Unlawful de Eleventh. Or unlawfully sets on fire, or otherwise unlawfully de struction of pub-stroys, any public property not at the time in possession of an enemy, lic property. pirate, or rebel; Offenses pun. 23 April, 1800, Art. 17, v. 3, p. 47. ART. 8. Such punishment as a court-martial may adjudge may be inishable at discre- flicted on any person in the Navy tion of court-mar tial. Negligent Eleventh. Or, through inattention or negligence, suffers any vessel stranding. of the Navy to be stranded, or run upon a rock or shoal, or hazarded; Waste of pub. Fifteenth. Or wastes any ammunition, provisions, or other public lic property, &c. property, or, having power to prevent it, knowingly permits such waste; Crimes of fraud. Stealing, wrong. 23 April, 1800, Art. 13, v. 2, p. 47. ART. 14. Fine and imprisonment, or such other punishment as a court-martial may adjudge, shall be inflicted upon any person in the naval service of the United States Who steals, embezzles, knowingly and willfully misappropriates, apfully selling, &c. plies to his own use or benefit, or wrongfully and knowingly sells or disposes of any ordnance, arms, equipments, ammunition, clothing, subsistence stores, money or other property of the United States, furuished or intended for the military or naval service thereof; or Buying public military prop erty. March 3, 1875. States deemed Who knowingly purchases, or receives in pledge for any obligation or indebtedness, from any other person who is a part of or employed in said service, any ordnance, arms, equipments, ammunition, clothing, subsistence stores, or other property of the United States, such other person not having lawful right to sell or pledge the same; 2 March, 1863, s. 1, v. 12, p. 565. That any person who shall embezzle, steal, or purloin any money, Embezzling, property, record, voucher, or valuable thing whatever, of the moneys, ste aling, &c., goods, chattels, records, or property of the United States, shall be from United deemed guilty of felony, and on conviction thereof before the district felony; penalty. or circuit court of the United States in the district wherein said offense may have been committed, or into which he shall carry or have in possession of said property so embezzled, stolen, or purloined, shall be punished therefor by imprisonment at hard labor in the penitentiary not exceeding five years, or by a fine not exceeding five thousand dollars, or both, at the discretion of the court before which he shall be convicted. Knowingly reSEC. 2. That if any person shall receive, conceal, or aid in concealing, ceiving, concealing, &c., stolen, or have, or retain in his possession with intent to convert to his own &c., property of use or gain, any money, property, record, voucher, or valuable thing the United whatever, of the moneys, goods, chattels, records, or property of the States; penalty. United States, which has theretofore been embezzled, stolen, or pur loined from the United States by any other person, knowing the same to have been so embezzled, stolen, or purloined, such person shall, on conviction before the circuit or district court of the United States in the district wherein he may have such property, be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion May be tried of the court before which he shall be convicted; and such receiver may before or after be tried either before or after the conviction of the principal felon, but convitcion of principal. if the party has been convicted, then the judgment against him shall be conclusive evidence in the prosecution against such receiver that the property of the United States therein described has been embezzled, stolen, or purloined. Title 44. Uniforms and equipments. 3 March, 1875, v. 18, p. 479. SEC. 3748. The clothes, arms, military outfits, and accouterments furnished by the United States to any soldier shall not be sold, bartered, exchanged, pledged, loaned, or given away; and no person not a soldier, or duly authorized officer of the United States, who has possession of any such clothes, arms, military outfits or accouterments, so furnished, and which have been the subjects of any such sale, barter, exchange, pledge, loan, or gift, shall have any right, title, or interest therein; but the same may be seized and taken wherever found by any officer of the United States, civil or military, and shall thereupon be delivered to any quartermaster, or other officer authorized to receive the same. The possession of any such clothes, arms, military outfits, or accouterments by any person not a soldier or officer of the United States shall be presumptive evidence of such a sale, barter, exchange, pledge, loan, or gift. 3 March, 1863, s.23, v. 12, p. 735. SEC. 5385. Every person who, within any fort, dock-yard, navy-yard, Title 70, Chap. 3. arsenal, armory, or magazine, the site whereof is under the jurisdiction Arson of dwellof the United States, or on the site of any light-house, or other needful iug-house within building belonging to the United States, the site whereof is under their a fort, &c. jurisdiction, willfully and maliciously burns any dwelling-house, or mansion-house, or any store, barn, stable, or other building, parcel of any dwelling or mansion-house, shall suffer death. 3 March, 1825, s. 1, v. 4, p. 115. Arson of armo SEC. 5386. Every person who, in any of the places mentioned in the preceding section, maliciously sets fire to, or burns, any arsenal, armory, гy, arsenal, &c. magazine, rope-walk, ship-house, warehouse, block-house, or barrack, or any store-house, barn, or stable, not parcel of a dwelling-house, or any other building not mentioned in such section, or any vessel built, or begun to be built, or repairing, or any light-house, or beacon, or any timber, cables, rigging, or other materials for building, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms, or other munitions of war, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. Ibid, s. 2. SEC. 5387. Every person who maliciously sets on fire, or burns, or Arson of vessel otherwise destroys, any vessel of war of the United States, afloat on the of war. high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular State, shall suffer death. Ibid, s. 11, p. 117. who, having charge, possession, Title 70, Chap. 5. Concealing, SEC. 5438. Every person custody, or control of any money or other public property used, or to be used, in the military or naval service, who, with intent to defraud selling and pledg the United States or willfully to conceal such money or other property, ing public propdelivers or causes to be delivered, to any other person having authority erty, &c. to receive the same, any amount of such money or other property less than that for which he received a certificate or took a receipt, and every person authorized to make or deliver any certificate, voucher, receipt or other paper certifying the receipt of arms, ammunition, provisions, clothing, or other property so used or to be used, who makes or delivers the same to any other person without a full knowledge of the truth of the facts stated therein, and with intent to defraud the United States, and every person who knowingly purchases or receives in pledge for any obligation or indebtedness from any soldier, officer, sailor, or other person called into or employed in the military or naval service any arms, equipments, ammunition, clothes, military stores, or other public property, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same, every person so offending in any of the matters set forth in this section shall be imprisoned at hard labor for not less than one hor more than five years, or fined not less than one thousand nor more than five thousand dollars. [See § § 3490, 3491, under CLAIMS.] 2 March, 1863, ss. 1-3, v. 12, pp. 696-698. SEC. 5439. Every person who steals or embezzles, or knowingly applies Embezzling to his own use, or who unlawfully sells, conveys, or disposes of, any arms, stores, &c, ordnance, arms, ammunition, clothing, subsistence, stores, money, or other property of the United States, furnished or to be used for the military or naval service, shall be punished as prescribed in the preceding section. Ibid. SEC. 5456. Every person who robs another of any kind or description Robbery or lar of personal property belonging to the United States, or feloniously takes ceny of personal and carries away the same, shall be punished by a fine of not more than property of the United States. 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. 2 March, 1867, v. 14, p. 557. 3 March, 1883. Flow of water to be shut off. 3 March, 1875. All officers in charge of public buildings in the District of Columbia shall cause the flow of water in the buildings under their charge to be shut off from five o'clock post meridian to eight o'clock ante meridian: Provided, That the water in said public buildings is not necessarily in use for public business. 3 March, 1883. [Sundry civil act.] And hereafter no money shall be paid nor contracts made for payment for any site for a puble building in excess of the amount specifiPayments, con- cally appropriated therefor; and no money shall be expended upon tracts, &c. for any public building on which work has not yet been actually begun public buildings. until after drawings and specifications together with detailed estimates of the cost thereof, shall have been made by the Supervising Architect of the Treasury Department, and said plans and estimates shall have been approved by the Secretary of the Treasury, Secretary of the Interior, and the Postmaster-General; and all appropriations made for the construction of such building shall be expended within the limitations of the act authorizing the same or limiting the cost thereof; and no change of said plan involving an increase of expense exceeding ten per centum of the amount to which said building was limited shall be allowed or paid by any officer of the Government without the special authority of Congress. 3 March, 1875, chap. 130, v. 18, p. 395. The Secretary of the Navy has no authority to grant permission to a city to extend a sewer through the public grounds so as to confer any legal title or right upon the city to maintain the sewer through the grounds. A mere license for the use of the premises is revocable at all times. A legal right to construct and maintain a sewer would have to be granted by Congress.-Op. XVI, 152, October 1, 1878, Devens. Territory over which exclusive jurisdiction has been ceded to the United States, is subject only to the laws of Congress. Where land is granted by a State to the General Government, reserving a concurrent jurisdiction in executing process within for offenses committed without such tract, the United States have exclusive jurisdiction of offenses committed within the ceded territory. The purchase of land by the General Government for public purposes within the territorial limits of a State, does not, of itself, oust the State jurisdiction therein. Exclusive jurisdiction is the necessary attendant on exclusive legislation. When, therefore, a State legislature has given its consent to a purchase of land by the General Government for the purposes enumerated in the Constitution, the State jurisdiction is completely onsted.-Brightley's Federal Digest, pp. 147, 148, giving numerous authorities and decisions of the courts. An officer in command of a military post has the right to protect it by force from occupation or injury at the hands of trespassers. One caution should be observed, however, that in executing this duty there should be no unnecessary or wanton harm done either to persons or property.-Op. IX, 476, Black, September 24, 1860. Where the Government executes a lease with a full knowledge of the condi tion of the building leased and with no agreement that the lessor shall make repairs it cannot make them at his expense.-C. C., IV, 526. Premises occupied by the Government under an implied lease; claim presented, which is reduced and paid, owner accepting and receipting without protest. He is excluded from afterward seeking to recover the difference.-C. C., VIII, 521 Where there is an express agreement to repair, tenant is liable for loss by accidental fire. Liability attaches although there be no express covenant as to fire. Otherwise where there is no agreement to keep in repair, C. C., IX, 479. Premises rented at a specific rate per month, after expiration of a year lessee notified lessor that the rent must be reduced. The lessor allows the lessee to continue, receiving monthly rent at the reduced rate and giving receipts therefor in full. He thereby consents to chang ein the original contract.-C. C., V, 508. Where the President has given permission to a railroad or a telegraph company to run lines through the public property, the license is revocable at his pleasure.-Op. XVI, 205, Devens, Nov. 22, 1878. Persons who reside on lands purchased by, or ceded to the United States, forts and arsenals, and where there is no other reservation or jurisdiction to the State than that of a right to serve civil and criminal process on such lands, are not entitled to the benefits of common schools for their children in the towns in which the lands are situated; nor are they liable to be assessed for their polls and estates to State, county, and town taxes, in such towns; nor do they gain a settlement in such towns for themselves or their children by a residence for any length of time on such lands; nor do they acquire by residing on such lands any elective franchise as inhabitants of such towns.-Supreme court of Massachusetts, 1 Metcalf, 580, quoted in Op. XVI, 468, Devens, Feb., 7, 1880. Sec. SALE OF PROPERTY AND MATERIALS. 1540. Sale of vessels unfit for repairs. 1541. Sale of unserviceable vessels and materials. Sec. 3618. Proceeds of sales of materials. SEC. 1540. The President may direct any armed vessel of the United Title 15, Chap. 6. States to be sold when, in his opinion, such vessel is so much out of re- Sale of vessels pair that it will not be for the interest of the United States to repair unfit to be repair her. [See Aug. 5, 1882, post.] 21 April, 1806, s. 3, v. 2, p. 402. ed. Sale of unserv vessels and materials. SEC. 1541. The Secretary of the Navy is authorized and directed to sell, at public sale, such vessels and materials of the United States iceable Navy as, in his judgment, cannot be advantageously used, repaired, or fitted out; and he shall, at the opening of each session of Congress, make a full report to Congress of all vessels and materials sold, the parties buying the same, and the amount realized therefrom, together with such other facts as may be necessary to a full understanding of his acts. [See s. 3618 and Aug. 5, 1882, post, sec. 429, NAVY DEPARTMENT, p. 181, Part II, and page 96, Part I.] 23 March, 1872, s. 2, v. 17, p. 154. 5 Aug., 1882. Examination of vessels, &c. It shall also be the duty of the Secretary of the Navy, as soon as may be after the passage of this act, to cause to be examined by competent boards of officers of the Navy, to be designated by him for that duty, all vessels belonging to the Navy not in actual service at sea, and vessels at sea as soon as practicable after they shall return to the United States, and hereafter all vessels on their return from foreign stations, and all vessels in the United States as often as once in three years, when prac ticable; and said boards shall ascertain and report to the Secretary of the Navy, in writing, which of said vessels are unfit for further service, Vessels not fit or, it the same are unfinished in any navy-yard, those which cannot be for further serv finished without great and disproportionate expense, and shall in such ice to be stricken report state fully the grounds and reasons for their opinion. And it shall be the duty of the Secretary of the Navy, if he shall concur in opinion with said report, to strike the name of such vessel or vessels from the Navy Register and report the same to Congress. [See March 3, 1883, VESSELS OF THE NAVY, Part I, p. 96.] 5 August, 1882, P. E. L., p. 296. from register. en. 5 Aug., 1882. Account of SEC. 2. That it shall be the duty of the Secretary of the Navy, as soon as may be after the passage of this act, to cause an account to be taken of the stock of stores and supplies pertaining and belonging to the several bureaus of the Navy Department, in which account shall stores to be takbe stated the original cost of each article and the date of purchase, so far as the same is known, and cause an appraisement of the present value of such stores and supplies to be made and entered in such account; and said appraised value, when so entered, shall hereafter be the price at which they shall be charged in accounting with the several bureaus. Such appraisal shall be made by boards of officers of Appraises. the Navy to be designated by the Secretary; and all such stores and supplies as shall be found by boards of appraisers to be unserviceable for use in the Navy, shall be condemned and sold in the manner hereinafter provided for the sale of old materials, and the proceeds thereof, after deducting the cost of such appraisal, condemnation, and sale, shall be paid into the Treasury. And no old material of the Navy shall hereafter be sold or exchanged by the Secretary of the Navy, or by any officer of the Navy, which can be profitably used by reworking or otherwise in the construction or repair of vessels, their machinery, armor, armament, or equipment; but the same shall be stored and preserved for future use. And when any such old material cannot be profitably used Sale of unprofit as aforesaid, the same shall be appraised and sold at public auction after able articles. public notice and advertisement shall have been given according to law under such rules and regulations and in such manner as the said Secretary may direct. The net proceeds arising from the sales of such old materials shall be paid into the Treasury. It shall be the duty of made to Report to be the Secretary of the Navy annually to report in detail to Congress, in Con- his annual report, the proceeds of all sales of materials, stores, and supplies, made under the provisions of this act, and the expenses attending such sales. gress. Title 40. 5 August, 1882, chap. 391, P. E. L., p. 296. SEC. 3617. The gross amount of all moneys received from whatever source for the use of the United States, except as otherwise provided in Moneys to be the next section, shall be paid by the officer or agent receving the same deposited without deduction. into the Treasury, at as early a day as practicable, without any abatement or deduction on account of salary, fees, costs, charges, expenses, or claim of any description whatever. But nothing herein shall affect any provision relating to the revenues of the Post-Office Department. [See Aug. 5, 1882, ante, and March 3, 1883.] 3 March, 1849, s. 1, v. 9, p. 398. 28 Sept., 1850, s. 3, v. 9, p. 507. Proceeds of SEC. 3618. All proceeds of sales of old material, condemned stores, sales of material. supplies, or other public property of any kind, except the proceeds of the sale or leasing of marine hospitals, or of the sales of revenuecutters, or of the sales of commissary stores to the officers and enlisted men of the Army, or of materials, stores, or supplies sold to officers and soldiers of the Army, or of the sale of condemned Navy clothing, or of sales of materials, stores, or supplies to any exploring or surveying expedition authorized by law, shall be deposited and covered into the Treasury as miscellaneous receipts, on account of "proceeds of Government property," and shall not be withdrawn or applied, except in consequence of a subsequent appropriation made by law. [See § 1541, Aug. 5, 1882, ante, and March 3, 1875, post. ] Penalty for money. 3 May, 1872. s. 5, v. 17, p. 83. 3 March, 1847, s. 1, v. 9, p. 171. 8 June, 1872, v. 17. p, 337. 22 June, 1874, v. 18. p. 200. 7 Feb., 1877, v. 19, p. 249. SEC. 3619. Every officer or agent who neglects or refuses to comply withholding with the provisions of section thirty-six hundred and seventeen shall be subject to be removed from office, and to forfeit to the United States any share or part of the moneys withheld, to which he might otherwise be entitled. Title 41. Statement of 18 July, 1866, s. 40, v. 14, p. 187. SEC. 3672. A detailed statement of the proceeds of all sales of old material, condemned stores, supplies, or other public property of any kind process of sales except materials, stores, or supplies sold to officers and soldiers of the of old material. Army, or to exploring or surveying expeditions authorized by law, shall be included in the appendix to the book of estimates. [See 3692, appropriations.] March 3, 1875. Disposition of ordnance material. 8 May, 1872, s. 5. v. 17 p. 83. 27 Feb., 1877, v. 19, p. 249. That the Secretary of the Navy is authorized to dispose of the useless ordnance material on hand at public sale, according to law, the net proceeds of which shall be turned into the Treasury; and an amount equal to the same is hereby appropriated, to be applied to the purpose of procuring a supply of material adapted in manufacture and calibre to the present wants of the service; but there shall be expended, under this provision, not more than seventy-five thousand dollars in one year. 3 March, 1875, v. 18, p. 343. NOTES.-The Secretary of the Navy cannot exchange a condemned vessel for another. Disposition of former controlled by act of May 23, 1872.-Op. XIV 369, Feb. 18, 1874, Williams. For the mode in which sales of condemned property shall be conducted, whether by advertisement at public auction or otherwise, no specific provision is made. In these respects the sales are left to the discretion of the officer having charge of such old material. The proceeds must be covered into the Treasury. The Bureau of Engraving and Printing cannot exchange old presses for new ones.-Op. XV, 320, Williams, June 23, 1877. Inspection, condemnation and public sale, are necessary to a valid sale of unsuitable military stores under the act of March 3, 1825.-Č. C., v. 1, p. 85. |