Preble County Democrat. [volume] (Eaton, Ohio) 1857-1859, 1858-05-06

shall by such act of arrest be obsol tely
vacant, and he shall no longer be treas
urer and shall be held in bonds with
good security in an amount at least equal
to his official bonds, to abide his trial
on the charges made against him; or on
failure to furnish such bonds and secur-
ity, shall be kept in safe confinement
until such trial be had. And the gov
ernor Immediately on such arrest of the
treasurer shall proceed to appoint a
treasurer, who, on having given such
bond and security as a state treasurer Is
required to give by this act; and having
taken in due form the required oath OF
office, and the same being duly filed and
recorded, as by this act required, shall
be vested with all the powers and func-
tions, and be subject to all the Ii bill
ties and duties of treasurer of state in
like manner as is provided in and by
this act.
SEC. II. That if at the time Of any
inspection and examination of any coun-
ty 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 IN
other time, there should be any defc-
ieuey of money or other funds or prop
crty, bonds, securities, assets or effects,
in any such county treasury; or if at
any time there should be an act OF
breach of trust or embezzlement as de-
scribed in the aforesaid act or this act,
or any law, committed by the treasurer
of any such county; such facts shall be
forthwith reported to the probate our
of such county by any one or all of the
members of the board of inspection
therein provided for such county inspec-
ton; or by any other person or persons
And the judge of the probate court of
such county to whom such report is
made shall forthwith, if satisfied of the
truth of the report SO made, issue his
writ or warrant, and cause the arrest Of
such treasurer, whose official powers and
functions thereupon cease and deter
mine, and he shall no longer be treas
urer; and hold him in penal bonds with
good security to appear before the court
ofcommon pleas of such county, in an
amount at least equal to his official
bonds, to abide his trial on the charge
made against him, or on failure to fur
nish such bonds and security, shall be
hCHL Al die GOunuCLuSul una SuCu tIlII
be had. And the said Judge of said
probate court shall report the same to
the court Of common pleas for such
county, and the court of common pleas
Immediately on receiving a report, SO
aforesaid, of such deficiency, embezzle-
meut or breach of trust, shall forth with
issue it's mandate, and close the bust.
ness of the said office of treasurer, and
place the said treasury under the care oI
trusty master or masters of said court
until the appointment and qualification
Of a treasurer shall be made and per,
fected and the office of treasurer of such
county being vacant the county commits.
sioners and county auditor of such coun-
ty, with the concurrence and approval
of the Judge of the said probate court.
in writing, shall proceed forthwith to
appoint some trusty and competent per-
son treaSdTar, who, when so appointed
and qualified as a county treasurer, is
required by law to be qualified, and MS
bonds having been duly approved and
fled, shall be vested with all the powers
and functions, and be subject t. all the
duties aud liabilities of a duly elected
and qualified county treasurer, and sh all
hold his Office until his successor shall
be duly elected and qualified.
Sec. II. That if at the time of any
inspection and examination of the Office
receipts, books, vouchers and business
of any toll collector, receiver of sales o.
public lands, register of any state lane
Office, or any other officer or agent o.
the state, or person having an Office
as provided by this act, or at any other
time, the Inspector of such Office, or anJ
person or persons shall discover any ev'
ideuce of embezzlement or breach O
trust, as described in this act, or frauC
in the business transactions or records
books or vouchers of any such office
such inspector or other person shall I'M
mediately report the same to the Cover
nor and to the auditor of the state; AM
lit shall be the duty of the governor, o
in his absence from the seat of govern
ment. it shall be the duty of the audito
of state, if he is satisfied of the truth o
the report so made, to forthwith orde
the arrest of such collector, or receiver
or register, or officer, or agent, or persoI
whose official functions and powers shal
t%hereupon cease and determine, an
such Office or agency shall thereby be
come absolutely vacant: and such col
@lector, or receiver, or register, or officer
or agent, or person, shall be held i
bonds with good security IN an amour
at least double his official bonds; or if h
has given no official bonds, then i
bonds in such an amount, and wit
such good security as shall be to til
satisfaction of the court before whic
proceedings are had, to abide his tri;
on the charges made against him; or o
failure to furnish such bond and secur
ty, he shall be kept in safe confnemer
until such trial be had. And the go,
ernor, Immediately on such arrest, sha
proceed to appoint some competent an
trustworthy person to fill such Office
become vacant. who, on being qualiie
by having given bonds and taken IL
proper oath of Office, according to tn
requirements of law, shall be vested wit
all the functions and powers, and
subject to all the duties and liabiliti
of suoh collector, or receiver, or registe
or officer, or agent, or person aforesai