The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-03-10

him TO reqnhe and iof the purpose OF payments on
public account 10 draw upon any Of the said deposi,a
res he may think conducive ~ the public into
rest or 10 the public creditors. or both
$50, 10 Aad he n further egacisd That the money
ia he custody o any ~ the deposltanes constituted ny
this act. shall he considered aud held rs deposited 10
the credit Of the Treasurer Of the United States and
shall be- all times, SUBJECT to hts drai, whether made
for transfer or disbursement and each deposllary shalt
make returns 10 the Treasury Department oi oil money
received aud pad by HIM, ut such times, and IN such
FORM shall be directed by the Secretary oil the Irea-
sHry
SEC - And be IL further enacted, That whenever
public money shall accumulate IN the hands Of any de-
postary constituted by this act other than the lrea-
surer Of the United States the Treasurer oil the Mutt oil
the United States Treasurer OF the Branch Mint al
New Orleans, aud the public receivers TO an amount
beyod hat secured by the bond Of the officer which
the Secretary Of tho Treasury shall for amy cause,
slider unsafe aud shall not be desirable TO transfer The
money 50 accumulated TO any other dtposary, shall
be lawful for the said Secretary TO dect the said mo-
new or any portion thereof TO be specially deposited IN
such bank OF the State or Territory wherein the dcpo
site is located as he the said Secretary shall select
Pr0piaed The hank so selected will agree 10 receive
and keep the money deposited with upon the terms
and conditions prescribed IN the next section OF this
act ;.
deposaes Of the public money authorized hy the last pre-
cednu SECTION OF this TO be made 10 banks, shall be
made upon the following terms aud conditions:
First All such deposites shall be strictly special de-
postes; and the banks holding them shall he prohibited
~ the most etectal manner, from making any use OF
The moneys deposited by way Of loans, discounts IN
any other manner for any other purpose whatsoever
and 10 secure The fuhlent Of this condition, the Secre-
tary OF the Treasury authorized, IN his discretion, 10
furnish the banks selected depose banks with safes
for the keeping Uf the public moneys exclusively and
under the JOINT control OF the bank anu some ofeer OF
the Government whom this duty may be assigned by
the Secretary Of the Treasury, or to adopt such other
guards as he shall prefer
Second Nothing bur gold or silver. or such Treasury
notes. Other evidences of debt, issued under the au-
thority Of the United States may be directed BY law
Ice received payment of the public dues, shall he
offered for opposite, received by the bank depo
site, under the provisions of this act
fhrd Al delosites shall he passed, upon the books
OF the bank the credit Of the depostary making the
same but money deposited IN pursuance OF this act
shall lee withdrawn without the express order OF the Sc
creary Of the Treasury and drafts OF the Treasurer
Of the United States, or orders or warrants OF the Be-
creary of the Treasury for ordinary transfer or dlsbnrse
ment, shall he made upon any bank selected as dcpo-
site hank under this act
Fourth. a commission, such as shall he agreed upon
between the Secretary of the Treasury and the bank not
in any case to exceed oue-eghth Of one per centun
upon the money deposited with It, shall he allowed aud
paid by the United States, in full satisfaction Of all
claims the part Of the bank for trouble aud risk grow
ing out OF the receipt. saiekeepmg and return Of The
accounts for commissions shall be audited and paid at
The Treasury OF the United States.
SIC. Is And be further enacted, That, in case no
bank within the State Territory wherein the deposi-
.arv directed make depustes located, will consent
receive the moneys OF the Government upon special
dcposite according to the foregoing conditions and reg
nlatous then shall be lawful for the Secretary OF the
Treasury To transfer the same 10 the office OF the lred-
sircr Of the United States, TO the Mint. or Bra 'ch
MINIS. 10 the offices of either OF the public receivers,
shall he most convenient TO the deposary or tor the
disbursement Of the public money.
SEC. is And be H}arthcr enacted, Tha, the Secre-
tary Of the Treasury shall be- and he hereby author
lzed TO examinations TO he made Of the hooks,
accounts. and money hand, Of each Of the deposa-
res constituted by this act aud TO direct the district at
tor'ey lnarsha residing within the district to make
said examinations and IN all where the
hand usually exceeds threefounhs OF the amount OF the
officers bond said examination shall NJ, he made less
frequently than once III each year, and as much more
frequently. and si other the Secretary
either House Of Congress shall direct The agents
directed 10 make these examinations shall be Instructed
to examine well the books accounts, and returns OF
the officer. the money hand, and the manner OF It's
being kept, the end that uniformity and accuracy IN
the accounts well safety o The public money may
be secured thereby.
SEC n AHd be u further enacted That, III addition
TO the examinations provided for the last preceding
section, aud further guard over the public moneys
It shall be The duty OF each collector, naval officer and
New York, and Charleston Of their respective districts:
Of each naval officer and surveyor check upon the
collectors VI the customs, OF their respective districts
where he is entrusted with the public money; OF each
register OF land Office check upon the receiver OF
hts land office the public receiver; aud Of the director
and superintendent o each mint aud branch mint when
separate offices. check upon the ueasurers, rcspcc
lively, OF the sa n'ns, or the persons acting as such
the close Of rca quarter OF the year. and Is much
more frequently they snail bc directed by the Secre
tsry OF the Treasury do examine the books
counts, returns, and money hand, OF the public re-
ceyes, collectors, receivers OF land Offices, reasuers
and persons acting such, and TO make full, accu-
rate and faithful return the Treasury Department of
their condition.
SEC. IS. AMI he II fa,ihcr enacted, That the Secre
tary vi the Treasury shall soon the convenience
Of the public business, and the safety Of the public funds
viii permit Withdraw the balances remaining with the
present depositares OF the public money and conne the
safekeepng transfer, and disbursement oil the TO
the Repositories established 10y this act.
SEC, 10. Aad be n Further enaced That all officers
charged by tins with the safe keeping, transfer and
disbursement OF the public money, hereby required
10 keep an accurate enlry Of each received and OF
the kind OF money IN which 1t is received, aud OF each
payment or transfer, and Of the kind Of currency IN
which II Is uade. and that If airy one OF the SAID ot-
GERS shall converto his own use in any way whatever
shall use by way OF investment IN any kind Of pro-
perry or merchandise or shall loan, with without in
tercst, any portion OF the pubic money mtrusted to hun
oI safe keeping, disbursement transfer for any other
purpose, every such ACT shall be deemed and adudgcd TO
be an enhezzlemcnt OF much Of the SAID money
shall be thus taken, converted invested used loaned
which is hereby declared be felony, and any officer
person convicted thereof, before any court Of the
United States OF competent jurisdictions shall be
fenced TO Imprisonment for Of not less rhsn
nor more than five years, aud to fine equal to the
amount Of the money cmbczzcd.
SEC. 20 Aad be n Ju,ther enacted, That from and
after the thirty first day Of December in the year one
thousand eight hundred and thirty weight, the resolution
of Congress Of the ,hrc.h day Of April, the year
one thousand eight hundred and sixteen 50 far as au-