The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1871-05-13

authority m WHICH 10 uepOSlt tit fuiiuS ~
the State, any portion Of the public money,
or any. other funds, property, bonds, secn-
rites, assets or effects Of any kind received,
controlled or held by him for safe keeping,
transfer or disbursement, or IN any other
way or manner, OF for any other purpose =;
or if any person shall advise, aid. or in any
manner participate in such act, every such
act shah be deemed and held in law to be
an egbezZienlent of so much Of the said
moneys and other property, as aforesaid, as
shall. be thus converted, used, invested,
loaned, deposited or paid out as aforesaid,
which is hereby declared to be a high crime
and misdemeanor; and upon indictment
and conviction thereof before any court of
fhis State having competent jurisdiction,
such officer Or person or persons shall be
sentenced to Imprisonment in the peniten-
tiary, and Kept at hard laoor for a term Of
not less than one year, nor more than twen-
ty-one years, according to the magnitude of
the embeZzlenent, and also of a fine equal
to double the amount of money Or property
80 embezzled, as aforesaid and the judg-
ment inficting the fine, when duly record
ed, shall operate as a mortgage on all of the
estate of the person so convicted and SEN
fenced, 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,
SHAH have been so embezzled; and the said
mortgage shah be recorded by the clerk of
the court in favor of such person or per-
sons, party Or parties; and in all cases such
fine so operating as a Judgment shall Only
be released Or entered as satisfied by the
party in interest, as aforesaid. AIRY 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 to any parish or
organized city, or Incorporated village in
thB State, or any other public money what
ever or any failure to account to, or make
settlement with; any proper and legal au-
thority, Of the official accounts of such Off
Ger or person, shall be held and taken a
prima facie evidence Of such embezzlement
And upon the tIial of any such officer or
person for embezzling public money under
the provisions Of this act, it shall be suffi-
Gent evidence for tho purpose of showing a
balance against such officer or person to
produce a transcript from the books of The
Auditor of Public Accounts or the -reeorder
of the parish, or the records of the police
juries Of the several parishes of this State,
or the officer or officers having charge of
the records of any organized city or inc6r-
porated village in this State and the refu-
sal Of any such officer or person, whether
in or out of office, to pay any draft, order
or warrant, which may be drawn upon him
by the proper officer, in the manner re-
quired 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 put,-
lie officer to pay over to his successor any
public moneys or securities promptly, on
the legal requirements of any authorized
officer Of the State, parish, city Or incorpo-
rated village, shall be taken on the trial of
any indictment against such officer or per-
son for embezzlement, as prima facie evil
dence of such einbezzlcment. aGa.
SEC. 81. Be it ulther enacted, etc That
if at the time of any2inspection and exam
nation of the State treasury, as provided by
this act or by law, or at any other time,
there should be any deficiency of money or
Of other funds or property in the treasury,
or if there should be at any time be an. act
Of breach of trust or embezzlement, as de-
scribed by this act, committed blythe State
Treasurer, or Auditor Of Public Accounts,
such fact shall be immediately reported to
che Governor by any one or by all of the
members Of the board of inspection. as
herein provided; the Governor, on receive
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, ofense or offenses committed. and
upon the arrest of the accused his official
functions shall be suspended, and the Gov
crnor shall appoint o Treasurer or Auditor
pro tempore ; and should the accused be
convicted, he shall remain suspended until
the close of the next session of the LegisIa-
ture, when, if not removed by impeach-
ment, he shall resume his duties as Treas
urer or Auditor, as the case may be.
SEc.s92. Be it further enacted, etc That
il, at the time of any inspection and exam
ination OF the office, receipts, books, vouch.
ers and business Of any collector. receiver
ofsales of public lands, register Of any State
land office, or any other officer Or agent Of
the State, or person having an office. as
provided BY this act, or il at any time the
inspector of such Office, or any other person
or persons, shall discover any evidence of
embezzlenent or breach of trust, as des-
cribed in this article, or fraudint the business
transactions or records, books orvo1chers
Of any such office, such inspectors OR other
person shall Immediately report the same
to the Auditor Of Public Accounts: and ii
shall be the duty Of 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 oficer, or agent, or person or persons, |
shall be held in bonds, with good security,
in an arnonnt at least double his official
bonds, or if he has given no official bonds,
then IN bonds, 10 such an. amount and
with such good security as shall be to tho
satisfaction OF the court before which such
proceedings are had, to abide his trial on |
the charges made against him: and on
to furnish such bond and security. |
he shall be kept in safe confinement until
trial be had. And the Governor, i'm
mediately on such arrest, shall proceed toll
appoint some competent aud trustworthy
person to fill such Office ~proten,pore, who.
on being qualified BY having given bond
taken the proper oath Of office, accord
ing 70 the requirements Of the law, shall
be wasted with all the functions and powers,
and be subject 20 all the duties and liabili-
ties Of such collector, or receiver, or. regis
or officer, on agent, On perstn aforesaid.
See 93. BE H. further enacted, etc. THAT