Page:United States Statutes at Large Volume 35 Part 1.djvu/1150

SIXTIETH CONGRESS. Sess. II. Cr:. 321. 1909. 1138 a less rate than would be charged for such higher class matter, shall be fined not more than one hundred dollars. . Sec. 222. Whoever, being a postmaster, shall affix his signature to renmssm-niegsiiy the approval of any bond of a bidder, or to the certificate of suih- “’§@_°33.{¥,'lg,?$§5_ ciency of sureties in any contract, before the said bond or contract is V°l-18»1>-235- signed by the bidder or contractor and his sureties, or shall knoly, or without the exercise of due diligence, approve any bond of a bidder with insufficient sureties, or shall knowing y make arg false or fraudulent certificate, shall be forthwith dismissed from 0 ce and be there- rmnameuuer. after dis ualified from holding the office of ostmaster; and shall also be fined not more than five thousand dbllars, or imprisoned not more than one year or both. Sec. 223. Whoever shall knowingly submit or cause to be sub- Sg¤¤1;*°¤£¤g°f•1¤; mitted to any postmaster or to the ost-Office Department or any $H.`¤°lii.aei·. °°°°° ` officer of the postal service, any false evidence relative to any pubh- V°‘· “· *’· 8% cation for the purpose of securing the admission thereof at the second-class rate, for translportation in the mails, shall be fined not Punishment rei-. more than five hundred dollars. Sno- 224. Whoever shall make, allege, or resent, or cause to be {gd¤¤1¤;s er vm? made, alleged, or presented, or assist, aid, or abet in ig.;} ° MIM °r or presentmg, any claim or application for indemnity for the loss of any registered letter, arcel, package, or other artic e or matter, or the contents thereof, knowinglsuch claim or application to be false, fictitious, or fraudulent; or w oever for the purpose of obtaining or aiding to obtain the payment or approval of any such claim or a plication, shall make or use or cause to be made or used, any false statement, certificate, affidbvit, or deposition; or whoever shall knowingly and willfully misrepresent or misstate, or, for the purpose aforesaid shall knowingly and conceal any material fact or circumstance in respect of any such c aim or a phcation for indemnity, shall be fined not more t an five hundred dollars, or imprisoned P¤¤i¤1¤¤¤¤ M. not more than one year, or both. Sec. 225. Whoever, beings postmaster or other person em loyed Misafpproprimuz in or connected with any ranch of the postal service, shall) loan, E2 }? "°°’ °' ‘”°" use, pledge, hypothecate, or convert to his own use, or shall deposit pP“,§;°;,;**°“·‘°“· in any bank, or exchange for other frmds or property, except as` ` authorized by law, any money or proplerty coming into his hands or under his control in any manner w atever, in the execution or under color of his office, employment, or service, whether the same shall be the money or property of the United States or not; or shall fail or refuse to remit to or eposit in the Treasury of the United States or in a designated depository, or to account for or turn over to the proper officer or agent, any such money or property, when requirec so to do by law or the regulations of the Post-Office Department, or upon demand or order of the Postmaster-General, either directly or through a duly authorized officer or agent, shall be deemed vuilty of embezzlement; and every such person, as well as l’“¤*°*¤¤°¤°*°’· everv other person advising or knowingly participating therein, shall be fined in a sum equal to the amount or value of the money or propertv embezzled, or imprisoned not more than ten years, or both. _ _ Any failure to produce or to pay over any such money or property, d,,{§Q“‘ '““° °“` when required so to do as above provided, shall be taken to be prima facie evidence of such embezzlement; and upon the trial of any indictment against any person for such embezzlement, it shall be prima facie evidence of a alance against him to produce a transcript from the acconmt books of the Auditor for the Post-Office Department. But nothing herein shall be construed to prohibit an mlQ,°g‘f‘i“· °°°·· P"` postmaster depositinrr, unc er the direction of the Postmaster—Generalj in a national ank dvesignated by the Secretary of the Treasury for that purpose, to his own credit as postmaster, any funds in his charge. nor prevent his negotiating drafts or other evidences of debt through such bank, or through United States disbursing officers, or I 80893-vo!. 35, rr 1-09--73