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2d Session.

Treas. Dept.

BALANCES ON BOOKS OF THE TREASURY.

LETTER

FROM THE

COMPTROLLER OF THE TREASURY,

TRANSMITTING

A list received from the Register, of balances on the books of the Treasury which have remained unsettled by receivers of public money more than three years prior to the 30th of September, 1836.

FEBRUARY 13, 1837.

Read, and laid upon the table.

TREASURY DEPARTMENT, Comptroller's Office, Feb. 8, 1837.

SIR: In compliance with the provisions of the act of Congress, passed March 3, 1809, entitled "An act further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments," and of the act passed March 3, 1817, entitled "An act to provide for the prompt settlement of public accounts," I have the honor to transmit, herewith, a list, received from the Register of the Treasury, of the balances standing on the books of the Treasury which have remained unsettled by receivers of public moneys, or appear to have been due more than three years prior to the 30th of September, 1836.

I have the honor to be, sir,

Very respectfully, your most obedient servant,
GEO. WOLF, Comptroller.

The Hon. JAMES K. POLK,

Speaker of the House of Representatives.

Bar & Rives, printers.

LIST of balances due by receivers of public moneys on account of sales of public lands, which have remained due or unsettled on the books of the Treasury for more than three years prior to the 30th of September, 1836.

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Remarks by the Solicitor of the Treasury.

Judgment against the principal at July term, 1827, for $9,909 96. He died insolvent in 1829. His estate was sold, under execution, on the 15th of May, 1830, for the sum of $2,423 11. Upon the last settlement of his account, in June, 1834, the balance was reduced to $9,348 87, exclusive of interest from the 15th of May, 1830. At July term, 1834, of the United States district court for the district of Ohio, judgment was rendered in favor of Matthew Myers, one of Wilson's sureties; bill of exceptions taken, and carried by writ of error to circuit court, where it is still pending. Attorney's report, July, 1836.

Suit ordered October 13, 1825, in the district of Kentucky, against all the parties to the bond, for $10,403 45, but was reduced by subsequent settlements up to July, 1827, to $5,738 80; judgment at May term, 1829, for $5,738 80, with interest from the 6th of October, 1826, till paid. Ba lance reduced in August, 1836, to $2,403 69, including interest up to the 12th of August, 1836, the date of last payment. This balance is made secure by a levy on property sufficient to cover it. Marshal's report, August, 1836. "Suit ordered July 16, 1830, against principal and sureties for $6,919 72; judgment November term, 1830, for $7,568 55, with interest from December 18, 1830, till paid. The district attorney, was instructed September 10, 1831, to sus-. pend proceedings against John Fishli, one of the sureties in this case, and to file a bill of discovery against the other sureties, who had placed their property beyond the reach of the Government; and, if any property should be given up by them, to cause it to be sold on a credit of one, two, and three years. Balance reduced by a settlement in 1833

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168 86 Entitled to further credits.
1,060 95

to $5,016 72, exclusive of interest. The district attorney
advises, by letter dated April 13, 1835, that he will call on
Mr. Fishli for a statement of facts in this case, and, should
it still be thought the best course to file a bill in favor of
the United States, that he will proceed to do so."
"Suit ordered December 17, 1830, against the principal and
his sureties for $17,542 61. Balance reduced, by subse-
quent settlements up to February, 1832, to $13,520 41;
judgment December term, 1832, against William L. D. Ew-
ing, the principal, and E. C. Berry, surety, for $15,142 85,
with interest from 5th of December, 1832, till paid.
Instructed the district attorney, March 18, 1834, to suspend
proceedings on the judgment rendered in this case, so long
as Ewing, the principal, shall continue the payment of
$2,000 a year, until the whole amount of the judgment is
satisfied. A judgment was also obtained in the United
States circuit court for the district of Kentucky, at Novem-
ber term, 1834, against Thompson M. Ewing, one of the
sureties in this case, for $3,870 and costs; of this last men-
tioned judgment, the sum of $2,200 was deposited on the
8th of August, 1835, to the credit of the Treasurer of the
United States, by the district attorney of Kentucky."
Suit ordered April 13, 1826, for $32,830 55. Balance reduc-
ed, by a subsequent settlement in December, 1826, to
$20,631 86; judgment against the principal at September
term, 1828, for $26,112 12. The suit against the adminis-
trator of John Rice Jones, surety of Strother, is still pend-
ing. Balance increased to $27,051 64, including interest
up to May 15, 1834, the date of last settlement. Bill in
chancery to foreclose a mortgage given by Mr. Strother to
secure the payment of this claim. The bill in chancery to
foreclose a mortgage, continued at September term, 1835,
on affidavit of defendant.

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Suit ordered May 21, 1835, against the principal, in the dis-
trict of Kentucky, for the recovery of $1,060 95; surety
not liable under the act of 15th of May, 1820, the bond
bearing date April 17, 1820. Judgment against principal
at November term, 1835, for $1,060 95, with interest-from
the 22d of February, 1831, till paid. Execution returned
by marshal; "no estate found."

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