The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1858-06-17
WHOLE NUMBER 531

shall be found the full sum 10 money 70.
quired BY the accounts Of the auditor. and
the accounts and books, and legal vouchers
OF the treasurer together with ali other
property, bonds, securities, claims, assets
and effects, which should be Ia the custody
and possession Of the treasurer, the said in.
spector shall certify the ssme in writing, Ia
tripiicate, one copy Of which certificate
shall be recorded in the books Of the treas-
ury, and filed by the treasurer In bis Office,
and one copy shall be fled and recorded BY
the auditor of the county, end one other
copy thereof shall be duly reported to the
said probate court. and be entered of record
therein. And the sccountantso appointed,
on performing. the duties herein required,
shall be paid at the rate Of three dollars per
day for the time necessary to the perform.
ance cf the same. out of the county treas.
ury, on q; warrant drawn by the county aH.
ditor, and approved by the certificate ofsaid
court, particularly specifying the duty per.
formed. And every certificate, as herein
provided, shall also contain q statement Of
the exact amount Of money so foundin and
counted in the county. treasury, and the ex.
act amount belonging to each particular
fund, together with ell property. bonds, Sc.
curities, assets and effects as aforesaid.
SEC. Is. On and after the 4th day 'of
July, 1858, all payments from the state
treasury of twenty dollars and under, and
after the 4th Of July, 1859, all payments of
fifty dollars and under, and after the 4th day
Of July, 1860, all payments of one hundred
dollars and under, and after the 4th day of
July, 1861, all payments of two hundred
dollars and under, aud after the 4th day or
July, 1869, all payments of three hundred
dollars and under, and after the 4th day of
July, 1863, all payments Of four hundred
dollars and under. and after, tbs 9TH day Of
July, 1864, all payments. of FIVE hundred
dollars and Under, and after the 9TH day Of
July, 1865, all payments whatever shull be
made ip specie Al! payments made from
| the state treasury shall be held to be made
by the treasurer of state. .
SEC. IA. On and after the 9TH day Of
July, 1858, all payments out of every coun.
ty treasury OF FIVE dollars aRd under, and
of ten dollars and under; alter the 4th day
Of July, 1860, all payments of twenty dol
lars and under; after the the 4th day OF July,
1861, all payments of thirty dollars and un-
der; after the 4tb day Of July, 1862, all pay
menss of fifty dollars and under; after the
4th day of July, 1868, all payments Of one
/
Of July, 1864, all payments OF two hundred
dollars and under; after the 4th day of July,
1865, all payments whatever, shall be made
in specie only.
SEC. Is. That if any officer or other
person charged with the collection, receipt.
safe keeping, transfer or disbursement. ..of
the public money or any part theEsof,. be-
longing to the state, or I'd 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, association or party whatev.
er, in any way whatever, or shall use by way
Of investment 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 indi-
ydual, or shall deposite with any company,
corporation or individual; any portion of the
public money, or any other funds, property,
bonds, securities, assets or effects of any
kind, received, controlled, or held by him
for safe keeping, transfer or disbursement,
OF in any other way or manner, or for any
other purpose; or if any person shall advise,
aid, or in any manner participate in such
act, every such act shall be deemed and
t held in law to be an embezzlement Of 80
much of the said moneys or other property
, as aforesaid, as shall be thus converteds
used, invested, loaned, deposited or.paid out
ae aforesaid; which is hereby declared to be
q high crime and misdemeahor, and upon
prosecution, trial by indictment and convic-,
, ton thereof before any court OF this state
, having competent jurisdiction, such officer
or persons shall be sentenced to imprison..
| ment in the penitentiary, and kept at. hard
, labor foS a term of not less thai one. year
nor more than twenty -one years, according
to the magnitude OF the embezzlement, and
also, to fine equal to double the amount
of money or other property so embezzled as
| aforesaid, which fine shall operate as "A judg.
: ment at law on all OF the estate Of the par.
ty SO convicted and sentenced, end shall be
enforced to collection by execution or otheI
4 process, for the use only OF the party or
| parties whose money or other finds, proper.
r ty, bonds or securities, assets or effects OF
3 any kind as aforesaid, has been. SO emhez.
| zled. And in all cases, such fine 80 opcrat.
r ing as judgment, shall only be released or
entered as satisfied by the party interest as
0 aforesaid. Any failure or refusing to pay
i. over or to produce the public money or any
!, part thereof by any officer or other person
e under tits act charged with the collection,
I. receipt, transfer, disbursement or. safe keep.
t ing OF the public money or any part thereof,
e whether belonging to the state, or to any
Q county, or township, or organized city,5 or
incorporated village in this state. or any
] other public money whatever; or any failure
t. to account TO- or to make settlement with,
!; any proper and legal authority, of the ON,
: cial accounts or such officer or person, shall
d be held or taken as prima facie evidence Of
|, such embezzlement. And upon the trial OF
: any such officer or person, for embezzllng
:, public money under the provisions OF this
!. act, it shall be sufficient evidence for pur.
!. pose Of showing balance against such Of
d ficer or person, 10 produce transcript from
II the books of the auditor of state, or comp.
ct troller of the treasurystOr of the audltof Ot
n the county, or the records Of the commits.
:. sioners of the county; and the refusal OF any
a such officer or person, whether In or out ot
o Office, to pay any draft, order or warrant
which may be drawn upon him, by the prop.
!. er officer, for any public money in his hands
}. mo matter in what capacity the same may
r have been received or may be held ~ him
' or any refusal by any person Or public ON"
e Ger named In this act, to pay over 70 me
: successor any public moneys or securities
: promptly, on the legal requirement q sany
e authorized officer Of the state Or conntys
# shall be taken on the trial OF any i1dlct-
Z ment against such officer or person for en-
q bezzlement, as prima facie evidence otauch
= embezziement.