New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-03

and the travelling expenses shall be what.
ever he shall have actually expended, OF
which he shall furnish detailed statement;
aud every certificate. as herein provided,
shall also contain statement OF The exact
amount of money so found and counted In
the treasury, or deposited in the proper de-
pository to the credit of the State Urea
surer as such, and the exact amount De
longing to each particular FUND, together
with. & schedule of all the other property OF
the State, as above described, which certi1'
cate shall be published in the Official jour-
nal of the State.
SEC So. Be it further enacted, etc.. That
if any officer or other person charged with
the collection, receipt safe keeping, trans
fer or disbursement of the public money, or
any part thereof, belonging to the State, or
to any parish or organized city or village III
this State, shall convert to his own use, or
to the use of any other person or persons,
body corporate, association or party what
ever, 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, or shall deposit with any COM
pany, corporation or individual, except the
bank selected by proper authority IN which
ton of the public money, or any other funds,
property bonds. securities assets or effects
OF any Kind received, controlled or held by
him for safe keeping, transfer or disourse-
ment, or in any other way or manner. or Tor
any other purpose; or If any person snail
advise, aid, or IN any manner participate IN
such act, every such act shall be deemed and
held in law to be an enbezzlement OF so
much OF the said moneys and other proper
So c1t.il q anTVprtpH
used, invested. loaned, deposited or paid
out as aforesaid. which is hereby declared
to be q high crime and mlsdemeanor. and,
upon indictment and conviction Thereon be-
fore sny court of this State having c9mpe-
tent Jurisdiction, such officer or.person or
persons shall be sentenced to imprisonment
in the penitentlary, and kept at nara LABOR
for 81 term OF not less than one ear nor more
than twenty one years. according to the
magnitude OF the embezzlement, and also to
fine equal to double the amount OF money
or other property so embeZZted as aforesaid.
and the Judgment inhiCting the fine, when
duly recorded, shall operate as a mortgage
on all of the estate of the person so con-
vic.ed and sentenced, for the use only OF the
party or parties, person or persons, whose
money or other funds, property, bonds or
securities, assets or effects OF any KIND as
aforesaid, have been so embezzled and the
said mortgage shall be recorded by the clerk
of the court in favor of such person or per-
sons party or parties: and in oh cases such
fine so operating as a judgment, shall only
De released or entered as SATISFIED oy the
party in interest as aforesaid. Any failure
or refusal to pay over or to produce the
public money or any part. thereof, by any
officer or other person, under This act,
charged with the collection, receipt, trans
fer, disbursement or safe keeping OF the
public money. or any part thereof. whether
belonging to the State or any parish or Or
ganiZed city or incorporated village IN this
State, or any other public money whatever;
or any failure to account to, or to make set
tiement with, any proper and legal authorl-
", of the official accounts OF such ofhcer or
person, shall be held and taken SO primo
facie evidence OF SUCH embeZzl ement. And
upon the trial OF any such officer or
person for embezzling public money under
the provision of this act. it shall be suif''
cient evidence for the purpose OF showing
balance against such oHlcer or person, 10
produce a transcript from the books OF the
Auditor OF Public Accounts, or the Recorder
OF the parish or the records OF the Police
Jufies of the several parishes OF this stats,
or the Controller, or such other oincer nav
ing charge of the records o. any organized
city or incorporated village in this State,
and the refusal of any such otHcer or person.
whether in or cut Of office, to pay any draft,
order or warrant which may DC drawn upon
him by the proper officer, tor any pubLc
money in his hands, no matter in what ca
pacity the same may have been received CT
may be held by him, or any refusal by any
person or public officer named IL this act To
pay over to his successor any public moneys
or securities promptly, on the legal require
ment of any authorized officer of the State,
parish, city or incorporated village, shall be
taken on the trial of any indictment against
such officer or person tor enlightenment, IS
prina facie evidence Of such en- bezZeTnenC.
SEC. 50. Be it further enacted, etc. That
If at the time Of any inspection and exam
nation of the State treasury, ~ provided by
this act or by law. or at any other time,
there shonld be any deficiency OF money or
of other funds or property IL the treasury,
or if there should at any time be an act OF
breach of trust or embezzlement, as de-
scribed by this act, committed by the State
Treasurer, such fact shall be immediately
reported 20 the Governor by any one or all
of the mem berS OF the Board OF Inspection,
as herein provided, or by any other person
or persons, and the Governor, on receiving
such report, shall, with the concurrence Of
the facts so reported to them to be true,
forthwith make affidavit against the
Treasurer. charging him with the
crime or crimes, ofense or oHenSes
committed, and, upon the arrest OF
the accused, his official functions shall be
suspended; and the Governor shall appoint
Treasurer pro tempore; and should the
accused be convicted, he shall remain sus.
pended until the close of the next session OF
the Legislature, when. if not removed by
impeachment he shall resume his duties as
Treasurer.
SEC. 80. Be it further enacted. etc., That
if at theltime OF any inspection and eXamlna-
ton of the Office, receipts, books, vouchers
and business of any collector, receiver OF
sales Of public lands, register of any State
land office; or any other officer or agent OF
the State, or person having an Office, as pro-
vided by this act. or If at any time the IN
spector of such Office, or any other person
or persons shall discover any evidence OF
embeZzlement or breach of trust, as de-
scribed in this article, or fraud in the bust
ness transactions or records, books Cy
vouchers of any such Office. such IN
spector or other person shall inne-
diately report the same to The Governor
and 1t shall be the duty OF the Governor
or in his abse nee from the seat Of government
it shall be the duty of the Lieutenant Gov
ernor, if ne is satisfied of the truth of the re-
port SO made, to forthwith cause the arrest
OF such collector, receiver or register, OF
officer, or agent, or person, or persons, whose
official functions and powers shall thereu pon
be suspended; and such collector, or receiver
or register, or officer, or agent or person or
persons, shall be held in bonds, with good
security, in an amount at least double his
official bonds, or if he has given no ofhcia
bonds then in bonds in such an amouat
and with such good security as shall be L
the satisfaction of the court before whict
| proceedings are had, TO abiGe bis trial or thf
charges made against him; and on failure
| TO furnish such bond and security no shall
| be kept in safe confinement until such tria
| be had. And the Governor, Immediately OF
such arrest. shall proceed TO appoint some
| competent and trustworthy person to fill sucf