174 U. S., 47; U. S. 358, 25 Fed. Cas., Kerby v. U. S goods, chattels, records, or property of the United States, v. De Bare, 6 Biss., which has theretofore been embezzled, stolen, or purloined 796; U.S. v. Mont- from the United States by any other person, knowing the 544, 26 Fed. Cas., same to have been so embezzled, stolen, or purloined, such gomery, 3 Sawy., 1295. Timber depredations on re R. S., s. 5388. person shall, on conviction before the 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 of the court before which he shall be convicted; and such receiver may be tried either before or after the conviction of the principal felon, but 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. SEC. 53. Whoever unlawfully cuts, or aids or is emserved lands. ployed in unlawfully cutting, or wantonly destroys or 4 June, 1888, 25 procures to be wantonly destroyed, any timber standing Stat. L., 166, c. upon the land of the United States which, in pursuance of U. s. v. Stores, law, may be reserved or purchased for military or other or upon any Indian reservation or lands belongU. S. v. Konking to or occupied by any tribe of Indians under authority Rep., 64; Pine of the United States, shall pay a fine of not more than five Improvement hundred dollars, or be imprisoned not more than twelve 907; 18 A. G. Op., months, or both, in the discretion of the court. 14 Fed. Rep., 824; U.S.v. Garretson, 42 Fed. Rep., 22; apot, 43 Fed. River L. Co. v. Co., 89 Fed. Rep., 555. United States purposes, Injuries to SEC. 54. Whoever shall wilfully or maliciously injure telegraph lines. or destroy any of the works or property or material of any 18 Stat. L., 250; telegraphic line constructed and owned, or in process of c. 461, 1 Supp., 46. construction, by the United States, or any that may be Counterfeiting weather forecasts. hereafter constructed and owned or occupied and controlled by the United States, or who shall wilfully or maliciously interfere in any way with the working or use of any such telegraphic line, or who shall wilfully or maliciously obstruct, hinder, or delay the transmission of any communication over any such telegraphic line, shall be deemed guilty of a misdemeanor, and on conviction thereof in any district court of the United States having jurisdiction of the same, shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or with imprisonment for a term not exceeding three years, or with both, in the discretion of the court. SEC. 55. Whoever shall knowingly issue or publish any counterfeit weather forecasts or warnings of weather conStat. L., 264, c. ditions, falsely representing such forecasts or warnings to have been issued or published by the Weather Bureau, 8 Aug., 1894, 28 238, par. 9, 2 Supp., 233. Stat. L., 727, c. Supp., 406. Stat. L., 99, c. United States Signal Service, or other branch of the Gov-2 Mar., 1895, 28 ernment service, shall be deemed guilty of a misdemeanor, 169, par 6, 2 and on conviction thereof, for each offense be fined in a 25 Apr., 1896, 29 sum not exceeding five hundred dollars, or imprisoned not 140, par. 5, 2 to exceed ninety days, or be both fined and imprisoned in the discretion of the court. Sec. Chapter Five. OFFENSES AGAINST OFFICIAL DUTIES. 56. Officer of the United States guilty of extortion. 59. Failure of treasurer to safely keep public 60. Custodian of public money failing to safely keep, etc. 61. Failure of officer to render accounts, etc. 62. Failure to deposit as required. 63. Provisions of the five preceding sections, how applied. 64. Record evidence of embezzlement. 65. Prima facie evidence. 66. Evidence of conversion. 67. Banker, etc., receiving deposit from disbursing officer. 68. Officers not to be interested in claims against United States. 69. Members of Congress accepting bribes. 70. United States officer accepting bribe. 71. Forfeiture of office. 72. Officer contracting beyond specific appropriation. Sec. Supp., 459. 73. Officers of United States courts failing to deposit moneys, etc. 74. Receiving loan or deposit from officer of court. 75. Failure to make returns or reports. 76. Taking consideration for procuring contracts, offices, etc. 77. Taking compensation in matters to which United States is a party. 78. Aiding in trading in obscene literature, etc. 79. Disbursing officer forbidden to trade in public funds or property. 80. Collecting officers forbidden to trade in public property. 81. Members of Congress not to be interested in contracts. 82. Officers making contracts with member of Congress. 83. What interest members of Congress may have. 84. Falsely certifying, etc., as to record of deeds. 85. Other false certificates. 86. Illegally holding office. United States guilty of extor tion. SEC. 56. Whoever, being an officer of the United States, Officer of the is guilty of extortion under color of his office, shall be punished by a fine of not more than five hundred dollars, or by imprisonment not more than one year, except those officers or agents of the United States otherwise differently and specially provided for by law. 3 Sawyer, 302, 25 Fed. Cas., 303; U. S. v. Waitz, 3 Sawyer, 473, 28 R. S., s. 5481. Williams v. U. Ogden S., 168 U. S., 382; well, 3 Blatch., 319, 18 Fed. Cas., 613; U. S. v. Carr, Fed. Cas., 386; U. S. S. v. Moore, 18 Fed. 81 Receipting for U. S. v. Mayers, S., s. 5483. Fed. Rep., 159. SEC. 57. Whoever, being an officer or other person larger sums than charged with the payment of any appropriation made by are paid. Congress, pays to any clerk or other employee of the United States a sum less than that provided by law, and requires such employee to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined in double the amount so withheld from any employee of the Government, and shall be imprisoned at hard labor for the term of two years. cer unlawfully public money. 288. R. S., s. 5488. Disbursing offi- SEC. 58. Whoever, being a disbursing officer of the converting, etc., United States, or clerk acting as such, deposits any public money intrusted to him in any place or in any manner, 15 A. G. Op., except as authorized by law, or converts to his own use in any way whatever, or loans with or without interest, or for any purpose not prescribed by law withdraws from the treasurer or any 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. SEC. 59. If the Treasurer of the United States or any keep public mon- assistant treasurer, or any public depositary, or any clerk acting as such, fails safely to keep all moneys deposited by 31 Mar. 1886. e. any disbursing officer or disbursing agent, as well as all moneys 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 a sum equal to the amount of money so embezzled. Failure of treasurer to safely eys. R. S., s. 5489. 41, s. 1, 34 Stat. L., 89, 1 Supp., 489. 15 A. G. Op., 288. public money keep, etc. R. S., s. 5490. Custodians of SEC. 60. Every officer or other person charged by any failing to safely act of Congress with the safe keeping of the public moneys, who fails to safely keep the same, without loaning, using, U. S. v. Cook, 17 converting to his own use, depositing in banks, or exForsythe Me-changing for other funds than as specially allowed by law, Cas., 1152: 7 A. G. shall be guilty of embezzlement of the money so loaned, Wall., 168; U. S. v. Lean, 584, 25 Fed. Op., 82, 257. Failure of officer to render accounts, etc. R. S., s. 5491. U. S. v. Hutch Rep., 211, 26 Fed. 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. SEC. 61. Every officer or agent of the United States who, having received public money which he is not authorized to retain as salary, pay, or emolument, fails to render ison, 4 Pad his accounts for the same as provided by law shall be Cas., 452; 5 A. G. 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. Op., 685. posit as required. 15 A. G. Op., SEC. 62. Whoever, having money of the United States in Failure to dehis control or possession, fails to deposit it with the Treas-R. S., s. 5492, urer, or some assistant treasurer, or some public depositary 2805 of the United States, when required to do so 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. the five preced applied. SEC. 63. The provisions of the five preceding sections, Provisions of shall be construed to apply to all persons charged with the ing sections, how safe-keeping, transfer, or disbursement of the public money, whether such persons be indicted as receivers or depositaries of the same. R. S., s. 5493. Record evi SEC. 64. Upon the trial of any indictment against any dence of embez person for embezzling public money under the provisions zlement. of any of the six preceding sections, it shall be sufficient R. S., s. 5494. evidence, for the purpose of showing a balance 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. facie evidence. SEC. 65. The refusal of any person, whether in or out Prima of office, charged with the safe-keeping, transfer, or disbursement of the public 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 embezzle ment. Evidence conversion. SEC. 66. If any officer charged with the disbursement of the public moneys, accepts, receives, or transmits to R. S., s. 5496. the Treasury Department to 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. of Banker, etc.,re ceiving deposit officer. 42, s. 1, 20 Stat. L., Cook County National Bank v. 288. SEC. 67. Whoever being a banker, broker, or other perfrom disbursing son not an authorized depositary of public moneys, who R. S., s. 5497. knowingly receives from any disbursing officer, or col3 Feb., 1879, C. lector of internal revenue, or other agent of the United 280, 1 Supp., 213. States, any public money on deposit, or by way of loan or U. S., 107, U. S., accommodation, with or without interest, or otherwise 445; 15 A. G. Op., 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-eight of this code. And any officer connected with, or employed in, the Internal Revenue Service of the United States, and any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or other property of the United States, and any officer of the United States, or any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or property which may have come into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or assistant, whether the same shall be the money or property of the United States, or of some other person or party, shall, where the offense is not otherwise punishable by some statute of the United States, be punished by a fine equal to the value of the money and property thus embezzled or converted, or by imprisonment not less than three months nor more than ten years, or by both such fine and imprisonment. Officers not to be interested in SEC. 68. Whoever being an officer of the United States, claims against or person holding any place of trust or profit, or dischargUnited States. ing any official function under, or in connection with, any R. S., s. 5498. tis, 106 U. S. 371; Ex parte Cur Executive Department of the Government of the United Tyler's Motion, States, or under the Senate or House of Representatives re Winthrop, 31 of the United States, acts as an agent or attorney for 18 Ct. Cl., 25; In Ct. Cl., 35; People v. Duane, 121 N. 7:14. G. prosecuting any claim against the United States, or in any Op., 478. manner, or by any means, otherwise than in discharge of his proper official duties, aids or assists in the prosecution or support of any such claim, or receives any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or |