The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-01-18

said Secretary 10 draw upon any Of the said deposit
lares as he may think most conducive to the public
Interests or 10 the convenience OF the public ere
ditors or both.
SIC. III. Ard be IL further enacted, That the mo
news in the hands care, and custody, OF any Of the
deposaries constituted by this Act shall be consider
ed and held as deposited 10 The credit OF The Ireasu
rer OF the United States and shall BE-, at all times,
subject 10 his drail, whether made for transfer or
disbursement in the same manner as though the said
moneys were actually 10 the Treasury OF The United
States; and each depositaTy shall make returns 10
the Treasury Department OF all moneys received
and paid By him. at such times, and ia such form, as
shalt BE- directed by the Secretary The Treasury.
See 10 And be u further enacted That, whenever
public moneys shall accumulate IN The hands Of any
deposiiary constituted BY this act, other than The
Treasurer of the United States, the Treasurer OF the
Mint Of the United States the Treasurer of the
Branch Mint al New Orleans, and the Receivers
General of Public Money to an amount beyond that
secured by the bond of the officer or which the Sc
creary Of the Treasury shall forany cause consider
unsafe and il shall not be desirable TO transfer the
moneys so accumulated to any other depostary, II
shall be lawful for the said Secretary to direct The
said moneys or any portion thereof 10 be specially
deposited in such bank of the State or Territory
wherein the depositaTy who Is to make the depoSite
is located he the said Secretary shall select and
name Plouided. The bank so selected will agree
10 receive and keep the moneys deposited with It
upon the terms and conditions in the next section OF
| this act prescribed
SEC 10 And bell further enacted, That the special
deposes of the public moneys authorized by the last
preceding section of this act to be made in banks,
shall be made upon the following terms and condi-
lions, and upon no other, namely:
| First All such deposites shall be strictly special
deposies; and the banks holding them shall be pro-
hbited in the most efiectua manner, from making
any use of the moneys deposited, by way oil loans,
discounts, in any other manner, or Tor any other
purpose whatsoever; and to secure the fulhmenl OF
this condition. the Secretary of the Treasury Is au-
! horized in his discretion to furnish the banks
4 as h1nl vii keeping
/ of the public moneys exclusively and under the
joint contro of the bank and some designated officer
ofthe Government, or TO ADOPT such other guards as
/ he shall prefer.
Second. Nothing but gold or silver, or such notes,
/ bills, or paper, issued under the authority Of the
United States, as may be directed by law TO be re-
ceived in payment of the public dues shall be offered
for depoSile, or received by the bank as deposie,
under the provisions of this act
| Third. All depositeS shall be passed, upon the
books OF the bank, 10 the credit OF the depositary
making the same; but no moneys deposited IN Puf-
| suance Of this act shall be withdrawn without the
express order the Secretary of the Treasury Tor
| the payment; and no drafts OF the Treasurer OF the
United States; orders or warrants OF The Secrca-
ry of The Treasury for ordinary transfer or disburse-
i ment shall be made upon any bank selected as de-
| poste bank under this act.
! Fourth. "A commission such shall be agreed
upon between the Secretary of the Treasury and the
| bank, not in any case 10 exceed per cenum
/ upon the moneys deposited with it, shall be allowed
and paid by the United States in full satisfaction of
all claims the part OF the bank for trouble ardris
growing out OF the receipt, saie-keeping and repay
! ment of the special deposes herein authorized 10 be
made, all accounts for cominissonsto be audited and
paid at the Treasury of the United States.
SEC. H. And be IL further enacted, That, in case no
| bank within the State or Territory wherein the de-
posary directed TO make deposites, is located will
/ consent TO receive the moneys of the Government
upon special deposi,e, according TO the foregoing
conditions and regulations, then it shall be lawful for
the Secretary of the Treasury TO select some bank in
an adjoining State, or Territory, such as may be
most convenient for the otfcerto make depoSiteS and
| the public service; aud in case no convenient bank
! of either character can be found willing TO receive
such deposcs upon the terms proposed the Secrc-
tary NAV transfer the same 10 the Treasury of the
United States, to the Mint or Branch MINIS, or TO
the offices of either of the Receivers General of
Public Money, as shall be most convenient TO the
depoSitary from whom the money is TO be transferred
or to the wants Of the public service in reference TO
disbursements
Sac Is And be il further enacted, That the Sccre-
tary OF the Treasury shall be, and he is hereby au-
| thoriZed TO examinations 10 be made of the
books, accounts and money on hand, OF the several
depoSitarieS constituted by this act; and forhat pur-
pose to appoint special agents, as occasion may re-
quire, with such compensation as he may think rea-
sonabe, TO be fixed and declared at the time of each
| appointment; which said examinations, in all eases
where the sum on hand usually exceeds three-fourths
ofthe amount of the officers bond shall not be made
less frequently than in each year, and as much
more frequently, in those and all other cases. as the
Secretary in his discretion, shall direct. The agents
selected 10 make these examinations shall be instruct
ed 10 examine as well the books accounts, and re-
turns of the officer, as the money on hand, and the
manner Of its being kept to the end that uniformity
and accuracy in the accounts as well as safety TO
| the public moneys, may be secured thereby.
Sac. Is. And BE- IL further enactsd That, in addi-
ton to the examinations provided for in the last pre-
ceding section and further guard over the pub,
lie moneys, il shall be the duty OF each Naval OIL
| Ger and Surveyor, as q check upon the Receiver
General of Public Moneys, or Collector OF the Gus
toms, of their respective districts of each Register
OF Land Office, as check upon the Receiver Of
| his Land Ofhcei and of the Director and Superin-
| tendent Of each Mint and Branch Mint when scpa-
rate offices, check upon the Treasurers reSpec-
lively, of the said MINIS or the persons acting as
such al the close of each quarter Of the year and
much more frequently as they shall be directed by
| the Secretary of the Treasury 10 do So 10 examine
the books, accounts, returns and money on hand of
the Receivers General of Public Money, Collectors,
Receivers of Land Offices, Treasures and persons
acting as such, and to make full, accurate and
faithful return to the Treasury Department of their
condition.
SEC. II. And be 10 further enacted That the said
officers respectively, whose duty it is made by this
act to receive, keep, and dsblrSe the public moneys,
as the fiscal agents of the Government may be al
lowed any necessary additional expenses for clerks,
fre-prooi chests, or vaults, other necessary ex-
penses oil safe-keepng transferring, and diSburSing
said moneys; all such expenses OF every character
TO be first expressly authorized by the Secretary of
the Treasury, whose directions upon all the above
subjects by way of regulation and Otherwise are 10
BE- strictly followed by all the said officers.
Sec Is And be II further enacted, That the Secre-
tary OF the Treasury shall, with as much promp-
tude as the convenience of the public business and
the safety of the public funds will permit withdraw
the balances remaining with the present deposarics
of the public moneys, and confne the Safe-keeping
transfer, and disbursement Of those moneys to the
depositaries established by this act.
SEc. 49, And bet farttsr enacted, That all Mar
shals, District Attorneys, and others, having public
fl,nI S,Lnin-