Year: 1865

fPUBLIC-No. 104.1


An ACT to prohibit certain sales of gold and foreign


exchange.


BE it enacted by the Senate and House of Repre-
ssntdtiU.s Of the United States Of America in Com
gress assembled That it shall be unlawful to make
any contract fol the purchase sale and delivery OF
any gold coin bullion to be delivered on any Gay
subsequent to the day Of making such c0ntrdct' u
for the payment of any sum- either fixed or coIi''n
gent, in default OF the delivery of any gO'u COL" vi
bullion, and the payment in full OF the agIeeu P'Se
thereof on the day which such contract 10 ',''
in United States notes or national currency ana not
otherwise; or to make any contract io '''o Pu' oso
or sale and delivery of any foreign e@cnahee " oe
delivered at any time beyond ten oays subsequent 10
the making of such contract; or for the payment OF
.nx snn, either fixed contingent, in default Of the
delivery of any foreign exchange, upon any other
terms than the actual delivery of such foreign
change within ten days from the making of such
contract and the immediate payment in full of the
agreed price thereof on the day of delivery in United
States notes or national currency; to make any
contract whatever for the sale and delivery of any
gold coin bullion of which the person making such
ejntract shall not, at the time of making the same,
be in actual possession. And it shall be unlawful to
make any loan of money currency not being in
com to be repaid in coin bullion, to make any
loan of coin or bullion to be repaid in money
rency other than Coin.


Sec. :. And be Il further enacted That shall be
further unlawful for any banker, broker, or other
person, to make any purchase sale of any gold
coin or bullion, or OF any foreign exchange, any
contract for any such purchase sale, at any other
place than the ordinary place of business of either
the seller purchaser, owned hired and occupied
by him individually, or by partnership of which he
is a member.


See. 3. And be il further enacted, That all con-
tracts made in violation of this act shall be absolute
ly void.


Sec. 4. And he ii further enacted, That any per-
son who shall violate any provisions OF this act shall
be held guilty of mlsdemeanOr, and, on conviction
thereof, be fined in any not less than thou.
sand dollars, than ten thousand dollars,
be imprisoned tor a period not less than three
months nor longer than year, both, at the dis
creOn Of the court, and shall likewise be subject to
penalty Of one thousand dollars for each offence.


Sec. 5. And be it further enacted That the penal
ties imposed by the fourth section of this act may be
recovered in an action at law in any court of RECORD
of the United States, any court of competent jur
lsdictlon, which action may be brought in the name
OF the United States by any person who will sue fol
said penalty One-half for the of the United States
and The other half for the Of the person bringing
such action. And the recovery and satisfaction of
Judgment in any such action shall be a bar to tht
imposition OF any fine for the offence in AM
prosecution instituted subsequent to the recovery
such Judgment, but shall not be bar to the inhic
ton of punishment by imprisonment, as provided b!
said fourth section.


Sec. 6. And be it further enacted, That, all act
and parts of acts incoB~ tent with the provisions
tins act are hereby repealed.


Approved, June IL, 1864.