is compelled, on account of the large amount of business transacted, to make provision for the courts by renting or erecting buildings, and rooms can be spared, without inconvenience or additional expense, but not otherwise. All expenditures for rent of office and furnishing the same must be paid out of their official emoluments, unless the Department shall, under the rule hereinbefore referred to, upon application in proper form through the marshal, deem it proper to authorize the expenditure from the Treasury.

The attention of each clerk is specially invited to the foregoing form and instructions, with a view to a prompt return of his emoluments, as the law requires, and in the form prescribed, as no return can be accepted unless the requirements of the law and the Department are fully and strictly complied with; neither can any money be paid to a clerk from the Treasury for any purpose while his emolument return is in arrear.

Should the clerk receive during any half year any fees or emoluments which had been previously returned by him as "not received," it will be his duty to state the amount thereof in his next return, and specify the half year during which the same was earned, as indicated by the form. If none has been received, he will so state.

The clerk will send his accounts for fees and per diems to the First Auditor of the Treasury.

The clerks will, on the first day of January and July of each year, forward to this Department a corrected list of all United States commissioners acting under appointment of their courts, with mention of their residences and dates of commission.

Under act February 22, 1875, the accounts and vouchers of clerks, marshals, and district attorneys must be made in duplicate, to be marked, respectively, original and duplicates; and the clerk is required to forward the originals and vouchers, when approved, to the accounting officers of the Treasury, and to retain in his office the duplicates. The clerk, in forwarding the originals, will certify to the fact that duplicates thereof are filed in his office; and he is instructed to forward no original accounts with vouchers unless such duplicates are on file in his office, that the same may be open to public inspection at all times.

CIRCULARS.

The following circulars have been issued by the Department of Justice, at various times, in relation to the duties of the several officers of the courts under its control, who are hereby ordered to examine them frequently and conform their official acts to the instructions therein given.

RESIDENCE OF OFFICERS.

DEPARTMENT OF JUSTICE, Washington, D. C., March 26, 1872. SIR: Complaints are frequently made to this Department that some of the Territorial judges do not reside within their respective judicial districts. This practice is in violation of law and official duty. By the organic acts of the several Territories, district judges are required to reside within the districts to which they have been respectively assigned, and they are expected to comply with this requirement of law. Territorial judges cannot be allowed to absent themselves from their districts,

except in the performance of official duty, or upon leave obtained from this Department. Inattention to these instructions will not be overlooked.

To

Very respectfully,

GEO. H. WILLIAMS,

Attorney-General.

DEPARTMENT OF JUSTICE,
Washington, September 1, 1874.

The attention of the marshals and attorneys of the United States is specially invited to the second section of the act approved June 20, 1874, entitled "An act making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June 30, 1875, and for other purposes," which is as follows:

"SEC. 2. That every clerk of the circuit or district court of the United States, United States marshal, or United States district attorney, shall reside permanently in the district where his official duties are to be performed, and shall give his personal attention thereto; and in case any such officer shall remove from his district, or shall fail to give personal attention to the duties of his office, except in case of sickness, such office shall be deemed vacant: Provided, That in the southern district of New York said officers may reside within twenty miles of their districts."

By this section marshals and attorneys of the United States, and clerks of the courts, are required to reside permanently in the district where their official duties are to be performed, and give their personal attention thereto.

United States marshals and district attorneys will therefore understand that they cannot absent themselves from their respective districts, as heretofore, at pleasure, but that their absence therefrom must be upon official business, or upon leave obtained from this Department. GEO. H. WILLIAMS, Attorney-General.

DEPARTMENT OF JUSTICE,

December 30, 1872.

District of

:

To the United States Attorney for the SIR: I transmit herewith blank forms for reports of United States attorneys in criminal cases. It is the intention of this Department to hereafter keep a record of all such cases in the courts of the United States, and I desire that you will, at the earliest moment practicable, report on these blanks all criminal cases pending in the courts of your district on the first day of January, 1873, giving the names of the defendants, the offense charged, and the date of the indictment. At the close of each term of court, you will report the number of such cases disposed of, giving the names of the defendants, the verdict, the sentence, or other disposition of the case; also the number of indictments found during that term, with names of defendants, &c.

Blanks for this purpose will be sent you from time to time, as they may be required. GEO. H. WILLIAMS, Attorney-General.

(PUBLIC-No. 71.)

AN ACT to regulate and secure the safe-keeping of public money intrusted to disbursing officers of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act it shall be the duty of every disburing officer of the United States having any public money intrusted to him for disbursement to deposit the same with the Treasurer or some one of the Assistant Treasurers of the United States, and to draw for the same only as may be required for payments to be made by him in pursuance of law; and all transfers from the Treasury of the United States to a disbursing officer shall be by draft or warrant on the Treasury or an Assistant Treasurer of the United States: Provided, That in places where there is no Treasurer nor Assistant Treasurer of the United States, the Secretary of the Treasury may, when he deems it essential to the public interest, specially authorize in writing the deposit of such public money in any other public depository, or, in writing, authorize the same to be kept in any other manner, and under such rules and regulations as he may deem most safe and effectual to facilitate the payments to public creditors.

SEC. 2. And be it further enacted, That if any disbursing officer of the United States shall deposit any public money intrusted to him in any place or in any manner, except as authorized by law, or shall convert to his own use in any way whatever, or shall loan, with or without interest, or shall for any purpose not prescribed by law withdraw from the Treasurer or any Assistant Treasurer, or any authorized depository, or shall for any purpose not prescribed by law, transfer or apply any portion of the public money intrusted to him, every such act shall be deemed and adjudged an embezzlement of the money so deposited, converted, used, loaned, withdrawn, transferred, or applied, and every such act is hereby declared a felony, and upon conviction thereof shall be punished by imprisonment for a term not less than one year nor more that ten years, or by fine not more than the amount embezzled nor less than one thousand dollars, or by both such fine and imprisonment, at the discretion of the court.

SEC. 3. And be it further enacted, That if any banker, broker, or any person, not an authorized depositary of public money, shall knowingly receive from any disbursing officer, or collector of internal revenue, or other agent of the United States any public money on deposit or by way of a loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States; or shall use, transfer, convert, appropriate, or apply any portion of the public money for any purpose not prescribed by law; or shall counsel, aid, or abet any disbursing officer or collector of internal revenue or other agent of the United States in so doing, every such act shall be deemed and adjudged an embezzlement of the money so deposited, loaned, transferred, used, converted, appropriated, or applied; and any president, cashier, teller, director, or other officer of any bank or banking association who shall violate any of the provisions of this act shall be deemed and adjudged guilty of embezzlement of public money, and punished as provided in section two of this act.

Approved June 14, 1866.

No. 39.

CIRCULAR INSTRUCTIONS TO ALL DISBURSING OFFICERS OF THE UNITED STATES CONNECTED WITH THE DEPARTMENT OF JUSTICE.

DEPARTMENT OF JUSTICE,

January 20, 1875.

The attention of all disbursing officers of the United States connected with this Department, is invited to the provisions contained in the following section of an act approved June 14, 1866, to wit:

*

*

*

"SEC. 1. That from and after the passage of this act, it shall be the duty of every disbursing officer of the United States having any public money intrusted to him for disbursement to deposit the same with the Treasurer or some one of the assistant treasurers of the United States, and to draw for the same only as may be required for payments to be made by him in pursuance of law; * Provided, That in places where there is no Treasurer nor assistant treasurer of the United States, the Secretary of the Treasury may, when he deems it essential to the public interest, specially authorize in writing the deposit of such public money in any other public depository, or, in writing, authorize the same to be kept in any other manner, and under such rules and regulations as he may deem most safe and effectual to facilitate the payments to public creditors."

A subsequent section in the above act provides severe penalties for any disbursing officer who shall keep such moneys in any other manner or place than as above provided.

Accompanying this circular is a list, prepared by the Secretary of the Treasury, of the offices referred to and such other public depositories as have been specially designated by him, under the provisions of the above act, for the safe-keeping and disbursement of public moneys intrusted to disbursing officers connected with this Department, and such officers must hereafter keep their public funds in some of the offices or banks mentioned in this list; provided, however, that in cases where the keeping of such funds in said offices or banks is found by any officer impracticable, or not in accordance with the public interest, upon the receipt at this Department of an application from such officer for authority to keep the same in some other manner, such application will be laid before the Secretary of the Treasury for his action thereon, and the officer will in due time be advised of the result.

In order to avoid any embarrassment which may hereafter arise from a violation of the provisions of the act cited, a strict compliance with its provisions is hereby enjoined upon all officers concerned. Proper notice will be given of any change in the list. GEO. H. WILLIAMS, Attorney-General.

REGULATIONS FOR THE DEPOSIT OF PUBLIC MONEYS.

1876.

DEPARTMENT No. 2.

Independent Treasury No. 22.

TREASURY DEPARTMENT Washington, D. C., January 3, 1876.

To collectors and surveyors of customs, collectors of internal revenue, receivers of public moneys for lands, marshals, clerks of courts, and all other officers or agents of the United States engaged in collecting, depositing, or transmitting public moneys :

Changes having been made in the laws since the issuing of Department's regulations of February 10, 1871, for the deposit of public moneys, the following regulations, based upon specific provisions of existing laws, for the violation of which penal ies of a severe character are provided, are hereby prescribed, and a strict compliance therewith enjoined.

COLLECTIONS.

Collectors and surveyors of customs, collectors of internal revenue, and receivers of public moneys, living in the same city or town with an assistant treasurer or designated depositary, must depos't their receipts at the close of each day. Officers at such a distance from a depository that daily deposits are impracticable, must forward their receipts as often as they amount to one thousand dollars, and at the end of each month, without regard to the amount accumulated.

All collections must be deposited to the credit of the Treasurer of the United States, except moneys received by collectors of internal revenue from sales under section 3460 Revised Statutes of the United States, or from offers of compromises when received prior to the acceptance of the offer, which must be deposit d to the credit of the Secretary of the Treasury as heretofore.

Receipts of coin must not in any case be deposited in a national-bank depository.

District attorneys, marshals, and clerks of courts who receive public moneys accruing to the United States from fines, penalties, and forfeitures, fees, costs, forfeitures of recognizances, debts due the United States, interest on such debts, sales of public property, or from any other sources, will deposit the same in accordance with the foregoing paragraphs, except moneys accruing from customs and internal-revenue cases, which should be paid to the collector or surveyor of customs, or collector of internal revenue of the district in which the case arose, and moneys accruing from post-office suits, which should be deposited to the Treasurer's credit for the use of the Post-Office Department.

The Department encourages the practice of a deputy collector or agent depositing directly with a depositary in the name of his principal, believing that greater economy and dispatch will thereby be attained. In such cases the depositor will take certificates of deposit in the name of the collector or other officer whose agent he is, or for whom he is acting, and dispose of them as hereinafter provided.

DISBURSING FUNDS.

All money's advanced from the Treasury to any officer or agent of the Government for disbursement, or coming into his hands, must be deposited to his official credit as such disbursing officer or agent, and drawn upon only in his official capacity.

Deposits of such moneys may be made with the Treasurer, an assist