The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-07-06
the months Of February and August in every

year, anu Oltener II the COMMISSIONERS OI tuc
county shall SO direct; particularly specifying
in such statement the amount belonging to
each particular fund, together with all other
property, bonds, securities, claims assets and
effects, belonging to the county, in the custo-
dy or under the control of such treasurer
Such statement shall be signed by said county
treasurer and said county AUDITOR and the ex-
pense of such publication shall be paid out of
the county treasury on warrant or warrants
drawn by the county auditor, particularly
specifying the same; and if at any time it
shall be found that such statement was untrue
or false in regard to the amount of money and
other property then on hand and in the treas
ury. and said treasurer and the said auditor
making the same, shall, without regard to
lapse of time, be held to be guilty of breach
of trust and high misdemeanor, and on trial
by Indictment, and conviction thereof, before
any court of competent jurisdiction, shall be
sentenced by the court before which such trial
and conviction shall be had, to the same pun
ishment as is provided in and by the act here
by amended, or by the "act to establish the
independent treasury of the State of Ohio"
passed April IL, 1858, or by law for the pun
ishlnent of embazzlement.
Sec. 3. Thatsection twenty-five (25) of the
aforesaid act be so amended as to read as fol-
lows: Sec. Is. All costs and expenses of the
safe keeping and disbursement according to
the requirements of the act hereby amended,
and of the act to establish the Independent
treasury of the state of Ohio, of the public
money belonging to the several counties or
townships, shall be paid by the treasurer of
the proper county, under the supervision of the
county commissioners and county auditor of
such county, by the warrant of the said audi
tor, drawn on the treasury, and certified by
Sin 70 fho oh hioof for ip1,
it was drawn. And any failure, or neglect, or
refusal on the part of any county treasurer to
provide specie for the payments of specie out
of his treasury without unnecessary inconve-
nience or trouble or individual loss or expense
to the tax payers in the manner prescribed
by the fourteenth (14) section of the act
entitled ian act to establish the independent
treasury of the State of Ohio" passed April IL,
1858, shall be deemed and held in law to be a
misdemeanor, and on his trial and conviction
thereof, by Indictment before any court having
competent jurisdiction, he shall be sentenced
for each such offence to pay fine Of not less
than twenty dollars nor more than five hundred
dollars. And each county treasurer shall
make settlement with the county commits
sioners and county auditor of his county semi
annually, as provided by law; and he shall be
allowed for his services two and one half per-
centum on all moneys by him received, and
two and one-half per centum on all moneys
by him paid ont during the preceding hall
year, where each sum so received or so paid
out shall not exceed fifty dollars; and on all
sums so received or so paid out, exceeding
one hundred dollars each, one and half per
centum; and on all sums, so received or paid
out exceeding one hundred dollars and not
exceeding two hundred dollars each, one pei
centum; and on all sums, so received or paid
out, exceeding two hundred dollars and not
exceeding five hundred dollars each, one hall
of one per centum; and on all sums, SO receiv-
ed or paid out, exceeding five hundred Dollars
each, one quarter of one per centum for receiv-
| ing into, and one quarter of one per centum
for paying out of the treasury as aforesaid
hereby expressly excepting that which may
be collected on the tax duplicate, and that
collected for taxes on delinquent or forfeited
lands, by sale of such lands otherwise; aud
| excepting also that on which some other rate
of compensation is fixed by law, And said
treasurer shall be credited with the sum by
him paid for printing such advertisement as
he is required to publish in some newspaper
and with the sum by him paid for blank books
and stationery necessarily used in his Office
provided. that no per centage shall be allowed
to the treasurer or any money by him receiv-
ed from his predecessor in Office, or from the
legal representatives of such predecessor.
Sec. 4. That section twenty-seven CID o.
the aforesaid act be SO amended as to read as
follows: Sec. 27. The county commission
ers of each county in this state, are hereby
required to provide, as soon as practicable
after the passage of this act, all such room:
or Offices, and construct such fire and burglar
proof safe, and other means of security, in the
efice of the county treasurer in the public
L 1rxHI \ Nf AI. h4 1o<
by the county treasurer for the perfect pro
lection and safe keeping of the money therein
andsif any county commissioner or county
commissioners of any count1itn this stat
shall fail, or neglect, or refusesto provide snt
furnish the county treasurer Of their county
such fire proof and burglar proof safe or vault
for the safe keeping of the public none,
therein, as the said treasurer shall require o
demand in writing, any such commissioner o
commissioners. so failing, neglecting, or re
fusing to provide the same, shall be held il
law as guilty of high misdemeanor, and OF
trial and conviction thereof, before any cour
having competent jurisdiction, shall be seve
rally fined, for the use of the county, by til
court before which such trial and conviction
had, in any sum not exceeding one thousan
dollars, nor less than one hundred dollars
with costs of prosecution, at the discretion
VI COuIt iOI cdCn SuCh OuchSO, duu Iu
said county commissioner or commissioners
SO failing, or neglecting, or refusing to furnisl
the same, shall moreover be held liable on hi
or their official bond, and also in his or thei
private capacity, to pay for the use of tn
county, for all amounts of property that ma
be stolen, robbed, or unlawfully taken fror
such county treasury during the time be
tween the period when such requisition o
demand shall be made by any such treasurer
and time when such vault, safe, and 0the
means of security, may be furnished to sue
treasurer by such commissioner or commis
sioners. ~
Sec. s. That the original sections six, &c
fifteen, (l5), twenty-five, (25), and twenty
seven, (27, of the act hereby amended, an
section thirty-o (3l) of the act; entitled a
act prescribing the duties of county treasu
rers, passed March II, 1881, and took effec
June 1, 1851, be and the same are hereby re
pealed: provided; the repeal of the said sec
tions of said act shall not affect any right
acquired under them or either of them, or al
feet any liability: civil or criminal, CROWN
out OF, or arising under, said sections of sal
acts, or either of them, or the prosecution 9
them to final judgment, agreeably to the LAY
heretofore existing.