The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-06-08
SECTION Do, ACT AZ, OF 1871.
ABOVE REFERRED TO.

Be it enacted, etc, That if any officer or other
person charged with the collection, receipt, safe.
keeping, transfer or disbursement OF the public
money, or any part thereof. belonging to the
sge in this State, shall fail TO pay over The same
according to law, or shall convert to his own 49,
or the use OF any other person or persons, BODY
corporate, association or party whatever in apy
way whatever or shall use, by way OF in vestment
in any kind of security, stock loan, property,
land or merchandise, Or in any other manner or
form Whatever: or shall loan, with or without
interest, to any company or corporation. aseocia-
ton or individual; Ur shall deposit with any com
pany, corporation or individual, ercea The bank
selected by proper authority n mich 10 de- de.
posi- the funds Of The Snte, any por-
ton of the public money, Or any other
funds, property, bonds, securities, assets or
effects, of any kind received, controlled or held
by him for safe- keeping transfer or disburse-
ment, or in any other way or manner or for any
other purpose, or, ii any person shall advise aid
or in any manner participate in such act. every
such act cha II be deemed and held in the law to
be an ENLIGHTENMENT OF so much Of the said
moneys and other property as aforesaid, az shall
be thus converted, used, invested, loaDed, de-
posted or paid out as aforesaid, which Is here by
declared to be high crime and misdemear or,
and upon indictment and conviction thereof
before any court OF this state having
competent jurisdiction, such officer or person
or persons shall be sentenced to i'm
prisonment in the Penitentiary, and ke ut
ut hard labor for term OF no less tnan one year
nor more than twenty one years, according to the
magnitude of the embezzlement, and also to a
fine equal to double the amount OF money or
property 30 embezzled as aforesaid and the
judgment inflicting the fine, when duly record ID,
shall operate as mortgage On all of the estate
Of the person so convicted and sentenced, for the
use only oil the party or parties, person or per-
sons, whose money or other funds, property
bonds or securities assets effects OF any kind
| as aforesaid, shall have been 30 embezzled;
corded by the clerk OF the court
in favor Of such person or persona party or par
ties and 10 all cases such fine 30 operating as a
judgment shall only be released or entered as
satisfied by the party in interest, SO aforesaid
Any failure or refusal to pay over or to produce
The public money. any part thereof by any Off
Ger or other person. under this act, charged with
the collection, receipt, transfer, disbursement or
safe-keeping OF the public money, or any part
thereof, whether belonging to the State, or any
parish, organized city, or incorporated village
in this State, or any other public money
whatever; on any failure to account to or
make settlement with, any proper and legal au-
thority, OF the official accounts OF such officer or
person, shall be held and taken as prima facie
evidence of such embezzlement. And upon the
trial Of any such officer or person for embezzing
public money under the provisions of this act, il
| sha1l be sufficient evidence for the purpose of
showing balance against such officer or person
to produce Transcript from tbs book of the
Aud tor of Public Accounts or the recorder of the
parish, the records CT the police juries of the
several parishes Of this State, or the officer or
officers having charge OF the records OF any Or
ganzed city or incorporated village in this otate
| and the refusal OF any such officer or person,
whether in or out of office, to pay any draf g,
der or warrant, which may be drawn upon him by
the proper officer, in the manner required 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 public officer to pay over to his sue
cessor any pubic moneys or Be turtles promptly,
on tbs legal requirements of any au Ihorized Off
Ger of the Stats parish, city or Incorporated viii
lage, shall be taken on the trial Of any ipdict-
ment against such officer or persons for embez-
element, as prima faeie evidence Of such en-
bezzlemens, je8 1w