Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1861-02-21

should be released from the payment of
this money.
NJ Bartto!omew. In answer 10 the
gentleman from Beaver, (Mr Wilson, |
would state that the Auditor General did
not have the transcript entered until 1856.
when The other sureties were insoyent
Mr.. ljH>na. | understand that; but
what | asked was, whether Mr. Xeigler
and all Of his suretics had not real estate
at the time these onds were fled, upon
which the bonds became licus, and yet re-
main liens
M. Boriholontc,c No sir: two of them
had become insolvent; only one of them
had real cstate-the ore for whom relief is
asked in this bill.
M. Wi2son 1 wish to know when thew
became insolvent
Mr. BarthoIomrr. 1t was prior to the
entry of these liens; ! can not state the
precise time.
M. Hiison | would ike to have some
evidence Of that fact
Mr. Boytho"ntw. The evidence was
adduced before the Committee
.Br. CQdijns | would like to ask the
gentleman from Nitfiin Mr. Gibbonoyl
whether understand i'm 10 say that two
0! the suretias asce":auei that ;,a pv.uc;
pal was iadeptel t. tie Commonwealth in
certain amount, while the 6tlicr. whom
you now selk 70 relieve, had not that i'm
formation.
-Hr. GiJjoney. 1t is presumed from the
fact that they did make over their proper
ty that they had such information
N". Co2in&. 1t is only presumed, then?
". Gijto".y. From the circumstances
of the case.
lNc. CoHins. l thought that the gentle
man threw out the inSiuuatidn II drew
that iniercnce) that the Auditor General
gave the information TO tive Of the sureties,
who were political friends, but failed to give
notice 10 the other, who was not a political
friend Am [ right in the inference?
III. Gib5oacy. | did not exactly say
that the Auditor General acted in that
manner; but by some means, | believe
two Of the sureties ascertained that Zeig-
Ter was in arrears and made themselves
safe; while the other had no notice of the
detalcation for several years.
Nr. III2Son. If those sureties had real
estate at the time these bonds where filed,
are not these bonds still lien upon the
real estate! They could not dispose of
that real estate except subject to the lien
OF these bonds The person who is now
IN possession Of that real estate holds title
subject TO this lien Therefore this bill
would be for the relief OF those persons
who have purchased that real estate which
was owned by the sureties at the time those
bonds were filed. 1t IS stated that two of
the sureties assigned their property. l !
would like to know how they could make |
an assignment 50 as to divest the lien of |
the Commonwealth agains: them 1t could |
not be done. That lien still exists against I
the property, in Whosoeyer hands it may I
be.
-fr. Bariho5omelc. Does the gentlemen
mean to say that the mere bail-bona would |
be lien upon the real estate2
HI. Wilson. Are not those bonds flied?
Nj. Bafho'omeao. They are not liens
until after Judgment,
-nr. EIlson. Are shey not liens when
entered up?
-Hr. BQrthD2omer. No, sir.
dfr. Wilson. / think this matter that
ought to be further inquired into. move
that the bill be postponed for the present
The yeas and nays were required by Mr.
Wildey and Mr. Walker and we're as follows,
viz:
austin Darnsey Bise Bliss boyer BTodhe.id. Caldwell
-laTh ttai; bsmantg pony, Douglass Frazier Gaskl,
Pierce a'onebacS, Taylor Teller, Walker, White. and VII
NJ N!s;-MsssTs Mes Armstrops Asshom, bartholomew,
nWaLner, LoW'her hfDo1ouGn Manifold, Myers lser-
Roller F%p FSi% Srle F s6a E Strn5d @ @ E2fB mb
ephlai Strange, Ir4oy. Hildey Williams and Da-
So the question was determined in the
negative.
The question recurring on the bill.
4R1. armstrong. | am not entirely fam
liar with the case in all its details but /
would like to state to the House the views
which influenced the committee in report
ng this bill alfrmatively.
In the account of Mr. Zeigler, as pub
ished for the year 1858, there appeared
balance due the Commonwealth Of several
thousand dollars but the account publish
ID in 1854 shows no such balance. BY
he act of Assembly, it is made the duty
If the Auditor General to hle, in the coun-
y where the TREASURER resides, statement
ii the accounts, and the statement thus
lied becomes lien ur9n the property of
he Treasurer and also upon the sureties,
nd secures the Commonwealth. By the
neglect of the Commonwealth, this state
nent was not fled in the county for sever
i years, and consequently the hen was net
ecured against the property of the Treas
Irer, and the other sureties So far as re-
ards the equities Of this case, the CON-
nonwealth, by the neglect of her officer,
las lost this money Were this case be
Mean an indixidral debtor and the surety.