l
affirmation. that he will faithfully and inflsrtiaIlv,
without fear. favor or prejudice. maze a tue. thorough Il
And critical inspection OF the oIlce or Clices mention
ing them to The inspection of which he has been SD G
pointed And a wiiful failure s. to inspect any sach >
fit e. shall subject such inspector TO all he pains aEd ,
penalties of perjury Il
SEC. 10. That each inspector herein provided or +
provided by law shall have power, when in the ,xacI-
tion OF his duties as such inspector. to Take the test = &
InoHy of any state treasurer. or county treasurer. or
officer, or any other person or persons he may II ink s
p--2er, IN regard 10 any thing or matter connect d b
with any such treasury or office. as he il required TO
Inspect. And fer that purpose any sach Inspector is q
hereby vested with fuii poNer To administer an oath. r
or oaths, or Affirmation to ang sueh treasurer, Olieer or .
person. at the time Of any such inspection And all
sarh trcAsnreTs, officers or persons, shall answer in
writing and over their proper signstures. all questions
lrOpounded ty such inspec.o-; and such oath or affirm :
alton so taSea snail have all the validity, and subject =
the party taxing the same 20 all the pains arr penalties
AFtichcd to az oa.h CT affirmation auiy admin stored to
a witness, in any calse, IL any court OF justice in this
state.
SIC. 90. That It IS hereby made the especial duty Of
tie attorney general, to prosecute to conviction either
on OF by indictment, and without delay. al violations
81 this act, OF Tie act TO establish the Independent
Treasury OF the State Of Ohio. committed. done, or suC
fered, or performed, by any state officer. or by anyp-
son acting by or under the authority Of the state. or bv
or under the authority of any officer or agent thereof.
And il is hereby made the speciai DUTY of each and
ivory prosecuting attorney. in each and every county :
j this s. tte 20 prosecute TO conviction eli her on infor-
nation or by Indictment. AS the case may admit. and !
without delay. ali F;olIt on Of this act. or the act 10
establish the Independent Treasury Of the State Of
ohio. Committed. done, Suffered or performed hy he !
treasurer Of the caunty. or the tr asurer Of ANY town q
shin IN the county. or any other individual or person a
within the county OF, Ia, or f.. aL.ch he IS -aca Prose
eating attorney.
Ser. 81. The treasurer Of state shah. pTe-ious 10 IN
ierins upon the duties o;his OEic+. give bo-d wrh twelve
ar more securities for the Acceptance o. the governor. in
tue sum Of three bundled ihoE,aud dOll=rs, p,vaile 10 ,
fhe ssaie OF Ohio. an coaiitisn.i for the faiIh.al net-
Torrance of the iutie> of his q See a. prescribed bv
law and As shallie provided by law thereafter; AMI the
said bond with tie oath Of Office plainly written on.
thereon. and sub>cnh-i hv iae ifessurer /, snail be de-