The daily union., 1846-09-25


be corsstent with the provisions Of existing lava,
and every depostary constituted by this act shall
keep hrs account OF the money paid 10 or deposled
with him, belonging TO the Post Office Departmen,
separate and distinct from the account kept bs him
Of other public moneys so paid or deposited. And
for the purpoae OF payments the public account
Il shall be lawful for the treasurer OF the Unirs5
States TO draw upon any OF the said deposaries 4,
he may think mosteonduciye 10 the pu bc intsr,.,s
or to the convenience OF the public creditors q,
both. And each depositary drawn upon shsn
make returns to the Treasury and Post Office DE-
partmepts of all moneys received aud paid by him
at such times and in such form shall be directed
by the Secretary Of the Treasury or the Postmaster
General.
SEc IL. Had De hJ,Tther enacted, That the See.
retary of the Treasury shall be, and he is hereby
authorized cause examinations to be made of he
books, accounts, and money on hand, Of the sey.
eral depostaries constituted by this act; and for
thst purpose TO appoint special agents, az occasion
may require, with such compensation, not exceed
Jog elk dollars per day and travelling expenses az
he may think reasonable, to be fixed and declared
at the time Of each appointment, The agents Sc.
leetcd 10 make these examinations shall be instruct.
ed to examine well the books, accounts, and re-
turns ofthe officer, as the money on hand, and the
manner Of its being kept to the end that uni
formy and accuracy IN the accounts as well
as safety to the public moneys may be secured
thereby.
SEC. IL. INA DC u JuTtNef eadcftc, lhdt IN addition
the examinations provided for in the last preced
ing section, and further guard over the public
moneys it shall be the duty Of each naval officer and
surveyor as a check upon the assistant treasurers
the collector Of the customs, OF their respective
districts, ofeach register OF land office, check
upon the receiver of his land Office and ofthe direct
or and superintendent ofeaeh mint and branch mint
when separate Offices, as check upon the treasu
ers respectively, Of the said mints the persons
acting such, at the close ofeach quarter Of the
year, aud much more frequently as they shall be
directed by the Secretary Of the Treasury to do So
10 examine the books, accounts, returns, and money
on hand OF the assistant treasurers, collectors, re-
cevers Of land offices, easurers ofthe mint and each
branch mint, and persons acting such and 10
make full accurate, and faithful return 10 the
Treasury Department Of their condition.
SIC 10. find be IL further enacted, That the said
officers, respectively, whose duty II is made, by This
act to receive, keep, and disburse the public mo-
aeys the fiscal agents Of the government, may be
allowed any necessary additional expenses for CLERKS
hre.proof chests or vaults, or other necessary ex.
penses Of safekeepng, transferring, and disbursng
said moneys; all such expenses Of every character
be first expressly authorized by the Secretary Of
the Treasury, whose directions upon all the above
subjects, by way Of regulation and otherwise, so far
az authorized by law, 10 be strictly followed by
all the said oficers Propidtd, That the whole num-
Der Of clerks To be appointed by virtue Of this sec.
ton ofthis act shall not exceed ten; and that the ag
exceed eight sand dollars, nor shall the eompeu-
sation OF any one clerk 40 appointed exceed eight
hundred dollars per annum.
SEC H. .Aad Dc IL further enacted, That the Seere-
nry OF the Treasury may, at his discretion, trans
fer the balances remaining with anyDf the present
Repositories, to any other of the present deposto-
ries, he may deem the safety of the public money
or the public convenience may require: Propidsd
That nothing in this act shn e so construed az 70
authorize the Secretary Of the Treasury to transfer
the balances remaining with any Of the present de-
positories to the repositories constituted by this
act, before the first day OF January next .fnd
proridtd That, for the purpose Of payments pub
c account, out OF balances remaining with the pres
ent repositories, II shall be lawful for the treasurer
Of the United States 10 draw upon any of the said
repositories as he may think most conducive to the
public interests. to the convenience of the public
creditors, or both.
SEC. Is .4nd be IL further enacted, That oil mar
shals district attorneys, and others having public
money to pay the United States and all patentees
wishing to make payment for patents to be issued,
may pay all such moneys to the treasurer Of the
United States the treasurer Of either Of the nints
in Philadelphia or New Orleans, to either of the
other assistant treasurers to such other deposla
ry constituted by this act shall be designated by
the Secretary of the Treasury IN other parts of the
United States to receive such payments, and give re-
| ceipts certificates Of deposte therefor.
SEC. l6 find be IL further enacted That all officers
and other persons, charged by this act any other
act, with the safe keeping, transfer, and dsburse-
ment of the public moneys, other than those con-
| nected with the Post Office Department, are here
| by required to keep accurate entry Of each
received and of each payment or transfer and that il
any of the said officers Of those connected with
the Post Office Department, shall convert his
use, IN any way whatever, or shall use, by way Of
investment in any kind of property or merchandise,
or shall loan, with or without interest," or shall de-
poslte in any bank shall exchange for other funds
ell, L, al, AZ
public moneys intrusted to him for safe-keeping,
disbursement, transfer, or for any other purpose,
every such act shall be deemed and adudged to be
embezzement of so much of the said moneys shall
be thus taken, converted invested used loaned, de-
posted, or exchanged, which is hereby declared TO
| be felony; and any failure to pay over to pro-
| duce the public moneys intrus,ed to such person
shall be held and taken TO be prina facie evidence
of such embezzlement, and if any officer charged
| with the disbursements of public moneys shall ac-
cept or receive, or transmit to the Treasury De-
partment to be allowed in his favor any receipt or
| voucher from a creditor of the United States with
out having paid to such creditor, in such funds as
the said officer may have received for disbursement,
| or such other funds he may be authorized by
this act to take in exchange, the full amount specl-
he'd IN such receipt or voucher, every such act shall
| be deemed to be conversion by such officer 20 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 participating IN
such act, being convicted thereof be ore any court
of the United States of competent jurisdiction, shall
be sentenced to imprisonment for a term of not less
than six months nor more than ten years, and toa
| hne equal to the amount Of the money embezzed
| And upon the trial of any Indictment against any
person for embezzling public money, under the pro-
visions ofthis act, it shall be sufficient evidence for
the purpose OF showing balance against such per,
son, to produce a transcript from the books and
proceedings of the treasury, as REQUIRED in civil
cases, under the provisions of the act entitled "An
act to provide more effeciuay for the settlement Of
accounts between the United States and receivers OF
pubic money" approved March third, one thous'
and seven hundred and nnety-seven; and the pro-
visions of this act shall be construed as to apply
to all persons charged with the safe-keepag, trans
Ter, or disbursement Of the public money wheh-
er such persons be indicted as receivers de-
postarles 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 or the Treasury Depart.
ment, for any public money in his hands belonging
10 the United States, matter in what capacity the
II