Examination

warrants.

and on redeeming any such bill, draft or warrant, or on receiving the same in payment, he shall cause the person presenting such bill, draft or warrant, to endorse the same, and the treasurer shall write on the face thereof the word " redeemed," and shall enter in his books, in separate columns, the number, date, amount, the name of the person to whom payable, the appropriation on account of which it is drawn, the date of payment, and the amount of interest, if any, paid thereon.

SEC. 10. The treasurer shall file and preserve in his office of drafts and all drafts and warrants by him paid, and on the first Monday of March, June and September, and on the second Monday of November annually, he shall, in the presence and with the assistance of the auditor and attorney general, carefully compare the same with the entries in his books as required by the ninth section, and if it shall be found that such entries are correct and truly describe such bills, drafts and warrants, they shall certify the same in said books, and a copy of such entries on the books of the treasurer and of the certificate of the auditor, treasurer and attorney general, shall be deposited in the office of the auditor, but if there should be found any material discrepancy between the entries made as aforesaid, and the bills, drafts and warrants vouching the same, such discrepancy shall be forthwith reported by the auditor to the general assembly, if in session, and if not, to the governor by a special communication.

No moneys to be paid unless appropriated.

Security for deposits.

SEC. 11. No money shall be paid out of the treasury unless the same shall have been appropriated by law to the purpose for which it shall be paid, and every such payment shall be charged both by the auditor and the treasury against such appropriations.

SEC. 12. No money belonging or duc to the state shall be deposited, placed or kept by the treasurer, or by his direction, order or assent, elsewhere than in the treasury office at Columbus, without taking, in every instance, security therefor, either by the pledge of United States or Ohio state stocks, when it is practicable to obtain such security or by the bonds of individual residents of the state of undoubted pecuniary responsibility, all which securities shall be given to the state of Ohio, shall be deposited in the office of the auditor and shall be for the benefit of the state as collateral security to the treasurer's bond as well as for his benefit, and in case of default on the part of any depositary, and the treasurer or his securities being compelled to make up any deficiencies arising therefrom, he or they shall have the benefit of said securities, provided that the taking of such securities shall in no wise release from any liability in regard to the money so deposited which would otherwise attach to or rest on him or them, and provided, also, that

before any such deposit shall be made the name and place of the depositary, the terms and conditions of the proposed. deposit, and a description of the kind and amount of the securities to be taken with the names of the securities shall be communicated in writing to the auditor and the attorney general and their approval endorsed thereon.

treasurer's office.

SEC. 13. The auditor shall, alone, or in conjunction with Examination such person as the governor shall appoint for that purpose, of papers of between the first day of September and the first day of November in each year, and at such other time or times as he shall deem necessary, carefully examine the books, accounts, vouchers, official correspondence, certificates of deposit, and documents in the office of the treasurer, relating to the receipt, disbursement, deposit or custody of the moneys of the state, or any part thereof, and shall carefully count all the moneys remaining in the treasury, and shall also ascertain the sums or balances actually due the state on account of moneys deposited or kept elsewhere than in the treasury office at Columbus, and the responsibility of the depositaries thereof; he shall also ascertain the terms and conditions on which every such deposit of money shall have been made, whether actually agreed upon or understood, and especially whether any, and if any, what consideration, by way of interest or otherwise, shall have been stipulated for, received, or shall be expected by the treasurer, or by any other person for or on account of any such deposit.

SEC. 14. To enable the auditor to make the examinations Same. required by this act, the treasurer shall, on the demand of the auditor, submit to his full and unrestricted examination, all the books, accounts, vouchers, certificates of deposit, and all other evidences of moneys deposited to the credit or subject to the draft of the treasurer, and all the official correspondence in their office or possession, or subject to their control, and the treasurer shall, moreover, on oath to be administered by the auditor, make full, true and explicit answers in writing, to all questions put to him by the auditor or by his direction touching the receipt or the payment and touching the deposit of moneys belonging to the state. And the auditor may examine or cause to be examined on oath, any or all book keepers and clerks in the treasurer's office and depositaries of moneys belonging to the state, all their clerks, book keepers and agents touching the payment of moneys into or out of the treasury, or of moneys remaining therein or touching the deposit of moneys belonging to the state, elsewhere than in the state treasury at Columbus.

SEC. 15. It shall be the duty of the governor, whenever Governor may requested by the auditor, to appoint some competent and appoint persuitable person to assist him in making any such examina- auditor. tion, and to direct such examination to be made by the

15-LAWS.

son to assist

Facts to be communica

auditor, with the assistance of some competent and suitable person, to be appointed by him for that purpose, whenever he shall deem such examination necessary to secure the safety of the moneys of the state, or the correct and systematic manner of accounting for the same.

SEC. 16. All the material facts ascertained by the examinations prescribed by this act, shall immediately on the close ted to gover- thereof, or as soon thereafter as shall be practicable, be communicated to the governor, who shall lay the same before the general assembly at the commencement of its next ensuing session.

aor.

Injunction or mandamus

when treasurer has done, or

is about to do

injury to state.

Auditor to as

certain amount due sinking fund.

In case of ex(piration of ⚫term, death,

resignation or removal of

treasurer.

SEC. 17. If from any such examination, or from any other satisfactory evidence, the governor shall ascertain that the state shall have suffered any damage, or shall be in immediate danger of any injury or damage from any illegal act done, or about to be done, by the treasurer, or from his neglecting or refusing to comply with any requirement of law touching the receipt, keeping or paying out of any money belonging to the state, or the keeping and rendering accounts thereof, or shall have taken insufficient security for any money deposited elsewhere than in the treasury office at Columbus, it shall, in every such case, be the duty of the governor to direct the attorney general forthwith to institute the proper proceedings in the court of common pleas of Franklin county to restrain the treasurer from all such illegal acts, or to compel him to act in compliance with the provisions of law prescribing such acts as the case may require, and in case the security taken from any depositary of money belonging to the state is found to be insufficient, it shall be the duty of the treasurer immediately to remove the deposits, unless further sufficient security be given, and such security shall be subject to the same conditions as provided in section thirteen of this act.

SEC. 18. It shall be the duty of the auditor quarterannually, on the 15th day of March, June, September and December, (or if any such day should be Sunday, then on the day previous,) to ascertain the amount of money in the treasury belonging to the sinking fund and draw on the treasurer therefor in favor of the acting commissioner of said fund, specifying in every such draft the source or sources from which the money so drawn for was derived.

SEC. 19. Whenever the term of office of any treasurer shall have expired, or he shall have resigned, died, or have been removed from office, he, (or in case of his death or incapacity, his legal representatives,) shall immediately make a full settlement with the auditor of, and concerning all moneys paid, into and out of the treasury since the last previous settlement with the auditor of, and concerning the same, which settlement shall be so made as clearly to exhibit on what account, and for what purpose each payment, either

into or out of the treasury, shall have been made, and in case of payments out of the treasury, on account of what appropriation every such payment was made, and the auditor shall certify to the incoming treasurer the several sums to be paid over to him, by the outgoing treasurer on account of each appropriation that shall not have been fully paid, and also the sum to be paid on general accounts; and the outgoing treasurer, or his legal representatives, shall forthwith pay over to his successor the several sums so certified, and also deliver to him all the books, accounts, vouchers, official papers and correspondence of whatsoever kind, and neither the outgoing treasurer nor his sureties shall be discharged from his or their liability to the state until such settlement, payments and delivery of books, accounts, vouchers, and other papers herein before enumerated, shall have been fully made.

66

SEC. 20. Wherever the word "treasurer" is used in this act, it shall be understood to mean treasurer of state;" wherever the word "treasury" is used, it shall be understood to mean "state treasury," and where the word "auditor" is used, it shall be understood to mean "auditor of state." N. H. VAN VORHES, Speaker of the House of Representatives. THOMAS H. FORD,

President of the Senate.

Definitions.

April 8, 1856.

SECRETARY OF STATE'S OFFICE)

COLUMBUS, June 2, 1856.

I hereby certify that the foregoing acts are correctly copied from the original rolls on file in this office.

JAMES H. BAKER,

Secretary of State.

SECRETARY OF STATE'S OFFICE,)

COLUMBUS, June 4, 1856.

The act "to amend and supplementary to an act entitled an act to prevent the adulteration of alcoholic liquors, passed May 1, 1854," found on page 161 of this volume of laws, although enrolled and signed by the presiding officers of both branches of the legislature, failed to receive a constitutional majority in the house. The act therefore is null and void, and the law remains as it was passed May 1, 1854. The following from the clerk of the senate fully explains the matter.

JAMES H. BAKER,
Secretary of State.

Among the bills introduced into the senate of Ohio, at its late session, and passed by that body, was one "to amend and supplementary to an act entitled an act to prevent the adulteration of alcoholic liquors, passed May 1, 1854." This bill, though having a majority on its passage in the house, failed for want of a constitutional number of votes in its favor. By some oversight in the last days of the session, this bill got into the hands of the enrolling clerks and was enrolled, reported to both houses as enrolled, and was duly signed by the two presiding officers. It was deposited with the secretary of state, and was published as one of the laws of the state, and will be found on the 161st page. The journals of both the senate and house show that it did not pass, and of course it is a mere nullity. It proposes to amend the law requiring an inspection of liquors, by compelling the inspector to keep a record of the liquor inspected-to put his mark upon the barrels, &c., and if he finds any adulterated liquor, he shall notify the prosecuting attorney, who shall institute proceedings and destroy the liquor. It regulates the fees of the inspector, and provides a fine of from $10 to $100 for resisting, abusing or impeding that officer in the performance of his duty, with imprisonment in the county jail.

W. T. BASCOM,

Clerk of the Senate.