New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-15
NAV oRIEANs REPUBLICAN, WEDNESDAY, MARCH Is 1871

Office, to pay any draft, order or warrant,
which NAV be drawn upon him by the
proper officer, in the manner required by
law, for any public money in his hands, NO
matter in what capacity the same may have
been received or may be held by him; or
any refusal by any person or pubic Omcer
to pay over to his successor any public
moneys or securities promptly, On the legal
requirements of any authorized ofhcer o!
the State, parish city or Incorporated
village, shall be taken on the trial OF any
Indictment against such officer or person
for enbezz,emcnt, as prima tacic evidence
of such embezz!ement.
SEC. 81. BE il further enacted, etc, That
if, at the time oi any inspection and exam
inatien OF the state treasury, as provided
by this act or by law, or at any other time,
there should he any deficiency of money or
OF other funds or property in the treasury,
Orif there should bc ut any tine be an act
OF breach of trust or elnbczzlement, as de-
Scribed by this act, committed 10y the State
Treasurer, or Auditor OF Public Accounts,
such fact shall be immediately reported to
the Governor by any one or by all of the
members of the board of inspection, as
herein provided; the Governor, on receiv
ing such report, shall, if he finds the facts
so reported to him to be sufficient, forth
with make affidavit against the Treasurer
or Auditor, charging him with the crime or
crimes, Oftense or CtfeIses committed, and
upon the arrest Of the accused his official
functions shall he suspended. and the Gov
ernor shall appoint Il Treasurer or Auditor
pro tempOre: and should the accused be
convicted. he shall remain suspended until
the close Of the next session of the Le@is
lature, when, ii not removed by lmpeach-
mcnt. he shall resume his duties as Treas
urer or Auditor. as the case ma y be.
SEC 3D. BE it further enacted, etc, That
if at the time of any inspection and exam
ination Of the office, receipts, books,
vouchers and business Of any collector, re-
ceiver of sales OF public lands, register of
any State land office. or any other officer or
office as provided by this act. or if at any
time the inspector Of such Office, or any
other person or persons shall discover any
evidence Of embezzlement or breach of
trust. as described i'll this article, OF fraud
in the business transactions or records,
books or vouchers OF any such office. such
inspectors or other person shall imme-
| iiatciy report the same to the Auditor OF
| Public Accounts; and it shall be the duty
| o. the said Auditor to forthwith cause the
arrest of such collector, receiver or register,
| or officer. or agent or person or persons,
| whose official functions and powers shall
| thereupon be suspended: and such collector,
| or receiver, or register, or officer. or agent,
| or person or persons shall lie held in bonds,
with good security, i'll an amount at least
| double his official bonds. or if he has given
! no official bonds then i'll bonds in such an
| amount and with siich good security as
| shall be to the satisfaction of the court
| before which such proceedings are had, to
| abide his trial OF the charges made against
| him: and on failure to furnish such bond
| and security, he shall be kept in SAFE con,
| tinement until such trial be had And the
| Governor, Immediately on such arrest, shall
| proceed to appoint some competent and
| trustworthy person to I'LL such office pro
| tcnpore. who, on being qualified by having
| given bond and taken the proper oath OF
| office. according to the requirements OF the
| law. shall be vested with all the functions
| and powers. and be subject 70 ali the duties
| and liabilities of such collector. or receiver
| or register, or officer. or agent or person
| atOrta said.
| SEC. 90 BE it further enacted. etc. That
a thorough and critical inspection and eX-
| animation shall be made as often rs once III
| every six consecutive months. or ottener ii
| the Auditor of Public Accounts shall Judge
necessary. OF all the receipts and business,
| books and vouchers o. each tax collector.
| auctioneer each receive" and register a.
| the State Land Office. and OF every other
| State officer. or agen. having an office. or
| having held an office. in which the business
| of the State is attended To. done or per
| formed. or required to lee attended 70. done
| or perturlGct: AND OF each ana every ;.uc-
tioneer or other officer or person charged!
| with tie collection and payment OF a State
| tax. And for this purpose the Auditor III
! Public Accounts is hereby authorized aud
required. a. often as once IN every six cen
sccutivc months in eacn wear. 20 appoint
some well qualified and trustworthy az
| cni.ntant or accountants. who shall. upon
information TO be furnished III writing bv
tie Auditor OF Public Accounts. proceed.
without having given any :revlous notice.
! knowledge or information or SAID intended
! ii>pectiou or examination. 20 the Office OF
! such collector or receiver. or register. or
officer. or agent. or person previously eXer-
e;cl,iuu the duties OF such once. or auction
! Ger and enter said Office and make a
| thorough and complete inspection and eX-
animation OF the books. papers. records and
vouchers Of said office. ard ascertain
whe' her the business and duties thereof
! lave been performed III good faith, and
! with full ability ana capac!tv by each col
! lector. receiver register. oiiiccr or agent or
! auctioneer: and il such is sou.d TO oe the
ease such Inspector or inspectors shall GER
! titv the same 20 the Auditor OF Public AZ
| counts in writing: provided. the entire cost
| OF any such examination shall no. exceed
one hundred dollars. and the actual travel
ing expenses. if any such are incurred. OF
which Il detailed statement shall be made
| by the inspector so employed.
SEC. "a. Be il further enacted. etc, That
all inspectors, other than officers whose
official oath embraces this duty, as provided
for by this act. or 10y law. shall. before en-
tering upon the discharge OF their duties,
take an oath or atfirr.atio before some
! officer uualitied 10 administer such oath or
affirmation, that he Will faithfully and i'm
partially, without favor, fear or prejudice,
make Il true thorough and critical inspec-
ton OF the office Offices, mentioning,
them. 20 the inspection OF which he has
been appointed. And IL willful failure SO
to inspect any such Office shall subject such
inspector to all the pains and penalties OF
perjury.
SEC. %. BE it further enacted. etc, That
each inspector herein provided by law,
| when III the execution OF his duties as III
! iv IA tnE n nj