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

REPORT Or Tsz8 REFERE9S
u lA0 ease - Hover County
-. 0ylvossor 00ieh, 0loA d. the
CtofkS OGloe, Aug. 7lA, 107o.
STATE OF MINNESOTA,
County Of Mower.
District Court, 9Th Judicial District.
The Board Of County Commissioners Of the
county Of Mower, Mtua, Plaintiff,
against
Sylvcstcr Smith, Defendant.
To the District Court IN and /or tie
Co.",y Of Aooer, State Of Ai"-
aesota.
This action having been referred to
Oru.anso Allen, VIM. G. Hayden aud
Geo. p. Wilson, by order Of this Court,
fled tic 24th day Of July. A. d., 1873,
aud BY consent Of the parties thereto,
to hear aud determine all the issues
therein, and tho said referees having
been first duly sworn to faithfully and
fairly hear aud examine said action, and
to make just aud true report therein,
respectfully report:
that on the 23d day Of April, A.
D., 1873, said action was duly brought
to trial, before the said referees, At the
Court House, in the city of Austin, in
tho county Of Mower, State of Mime
sots, Meesrs. Geo. w. Batchelder and
E. ., Wheeler, attending 40 Counsel
for the plaintiff in said action, aud
Messss. 4. A.. Jones, G. f. Coo aud
Cameron l. johnson, attending a. Coun.
eel for the defendant in said action and
having duly heard and considered &be
allegations and proofs Of tho parties,
aud the arguments Of the respective
counsel, w find a. matters Of fact
Let. That on or about the month Of
November. a. D. 1861. The defendant
vas elected Treasurer Of aid county Of
Mower that he qualified and entered
upon the duties Of said Office on or
about the first day Of March, A. D.,
1862, and from said last mentioned date
until tho 18th day Of March. A: D.,
1869, he occupied and performed the
duties Of that Office. :
I'd. That while acting As such Treas
urer, aud between the said Let day Of
March, A. D. 1862, and the 18th day
Of March, 1869, the defendant collect
ed and received ~ such Treasurer, from
tho property owners, and Taxpayers Of
ssid Blower county, for the purposes de-
signatsd upon the eaid tax duplicates,
tho sum Of two hundred aud ninety
six thousand seven hundred 6ity-seven
9l-100, (@296, 757.91) dollars.
Sd. That during the time he was 20
acting - Treasurer Of Mower county,
tho defendant received and collected -
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, 38.100 dollars aud upon prom
issosy notes belonging to said Mower
county, tho Sum of two hundred and
ten dollars and from his predecessor
in said Office Of Treasurer the sum Of
four thousand eight hundred fifty. three
64-lO0 Ce4,85354) 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 nine thousand Sow
en- bundled and sixty-eight, 100 dol
lars.
s. That tho defendant, while 20 act
ing q Treasurer of said Mower county,
collected and received - such Creasu.
rer ~ interest and penalties upon the
redemption Of delinquent lands, for.
feited to the Stat, for the non-payment
Of taxes, the sum Of three thousand
and nin.ty.6ve dollars and sixty-four
cents. e..:
:: 9Th. That all the monies 20 collect
I'D and received by the defendant, Al
designated and set forth III the findings
Of fact herein, from two to five inclu-
sive, were tho monies belonging to aud
in the treasury Of said county Of Now
er, and the several funds Of the said
Ire .sury Of said Mower county.
7th. That the said defendant, du-
ring the time he was Treasurer of said
county Of Mower, paid out and disbur-
ssd ~ such Treasurer, for said Mower
county, in all, the sum Of two hundred
aud seventy-five thousand niue hundred
and twelve $500 75,91273) 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 ~ 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,
az Treasurer of said county, in addition
to the amount last above named, mon
~ aud funds amounting to twenty three
thousand twenty-five aud 24-10Q, $685.
022.24 dollars, which amount the de-
fendaut then aud there claimed and
represented to the County Commission
ers Of said county aud to his said sue.
cessor, in said Office, TO be all Of the
money and funds then in or belonging
in OF to the said Treasury or County,
from the defendant, aud al the money
aud funds taken and received by him,
during his terms of of6c.' 10 Treasurer,
aforesaid, which had not been properly
disburssd and paid out by him, which
represent atoms were incorrect and un-
true.
9Th. That the amount Of money
aud funds 50 taken. collected and re-
ceived by tho defendant a such Treas
urer, belonging to said Mower county,
and in the said county Treasury, ex-
ceeds the whole amount paid out and
disbursed BY him, a. Treasurer, for the
county, together with the amount so
paid and turned over, to said Solomon
Snow, bis successor in Office, in the sum
Of seventeen thousand one hundred