Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1858-05-07

cessary to the performance of the sam e, oIJt
oc the county treasury, on a warrant drawn
by the county auditor, and approved by the
certificate of said court, particularly specify
ing the duty performed. And every ceftik-
cate as herein provided, shall also contain Q
statement of the exact amount Of money so
found in and counted in the county treasury,
and the exact amount belonging to each par
'fcaEar fund, together with all property,
bonds, securities, assets and effects as afore-
said.
Sec. is. On and after the 4th day Of
tuly. 1858, all payments from the stat e trea-
sury of twenty dollars and under, and after
the 4th day Of July, 1889, ali payments Of
| fifty dollars and under, and after the 4th day
| Of Tuly, 1860, all payments of one, hundred
eo!ssr4 and under, ana AFTER tEe. ,4th day Of
July, 1861, all payments of two hundred dol
lars and Under, and after the r4lh day. of Ju-
y, 1862 all payments of three hundred dol
Iars and under, and after the 4th daf Of Ju.
ly, 1868, all paylaedts Of -four, hundred dol
lars and under, and after the 4th day of Ju-
ly, 1864, all payments of Eve ,hRHdced dol
lars and under, and after the 4th day of Ju-
! ly. 1865, all payments whatever, shall be
be made in specie. All payments made
| from the state treasury shall oe held to be
made by the treasurer Of state.
Sec. Ia. On and after The 4h' day OF Ju.
| ly, 1858, all payments out of every county
treasury of five dollars and under. aud after
the 4th day of July, 1859, all payments Of ,
ten dollars and under; after the 4th day Of
July, 1860, all payments OF twenty dollars
and under; after the 4th day of July, 1861,
all payments of thirty dollars and snder; af-
ter the 4th day Of July, 1862, all payments of
fifty dollars and under; alter the 4th day Of
July, 1868, all payments of one hu ndred dol
lars aud under; after the 4h day of July.
1864, all payments of two hundred dollars
and under; and after the 4ih day July, 1865.
all payments whatever, shall be made in
specie only. a.
Sec. rs. THAT if any officer or other
PessofIs charged with the collection, receipt.
safe keeping, transfer or disbursement 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 ownluse, or to the rse
of any other Person or persons, body eefpo-,
rate, association or party whatever, in any
way whatever, or shall use by way Of in
1vestment in any kind Of security, stock loan,
property, land or merchandise, OF 10 any
other manner or form whatever, or shall
loan, with or without interest, to any. com
pany, corporation, association, or individual,
or shelk deposit with any company, eotPtra-
tio1' or individual, any portion of the public
money, or any other funds, property, bonds,
securities, assets or effects Of any Kind, re-
ceived, controlled, or held by him for safe
keeping, trar5sfer or disbursement, or in any
other way or manner, or for any other pur--
pose; or if any person shall advise, aid. or
in any manner participate in such act, every
such act shall be deemed and held in law to
be an embezzlement Of so much Of the said
moneys or other property as aforesaid, ,as shall
sinas be converted, rsed, invested, leaned.
deposited or paid out as aforesaid; which is
hereby declared to be high crime and mis-
demeanor, and upon prosecution; trial by in
dictment and conviction thereof before any
court of this state having competent juris-
diction; such officer or person or persons
shall be sentenced to Imprisonment in the
penitentiary and kept at hard labor for g r
term not less-than one year nor more than
tweuty-one years, accofdingso the magn-f
tude of the embezzIement, ard, also. to ~
fine equal to double the ath6unt of money
or other property so embezzlet as aforesaid,
which fine shall operate as a Judgment at
law on all of the estate Of the party SO con-
'7isted end sentenced, and shall DO enforced
to collection by execution or other process.
for the use only of the party or parties whose
money or other funds. property, bonds, or
secupifiesS S.or effects of any kind as aforesaid.
has SeeTR SO embezzfed. And in all cases
such fines SO operating as a judgment, shall
only be released or entered as satisfied By
the party in interest as aforesaid. Any4ailS
ure or refusal to pay over ORTIZ produce, ti1o
public money or any part thereof by any
officer or other person, ursder 'ths act, chargr
ed with the collection, receipt, transfer, dis:
bursemeut or safe keeping of the public
money or any part thereof, whether belong
| ing TO the state, or any county, or towlship;
or organized city, or incorporated village in
this state, or any other public money what
ever; or any failure to account TO, or to make
settlement with, any proper and legal author
ity, of the official accounts of such officer
or person, shall be held and taken az primap
facie evidence of such embezzlement. And
upon the trial of any such officer or person.
for entbe7zling public money under the>pto4
vision Of this act, if shall be sufficient evil
dence for the purpose of showing balance
against such officer or person, 10 produce q
| transcript from the books Of auditor of state;
or eemptroIler Of the treasury, or the auditor
/ Of tkss ccenty , and the refusal of such OFF,
GER or person, whether in or out of Office, to
pay any draft, order or warran. which may be
drawn upon him.. by the proper officer, for.
any pubic rtorey in his hand--Ro matter i'm
what capacity the same may have been re-
ceived or may be held by him--or any ,retu-i
sal, by any person e. Ps.blic officer aamed.
in this act, to pay oVer...t 70 his saeesssor any
public 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 faeSe
evidence Of such embezzlement.
Sec. Is. 1.-THE treasurer OF state, or any
county treasurer, shall pay cut any public
money ia 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, iao
of not less than twenty nor more than five
hundred dollars, at the discretion Of court
trying the same.
Sec. H. This act shall take effect on
ard after the first day of July, 1858
WILLIAM b. WOODS,
Speaker OF the House of Representative.
MARTIN WELKER,
President Of the Senate,
April IL, 1858.
mo. 5Sl AN ACT
Supplementary to an act entitled an act
to provide for the division of town