The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1872-01-06
COasisv<d on Third Pogs.
PROvlDINGI FOR THE PUNISHMENT
OF 'EMBEZZLENENT OF PUHLlC -i'n
iStr uONEYA on PROPERTY" .|

W ~~'-'''~'
Be II enncssd BY the Legislative Assen'osy
cf tie Territory e. Aontan":. :, ~. q.
SECTION l. That if any officer OF othef
person, charged with the Custody. colsec'
ton; safe keeping, transfer, or disburse.
ment Of the public money or property, or
any part thereof, belonging to the Territory
or TO ATTY county. township. city. ine0rpo-
rated village, school district Or other cOrpo
rate authority. shall convert To his own use
or to the use of any other person or persDns,
body corporate. association or party, in airy
way whatever, or shall, use by way OF in
vest,nent in any kind of security. stock,
loan, property lend, or in any other man.
ne. or form whatever: or shall loan with
or without interest TO any company, cOrp0!
rstioa, association or individual, Or shall
deposit with any company. corporation ~
individual any portion oft the public money.
funds, bonds, securities, assets. effects or
property of any kind, received, controlled
or held by him, for safe, keeping, transfer
or disbursement. Or in any other way or
prescribed by law; orif any person shall
advise, aid or in any manner participate in
such act, every, such act shall be deemed
and held by law, to be an embczzlement OF
so much of the said moneys or other prop
erty ~ aforesaid, a. shall be thus converted,
used invested, loaned, deposited or paid
out AZ aforesaid; which In hereby declared
to be high crime and misdemeanor, and
upon prosecution. trial by Indictment and
con viction thereof, before any court of this
Territory, having competent jurisdiction,
such officers or person or persons shall he
sentenced TO imprisonment in the peniten.
tiary and kept ct hard labor for term Of
not less than one year or more than twenty.
one years, according to tho magnitude OF
the embexzlement; and, also, to u fine equal
to double the amount Of money or other prop
erty so embezzled a. aforesaid, which fine
the estate OF the party 80 convicted and sen.
fenced and shall be enforced 10, collection
by execution or other process. FIR the use
only of the party Or parties, whose money
Or other fluids. property, bonds or securi,
ties assets or effects of any kind'as aforc.
said, has been SO embezzlel; and In all cases
such fine SO operating us q judgment shall
only he released or entered ~ satisfied by
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 oct,
charged with the collection, receipt, trans.
fer, disbursement or ssfe>keeping Of
the public money or any part thereof,
whether belOn ging TO the Territory or to
any county or township, organized city OF
incorporated village in this Territory, OF
any other public money whatever; or any
failure to account 10, or to make settlement
will, any proper or legal authority of the
shall be held and taken us prina facic evil
dence Of such embczzlemcnt. And upon
the trial Of any such o,iicer or person for
embezzling public money under the provi.
sions Of this act, il shall be sufficient evi
dence for the purpose Of showing . balance
against such officer or person. to produce Il
transcript from the books of the Territorial
Auditor or Territorial Treasurer, or The
| County Clerk. or. tie records IF the Com.
nlissio;ers OF the codn.y. township trus.
tees, city;or village council pr other c0rpo'
rate authority; and the refusal Of any such
| officer or person, whetherin or gu! OF Office,
TO pay any draft order or warrant whlc!
! may be drawn upon him Ivy the proper 0tli'
Ger, for any public money IN his hands, ~
matter in what capacity the same may have
| been received or may have been held by
him; or any refusal by any person or pub
his successor any pnbiic moneys or sccurl
ties promptly on the legal requirement oil
any authorized officer of the Territory,
county or other municipal or corporate au'
| thDrity, shall be taken on the trial of any
Indictment against such officer or person fol
esnbczzlement. .u*i. 1at@a. D." .a..
| Sec 2. All Acts and parts of acts rcla
ting to embezzlement and prescribing ,ht
punishment tor said crime he and the same
are hereby repealed; but all acts committed
and prosecutions pending or any, violation
of its provisions prior to it's repeal, shall bt
prosecuted to final conviction and sentence
rs if the same had not been repealed.
! SEC, 8. This set shall take effect and be
| in force from and after ifa nassave