The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-09-25
Published September ed. Is7Il
AN AdsF.

To provide for the publication of state
ments showing the condition Of county
treasures and examination of the same
and to prevent the improper use of pub,
nc moneys, and for the punishment
thereof.
Re it enacted 5g the Legislature OF the
State Of Kansas:
Section l. That from aud after
the passage OF this act il shall be
the duty of the county treasurer in
each county, on the first MONDAYS
of January, April, July and October
in each year, to make q statement
showing the amount of money in
the treasury and the different funds
to which it beloags, the amount of
funds of the state, county, and each
township and school district in the
county being clearly set forth, and
in all cases the sinking funds shall
be given separately from the gener-
al funds.
Sec. ?. The statement made. as
provided in the first section of this
act, shall be signed and sworn TO by
the treasurer, and any treasurer
who shall swear falsely in any such
statement shall be guilty OF perjury,
and on conviction shall be confined
in the penltentiary fer one year and
his Office declared vacant.
Sec. ). 1t shall be the duty of the
probate judge i'll each county once
during each quarter of each year,
without notice TO said county treas
urer, to examine and count the
| funds in the hands OF the county
treasurer. and the county commits
| sioncr of each county shall, prior TO
each examination. appoint two per-
sons, citizens and taxpayers of the
| county, whose duty il shall be TO
assist the probate judge in making
the examination aforesaid, but no
person so appointed shall act as eX-
aminer more than once in the same
year.
See. 4. If the probate Judge and
the examiners find the funds in The
treasury, they shall so certify in s
report TO be filed with the county
clerk and make oath to the same
and il they find deficiency o.
funds iii the treasury they shall re-
port the facts Immediately in writ
ing to the county clerk, and the
county clerk shall imne 3iately no
tify the county commissioner of thu
filing OF said report, and the count,
commissioners shall meet forthwith
and take such action as may be nee
| cssary TO preserve and protect thu
funds of the county, and also Il
take any other action that may il
the judgment of the commission
ers be necessary and proper to pro
tect the public interest, including
the power to suspend or remOv,
such treasurer and the appointment
OF some competent person to dis
charge the duties of such treasure
during the time of such suspension
or for the uneXpircd term in case o
q removal, and The person so SIP
pointed shall give y good and SUI
ficient bond, to be approved by tn
county commissioners.
Sec. D. The statement OF tia
county treasurer, when completed
shall be published once in the of
fetal newspaper of The county AM
a copy thereof posted Oh the insid
of the door of the treasurer's Office
See. 6. Should any county treas
urer neglect or refuse to make ant
publish the statement provided 70
in this act, he shall be liable TO
fine OF not less than twenty iV
dollars fer each and every day h
shall refdse or neglect to make sue
statement, to he recovered by a.
action ut law against such treasurer
said action to be brought i'm tn
name of the board of county com
missiOnoTs of the proper county.
Sec. Z. If the probate Judge shall
neglect or refuse to perform the du
| ffnc f.nnnrn1 I1- fI,f.s OF In yl,ol ],
liable to n fine OF FIVE hundred dol
lars for each quarter he shall re
fuse Or neglect to perform tn
same, to he recovered by all actio
at law against such judge, said &C
ton to &c brought in the name O
the board of county commissioner
of the proper county.
Sec. s. The probate judge ant
{ the examiners appointed rs afOre
, said, shall each be entitled 10 a fc
of two dollars per day for each da
necessarily employed in making tn
y examinations as aforesaid.
Sec. 3. That no probate Judge o
examiner shall at any time be per
q mitted TO act as an assistant or dep
, uty co 1nty treasurer.
Sec. 10. That any county treas
urer who shall use or loan TO an
corporation, company or individual
or shall permit any corporation
company or individual TO use an,
public money coming into his pos
session or under his control from
any source whateYer, by virtue o
his official position, shall be deem
ed guilty of Il felony, and upon con
, victien of violation of any of tn
provisions of this section shalt b
imprisoned in the state penitentiar'
at hard labor for a period of no
less than three nor more than tel
years, and by fine not less than ON,
thousand dollars nor greater thai
twenty thousand dollars, or by boil
such fine and imprisonment.
Sec. IL. This act shall take cflec
and be in force from and after il
publication once i'm the Daily Com
monwcalth.
Approved September 2Ist, 1874
L.W. II. SmaIIwood, secretary o
stale of the state of Kansas, dC
hereby certify that the foregoing i!
q true and correct copy of The orig
inal enrolled bill on file in my OF
| flee.
IN testimony whereof ] have
hereuntO subscribed my name and
affixed the great seal of state
Done ut Topeka this 2lst day q
September, a. ID. 1874.
w. III. SMALLwooD,
| Secretary of State.