Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1846-10-30

duty of each naval officer and surveyor. as
check upon the assistant tfeasurers, or the col.
lector of the customs, Of their respective dis.
tr'cts; of each register Of land Office, as a
check upon The receiver of his land Office; and
OF The director and superintendent Of each mint
ana branch mint. when separate officers, as a
check upon the treasniers, respectively, Of the
sa'a MINIS or the persons acting as such, at
the close OF each quarter of the year, and as
much more frequently as they shall he direc-
ted by the Secretary Of the Treasury TO do so.
| TO examine the books, accounts. returns- and
money on hand, of the assistant treasurers.
collectors. receivers Of land Offices. treasurers
OF the mint, and each branch mint, and persons
acting as such, and to make full, accurate.
and faithful return to The Treasury Department
| Of their condition.
SEC. IS. find be ii further enacted. That the
said officers. respectively. whose duty it is
made by this act 10 receive, keep, and disburse
| the pnblic moneys, as the fiscal agents of the
| Government, may be allowed any necessary
additional expenses for clerks fire proof chests,
or vaults, or other necessary expenses Of safe
keeping. transferring, and disbursIng said mo-
neys; all snch expenses Of every character to
be first expressly authorized ny the Secretary
of tie Treasury, whose directions upon all The
above subjects, by way Of regulation and 9TH
erwise, so far authorized by law, are to be
strictly followed by all the said officers: Pro-
rided, That the whole number of clerks 20 be
appointed by virtue of this section of this act
shall not exceed ten; and that the aggregate
compensaions of the whole number shall not
exceed eight thousand dollars nor shall the
compensation Of any one clerk SO appointed
exceed eight hundred dollars per annum.
SEC. Ii. .7ndbe Hfurther enacted, That the
Secretary of the Treasury may, at his discre-
ton, transfer the balances remaining with any
of the present repositories 10 any other of the
present repositories, as he may deem the safe
ty OF the public money or the public cove
nence may require: Prorided, That nothing
| in this act shall be so construed as TO author
ize the Secretary of he Treasury TO transfer
the balances remaining with any Of the pres
ent repositories TO tho repositories constituted
by this act before the first day of January next:
find, prorided, That. for the purpose of pay
ments on public account, out Of balances re-
naming with the present repositories, 1t shall
be lawful for the Treasurer of the United
States TO draw upon any of the said deposito-
rles as he may think most conducive to the
public interests, or 10 the convenience Of the
public creditors, or both.
Sec. Is. And be II further enacted, That all
marshas, district attorneys, end others having
| pHbiiC w pay ~ tile NHlteu NotdbtSs anu
all patentecs wishing to make payment for
patents to be issued, may pay all such moneys
TO the Treasurer Of the United States, 10 the
treasurer of either of the minis in Philadel-
phia New Orleans, TO either of the other as
slstdnt trPasurers, or 10 such other depositafy
constituted by this act as shall be designated
by the Secretary of the Treasury in other
parts of the United States 10 receive such pay
ments, and give receipts or certificates of de-
| posite therefor.
Sec. l6. find be ii further enacted, That all
officers and other persons, charged by this act,
or any other act, with the safe-keeping, trans.
fer, and disbursement of the public moneys,
other than those connected with the Post Of
fee Department, ale hereby required to keep
an accurate entry Of each sum received. and
Of each payment transfer; and that if any
one of the said officers, or of those connected
with the Post Office Department, shall convert
to his own nsef in any way whatever, or shall
use, by way Of investmen: in any kind Of pro-
perty or merchandise, or shall loan. with or
without interest, or shall deposite 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, dis
bursement, transfer. or for any other purpose,
every such act shall be deemed and adjudged
to be an ENLIGHTENMENT of so much of the said
moneys as shall be thus taken, converted, in
vested, used. loaned, deposited, or exchanged,
which is hereby declared to be felony and
any failure to pay over or to produce the pub
lie moneys IntruSted TO such person shall bs
held and taken 10 be prima facie evidence Of
such embezzement; and ifany officer charged
with the disbursements ofpubic moueys shall
accept or receive, or transmit to the Treasury
Department to be allowed in his favor. any re-
ceipt or voucher from a creditor of the United
States, without having paid to such creditor.
in such funds as the said officer may have re-
ceived for disbursement, or such other funds
as he may be authorized by this act to take in
exchange, the full amount specified in such
receipt or voucher, every souch 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 be sentenced
to Imprisonment for term of not less than six
months no more than ten years, and to fns
equal to the amount Of the money embezzled.
And, upon the trial Of any indictment against
any person for embezzIing public money I'M
der the provisions of this act, it shall be suf
! fcient evidence, for the purpose of showing
balance against such person, to produce
transcript from the books and proceedings Of
the Treasury, as required in civil cases under
the provisions of the act entitled "An act to
Iprovide more effpctually for the settlement of
accounts between the United States and re-
cevers of public money" approved March
third, one thousand seven hundred and ninety
seven; and The provisions ofthis act shall be
SO construed as to apply 10 all persons charged
with the saie-keeping. transfer, or disburse-
ment OF the public money, whether such per-
sons 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 De-
partment, for any public money in his hands
Believing to the United States, no matter in
what capacity the same may have been re-
ceived or may be held, or to transfer or dis
burse any such money promptly. upon the lie.
gal requirement of any authorized officer Of
the United States. shall be deemed and ta-
ken, upon the trial of any indictment against
such person for embezzlement, as prima faeie
evidence of such elnbezzlement.
Seer II. And be it further enacted, That un.
til the rooms Offices vaults. and safes directed by
the first four sections of this act to be constructed
and prepared for the use Of the Treasurer of the
United States the treasurers of the minis at Phil
adeIphia and New Orleans, and the assistant treas
urers at New York, Boston, Charleston. and st.
Louis, can be constructed and prepared for use it
shall be the duty of the Secretary of the Treasury
t. procure suitable rooms for offices for those off,