Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1873-08-14

REPORT Or THE 0EFE8EeS
Ia tho ease ~ MoWer County
-. 0ylvessor 1ulsh, 0l0A u tho
CLERKS OGioe, Aug. 7sh, 1879.
STATE or M1NNEsoTA,
County Of Mower. !
District Court, 9Th Judicial District.
The Board Of County Commissioners Of tho
county Of Mower, Mimi, Plaintiff,
against
Sylvester Smith, Defendant.
To the District Court IL and for the
County Of Aosoer, State Of Mt"-
Mesola.
This action having been referred to
Orn.anso Allen, Wm. G. Hayden and
Geo. p. Wilson, by order Of this Court,
6led tic Gath day Of July. A. D., 1873,
aud by consent Of the parties thereto,
to hear and determine all tho issues
therein, and tho said referees having
been first duly sworn to faithfully and
fairly hear and examine said action, and
to make q just and true report therein,
respectfully report:
that on the 23d day Of April, A.
D., 1873, said action Was duly brough t
to trial, before tho said referees, At tho
Court House, 10 the city OF Austin, 10
tho county Of Mower, State Of Mime.
sofa, Meesrs. Geo. w. Batchelder aud
E. u. Wheeler. attending a. Counsel
for the plaintiff in said action, and
Messrs. Il. A: Jones, G. f. Co:s and
Cameron & Johnson, attending Is Coun-
eel for the defendant in said action, and
having duly heard and considered the
allegations aud proofs Of the parties,
aud the arguments Of the respective
counsel, w find as matters Of fact ::
Let. That on or about the month Of
November, a. D. 1861: tho defendant
Wa elected Treasurer Of aAid county Of
Mower F.; that he qualified and entered
upon the duties Of said Office on or
about the first day of March, A. D.,
1867, and from said last mentioned date
until tho 18th day Of March. A: D.,
1869, he occupied aud performed the
duties Of that Office.
I'd. That while acting as such Treas
urer, and between the said let day Of
March, A. D. 1862, and the 18th day
of March, 1863, tho defendant collect
ed and received rs such Treasurer, from
the property owners, and Taxpayers Of
said Mower county, for the purpose de-
signatsd upon the eaid tax duplicates,
the sum Of two hundred and ninety
six thousand seven hundred fifty seven
9l.lO0, (4296, 757 .91) dollars.
Sd. That during the time he was 20
acting - Treasurer Of Mower county,
tho defendant received and collected 10
such Treasurer, fines to the amount Of
twenty-eigh. and 60-100 dollars; and
for licenses, the sum Of twelve hundred
and fifty dollars; and from the sale Of
estrays, the sum Of one hundred and
fifteen, 38.l00 dollars; and upon prom
issory notes belonging to said Mower
county, tho Sum Of two hundred and
ten dollars and from his predecessor
in said Office of Treasurer tho sum Of
four thousand eight hundred 6fty-threc
64-1O0 (&4,853.54) dollars.
4th. That while acting - such
Treasurer Of said Mower county, the
defendant received add collected a. such
Treasurer, FROM the State Treasurer Of
the State Of Minnesota, current school
funds apportioncd to said county Of
Mower, the sum Of niue thousand sew
en- bundled and sixty-eight, 97-1O0 DOL
lars.
5. That the defendant, while 20 act
ing % Treasurer Of said Mower county,
collected and received % such Treasu-
rer a. interest and penalties upon the
redemption Of delinquent lands, for.
feited to the State, for the non-pay ment
of taxes, the sum of three thousand
and ninety.6ve dollars and sixty-four
cents.
9Th. That all the monies 20 collect-
cd aud received by the defendant, Al
desi grated and set forth iu the findings
Of fact herein, from two to five inclu-
sive, we're the monies belonging to and
in the treasury Of said county Of Now
er, and the several funds Of the said
Tre4sury Of said Mower county.
7th. That the said defendant, d.
ring the time he was Treasurer of said
county Of Mower, paid out and disbur-
ssd a. such Treasurer, for said Mower
county, in al, the sum Of two hundred
aud seventy-6ve thousand niue hundred
and twelve $500 ($275,912.73) dol
lars, which VAS paid out and diebursed
by him from time to time, out of the
monies so received, kept and held by
him AZ such county Treasurer.
9Th. That on the 18th day Of March,
1869, when the defendant resigned the
said Office Of Treasurer Of said Mower
county, he paid and turned over to one
Solomon Snow bis successor in said Office
as Treasurer of said county. in addition
to the amount last above named, mon.
ey aud funds amounting to twenty three
| tuOuoOuO s"ouCy~s"O 0Uu S3'AVys tVSO,
022. 24) dollars, which amount the de.
PENDANT then and there claimed and
represented to the County Commission
ers of said county and to his said sue
cessor, in said Office, to be all of tn.
money aud funds then in or belonging
in OF to the said Treasury or County
iron. the defendant, and al the none,
aud funds taken and received by him
during his terms of oficu 10 Treasurer
Aforesaid, which had not been properl,
disbursed and paid out by him, which
represent atoms we're incorrect aud IN
true.
9Th. That the amount Of money
and funds 50 taken. collected and re
ceived by tho defendant ~ such Treas
urer, belonging to said Mower county
and in the said county Treasury, OK
ceeds the whole amount paid out ant
disbursed BY him, a. Treasurer, for tn.
county together with the amount s,
paid and turned over, to said Solom
Snow, bis successor in Office, in the sun
Of seventeen thousand ono hundred