Failure of dis SEC. 3633. Whenever any officer employed in the civil, military, or bursing officer to naval service of the Government, to disburse the public money approaccount; penalty. priated for those branches of the public service, respectively, fails to vision for distress-warrants. render his accounts, or to pay over, in the manner and in the times required by law, or by the regulations of the Department to which he is accountable, any sum of money remaining in his hands, it shall be the duty of the First or Second Comptroller of the Treasury, as the case may be, who shall be charged with the revision of the accounts of such officer, to cause to be stated and certified the account of such delinquent officer to the Solicitor of the Treasury, who is hereby authorized and required immediately to proceed against such delinquent officer, in the manner directed in the six preceding sections. Extent of ap- SEC. 3634. All the provisions relating to the issuing of a warrant of plication of pro- distress against a delinquent officer shall extend to every officer of the Government charged with the disbursement of the public money, and to their sureties, in the same manner and to the same extent as if they were herein described and enumerated. Postponement SEC. 3635. With the approval of the Secretary of the Treasury, the of proceedings for institution of proceedings by a warrant of distress may be postponed, non-accounting, allowed. Injunction to rant.i for a reasonable time, in cases where, in his opinion, the public interest will sustain no injury by such postponement. SEC. 3636. Any person who considers himself aggrieved by any warstay distress-war- rant of distress issued under the foregoing provisions may prefer a bill of complaint to any district judge of the United States, setting forth therein the nature and extent of the injury of which he complains; and thereupon the judge may grant an injunction to stay proceedings on such warrant altogether, or for so much thereof as the nature of the case requires. But no injunction shall issue till the party applying for it gives bond, with sufficient security, in a sum to be prescribed by the judge, for the performance of such judgment as may be awarded against him; nor shall the issuing of such injunction in any manner impair the lien produced by the issuing of the warrant. And the same proceedings shall be had on such injunction as in other cases, except that no answer shall be necessary on the part of the United States; and if, upon dissolving the injunction, it appears to the satisfaction of the judge that the application for the injunction was merely for delay, the judge may add to the lawful interest assessed on all sums found due against the complainant such damages as, with such lawful interest, shall not exceed the rate of ten per centum a year. Such injunction may be granted or dissolved by the district judge either in or out of Proceedings on cuit court. court. SEC. 3637. When the district judge refuses to grant an injunction to distress in cir- stay proceedings on a distress-warrant, as aforesaid, or dissolves such injunction after it is granted, any person who considers himself aggrieved by the decision in the premises, may lay before the circuit justice, or circuit judge of the circuit within which such district lies, a copy of the proceedings bad before the district judge; and thereupon the circuit justice or circuit judge may grant an injunction, or permit an appeal, as the case may be, if, in his opinion, the equity of the case requires it. The same proceedings, subject to the same conditions, shall be had upon such injunction in the circuit court as are prescribed in the district Rights of United States reserved. Sec. court. SEC. 3638. Nothing contained in the provisions of this Title relating to distress-warrants shall be construed to take away or impair any right. or remedy which the United States might have, by law, for the recovery of taxes, debts, or demands. DRAFTS. ELECTIVE FRANCHISE. 1860. Voting and holding office in Territories by persons in Navy. 2002. Bringing armed troops to places of election. 2003. Interference with freedom of election by officers of Army or Navy. 2004. Race, color, or previous condition not to affect the right to vote. 5506. Preventing, &c., citizens from voting. Sec. 5507. Intimidating voters by bribery or threats. 5510. Depriving citizens of civil rights under color 5528. Unlawful presence of troops at elections. * * * Sec. 5531. Officers, &c., of Army or Navy interfering with officers of election, &c. 5532. Disqualification for holding office. SEC. 1860. Third. No officer, soldier, seaman, mariner, or Title 23, Chap. 1. other person in the Army or Navy, or attached to troops in the service of the United States, shall be allowed to vote in any Territory, by reason of being on service therein, unless such Territory is, and has been for the period of six months, his permanent domicile. Fourth. No person belonging to the Army or Navy shall be elected to or hold any civil office or appointment in any Territory. Title 26. SEC. 2002. No military or naval officer, or other person engaged in the civil, military, or naval service of the United States, shall order, Bringing armed bring, keep, or have under his authority or control, any troops or armed troops to places men at the place where any general or special election is held in any of election.* State, unless it be necessary to repel the armed enemies of the United States, or to keep the peace at the polls. [See §§ 5528, 5529, 5532.] with freedom of SEC. 2003. No officer of the Army or Navy of the United States shall Interference prescribe or fix, or attempt to prescribe or fix, by proclamation, order, elections by offior otherwise, the qualifications of voters in any State, or in any manner cers of Army or interfere with the freedom of any election in any State, or with the ex- Navy. ercise of the free right of suffrage in any State. [See §§ 5530-5532.] SEC. 2004. All citizens of the United States who are otherwise quali- Race, color, or fied by law to vote at any election by the people in any State, Territory, dition not to afprevious condistrict, county, city, parish, township, school district, municipality, or fect the right to other territorial subdivision, shall be entitled and allowed to vote at all vote. such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding. SEC. 5506. Every person who, by any unlawful means, hinders, delays, Title 70, Chap. 7. prevents, or obstructs, or combines and confederates with others to hin- Preventing, &c., der, delay, prevent, or obstruct, any citizen from doing any act required citizens from votto be done to qualify him to vote, or from voting at any election in any ing. State, Territory, district, county, city, parish, township, school-district, municipality, or other territorial subdivision, shall be fined not less than five hundred dollars, or be imprisoned not less than one month nor more than one year, or be punished by both such fine and imprisonment. [See 2004.] SEC. 5507. Every person who prevents, hinders, controls, or intimi- Intimidating dates another from exercising, or in exercising the right of suffrage, to voters by bribery whom that right is guaranteed by the fifteenth amendment to the Con- or threats. stitution of the United States, by means of bribery or threats of depriving such person of employment or occupation, or of ejecting such person from a rented house, lands, or other property, or by threats of refusing to renew leases or contracts for labor, or by threats of violence to himself or family, shall be punished as provided in the preceding section. date citizens in SEC. 5508. If two or more persons conspire to injure, oppress, threaten, Conspiracy to or intimidate any citizen in the free exercise or enjoyment of any right injure or intimior privilege secured to him by the Constitution or laws of the United the exercise of States, or because of his having so exercised the same; or if two or more civil rights. persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured, they shall be fined not more than five thousand dollars and imprisoned not more than ten years; and shall, moreover, be thereafter ineligible to any office, or place of honor, profit, or trust created by the Constitution or laws of the United States. [See '5407, INSURRECTION.] SEC. 5509. If in the act of violating any provision in either of the two Other crimes preceding sections any other felony or misdemeanor be committed, the committed while offender shall be punished for the same with such punishment as is at- violating the preceding sections. tached to such felony or misdemeanor by the laws of the State in which the offense is committed. SEC. 5510. Every person who, under color of any law, statute, ordi- Depriving citi nance, regulation, or custom, subjects, or causes to be subjected, any zens of civil rights inhabitant of any State or Territory to the deprivation of any rights, privileges, or immunities, secured or protected by the Constitution and under color of State laws. Ibid., s. 2. laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color or race, than are prescribed for the punishment of citizens, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than one year, or by both. [See § 1979, ČIVIL RIGHTS.] SEC. 5528. Every officer of the Army or Navy, or other person in the Unlawful pres- civil, military, or naval service of the United States, who orders, brings, ence of troops at keeps, or has under his authority or control, any troops or armed men at any place where a general or special election is held in any State, unless such force be necessary to repel armed enemies of the United States or to keep the peace at the polls, shall be fined not more than five thousand dollars, and suffer imprisonment at hard labor not less than three months nor more than five years. [See § 2002.] elections. Intimidation of SEC. 5529. Every officer or other person in the military or naval voters by officers, service who, by force, threat, intimidation, order, advice, or otherwise, &c., of Army or Navy. prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right of suffrage at any general or special election in such State, shall be fined not more than five thousand dollars, and imprisoned at hard labor not more than five years. [See § 2003.] Officers of Army SEC. 5530. Every officer of the Army or Navy who prescribes or fixes, or Navy prescrib- or attempts to prescribe or fix, whether by proclamation, order, or ing qualifications otherwise, the qualifications of voters at any election in any State, of voters. shall be punished as provided in the preceding section. [See § 2003.] Officers, &c., of SEC. 5531. Every officer or other person in the military or naval Army or Navy in- service who, by force, threat, intimidation, order, or otherwise, compels, terfering with or attempts to compel, any officer holding an election in any State to officer of election, receive a vote from a person not legally qualified to vote, or who imposes, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an election in the discharge of his duty, shall be punished as provided in section fifty-five hundred and twenty-nine. &c. Disqualification SEC. 5532. Every person convicted of any of the offenses specified in or holding office. the five preceding sections, shall, in addition to the punishments therein severally prescribed, be disqualified from holding any office of honor, profit, or trust under the United States; but nothing in those sections shall be construed to prevent any officer, soldier, sailor, or marine from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote. Sec. EMBEZZLEMENT. See also ACCOUNTS and DISBURSING OFFICERS. 3639. Duties of custodian of public money. moneys. 5489. Failure of Treasurer, &c., to safely keep public money. 5490. Custodian of public money failing to safely keep, without loaning, &c. 5491. Failure of officers to render accounts, &c. Title 40. Sec. 5492. Failure to deposit as required. 5493. Provisions of the five preceding sections, 5494. Record evidence of embezzlement. 5496. Evidence of conversion. 5497. Unlawfully receiving, &c., to be embezzlement. SEC. 3639. The Treasurer of the United States, all assistant treasurers, Duties of offi- and those performing the duties of assistant treasurer, all collectors of cers as custodi- the customs, all surveyors of the customs, acting also as collectors, all ans of public receivers of public moneys at the several land-offices, all postmasters, moneys. and all public officers of whatsoever character, are required to keep safely, without loaning, using, depositing in banks, or exchanging for other funds than as specially allowed by law, all the public money collected by them, or otherwise at any time placed in their possession and custody, till the same is ordered, by the proper Department or officer of the Government, to be transferred or paid out; and when such orders for transfer or payment are received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the Government which may be imposed by any law, or by any regulation of the Treasury Department made in conformity to law. The President is authorized, if in his opinion the interest of the United States requires the same, to regulate and increase the sums for which bonds are, or may be, required by law, of all district attorneys, collec tors of customs, naval officers, and surveyors of customs, navy agents, receivers and registers of public lands, paymasters in the Army, commissary-general, and by all other officers employed in the disbursement of the public moneys, under the direction of the War or Navy Departments. [See §§ 5489-5497.] con SEC. 5488. Every disbursing officer of the United States who deposits Title 70, Chap. 6. any public money intrusted to him in any place or in any manner, except as authorized by law, or converts to his own use in any way what- Disbursing offi ever, or loans with or without interest, or for any purpose not prescribed depositing, cers unlawfully by law withdraws from the Treasurer or any assistant treasurer, or any verting, loaning, authorized depository, or for any purpose not prescribed by law transfers or transferring or applies any portion of the public money intrusted to him, is in every public money. 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. lic moneys. SEC. 5489. If the Treasurer of the United States, or any assistant Failure of treasurer, or any public depositary, fails safely to keep all moneys de- Treasurer, &c., to posited by any disbursing officer or disbursing agent, as well as all safely keep pubmoneys deposited 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 the sum equal to the amount of money so embezzled. [See § 3639.] SEC. 5490. Every officer or other person charged by any act of Con- Custodians of gress with the safe-keeping of the public moneys, who fails to safely public money keep the same, without loaning, using, converting to his own use, de- failing to safely keep, without positing in banks, or exchanging for other funds than as specially loaning, &c. 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. [See § 3639.] SEC. 5491. Every officer or agent of the United States who, having Failure of offireceived public money which he is not authorized to retain as salary, cer to render acpay, or emolument, fails to render bis accounts for the same as provided counts, &c. by law, shall be deemed guilty of embezzlement, and shall be fined in a sum equal to the amount of the money embezzled, and shall be imprisoned not less than six months or more than ten years. [See §§ 3622, 3633, under DISBURSING OFFICERS.] Failure to de SEC. 5492. Every person who, having moneys of the United States in his hands or possession, fails to make deposit of the same with the posit as required. Treasurer, or some assistant treasurer, or some public depositary of the United States, when requited 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. SEC. 5493. The provisions of the five preceding sections shall be con- Provisions of strued to apply to all persons charged with the safe-keeping, transfer, the five precedor disbursement of the public money, whether such persons be indicted ing sections, how as receivers or depositaries of the same. applied. SEC. 5494. Upon the trial of any indictment against any person for Record eviembezzling public money under the provisions of the six preceding sec-dence of embeztions, it shall be sufficient evidence, for the purpose of showing a balance zlement. against such person, to produce a transcript from the books and proceedings of the Treasury, as required in civil cases, under the provisions for the settlement of accounts between the United States and receivers of public money. [See §§ 3625, 3633, under DISTRESS-WARRANTS.] SEC. 5495. The refusal of any person, whether in or out of office, Prima facie evicharged with the safe-keeping, transfer, or disbursement of the public dence. money, to pay any draft, order, or warrant, drawn upon him by the proper accounting officer of the Treasury, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to transfer or disburse any such money promptly, upon the legal requirement of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, as prima-facie evidence of such embezzlement. SEC. 5496. If any officer charged with the disbursement of the public Evidence of moneys, accepts, receives, or transmits to the Treasury Department toconversion. be allowed in his favor, any receipt or voucher from a creditor of the United States, without having paid to such creditor in such funds as the officer received for disbursement, or in such funds as he may be authorized by law to take in exchange, the full amount specified in such receipt or voucher, every such act is an act of conversion, by such officer, to his own use, of the amount specified in such receipt or voucher. [See § 3652, under CHECKS.] Unlawfully re- SEC. 5497. Every banker, broker, or other person not an authorized ceiving, &c., to be depositary of public moneys, who knowingly receives from any disburs embezzlement. ing officer, or collector of internal revenue, or other agent of the United States, any 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. [See § 3639.] Sec. ENGINEER CORPS. 1390. Engineer Corps, number and rank. 1391. Appointment of. 1392. Qualifications of. 1393. Engineer of the fleet. Title 15, Chap. 1. Sec. 1476. Rank. 1484. Engineer officers graduated at the Academy. 1556. Pay. SEC. 1390. The active list of the Engineer Corps of the Navy shall consist of seventy chief engineers, who shall be divided into three grades, by number and relative rank, as provided in Chapter Four of this Title; [See § 1476.] Engineer Corps, Ten chief engineers; Fifteen chief engineers; and Forty-five chief engineers, who shall have the relative rank of lieutenant-commander or lieutenant. And each and all of the above-named officers of the Engineer Corps shall have the pay of chief engineers of the Navy, as now provided. One hundred first assistant engineers, who shall have the relative rank of lieutenant or master; and * One hundred* second assistant engineers, who shall have the relative rank of master or ensign; and the said assistant engineers shall have the pay of first and second assistant engineers of the Navy, respectively, as now provided. SEC. 1391. Engineers shall be appointed by the President, by and with the advice and consent of the Senate. SEC. 1392. No person under nineteen or over twenty-six years of age shall be appointed a second assistant engineer in the Navy; nor shall any person be appointed or promoted in the Engineer Corps until after he has been found qualified by a board of competent engineers and medical officers designated by the Secretary of the Navy, and has complied with existing regulations. SEC. 1393. The President may designate among the chief engineers in the service, and appoint to every fleet or squadron, an engineer, who shall be denominated "engineer of the fleet." SEC. 1476. Officers of the Engineer Corps on the active list shall have relative rank as follows: Of the chief engineers, ten shall have the relative rank of captain, fifteen that of commander, and forty-five that of lieutenant-commander or lieutenant. First assistant engineers shall have the relative rank of lieutenant or master, and second assistant engineers that of master or ensign. SEC. 1484. Engineer officers graduated at the Naval Academy shall take precedence with all other officers with whom they have relative rank, according to the actual length of service in the Navy. [See § 1394, ENGINEER-CADET.] *That from and after the passage of this act the title of first assistant engineer shall be changed to passed assistant engineer, and that the title of second assistant engineer shall be changed to assistant engineer: Provided, That the regulations of the Navy Department in relation to the examinations and amount of sea-service previous to each examinations be complied with. Approved February 24, 1874. |