State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-20

exceed ten; and that the aggregate compensa
tons of the whole number shall not exceed eight
thousand dollars; nor shall the compensation
OF any one clerk SO appointed exceed eight hun
dred dollars per annunn
SEC. ID. Aud be further enacted, That the
Secretary of the Treasury may, at his dscre..
ton, transfer the balances remaining with any
of the present repositories to any other of the
present repositories, as he may deem the safety
OF the public money or the public convenience
may require: Prouided, That nothing in this
act shall be so construed as to authorize the
Secretary of the Treasury to transfer the halan-
ces remaining with any of the present deposit
tories to the repositories con stituted by this act
before the first day of January next And pro,
cided, That for the purpose of payments on
public account, out OF balances remaining with
the present repositories, in shall be lawful for
the Treasurer of the United States to draw upon
any Of the said repositories as he may think
most conducive to The public interests, or TO the
convenience of the public creditors, or both.
SEC. IS. ind be ii further enacted, That, all
marshals, district attorneys, and others having
public money to pay to the United States, and
all patentees wishing to make payment for pa
tents TO be issued, may pay all such moneys 10
the Treasurer OF the United States, to the trea-
surer of either of the minis in Philadelphia or
New Orleans, TO either of the other asss ant
treasurers, or to such other depository constitu-
ted 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. l6. lind be i further enacted, That all
officers and other persons, charged by this act,
or any other act with the safe..keeping transfer,
aud disbursement of the public mont VS. other
than those connected with the Post Office De.
partment, are hereby required TO keep an accu-
rate entry of each sum received, and of each pay
ment or transfer; and that if any one of the said
officers, or ofthose connected with the Post Or
flee Department, shall convert to his own use,
IN any way whatever, or shall Use, by way of
investment in any kind Ct property or merchan-
disc, or shall loan, with or without interest, or
shall deposite ia 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 deem
ed and adjudged 10 be an embezzement OF so
much OF the said moneys as shall be thus taken,
converted, invested, used, loaned, deposited, or
exchanged, which Ia hereby declared to be a
felony and any failure 10 pay over or to pro-
duce the public moneys lntrusted to such person
shall be held and taken to lie prima fdeie evil
dence of such ENLIGHTENMENT and if any officer
charged with the disbursements of public mon,
eys shall except or receive, or transmit TO the
Treasury Department TO be allowed in his ia
vor, and receipt or voucher from 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 authorized by this act to
take in exchange, the full amount specified in
oh IL It'll l.
deemed to be conversion by such officer to
his own use of the amount specified in such re-
ceipt or voucher; and any officer or agent of
the United States, and all persons advising or
participating IN such act, being convicted there
of before any court of the Urited States of com
peteDt jurisdiction, shall be sentenced to impris-
onment for term of not less than six months
nor more than ten years, and to fine equal TO
the amount OF the money embeZzed. And,
upon the trial of any indictment against any
person for embezzlng public money under the
provisions Of this act, it shall be sufficient evi,
dence, for the purpose of showing balance
against such pcrson, to produce a transcript
from the books and proceedings of the Treasury,
as required in civil CAGES, under the provisions
of the act entitled "An act to provide more eff
factually for the settlement of accounts between
the United States and receivers of public mon
Cys dppiOFtu iuiCu tllTu, Uut tIiOuSuTu beNcU
hundred and ninety-seven; and the provs ion s
OF this act shall be so construed as to apply to
all persons charged with the safe.kee ping trans
fer, or disbursement Of the public money, wheth-
er such persons be indicted as receivers or de-
postaries of the same; and the refusal OF such
person, whether in or out Of office, 10 pay and
draft, order, or warrant which may be drawn
upon him by the proper officer of the Treasu nv
Department, for any plblic money in his hands
belonging TO the United States, no matter in
what capacity the same may have been receiv-
ed or may be held, or to transfer or dsburse any
such money promptly. upon the legal require
ment Of any authorized officer of the United
States, shall be deemed and taken, upon the trial
of any indictment against such person for EN-
bezzlement, as prima facie evidence of such en-.
bezZlement.
SEQ. II. find be il further enacted, T hat, un-
til the rooms, Offices, vaults. and safes, directed
by the first four sections of this act to be co.,
structed and prepared for the use of the Treas
uier of The United States, the treasurers Of the
mlnts at philadelphia and New Orleans, and
the assistant treasurers at New York, Boston,
Charleston, and st. Lonis, can be constructed
and prepared for use, it shall be the duty of the
Secretary of the Treasury to procure suitable
rooms for Offices for those officers at their res.
pectve locations, and to contract for such use of
vaults and safes as may be required for the safe
keeping of the public moneys in the charge and
custody If those officers respectively the expense
to be paid by the United States.
And whereas, BY the thirtieth section Of the
act entitled "An act to regulate the collection
of duties imposed by law on the tonnage of ships
or vessels, and on goods, wares. and merchandi.
SEES imported into the United States" approved
July thirty one, seventeen hundred and eighty
nipe, it was provided that all fees and dues COL
lected by virtue of that act should be received
in gold and silver coin only and whereas, also,
by the fifth section of the act approved May
ten, eighteen hundred, entitled "An act to amend
the act entitled IAN act providing for the sale
of The lands Of the United States in the territory
northwest of the Ohio. and above the mouth of
Kentucky river" it was provided that payment
for the said lands shall be made by all purcha-
sers in specie. or in evidences of the public
debt; and whereas. experience has proved that
said provisions ought to be revived and enforced,
according TO the true and wise intent Of the
Constitution of the United States
SEC. Is. And be itfurther enacted, That on
tho first day of January, in the year ole thou
sand eight hundred and forty-seven, and there's
after, all duties, iaxes, sales of public lands,
debts, and sums of money accruing or becoming
dine the IInifod II Ia, oil H.,