Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-03-07


counterfeited, any signature upon any bill, re-
ceipt, voucher, account, claim, roll, state
ment affidavit, or deposition; and any per-
son in said forces or service who shall utter
or use the same as true or genuine, knowing
the same to have been forged or counterieiled;
any person in said forces or service who shall
enter into any agreement, combination, or
conspiracy to cheat or defraud the govern
ment of the Uuited States, or any department
or officer thereof, by obtaining, or aiding and
assisting to obtain, the payment or allowance
of any false or fraudulent claims any person
in said forces or service who shall steal, en-
bezzle, or knowingly and wilfully misappro-
pirate or apply to his own use or benefit, or
who shall wrongfully and knowingly sell, con-
vey, or dispose of any ordnance, arms, am
munition, clothing, subsistence stores, money
or other property of the United States, fur
nished or to be used for the military or naval
service of the United States; any contractor,
agent, paymaster, quartermaster, or other
person whatsoever in said forces or service
having charge, possession, custody, or con-
troll OF any money or other public property,
used or to be used in the military or naval SER
vice of the United States, who shall, with
intent to defraud the United States, or wilful-
iy to conceal such money or other property
deliver or cause to be delivered to any other
person having authority to receive the same
any amount Of such money or other public
properly less than that for which he shall re-
ceive certificate or receipt; any person in said
forces or service who is or shall be authorized
to make or deliver any certificate, voucher,
or receipt, or other paper certifying the re-
ceipt of arms, ammunition, provisions, cloth
ing, or other public property so used or to be
used, who shall make deliver the same to
any person without having full knowledge of
the truth of the facts stated therein, and with
intent to cheat, detraud, or injure the United
States; any person in said forces or service
who shall knowingly purchase or receive, in
pledge for any obligation or Indebtedness,
from any soldier, officer, or other person call
Ell into or employed IN said forces or service,
any arms, equipments, ammunition, clothes,
or military stores, or other public property,
such soldier, officer, or other person not hay-
ing the lawful right to pledge or sell the same,
shall be deemed guilty of criminal offence,
and shall be subject to the rules and regula-
tons made for the government of the military
and-naval forces Of the United States, and OF
the militia when called into and employed in
the actual service of the United States in time
OF war, and to the provisions of this act And
every person so offending may be arrested and
held for trial by court martial, and if found
guilty shall be punished by fine and imprison-
ment, or such other punishment as the court
martial may adJudge, save the punishment of
death.
Sect. 2. And be it further enacted, that any
person heretofore called or hereafter to be
called into or employed in such forces or SER
vice, who shall commit any violation of this
act and shall afterwards receive his discharge
or be dismissed from the service, shall, not
withstandng such discharge or dismissal, con-
tinue to be liable to be arrested and held for
trial and sentence by a court martial, in the
same manner and to the same extent as if he
had not received such discharge or been dis
missed.
Sect. 3. And be it further enacted that any
person not in the military or naval forces of
the United States, nor in the militia called
into or actually employed in the service of the
United States who shall do or commit any of
the acts prohibited by any Of the foregoing
provisions of this act, he shall forfeit and pay
to the United States the sum of two thousand
dollars, and, in addition, double the amount
of damages which the United States may have
sustained by reason Of the doing or commit
ting such act, together with the costs of suit;
and such forfeiture and damages shall be sued
for in the same suit and every such person
shall, in addition thereto, on conviction in any
conrt of competent jurisdiction, be punished
by Imprisonment not less than one nor more
than five years. or by fine of not less than
one thousand dollars, and not more than five
thousand dollars.
Sect. 4. And be it further enacted, that
the several district courts of the United
States, the circuit court of the District of CO.
lumbia or any court therein to be established
having general jurisdiction in civil cases, the
several district courts of the territories of the
United States within whose jurisdictional lin
its the person doing or committing such act
shall be found, shall, wheresoever such act
may have been done or committed, have full
power and jurisdiction to hear, try, and deter
mine such suit. Such suit may be brought
and carried on by any person, as well for
himself as for the United States the same
shall be at the sole cost and charge of such
person, and shall be In the name of the United
States, but shall not be withdrawn dscon-
tinued without the consent, in writing, of the
judge of the court and the district attorney,
first filed in the case, setting forth their rea-
sons for such consent.
Sect s. And be it further enacted, that it
shall be the duty of the several district attor-
neys of the Unitel States for the respective
district, for the District of Columbia, and for
the several territories, to be diligent in in
quiring into any violation of the provisions of
this act by persons liable to such suit, and
lOunu WllDln tnelr respective OlslTlclS OF
territory, and to cause him or her to be pro-
ceeded against in due form of law for the re-
covery of such forfeiture and damages And |
such person may be arrested and held to bail
in such sum as the district judge may order,
not exceeding the said sum of two thousand
dollars, and twice the amount of the damages |
sworn to in the affidavit of the person bring |
ing the suit.
Sect. G. And be it further enacted, that |
the person bringing said suit and prosecuting |
it to final judgment shall be entitled to receive |
one half the amount of such forfeiture, as
well as one half the amount of the damages |
he shall recover and collect; and the other
half thereof shall belong TO and be paid over
to the United States; and such person shall |
be entitled to receive to his own use all costs
the court may award against the defendant,
to be allowed and taxed according to any pro-
vision of law or rule of court in force, or that |
shall be in force in suits between private par
ties in said court: Provided, that such per-
son shall be liable for all costs incurred by
himself in the case, and shall have 10 claim
therefor on the United States.
Sect. Z. And be it further enacted, that ev-
cry such suit shall be commenced within six
years from the doing or committing the act,
and not afterwards.
Sect. s. And be it further enacted, that
no officer or agent of any banking or other
commercial corporation, and no member of
opy p,oroopt;la ~ trudinU firm parson Il;