Year: 1866

the same any amount of such money other
public property less than that for which he shall
receive certificate receipt; any person in said
forces service who is or shall be authorized tn
make or deliver any certificate, voucher, receipt
or other paper certifying the receipt of arms am
property SO used or to be used, who shall make
or deliver the same to any person without having
full knowledge of the truth of the facts stated
therein and with intent to cheat, defraud or in
Jure the United States any person in sale forces
or service who shall knowingly purchase
ceiVe, in pledge for any obligation or indebted
ness, from any soldier, officer, or other person
called into or employed in said forces or service,
any arms, equipments, ammunition, clothes, or
military stores, other public proper, such SOL
dier officer, or other person not having the law
tul right to pledge or sell the same, shall be
deemed guilty of criminal offence, and shall be
subject to the rules and regulations 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 proviS-
ions 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 imprisonment, or such other punishment
as the court-martial may adjudge, save the punish
ment of DEATH


Sec @ And be it further enacted, That any per-
heretofore called or hereafter to be called into
or employed in such forces or service, who shall
commit any violation of this act and shall alter
wards receive his discharge, or be dismissed from
the service, shall Notwithstanding such discharge
or dismissal, continue to be liable to be arrested
and held for trial and sentence by court martial,
i'll the same manner and to the same extent as if
he had not received such discharge or been dis
missed.


Sec g. And be it further enacted That any per-
not in the military naval forces of the Uni
ted States 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 10 the United States the sum
of two thousand dollars, and, in addition, double
the amount of damages which the United States
have sustained bV of the doing
committing snch 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 i'll any
court of competent jurisdiction, be punished by
imprisonment not less than one, nor more than
five years, or by fine of not less than one thou
sand dollars, and not more than hVe thousand
dollars


Sec. 4. And be it further enacted, That the
several district courts of the United States, the
circuit court of the District of Columbia, 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 jurisdctional limits the person do
ing committing such act shall be found, shall,
whereSocver such act may have been done or
committed, have full power and Jurisdiction to
hear try and determine 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 or discontin-
ued without the consent in writing, of the judge





in the case, setting forth their reason for such
consent.


Sec. 4. And be it further enacted, That it shall
be the duty of the several district attorneys of
the United States for the respective districts for
the District of Columbia, and for the several ter
ritories, be diligent in inquiring into the vio
lation of the provisions of this act by persons liza
bic to such suit, and found within their respec-
tive districts or territories and to cause him or
her to b. proceeded against in due form OF law
for the recovery 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 dol
lars and twice the amount of the damages sworn
to in the affidavit OF the person bringing on the
suit.


Sec 6. And be it further enacted, That the
person bringing said suit and prosecuting 1t 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 re-
cover 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 re-
ceive 10 his all costs that the court may
award against the defendant to be allowed and
taxed according to any provision OF law or rule
of court in force that shall be in force In suits
between private parties in said court Provided,
That such person shall be liable for all costs in
CURED by himself in the case and shall have no
claim therefor on the United States.


Sec. Z. And be it further enacted, That every
such suit shall be commenced within six years
from the doing or committing the act, and not
afterwards.


See g. And be it further enacted That no Off
Ger or agent of any banking or other commercial
corporation, and no member of any mercantile or
other trading firm, or person directly or lndl-
rectly interested in the pecunary profits or con-
tracts of such corporation or firm, snail DE en-
ployed shall act an officer or agent OF the
United States for the transaction OF business
with such corporation firm and every such
officer, agent or member, or person, SO interest
ed, who shall so act, shall upon conviction there
of be punished by a fine OF not more tlian TWO
thousand dollars nor less than five hundred dol
lars, and by imprisonment for a term not exceed
ing two years.


Sec g. And be it further enacted, Thst all acts
and parts of acts inconsistent with or repugnant
to any of the provisions of this act are hereby re-
pealed, saving, however, and excepting any and
all suits prosecutions now commenced pend
ing, and all rights of suit or prosecution undcr
any prior act of Congress, on account OF the 40
ing committing of any act hereby pronDlted;
and all rights and claims which the United States
or any person persons, now have, growing out
of such prioo act all which pending suits and
prosecutions shall proceed and be determined,
and all which rights and claims shall remain ana
be valid and effectual if this present act had
not been passed; shall this act be SO con
strued as i'll any way to impair or anect tne opn-
is or shall hereafter become the surety OF any
person contracting with the United States, or
any officer or agent thereof but every sucn sure
ty shall be liable and answerable Tor the delaulI
of his principal in the same manner as II thls act
had not been passed, save damages to the extent
to which his principal has performed the con-
tract, or, if damages have been so recovered TO
the extent of one-half the damages SO recovered
and paid; which last amount may be shown In
reduction of damages in any suit brought against
the principal and surety, principals ana sure
ties, on their contract


Approved, March 2, 1868.


CHAP. LXVIH


An Act to authorize an Increase in the Number


of Major Generals and Brigadier Generals 1or