Page:United States Statutes at Large Volume 9.djvu/89

TWENTY·NINTH CONGRESS. Sess. I. Ch. 90. 1846. 63 nay pay all such moneys to the treasurer of the United States, to the treasurer of either of the mints in Philadelphia or New Orleans, to either of the other assistant treasurers, or to such other depositary constituted by this act as shall be designated by the Secretary of the Treasury in other parts of the United States to receive such payments, and give receipts or certificates of deposit therefor. Sec.16. And be it furtiuzr enacted, That all officers and other y;,.;,;,,, to be persons, charged by this act, or any other act, with the safe-keeping, ¥{1=¤i<= <>l"¤h¤ P:b· transfer, and disbursement, of the public moneys, other than those con- g;,T€h':,£°,?°u$; nested with the post-office department, are hereby required to keep post-office dean accurate entry of each sum received, and of each payment or P"·““‘°“'· transfer; and that if any one of the_said officers, or of those con- I F<>l°¤7»;° *29; nected with the post-office department, shall convert to his own use, ,;:**2 ggnkfpgbi in any way whatever, or shall use, by way of investment in any kind public money. of property or merchandise, or shall loan, with or without interest, or P““‘“h‘“°“°‘ shall deposit in any bank, or shall exchange for other funds, except as allowed by this act, any portion of the public moneys intrusted to him for safe-keeping, disbursement, transfer, or for any other purpose, every such act shall be deemed and adjudged to be an embezzlement of so much of the said moneys as shall be thus taken, converted, invested, used, loaned, deposited,or exchanged, which is hereby declared to be a felony; and any failure to pay over or to produce the public moneys intrusted to such person shall be held and taken to be pri- Evidence or ma facie evidence of such embezzlement; and if any officer charged °"‘°°"i°'"”° withthe disbursements of public moneys shall accept, or receive, or transmit to 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 said officer may have received for disbursement, or such other funds as he may be author- Payment in ized by this act_to take in exchange, the full amount specified in such "°b° receipt or voucher, every such act shall be deemed to be a conversion by such officer to his own use of the amount specified in such receipt or voucher; and any officer or agent of the United States, and all persons advising or participating in such act, being convicted thereof before any court of the United States of competent jurisdiction,shall Pumh e t be sentenced to imprisonment for a term of not less than six months m B ' nor more_than ten years, and to a fine equal to the amount of the wm, shan b, money embezzled, And, upon the trial of any indictment against ¤¤fF<=i¤¤* eviany person for embezzling public money under the provisions of this gegmucf QT: act, it shall be sufficient evidence, for the purpose of showing a balance gpx? of emagainst such person, to produce a transcript from the books and pro· °m°“*- ceedings of the treasury, as required in civil cases, under the provisions of the act entitled "An Act to provide more effectually for the Settlement of Accounts between the United States and Receivers of public Money," approved March third, one thousand seven hundred and mm °b· m- ninety-seven ; and the provisions of this act shall be so construed as to apply to all persons charged with the safe-keeping, transfer, or disbursement, of the public money, whether such persons be indicted as receivers or depositaries of the same; and the refusal of such person, whether in or out of office, to pay any draft, order, or warrant, which may be drawn upon him by the proper officer of the treasury department, 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 of the United States, shall be deemed and taken, upon the trial of any indictment against such person for embezzlement, as prima facie evidence of such embezzlement. Sec. 17. And be itfierihcr enacted, That, until the rooms, offices,