The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1859-08-12
WHOLE NO., 500.

demption OF the notes Of bank, shall be
upon the warrant Of the auditor, as in other
cases all notes, presented for redenpton
at the treasury shall be burned to ashes by
the treasurer in the presence Of the comp
troller and register, and certificates of such
burning, signed by tho treasurer, comptroller
and register shall be made, and account
thereof kept, as in other cases,
SEC. s. lfany banking company shall
fail to transfer, and keep deposited with the
treasurer OF state tho amount of securities
for tho redemption of circulating notes, re-
quired to be deposited by the act under
which such banking company shall bavo
been organized or shall fail TO make tho
quarterly returns of tho condition of the
bank or to keep on hand tho amount OF
coin and it's equivalent, required by the act
aforesaid or if auy other violation of any
of tho provisions of tho act under which
such banking company may be organized
shall come to his knowledge, the auditor of
state shall forthwith notify the attornes
general thereof; and the attorney general
snail thereupon and also for any such viola
tions that may otherwise come to bis knowI-
edge proceed by quo warranto in the prop
or court, against such banking company, as
for forfeiture Of the corporate franchises
thereof.
SEC. 9. If the auditor of state. trearurer
OF state, or comptroller OF the treasury, or
any clerk in either of their Offices, shall
knowingly and purposoly, and with intent
thereby to cheat or defraud any person or
persons or body corporate, use or otherwise
dispose of any of the securities deposited
by any banking company as aforesaid, or
any of the circulating notes of any banking
company, whether the samo be registered
or unregistered, and which may have como
into his possession or under his control for
any of the purposes named in this act. or
in the several acts mentioned in the first
section of this act, he shall be deemed and
held guilty of embezzlement, and prosecuted
! by indictment in any court having jurs-
dicton of the offence, and upon conviction
| thereof shall suffer the same punishment or
| penalty as is or may be provided by law for
| tho punishment of persons guilty of the
cmbezzlement Of the proper securities and
moneys ofthe state; and in ell prosecutions
for embezzlement under the proys:: proyis:o:.:: &c
this act the securities and the notes afore
said, whether registered or unregistered.
shall be deemed and held to be of tho value
denominated on the face thereof.
| SEC. 10. Sections seven, eight oud uins
OF the act, entitled "an act to further pro.
vide for the better regulation, and recent.
disbursement, and safe keeping Of the pub
lie revenue, passed April IL, ! s5s, are here.
by repealed provided, that the repeal
thereof shall not effect the existing rights
or liabilities, civil or criminal, of any person
or persons, arising under the sections 30 re.
pealed.
SEC. IL. This act shall take effect on it's
passage.
WILLIAM B. WOODS,
| Speaker ofMe House of Representative.
MARTIN WELKER,
President of tie Senate.
April 8, 1859.
10 amend sections hix (6),fifteen (l5l, twen-
hTe t2o), and twenty soven (27) of the
act entitled an act to further provide for
tho Better Regulation of the Receipts.
disbursement and Safe Keeping of the
Public Revenue" passed April 18Th, 1858.
SECTION /. BE IL enacted By the Gensr-
al assembly Of tie State Of OAio, Ths.
section of the act, entitled ian act further
to provide for the better regulation of the
receipt, disbursement and safe keeping of
the public revenue" passed April 18th. '5s,
be so amended as to read as follows: Sec.
6. The treasurer of state shall on present.
alton, pay all warrants drawn on the treas
ury by the auditor of state, daiy certified
and countersigned by the comptroller, when
thore are funds in the treasury belonging 10
the particular fund on which the said war
rant is drawn, IN the manner prescribed in
section thirteen of the 'act to establish the
independent treasury of the State of Ohio"
passed April 18th, 1858; and on payment Of
the same, he shall take the receipt of the
person presenting the said warrant and ell
titled to receive such payment, on the face
of such warrant, and in full for the amount
specified therein, and the treasurer shall
write on the face thereof the word "psid,"
which warrant, when so paid and cancelled,
shall be numbered in the order in which it
is paid, and he shall record the same in an
appropriate book kept for that purpose,and
file the same in his Office, as bis voucher for so
much money paid out, and shall credit him
self with the amount of the warrrnt paid, in
bis account against the particular fund ap-
propriated, and for which he has charged
himself, as herein provided, so as to keep
an exact debit and credit account o: each
particular fund in his Office.
SEo. 2. That section fifteen (5) OF the
aforesaid act be so amended as 10 read az
follows: Sec. Is. 1t is hereby made the duty
of the auditor and treasurer of each and ev-
cry county in this state, conjointly to mako
out and cause to be published in at least
one newspaper of general circulation in the
county in and for which they are such audi
tor and treasurer, o statement of the exact
amount of money existing in the treasury of
such county at the close of tho last business
day in each Of the months of February and
August in every year, and oftener If tie
commissioners shall so direct; particularly
specifying in such statement the amount be-
longing to each particular fund, together
with all othor property, bonds. securities,
claims, assets and effects, belonging to the
county, in the custody or under the control
of such treasurer. Such statement shall be
signed by said county treasurer and said
county AUDITOR and the expense 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 il shall ba
found that such statement was untrue or
false in regard to the amount of money and
other property then on hand and in the
treasury. the said treasurer and the said Au-
ditor making tho same. shall, without regard
to lapse of time, be held TO be guilty Of q
breach of trust and high misdemeanor, and
n;aI h. md; nd