Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1860-05-22

aggregate amount in his hands, or subject to his
management as Receiver, how and where the
funds had been placed, and what security had
been taken for their safety and forthcoming,
when called for by the Court; and that, besides
this most wonderful indulgence to Mr.. Kinney,
it is reported that Judge Thompson never re-
quired OF him any bond or security during that
whole period, for bis faithful performance of the
duties OF Receiver, in properly investing and
faithfully accounting for that Immense fund, and
for an indemnity to the parties interested in case
OF loss or mismaGagement by the Receiver.
l further stated that it was thought and fear.
ed that large amount of that fund would be
lost to the parties interested in the subject by
these omissions of duty by Judge Thompson
That it was further reported, that the only bond
required by Judge Thompson Of N. @. Kinney,
las Receiver, or given by him as such, was more
than six months after the passage of the Act OF
Sd June, 1852. deem it proper, now, to be
more specific as to the acquisitions OF that Act.
1t is an Act entitled, IAN Act concerning money
paid into Court, and providing for the appoint
ment Of general Receivers, and for the settlement
of Receivers acoounts," and was in force from
it's passage. The FIRST section makes it 1.-THE duty
of the Clerk of the County, Corporation and
Circuit Courts, to report to their respective
Courts, at the first term thereafter after the 6rst
of July thereafter, at statement to show, in sep
arate columns, the name Of the suit or proceed
ing in which any money had been heretofore
paid into Court, Or into Bank or other place OF
deposit, or to any person specially appointed to
receive the same under any judgement, order, OF
decree of such Court, and which money should
remain undisbursed, in whole or in part, at the
date OF such report: the d0te of such Judge
ment, order, or decree; the date OF such pay
| ouf fho md mi I;o
bursed; the person by whom it was paid, and
the person to whom paid !; if such money, or any
part thereof, had been loaned out, remained on
deposit, or in the hands of the Receiver; and il
loaned out, the date of the order authorizing the
the loan; the date of the loan; the person to
whom it was made, and naho then held it; if Sc
curity had been given therefor, the nuturs o
the security; and when secured by bond or OBJ
legation, the penalty thereof, and the names Of
the principal obligor and his securities"
We're the requistions of this section of the
act ever complied with by Nicholas O. Kin
neya l am informed they never were, and as
he is now deceased, of course, they never Can
be. By the 18th Section of the same Act each
County Court at its first quarterly term, and
each Circuit Court at it's regular term, after the
first day of January after the passage of the
act, and annually at the same terms in each year
thereafter, by an order entered of record, were
bound to require one of its Commissioners in
Ohancery, other than Commissioner who may
have been appointed general Receiver thereof
to state and settle the accounts of all the re-
oeivers of such Court, both general and special
and of all persons to whom any money had been
loaned under the order of the Court, or who
might lave money subject to the future order o1
the Court, and then remaining undisbursed.-
The Clerk of the Court was bound to furnish
such Commissioner copy of the order SO made,
with list appended thereto, showing the names
of all such receivers and persons. The Com
missioner was then bound to summon all such
receivers and persons before him, and audit,
state and settle their accounts, and then report
the same to the Circuit Court at the next term
after such order was made, with an appended
statement, showing in separate columns, all the
matters required TO be shown by the Clerk in
the first section of the act above set forth. The
Commissioner was also required to cause the
bonds of the receivers of the Court and the bonds
or other securities for money loaned under the
order of Court, to be produced before him, to
ascertain whether the obligors in such bo1ds
were sufficient, and to report thereon to the
Court, at the times tlerein stated. By the 18th
Section of the Act, the Court was required to
examine the reports required by the lst and 1lth
rectness, to order them to be recorded, but if il
appeared from the report of the Commissioner
that the bond of the receiver, or any other per-
son, for money loaned under its order, was in.
sufficient, the Court was bound to require ad-
ditional security to be given, OF another bond to
be executed, in such penalty as it should deem
right, and with sufficient securities. But the
execution of such new bond was not to discharge
the securities in the prior bond from theiriiabiI
ity for acts of their principal obligor, done pre-
vious to the execution OF such new bond
By the 7th section of this act the Receive,
was required to annually give before the Court
bond, to be approved by it in such penalty az
the Court should direct, but sufficient, at kast
to cover the probable amount which might come
to his hands in any one year. | have tran.
scribed almost the exact language of these sec
tions but besides these, there is q number o1
other sections in the act, and all stringent liz
their reouisitions as to the duties of the Receiv
er. These. however, will be sufficient for nv
purpose. AS before stated, the act was passed
and in force on the Sd June, 1862; the first and
only Receivers bond ever executed by Nicholas
10. Kinney. was executed under this act, on 3Otf
November, 1852, in the penalty OF only twenty
thousand dollars He continued to hold the Of
fee of Receiver, and, as such, to receive the
funds of the Court, as reported, from this latter
date until the November term, 1857, but with
out being required to give, or giving any Other
bond as Receiver. This bond, then, for $40,
600, executed and dated the Both November
1887. was the only indemnity required by Judge
Thompson of Nicholas @. Kinney for the i'm
mense sums which come to his hands, as Re
ceiver, from time to time. from the year 1881
tn the 3)th November, 1857 and from the pen
alty of this bond, all the losses by Mr.. Kinney
as such Receiver, must be reimbursed, if at all
SO far. as any indemnity provided by Judg
Thompson has been afforded. As stated before
Nicholas G. Kinney gave no bond as the Receiv
err of the Court from the time of his receivin,
that appointment until the amended oonstita
ton OF August 1st, 1851, went into operation
period OF upwards of twenty-one years. Oal
the Receivers bond of said Kinney, executed o.
the 3Oth November, 1862, be made an indemni
ty for any loss Of money paid him as Rsoeiysr
the bond having been executed under the &C
must be regarded as . statutory bond restin
upon that act, and that alone for support.