The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1858-04-28

and every certificate, as herein provided shall |
also contain a statement of the exact amount |
Of money so found and counted in the treasury |
and the exact amount belonging to each partic- |
uiar fund, together with schedule Of all the |
Other property Of ths state as abeve described. |
Sec. II. An inspection and thorough exam
ination of all the boiks, vouchers, accounts,
moneys, bonds, securities and other property in
the treasury Of each and every county in this
state, shall be made by the county auditor and
county commissioners thereof, az often as once
in every three months in every year, and it is
hereby made part Of the official duties of the
judge OF probate of each county, as often as
once in every ak months, ottener if the said
judge shall deem it necessary, without notice to
any other person, to appoint in writing under
the seal of said court n competent and trusty
accountant, who shall forthwith, without pre-
vious notice or intimation t. the county treaeur-
ers, Of such intended inspection and examina-
tion, enter the cornty treasury and proceed i'm
mediately to count the ynoney therein and inspect
anu examine the books, rccords and vouchers
thereof; and if on counting and inspecting tic
same thcreshall be found the full sum in money
required By the accounts Of the auditor, and the
accounts aud books, and legal vouchers of the
treasurer, together with all other property,
bonds, SECURITIES, claims, assets and effects,
which should be in the custody and possession
Of the treasurer the said inspector shall certify
the same in writing III triplicate, one copy of
which certificate shall be recorded in the books
of the treasury, and fled by the treasurer in his
office, and ono copy shall be recorded and filed
by the auditor of the county, and one other copy
thereof shall be duly reported to the said pro-
bate court, and be entered on record therein
And the accountant so appointed on performing
the duties herein required, shall be paid at the
rate Of three dollars per day for the time neces-
sary to the performance of the same, out Of the
county treasury, on warrant drawn by the
county auditor, and approved by the certificate
of said court, particularly specifying the duty
performed. And every certificate as herein
provided, shall also contain statement of the
axact amount of money SO found in and counted
in the county treasury, and the exact amount
belonging to each particular fund, together with
all property, bonds, securities assets and effects
as aforesaid.
Sec. 13. On and after the 4th day of July,
1868, all payments from the state treasury OF
twenty dollars and under, and after the 4th day
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 pay
ments of two hundreds dollars and under, and
after the 4th day of July, 1862, all payments of
three hundred dollars and under, and after the
4th day of July, 1868, all payments OF four
hundred dollars and under and after the 4th
day of July, 1864. all payments of five hundred
dollars and under, and after the 4th day of
July, 1865, all payments whatever, shall be
made in specie. All payments made from the
state treasury shall be held to be made BY the
! treasurer Of state.
Sec. H. On and after the 4th day Of July,
1858, all payments out of every county treasury
of five dollars and under and after the 4th day
of July 1859, all payments of ten dollars and
under; after the 4th day of July, 1860, all pay
oft pnIp
4th day of July 1861, all payments of thirty
dollars and under; after the 4th day of July,
! 1862, all payments Of fifty dollars and under;
after the 4th day of july 1853, all payments of
one hundred dollars and unde'; after the 4th day
Of July, 1854, all payments of two hundred dol
| lars and UNDER and after the 4th day of July,
/ 1866, all payments whatever, shall be made in
spscie only.
Sec. Is. That if any officer or other person
charged with the collection, receipt, safe keep
ing, transfer or disbursement of the public
| money, or any part thereof, belonging to the
| state, or to any county, or township, or organ
ired city or village in this state, shall convert
to his own use, to the use OF any other person
or persons. body corporate, association OF party
whatever, 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 individual, shall
deposit with any company, corporation or in
dividual, any portion Of the public moneys, or
any other funds, property, bonds, securities,
assets, or effects of any kind, received control
led, or held by him for safe keeping, transfer
or disbursements, or in any other way or man.
ner, or for any other purpose; or If any persons
shall advise, aid, or in any manner participate
| in ouch act, every such act sli.ll be deemed and
held in law to be embez zlement of so much OF
the said moneys OF other property as aforesaid
as shall be thus converted, used, invested, loan
ed, deposited or paid out as aforesaid; which il
hereby declared to be q high crime and
misdemeanor, and upon prosecution, trial by
indictment and conviction thereof before any
court ofthis state having competent jurisdiction
| such officer OF person or persons shall be SEN
tenocd t, Imprisonment in the penitcntiary, and
kept at hard labor for n term of not less than
one year nor more than twenty one years, &C
cording to the magnitude of the embezzlement
| and also. to q fine equal to double the amount
of money or othes property 80 embezzled as
aforesaid. which fine shall operate as q judg
ment at law ON all of the state of the party sc
convicted and sentenced and shall be enforced
to collection by execution or other process, fol
the use only of the party or parties whose mon
ey or other funds property, bonds or securities
Assets or effects of any kind as aforesaid, ha:
been so embezzled. And in all cases. such flint
released or entered as satisfied by the party il
interest as aforesaid. Any failure or refusal tt
pay over or to produce, the public money or any
part thereof by any officer or other person, un
der this act, charged with the collection, re
ceipt transfer, disbursement or safe keeping o
the pubic money or any part thereof whethcI
belonging to the state, or to any county, o.
township, or organized city, or incorporates
village in this state, or any public money what
ever; or any failure to account to. or to maxi
settlement with, any proper and legal authority
of the official accounts of such officer persons
shall be held and taken as prima facie evidence
of such embezzlement. And upon the trial 0
any such officer or person, for embezzling pub
lie money under the provisions Of this act, i
shall be sufficient evidence for the purpos
of showing q balance against such Office
or person, to produce d transcript from the book
of the auditor Of state, or comptroller of tn
treasury, or the auditor Of the county, or The rec
ords of the commissioners of the county; and tn
refusal Of any such officer or person, whethe
in or out OF office to pay any draft, order O.
warrant which may be drawn upon him, by tn
proper officer, for any public money in his ha nd
mo matter in what capacity the same MAJ
h I've been received or may be held by him.
any refusal, by any person or public Office
named in this act, to pay over to his successo
any public moneys, OF securities promptly, OF
l.l.o SC ,ol .{&,,,