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may hereafter be issued by virtue of any Act of Congress, with the intent that the same be passed, published, or used as true and genuine, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both.

for.

Punishment

False person

ation of holder

stocks.

ch. 65, sec. 18,

SEC. 5435. Every person who falsely personates any true and lawful holder of any share or sum in the public of public stocks or debt of the United States, or any person entitled 3 Mar., 1825, to any annuity, dividend, pension, prize-money, wages, or vol. 4, p. 120. other debt due from the United States, and, under color of such false personation, transfers or endeavors to transfer such public stock or any part thereof, or receives or endeavors to receive the money of such true and lawful holder thereof, or the money of any person really entitled to receive such annuity, dividend, pension, prize-money, wages, or other debt, shall be punished by a fine of not. more than five thousand dollars, and by imprisonment at hard labor not more than ten years. (Amended, 35 Stat. L., 1095.)

on fraudulent

ney.

SEC. 5436. Every person who knowingly or fraudu- False demand lently demands or endeavors to obtain any share or sum power of attor in the public stocks of the United States, or to have any Ibid. part thereof transferred, assigned, sold, or conveyed, or to have any annuity, dividend, pension, prize-money, wages, or other debt due from the United States, or any part thereof, received or paid by virtue of any false, forged, or counterfeited power of attorney, authority, or instrument, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. (Amended, 35 Stat. L., 1995.) Section 5437, as codified in section 174 of the Penal, Circulating bills of expired Code of the United States, March 4, 1909 (35 Stat. L., banks. 1122):

In all cases where the charter of any corporation which has been or may be created by act of Congress has expired or may hereafter expire, if any director, officer, or agent of the corporation, or any trustee thereof, or any agent of such trustee, or any person having in his possession or under his control the property of the corporation for the purpose of paying or redeeming its notes and obligations, shall knowingly issue, reissue, or utter as money, or in any other way knowingly put in circulation any bill, note, check, draft, or other security, Punishment purporting to have been made by any such corporation whose charter has expired, or by any officer thereof, or

for.

Circulation permitted.

embezzling

purporting to have been made under authority derived therefrom, or if any person shall knowingly aid in any such act, he shall be fined not more than ten thousand dollars, or imprisoned not more than five years, or both. But nothing herein shall be construed to make it unlawful for any person, not being such director, officer, or agent of the corporation, or any trustee thereof, or any agent of such trustee, or any person having in his possession or under his control the property of the corporation for the purpose hereinbefore set forth, who has received or may hereafter receive such bill, note, check, draft, or other security, bona fide and in the ordinary transactions. of business, to utter as money or otherwise circulate the

same.

Secreting or Section 5453, as codified in section 155 of the Penal tools and ma- Code of the United States, March 4, 1909 (35 Stat. L.,

terials for

printing securi-1117) :

ties.

Whoever, without authority from the United States, shall secrete within, embezzle, or take and carry away from any building, room, office, apartment, vault, safe, or other place where the same is kept, used, employed, placed, lodged, or deposited by authority of the United States, any bedpiece, bedplate, roll, plate, die, seal, type, or other tool, implement, or thing used or fitted to be used in stamping or printing, or in making some other tool or implement used or fitted to be used in stamping or printing, any kind or description of bond, bill, note, certificate, coupon, postage stamp, revenue stamp, fractional currency note, or other paper, instrument, obligation, device, or document, now or hereafter authorized by law to be printed, stamped, sealed, prepared, issued, uttered, or put in circulation on behalf of the United States; or whoever, without such authority, shall so secrete, embezzle, or take and carry away any paper, parchment, or other material prepared and intended to be used in the making of any such papers, instruments, obligations, devices, or documents; or whoever, without such authority, shall so secrete, embezzle, or take and carry away any paper, parchment, or other material printed or stamped, in whole or part, and intended to be prepared, issued, or put in circulation on behalf of the United States as one of the papers, instruments, or obligations hereinbefore named, or printed or stamped, in whole or part, in the similitude of any such paper, instrument, or obligation, whether intended to issue or put the same in

circulation or not, shall be fined not more than five thou- for. sand dollars, or imprisoned not more than ten years, or both.

any

Punishment

Disbursing officer unlaw

ing, converting, transferring

14 June, 1866,

vol. 14, p. 64.

SEC. 5488. Every disbursing officer of the United States who deposits any public money intrusted to him in any fully depositplace or in any manner, except as authorized by law, or loaning, or converts to his own use in any way whatever, or loans public money. with or without interest, or for any purpose not pre- ch. 122, sec. 2, scribed by law withdraws from the Treasurer or assistant treasurer, or any authorized depository, or for any purpose not prescribed by law transfers or applies any portion of the public money intrusted to him, is, in every such act, deemed guilty of an embezzlement of the money so deposited, converted, loaned, withdrawn, transferred, or applied; and shall be punished by imprisonment with hard labor for a term not less than one year nor more than ten years, or by a fine of not more than the amount embezzled or less than one thousand dollars, or by both such fine and imprisonment. (Amended, 35 Stat. L., 1105.)

(See sections 3620, 5497.)

Failure of Treasurer, etc.,

public moneys.

ch. 114, sec. 2,

SEC. 5489. If the Treasurer of the United States, or any assistant treasurer, or any public depositary, fails to safely keep safely to keep all moneys deposited by any disbursing 3 Mar., 1857, officer or disbursing agent, as well as all moneys depos- vol. 11, p. 249. ited by any receiver, collector, or other person having moneys of the United States, he shall be deemed guilty of embezzlement of the moneys not so safely kept, and shall be imprisoned not less than six months nor more than ten years, and fined in a sum equal to the amount of money so embezzled. (Amended, 35 Stat. L., 1105.) (See section 3639.)

public money

ly keep, without

6 Aug., 1846,

9, p. 63.

SEC. 5490. Every officer or other person charged by Custodians of any act of Congress with the safe-keeping of the public failing to safemoneys, who fails to safely keep the same, without loan- loaning, etc. ing, using, converting to his own use, depositing in banks, c. 90, s. 16, v. or exchanging for other funds than as specially allowed by law, shall be guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged; and shall be imprisoned not less than six months nor more than ten years, and fined in a sum equal to the amount of money so embezzled. (Amended. 35 Stat. L., 1105.)

(See section 3639.)

SEC. 5491. Every officer or agent of the United States who, having received public money which he is not au

Failure of officer to render accounts, etc. 6 Aug., 1846, c. 90, s. 16, v. 9, p. 63.

1862, c. 199, s.

2 Mar., 1867,

p. 571.

17 July, thorized to retain as salary, pay, or emolument, fails to 1, v. 12, p. 593. render his accounts for the same as provided by law, shall Res. 48, v. 14, be deemed guilty of embezzlement, and shall be fined in a 15 July, sum equal to the amount of the money embezzled, and 15, v. 16, p. 334. shall be imprisoned not less than six months or more than ten years. (Amended, 35 Stat. L., 1095.)

1870, c. 295, s.

Failure to deposit as required.

9,

6 Aug., 1846,

[ocr errors]

c. 114, s. 3, v. 11, p. 249.

(See sections 3622, 3633.)

SEC. 5492. Every person who, having moneys of the

c. 90, s. 16, v. United States in his hands or possession, fails to make Mar., 1857, deposit of the same with the Treasurer, or some assistant treasurer, or some public depositary of the United States, when required so to do by the Secretary of the Treasury, or the head of any other proper Department, or by the accounting officers of the Treasury, shall be deemed guilty of embezzlement thereof, and shall be imprisoned not less than six months nor more than ten years, and fined in a sum equal to the amount of money embezzled. (Amended, 35 Stat. L., 1105.)

receiving, etc.,

ment.

Unlawfully SEC. 5497. Every banker, broker, or other person not to be embezzle- an authorized depositary of public moneys, who know14 June, ingly receives from any disbursing officer, or collector of 3, v. 14, p. 65. internal revenue, or other agent of the United States, any

1866, c. 122, s.

pt. 3, p. 1.

public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or who uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not prescribed by law, and every president, cashier, teller, director, or other officer of any bank or banking association, who violates any of the provisions of this section, is guilty of an act of embezzlement of the public money so deposited, loaned, transferred, used, converted, appropriated, or applied, and shall be punished as prescribed in section fifty-four hundred and eighty-eight. (Amended, 35 Stat. L., 1106.) (See sections 3639, 3651.)

ACTS SUBSEQUENT TO THE REVISED STATUTES.

ACT OF DECEMBER 17, 1873.

18 Stat. L., CHAP. I.—An act to provide for the redemption of the loan of eighteen hundred and fifty-eight.

of loan, 1858,

11, p. 365;

Redemption Be it enacted by the Senate and House of Representach. 165, vol. tives of the United States of America in Congress assem82, bled, That for the purpose of redeeming the bonds issued under the act entitled 'An act to authorize a loan not

1859, ch.

sec. 6, vol. 11, p. 430.

made payable

exceeding the sum of twenty millions of dollars,' approved June fourteenth, eighteen hundred and fifty-eight, as amended March third, eighteen hundred and fifty-nine, called the loan of eighteen hundred and fifty-eight, it is hereby declared to be the pleasure of the United States to Coupon bonds pay all the coupon bonds of said loan on the first day of January 1, January, eighteen hundred and seventy-four, at which Interest to date the interest thereon shall cease, and coin in the Appropriation Treasury sufficient to redeem said coupon bonds is hereby appropriated for that purpose.

1874.

cease, when.

of coin.

Five per cent.

change for any

of 1858.

1870, ch. 256, 1871, ch. 23,

vol. 16, p. 272.

vol. 16, p. 399.

SEC. 2. That the Secretary of the Treasury may issue bonds may be an equal amount, at par of principal and interest, of five- Issued in exper-centum bonds of the funded loan under the act for bonds of loan refunding the national debt, approved July fourteenth, eighteen hundred and seventy, and the act amendatory thereof, approved January twentieth, eighteen hundred and seventy-one, for any of the bonds of the loan of eighteen hundred and fifty-eight, which the holders thereof may on or before. February first, eighteen hundred and seventy-four, elect to exchange for the five-percentum bonds of the said funded loan, with interest from No commissaid January first: Provided, That no commissions or be allowed on allowances whatever shall be paid for the exchange of bonds hereby authorized, and no interest shall be allowed on the new bonds for any time for which interest is paid on the bonds exchanged.

Approved, December 17, 1873.

ACT OF JUNE 20, 1874.

CHAP. 328.-An act making appropriations for the legis lative, executive, and judicial expenses of the Government for the year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes.

*

sions, etc., exchanges.

to

Repeal of per

vol. p. 156.

SEC. 4. That the act entitled "An act limiting the ap-manent appropropriation of certain moneys, for the preparation, issue, priations for and re-issue of certain securities of the United States, and for other purposes," approved May twenty-third, 187, ch. 18: eighteen hundred and seventy-two, and all other acts and parts of acts making permanent appropriations for the expenses of the national loan, except the second section 1870, cb. 256, of the act approved July fourteenth, eighteen hundred 272. and seventy, entitled "An act to authorize the refunding of the national debt," are hereby repealed, this repeal to take place on the first day of July next; and hereafter

s. 2, vol. 16, p.

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