Page:United States Statutes at Large Volume 14.djvu/461

Tl-1IRTY—NINTH CONGRESS. Sess. H. Ch. 154. 1867. 431 reason of death or resignation, by granting commissions which shall expire ing the recess of at the end of their next session thereafter. And if no appointment, by ;:°bEgE;i Mw and with the advice and consent of the Senate, shall be made to such wm, cme to office so vacant or temporarily filled as aforesaid during such next session f€m¤l¤1i¤¤¤l>¢y- of the Senute, such office shall remain in abeyance, without any salary, °"°°' fees, or emolumcuts attached thereto, until the same shall be filled by appointment thereto, by and with the advice and consent of the Senate ; and Powers of oil during such time all the powers and duties belonging to such office shall g;‘f,0‘:,“;:‘§);‘;‘;lf be exercised by such other officer as may by law exercise such powers and swissé by duties in case of a vacancy in such office. Wh<>*¤· Sec. 4. And be it further enacted, Thut nothing in this act contained No term or 0:. shall be construed to extend the term of any oiltice the duration of which is? °X*°¤d°d by is iamnea bylaw. ‘ *5 “°‘· Size. 5. And be izjterther enacted, That if any person shall, contrary to Penalty forecthe provisions of this sict, accept any appointment to or employment in g;l;;"'%f‘é;::jf;_ any office, or shall hold or exercise or attempt to hold or exercise, any t,,,,ygt0 this uct_ such office or employment, he shall be deemed, and is hereby declared to be, guilty of a high misdemeanor, und, upon trial and conviction thereof, hc shall be punished therefor by 2. fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court. Sm. 6. And be it further enacted, That every removal, appointment, or T he removal, employment, made, hud, or exercised, contrary to the provisions of this 3: act, and the making, signing, sealing, countersigning, or issuing of any ormug,,g_&c_’ commission or letter of authority for or in respect to any such appoint- 2;** °tQm¤¤i*5i<>¤» ment. or employment, shall be deemed, and are hereby declared to be, high s,,,,' misdemeanors, and, upon trial and conviction thereof, every person guilty this act, made a thereof shall be punished by a. fine not exceeding ten thousand dollars, or :I{gg;'A‘*d€°£ff"‘ by imprisonment not exceeding five years, or both said punishments, in the therefor}? y discretion of the court: Provided, That the President shall have power pmmo, to make out and deliver, after the adjournment of the Senate, commissions for all officers whose appointment shall have been advised and consented to by the Senate. Sec. 7. And be it further enacted, That it shall be the duty of the Secre— Secretary of tary of the Senate, at the close of each session thereof, to deliver to the Senate atthe Secretary of the Treasury, and to each of his assistants, and to each of jlld of ;?*‘°lE§¤· the auditors, and to each of the comptrollers in the treasury, and to the ,,2 ,:2-:,l{,,,,_ treu—nrer, and to the register of the treasury, a full and complete list, tions and rejecduly certified, of all the persons who shall have been nominated to and “°"“·&°‘ rejected by the Senate during such session, and a like list of all the oflices to which nominations shall have been made and not confirmed and filled ut such session. S100. 8. And be it ywgther enacted, That whenever the President shall, The President without the advice and consent of the Senate, designate, authorize, or f_g31‘;Q'“g,Pll;g*’°' employ any person to perform the duties of any office, he shall forthwith ·rmgury ,,4,,,,, notify the Secretary of the Treasury thereof; and it shall be the duty of he has ¤¤¤d¢ =¤¤ the Secretary of the Treasury thereupon to communicate such notice to :,*§{°c‘Q':}§§Q$,;° ull the proper accounting and disbursing officers of his department. the consent of Sec. 9. And be it jurther enacted, That no money shall be paid or re- fl";)E€?*;h°·me‘ ceived from the treasury, or paid or received from or retained out of any Sec,.,,,:,,,. in public moneys or funds of the United States, whether in the treasury or such menot, to or by or for the benefit of any person appointed to or authorized bf;gQ§¥0“gf L; to act in or holding or exercising the duties or functions of any office con· ceiveu by: any trary to the provisions of this act; nor shall any claim, account, voucher, i>°:§<!¤ °°:¥*=“‘Y order, certificate, warrant, or other instrument providing for or relating to °Ngscf,$m_ ,,0, such payment, receipt, or retention, be- presented, passed, allowed, ap- counr,&c.r¤r proved, certified, or paid by any officer of the United States, or by any person exercising the functions or performing the duties of any office or gw, P ' place of trust under the United States, for or in respect to such office, or