on fraudulent ney. SEC. 39. Whoever knowingly or fraudulently demands False demand or endeavors to obtain any share or sum in the public power of attorstocks of the United States, or to have any part thereof R. S., s. 5436. 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. Making or pre S., s. 5438. 131 U. S., 55; In re Luis Oteiza y CorIngraham v. U. 155 U. S., 434. tes, 136 U. S., 330; 49 Fed. Rep., 155; Lalone v. U. S., 164 U. S., 255 Edgington v. U. Ex parte Shaf lon, 271, 21 Fed. Rev. Rec., 342, 24 Fed. Cas., 1150; U. U. S. v. Coggin, 3 S. v. Murphy, 9 S. v. Wentworth, U.S. v. Corbin, 11 SEC. 40. Whoever makes or causes to be made, or pre-senting false sents or causes to be presented, for payment or approval, claims. to or by any person or officer in the civil, military, or naval. S. v. Perrin, service of the United States, any claim upon or against the Government of the United States, or any department or officer thereof, knowing such claim to be false, fictitious, or fraudulent, or who, for the purpose of obtaining or aiding to obtain the payment or approval of such claim, S., 164 U. S., 361; makes, uses, or causes to be made or used, any false bill, fenburg, 4 Dilreceipt, voucher, roll, account, claim, certificate, affidavit, cas., 1144, U. S. v. or deposition, knowing the same to contain any fraudulent Bittinger, 21 Int. or fictitious statement or entry, or who enters into any s. v. Wright, 2 agreement, combination, or conspiracy to defraud the Gov-28 Fed. Cas., 790; ernment of the United States, or any department or officer 2 Fed. Rep., 764; thereof, by obtaining or aiding to obtain the payment or Fed. Rep., 492; U. allowance of any false or fraudulent claim, or who, having Fed. Rep., 27, U. charge, possession, custody, or control of any money or li Fed. Rep., 52 other public property used or to be used in the military Fed. Rep., 238: U. or naval service, who, with intent to defraud the United States or wilfully to conceal such money or other erty, delivers or causes to be delivered, to any other per- Fed. Rep., 544; U. son having authority to receive the same, any amount of Fed. Rep., 369; U. such money or other property less than that for which he S. v. Daubner, 17 received a certificate or took a receipt; and whoever being Fed. Rep., 591; U. authorized to make or deliver any certificate, voucher, Fed. Rep. 961: U. receipt, or other paper certifying the receipt of arms, Fed. Rep., 808; U. ammunition, provisions, clothing, or other property so Fed. Rep., 431; U. used or to be used, makes or delivers the same to any Fed. Rep.. 604 U. other person without a full knowledge of the truth of the S. v. Griswold, 30 facts stated therein, and with intent to defraud the United S. ". Reichert, 32 States; and whoever knowingly purchases or receives in S. Jones, 32 pledge for any obligation or indebtedness from any soldier, S. v. Route, 33 officer, sailor, or other person called into or employed in S. the military or naval service any arms, equipments, ammu-S. nition, clothes, military stores, or other public property, Fed. Rep., 218; U. prop S.. Griswold, 11 Fed. Rep., 807; U. Rep., 324; U. S. v. Houghton, 14 Fed. Rep., 793; U. S. v. Griswold, 24 S. v. Frisbie, 28 S. v. Rhodes, 30 S. v. Griswold, 30 Fed. Rep., 762; U. Fed. Rep., 142; U. Fed. Rep., 482; U. Gowdy, 37 Wallace, 40 Fed. Rep., 332; U. Fed. Rep., 144; U. Fed. Rep., 902; U. S. v. Strobach, 48 such soldier, sailor, officer, or other person not having the S.". Adler, 49 lawful right to pledge or sell the same, every person so Fed. Rep., 733; U. S. v. Van Leuven, 62 Fed. Reen; offending in any of the matters set forth in this section U. S. v. Hartman, shall be imprisoned at hard labor for not less than one nor Rhodes v. U.S., more than five years, or fined not less than one thousand In re Peralta- nor more than five thousand dollars. 65 Fed. Rep., 490; 79 Fed. Rep., 740; Reavis, 41 Pac. Embezzling arms, stores, etc. Johnson v. SEC. 41. Whoever steals or embezzles, or knowingly R. S., s. 5439. applies to his own use, or who unlawfully sells, conveys, Sayre, 158 U.S., or disposes of, any ordnance, arms, ammunition, clothing, 109; U.S.". Be subsistence, stores, money, or other property of the United 24 Fed. Cas., 1184; States, furnished or to be used for the military or naval 9 Fed. Rep., 26. service, shall be punished as prescribed in the preceding gart, 3 Ben., 257, U. S. v. Murphy, commit offense United States. section. Conspiracy to SEC. 42. If two or more persons conspire to commit against the any offense against the United States or to violate any law U. S. v. McCord, thereof, or to defraud the United States, such persons shall 72 Fed. Rep., 159. be liable to a penalty of not more than ten thousand dollars or to imprisonment for not more than two years, or to both such fine and imprisonment, in the discretion of the court. All parties to conspiracy liable for one. R. S., s. 5440. 17 May, 1879, 8, 1 Supp., 264. SEC. 43. If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and 21 Stat. L., 4, c. one or more of such parties do any act to effect the object Ex parte Cars of the conspiracy, all the parties to such conspiracy shall be S. 396; U. S. v. liable to a penalty of not more than ten thousand dollars, or to imprisonment for not more than two years, or to 603; U. S. v. Brit- both fine and imprisonment, in the discretion of the court. tendick, 93 U. Hirsch, 100 U. S., 33; U.S. v. Chou teau, 102 U. S., ton, 108 U. S., 192; Mackin v. U. S., 117 U. S., 348; U. S. v. Hess, 124 U. S., 483; Re Coy, 31 Fed. Rep., 794, 127 U. S., 731; U. S. v. Perrin, 131 U. S., 55; U. S. v. Barber, 140 U. S., 177; U. S. v. Logan, 144 U. S., 263; Pettibone v. U. S., 148 U. S., 197; Ex parte Lennon, 150 U. S., 393; Dealy v. U. S., 152 U. S., 539; Bannon v. U. S., 156 U. S., 464; Stokes v. Ú. S., 157 U. S., 187; Clune v. U. S., 159 U. S., 590; France v. U. S., 164 U. S., 676; Re Callicot, 8 Int. Rev. Rec., 169, 4 Fed. Cas., 1075; U. S. v. Bayer, 4 Dillon, 407, 24 Fed. Cas., 1046; U. S. v. Boyden, 1 Lowell, 266, 24 Fed. Cas., 1213; U. S. v. Crafton, 4 Dillon, 145, 25 Fed. Cas., 681; U. S. v. DeGrieff, 16 Blatch., 20, 25 Fed. Cas., 799; U. S. v. Denee, 3 Woods, 47, 25 Fed. Cas., 818; U. S. v. Donau, 11 Blatch., 168, 25 Fed. Cas., 890; U. S. v. Goldberg, 7 Biss., 175, 25 Fed. Cas., 1342; U. S. v. Hammond, 2 Woods, 197, 26 Fed. Cas., 99; U. S. v. McDonald, 3 Dillon, 543, 26 Fed. Cas., 1085; Ú. S. v. McKee, 4 Dillon, 128, 26 Fed. Cas., 1116; U. S. v. Martin, 4 Cliff., 156, 26 Fed. Cas., 1175; U. S. v. Rindskopf, 6 Biss., 259, 27 Fed. Cas., 813; U. S. v. Nunnemacher, 7 Biss., 111, 27 Fed. Cas., 197; U. S. v. Smith, 2 Bond, 323, 27 Fed. Cas., 1144; U. S. v. Stevens, 2 Haskell, 164, 27 Fed. Cas., 1312; U. S. v. Walsh, 5 Dillon, 58, 28 Fed. Cas., 394; U. S. v. Sacia, 2 Fed. Rep., 754; Mussel Slough case, 5 Fed. Rep., 680; U. S. v. Sanche, 7 Fed. Rep., 715; U. S. v. Burgess, 9 Fed. Rep., 896; U. S. v. Watson, 17 Fed. Rep., 145; U. S. v. Gordon, 22 Fed. Rep., 250; U. S. v. Payne, 22 Fed. Rep., 426; U. S. v. Kane, 23 Fed. Rep., 748; U. S. v. Johnson, 26 Fed. Rep., 682; Re Wolf, 27 Fed. Rep., 606; U. S. v. Frisbie, 28 Fed. Rep., 808; U. S. v. Thompson, 29 Fed. Rep., 86; U. S. v. Wooten, 29 Fed. Rep., 702; U. S. v. Thompson, 31 Fed. Rep., 331; U. S. v. Reichert, 32 Fed. Rep., 142; U. S. v. Owen, 32 Fed. Rep., 534; U. S. v. Johannesen, 35 Fed. Rep., 411; U. S. v. Milner, 36 Fed. Rep., 890; U. S. v. Smith, 40 Fed. Rep., 755; U. S. v. Stevens, 44 Fed. Rep., 132; U. S. v. Gardner, 42 Fed. Rep., 829; U. S. v. Lancaster, 44 Fed. Rep., 896; Re Newton, 48 Fed. Rep., 218; U. S. v. Adler, 49 Fed. Rep., 736; U. S. v. Newton, 52 Fed. Rep., 275; Toledo, &c., R. Co. v. Penn. Co., 54 Fed. Rep., 730; Waterhouse v. Comer, 55 Fed. Rep., 150; U. S. v. Howell, 56 Fed. Rep., 21; In re Benson, 58 Fed. Rep., 962; Ú. S. v. Wilson, 60 Fed. Rep., 890; U. S. v. Van Leuven, 62 Fed. Rep., 62; Thomas v. Ry. Co., 62 Fed. Rep., 803; Re Phelan, 62 Fed. Rep., 803; Charge to Grand Jury, 62 Fed. Rep., 828, 840; U. S. v. Debs, 63 Fed. Rep., 436; U. S. v. Barrett, 65 Fed. Rep., 62; U. S. v. Cassidy, 67 Fed. Rep., 698; U. S. v. Benson, 70 Fed. Rep., 591; U. S. v. McCord, 72 Fed. Rep., 159; U. S. v. Bunting, 82 Fed. Rep., 883; U. S. v. Taffe, 86 Fed. Rep., 113; Berkowitz v. U. S., 93 Fed. Rep., 452; U. S. v. Sweeney, 95 Fed. Rep., 434; 14 A. G. Op., 43. frauding captor SEC. 44. Whoever willfully does any act or aids or ad-Delaying or devises in the doing of any act relating to the bringing in, or claimant, etc., custody, preservation, sale, or other disposition of any R.S., s. 5441. property captured as prize, or relating to any documents or papers connected with the property, or to any deposition or other document or paper connected with the proceedings, with intent to defraud, delay, or injure the United States or any captor or claimant of such property, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment not more than five years, or both. Bribery of any United States of ficers. R. S., s. 5451. Dall., 388; In re U. S. v. Worrall, Paliser, 136 U. S., son, 47 Fed. Rep., 833; U. S. v. Kis sel, 62 Fed. Rep., Leuven, 62 Fed. Yee Gee, 83 Fed. v. Boyer, 85 Fed. Ingham, 97 Fed. SEC. 45. Whoever promises, offers, or gives, or causes or procures to be promised, offered, or given, any money or other thing of value, or makes or tenders any contract, undertaking, obligation, gratuity, or security for the pay- 2 ment of money, or for the delivery or conveyance of any - 257; U. S. v. Gibthing of value, to any officer of the United States, or to any person acting for or on behalf of the United States 57; U. S. v. Van in any official function, under or by authority of any de- Rep., 62; In re partment or office of the Government thereof, or to any Rep., 145: U. S. officer or person acting for or on behalf of either House Rep., 425; U. S. v. of Congress, or of any committee of either House, or both Rep., 935. Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and shall be, moreover, imprisoned not more than three years. Unlawfully taking or using to claims. R. S., s. 5454. SEC. 46. Whoever takes and carries away, without authority from the United States, from the place where it papers relating has been filed, lodged, or deposited, or where it may for the time being actually be kept by authority of the United States, any certificate, affidavit, deposition, written statement of facts, power of attorney, receipt, voucher, assignment, or other document, record, file, or paper, prepared, fitted, or intended to be used or presented in order to pro11313-01 Persons interested not to act Government. R. S., s. 1783. Enticing deser tions from the service. R. S., s. 5455. Stat. L., 240, c. 69. fitt, 115 U. S., 487; cure the payment of money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such claim, account, or demand, or any part thereof, has or has not already been allowed or paid, or whoever presents or uses or attempts to use any such document, record, file, or paper so taken and carried away in order to procure the payment of any money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, shall be imprisoned at hard labor not more than ten years, or fined not more than five thousand dollars. SEC. 47. No officer or agent of any banking or other as agents of the commercial corporation, and no member of any mercantile or trading firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation or firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation or firm, and every such officer, agent, or member, or person, so interested, who so acts, shall be imprisoned not more than two years and fined not more than two thousand dollars nor less than five hundred dollars. SEC. 48. Whoever entices or procures, or attempts or military or naval endeavors to entice or procure, any soldier in the military service of the United States, or who has been recruited 27 Feb., 1877, 19 for such service, to desert therefrom, or whoever aids any Kurtz v. Mof such soldier in deserting or attempting to desert from such U. S. v. Clark, 25 service, or whoever harbors, conceals, protects, or assists any such soldier who may have deserted from such service, knowing him to have deserted therefrom, or whoever refuses to give up and deliver such soldier on the demand of any officer authorized to receive him, shall be punished by imprisonment not less than six months nor more than two years, and by a fine not exceeding five hundred dollars; and whoever entices or procures, or attempts or endeavors to entice or procure, any seaman or other person in the naval service of the United States, or who has been recruited for such service, to desert therefrom, or whoever aids any such seaman or other person in deserting or in attempting to desert from such service, or whoever harbors, conceals, protects, or assists any such seaman other person who may have deserted from such service, Fed. Cas., 452. or knowing him to have deserted therefrom, or whoever refuses to give up and deliver such sailor or other person on the demand of any officer authorized to receive him, shall be punished by imprisonment not less than six months nor more than three years, and by a fine of not more than two thousand dollars, to be enforced in any court of the United States having jurisdiction. Robbery or larproperty of the ceny of personal United States. R. S., s. 5456. Jolly v. U. S., S. v. Jones, 69 170 U. S., 402; U. Fed. Rep., 973. stealing, etc., SEC. 49. Whoever robs another of any kind or description of personal property belonging to the United States, or feloniously takes and carries away the same, shall be punished by a fine of not more than five thousand dollars, or by imprisonment at hard labor not less than one nor more than ten years, or by both such fine and imprisonment. SEC. 50. Whoever shall embezzle, steal, or purloin any Embezzling, money, property, record, voucher, or valuable thing what- public property. ever, of the moneys, goods, chattels, records, or property3 Mar., 1875, 18 of the United States, shall be deemed guilty of felony, and 144, s. 1, 1 Supp., on conviction thereof before the district court of the United Moore v. U. S., States in the district wherein said offense may have been Faust v. U. S., 163 committed or into which he shall carry or have in posses- Gilbert, 17 Int. sion said property so embezzled, stolen, or purloined, shall Fed. Cas., 1318; be punished therefor by imprisonment at hard labor in the 30 Fed. Rep., 764; penitentiary not exceeding five years, or by a fine not ex- man, 36 Fed. ceeding five thousand dollars, or both, at the discretion of v. Jones, 69 Fed. Rep., 973. the court before which he shall be convicted. Stat. L., 479, c. 88. U. S., 452; U. S. v. Rev. Rec., 54, 25 U. S. v. DeGroat, U.S. V. Borne Rep., 257; U. S. tifications, har 7 July, 1898, 30 s. 1, 2 Supp., 885. SEC. 51. Whoever shall wilfully, wantonly, or mali-Injuries to forciously trespass upon, injure, or destroy any of the works bor defenses, etc. or property or material of any submarine mine or torpedo, stat.L., 717,c. 676, or fortification or harbor-defense system owned or constructed or in process of construction by the United States, or shall wilfully or maliciously interfere with the operation or use of any such submarine mine, torpedo, fortification, or harbor-defense system, or shall knowingly, wilfully, or wantonly violate any regulation of the War Department that has been made for the protection of such mine, torpedo, fortification, or harbor-defense system shall be punished, on conviction thereof in a district court of the United States for the district in which the offense is committed, by a fine of not less than one hundred nor more than five thousand dollars, or with imprisonment for a term not exceeding five years, or with both, in the discretion of the court. Receivers, etc., of stolen public SEC. 52. Whoever shall receive, conceal, or aid in concealing, or have, or retain in his possession with intent to property. convert to his own use or gain, any money, record, voucher, or valuable thing whatever, of the moneys, property, 3 Mar., 1875, 18 Stat. L., 479, c.144, s. 2, 1 Supp., 88. |