Pennsylvania Act 1846-346 — DEFAULTING PUBLIC OFFICERS

Act text

DEFAULTING PUBLIC OFFICERS
                 Act of Apr. 21, 1846, P.L. 413, No. 346              Cl. 72
                               A SUPPLEMENT

     To the law relating to defaulting public officers.

        Compiler's Note:  Section 2 of Act 53 of 1978 provided that
            Act 346 is repealed except for sections 5, 6, 8 and 9
            which were saved from repeal.
        Section 5.  That all accounts of county treasurers, or duly
     certified copies thereof, heretofore or hereafter settled or
     stated by the auditor general, shall be received in evidence in
     all suits brought, or that may be brought by authority of any
     law, against any such treasurers or their sureties, and the same
     shall be considered as good and valid, as if the same had been
     duly settled by the county auditors.
        Section 6.  That all official bonds hereafter given by any
     clerk of either branch of the legislature, or by any county
     treasurer, or by any brigade inspector, or by any officer on the
     public works, shall not be deemed invalid, on the ground, that
     the same may not have been approved by the proper officer or
     officers, as directed by law; but the same are hereby declared
     to be as good and valid in law, against said public officers and
     their sureties, as if said bonds had been executed and approved
     in due form of law; and no mistake in the bond of any collector
     or other public officer, as to the name of the officer described
     in the instrument intended for his official bond, shall in
     anywise invalidate such bond, but the same shall be considered
     to apply to the officer, whose office was intended to be
     described in such bond.
        Section 8.  That in addition to the general powers of the
     auditor general, over accounts confined by existing laws, it
     shall be the duty of said officer, from time to time, to re-
     settle and correct all accounts of public officers, where it may
     appear from such accounts in his office, or from other
     information in his power, that errors exist in any of said
     accounts, prejudicial to the interests of the commonwealth; but
     in no case shall the amount of the balance of any such account
     be reduced, except in the cases, and within the time heretofore
     authorized by law for re-examining accounts: Provided, That this
     section shall not be construed to apply to accounts settled and
     examined prior to the first day of January, eighteen hundred and
     forty.
        Section 9.  That in all suits brought, or which may be
     brought by the commonwealth, under authority of law, against any
     defaulting officer or his sureties, interest shall be allowed
     and computed in favor of the commonwealth, from the time the
     public money sued for came to the hands, or should have been in
     the hands of such officers.