Volume 35 · 1089
Public Law 60–321
To codify, revise, and amend the penal laws of the United States.
Approved March 4, 1909
Statutory text
An Act
To codify, revise, and amend the penal laws of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Conyress assembled,
That the penal laws of the
Criminal Code.
United States be, and they hereby are, codified, revised, and amended, with title, chapters, headnotes, and sections, entitled, numbered, and to read as follows:
CRIMES.
Chapter One. offenses against the existence of the government.
Sec. 1.
Whoever, owing allegiance to the United States, levies
Treason defined.
R. S., sec. 5331. p. 1036.
war against them or adheres to then enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason.
Sec. 2.
Whoever is convicted of treason shall suffer death; or, at
Punishment for.
R. S., sec. 5332, p. 1036.
the discretion of the court, shall be imprisoned not less than five years and fined not less than ten thousand dollars, to be levied on and collected out of any or all of his property, real and personal, of which he was the owner at the time of committing such treason, any sale or conveyance to the contrary notwithstanding; and every person so convicted of treason shall, moreover, be incapable of holding any office under the United States.
Sec. 3.
Whoever, owing allegiance to the United States and having
Misprision of treason defined.
R. S., sec. 5338, p. 1036.
knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be imprisoned not more than seven
Punishment for.
years and lined not more than one thousand dollars.
Sec. 4.
Whoever incites, sets on foot, assists, or engages in any
Inciting, etc., rebellion or insurrection.
R. S., sec. 5884, p. 1036.
Punishment for.
rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both; and shall, moreover, be incapable of holding any office under the United States.
Sec. 5.
Every citizen of the United States, whether actually resident
Criminal correspondence with foreign governments.
R. 8., sec. 5335, p. 1036.
or abiding within the same, or in any place subject to thejurisdiction thereof, or in any foreign country, without the permission or authority of the Government, directly or indirectly, commences or carries on any verbal or written correspondence or intercourse with any foreign government or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign government or of any\officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States; and every person, being a
Punishment for.
citizen of or resident within the United States or in any place subject to the jurisdiction thereof, and not duly authorized, counsels, advises, or assists in any such correspondence with such intent, shall be fined not more than five thousand dollars and imprisoned not more than three years; but nothing in this section shall be construed
Redress of private injuries.
to abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.
Sec. 6.
If two or more persons in any State or Territory, or in any
Seditious conspiracy.
R. S., sec. 5336, p. 1037.
place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than five thousand dollars,
Punishment for.
or imprisoned not more than six years, or both.
Sec. 7.
Whoever recruits soldiers or sailors within the United
Recruiting for service against United States.
R. S., sec. 5337, p. 1037.
States, or in any place subject to the jurisdiction thereof, to engage in armed hostility against the same, or opens within the United States, or in any place subject to the jurisdiction thereof, a recruiting station for the enlistment of such soldiers or sailors to serve in any manner in armed hostility against the United States, shall be fined
Punishment for.
not more than one thousand dollars and imprisoned not more than five years.
Sec. 8.
Every person enlisted or engaged within the United States
Enlisting to serve against United States.
R. S., sec. 5338, p. 1037.
Punishment for.
or in any place subject to the jurisdiction thereof, with intent to serve in armed hostility against the United States, shall be fined one hundred dollars and imprisoned not more than three years.
Chapter Two. offenses against neutrality.
Sec. 9.
Every citizen of the United States who, within the territory
Accepting foreign commission to serve against friendly power.
R. S., sec. 5281, p. 1024.
or jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, shall be fined not more than
Punishment for
two thousand dollars and imprisoned not more than three years.
Sec. 10.
Whoever, within the territory or jurisdiction of the United
Enlisting in foreign service.
R. S., sec. 5282, p. 1024.
States, enlists, or enters himself, or hires or retains another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, shall be fined not more than one thousand dollars and
Punishment for.
imprisoned not more than three years.
Sec. 11.
Whoever, within the territory or jurisdiction of the United
Arming vessels against friendly powers.
R. S., see. 5283, p. 1024.
States, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out, or arming of any vessel, with intent that such vessel shall be employed in the service of any foreign prince or state, or of any colony, district, or people, to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, or whoever issues or delivers a commission within the territory or jurisdiction of the United States for any vessel, to the intent that she may be so employed, shall be fined not more than ten thousand dollars
Punishment.
Forfeiture of vessel, etc.
and imprisoned not more than three years. And every such vessel, her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use of the informer and the other half to the use of the United States.
Sec. 12.
Whoever, within the territory or jurisdiction of the
Augmenting force of foreign armed vessel.
R. S., sec. 5285, p. 1024.
United States, increases or augments, or procures to be increased or augmented, or knowingly is concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel which, at the time of her arrival within the United States, was a ship of war, or cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district, or people, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by adding thereto any equipment solely applicable to war, shall be fined not more than one thousand dollars and imprisoned
Punishment for.
not more than one year.
Sec. 13.
Whoever, within the territory or jurisdiction of the
Organizing military expedition against friendly power.
R. S., sec. 5286, p. 1025.
United States, begins, or sets on foot, or provides or prepares the means for, any military expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, shall be fined not more than three thousand
Punishment for.
dollars and imprisoned not more than three years.
Sec. 14.
The district courts shall take cognizance of all complaints,
Enforcement by courts.
R. S., see. 5287, p. 1025.
by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which, any military expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this chapter; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for
Employment of land or naval forces.
the President, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to enforce the execution of the prohibitions and penalties of this chapter, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace.
Sec. 15.
It shall be lawful for the President, or such person as he
Compelling foreign vessels to depart.
R. S., see. 5288, p. 1025.
shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States, she ought not to remain within the United States.
Sec. 16.
The owners or consignees of every armed vessel sailing
Bond from armed vessels on clearing.
R. S., sec. 5289, p. 1025.
out of the ports of, or under the jurisdiction of, the United States, belonging wholly or in part to citizens thereof, shall, before clearing out the same, give bond to the United States, with sufficient sureties, in double the amount of the value of the vessel and cargo on board, including her armament, conditioned that the vessel shall not be employed by such owners to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace.
Sec. 17.
The several collectors of the customs shall detain any
Detention by collectors of customs.
R. S., sec. 5290, p. 1025.
vessel manifestly built for warlike purposes, and about to depart the United States, or any place subject to the jurisdiction thereof, the cargo of which principally consists of arms and munitions of war, when the number of men shipped on board, or other circumstances, render it probable that such vessel is intended to be employed by the owners to cruise or commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace, until the decision of the President is had thereon, or until the owner gives such bond and security as is required of the owners of armed vessels by the preceding section.
Sec. 18.
The provisions of this chapter shall not be construed to
Construction of this chapter.
R. S., sec. 5291, p. 1026.
Transient aliens.
extend to any subject or citizen of any foreign prince, state, colony, district, or people who is transiently within the United States and enlists or enters himself on board of any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people who is transiently within the United States to enlist or enter himself to serve such foreign prince, state, colony, district, or people on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district, or people. Nor shall they be
Prosecutions for treason or piracy not affected.
construed to prevent the prosecution or punishment of treason, or of any piracy defined by the laws of the United States.
Chapter Three . offenses against the elective franchise and civil rights of citizens.
Sec. 19.
If two or more persons conspire to injure, oppress,
Conspiring to injure, etc., persons in the exercise of civil rights.
R. S., sec. 5508, p. 1067.
threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same, or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured, they shall be fined
Punishment for.
not more than five thousand dollars and imprisoned not more than ten years, and shall, moreover, be thereafter ineligible to any office, or place of honor, profit, or trust created by the Constitution or laws of the United States.
Sec. 20.
Whoever, under color of any law, statute, ordinance,
Depriving citizens of civil rights under color of State laws
R. S., sec. 5510, p 1068.
regulation, or custom, willfully subjects, or causes to be subjected, any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution and laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than one thousand
Punishment for.
dollars, or imprisoned not more than one year, or both.
Sec. 21.
If two or more persons in any State, Territory, or District
Conspiring to prevent officer from performing duties.
R. S., sec. 5518, p. 1070.
conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, Territory, District, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties,
Punishment for.
each of such persons shall be fined not more than five thousand dollars, or imprisoned not more than six years, or both.
Sec. 22.
Every officer of the Army or Navy, or other person in the
Unlawful presence of troops at polls.
R. S., sec. 5528, p 1071.
civil, military, or naval service of the United States, who orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held in any State, unless such force be necessary to repel armed enemies of the United States, shall be fined not more than five thousand dollars
Punishment for.
and imprisoned not more than five years.
Sec. 23.
Every officer or other person in the military or naval
Intimidating voters by Army or Navy officers, etc.
R. S., sec. 5529, p. 1071.
service of the United States who, by force, threat, intimidation, order, advice, or otherwise, prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right of suffrage at any general or special election in such State shall be fined not more than
Punishment for.
five thousand dollars and imprisoned not more than five years.
Sec. 24.
Every officer of the army or navy who prescribes or fixes,
Army or Navy officers prescribing qualifications of voters.
R. 8., sec. 5530, p. 1072.
or attempts to prescribe or fix, whether by proclamation, order, or otherwise, the qualifications of voters at any election in any State shall be punished as provided in the preceding section.
Sec. 25.
Every officer or other person in the military or naval
Interfering with election officers by Army or Navy officers, etc.
service of the United States who, by force, threat, intimidation, order, or otherwise, compels, or attempts to compel, any officer holding
R. S.. sec. 5531, p. 1072.
an election in any State to receive a vote from a person not legally qualified to vote, or who imposes, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an election in the discharge of his duty, shall be punished as provided in section twenty-three.
Sec. 26.
Every person convicted of any offense defined in the four
Additional punishment.
R. S., sec. 5532, p. 1072.
preceding sections shall, in addition to the punishment therein prescribed, be disqualified from holding any office of honor, profit, or trust under the United States; but nothing therein shall be construed
Suffrage by officers, etc., not impaired.
to prevent any officer, soldier, sailor, or marine from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws’ of the State in which he offers to vote.
Chapter Four . offenses against the operations of the government.
Sec. 27.
Whoever shall falsely make, forge, counterfeit, or alter
Forging, etc., letters patent.
R. S., sec. 5416, p. 1049.
any letters patent granted or purporting to have been granted by the President of the United States; or whoever shall pass, utter, or publish, or attempt to pass, utter, or publish as genuine, any such forged, counterfeited, or falsely altered letters patent, knowing the same to be forged, counterfeited, or falsely altered, shall be fined not
Punishment for.
more than five thousand dollars and imprisoned not more than ten years.
Sec. 28.
Whoever shall falsely make, alter, forge, or counterfeit,
Forging bonds, bids, public records, etc.
R. S., secs. 5418, 5479, pp. 1050, 1062.
or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly aid, or assist in the false making, altering, forging, or counterfeiting, any bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or shall utter or publish as true, or cause to be uttered or published as true, or have in his possession with the intent to utter or publish as true, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing, for the purpose of defrauding the United States, knowing the same
Transmi tting forged, etc., papers.
to be false, forged, altered, or counterfeited; or shall transmit to, or present at, or cause or procure to be transmitted to, or presented at, the office of any officer of the United States, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing, knowing the same to be false, forged, altered, or counterfeited, for the purpose of defrauding the United States, shall be fined not more than
Punishment for.
one thousand dollars,-or imprisoned not more than ten years, or both.
Sec. 29.
Whoever shall falsely make, alter, forge, or counterfeit,
Forging deeds, powers of attorney,
R. S., sec. 5421, p. 1050.
or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly aid or assist m the false making, altering, forging, or counterfeiting, any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive from the United States, or any of their officers or agents, any sum of money; or whoever shall utter or publish as true, or cause to be uttered or published as true, any such false, forged, altered, or counterfeited deed, power of attorney, order, certificate, receipt, contract, or other writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or whoever shall transmit to, or present at, or cause
Transmittingforged, etc., papers.
or procure to be transmitted to, or presented at, any office or officer of the Government of the United States, any deed, power of attorney, order, certificate, receipt, contract, or other writing, in sunport of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited, shall be fined not more than one thousand dollars and
Punishment for.
imprisoned not more than ten years.
Sec. 30.
Whoever, knowingly and with intent to defraud the
Having false, etc. papers in possession.
R. S., sec. 5422, p. 1051.
United States, shall have in his possession any false, altered, forged, or counterfeited deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of enabling another to obtain from the United States, or from any officer or agent thereof, any sum of money, shall be fined not more than five hundred dollars,
Punishment for.
or imprisoned not more than five years, or both.
Sec. 31.
Whoever, being an officer authorized to administer oaths
Officer making false acknowledgments.
or to take and certify acknowledgments, shall knowingly make any false acknowledgment, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter, submitted to, made with, or taken on behalf of, the United States, and concerning which an oath or affirmation is required by law or regulation made in pursuance of law, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined not more than two thousand dollars, or imprisoned not
Punishment for.
more than two years, or both.
Sec. 32.
Whoever, with intent to defraud either the United States
Falsely pretending to be United States officer.
R. 8., sec. 5438, p. 1056.
Vol. 23, p. 11.
or any person, shall falsely assume or pretend to be an officer or employee acting under the authority of the United States, or any Department, or any officer of the Government thereof, and shall take upon himself to act as such, or shall in such pretended character demand or obtain from any person or from the United States, or any Department, or any officer of the Government thereof, any money, paper, document, or other valuable thing, shall be fined not more than one thousand
Punishment for.
dollars, or imprisoned not more than three years, or both.
Sec. 33.
Whoever shall falsely personate any true and lawful holder
False personation of holder of public stocks, pensioner, etc.
R. 8., sec. 5435, p. 1053.
of any share or sum in the public stocks or debt of the United States, or any person entitled to any annuity, dividend, pension, prize money, wages, or other debt due from the United States, and, under color of such false personation, shall transfer or endeavor to transfer such public stock or any part thereof, or shall receive or endeavor to receive the money of such true and lawful holder thereof, or the money of any person really entitled to receive such annuity, dividend, pension, prize money, wages, or other debt, shall be fined not more than
Punishment for.
five thousand dollars and imprisoned not more than ten years.
Sec. 34.
Whoever shall knowingly or fraudulently demand or endeavor
False demand on fraudulent power of attorney.
R. 8., sec. 5436, p. 1054.
to obtain any share or sum in the public stocks of the United States, or to have any part thereof transferred, assigned, sold, or conveyed, or to have any annuity, dividend, pension, prize money, wages, or other debt due from theUnited States, or any part thereof, received, or paid by virtue of any false, forged, or counterfeited power of attorney, authority, or instrument, shall be fined not more than five thousand
Punishment for.
dollars and imprisoned not more than ten years.
Sec. 35.
Whoever shall make or cause to be made, or present or cause
Presenting false claims.
Ante, p. 555.
R. 8., sec. 5438, p. 1054.
to be presented, for payment or approval, to or by any person or officer in the civil, military, or naval service of the United States, any claim upon or against the Government of the United States, or any department or officer thereof, knowing such claim to be false, fictitious, or fraudulent; or whoever, for the purpose of obtaining or aiding to obtain the payment or approval of such claim, shall make or use, or cause to be made or used, any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry; or whoever shall enter into any agreement, combination, or conspiracy to defraud the Government of the United States, or any department or officer thereof, by obtaining or aiding to obtain the payment or allowance or any false or fraudulent claim; or whoever, having charge, possession, custody, or control of any money or other public property used or to to be used in the military or naval service, with intent to defraud the United States or willfully to conceal such money or other property, shall deliver or cause to be delivered, to any other person having authority to receive the same, any amount of such money or other property less than that for which he received a certificate or took a receipt; or whoever, being authorized to make or deliver any certificate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing, or other property so used or to be used, shall make or deliver the same to any other person without a full knowledge of the truth of the facts stated therein, and with intent to defraud the United States, shall be fined not more than five thousand
Punishment for.
dollars, or imprisoned not more than five years, or both. And whoever
Unlawful purchase of public property.
shall knowingly purchase or receive in pledge for any obligation or indebtedness from any soldier, officer, sailor, or other person called into or employed in the military or naval service, any arms, equipments, ammunition, clothes, military stores, or other public property, whether furnished to the soldier, sailor, officer, or person, under a clothing allowance or otherwise, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same, shall be
Punishment for.
lined not more than five hundred dollars, and imprisoned not more than two years.
Sec. 36.
Whoever shall steal, embezzle, or knowingly apply to his
Embezzling arms, stores, etc.
R. S., sec. 5439, p. 1055.
own use, or unlawfully sell, convey, or dispose of, any ordnance, arms, ammunition, clothing, subsistence, stores, money, or other property of the United States, furnished or to be used for the military or naval service, shall be punished as prescribed in the preceding section.
Sec. 37.
If two or more persons conspire either to commit any
Conspiring to commit offense against United States.
R. S., sec. 5440, p. 1055.
Vol. 21, p. 4.
Punishment for all parties.
offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be fined not more than ten thousand dollars, or imprisoned not more than two years, or both.
Sec. 38.
Whoever shall willfully do, or aid or advise in the doing,
Fraudulent in terference with delivery, etc., of prize property.
R. S., sec. 5441, p. 1055.
of any act relating to the bringing in, custody, preservation, sale, or other disposition of any property captured as prize, or relating to any documents or papers connected with the property, or to any deposition or other document or paper connected with the proceedings, with intent to defraud, delay, or injure the United States or any captor or claimant of such prop rty, shall be fined not more than ten
Punishment for.
thousand dollars, or imprisoned not more than five years, or both.
Sec. 39.
Whoever shall promise, offer, or give, or cause or procure
Bribery of United States officer.
R. S., sec. 5451, p. 1056.
to be promised, offered, or given, any money or other thing of value, or shall make or tender any contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyanceof anything of value, to any officer of the United States, or to any person acting for or on behalf of the United States in any official function, under or by authority of any department or office of the Government thereof, or to any officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or both Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than three
Punishment for.
times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and imprisoned not more than three years.
Sec. 40.
Whoever shall take and carry away, without authority
Unlawfully taking or using papers relating to claims.
R. S., sec. 5454, p. 1057.
from the United States, from the place where it has been filed, lodged, or deposited, or where it may for the time being actually be kept by authority of the United States, any certificate, affidavit, deposition, written statement of facts, power of attorney, receipt, voucher, assignment, or other document, record, file, or paper, prepared, fitted, or intended to be used or presented in order to procure the payment of money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such claim, account, or demand, or any part thereof, has or has not already been allowed or paid; or whoever shall present, use, or attempt to use, any such document, record, file, or paper so taken and carried away, in order to procure the payment of any money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, shall be fined not more than five thousand dollars, or
Punishment for
imprisoned not more than ten years, or both.
Sec. 41.
No officer or agent of any corporation, joint stock company,
Persons interested not to act as government agents.
R. S., sec. 1783, p. 316.
or association, and no member or agent of any firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation, joint stock company, association, or firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation, joint stock company, association, or firm. Whoever shall violate the provision of this section
Punishment for.
shall be fined not more than two thousand dollars and imprisoned not more than two years.
Sec. 42.
Whoever shall entice or procure, or attempt or endeavor to
Enticing desertion from Army or Navy.
R. S., secs. 1553, 5455, pp. 264, 1057.
entice or procure, any soldier in the military service, or any seaman or other person in the naval service of the United States, or who has been recruited for such service, to desert therefrom, or shall aid any such soldier, seaman, or other person in deserting or in attempting to desert from such service; or whoever shall harbor, conceal, protect, or assist any such soldier, seaman, or other person who may have .deserted from such service, knowing him to have deserted therefrom, or shall refuse to give up and deliver such soldier, seaman, or other person on the demand of any officer authorized to receive him, shall be imprisoned not more than three years and fined not more than two thousand dollars.
Sec. 43.
Whoever shall procure or entice any artificer or workman
Enticing workmen from arsenals or armories.
R. S., sec. 1668, p. 291.
retained or employed in any arsenal or armory, to depart from the same during the continuance of his engagement, or to avoid or break his contract with the United States; or whoever, after due notice of the engagement of such workman or artificer, during the continuance of such engagement, shall retain, hire, or in anywise employ, harbor, or conceal such artificer or workman, shall be fined not more than fifty
Punishment for.
dollars, or imprisoned not more than three months, or both.
Sec. 44.
Whoever shall willfully trespass upon, injure, or destroy
Injuries to fortifications, etc.
Vol. 30, p. 717.
any of the works or property or material of any submarine mine or torpedo, or fortification or harbor-defense system owned or constructed or in process of construction by the United States, or shall wilfully interfere with the operation or use of any such submarine mine, torpedo, fortification, or harbor-defense system, shall be fined not more
Punishment for.
than five thousand dollars, or imprisoned not more than five years, or both.
Sec. 45.
Whoever shall go upon any military reservation, army
Unlawfully entering fort, etc.
post, fort, or arsenal, for any purpose prohibited by law or military regulation made in pursuance of law, or whoever shall reenter or be found within any such reservation, post, fort, or arsenal, after having been removed therefrom or ordered not to reenter by any officer or person in command, or charge thereof, shall be fined not more than
Punishment for.
five hundred dollars, or imprisoned not more than six months, or both.
Sec. 46.
Whoever shall rob another of any kind or description of
Robbery of personal property of United States.
R. S., sec. 5456, p 1058.
Punishment for.
personal property belonging to the United States, or shall feloniously take and carry away the same, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both.
Sec. 47.
Whoever shall embezzle, steal, or purloin any money,
Embezzling public moneys, etc.
Vol. 18, p. 479.
Punishment for.
property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both.
Sec. 48.
Whoever shall receive, conceal, or aid in concealing, or
Receiving, etc., stolen public property.
Vol. 18, p. 479.
shall have or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or purloined by any other person, knowing the same to have been so embezzled, stolen, or purloined, shall be fined not more than five thousand
Punishment for.
dollars, or imprisoned not more than five years, or both; and such person may be tried either before or after the conviction of the principal offender.
Sec. 49.
Whoever shall cut, or cause or procure to be cut, or shall
Timber depredations on public lands.
wantonly destroy, or cause to be wantonly destroyed, any timber growing on the public lands of the United States; or whoever shall remove, or cause to be removed, any timber from said public lands, with intent to export or to dispose of the same; or whoever, being the owner, master, or consignee of any vessel, or the owner, director, or agent of any railroad, shall knowingly transport any timber so cut or removed from said lands, or lumber manufactured therefrom, shall be fined not more than one thousand dollars, or imprisoned not
Punishment for.
more than one year, or both. Nothing in this section shall prevent
Rights of entrymen.
any miner or agriculturist from clearing his land in the ordinary working of his mining claim, or in the preparation of his farm for tillage, or from taking the timber necessary to support his improvements, or the taking of timber for the use of the United States. And nothing in this section shall interfere with or take away any right or privilege under any existing law of the United States to cut or remove timber from any public lands.
Sec. 50.
Whoever shall unlawfully cut, or aid in unlawfully cutting,
Timber, etc., depredations on reservations or Indian lands.
R. S., sec. 5388, p. 1044.
Vol. 25. p. 166.
or shall wamonly injure or destroy, or procure to be wantonly injured or destroyed, any tree, growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of
Punishment for.
Indians under the authority of the United States, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both.
Sec. 51.
Whoever shall cut, chip, chop, or box any tree upon any
Boxing, etc., trees for turpentine.
Vol. 34, p. 208.
lands belonging to the United States, or upon any lands covered by or embraced in any unperfected settlement, application, filing, entry, selection, or location, made under any law of the United States, for the purpose of obtaining from such tree any pitch, turpentine, or other substance, or shall knowingly encourage, cause, procure, or aid in the cutting, chipping, chopping, or boxing of any such tree, or shall buy, trade for, or in any manner acquire any pitch, turpentine, or other substance, or any article or commodity made from any such pitch, turpentine, or other substance, when he has knowledge
Punishment for.
that the same has been so unlawfully obtained from such trees, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both.
Sec. 52.
Whoever shall willfully set on fire, or cause to be set on
Setting fire to timber on public lands.
Vol. 31, p. 169.
fire, any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn unattended near any timber or other
Punishment for.
inflammable material, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both.
Sec. 53.
Whoever shall build a fire in or near any forest, timber, or
Failing to extinguish fires.
Vol. 31, p. 170.
other inflammable material upon the public domain shall, before leaving said fire, totally extinguish the same; and whoever shall fail to
Punishment for.
do so shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both.
Sec. 54.
In all cases arising under the two preceding sections the
Fines to be paid into school funds.
Vol. 31, p. 170.
fines collected shall be paid into the public school fund of the county in which the lands where the offense was committed are situated.
Sec. 55.
Whoever, except forest rangers and other persons employed
Trespassing on Bull Run National Forest, Oreg.
Vol. 33, p. 526.
by the United States to protect the forest, federal, and state officers in the discharge of their duties, and the employees of the water board of the city of Portland, State of Oregon, shall knowingly trespass upon any part of the reserve known as Bull Run National Forest, in the Cascade Mountains, in the State of Oregon, or shall enter thereon for the purpose of grazing stock, or shah engage in grazing stock thereon, or shall permit stock of any kind to graze thereon, shall be fined not
Punishment for.
more than five hundred dollars, or imprisoned not more than six months, or both.
Sec. 56.
Whoever shall knowingly and unlawfully break, open, or
Breaking fences, driving cattle, etc., on inclosed public lands,
Vol. 18, p. 481.
destroy any gate, fence, hedge, or wall inclosing any lands of the United States which, in pursuance of any law, have been reserved or purchased by the United States for any public use; or whoever shall drive any cattle, horses, hogs, or other live stock upon any such lands for the purpose of destroying the grass or trees on said lands, or where they may destroy the said grass or trees; or whoever shall knowingly permit his cattle, horses, hogs, or other live stock, to enter through any such inclosure upon any such lands of the United States, where such cattle, horses, hogs, or other live stock may or can destroy the grass or trees or other property of the United States on the said lands, shall be fined not more than five hundred dollars, or imprisoned not
Punishment for.
more than one year, or both: Provided, That nothing in this section
Proviso.
Lands excepted.
shall be construed to apply to unreserved public lands.
Sec. 57.
Whoever shall willfully destroy, deface, change, or remove
Injuring or removing survey marks.
Vol. 29, p. 343.
to another place any section corner, quarter-section corner, or meander post, on any Government line of survey, or shall willfully cut down any witness tree or any tree blazed to mark the line of a Government survey, or shall willfully deface,-change, or remove any monument or bench mark of any Government survey, shall be fined
Punishment for.
not more than two hundred and fifty dollars, or imprisoned not more than six months, or both.
Sec. 58.
Whoever in any manner, by threats or force, shall interrupt,
Interrupting surveys.
R. S., sec. 2412, p. 442.
hinder, or prevent the surveying of the public lands, or of any private land claim which has been or may be confirmed by the United States, by the persons authorized to survey the same, in conformity with the instructions of the Commissioner of the General Land Office,
Punishment for.
shall be fined not more than three thousand dollars and imprisoned not more than three years.
Sec. 59.
Whoever, before or at the time of the public sale of any
Agreements to prevent bids at land sales.
R. S., sec. 2373, p. 434.
of the lands of the United States, shall bargain, contract, or agree, or attempt to bargain, contract, or agree with any other person, that the last-named person shall not bid upon or purchase the land so offered for sale, or any parcel thereof; or whoever by intimidation, combination, or unfair management shall hinder or prevent, or attempt to hinder or prevent, any person from bidding upon or purchasing any tract of land so offered for sale, shall be fined not more
Punishment for.
than one thousand dollars, or imprisoned not more than two years, or both.
Sec. 60.
Whoever shall willfully or maliciously injure or destroy
Injuries to United States telegraph, etc., lines.
Vol. 18, p. 250.
any of the works, property, or material of any telegraph, telephone, or cable line, or system, operated or controlled by the United States, whether constructed or in process of construction, or shall wilfully or maliciously interfere in any way with the working or use of any such line, or system, or shall willfully or maliciously obstruct, hinder, or delay the transmission of any communication over any such line, or system, shall be fined not more than one thousand dollars,
Punishment for.
or imprisoned not more than three years, or both.
Sec. 61.
Whoever shall knowingly issue or publish any counterfeit
Counterfeiting weather forecasts.
Vol. 33, p. 864.
weather forecast or warning of weather conditions falsely representing such forecast or warning to have been issued or published by the Weather Bureau, United States Signal Service, or other branch of the Government service, shall be fined not more than five hundred
Punishment for.
dollars, or imprisoned not more than ninety days, or both.
Sec. 62.
Whoever shall forcibly assault, resist, oppose, prevent,
Molesting Animal- Industry employees.
Vol. 33, p. 1265.
impede, or interfere with any officer or employee of the Bureau of Animal Industry of the Department of Agriculture in the execution of his duties, or on account of the execution of his duties, shall be fined not more than one thousand dollars, or imprisoned not more
Punishment for.
than one year, or both; and whoever shall use any deadly or dangerous
Using dead1y weapon.
weapon in resisting any officer or employee of the Bureau of Animal Industry of the Department of Agriculture in the execution of his duties, with intent to commit a bodily injury upon him or to deter or prevent him from discharging his duties, or on account of the
Punishment for.
performance of his duties, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both.
Sec. 63.
Whoever shall forge, counterfeit, or falsely alter any
Forging customs entry certificates.
R. S., sec. 5417, p. 1050.
certificate of entry made or required to be made in pursuance of law by any officer of the customs, or shall use any such forged, counterfeited, or falsely altered certificate, knowing the same to be forged, counterfeited, or falsely altered, shall be fined not more than ten
Punishment for.
thousand dollars and imprisoned not more than three years.
Sec. 64.
Whoever shall willfully conceal or destroy any invoice,
Concealing or destroying invoices, etc.
R. 8., sec. 5443, p. 1055.
book, or paper relating to any merchandise liable to duty, which has been or may be imported into the United States from any foreign port or country, after an inspection thereof has been demanded by the collector of any collection district, or shall at any time conceal or destroy any such invoice, book, or paper for the purpose of suppressing any evidence of fraud therein contained, shall be fined not
Punishment for.
more than five thousand dollars, or imprisoned not more than two years, or both.
Sec. 65.
Whoever shall forcibly assault, resist, oppose, prevent,
Resisting revenue officers, rescuing or destroying seized property, etc.
R. S., sec. 5447, p. 1055.
impede, or interfere with any officer of the customs or of the internal revenue, or his deputy, or any person assisting him in the execution of his duties, or any person authorized to make searches and seizures, in the execution of his duty, or shall rescue, attempt to rescue, or cause to be rescued, any property which has been seized by any person so authorized; or whoever before, at, or after such seizure, in order to prevent the seizure or securing of any goods, wares, or merchandise by any person so authorized, shall stave, break, throw
Punishment for.
overboard, destroy, or remove the same, shall be fined not more than two thousand dollars, or imprisoned not more than one year, or both; and whoever shall use any deadly or dangerous weapon in
Using deadly weapon.
resisting any person authorized to make searches or seizures, in the execution of his duty, with intent to commit a bodily injury upon him or to deter or prevent him from discharging his duty, shall be
Punishment for.
imprisoned not more than ten years.
Sec. 66.
Whoever shall falsely represent himself to be a revenue
Falsely assuming to be a revenue officer.
R. 8., sec. 5448, p. 1056.
officer, and, in such assumed character, demand or receive any money or other article of value from any person for any duty or tax due to the United States, or for any violation or pretended violation of any revenue law of the United States, shall be fined not more than five
Punishment for.
hundred dollars and imprisoned not more than two years.
Sec. 67.
Whoever, being engaged in the importation into the
Offering presents to customs officer.
R. 8., sec. 5452, p. 1056.
United States of any goods, wares, or merchandise, or being interested as principal, clerk, or agent in the entry of any goods, wares, or merchandise, shall at any time make, or offer to make, to any officer of the revenue, any gratuity or present of money or other thing of value, shall be lined not more than five thousand dollars, or imprisoned
Punishment for.
not more than two years, or both.
Sec. 68.
Whoever, being an officer of the revenue, shall, by any
Admitting entries for less than legal duties.
R. S., sec. 5444, p. 1055.
means whatever, knowingly admit or aid in admitting to entry, any goods, wares, or merchandise, upon payment of less than the amount of duty legally due thereon, shall be removed from office and fined not more than five thousand dollars, or imprisoned not more than
Punishment for.
two years, or both.
Sec. 69.
Whoever, by any means whatever, shall knowingly effect,
Securing false entry of goods.
R. S., sec. 5445, p. 1055.
or aid in effecting, any entry of goods, wares, or merchandise, at less than the true weight or measure thereof, or upon a false classification thereof as to quality or value, or by the payment of less than the amount of duty legally due thereon, shall be fined not more than
Punishment for.
five thousand dollars, or imprisoned not more than two years, or both.
Sec. 70.
Whoever, being a consul, or vice-consul, or other person
False certification by consular officer.
R. S., sec. 5442, p. 1055.
employed in the consular service of the United States, shall knowingly certify falsely to any invoice, or other paper, to which his certificate is by law authorized or required, shall be fined not more
Punishment for.
than ten thousand dollars and imprisoned not more than three years.
Sec. 71.
Whoever shall dispossess or rescue, or attempt to dispossess
Taking seized property from revenue officer.
R. 8., sec. 5446, p. 1055.
Punishment for.
or rescue, any property taken or detained by any officer or other person under the authority of any revenue law of the United States, or shall aid or assist therein, shall be fined not more than three hundred dollars and imprisoned not more than one year.
Sec. 72.
Whoever shall falsely make, forge, counterfeit, or alter
Forging or altering ship’s or custom-house papers.
R.S.,sec.5423,p.1051.
any instrument in imitation of, or purporting to be, an abstract or official copy or certificate of the recording, registry, or enrollment of any vessel, in the office of any collector of the customs, or a license to any vessel for carrying on the coasting trade or fisheries of the United States, or a certificate of ownership, pass, passport, sea letter, or clearance, granted for any vessel, under the authority of the United States, or a permit, debenture, or other official document granted by any collector or other officer of the customs by virtue of his office; or whoever shall utter, publish, or pass, or attempt to utter, publish, or pass, as true, any such false, forged, counterfeited, or falsely altered instrument, abstract, official copy, certificate, license, pass, passport, sea letter, clearance, permit, debenture, or other official document herein specified, knowing the same to be false, forged, counterfeited, or falsely altered, with an intent to defraud, shall be fined not more than one thousand dollars and imprisoned
Punishment for.
not more than three years.
Sec. 73.
Whoever shall falsely make, alter, forge, or counterfeit
Forging, etc., military bounty-land warrants, etc.
R. S., sec. 5420, p. 1050.
any military bounty-land warrant, or military bounty-land warrant certificate, issued or purporting to have been issued by the Commissioner of Pensions under any law of Congress, or any certificate or duplicate certificate of location of any military bounty-land warrant, or military bounty-land warrant certificate upon any of the lands of the United States, or any certificate or duplicate certificate of the purchase of any of the lands of the United States, or any receipt or duplicate receipt for the purchase money of any of the lands of the United States, issued or purporting to have been issued by the register and receiver at any land office of the United States or by either of them; or whoever shall utter, publish, or pass as true, any such false, forged, or counterfeited military bounty-land warrant, military bounty-land warrant certificate, certificate or duplicate certificate of location, certificate or duplicate certificate of purchase, receipt or duplicate receipt for the purchase money of any of the lands of the United States, knowing the same to be false, forged, or
Punishment for.
counterfeited, shall be imprisoned not more than ten years.
Sec. 74.
Whoever shall falsely make, forge, or counterfeit, or
Forging, etc., certificates of citizenship.
Vol. 34, p. 602.
cause or procure to be falsely made, forged, or counterfeited, or shall knowingly aid or assist in falsely making, forging, or counterfeiting any certificate of citizenship, with intent to use the same, or with the intent that the same may be used by some other person, shall be
Punishment for.
fined not more than ten thousand dollars, or imprisoned not more than ten years, or both.
Sec. 75.
Whoever shall engrave, or cause or procure to be engraved,
Engraving, etc., counterfeit plates for citizenship certificates.
Vol. 34, p. 602.
or assist in engraving, any plate in the likeness of any plate designed for the printing of a certificate of citizenship; or whoever shall sell any such plate, or shall bring into the United States from any foreign place any suchjplate, except under the direction of the Secretary of Commerce and JLabor or other proper officer; or whoever shall have in his control, custody, or possession any metallic plate engraved after the similitude of any plate from which any such certificate has been printed, with intent to use or to suffer such plate to be used in forging or counterfeiting any such certificate or any part thereof; or whoever shall print, photograph, or in any manner
Printing, etc.
cause to be printed, photographed, made, or executed, any print or impression in the likeness of any such certificate, or any part thereof; or whoever shall sell any such certificate, or shall bring the same into the United States from any foreign place, except by direction of some proper officer of the United States; or whoever shall have in his
Distinctive paper.
possession a distinctive paper which has been adopted by the proper officer of the United States for the printing of such certificate, with intent unlawfully to use the same, shall be fined not more than ten
Punishment for.
thousand dollars, or imprisoned not more than ten years, or both.
Sec. 76.
Whoever, when applying to be admitted a citizen, or
False personation, etc., in procuring naturalization.
R. S., sec. 5424, p. 1051.
when appearing as a witness for any such person, shall knowingly personate any person other than himself, or shall falsely appear in the name of a deceased person, or in an assumed or fictitious narpe; or whoever shall falsely make, forge, or counterfeit any oath, notice, affidavit, certificate, order, record, signature, or other instrument, paper, or proceeding required or authorized by any law relating to or providing for the naturalization of aliens; or whoever shall utter, sell, dispose of, or shall use as true or genuine, for any unlawful purpose, any false, forged, antedated, or counterfeit oath, notice, certificate, order, record, signature, instrument, paper, or proceeding above specified; or whoever shall sell or dispose of to any person other than the person for whom it was originally issued any certificate of citizenship or certificate showing any person to be admitted a
Punishment for.
citizen, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both.
Sec. 77.
Whoever shall use or attempt to use, or shall aid, assist, or
Using false certificate of citizenship,
R. S., sec. 5425, p. 1051.
participate in the use of any certificate of citizenship, knowing the same to be forged, counterfeit, or antedated, or knowing the same to have been procured by fraud or otherwise unlawfully obtained; or whoever, without lawful excuse, shall knowingly possess any false, forged, antedated, or counterfeit certificate of citizenship purporting to have been issued under any law of the United States relating to naturalization, knowing such certificate to be false, forged, antedated, or counterfeit, with the intent unlawfully to use the same; or whoever shall obtain, accept, or receive any certificate of citizenship, knowing the same to have been procured by fraud or by the use or means of any false name or statement given jor made with the intent to procure, or to aid in procuring, the issuance of such certificate, or knowing the same to have been fraudulently altered or antedated; or whoever, without lawful excuse, shall have in his possession any blank certificate of citizenship provided by the Bureau of Immigration
Citizenship blanks. Vol. 34, p. 602.
Denyingcitizenship.
and Naturalization with the intent unlawfully to use the same; or whoever, after having been admitted to be a citizen, shall, on oath or by affidavit, knowingly deny that he has been so admitted, with the intent to evade or avoid any duty or liability imposed or required by law, shall be fined not more than one thousand dollars, or imprisoned
Punishment for.
not more than five years, or both.
Sec. 78.
Whoever shall in any manner use, for the purpose of
Attempting to vote, etc., on false certificate.
R. S., sec. 5426, p. 1052.
registering as a voter, or as evidence of a right to vote, or otherwise unlawfully, any order, certificate of citizenship, or certificate, judgment, or xemplification, showing any person to be admitted to be a citizen, whether heretofore or hereafter issued or made, knowing that such order, certificate, judgment, or exemplification has been unlawfully issued or made; or whoever shall unlawfully use, or attempt to use, any such order or certificate, issued to or in the name of any other person, or in a fictitious name, or the name of a deceased person,
Punishment for.
shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both.
Sec. 79.
Whoever shall knowingly use any certificate of naturalization
Falsely claiming citizenship.
R. S., sec. 5428, p. 1052.
heretofore or which hereafter may be granted by any court, which has been or may be procured through fraud or by false evidence, or which has been or may hereafter be issued by the clerk or any other officer of the court without any appearance and hearing of the applicant in court and without lawful authority; or whoever, for any fraudulent purpose whatever, shall falsely represent himself to be a citizen of the United States without having been duly admitted to citizenship, shall be fined not more than one thousand dollars, or
Punishment for.
imprisoned not more than two years, or both.
Sec. 80.
Whoever, in any proceeding under or by virtue of any
Falsely swearing in naturalization cases.
R. S., sec. 5395, p. 1046.
law relating to the naturalization of aliens, shall knowingly swear falsely in any case where an oath is made or affidavit taken, shall be fined not more than one thousand dollars and imprisoned not more
Punishment for.
than five years.
Sec. 81.
The provisions of the five sections last preceding shall
Provisions applicable to all courts of naturalization.
R. S., sec. 5429, p. 1052.
apply to all proceedings had or taken, or attempted to be had or taken, before any court in which any proceeding for naturalization may be commenced or attempted to be commenced, and whether such court was vested by law with jurisdiction in naturalization proceedings or not.
Sec. 82.
Whoever, with intent that any person shall perform
Shanghaiingof sailors, described.
Vol. 34, p. 551.
service or labor of any kind on board of any vessel engaged in trade and commerce among the several States or with foreign nations, or on board of any vessel of the United States engaged in navigating the high seas or any navigable water of the United States, shall procure or induce, or attempt to procure or induce, another, by force or threats or by representations which he knows or believes to be untrue, or while the person so procured or induced is intoxicated or under the influence of any drug, to go on board of any such vessel, or to sign or in anywise enter into any agreement to go on board of any such vessel to perform service or labor thereon; or whoever shall knowingly detain on board of any such vessel any person so procured or induced to go on board thereof, or to enter into any agreement to go on board thereof, by any means herein defined; or whoever shall knowingly aid or abet in the doing of any of the things herein
Punishment for.
made unlawful, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both.
Sec. 83.
It shall be unlawful for any national bank, or any corporation
Corporations contributing for political elections.
Vol. 34, p. 864.
organized by authority of any law of Congress, to make a money contribution in connection with any election to any political office. It shall also be unlawful for any corporation whatever to make a money contribution in connection with any election at which Presidential and Vice-Presidential electors or a Representative in Congress is to be voted for, or any election by any State legislature
Penalty for.
of a United States Senator. Every corporation which shall make any contribution in violation of the foregoing provisions shall be fined not more than five thousand dollars; and every officer or director
Add itional to officers.
of any corporation who shall consent to any contribution by the corporation in violation of the foregoing provisions shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both.
Sec. 84.
Whoever shall hunt, trap, capture, willfully disturb, or
Hunting, taking eggs, etc., on bird breeding grounds.
Vol. 34, p. 536.
kill any bird of any kind whatever, or take the eggs of any such bird, on any lands of the United States which have been set apart or reserved as breeding grounds for birds, by any law, proclamation, or executive order, except under such rules and regulations as the
Punishment for.
Secretary of Agriculture may, from time to time, prescribe, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both.
Chapter Five . offenses relating to official duties.
Sec. 85.
Every officer, clerk, agent, or employee of the United
Extortion by officials.
Vol. 34, p. 546.
R. S., sec. 5481, p. 1063.
States, and every person representing himself’to be or assuming to act as such officer, clerk, agent, or employee, who, under color of his office, clerkship, agency, or employment, or under color of his pretended or assumed office, clerkship, agency, or employment, is guilty of extortion, and every person who shall attempt any act which if performed would make him guilty of extortion, shall be
Punishment for.
fined not more than five hundred dollars, or imprisoned not more than one year, or both.
Sec. 86.
Whoever, being an officer, clerk, agent, employee, or
Receipting for larger sums than are paid.
R. S., sec. 5483, p. 1063.
other person charged with the payment of any appropriation made by Congress, shall pay to any clerk or other employee of the United States a sum less than that provided by law, and require such employee to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined in double the amount so withheld from any employee
Punishment for.
of the Government and imprisoned not more than two years.
Sec. 87.
Whoever, being a disbursing officer of the
Disbursing officers unlawfully using, etc., public money.
R. S., sec. 5488, p. 1064.
United States, or a person acting as such, shall in any manner convert to his own use, or loan with or without interest, or deposit in any place or in any manner, except as authorized by law, any public money intrusted to him; or shall, for any purpose not prescribed by law, withdraw from the Treasurer or any assistant treasurer, or any authorized depositary, or transfer, or apply, any portion of the public money intrusted to him, shall be deemed guilty of an embezzlement of the money so converted, loaned, deposited, withdrawn, transferred, or applied, and shall be fined not more than the amount embezzled, or
Punishment for.
imprisoned not more than ten years, or both.
Sec. 88.
If the Treasurer of the United States or any assistant
Failure of depositaries to safely keep public deposits.
R. S., sec. 5489, p. 1064.
treasurer, or any public depositary, fails safely to keep all moneys deposited by any disbursing officer or disbursing agent, as well as all moneys deposited by any receiver, collector, or other person having money of the United States, he shall be deemed guilty of embezzlement of the moneys not so safely kept, and shall be fined in a sum
Punishment for.
equal to the amount of money so embezzled and imprisoned not more than ten years.
Sec. 89.
Every officer or other person charged by any Act of Congress
Custodian failing to keep, etc., public moneys.
R. S., sec. 5490, p. 1064.
with the safe-keeping of the public moneys, who shall loan, use, or convert to his own use, or shall deposit in any bank or exchange for other funds, except as specially allowed by law, any portion of the public moneys intrusted to him for safe-keeping, shall be guilty of embezzlement of the money so loaned, used, converted, depositecl, or exchanged, and shall be fined in a sum equal to the amount of
Punishment for.
money so embezzled and imprisoned not more than ten years.
Sec. 90.
Every officer or agent of the United States who, having
Failure of officer to render accounts.
R. S., see. 5491, p. 1065.
received public money which he is not authorized to retain as salary, pay, or emolument, fails to render his accounts for the same as provided by law shall be deemed guilty of embezzlement, and shall be
Punishment for.
fined in a sum equal to the amount of the money embezzled and imprisoned not more than ten years.
Sec. 91.
Whoever, having money of the United States in his possession
Failure to deposit as required.
R. S., sec. 5492, p. 1065.
or under his control, shall fail to deposit it with the Treasurer, or some assistant treasurer, or some public depositary of the United States, when required so to do by the Secretary of the Treasury, or the head of any other proper department, or by the accounting officers of the Treasury, shall be deemed guilty of embezzlement thereof, and shall be fined in a sum equal to the amount of money
Punishment for.
embezzled and imprisoned not more than ten years.
Sec. 92.
The provisions of the five preceding sections shall be construed
Persons affected.
to apply to all persons charged with the safe-keeping, transfer, or disbursement of the public money, whether such persons be indicted as receivers or depositaries of the same.
Sec. 93.
Upon the trial of any indictment against any person for
Record evidence of embezzlement.
R. S., sec. 5494, p. 1065.
embezzling public money under any provision of the six preceding sections, it shall be sufficient evidence, prima facie, for the purpose of showing a balance against such person, to produce a transcript from the books and proceedings of the Treasury, as required in civil cases, under the provisions for the settlement of accounts between the United States and receivers of public money.
Sec. 94.
The refusal of any person, whether in or out of office,
Prima facie evidence.
R. S., sec. 5495, p. 1065.
charged with the safe-keeping, transfer, or disbursement of the public money to pay any draft, order, or warrant, drawn upon him by the proper accounting officer of the Treasury, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to transfer or disburse any such money, promptly, upon the legal requirement of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, prima facie evidence of such embezzlement.
Sec. 95.
If any officer charged with the disbursement of the public
Evidence of conversion.
R. 8., sec. 5496, p. 1065.
moneys accepts, receives, or transmits to the Treasury Department to be allowed in his favor any receipt or voucher from a creditor of the United States without having paid to such creditor in such funds as the officer received for disbursement, or in such funds as he may be authorized by law to take in exchange, the full amount specified in such receipt or voucher, every such act is an act of conversion by such officer to his own use of the amount specified in such receipt or voucher.
Sec. 96.
Every banker, broker, or other person not an authorized
Banker, etc., receiving unauthorized deposit of public money.
R. S., sec. 5497, p. 1065.
depositary of public moneys, who shall knowingly receive from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or shall use, transfer, convert, appropriate, or apply any portion of the public money for any purpose not prescribed by law; and every president, cashier, teller, director, or other officer of any bank or banking association who shall violate any provision of this section is guilty of embezzlement of the public money so deposited, loaned, transferred, used, converted, appropriated, or applied, and shall be fined not more than the amount
Punishment for.
embezzled, or imprisoned not more than ten years, or both.
Sec. 97.
Any officer connected with, or employed in, the Internal
Embezzlement by internal-revenue offite
Vol. 20, p. 280.
Revenue Service of the United States, and any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or other property of the United States, and any officer of the United States, or any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or property which may have come into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or assistant, whether the same shall be the money or property of the United States or of some other person or party, shall, where the offense is not otherwise punishable by some statute of the
Punishment for.
United States, be fined not more than the value of the money and property thus embezzled or converted, or imprisoned not more than ten years, or both.
Sec. 98.
Whoever, being an officer of the United States, shall
Officer contracting beyond specific appropriation.
R. S., sec. 5503, p. 1066.
knowingly contract for the erection, repair, or furnishing of any public building, or for any public improvement, to pay a larger amount than the specific sum appropriated for such purpose, shall be fined not more than two thousand dollars and imprisoned not more than two years.
Sec. 99.
Whoever, being a clerk or other officer of a court of the
Court officers failing to deposit money, etc.
R. 8., sec. 5504, p. 1066.
United States, shall fail forthwith to deposit any money belonging in the registry of the court, or hereafter paid into court or received by the officers thereof, with the Treasurer, assistant treasurer, or a designated depositary of the United States, in the name and to the credit of such court, or shall retain or convert to his own use or to the use of another any such money, is guilty of embezzlement, and shall
Punishment for.
be fined not more than the amount embezzled, or
Delivery upon security.
imprisoned not more than ten years, or both; but nothing herein shall be held to prevent the delivery of any such money upon security, according to agreement of parties, under the direction of the court.
Sec. 100.
Whoever shall knowingly receive, from a clerk or other
Receiving loan,etc., from court officer,
R. S., sec. 5505, p. 1067.
officer of a court of the United States, as a deposit, loan, or otherwise, any money belonging in the registry of such court, is guilty of embezzlement, and shall be punished as prescribed in the preceding section.
Punishment for.
Sec. 101.
Every officer who neglects or refuses to make any return
Failure to make returns or reports.
R. S., sec. 1780, p. 316.
or report which he is required to make at stated times by any Act of Congress or regulation of the Department of the Treasury, other than his accounts, within the time prescribed by such Act or regulation, shall be fined not more than one thousand dollars.
Punishment for.
Aiding in obscene literature trade, etc.
Vol. 30. p. 209.
R.S., sec. 1785, p.317.
Sec. 102.
Whoever, being an officer, agent, or employee of the Government of the United States, shall knowingly aid or abet any person engaged in violating any provision of law prohibiting importing, advertising, dealing in, exhibiting, or sending or receiving by mail, obscene or indecent publications, or representations, or means for preventing conception or producing abortion, or other article of indecent or immoral use or tendency, shall be fined not more than
Punishment for.
five thousand dollars, or imprisoned not more than ten years, or both.
Sec. 103.
Whoever, being an officer of the United States concerned
Trading in public property by collecting or disbursing officer.
R. S., secs. 1788, 1789. p. 317.
in the collection or the disbursement of the revenues thereof, shall carry on any trade or business in the funds or debts of the United States, or of any State, or in any public property of either, shall be fined not more than three thousand dollars, or imprisoned not more
Punishment for.
than one year, or both, and be removed from office, and thereafter be incapable of holding any office under the United States.
Sec. 104.
Whoever, being a judge, clerk, or deputy clerk of any
Court officials purchasing fees at less than face value.
Vol. 29. p. 595..
court of the United States, or of any territory thereof, or a United States district attorney, assistant attorney, marshal, deputy marshal, commissioner, or other person holding any office or employment, or position of trust or profit under the Government of the United States shall, either directly or indirectly, purchase at less than the full face value thereof, any claim against the United States for the fee, mileage, or expenses of any witness, juror, deputy marshal, or any other officer
Punishment for.
of the court whatsoever, shall be fined not more than one thousand dollars.
Sec. 105.
Whoever, being an officer or other person authorized
Falsely certifying as to record of deeds.
by any law of the United States to record a conveyance of realpropertv or any other instrument which by such law may be recorded, shall knowingly certify falsely that such conveyance or instrument has or has not been recorded, shall be fined not more than one thousand
Punishment for.
dollars, or imprisoned not more than seven years, or both.
Sec. 106.
Whoever, being a public officer or other person authorized
Other false certificates.
by any law of-the United States to make or give a certificate or other writing, shall knowingly make and deliver as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined not more than five hundred dollars,
Punishment for.
or imprisoned not more than one year, or both.
Sec. 107.
Every inspector of steamboats who, upon any pretense,
Steamboat inspectors taking illegal fees.
R. S.. sec. 5482, p. 1063.
Punishment for.
receives any fee or reward for his services, except what is allowed to him by law, shall forfeit his office, and be fined not more than five hundred dollars, or imprisoned not more than six months, or both.
Sec. 108.
Every pension agent, or other person employed or appointed
Pension agents taking fee.
R. S.. see. 5487. p. 1064.
by him, who takes, receives, or demands any fee or reward rom any pensioner for any service in connection with the payment of his pension, shall be fined not more than five hundred dollars.
Punishment for.
Sec. 109.
Whoever, being an officer of the United States, or a person
Officers interested in claims against United States.
R. S.. sec. 5498, p. 1065.
holding any place of trust or profit, or discharging any official function under, or in connection with, any Executive Department of the Government of the United States, or under the Senate or House of Representatives of the United States, shall act as an agent or attorney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of Ids proper official duties, shall aid or assist in the prosecution or support- of any such claim, or receive any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claim, shall be fined not more than five
Punishment for.
thousand dollars, or imprisoned not more than one year, or both.
Sec. 110.
Whoever, being elected or appointed a Member of or
Accepting, etc., bribe by Member of Congress.
R. S.. secs. 1781, 5150, 5502, pp. 316, 1056, 1066.
Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, directly or indirectly, ask, accept, receive, or agree to receive, any money, property, or other valuable consideration, or any promise, contract , undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value to him or to any person with his consent, connivance, or concurrence, for his attention to, or services, or with the intent to have his action, vote, or decision influenced, on any question, matter, cause, or proceeding, which may at any time be pending in either House of Congress or before any committee thereof, or which by law or under the Constitution may be brought before him in his official capacity, or in his place as such Member, Delegate, or Resident Commissioner, shall be fined not more
Punishment for.
than three times the amount asked, accepted, or received, and imprisoned not more than three years; and shall, moreover, forfeit his office or place, and thereafter be forever disqualified from holding any office of honor, trust, or profit under the Government of the United States.
Sec. 111.
Whoever shall promise, offer, or give, or cause to be
Offering, etc., bribe to Member of Congress.
R. S., sec. 5150, p. 1066.
promised, offered, or given, any money or other thing of value, or shall make or tender any contract, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value, to any Member of either House of Congress, or Delegate to Congress, or Resident Commissioner, after his election or appointment and either before or after he has qualified, and during his continuance in office, or to any person with his consent, connivance, or concurrence, with intent to influence his action, vote, or decision, on any question, matter, cause, or proceeding which may at any time be pending in either House of Congress, or before any committee thereof, or which by law or under the Constitution may be brought before him in his official capacity or in his place as such Member, Delegate, or Resident Commissioner, shall be fined not
Punishment for.
more than three times the amount of money or value of the thing so promised, offered, given, made, or tendered, and imprisoned not more than three years.
Sec. 112.
Whoever, being elected or appointed a Member of or
Member of Congress taking consideration for procuring contract, etc.
R. S., sec. 1781, p. 316.
Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, or being an officer or agent of the United States, shall directly or indirectly take, receive, or agree to receive, from any person, any money, property, or other valuable consideration whatever, for procuring, or aiding to procure, any contract, appointive office, or place, from the United States or from any officer or department thereof, for any person whatever, or for giving any such contract, appointive office, or place to any person whomsoever; or whoever, directly or indirectly, shall offer, or agree
Offering Member of Congress consideration to procure contract, etc.
to give, or shall give, or bestow, any money, property, or other valuable consideration whatever, for the procuring, or aiding to procure, any such, contract, appointive oilice, or place, shall be fined not more
Punishment for.
than ten thousand dollars and imprisoned not more than two years; and shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States. Any
Contracts voidable.
such contract or agreement may, at the option of the President, be declared void.
Sec. 113.
Whoever, being elected or appointed a Senator, Member
Receiving pay by Senator or Member of Congress in matters affecting United States.
R. S., sec. 1782, p. 316.
of or Delegate to Congress, or a Resident Commissioner, shall, after Iris election or appointment and either before or after he has qualified, and during his continuance in office, or being the head of a department, or other officer or clerk in the. employ or the United States, shall, directly or indirectly, receive, or agree to receive, any compensation whatever for any services rendered or to be rendered to any person, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party or directly or indirectly interested, before any department, court-martial, bureau, officer, or any civil, military, or naval commission whatever, shall be fined not
Punishment for.
more than ten thousand dollars and imprisoned not more than two years; and shall, moreover, thereafter be incapable of holding any office of honor, trust, or profit under the Government of the United States.
Sec. 114.
Whoever, being elected or appointed a Member of or
Member of Congress interested in public contracts.
R. S., sec. 3739, p. 737.
Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, directly or indirectly, himself, or by any other person in trust for him, or for his use or benefit, or on his account, undertake, execute, hold, or enjoy, in whole or in part, any contract or agreement, made or entered into in behalf of the United States by any officer or person authorized to make contracts on its behalf, shall be fined not more than three thousand dollars.
Punishment for.
All contracts or agreements made in violation of this section shall be
Contracts void.
void; and whenever any sum of money is advanced by the United
Repayment, etc.
States, in consideration of any such contract or agreement, it shall forthwith be repaid; and in case of failure or refusal to repay the same when demanded by the proper officer of the department under whose authority such contract or agreement shall have been made or entered into, suit shall at once be brought against the person so failing or refusing and his sureties, for the recovery of the money so advanced.
Sec. 115.
Whoever, being an officer of the United States, shall on
Making official contract with Member of Congress.
R. 8., sec. 3742, p. 737.
behalf of the United States, directly or indirectly make or enter into any contract, bargain, or agreement, in writing or otherwise, with any Member of or Delegate to Congress, or any Resident Commissioner, after his election or appointment as such Member, Delegate, or Resident Commissioner, and either before or after he has qualified, and during his continuance in office, shall be fined not more
Punishment for.
tnan three thousand dollars.
Sec. 116.
Nothing contained in the two preceding sections shall
Contracts not affected.
R. S.. sec. 3740, p. 737.
extend, or be construed to extend, to any contract or agreement made or entered into, or accepted, by any incorporated company, where such cont ract or agreement is made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange or other property by any Member of or Delegate to Congress, or Resident Commissioner, where the same are ready for delivery, and payment therefor is made, at the time of making or entering into t lie contract or agreement.
Sec. 117.
Whoever, being an officer of the United States, or a person
official accepting bribe.
R.S., secs. 5501, 5502, p. 1066.
acting for or on behalf of the United States, in any official capacity, under or by virtue of the authority of any department or office of the Government thereof; or whoever, being an officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or of both Houses thereof, shall ask, accept, or receive any money, or any contract, promise, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law lie brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be fined not more than three times the
Punishment for.
amount of money or value of the thing so asked, accepted, or received, and imprisoned not more than three years; and shall, moreover, forfeit his office or place and thereafter be forever disqualified from holding any office of honor, trust, or profit under the Government of the United States.
Sec. 118.
No Senator or Representative in, or Delegate or Resident
Political contributions not to be solicited by officers named.
Vol, 22. p. 406.
Commissioner to Congress, or Senator, Representative, Delegate, or Resident Commissioner elect, or officer or employee of either House of Congress, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any department, branch, or bureau of the executive, judicial, or military or naval service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employee of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States.
Sec. 119.
No person shall, in any room or building occupied in the
Political contributions not to be received in public offices.
Vol. 22, p. 407.
discharge, of official duties by any officer or employee of the United States mentioned in the preceding section, or in any navy-yard, fort, or arsenal, solicit in any manner whatever or receive any contribution of money or other thing of value for any political purpose whatever.
Sec. 120.
No officer or employee of the United States mentioned
Immunity from official proscription.
Vol. 22, p. 407.
in section one hundred and eighteen, shall discharge, or promote, or degrade, or in any manner change the official rank or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose.
Sec. 121.
No officer, clerk, or other person in the service of the
Making political contributions to officials.
Vol. 22. p. 407.
United States shall, directly or indirectly, give or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of or Delegate to Congress, or Resident Commissioner, any money or ot her valuable thing on account of or to be applied to the promotion of any political object whatever.
Sec. 122.
Whoever shall violate any provision of the four preceding
Punishment for violations.
Vol. 22, p. 407.
sect ions shall be fined not more than live t housand dollars, or imprisoned not more than three years, or both.
Sec. 123.
Whoever, being an officer or employee of the United
Officials, etc.,giving advance information of crop reports.
States or a person acting for or on behalf of the United States in any capacity under or by virtue of the authority of any department or office thereof, and while holding such office, employment, or position shall, by virtue of the office, employment, or position held by him, become possessed of any information which might exert an influence upon or affect the market value of any product of the soil grown within the United States, which information is by law or by the rules of the department or office required to be withheld from publication until a fixed time, and shall willfully impart, directly or indirectly, such information, or any part thereof, to any person not entitled under the law or the rules of the department or office to receive the same; or shall, before such information is made public through regular official channels, directly or indirectly speculate in any such product respecting which he has thus become possessed of such information, by buying or selling the same in any quantity, shall be fined not more
Punishment for.
than ten thousand dollars, or imprisoned not more than ten years, or both: Provided, That no person shall be deemed guilty of a violation
Proviso.
Actual knowledge required.
of any such rule, unless prior to such alleged violation he shall have had actual knowledge thereof.
Sec. 124.
Whoever, being an officer or employee of the United
Official knowingly Issuing false crop reports.
States and whose duties require the compilation or report of statistics or informat ion relative to the products of the soil, shall knowingly compile for issuance, or issue, any false statistics or information as a report of the United States, shall be fined not more than five thousand
Punishment for.
dollars, or imprisoned not more than five years, or both.
Chapter Six. offenses against public justice.
Sec. 125.
Whoever, having taken an oath before a competent
Perjury defined.
R. S., sec. 5392. p. 1045.
tribunal, officer, or person; in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate, by him subscribed, is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, anil shall be fined not more than two thousand dollars and
Punishment for.
imprisoned not more than five years.
Sec. 126.
Whoever shall procure another to commit any perjury
Subornation of perjury.
R. S., see. 5393, p. 1045.
is guilty of subornation of perjury, and punishable as in the preceding section prescribed.
Sec. 127.
Whoever shall feloniously steal, take away, alter, falsify,
Stealing or altering process, procuring false bail, etc.
R. S.,- sec. 5394, p. 1045.
or otherwise avoid any record, writ, process, or other proceeding, in any court of the United States, by means whereof any judgment is reversed, made void, or does not take effect; or whoever shall acknowledge, or procure to be acknowledged, in any such court, any recognizance, bail, or judgment, in the name of any other person not privy or consenting to the same, shall be fined not more than five
Punishment for.
thousand dollars, or imprisoned not more than seven years, or both: but this provision shall not extend to the acknowledgment of any judgment by an attorney, duly admitted, for any person against whom such judgment is had or given.
Sec. 128.
Whoever shall willfully and unlawfully conceal, remove,
Destroying, etc public records.
R. S. sec. 5403, p., 1046.
mutilate, obliterate, or destroy, or attempt to conceal, remove, mutilate, obliterate, or destroy, or, with intent to conceal, remove, mutilate, obliterate, destroy, or steal, shall take and carry away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public, officer of the United States, shall be fined not more than two thousand
Punishment for.
dollars, or imprisoned not more, than three, years, or both.
Sec. 129.
Whoever, having the custody of any record, proceeding,
Destroying records by officer in charge.
R. s.. sec. 5408, p. 1047.
map, book, document, paper, or other thing specified in the preceding section, shall willfully and unlawfully conceal, remove, mutilate, obliterate, falsify, or destroy any such record, proceeding, map, book, document, paper, or thing, shall be fined not more than
Punishment for.
two thousand dollars, or imprisoned not more than three years, or both; and shall moreover forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States.
Sec. 130.
Whoever shall forge the signature of any judge, register,
Forging signature of judge, etc.
R. S., sec. 5419, p. 1050.
or other officer of any court of the United States, or of any Territory thereof, or shall forge or counterfeit the seal of any such court, or shall knowingly concur in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, or shall tender in evidence any such proceeding or document with a false or counterfeit signature of any such judge, register, or other officer, or a false or counterfeit seal of the court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, shall be fined not more than five thousand
Punishment for.
dollars and imprisoned not more than five years.
Sec. 131.
Whoever, directly or indirectly, shall give or offer, or
Bribery of judicial officer.
R. S., sec. 5449, p. 1056.
cause to be given or offered, any money, property, or value of any kind, or any promise or agreement therefor, or any other bribe, to any judge, judicial officer, or other person authorized by any law of the United States to hear or determine any question, matter, cause, proceeding, or controversy, with intent to influence his action, vote, opinion, or decision thereon, or because of any such action, vote, opinion, or decision, shall be fined not more than twenty thousand
Punishment for.
dollars, or imprisoned not more than fifteen years, or both; and shall forever be disqualified to hold any office of honor, trust, or profit under the United States.
Sec. 132.
Whoever, being a judge of the United States, shall in
Judicial officer accepting bribe.
R. S., sec. 5499, p. 1066.
anywise accept or receive any sum of money, or other bribe, present, or reward, or any promise, contract, obligation, gift, or security for the payment of money, or for the delivery or conveyance of anything of value, with the intent to be influenced thereby in any opinion, judgment, or decree in any suit, controversy, matter, or cause depending before him. or because of any such opinion, ruling, decision, judgment, or decree, shall be fined not more than twenty thousand
Punishment for.
dollars, or imprisoned not more than fifteen years, or both; and shall be forever disqualified to hold any office or honor, trust, or profit under the United States.
Sec. 133.
Whoever, being a juror, referee, arbitrator, appraiser,
Juror, referee, etc., accepting bribe.
assessor, auditor, master, receiver, United States commissioner, or other person authorized by any law of the United States to hear or determine any question, matter, cause, controversy, or proceeding, shall ask, receive, or agree to receive, any money, property, or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, action, judgment, or decision shall he influenced thereby, or because of any such vote, opinion, action, judgment, or decision, shall be fined not more than
Punishment for.
two thousand dollars, or imprisoned not more than two years, or both.
Sec. 134.
Whoever, being, or about to be, a witness upon a trial,
Witness accepting bribe.
hearing, or other proceeding, before any court or any officer authorized by the laws of the United States to hear evidence or take testimony, shall receive, or agree or offer to receive, a bribe, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, or because of such testimony, or such absence,
Punishment for.
shall be fined not more than two thousand dollars, or imprisoned not more than two years, or both.
Sec. 135.
Whoever corruptly, or by threats or force, or by any
Attempting to influence witness, juror, or officer.
R. S., secs. 5399, 5404, pp. 1046, 1047.
threatening letter or communication, shall endeavor to influence, intimidate, or impede any witness, in any court of the United States or before any United States commissioner or officer acting as such commissioner, or any grand or petit juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States commissioner or officer acting as such commissioner, in the discharge of his duty, or who corruptly or by threats or force, or by any threatening letter or communication, shall influence, obstruct, or imepde, or endeavor to influence, obstruct, or impede, the due administration of justice therein, shall be fined not more than one thousand
Punishment for.
dollars, or imprisoned not more than one year, or both.
Sec. 136.
If two or more persons conspire to deter by force,
Conspiring to intimidate party, witness, or juror.
R. S., sec. 5406, p. 1047.
intimidation, or threat, any party or witness in any court of the United States, or in any exammation before a United States commissioner or officer acting as such commissioner, from attending such court or examination, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or on account of his being or having been such juror, each of such
Punishment for.
persons shall be fined not more than five thousand dollars, or imprisoned not more than six years, or both.
Sec. 137.
Whoever shall attempt to influence the action or decision
Attempting to influence juror by writing.
R. S., sec. 5405, p. 1047.
of any grand or petit juror of any court of the United States upon any issue or matter pending before such juror, or before the jury of which he is a member, or pertaining to his duties, by writing or sending to him any letter or any communication, in print or writing, in relation to such issue or matter, shall be fined not more than one
Punishment for.
thousand dollars, or imprisoned not more than six months, or both.
Sec. 138.
Whenever any marshal, deputy marshal, ministerial officer,
Allowing prisoner to escape.
R. S., sec. 5409, p. 1047.
or other person has in his custody any prisoner by virtue of process issued under the laws of the t United States by any court, judge, or commissioner, and such marshal, deputy marshal, ministerial officer, or other person voluntarily suffers such prisoner to escape, lie shall be fined not more than two thousand dollars, or imprisoned not more than two years, or both.
Sec. 139.
The preceding section shall be construed to apply not only
Application of provisions.
to cases in which the prisoner who escaped was charged or found guilty of an offense against the laws of the United States, and to cases in which the prisoner may be in custody charged with offenses against any foreign government with which the United States have treaties of extradition, but also to cases in which the prisoner may be held in custody for removal to or from the Philippine Islands as provided by law.
Sec. 140.
Whoever shall knowingly and willfully obstruct, resist,
Obstructing process or assaulting officer.
R. 8., sec. 539. p. 1046.
or oppose any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any mesne process or warrant, or any rule or order, or any other legal or judicial writ or process of any court of the United States, or United States commissioner, or shall assault, beat, or wound any officer or other person duly authorized, knowing him to be such officer, or other person so duly authorized, in serving or executing any such writ, rule, order, process, warrant, or other legal or judicial writ or process, shall be fined not more than three hundred dollars and imprisoned
Punishment for.
not more than one year.
Sec. 141.
Whoever shall rescue or attempt to rescue, from the custody
Rescuing, etc., prisoner; concealing person from arrest.
of any officer or person lawfully assisting him, any person arrested upon a warrant or other process issued under the provisions of any law of the United States, or shall, directly or indirectly, aid, abet, or assist any person so arrested to escape from the custody of such officer or other person, or shall harbor or conceal any person for whose arrest a warrant or process has been so issued, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant or process has been issued for the apprehension of such person, shall be fined not more than one thousand dollars, or imprisoned not
Punishment for.
more than six months, or both.
Sec. 142.
Whoever, by force, shall set at liberty or rescue any
Rescue at executions.
R. S., sec. 5400, p. 1046.
Punishment for.
person found guilty in any court of the United States of any capital crime, while going to execution or during execution, shall be fined not more than twenty-five thousand dollars and imprisoned not more than twenty-five years.
Sec. 143.
Whoever, by force, shall set at liberty or rescue any person
Rescue of prisoner.
R. S., sec. 5401, p. 1046.
who, before conviction, stands committed for any capital crime; or whoever, by force, shall set at liberty or rescue any person committed for or convicted of any offense other than capital, shall be fined not
Punishment for.
more than five hundred dollars and imprisoned not more than one year.
Sec. 144.
Whoever, by force, shall rescue
Rescue of dead body of executed offender.
R. S.. see. 5102, p. 1016.
or attempt to rescue, from the custody of any marshal or his officers, the dead body of an executed offender, while it is being conveyed to a place of dissection, as provided by section three hundred ami thirty-one hereof, or by force shall rescue or attempt to rescue such body from the place, where it has been deposited for dissection in pursuance of that section, shall be fined not more than one hundred dollars, or imprisoned
Punishment for.
not more than one year, or both.
Sec. 145.
Whoever shall, under a threat of informing, or as a consideration
Extortion by informer.
R. S.. sec. 5484, p. 1061.
for not informing, against any violation of any law of the United States, demand or receive any money or other valuable thing, shall be fined not more than two thousand dollars, or imprisoned
Punishment for.
not more than one year, or both.
Sec. 146.
Whoever, having knowledge of the actual commission
Misprisionof felony.
R. S., sec. 5390, p. 1044.
of the crime of murder or other felony cognizable by the courts of the United States, conceals and does not as soon as may be disclose and make known the. same to some one of the judges or other persons in civil or military authority under the United States, shall be fined not more than five hundred dollars, or imprisoned
Punishment for.
not more than three years, or both.
Chapter Seven. offenses against the currency, coinage, etc.
Sec. 147.
The words “obligation or other security of the United
“Obligation or other security of the United States’ defined.
R. S., sec. 5413. p 1049.
States” shall be held to mean all bonds, certificates of indebtedness, national-bank currency, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, wnich have been or may be issued under any Act of Congress.
Sec. 148.
Whoever, with intent to defraud, shall falsely make,
Forging or counterfeiting securities.
R. S., sec. 5414, p. 1049.
Punishment for.
forge, counterfeit, or alter any obligation or other security of the United States shall be fined not more than five thousand dollars and imprisoned not more than fifteen years.
Sec. 149.
Whoever shall falsely make, forge, or counterfeit, or
Counterfeiting national-bank notes.
R. S., sec. 5415. p. 1019.
cause or procure to be made, forged, or counterfeited, or shall willingly aid or assist in falsely making, forging, or counterfeiting, any note in imitation of, or purporting to be in imitation of, the circulating notes issued by any banking association now or hereafter authorized and acting under the laws of the United States; or whoever shall pass, utter, or publish, or attempt to pass, utter, or publish, any false, forged, or counterfeited note, purporting to be issued by any such association doing a banking business, knowing the same to be falsely made, forged, or counterfeited; or whoever shall falsely alter, or cause or procure to be falsely altered, or shall willingly aid or assist in falsely altering, any such circulating notes, or shall pass, utter, or publish, or attempt to pass, utter, or publish as true, any falsely altered or spurious circulating note issued, or purporting to have been issued, by any such banking association, knowing the
Punishment for.
same to be falsely altered or spurious, shall be fined not more than one thousand dollars and imprisoned not more than fifteen years.
Sec. 150.
Whoever, having control, custody, or possession of any
Using plates to print notes, without authority. etc.
R. S., sec. 5430, p. 1052.
plate, stone, or other thing, or any part thereof, from which, has been printed, or which may be prepared by direction of the Secretary of the Treasury for the purpose of printing, any obligation or other security of the United States, shall use such plate, stone, or other thing, or any part thereof, or knowingly suffer the same to be used for the purpose of printing any such or similar obligation or other security, or any part thereof, except as may be printed for the use of the United States by order of the proper officer thereof; or whoever by any way, art, or means shall make or execute, or cause or procure to be made or executed, or shall assist in making or executing any plate, stone, or other thing in the likeness of any plate designated for the printing of such obligation or other security; or whoever shall sell any such plate, stone, or other thing, or bring into the United States or any place subject to the jurisdiction thereof, from any foreign place, any such plate, stone, or other thing, except under the direction of the Secretary of the Treasury or other proper officer, or with any other intent, in either case, than that such plate, stone, or other thing be used for the printing of the obligations or other securities of the United States; or whoever shall have in his control, custody, or possession any plate, stone, or other thing in any manner made after or in the similitude of any plate, stone, or other thing, from which any such obligation or other security has been printed, with intent to use such plate, stone, or other thing, or to suffer the same to be used in forging or counterfeiting any such obligation or other security, or any part thereof; or whoever shall have in his possession or custody, except under authority from the Secretary of the Treasury or other proper officer, any obligation or other security made or executed, in whole or in part, after the similitude of any obligation or other security issued under the authority of the United States, with intent to sell or otherwise use the same; or whoever shall print, photograph, or in any other manner make or execute, or cause to be printed, photographed, made, or executed, or shall aid in printing, photographing, making, or executing any engraving, photograph, print, or impression in the likeness of any such obligation or other security, or any part thereof, or shall sell any such engraving, photograph, print, or impression, except to the United States, or shall bring into the United States or any place subject to the jurisdiction thereof, from any foreign place any such engraving, photograph, print, or impression, except by direction of some proper officer of the United States; or whoever shall have or
Distinctive paper without authority.
Punishment for.
retain in Ids control or possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States, any similar paper adapted to the making of any such obligation or other security, except under the authority of the Secretary of the Treasury or some other proper officer of the United States, shall be fined not more than five thousand
Utteri ng, etc., forged obligations.
R. S., sec. 5431, p. 1053.
dollars, or imprisoned not more than fifteen years, or both.
Sec. 151.
Whoever, with intent to defraud, shall pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell, or shall bring into the United States or any place subject to the jurisdiction thereof, with intent to pass, publish, utter, or sell, or shall keep in possession or conceal with like intent, any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined not more than five thousand dollars and imprisoned, not more
Punishment for.
than fifteen years.
Sec. 152.
Whoever, without authority from the United States,
Taking impressions of tools, implements, etc.
R. S., sec. 5432, p. 1053.
shall take, procure, or make, upon lead, foil, wax, plaster, paper, or any other substance or material, an impression, stamp, or imprint of, from, or by the use of any bedplate, bedpiece, die, roll, plate, seal, type, or other tool, implement, instrument, or thing used or fitted or intended to be used in printing, stamping, or impressing, or in making other tools, implements, instruments, or things to be used or fitted or intended to be used in printing, stamping, or impressing any kind or description of obligation or other security of the United States now authorized or hereafter to be authorized by the United States, or circulating note or evidence of debt of any banking association under the laws thereof, shall be fined not more than five thousand
Punishment for.
dollars, or imprisoned not more than ten years, or both.
Sec. 153.
Whoever, with intent to defraud, shall have in his possession,
Having unlawful possession of impressions.
R. S., sec, 5433, p. 1053.
keeping, custody, or control, without authority from the United States, any imprint, stamp, or impression, taken or made upon any substance or material whatsoever, of any tool, implement, instrument, or thing, used, or fitted or intended to be used, for any of the purposes mentioned in the preceding section: or whoever, with intent to defraud, shall sell, give, or deliver any such imprint, stamp, or impression to any other person, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or
Punishment for.
both.
Sec. 154.
Whoever shall buy, sell, exchange, transfer, receive, or
Dealing in counterfeit securities.
R. S., sec. 5434, p. 1053.
deliver any false, forged, counterfeited, or altered obligation or other security of the United States, or circulating note of any banking association organized or acting under the laws thereof, which has been or may hereafter be issued by virtue of any Act of Congress, with the intent that the same be passed, published, or used as true and genuine, shall be fined not more than five thousand dollars, or
Punishment for.
imprisoned not more than ten years, or both.
Sec. 155.
Whoever, without authority from the United States,
Secreting or embezzling tools and materials for printing securities.
R. S.. sec. 5453, p. 1057.
shall secrete within, embezzle, or take and carry away from any building, room, office, apartment, vault, safe, or other place where the same is kept, used, employed, placed, lodged, or deposited by authority of the United States, any bedpiece, bedplate, roll, plate, die, seal, type, or other tool, implement, or thing used or fitted to be used in stamping or printing, or in making some other tool or implement used or fitted to be used in stamping or printing, any kind or description of bond, bill, note, certificate, coupon, postage stamp, revenue stamp, fractional currency note, or other paper, instrument, obligation, device, or document, now or hereafter authorized by law to be printed, stamped, sealed, prepared, issued, uttered, or put in circulation on behalf of the United States; or whoever, without such authority, shall so secrete, embezzle, or take and carry away any paper, parchment, or other material prepared and intended to be used m the making of any such papers, instruments, obligations, devices, or documents; or whoever, without such authority, shall so secrete, embezzle, or take and carry away any paper, parchment, or other material printed or stamped, in whole or part, and intended to be prepared. issued, or put in circulation on behalf of the United States as one of the papers, instruments, or obligations hereinbefore named, or printed or stamped, in whole or part, in the similitude of any such paper, instrument, or obligation, whether intended to issue or put the same in circulation or not, shall be fined not more than five thousand
Punishment for.
dollars, or imprisoned not more than ten years, or both.
Sec. 156.
Whoever, within the United States or any place subject to
Counterfeiting foreign securities.
Vol. 23. p. 22.
the jurisdiction thereof, with intent to defraud, shall falsely make, alter, forge, or counterfeit any bond, certificate, obligation, or other security in imitation of, or purporting to be an imitation of, any bond, certificate, obligation, or other security of any foreign government, issued or put forth under the authority of such foreign government, or any treasury note, bill, or promise to pay issued by such foreign government, and intended to circulate as money, either by law, order, or decree of such foreign government; or whoever shall cause or procure to be so falsely made, altered, forged, or counterfeited, or snail knowingly aid or assist in making, altering, forging, or counterfeiting, any such, bond, certificate, obligation, or other security, or any such treasury note, bill, or promise to pay, intended as aforesaid to circulate as money, shall be fined not more than five thousand dollars and
Punishment for.
imprisoned not more than five years.
Sec. 157.
Whoever, within the United States or any place subject
Uttering counterfeit foreign securities.
Vol. 23, p. 23.
to the jurisdiction thereof, knowingly and with intent to defraud, shall utter, pass, or put off, in payment or negotiation, any false, forged, or counterfeited bond, certificate, obligation,security, treasury note, bill, or promise to pay, mentioned in the section last preceding, whether the same was macle, altered, forged, or counterfeited within the United States or not, shall be fined not more than three thousand
Punishment for.
dollars and imprisoned not more than three years.
Sec. 158.
Whoever, within the United States or any place subject
Countcrfeiting notes of foreign banks.
Vol. 23. p. 23.
to the jurisdiction thereof, with intent to defraud, shall falsely make, alter, forge, or counterfeit, or cause or procure to be so falsely made, altered, forged, or counterfeited, or shall knowingly aid and assist in the false making, altering, forging, or counterfeiting of any bank note or bill issued by a bank or corporation of any foreign country, and intended by the law or usage or such foreign country to circulate as money, such bank or corporation being authorized by the laws of
Punishment for.
such country, shall be fined not more than two thousand dollars and imprisoned not more than two years.
Sec. 159.
Whoever, within the United States or any place subject
Uttering counterfeit notes of foreign ban ks.
Vol. 23. p. 23.
to the jurisdiction thereof, shall utter, pass, put oft, or tender in payment, with intent to defraud, any such false, forged, altered, or counterfeited bank note or bill, as mentioned in the preceding section, knowing the same to be so false, forged, altered, and counterfeited, whether the same was made, forged, altered, or counterfeited within the United States or not, shall be fined not more than one thousand
Punishment for.
dollars and imprisoned not more than one year.
Sec. 160.
Whoever, within the United States or any place subject
Having in possession counterfeit foreign securities, etc.
Vol. 28, p. 23.
to the jurisdiction thereof, shall have in his possession any false, forged, or counterfeit bond, certificate, obligation, security, treasury note, bill, promise to pay, bank note, or bill issued by a bank or corporation of any foreign country, with intent to utter, pass, or put off the same, or to deliver the same to any other person with intent that the same may thereafter be uttered, passed, or put off as true, or shall knowingly deliver the same to any other person with such intent, shall be fined not more than one thousand dollars and imprisoned
Punishment for.
not more than one year.
Sec. 161.
Whoever, within the United States or any place subject
Having in possession, etc., counterfeit plates of foreign securities. etc.
Vol. 25. p. 23.
to the jurisdiction thereof, except by lawful authority, shall have control, custody, or possession of any plate, stone, or other thing, or any part thereof, from which has been printed or may be printed any counterfeit note, bond, obligation, or other security, in whole or in part, of any foreign government, bank, or corporation, or shall use such plate, stone, or other thing, or knowingly permit or suffer the same to be used in counterfeiting such foreign obligations, or any part thereof : or whoever shall make or engrave, or cause or procure to be made or engraved, or shall assist in making or engraving, any plate, stone, or other thing, in the likeness or similitude of any plate, stone, or other thing designated for the printing of the genuine issues of the obligations of any foreign government, bank, or corporation; or whoever shall print, photograph, or in any other manner make, execute, or sell, or cause to be printed, photographed, made, executed, or sold, or shall aid in printing, photographing, making, executing, or selling, any engraving, photograph, print, or impression in the likeness of any genuine note, bond, obligation, or other security, or any part thereof, of any foreign government, bank, or corporation; or whoever shall bring into the United States or any place subject to the jurisdiction thereof, any counterfeit plate, stone, or other thing, or engraving, photograph, print, or other impressions of the notes, bonds, obligations, or other securities of any foreign government, bank, or corporation, shall be fined not more than five thousand
Punishment for.
dollars, or imprisoned not more than five years, or both.
Sec. 162.
Whoever shall so place or connect together different
Connecting parts of different bills, etc.
parts of two or more notes, bills, or other genuine instruments issued under the authority of the United States, or by any foreign government, or corporation, as to produce one instrument, with intent to defraud, shall be deemed guilty of forgery in the same manner as if the parts so put together were falsely made or forged, and shall be
Punishment for.
fined not more than one thousand dollars, or imprisoned not more than five years, or both.
Sec. 163.
Whoever shall falsely make, forge, or counterfeit, or
Counterfeiting gold or silver coins or bars.
R. S., sec. 5457, p. 1058.
cause or procure to be falsely made, forged, or counterfeited, or shall willingly aid or assist in falsely making, forging, or counterfeiting any coin or bars in resemblance or similitude or the gold or silver coins or bars which have been, or hereafter may be, coined or stamped at the mints and assay offices of the United States, or in resemblance or similitude of any foreign gold or silver coin which by law is, or hereafter may be, current in the United States, or are in actual use and circulation as money within the. United States; or whoever shall pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell, or bring into the United States or any place subject to the jurisdiction thereof, from any foreign place, knowing the same to be false, forged, or counterfeit, with intent to defraud any body politic or corporate, or any person or persons whomsoever, or shall have in his possession any such false, forged, or counterfeited coin or bars, knowing the same to be false, forged, or counterfeited, with intent to defraud any body politic or corporate, or any person or persons whomsoever, shall be
Punishment for.
fined not more than five thousand dollars and imprisoned not more than ten years.
Sec. 164.
Whoever shall falsely make, forge, or counterfeit, or
Counterfeiting minor coins.
R. S., sec. 5458, p. 1058
cause, or procure to be falsely made, forged, or counterfeited, or shall willingly aid or assist in falsely making, forging, or counterfeiting any coin in the resemblance or similitude of any of the minor coins which have been, or hereafter may be, coined at the mints of the United States: or whoever shall pass, utter, publish, or sell, or bring into the United States or any place subject to the jurisdiction thereof, from any foreign place, or have in his possession any such false, forged, or counterfeited coin, with intent to defraud any person whomsoever, shall be fined not more than one thousand dollars and imprisoned not
Punishment for.
more than three years.
Sec. 165.
Whoever, fraudulently, by any art, way, or means, shall
Falsifying, mutilating or lightening coins.
Vol. 29, p. 625.
R. S., sec. 5459, p. 625.
deface, mutilate, impair, diminish, falsify, scale, or lighten, or cause or procure to be fraudulently defaced, mutilated, impaired, diminished, falsified, scaled, or lightened, or willingly aid or assist in fraudulently defacing, mutilating, impairing, diminishing, falsifying, scaling, or lightening, the gold or silver coins which have been, or which may hereafter be, coined at the mints of the United States, or any foreign gold or silver coins which are by law made current or are in actual use or circulation as money within the United States or in any place subject to the jurisdiction thereof; or whoever shall pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell, or bring into the United States or any place subject to the jurisdiction thereof, from any foreign place, knowing the same to be defaced, mutilated, impaired, diminished, falsified, scaled, or lightened, with intent to defraud any person whomsoever, or shall have in his possession any such defaced, mutilated, impaired, diminished, falsified, scaled, or lightened coin, knowing the same to be defaced, mutilated, impaired, diminished, falsified, scaled, or lightened, with intent to defraud any person whomsoever, shall be fined not more than two
Punishment for.
thousand dollars and imprisoned not more than five years.
Sec. 166.
If any of the gold or silver coins struck or coined at any
Debasing coins by officers of the mint.
R. S., sec. 5460, p. 1058.
of the mints of the United States shall bo debased, or made worse as to the proportion of fine gold or fine silver therein contained, or shall be of less weight or value than the same ought to be, pursuant to law, or if any of the scales or weights used at any of the mints or assay offices of the United States shall be defaced, altered, increased, or diminished through the fault or connivance of any officer or person employed at the said mints or assay offices, with a fraudulent intent; or if any such officer or person shall embezzle any of the metals at any time committed to his charge for the purpose of being coined, or any of the coins struck or coined at the said mints, or any medals, coms, or other moneys of said mints or assay offices at any time committed to his charge, or of which he may have assumed the charge, every such officer or person who commits any of the said offenses shall be fined not more than ten thousand dollars and imprisoned not
Punishment for.
more than ten years.
Sec. 167.
Whoever, except as authorized by law, shall make or
Making or uttering coins resembling money.
R. S., sec. 5461, p. 1059.
cause to be made, or shall utter or pass, or attempt to utter or pass, any coins of gold or silver or other metal, or alloys of metals, intended for t he use and purpose of current money, whether in the resemblance of coins of the United States or of foreign countries, or of original design, shall be fined not more than three thousand dollars, or
Punishment for.
imprisoned not more than five years, or both.
Sec. 168.
Whoever, not lawfully authorized, shall make, issue,
Making or uttering devices of minor coins.
R. S., sec. 5462, p. 1059.
or pass, or cause to be made, issued, or passed, any coin, card, token, or device in metal, or its compounds, which may be intended to be used as money for any one-cent, two-cent, three-cent, or five-cent piece, now or hereafter authorized by law, or for coins of equal value, shall be
Punishment for.
fined not more than one thousand dollars and imprisoned not more than five years.
Sec. 169.
Whoever, without lawful authority, shall make, or cause
Counterfeiting, etc., dies for United States coins.
Vol. 26, p. 742.
or procure to be made, or shall willingly aid or assist in making, any die, hub, or mold, or any part thereof, either of steel or plaster, or any other subst ance whatsoever, in likeness or similitude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining or making of any of the genuine gold, silver, nickel, bronze, copper, or other coins of the United States, that have been or hereafter may be coined at the mints of the United States; or whoever, without lawful authority, shall have in his possession any such die. hub, or mold, or any part thereof, or shall permit the same to be used for or in aid of the counterfeiting of any of the coms of the United States hereinbefore mentioned, shall be fined not more than five
Punishment for.
thousand dollars and imprisoned not more than ten years.
Sec. 170.
Whoever, within the United States or any place subject
Counterfeiting, etc., dies for foreign coins.
Vol. 26, p. 712.
to the jurisdiction thereof, without lawful authority, shall make, or cause or procure to be made, or shall willingly aid or assist in making, any die, hub, or mold, or any part thereof, either of steel or of plaster, or of any other substance whatsoever, in the likeness or similitude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining of the genuine coin of any foreign government; or whoever, without lawful authority, shall have in his possession any such die, hub, or mold, or any part thereof, or shall conceal, or knowingly suffer the same to be used for the counterfeiting of any foreign coin, shall be. fined not more than two thousand dollars, or
Punishment for.
imprisoned not more than five years, or both.
Sec. 171.
Whoever, within the United States or any place subject
Making, importing, etc., tokens, prints, etc., similar to united States or foreign coins.
Vol. 26, p. 742.
to the jurisdiction thereof, shall make, or cause or procure to be made, or shall bring therein, from any foreign country, or shall have in possession with intent to sell, give away, or in any other manner use the same, any business or professional card, notice, placard, token, device, print, or impression, or any other thing whatsoever, in the likeness or similitude as to design, color, or the inscription thereon, of any of the coins of the United States or of any foreign country that have been or hereafter may be issued as money, either under the authority of the United States or under the authority of any foreign government, shall be fined not more than one hundred
Punishment for.
Illustrations permitted.
dollars. But nothing in this section shall be construed to forbid or prevent the printing and publishing of illustrations of coins and medals, or the making of the necessary plates for the same, to be used in illustrating numismatic and historical books and journals and the circulars of legitimate publishers and dealers in the same.
Sec. 172.
All counterfeits or any obligation or other security of
Forfeiture of counterfeit obligations, securities, coins, and material.
Vol. 26, p. 742.
the United States or of any foreign government, or counterfeits of any of the coins of the United States or of any foreign government, and all material or apparatus fitted or intended to be used, or that shall have been used, in the making of any such counterfeit obligation or other security or coins hereinbefore mentioned, that shall be found in the possession of any person without authority from the Secretary of tile Treasury or other proper officer to have the same, shall be taken possession of by any authorized agent of the Treasury Department and forfeited to the United States, and disposed of in any manner the Secretary of the Treasury may direct. Whoever
Punishment for failing to deliver.
having the custody or control of any such counterfeits, material, or apparatus shall fail or refuse to surrender possession thereof upon request by any such authorized agent of the Treasury Department, shall be fined not more than one hundred dollars, or imprisoned not more than one year, or both.
Sec. 173.
The several judges of courts established under the laws
Issue of search warrants for suspected counterfeits, etc.
Vol. 26, p. 743.
of the United States ami United States commissioners may, upon proper oath or affirmation, within their respective jurisdictions, issue a search warrant authorizing any marshal of the United States, or any other person specially mentioned in such warrant, to enter any house, store, building, boat, or other place named in such warrant, in which there shall appear probable cause for believing that the manufacture of counterfeit money, or the concealment of counterfeit money, or the manufacture or concealment of counterfeit obligations or coins of the United States or of anv foreign government, or the manufacture or concealment of dies, hubs, molds, plates, or other things fitted or intended to be used for the manufacture of counterfeit money, coins, or obligations of the United States or of any foreign government, or of any bank doing business under the authority of the United States or of any State or Territory thereof, or of any bank doing business under the authority of any foreign government, or of any political division of any foreign government, is being carried on or practiced, and there search for any such countefeit money, coins, dies, hubs, molds, plates, and other things, and for any such obligations, and if any such be found, to seize and secure the same ami to make return thereof to the proper authority; and all such counterfeit money, coins, dies, hubs, molds,
Forfeiture of seized articles.
plates, and other things, and all such counterfeit obligations so seized shall be forfeited to the United States.
Sec. 174.
In all cases where the charter of any corporation which
Circulating bills of expired banks.
R. S., see. 5437, p.1054.
has been or may be created by Act of Congress has expired or may hereafter expire, if any director, officer, or agent of the corporation, or any trustee thereof, or any agent of such trustee, or any person having in his possession or under his control the property of the corporation for the purpose of paying or redeeming its notes and obligations, shall knowingly issue, reissue, or utter as money, or in any other way knowingly put in circulation any bill, note, check, draft, or other security purporting to have been made by any such corporation whose charter has expired, or by any officer thereof, or purporting to have been made under authority derived therefrom, or if any person shall knowingly aid in any such act, he shall be fined
Punishment for.
not more than ten thousand dollars, or imprisoned not more than five years, or both. But nothing herein shall be construed to make
Circulation permitted.
it unlawful for any person, not being such director, officer, or agent of the corporation, or any trustee thereof, or any agent of such trustee, or any person having in his possession or under his control the property of the corporation for the purpose hereinbefore set forth, who has received or may hereafter receive such bill, note, check, draft, or other security, bona fide and in the ordinary transactions of business, to utter as money or otherwise circulate the same.
Sec. 175.
It shall not be lawful to design, engrave, print, or in any
Imitating nationalbank notes with advertisements thereon.
R. S., sec. 5188, p. 1003.
manner make or execute, or to utter, issue, distribute, circulate, or use any business or professional card, notice, placard, circular, handbill, or advertisement in the likeness or similitude of any circulating note or other obligation or security of any banking association organized or acting under the laws of the United States which has been or may be issued under any Act of Congress, or to write, print, or otherwise impress upon any such note, obligation, or security, any business or professional card, notice or advertisement, or any notice or advertisement of any matter or thing whatever. Whoever shall violate
Punishment for.
any provision of this section shall be fined not more than one hundred dollars, or imprisoned not more than six months, or both.
Sec. 176.
Whoever shall mutilate, cut, deface, disfigure,
Mutilating, etc., national-bank notes.
R. S., see. 5189. p. 1008.
or perforate with holes, or unite or cement together, or do any other thing to any bank bill, draft, note, or other evidence of debt, issued by any national banking association, or shall cause or procure the same to be done, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued by said association, shall be fined not more than one hundred dollars, or imprisoned
Punishment for.
not more than six months, or both.
Sec. 177.
It shall not be lawful to design, engrave, print,
Imitating securities or printing advertisements thereon.
R.S.. sec. 3708, p.732.
or in any manner make or execute, or to utter, issue, distribute, circulate, or use, any business or professional card, notice, placard, circular, handbill, or advertisement, in the likeness or similitude or any bond, certificate of indebtedness, certificate of deposit, coupon, United States note, Treasury note, gold certificate, silver certificate, fractional note, or other obligation or security of the United States which has been or may be issued under or authorized by any Act of Congress heretofore passed or which may hereafter be passed; or to write, print, or otherwise impress upon any such instrument, obligation, or security, any business or professional card, notice, or advertisement, or any notice or advertisement of any matter or thing whatever. Whoever shall violate any provision of this section shall be fined not
Punishment for.
more than live hundred dollars.
Sec. 178.
No person shall make, issue, circulate, or pay out any
Issuing notes less than one dollar.
R. S.. sec. 8583. p. 707.
note, check, memorandum, token, or other obligation for a less sum than one dollar, intended to circulate as money or to be received or used in lieu of lawful money of the United States; and every person so offending shall be fined not more than five hundred dollars, or
Punishment for.
imprisoned not more than six months, or both.
Chapter Eight. offenses against the postal service.
Sec. 179.
Whoever, without authority from the Postmaster-General,
Conducting postoffice without authority.
R.S., sec. 3829, p.750.
Penalty.
shall set up or profess to keep any oilice or place of business bearing the sign, name, or title of post-office, shall be fined not more than five hundred dollars.
Sec. 180.
Whoever, being concerned in carrying the mail, shall
Illegal carrying of mail by officials, etc.
R. S., sec. 3981. p. 770.
collect, receive, or carry any letter or packet, or cause or procure the same to be done, contrary to law, shall be fined not more than fifty
Punishment for.
dollars, or imprisoned not more than thirty days, or both.
Sec. 181.
Whoever shall establish any private express for the conveyance
Conveying mail by private express.
R.S.,see. 39S2, p.770.
of letters or packets, or in any manner cause or provide for the conveyance of the same by regular trips or at stated periods over any post route which is or may be established by law, or from any city, town, or place, to any other city, town, or place, between which the mail is regularly carried, or whoever shall aid or assist therein shall be fined not more than five hundred dollars, or imprisoned not
Punishment for.
more than six months, or both: Provided, That nothing contained
Proviso.
Delivery to postoffice, etc., allowed.
in this section shall be construed as prohibiting any person from receiving and delivering to the nearest post-office, postal ear, or other authorized depository for mail matter, any mail matter properly stamped.
Sec. 182.
Whoever, being the owner, driver, conductor, master, or other person having charge of any stagecoach, railway car, steamboat, or other vehicle or vessel, shall knowingly convey or knowingly permit the conveyance of any person acting or employed as a private express for the conveyance of letters or packets, and actually in possession of the same for the purpose of conveying them, contrary to
Transporting persons unlawfully conveying mail.
R. S., sec. 3981, p. 770.
law, shall be fined not more than one hundred and fifty dollars.
Sec. 183.
Whoever shall transmit by private express or other unlawful
Penalty.
means, or deliver to any agent thereof, or deposit or cause to be deposited at any appointed place, for the purpose of being so transmitted, any letter or packet, shall be fined not more than fifty dollars.
Sec. 184.
Whoever, being the owner, driver, conductor, master, or
Sending letters by private express.
R.S., sec. 3984, p.770.
Penalty.
other person having charge of any stage-coach, railway car, steamboat, or conveyance of any kind which regularly performs trips at stated periods on any post route, or from any city, town, or place to any other city, town, or place between which the mail is regularly carried, ami which shall carry, otherwise than in the mail, any letters or packets, except such as relate to some part of the cargo of such steamboat or other vessel, to the current business of the carrier, or to some article carried at the same time by the same stage-coach, railway car, or other vehicle, except as otherwise provided by law,
Carrying letters out of the mail over post routes.
R. S., sec. 3985, p. 770.
shall be fined not more than fifty dollars.
Sec. 185.
Whoever shall carry any letter or packet on board any
Penalty.
vessel which carries the mail, otherwise than in such mail, except as otherwise provided by law, shall be fined not more than fifty dollars, or imprisoned not more than one month, or both.
Sec. 186.
Nothing in this chapter shall be construed to prohibit
Carrying letters out of the mail on vessels.
R. S., sec. 3986. p.771.
Punishment for.
the conveyance or transmission of letters or packets by private hands without compensation, or by special messenger employed for the particular occasion only.
Sec. 187.
Whoever, not being connected with the letter-carrier
When conveyance by private persons is lawful.
branch of the postal service, shall wear the uniform or badge which may be prescribed by the Postmaster-General, to be worn by letter carriers, shall be fined not more than one hundred dollars, or imprisoned
Wearing carrier’s uniform without authority.
R. S., sec. 3867, p.755.
not more than six months, or both.
Sec. 188.
It shall be unlawful to paint, print, or in any manner to
Punishment for.
place, upon or attach to any steamboat or other vessel, or any car, stage-coach, vehicle, or other conveyance, not actually used in carrying the mail, the words “United States Mail,” or any words, letters, or characters of like import ; or to give notice, by publishing in any newspaper or otherwise, that any steamboat or other vessel, or any car, stage-coach, vehicle, or other conveyance, is used in carrying the mail, when the same is not actually so used; and every person
Vehicles, etc..claiming to be mail carriers.
R. S., sec. 3979. p. 770.
who shall violate, and every owner, receiver, lessee, or managing operator thereof, who shall cause, suffer, or permit the violation of any provision or this section, shall be liable, and shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both.
Sec. 189.
Whoever shall tear, cut, or otherwise injure any mail bag,
Punishment for.
Injuring mail bags, etc
R. S., see. 5476, p. 1062.
pouch, or other thing used or designed for use in the conveyance of the mail, or shall draw or break any staple or loosen any part of any lock, chain, or strap attached thereto, with intent to rob or steal any such mail, or to render the same insecure, shall be fined not more
Punishment for.
than five hundred dollars, or imprisoned not more than three years, or both.
Sec. 190.
Whoever shall steal, purloin, or embezzle any mail bag
Stealing post-oflìce property.
R. S.. sec. 5475, p. 1062.
or other property in use by or belonging to the Post-Office Department, or shall appropriate any such property to his own or any other than its proper use, or shall convey away any such property to the hindrance or detriment of the public service, shall be fined not more
Punishment for.
than two hundred dollars, or imprisoned not more than three years, or both.
Sec. 191.
Whoever shall steal, purloin, embezzle, or obtain by any
Stealing or forging mail locks or keys.
R. S., sec. 5477, p. 1062.
false pretense, or shall aid or assist in stealing, purloining, embezzling, or obtaining by any false pretense, any key suited to any lock adopted by the Post-Office Department and in use on any of the mails or bags thereof, or any key to any lock box, lock drawer, or other authorized receptacle for the deposit or delivery of mail matter; or whoever shall knowingly and unlawfully make, forge, or counterfeit, or cause to be unlawfully made, forged, or counterfeited, any such key, or shall have in his possession any such mail lock or key with the intent unlawfully or improperly to use, sell, or otherwise dispose of the same, or to cause the same to be unlawfully or improperly used, sold, or otherwise disposed of: or whoever, being engaged as a contractor or otherwise in the manufacture of any such mail lock or key, shall deliver or cause to be delivered, any finished or unfinished lock or key used or designed for use by the department, or the interior part of any such lock, to any person not duly authorized under the hand of the Postmaster-General and the seal of the Post-Office Department, to receive the same, unless the person receiving it is the contractor for furnishing the same or engaged in the manufacture thereof in the manner authorized by the contract, or the agent of such manufacturer, shall be fined not more than five hundred dollars and imprisoned
Punishment for.
not more than ten years.
Sec. 192.
Whoever shall forcibly break into or attempt to break
Breaking into and entering post-office.
R. S., sec. 5478, p. 1062.
into any post-office, or any building used in whole or in part as a post-office, with intent to commit in such post-office, or building, or part thereof, so used, any larceny or other depredation, shall be fined not more than one thousand dollars and imprisoned not more than five years.
Sec. 193.
Whoever, by violence, shall enter a post-office car, or
Unlawfully entering post-office car, etc.
Vol. 32, p. 1176.
any apartment in any car, steamboat, or vessel, assigned to the use of the Mail Service, or shall willfully or maliciously assault or interfere with any postal clerk in the discharge of his duties in connection with such car, steamboat, vessel, or apartment thereof, or shall willfully aid or assist therein, shall be fined not more than one thousand
Punishment for.
dollars, or imprisoned not more than three years, or both.
Sec. 194.
Whoever shall steal, take, or abstract, or by fraud or
Stealing, secreting, embezzling, etc., mail matter.
R. S., secs. 3892, 5469. pp. 758, 1060.
deception obtain, from or out of any mail, post-office, or station thereof, or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or shall abstract or remove from any such letter, package, bag, or mail, any article or thing contained therein, or shall secrete, embezzle, or destroy any such letter, postal card, package, bag, or mail, or any article or thing contained therein; or whoever shall buy, receive, or conceal, or aid in buying, receiving, or concealing, or shall unlawfully have in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which lias been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been so stolen, taken, embezzled, or abstracted; or whoever shall take any letter, postal card, or package, out of any post-office or station thereof, or out of any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any postoffice or station thereof, or other authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with a design to obstruct the correspondence, or to pry into the business or secrets of another, or
Punishment for.
shall open, secrete, embezzle, or destroy the same, shall be fined not more than two thousand dollars, or imprisoned not more than five years, or both.
Sec. 195.
Whoever, being a postmaster or other person employed
Postmaster or postal employee detaining, destroying, or embezzling mail matter.
R. S., secs. 8890, 3891, 5467. pp. 757, 1060.
in any department of the postal service, shall unlawfully detain, delay, or open any letter, postal card, package, bag, or mail intrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier, messenger, agent, or other person employed in any department of the postal service, or forwarded through or delivered from any post-office or station thereof established by authority of the Postmaster-General; or shall secrete, embezzle, or destroy any such letter, postal card, package, bag, or mail; or shall steal, abstract, or remove from any such letter, package, bag, or mail, any article or thing contained therein, shall be fined not more than five hundred dollars, or imprisoned
Punishment for.
not more than five years, or both.
Sec. 196.
Whoever, being a postmaster or other poison employed
Postmasters, etc., detaining or destroying newspapers.
R. S., sec. 5471, p. 1061.
in any department of the postal service, shall improperly detain, delay, embezzle, or destroy any newspaper, or permit any other person to detain, delay, embezzle, or destroy the same, or open, or permit any other person to open, any mail or package of newspapers not directed to the office where he is employed; or whoever shall open,
By other persons.
embezzle, or destroy any mail or package of newspapers not being directed to him, and he not being authorized to open or receive the same; or whoever shall take or steal any mail or package of newspapers from any post-office or from any person having custody thereof, shall be fined not more than one hundred dollars, or imprisoned not more
Punishment for.
than one year, or both.
Sec. 197.
Whoever shall assault any person having lawful charge,
Assaulting mail custodian with intent to rob, and robbing mail.
R. S., secs. 5472, 5473. p.1061.
control, or custody of any mail matter, with intent to rob, steal, or purloin such mail matter or any part thereof, or shall rob any such person of such mail or any part thereof, shall, for a first offense, be imprisoned not more than ten yearn; and if in effecting or attempting
Punishment for.
Using weapon, etc.
to effect such robbery, he shall wound the person having custody of the mail, or put his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense, shall be imprisoned twenty-five years.
Punishment for.
Sec. 198.
Whoever shall willfully injure, tear down, or destroy any
Injury to letter boxes, etc.
R. S., secs, 3869, 5466, pp. 755, 1060.
Vol. 32. p. 1175.
letter box, pillar box, lock box, lock drawer, or other receptacle established or approved by the Postmaster-General for the safe deposit of matter for the mail or for delivery, or any lock or similar device belonging or attached thereto, or any letter box or other receptacle designated or approved by the Postmaster-General for the receipt or delivery of mail matter on any rural free-delivery route, star route, or other mail route, or shall break open the same; or shall willfully injure, deface, or destroy any mail matter deposited in any letter box, pillar box, lock box, lock drawer, or other receptacle established or approved by the Postmaster-General for the safe deposit of matter for the mail or for delivery; or shall willfully take or steal such matter from or out of any such letter box, pillar box, lock box, lock drawer, or other receptacle, or shall willfully and
Assault on letter carrier.
maliciously assault any letter or mail earlier, knowing him to be such, while engaged on his route in the discharge of his duty as such earlier, or shall willfully aid or assist in any offense defined in this section, shall be fined not more than one thousand dollars, or imprisoned not
Punishment for.
more than three years, or both.
Sec. 199.
Whoever, having taken charge of any mail, shall voluntarily
Deserting the mail.
R. S., sec. 5474. p. 1062.
quit or desert the same before he has delivered it into the postoffice at the termination of the route, or to some known mail carrier, messenger, agent, or other employee in the postal service authorized to receive the same, shall be fined not more than five hundred dollars,
Punishment for.
or imprisoned not more than one year, or both.
Sec. 200.
The master or of her person having charge or control of any
Delivery of letters by master of vessel.
R. S., sec. 3977, p. 770.
steamboat or other vessel passing between ports or places in the United States, arriving at any such port or place where there is a post-office, shall deliver to the postmaster or at the post-office within three hours after his arrival, if in the daytime, and if at night, within two hours after the next sunrise, all letters and packages brought by him or within his power or control and not relating to the cargo, addressed to or destined for such port or place, for which he shall receive from the postmaster two cents for each letter or package so delivered, unless the same is carried under a contract for carrying the mail; and for
Penalty for failure.
every failure so to deliver such letters or packages, the master or other person having charge or control of such steamboat or other vessel, shall be lined not more than one hundred and fifty dollars.
Sec. 201.
Whoever shall knowingly and willfully obstruct or retard
Obstructing the mail.
R. 8., sec. 3995, p. 772.
Punishment for.
the passage of the mail, or any carriage, horse, driver, or carrier, or car, steamboat, or other conveyance or vessel carrying the same, shall be fined not more than one hundred dollars, or imprisoned not more than six months, or both.
Sec. 202.
Whoever, being a ferryman, shall delay the passage of
Ferryman delaying mail.
R. S., sec. 3996, p. 772.
Penalty.
the mail by willful neglect or refusal to transport the same across any ferry, shall be fined not more than one hundred dollars.
Sec. 203.
All letters or other mailable matter conveyed to or from
Letters carried in foreign vessel to be deposited in postoffice.
R. S., sec. 4016, p. 775.
any part of the United States by any foreign vessel, except such sealed letters relating to such vessel or any part of the cargo thereof as may be directed to the owners or consignees of the vessel, shall be subject to postage charge, whether addressed to any person in the United States or elsewhere, provided they are conveyed by the packet or other ship of a foreign country imposing postage on letters or other mailable matter conveyed to or from such country by any vessel of the United States; and such letters or other mailable matter carried in foreign vessels, except such sealed letters relating to the vessel or any part of the cargo thereof as may be directed to the owners or consignees, shall be delivered into the United States postoffice by the master or other person having charge or control of such vessel when arriving, and be taken from the United States post-office when departing, and the postage justly chargeable by law paid thereon: and for refusing or failing to do so, or for conveying such letters or other mailable matter, or any letters or other mailable matter, intended to be conveyed in any vessel of such foreign country, over or across the United States, or any portion thereof, the party offending shall be fined not more than one thousand dollars.
Penalty for failure.
Sec. 204.
No vessel arriving within a port or collection district of
Vessels to deliver letters at post-office before entry.
R. S.. see. 3988. p. 771.
the United States shall be allowed to make entry or break bulk until all letters on board are delivered to the nearest post-office, and the master or other person having charge or control thereof has signed and sworn to the following declaration before the collector or other proper customs officer:
I, A. B., master_____, of the ______, arriving from ______, and
Oath.
now lying in the port of ______, do solemnly swear (or affirm) that I have to the best of my knowledge and belief delivered to the postoffice at ______ every letter and every bag, packet, or parcel of letters which was on board the said vessel during her last voyage, or which were in my possession or under my power or control.
And any master or other person having charge or control of such vessel
Penalty for failure.
who shall break bulk before he has delivered such letters shall be fined not more than one hundred dollars.
Sec. 205.
Whoever shall use or attempt to use in payment of postage,
Using, etc.,canceled stamps.
R. S.. secs. 3922-3925. p. 762.
Vol. 20. p. 362.
any canceled postage stamp, whether the same has been used or not; or shall remove, attempt to remove, or assist in removing, the canceling or defacing marks from any postage stamp, or the superscription from any stamped envelope, or postal card, that has once been used in payment of postage, with the intent to use the same for a like purpose, or to sell or offer to sell the same, or shall knowingly have in possession any such postage stamp, stamped envelope, or postal card, with intent to use the same, or shall knowingly sell or offer to sell any such postage stamp, stamped envelope, or postal card, or use or attempt to use the same in payment of postage; or whoever unlawfully and willfully shall remove from any mail matter any stamp attached thereto in payment of postage; or shall knowingly use or cause to be used in payment of postage, any postage stamp, postal card, or stamped envelope, issued in pursuance of law, widen has already been used for a like purpose ; shall, if he be a person employed
Punishment for.
Postal employees.
in the postal service, be fined not more than five hundred dollars, or imprisoned not more than three years, or both; and if he be a person
Other persons.
not employed in the postal service, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both.
Sec. 206.
Whoever, being a postmaster or other person employed
False returns by postmasters to increase compensation.
Vol. 20, p. 141.
in any branch of the postal service, shall make, or assist in making, or cause to be made, a raise return, statement, or account to any officer of the United States, or shall make, assist in making, or cause to be made, a false entry in any record, book, or account, required by law or the rules or regulations of the Post-Office Department to be kept in respect of the business or operations of any post-office or other branch of the postal service, for the purpose of fraudulently increasing his compensation or the compensation of the postmaster or any employee in a post-office; or whoever, being a postmaster or other person employed in any post-office or station thereof, shall induce, or attempt to induce, for the purpose of increasing the emoluments or compensation of his office, any person to deposit mail matter in, or forward in any manner for mailing at, the office where such postmaster or other person is employed, knowing such matter to be properly mailable at another post-office, shall be fined not more than five
Punishment for.
hundred dollars, or imprisoned not more than two years, or both.
Sec. 207.
Whoever, being a postmaster or other person authorized
Collecting unlawful postage.
R.S.,sec. 3899. p. 759.
to receive the postage of mail matter, shall fraudulently demand or receive any rate of postage or gratuity or reward other than is provided by law for the postage of such mail matter, shall be fined not
Punishment for.
more than one hundred dollars, or imprisoned not more than six months, or both.
Sec. 208.
Whoever, being a postmaster or other person employed
Unlawful pledging or sale of stamps.
R. S., sec. 3920. p.762.
Vol. 20. p. 141.
in any branch of the postal service, and being intrusted with the sale or custody of postage stamps, stamped envelopes, or postal cards, shall use or dispose of them in the payment of debts, or in the purchase of merchandise or other salable articles, or pledge or hypothecate the same, or sell or dispose of them except for cash; or sell or dispose of postage stamps or postal cards for any larger or less sum than the values indicated on their faces; or sell or dispose of stamped envelopes for a larger or less sum than is charged therefor by the Post-Office Department for like quantities; or sell or dispose of, or cause to be sold or disposed of, postage stamps, stamped envelopes, or postal cards at any point or place outside of the delivery of the office where such postmaster or other person is employed; or induce or attempt
Inducing purchases to increase pay.
to induce, for the purpose of increasing the emoluments or compensation of such postmaster, or the emoluments or compensation of any other person employed in such post-office or any station thereof, or the allowances or facilities provided therefor, any person to purchase at such post-office or any station thereof, or from any employee of such post-office, postage stamps, stamped envelopes, or postal cards; or sell or dispose of postage stamps, stamped envelopes, or postal cards, otherwise than as provided by law or the regulations of the Post-Office Department, shall be fined not more than five
Punishment for.
hundred dollars, or imprisoned not more than one year, or both.
Sec. 209.
Whoever, being a postmaster or other person engaged in
Failing to account for postage due, etc.
Vol. 20. p. 362.
the postal service, shall collect and fail to account for the postage due upon any article of mail matter which he may deliver, without having previously affixed and canceled the special stamp provided by law, or shall fail to affix such stamp, shall be fined not more than fifty
Punishment for.
dollars.
Sec. 210.
Whoever, being a postmaster or other person employed
Issuing unpaid-for money orders.
R. S., sec. 4030, p.777.
Punishment for.
in any branch of the postal service, shall issue a money order without having previously received the money therefor, shall be fined not more than five hundred dollars.
Sec. 211.
Every obscene, lewd, or lascivious, and every filthy,
Obscene matter unmailable.
Vol. 25. p. 496.
R. S., sec. 3893, p. 758.
book, pamphlet, picture, paper, letter, writing, print, or other publication of an indecent character, and every article or thing designed, adapted, or intended for preventing conception or producing abortion, or for any indecent or immoral use: and every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for preventing conception or producing abort ion, or for any indecent or immoral purpose; and every written or printed card, letter, circular, book, pamphlet, advertisement , or notice of any kind giving information directly or indirectly, where, or how, or from whom, or by what means any of the hereinbefore-mentioned matters, articles, or things may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed, or how or by what means conception may be prevented or abortion produced, whether sealed or unsealed; and every letter, packet, or package, or other mail matter containing any filthy, vile, or indecent thing, device, or substance; and every paper, writing, advertisement , or representation that any article, instrument, substance, drug, medicine, or thing may. or can be, used or applied for preventing conception or producing abortion, or for any indecent or immoral purpose: and every description calculated to induce or incite a person to so use or apply any such article, instrument, substance, drug, medicine, or thing, is hereby declared to be nonmailable matter and shall not be conveyed in the mails or delivered from any post-office or by any letter carrier. Whoever shall knowingly deposit , or cause to
Punishment for mailing or taking from mails to circulate.
be deposited for mailing or delivery, anything declared by this section to be nonmailable, or shall knowingly take, or cause the same to be taken, from the mails for the purpose of circulating or disposing thereof, or of aiding in the circulation or disposition thereof, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both.
Sec. 212.
All matter otherwise mailable by law, upon the envelope
Libelous and indecent matter on wrappers or envelopes.
Vol. 25, p. 496.
or outside cover or wrapper of which, or any postal card upon which, any delineations, epithets, terms, or language of an indecent, lewd, lascivious, obscene, libelous, scurrilous, defamatory, or threatening character, or calculated by the terms or manner or style of display and obviously intended to reflect injuriously upon the character or conduct of another, may be written or printed or otherwise impressed or apparent, are hereby declared nonmailable matter, and shall not be conveyed in the mails nor delivered from any post-office nor by any letter carrier, and shall be withdrawn from the mails under such regulations as the Postmaster-General shall prescribe. Whoever shall
Punishment for mailing.
knowingly deposit or cause to be deposited, for mailing or delivery, anything declared by this section to be nonmailable matter, or shall knowingly take the same or cause the same to be taken from the mails for the purpose of circulating or disposing of or aiding in the circulation or disposition of the same, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both.
Sec. 213.
No letter, package, postal card, or circular concerning
Lottery, gift enterprise, etc., circulars not mailable.
R. S., sec. 3894, p. 758.
Vol. 26. p. 465: Vol. 28, p. 963.
any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance; and no lottery ticket or part thereof, or paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance; and no check, draft, bill, money, postal note, or money order, for the purchase of any ticket or part thereof, or of any share or chance in any such lottery, gift enterprise, or scheme; and no newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery, gift enterprise, or scheme of any kind offering prizes dependent in whole or in part upon lot or chance, or containing any list of t he prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes, shall be deposited in or carried by the mads of the United States, or be delivered by any postmaster or letter carrier. Whoever
Punishment for.
shall knowingly deposit or cause to be deposited, or shall knowingly send or cause to be sent, anything to be conveyed or delivered by mail in violation of the provisions of this section, or shall knowingly deliver or cause to be delivered by mail anything herein forbidden to be carried by mail, shall be lined not more than one thousand dollars, or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than five years. Any person violating any provision of this section may be tried and
Place of trial.
punished either in the district in which the unlawful matter or publication was mailed, or to which it was carried by mail for delivery according to the direction thereon, or in which it was caused to be delivered by mail to the person to whom it was addressed.
Sec. 214.
Whoever, being a postmaster or other person employed
Official acting as lottery agent.
R. S., sec. 8851. p. 762.
in the postal service, shall act as agent for any lottery office, or under color of purchase or otherwise, vend lottery tickets, or shall knowingly send by mail or deliver any letter, package, postal card, circular, or pamphlet advertising any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any ticket, certificate, or instrument representing any chance, share, or interest in or dependent upon the event of any lottery, gift enterprise, or similar scheme offermg prizes dependent in whole or in part upon lot or chance, or any list of the prizes awarded by means of any such scheme, shall be fined not more than one hundred dollars, or
Punishment for.
imprisoned not more than one year, or both.
Sec. 215.
Whoever, having devised or intending to devise any
Using mails to promote frauds.
Vol.25. p. 873.
R. 8., sec. 5480. p. 1063.
scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, bank note, paper money, or any obligation or security of the United States, or of any State, Territory, municipality, company, corporation, or person, or anything represented to be or intimated or held out to be such counterfeit or spurious article, or
Counterfeit money.
any scheme or artifice to obtain money by or through correspondence, by what is commonly called the “saw-dust swindle,” or “counterfeitmoney fraud,” or by dealing or pretending to deal in what is commonly called “green articles.” “green coin,” “green goods.” “bills,” “paper goods,” “spurious Treasury notes,” “United States goods,” “green cigars,” or any other names or terms intended to be understood as relating to such counterfeit or spurious articles, shall, for the purpose of executing such scheme or artifice or attempting so to do, place, or cause to be placed, any letter, postal card, package, writing, circular, pamphlet, or advertisement, whether addressed to any person residing within or outside the United States, in any post-office, or station thereof, or street or other letter box of the United States, or authorized depository for mail matter, to be sent or delivered by the post-office establishment of the United States, or shall take or receive any such therefrom, whether mailed within or without the United States, or shall knowingly cause to be delivered by mail according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any suck letter, postal card, package, writing, circular, pamphlet, or advertisement, shall be fined not more than one thousand dollars,
Punishment for.
or imprisoned not more than five years, or both.
Sec. 216.
Whoever, for the purpose of conducting, promoting, or
Using fraudulent fietitious address.
Vol. 25, p. 873.
carrying on, in any manner, by means of the post-office establishment of the United States, any scheme or device mentioned in the section last preceding, or any other unlawful business whatsoever, shall use or assume, or request to be addressed by. any fictitious, false, or assumed title, name, or address, or name other than his own proper name, or shall take or receive from any post-office of the United States, or station thereof, or any other authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be punished
Punishment for.
as provided in the section last preceding.
Sec. 217.
AH kinds of poison, and all articles and compositions
Poisons, explosives, etc., not mailable.
containing poison, and all poisonous animals, insects, and reptiles, and explosives of all kinds, and inflammable materials, and infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, and all disease germs or scabs, and all other natural or artificial articles, compositions, or materials of whatever kind which may kill, or in any wise hurt, harm, or injure another, or damage, deface, or otherwise injure the mails or other property, whether sealed as first-class matter or not, are hereby declared to be nonmailable matter, and shall not be conveyed in the mails or delivered from any post-office or station thereof, nor by any letter
Packing permitted.
carrier: but the Postmaster-General may permit the transmission in the mails, under such rides and regulations as he shall prescribe as to preparation and packing, of any articles hereinbefore described which are not outwardly or of their own force dangerous or injurious to life, health, or property: Provided, That all spirituous, vinous,
Proviso.
Intoxicating 1iquors.
malted, fermented, or other intoxicating liquors of any kind, are hereby declared to be nonmailable and shall not be deposited in or carried through the mails. Whoever shall knowingly deposit or
Punishment for mailing.
cause to be deposited for mailing or delivery, or shall knowingly cause to be delivered by mail according to the direction thereon, or at any place at which it is directed to be delivered by the person to whom it is addressed, anything declared by this section to be nonmailable, unless in accordance with the rules and regulations hereby authorized to be prescribed by the Postmaster-General, shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both; and whoever shall knowingly deposit or cause to be deposited for mailing or delivery, or shall knowingly cause to be
Mailing articles with injurious intent.
delivered by mail according to the direction thereon, or at any place to which it is directed to be delivered by the person to whom it is addressed, anything declared by this section to be nonmailable, whether transmitted in accordance with the rules and regulations authorized to be prescribed by the Postmaster-General or not, with the design, intent, or purpose to kill, or in anywise hurt, harm, or injure another, or damage, deface, or otherwise injure the mails or other property, shall be fined not more than five thousand dollars, or
Punishment for.
imprisoned not more than ten years, or both.
Sec. 218.
Whoever, with intent to defraud, shall falsely make,
Counterfeiting, etc., money orders.
Vol. 24. p. 355: Vol. 25, p. 187.
R. S., see. 546S, p. 1059.
forge, counterfeit, engrave, or print, or cause or procure to lie falsely made, forged, counterfeited, engraved, or printed, or shall willingly aid or assist in falsely making, forging, counterfeiting, engraving, or printing, any order in imitation of or purporting to be a money order issued by the Post-Office Department, or by any postmaster or agent thereof; or whoever shall forge or counterfeit the signature of any postmaster, assistant postmaster, chief clerk, or clerk, upon or to any money order, or postal note, or blank therefor provided or issued by or under the direction of the Post-Office Department of the United States, or of any foreign country, and payable in the United States, or any material signature or indorsement thereon, or any material signature to any receipt or certificate of identification thereon; or shall falsely alter, or cause or procure to be falsely altered in any material respect, or knowingly aid or assist in falsely so altering any such money order or postal note; or shall, with intent to defraud, pass, utter, or publish any such forged or altered money order or postal note, knowing any material signature or indorsement thereon to be false, forged, or counterfeited, or any material alteration therein to have been falsely made; or shall issue any money order or postal note without having previously received or paid the full amount of money payable therefor, with the purpose of fraudulently obtaining or receiving, or fraudulently enabling any other person, either directly or indirectly, to obtain or receive from the United States, or any officer, employee, or agent thereof, any sum of money whatever; or shall, with intent to defraud the United States, or any person, transmit or present to, or cause or procure to be transmitted or presented to, any officer or employee, or at any office of the Government of the United States, any money order or postal note, knowing the same to contain any forged or counterfeited signature to the same, or to any material indorsement, receipt, or certificate thereon, or material alteration therein unlawfully made, or to have been unlawfully issued without previous payment of the amount required to be paid upon such issue, shall be fined
Punishment for.
not more than five thousand dollars, or imprisoned not more than five years, or both.
Sec. 219.
Whoever shall forge or counterfeit any postage stamp, or
Counterfeiting, etc., postage stamps.
R. S.. sec. 5464. p. 1059.
any stamp printed upon any stamped envelope, or postal card, or any die, plate, or engraving therefor; or shall make or print, or knowingly use or sell, or have hi possession with intent to use or sell, any such forged or counterfeited postage stamp, stamped envelope, postal card, die, plate, or engraving; or shall make, or knowingly use or sell, or have in possession with intent to use or sell, any paper bearing the watermark of any stamped envelope, or postal card, or any fraudulent imitation thereof; or shall make or print, or authorize or procure to be made or printed, any postage stamp, stamped envelope, or postal card, of the kind authorized and provided by the Post-Office Department, without the special authority and direction of said department; or shall, after such postage stamp, stamped envelope, or postal card has been printed, with intent to defraud, defiver the same to any person not authorized by an instrument in writing, duly executed under the hand of the Postmaster-General and the seal of the Post-Office Department, to receive it, shall be fined not more than five hundred dollars,
Punishment for.
or imprisoned not more than five years, or both.
Sec. 220.
Whoever shall forge, or counterfeit, or knowingly utter
Counterfeiting, etc., foreign stamps.
R. S.. sec. 5465. p. 1060.
Punishment ior.
or use any forged or counterfeited postage stamp of any foreign government, shall be fined not more than five hundred dollars, or imprisoned not more than five years, or both.
Sec. 221.
Matter of the second, third, or fourth class containing
Inclosing higher in lower class matter.
Vol. 25. p. 2.
R.S., sec. 8887. p. 757.
any writing or printing in addition to the original matter, other than as authorized by law, shall not be admitted to the mails, nor delivered, except upon payment of postage for matter of the first class, deducting therefrom any amount which mav have been prepaid by stamps affixed, unless by direction of the Postmaster-General such postage shall be remitted. Whoever shall knowingly conceal or
Punishment for.
inclose any matter of a higher class in that of a lower class, and deposit or cause the same to be deposited for conveyance by mail, at a less rate than would be charged for such higher class matter, shall be fined not more than one hundred dollars.
Sec. 222.
Whoever, being a postmaster, shall affix his signature to
Postmaster illegally approving bond, etc.
R. S., sec. 3947, p. 765.
Vol. 18. p. 235.
the approval of any bond of a bidder, or to the certificate of sufficiency of sureties in any contract, before the said bond or contract is signed by the bidder or contractor and his sureties, or shall knowingly, or without the exercise of due diligence, approve any bond of a bidder with insufficient sureties, or shall knowingly make any false or fraudulent certificate, shall be forthwith dismissed from office and be thereafter
Punishment for.
disqualified from holding the office of postmaster; and shall also be fined not more than five thousand dollars, or imprisoned not more than one year, or both.
Sec. 223.
Whoever shall knowingly submit or cause to be submitted
Submitting false evidence as to second-class matter.
Vol. 33. p. 823.
to any postmaster or to the Post-Office Department or any officer of the postal service, any false evidence relative to any publication for the purpose of securing the admission thereof at the second-class rate, for transportation in the mails, shall be fined not
Punishment for.
more than five hundred dollars.
Sec. 224.
Whoever shall make, allege, or present, or cause to be
Inducing or prosecuting claims for losses.
made, alleged, or presented, or assist, aid, or abet in making, alleging, or presenting, any claim or application for indemnity for the loss of any registered letter, parcel, package, or other article or matter, or the contents thereof, knowing such claim or application to be false, fictitious, or fraudulent; or whoever for the purpose of obtaining or aiding to obtain the payment or approval of any such claim or application, shall make or use, or cause to be made or used, any false statement, certificate, affidavit, or deposition; or whoever shall knowingly and willfully misrepresent, or misstate, or, for the purpose aforesaid shall knowingly and willfully conceal any material fact or circumstance in respect of any such claim or application for indemnity, shall be fined not more than five hundred dollars, or imprisoned
Punishment for.
not more than one. year, or both.
Sec. 225.
Whoever, being a postmaster or other person employed
Misappropriating postal Hinds or property.
R.S., secs. 4046, 4053, pp. 779, 781.
in or connected with any branch of the postal service, shall loan, use, pledge, hypothecate, or convert to his own use, or shall deposit in any bank, or exchange for other funds or property, except as authorized by law, any money or property coming into his hands or under his control in any manner whatever, in the execution or under color of his office, employment, or service, whether the same shall be the money or property of the United States or not; or shall fail or refuse to remit to or deposit in the Treasury of the United States or in a designated depository, or to account for or turn over to the proper officer or agent, any such money or property, when required so to do by law or the regulations of the Post-Office Department, or upon demand or order of the Postmaster-General, either directly or through a duly authorized officer or agent, shall be deemed guilty of embezzlement; and every such person, as well as
Punishment for.
every other person advising or knowingly participating therein, shall be fined in a sum equal to the amount or value of the money or propertv embezzled, or imprisoned not more than ten years, or both. Any failure to produce or to pay over any such money or property,
Prima facie evidence.
when required so to do as above provided, shall be taken to be prima facie evidence of such embezzlement; and upon the trial of any indictment against any person for such embezzlement, it shall be prima facie evidence of a balance against him to produce a transcript from the account books of the Auditor for the Post-Office Department. But nothing herein shall be construed to prohibit any
Deposits, etc., permitted.
postmaster depositing, under the direction of the Postmaster-General, in a national bank designated by the Secretary of the Treasury for that purpose, to his own credit as postmaster, any funds in his charge, nor prevent his negotiating drafts or other evidences of debt through such bank, or through United States disbursing officers, or otherwise, when instructed or required so to do by the PostmasterGeneral, for the purpose of remitting surplus funds from one postoffice to another.
Sec. 226.
Whoever, being a person employed in the postal service,
Employees interested in mail contracts.
R. S., sec. 412, p. 68.
shall become interested in any contract for carrying the mail, or act as agent, with or without compensation, for any contractor or person offering to become a contractor in any business before the Department, shall be immediately dismissed from office, and shall be fined
Punishment for.
not more than five thousand dollars, or imprisoned not more than one year, or both.
Sec. 227.
Whoever shall make use of any official envelope, label,
Fraudulent use of official envelopes.
Vol. 19, p. 335.
or indorsement authorized by law, to avoid the payment of postage or registry fee on his private letter, packet, package, or other matter
Penalty.
in the mail, shall be fined not more than three hundred dollars.
Sec. 228.
Whoever shall place or cause to be placed any matter in
Fraudulently increasing weight of mail.
Vol. 30, p. 442.
the mails during the regular weighing period, for the purpose of increasing the weight of the mail, with intent to cause an increase in the compensation of the railroad mail carrier over whose route such mail may pass, shall be fined not more than twenty thousand
Punishment for.
dollars, or imprisoned not more than five years, or both.
Sec. 229.
Every foreign mail shall, while being transported across
Offenses against foreign mail in transit.
R.S.,scc. 1013, p. 774.
the territory of the United States under authority of law, be taken and deemed to be a mail of the United States so far as to make any violation thereof, or depredation thereon, or offense in respect thereto, or any part thereof, an offense of the same grade, and punishable
Punishment for.
in the same manner and to the same extent as though the mail was a mail of the United States; and in any indictment or
Indictments.
information for any such offense, the mail, or any part thereof, may be alleged to be, and on the trial of any such indictment or information it shall be deemed and held to be, a mail or part of a mail of the United States.
Sec. 230.
Every person employed in the postal service shall be
Omission to take oath.
R. S.,sec. 3832, p. 760.
subject to all penalties and forfeitures for the violation of the laws relating to such service, whether he has taken the oath of office or not.
Sec. 231.
The words “ postal service,”whereverused in this chapter,
Definition.
shall be held and deemed to include the “Post-Office Department.”
Chapter Nine. offenses against foreign and interstate commerce.
Sec. 232.
It shall be unlawful to transport, carry, or convey, any
Explosives carried on vessels or vehicles with passengers for hire forbidden.
R. S., sec. 5353, p 1039.
dynamite, gunpowder, or other explosive, between a place in a foreign country and a place within or subject to the jurisdiction of the United States, or between a place in any State. Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction
Ante, p. 554.
thereof, and a place in any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description operated by a common carrier, which vessel or vehicle is carrying passengers for hire: Provided, That it shall be lawful to transport on any
Provisos.
Explosives permitted.
such vessel or vehicle small arms ammunition in any quantity, and such fuses, torpedoes, rockets, or other signal devices, as may be essential to promote safety in operation, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of one-half pound each, and not exceeding twenty samples at one time in a single vessel or vehicle; but such samples shall not be
Restriction.
carried in that part of a vessel or vehicle which is intended for the transportation of passengers for hire: Provided further, That nothing
Military transportation.
in this section shall be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger equipment vessels or vehicles.
Sec. 233.
The Interstate Commerce Commission shall formulate
Regulations for transporting explosives to be made by Interstate Commerce Commission.
Ante, p, 555.
regulations for the safe transportation of explosives, which shall be binding upon all common carriers engaged in interstate or foreign commerce which transport explosives by land. Said commission, of its own motion, or upon application made by any interested party, may make changes or modifications in such regulations, made desirable by new information or altered conditions. Such regulations shall be in accord with the best known practicable means for securing safety in transit, covering the packing, marking, loading, handling while in transit, and the precautions necessary to determine whether the material when offered is in proper condition to transport. Such
Effect.
regulations, as well as all changes or modifications thereof, shall take effect ninety days after their formulation and publication by said commission and shall be in effect until reversed, set aside, or modified.
Sec. 234.
It shall be unlawful to transport, carry, or convey,
High explosives excluded from certain vessels or vehicles.
Ante. p. 555.
liquid nitroglycerin, fulminate in bulk in dry condition, or other like explosive, between a place in a foreign country and a place within or subject to the jurisdiction of the United States, or between a place in one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, and a place in any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description operated by a common carrier in the transportation of passengers or articles of commerce by land or water.
Sec. 235.
Every package containing explosives or other dangerous
Marking packages of explosives.
Ante, p. 555.
R. S., see. 5355, p. 1010.
articles when presented to a common carrier for shipment shall have plainly marked on the outside thereof the contents thereof ; and it shall ne unlawful for any person to deliver, or cause to be delivered, to any common carrier engaged in interstate or foreign commerce by land or water, for interstate or foreign transportation, or to cany upon any vessel or vehicle engaged in interstate or foreign transportation, any explosive, or other dangerous article, under any false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of such carrier of the true character thereof, at or before the time such delivery or carriage is made. Whoever shall knowingly violate, or cause to be violated,
Punishment for violation
any provision of this section, or of the three sections last preceding, or any regulation made by the Intel-state Commerce Commission in pursuance thereof, shall be fined not more than two thousand dollars, or imprisoned not more than eighteen months, or both.
Sec. 236.
When the death or bodily injury of any person is caused
Causing death or injury by illegal transportation.
R. S., sec. 5354, p. 1039.
by the explosion of any article named in the four sections last preceding, while the same is being placed upon any vessel or vehicle to be transported in violation thereof, or while the same is being so transported, or while the same is being removed from such vessel or vehicle, the person knowingly placing, or aiding or permitting the placing, of such articles upon any such vessel or vehicle, to be so
Punishment for.
transported, shall be imprisoned not more than ten years.
Sec. 237.
Whoever shall bring or cause to be brought into the
Importing, etc., lottery tickets, etc.
Vol. 28, p. 963,
United States or any place subject to the jurisdiction thereof, from any foreign country, for the purpose of disposing of the same, any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any advertisement of, or list of the prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme; or shall therein knowingly deposit
Interstate, etc., carriage.
or cause, to be deposited with any express company or other common carrier for carriage, or shall carry, from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, to any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States through a foreign country to any place in or subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States to a foreign country,any paper,certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon, the event of any such lottery, gift enterprise, or similar scheme, or any advertisement of, or list of the prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme, or shall knowingly take or receive, or cause to be taken or received, any such paper, certificate, instrument, advertisement, or list so brought, deposited, or transported, shall, for
Punishment for.
the first offense, be fined not more than ope thousand dollars, or imprisoned not more, than two years, or both; and for any subsequent offense shall be imprisoned not more than two years.
Sec. 238.
Any officer, agent, or employee of any railroad company,
Intoxicating liquors by interstate, etc., shipment delivered to other than bona tide consignee.
express company, or other common carrier, who shall knowingly deliver or cause to be delivered to any person other than the person to whom it has been consigned, unless upon the written order in each instance of the bona fide consignee, or to any fictitious person, or to any person under a fictitious name, any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind which has been shipped from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the. jurisdiction thereof, shall be fined not more than five thousand dollars, or imprisoned
Punishment for.
not more than two years, or both.
Sec. 239.
Any railroad company, express company, or other common
Carrier, etc., collecting purchase price of interstate, etc., shipment of intoxicating liquor.
carrier, or any other person who, in connection with the transportation or any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind, from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, shall collect the purchase price or any part thereof, before, on, or after delivery, from the consignee, or from any other person, or shall in any manner act as the agent of the buyer or seller of any such liquor, for the purpose of buying or selling or completing the sale thereof, saving only in the actual transportation and delivery of the same, shall be fined not more than five thousand
Penalty.
dollars.
Sec. 240.
Whoever shall knowingly ship or cause to be shipped,
Shipping packages of intoxicating liquors in interstate, etc., commerce,not plainly marked.
from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, any package of or package containing any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind, unless such package be so labeled on the outside cover as to plainly show the name of the consignee, t he nature of its contents, and the quantity contained therein, shall be fined not more than five thousand
Penalty.
dollars; and such liquor shall be forfeited to the United States, and may be seized and Condemned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to law.
Sec. 241.
The importation into the United States, or any Territory
Importing certain injurious birds and animals forbidden.
Vol. 31, p. 188.
or District thereof, of the mongoose, the so-called “flying foxes” or fruit bats, the English sparrow, the starling, and such other birds and animals as the Secretary of Agriculture may from time to time declare to be injurious to the interests of agriculture or horticulture, is hereby prohibited; and all such birds and animals shall, upon arrival at any port of the United States, be destroyed or returned at the expense of the owner. No person shall import into the United
Permits for foreign wild animals.
States or into any Territory or District thereof, any foreign wild animal or bird, except under special permit from the Secretary of Agriculture: Provided, That nothing in this section shall restrict
Proviso.
Specimens for museums, etc.
the importation of natural history specimens for museums or scientific collections, or of certain cage birds, such as domesticated canaries, parrots, or such other birds as the Secretary of Agriculture may designate. The Secretary of the Treasury is hereby authorized to make regulations for carrying into effect the provisions of this section.
Sec. 242.
It shall be unlawful for any person to deliver to any
Transportation of illegally killed game, etc., prohibited.
Vol. 31, p. 188.
common carrier for transportation, or for any common carrier to transport from any State, Territory, or District of the United States, to any other State, Territory, or District thereof, any foreign animals or birds, the importation of which is prohibited, or the dead bodies or parts thereof of any wild animals or birds, where such animals or birds have been killed or shipped in violation of the laws of the State, Territory, or District in which the same were killed, or from which they were shipped: Provided, That nothing herein shall prevent
Provisos.
Shipments in game season.
the transportation of any dead birds or animals killed during the season when the same may be lawfully captured, and the export of which is not prohibited by law in the State, Territory, or District in which the same are captured or killed: Provided further, That
Feathers of barnyard fowls.
nothing herein shall prevent the importation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowls.
Sec. 243.
All packages containing the dead bodies, or the plumage,
Marking of packages.
Vol. 31, p. 188.
or parts thereof, of game animals, or game or other wild birds, when shipped in interstate or foreign commerce, shall be plainly and clearly marked, so that the name and address of the shipper, and the nature of the contents, may be readily ascertained on an inspection of the outside of such package.
Sec. 244.
For each evasion or violation of any provision of the
Penalty for violations.
Vol. 31, p. 188.
three sections last preceding, the shipper shall be fined not more than two hundred dollars; the consignee knowingly receiving such articles so shipped and transported in violation of said sections shall be lined not more than two hundred dollars; and the carrier knowingly carrying or transporting the same in violation of said sections shall be fined not more than two hundred dollars.
Sec. 245.
Whoever shall bring or cause to be brought into the
Importing and transporting obscene books, etc.
Vol. 83, p. 705: Vol. 29, p. 512.
United States or any place subject to the jurisdiction thereof, from any foreign country, or shall therein knowingly deposit or cause to be deposited with any express company or other common carrier, for carriage from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, to any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States through a foreign country to any place in or subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States to a foreign country, any obscene, lewd, or lascivious, or any filthy, book, pamphlet, picture, paper, letter, writing, print, or other matter of indecent character, or any drug, medicine, article, or thing designed, adapted, or intended for preventing conception, or producing abortion, or for any indecent or immoral use, or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, how, or of whom, or by what means any of the hereinbefore-mentioned articles, matters, or things may be obtained or made; or whoever shall knowingly take or cause to be taken from such express company or other common carrier any matter or thing the depositing of which for carriage is herein made unlawful, shall be fined not more
Punishment for.
than live thousand dollars, or imprisoned not more than five years, or both.
Chapter Ten. the slave trade and peonage.
Sec. 246.
Whoever, being of the crew or ship’s company of any
Confining or detaining slaves on board vessel.
R. S., sec. 5375, p. 1012.
foreign vessel engaged in the slave trade, or being of the crew or ship’s company of any vessel owned wholly or in part, or navigated for or in behalf of any citizen of the United States, forcibly confines or detains on board such vessel any person as a slave, or, on board such vessel, offers or attempts to sell as a slave any such person, or on the high seas, or anywhere on tide water, transfers or delivers to any other vessel any such person with intent to make such person a slave, or lands or delivers on shore from on board such vessel any person with intent to make sale of, or having previously sold such person as a slave, is a pirate, and shall be imprisoned for life.
Punishment for.
Sec. 247.
Whoever, being of the crew or ship’s company of any
Seizing slaves on foreign shores.
R. S., sec. 5376, p. 1042.
foreign vessel engaged in the slave trade, or being of the crew or ship’s company of any vessel owned in whole or in part, or navigated for, or in behalf of, any citizen of the United States, lands from such vessel, and, on any foreign shore, seizes any person with intent to make such person a slave, or decoys, or forcibly brings, or carries or receives such person on board such vessel, with like intent, is a pirate,
Punishment for.
and shall be imprisoned for life.
Sec. 248.
Whoever brings within the jurisdiction of the United
Bringing slaves into United States.
R. S., sec. 5377, p. 1013.
States, in any manner whatsoever, any person from any foreign kingdom or country, or from sea, or holds, sells, or otherwise disposes of, any person so brought in, as a slave, or to be held to service or labor, shall be fined not more than ten thousand dollars, one half to
Punishment for.
the use of the United States and the other half to the use of the party who prosecutes the indictment to effect; and, moreover, shall be imprisoned not more than seven years.
Sec. 249.
Whoever builds, fits out, equips, loads, or otherwise
Equipping vessels for slave trade.
R. S., sec. 5378, p. 1043.
prepares, or sends away, either as master, factor, or owner, any vessel, in any port or place within the jurisdiction of the United States, or causes such vessel to sail from any port or place whatsoever, within such jurisdiction, for the purpose of procuring any person from any foreign kingdom or country to be transported to any port or place whatsoever, to be held, sold, or otherwise disposed of as a slave, or held to service or labor, shall be fined not more than five thousand
Punishment for.
dollars, one half to the use of the United States and the other half to the use of the person prosecuting the indictment to effect; and shall, moreover, be imprisoned not more than seven years.
Sec. 250.
Whoever, within the jurisdiction of the United States,
Transporting persons to be held as slaves.
R. S., sec. 5379. p. 1013.
takes on board, receives, or transports from any foreign kingdom or country, or from sea, any person in any vessel, for the purpose of holding, selling, or otherwise disposing of such person as a slave, or to be field to service or labor, shall be punished as prescribed in the
Punishment for.
section last preceding.
Sec. 251.
Whoever, being the captain, master, or commander of any
Hovering on coast with slaves on board.
R. S., sec. 5380, p. 1013.
vessel found in any river, port, bay, harbor, or on the high seas, within the jurisdiction of the United States, or hovering on the coast thereof, having on board any person, for the purpose of selling such person as a slave, or with intent to land such person for any such purpose, shall be fined not more than ten thousand dollars and imprisoned
Punishment for.
not more than four years.
Sec. 252.
Whoever, being a citizen of the United States, or other
Serving on vessels in slave trade.
R. S., sec. 5381, p. 1013.
person residing therein, voluntarily serves on board of any vessel employed or made use of in the transportation of slaves from any foreign country or place to another, shall be fined not more than two
Punishment for.
thousand dollars and imprisoned not more than two years.
Sec. 253.
Whoever, being the master or owner or person having
Receiving or carrying away person to be sold or held as slave.
R. S., sec. 5524, p. 1071.
charge of any vessel, receives on board any other person, with the knowledge or intent that such person is to be carried from any place subject to the jurisdiction of the United States to any other place, to be held or sold as a slave, or carries away from any place subject to the jurisdiction of the United States any such person, with the intent that he may be so held or sold as a slave, shall be fined not
Punishment for.
more than five thousand dollars, or imprisoned not more than five years, or both.
Sec. 254.
No person shall, for himself or for another, as master,
Equipping, etc.. vessel for slave trade.
R. S., see. 5551, p. 1076.
factor, or owner, build, fit, equip, load, or otherwise prepare any vessel in any port or place, within the jurisdiction of the United States, or cause any vessel to sail from any port or place within the jurisdiction of the United States for the purpose of procuring any person from any foreign kingdom, place, or country to be transported to any port or place whatsoever, to be held, sold, or otherwise disposed of, as a slave, or to be held to service or labor; and every vessel so built, fitted out,
Forfeiture.
equipped, laden, or otherwise prepared, with her tackle, apparel, furniture, and lading, shall be forfeited; one moiety to the use of the
Moiety to informer.
United States and the other to the use of the person who sues for the forfeiture and prosecutes the same to effect.
Sec. 255.
Whoever so builds, fits out, equips, loads, or otherwise
Penalty on persons building, equipping, etc.
R. S., sec. 5552. p. 1076.
prepares or sends away any vessel, knowing or intending that the same shall be employed in such trade or business, contrary to the provisions of the section last preceding, or in any way aids or abets therein, shall, besides the forfeiture of the vessel, pay the sum of two thousand dollars; one moiety thereof to the use of the United States and the
Moiety to informer.
other moiety thereof to the use of the person who sues for and prosecutes the same to effect.
Sec. 256.
Every vessel employed in carrying on the slave trade or
Forfeiture of vessels transporting slaves.
R. S.. sec. 5653, p. 1076.
on which is received or transported any person from any foreign kingdom or country, or from sea, for the purpose of holding, selling, or otherwise disposing of such person as a slave, or of holding such person to service or labor, shall, together with her tackle, apparel, furniture, and the goods and effects which may be found on board, or which may have been imported thereon in the same voyage, be forfeited ; one moiety to the use of the United States and the other to the
Moiety to informer.
use of the person who sues for and prosecutes the forfeiture to effect.
Sec. 257.
Whoever, being a citizen of the United States, takes on
Receiving penoils on board to be sold as slaves.
R. S., sec. 5554, p. 1076.
board, receives, or transports any person for the purpose of selling such person as a slave shall, in addition to the forfeiture of the vessel, pay for each person so received on board or transported the sum of two hundred dollars, to be recovered in any court of the United States;
Penalty.
the one moiety thereof to the use of the United States and the other
Moiety to informer.
moiety to the use of the peison who sues for and prosecutes the same to effect.
Sec. 258.
Every vessel which is found in any river, port, bay, or
Vessels found hovering on coasts to be forfeited.
R. S.. sec. 5555. p. 1076.
harbor, or on the high seas, within the jurisdiction or the United States, or hovering on the coasts thereof, and having on board any person, with intent to sell such person as a slave, or with intent to land the same for that purpose, either in the United States or elsewhere, shall, together with her tackle, apparel, furniture, and the goods or effects on board of her, be forfeited to the United Sates.
Sec. 259.
It shall be unlawful for any citizen of the United States,
Forfeiture of interest in slave vessels.
R. S., sec. 6566. p. 1077.
or other person residing therein, or under the jurisdiction thereof, directly or indirectly to hold or have any right or property in any vessel employed or made use of in the transportation or carrying of slaves from one foreign country or place to another, and any such right or property shall be forfeited, and may be libeled and condemned for the use of the person suing for the same. Whoever shall violate
Additional penalty.
the prohibition of this section shall also forfeit and pay a. sum of money equal to double the value of his right or property in such vessel; and shall also forfeit a sum of money equal to double the value of the interest he had in the slaves which at any time may be transported or carried in such vessels.
Sec. 260.
The President is authorized, when he deems it expedient,
Seizure of vessels in slave trade.
R. S., sec. 5557, p. 1077.
to man and employ any of the armed vessels of the United States to cruise wherever he may judge attempts are making to carry on the slave trade, by citizens or residents of the United States, in contra-vention of laws prohibitory of the same; and, in such case, he shall instruct the commanders of such armed vessels to seize, take, and bring into any port of the United States, to be proceeded against according to law, all American vessels, wheresoever found, which may have on board, or which may be intended for the purpose of taking on board, or of transporting, or may have transported any person, in violation of the provisions of any Act of Congress prohibit - mg the traffic in slaves.
Sec. 261.
The proceeds of all vessels, their tackle, apparel, and
Proceeds of condemned vessels paid into the Treasury.
R. S., sec. 5558, p. 1077.
furniture, and the goods and effects on board of them, which are so seized, prosecuted, and condemned, shall be paid into the Treasury of the United States.
Sec. 262.
The officers of the vessel making such seizure shall
Disposal of persons found on seized vessel.
R. S., see. 5559, p. 1077.
safely keep every person found on board of any vessel so seized, taken, or brought into port for condemnation, and shall deliver every such person to the marshal of the district into which he may be brought, if into a port of the United States, or if elsewhere, to such person as may be lawfully appointed by the President, in the manner directed by law, transmitting to the President, as soon as may be after such delivery, a descriptive list of such persons, in order that he may give directions for the disposal of them.
Sec. 263.
The commanders of such commissioned vessels shall
Apprehension of officers and crew.
R. S.. sec. 5560. p. 1077.
cause to be apprehended and taken into custody every person found on board of such offending vessel so seized and taken, being of the officers or crew thereof, and him convey, as soon as conveniently may be, to the civil authority of the United States, to be proceeded against in due course of law.
Sec. 264.
The President is authorized to make such regulations
Removal of persons delivered from seized vessel.
R. S., sec. 5561, p. 1077.
and arrangements as he may deem expedient for the safe-keeping, support, and removal beyond the limits of the United States of all such persons as may be so delivered and brought within its jurisdiction.
Sec. 265.
It shall be the duty of the commander of any armed vessel
To what port captured vessel sent.
R. S., sec. 5563, p. 1078.
of the United States, whenever he makes any capture under the preceding provisions, to bring the vessel and her cargo, for adjudication, into some port of the State, Territory, or District to which such vessel so captured may belong, if he. can ascertain the same; if not, then into any convenient port of the United States.
Sec. 266.
Every owner, master, or factor of any foreign vessel
When owners of foreign vessels shall give bond.
R. S., sec. 5564. p. 1078.
clearing from any port within the jurisdiction of the United States, and suspected to be intended for the slave trade, and the suspicion being declared to the officer of the customs by any citizen, on oath, and such information being to the satisfaction of the officer, shall first give bond, with sufficient sureties, to the Treasurer of the United States that none of the natives of any foreign country or place shall be taken on board such vessel to be transported or sold as slaves in any other foreign port or place whatever, within nine months thereafter.
Sec. 267.
The President is authorized to issue instructions to the
Instructions to masters of armed vessels.
R. S., sec. 5567, p. 1078.
commanders of the armed vessels of the United States, directing them, whenever it is practicable, and under such rules and regulations as he may prescribe, to proceed directly to the country from which they were taken, and there hand over to the agent of the United States all such persons, delivered from on board vessels seized in the prosecution of the slave trade; and they shall afterwards bring the captured vessels and persons engaged in prosecuting such trade to the United States for trial and adjudication.
Sec. 268.
Whoever kidnaps or carries away any other person, with
Kidnaping.
R. S., sec. 5525. p. 1071.
the intent that such other person be sold into involuntary servitude, or held as a slave; or who entices, persuades, or induces any other person to go on board any vessel or to any other place with the intent that he may be made or held as a slave, or sent out of the country to be so made or held; or who in any way knowingly aids in causing any other person to be held, sold, or carried away to be held or sold as a slave, shall be fined not more than five thousand dollars, or
Punishment for.
imprisoned not more than five years, or both.
Sec. 269.
Whoever holds, arrests, returns, or causes to be held,
Holding or returning persons to peonage.
R. S., sec. 5526, p. 1071.
arrested, or returned, or in any maimer aids in the arrest or return of any person to a condition of peonage, shall be fined not more than live thousand dollars, or imprisoned not more than five years,
Punishment for.
or both.
Sec. 270.
Whoever obstructs, or attempts to obstruct, or in any
Obstructing enforcement of preceding section.
R. S., see. 5527, p. 1071.
way interferes with or prevents the enforcement of the section last preceding, shall be liable to the penalties therein prescribed.
Sec. 271.
Whoever shall knowingly and willfully bring into the
Bringing kidnaped person into United States, etc.
Vol. 18, p. 251.
United States or any place subject to the jurisdiction thereof, any person inveigled or forcibly kidnaped in any other country, with intent to hold such person so inveigled or kidnaped in confinement or to any involuntary servitude; or whoever shall knowingly and willfully sell, or cause to be sold, into any condition of involuntary servitude, any other person for any term whatever; or whoever shall knowingly and willfully hold to involuntary servitude any person so brought or sold, shall be fined not more than five thousand dollars
Punishment for.
and imprisoned not more than five years.
Chapter Eleven. offenses within the admiralty and maritime and the territorial jurisdiction of the united states.
Sec. 272.
The crimes and offenses defined in this chapter shall be
Places and waters applicable.
punished as herein prescribed:
First. When committed upon the high seas, or on any other waters
On board American ship on high seas. etc.
R. S., sec. 5389, p 1038.
within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, or when committed within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State on board any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, or District thereof.
Second. When committed upon any vessel registered, licensed, or
On board American vessel on Great Lakes, etc.
Vol. 26, p. 424.
enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, namely: Lake Superior, Lake Michigan, Lake’ Huron, Lake Saint Clair, Lake Erie, Lake Ontario, or any of the waters connecting any of said lakes, or upon the River Saint Lawrence where the same constitutes the International boundary line.
Third. When committed within or on any lands reserved or
On hind under exclusive control of United States.
acquired for the exclusive use of the United States, and under the exclusive jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dock-yard, or other needful building.
Fourth. On any island, rock, or key, containing deposits of guano,
Guano islands.
which may, at the discretion of the President, be considered as appertaining to the United States.
Sec. 273.
Murder is the unlawful killing of a human being with
Murder defined.
First degree.
malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Any other murder is murder in the second degree
Second degree.
.
Sec. 274.
Manslaughter is the unlawful killing of a human being
Manslaughter defined.
R. S., sec. 5341, p. 1038.
Voluntary.
Involuntary.
without malice. It is of two kinds:
First. Voluntary—Upon a sudden quarrel or heat of passion.
Second. Involuntary—In the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawfid maimer, or without due caution and circumspection.
Sec. 275.
Every person guilty of murder in the first degree shall
Punishment.
Murder.
R. S., sec. 5339, p. 1038.
suffer death. Every person guilty of murder in the second degree shall be imprisoned not less than ten years and may be imprisoned for life. Every person guilty of voluntary manslaughter shall be
Manslaughter.
R. S., sec. 5343. p. 1038.
imprisoned not more than ten years. Every person guilty of involuntary manslaughter shall be imprisoned not more than three years, or fined not exceeding one thousand dollars, or both.
Sec. 276.
Whoever shall assault another with intent to commit
Felonious assaults.
To murder or rape.
R. S., sec. 5346, p. 1038.
Other felony.
murder, or rape, shall be imprisoned not more than twenty years. Whoever shall assault another with intent to commit any felony, except murder, or rape, shall be fined not more than three thousand dollars, or imprisoned not more than ten years, or both. Whoever,
With weapons, etc.
with intent to do bodily harm, and without just cause or excuse, shall assault another with a dangerous weapon, instrument, or other thing, shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both. Whoever shall unlawfully
Beating, etc.
strike, beat, or wound another, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. Whoever shall unlawfully assault another, shall be fined not more
Simple assault.
than three hundred dollars, or imprisoned not more than three months, or both.
Sec. 277.
Whoever shall attempt to commit murder or manslaughter,
Other attempts at murder, etc.
R. S., sec. 5342, p. 1038.
except as provided in the preceding section, shall be fined not more than one thousand dollars and imprisoned not more than three years.
Sec. 278.
Whoever shall commit the crime of rape shall suffer
Rape.
R. S., sec. 5345. p. 1038.
death.
Sec. 279.
Whoever shall carnally and unlawfully know any female
Having carnal knowledge of female under sixteen.
Vol. 25, p. 658.
under the age of sixteen years, or shall be accessory to such carnal and unlawful knowledge before the fact, shall, for a first offense, be imprisoned not more than fifteen years, and for a subsequent offense be imprisoned not more than thirty years.
Sec. 280.
Every master, officer, seaman, or other person employed
Seduction of female passenger on vessel.
R. S., sec. 5349, p. 1039.
on board of any American vessel who, during the voyage, under promise of marriage, or by threats, or the exercise of authority, or solicitation, or the making of gifts or presents, seduces ami has illicit connection with any female passenger, shall be fined not more than
Punishment for.
one thousand dollars, or imprisoned not more than one year, or both; but subsequent intermarriage of the parties may be pleaded in bar of conviction.
Sec. 281.
When a person is convicted of a violation of the section
Disposal of fine.
R. S., sec. 5350, p. 1039.
last preceding, the court may, in its discretion, direct that the amount of the fine, when paid, be paid for the use of the female seduced, or her child, if she have any; but no conviction shall be had
Evidence, etc., required.
R. S., see. 5351. p. 1039.
on the testimony of the female seduced, without other evidence, nor unless the indictment is found within one year after the arrival of the vessel on which the offense was committed at the port of its destination.
Sec. 282.
Every captain, engineer, pilot, or other person employed
Loss of life by misconduct of officers, etc., of vessels.
Vol. 33. p. 1025.
R. S.. sec. 5344, p. 1038.
on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed, and every owner, charterer, inspector, or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be fined not
Punishment for.
more than ten thousand dollars, or imprisoned not more than ten years, or both: Provided, That when the owner or charterer of any
Proviso.
Liability of corporation officer.
steamboat or vessel shall be a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly and willfully caused or allowed such fraud, neglect, connivance, misconduct, or violation of law, by which the. life of any person is destroyed, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both.
Sec. 283.
Whoever, with intent to maim or disfigure, shall cut,
Maiming, etc.
R. S., sec. 5848, p. 1039.
bite, or slit, the nose, ear, or lip, or cut out or disable the tongue, or put out or destroy an eye, or cut off or disable a limb or any member of another person; or whoever, with like intent, shall throw or pour upon another person, any scalding hot water, vitriol, or other corrosive acid, or caustic substance whatever, shall be fined not more than
Punishment for.
one thousand dollars, or imprisoned not more than seven years, or both.
Sec. 284.
Whoever, by force and violence, or by putting in fear,
Robbery.
shall feloniously take from the person or presence of another anything of value, shall be imprisoned not more than fifteen years.
Punishment for.
Sec. 285.
Whoever shall willfully and maliciously set fire to, burn,
Arson of dwelling house.
R. S., sec. 5885, p. 1044.
or attempt to burn, or by means of a dangerous explosive destroy or attempt to destroy, any dwelling house, or any store, bam, stable, or other building, parcel of a dwelling house, shall be imprisoned not
Punishment for.
more than twenty years.
Sec. 286.
Whoever shall maliciously set fire to, burn, or attempt to
Arson of other buildings. etc.
R. S., secs. 5386, 5387, p. 1044.
burn, or by any means destroy or injure, or attempt to destroy or injure, any arsenal, armory, magazine, ropewalk, ship house, warehouse, blockhouse, or barrack, or any store louse, barn, or stable, not parcel of a dwelling house, or any other building not mentioned in the section last preceding, or any vessel built, building, or undergoing repair, or any light-house, or beacon, or any machinery, timber, cables, rigging, or other materials or appliances for building, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms, or other munitions of war, shall be fined not more than five thousand dollars and imprisoned
Punishment for.
not more than twenty years.
Sec. 287.
Whoever shall take and carry away, with intent to steal
Larceny.
R. S., sec. 5856, p. 1040.
or purloin, any personal property of another, shall be punished as follows: If the property taken is of a value exceeding fifty dollars, or is
Punishment for.
taken from the person of another, by a fine of not more than ten thousand dollars, or imprisonment for not more than ten years, or both; in all other cases, by a fine of not more than one thousand dollars, or by imprisonment not more than one year, or both. If the property
Determining value of written instrument.
stolen consists of any evidence of debt, or other written instrument, the amount of money due thereon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, shall be deemed to be the value of the property stolen.
Sec. 288.
Whoever shall buy, receive, or conceal, any money, goods,
Receiving stolen goods, etc.
R. S., sec. 5357, p. 1040.
bank notes, or other thing which may be the subject of larceny, which has been feloniously taken, stolen, or embezzled, from any other person, knowing the same to have been so taken, stolen, or embezzled, shall be lined not more than one thousand dollars and imprisoned not
Punishment for.
more than three years; and such person may be tried either before or
Trials.
after the conviction of the principal offender.
Sec. 289.
Whoever, within the territorial limits of any State, organized
Laws of States adopted for punishing wrongful acts, etc.
R. S., sec. 5391. p. 1045.
Vol. 30, p. 717.
Ante, p. 1142.
Territory, or District, but within or upon any of the places now existing or hereafter reserved or acquired, described in section two hundred and seventy-two of this Act, shall do or omit the doing of any act or thing which is not made penal by any law of Congress, but which if committed or omitted within the jurisdiction of the State, Territory, or District in which such place is situated, by the laws thereof now in force would be penal, shall be deemed guilty of a like offense and be subject to a like punishment; and every such State,
Effect of repeal, etc.
Territorial, or District law shall, for the purposes of this section, continue in force, notwithstanding any subsequent repeal or amendment thereof by any such State, Territory, or District.
Chapter Twelve. piracy and other offenses upon the seas.
Sec. 290.
Whoever, on the high seas, commits the crime of piracy
Piracy.
R. S., sec. 5368, p. 1042.
Punishment for.
as defined by the law of nations, and, is afterwards brought into or found in the United States, shall be imprisoned for life.
Sec. 291.
Whoever, being the master or officer of a vessel of the
Maltreatment of crew by officers of vessel.
Vol. 29, p. 691.
R. S., sec. 5347, p. 1039.
United States, on the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, beats, wounds, or without justifiable cause, imprisons any of the crew of such vessel, or withholds from them suitable food and nourishment, or inflicts upon them any cruel and unusual punishment, shall be
Punishment for.
fined not more than one thousand dollars, or imprisoned not more than five years, or both. Nothing herein contained shall be construed
Flogging.
R. S.,sec. 4611, p. 894.
to repeal or modify section forty-six hundred and eleven of the Revised Statutes.
Sec. 292.
Whoever, being of the crew of a vessel of the United
Inciting revolt or mutiny on shipboard.
R. S., sec. 5359, p. 1040.
States, on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, endeavors to make a revolt or mutiny on board such vessel, or combines, conspires, or confederates with any other person on board to make such revolt or mutiny, or solicits, incites, or stirs up any other of the crew to disobey or resist the lawful orders of the master or other officer of such vessel, or to refuse or neglect their proper duty on board thereof, or to betray their proper trust, or assembles with others in a tumultuous and mutinous .manner, or makes a riot on board thereof, or unlawfully confines the master or other commanding officer thereof, shall be fined
Punishment for.
not more than one thousand dollars, or imprisoned not more than five years, or both.
Sec. 293.
Whoever, being of the crew of a vessel of the United
Revolt or mutiny on shipboard.
R. S., sec. 5360, p. 1040.
States, on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, unlawfully and with force, or by fraud, or intimidation, usurps the command of such vessel from the master or other lawful officer in command thereof, or deprives him of authority and command on board, or resists or prevents him in the free and lawful exercise thereof, or transfers such authority and command to another not lawfully entitled thereto, is guilty of a revolt and mutiny, and shall be fined not more than two thousand
Punishment for.
dollars and imprisoned not more than ten years.
Sec. 294.
Whoever, being a seaman, lays violent hands upon his
Seaman laying violent hands on commander.
R. S., sec. 5369, p. 1040.
Punishment for.
commander, thereby to hinder and prevent his fighting in defense of his vessel or the goods intrusted to him, is a pirate, and shall be imprisoned for life.
Sec. 295.
Whoever, being master or commander of a vessel of the
Abandonment of mariner in foreign port.
R. S., see. 5363. p. 1041.
United States, while abroad, maliciously and without justifiable cause forces any officer or mariner of such vessel on shore, in order to leave him behind in any foreign port or place, or refuses to bring home again all such officers and mariners of such vessel whom he carried out with him, as are in a condition to return and willing to return, when he is ready to proceed on his homeward voyage, shall be fined not more
Punishment for.
than five Hundred dollars, or imprisoned not more than six months, or both.
Sec. 296.
Whoever, on the high seas, or within the United States,
Conspiracy to cast away vessel.
R. S., see. 5364, p. 1041.
willfully and corruptly conspires, combines, and confederates with any other person, such other person being either within or without the United States, to cast away or otherwise destroy any vessel, with intent to injure any person that may have underwritten or may thereafter underwrite any policy of insurance thereon or on goods on board thereof, or with intent to injure any person that has lent or advanced, or may lend or advance, any money on such vessel on bottomry or respondentia; or whoever, within the United States, builds, or fits out, or aids in building or fitting out, any vessel with intent that the same be cast away or destroyed, with the intent hereinbefore mentioned, shall be fined not more than ten thousand dollars and
Punishment for.
imprisoned not more than ten years.
Sec. 297.
Whoever plunders, steals, or destroys any money, goods,
Plundering vessel in distress, etc.
R. S., sec. 5358, p. 1040.
merchandise, or other effects, from or belonging to any vessel in distress, or wrecked, lost, stranded, or cast away, upon the sea, or upon any reef, shoal, bank, or rocks of the sea, or in any other place within the admiralty and maritime jurisdiction of the United States, shall be
Punishment for.
fined not more than five thousand dollars and imprisoned not more than ten years; and whoever willfully obstructs the escape of any
Obstructing escape of wrecked person.
person endeavoring to save his life from such vessel, or the wreck thereof; or whoever holds out or shows any false light, or extinguishes
Holding false light.
any true light, with intent to bring any vessel sailing upon the sea into danger, or distress, or shipwreck, shall be imprisoned not less
Punishment for.
than ten years and may be imprisoned for life.
Sec. 298.
Whoever, upon the high seas or on any other waters
Attacking vessel with intent to plunder.
R. S., sec. 6361. p. 1041.
within the admiralty and maritime jurisdiction of the United States, by surprise or by open force, maliciously attacks or sets upon any vessel belonging to another, with an intent unlawfully to plunder the same, or to despoil any owner thereof of any moneys, goods, or merchandise laden on board thereof, shall be fined not more than five
Punishment for.
thousand dollars and imprisoned not more than ten years.
Sec. 299.
Whoever, upon the high seas or on any other waters
Breaking mid entering vessel, etc.
R. S., sec. 5362, p. 1041.
within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular State, breaks or enters any vessel, with intent to commit any felony, or maliciously cuts, spoils, or destroys any cordage, cable, buoys, buoy-rope, head-fast, or other fast, fixed to the anchor or moorings belonging to any vessel, shall be fined not more than one thousand dollars and imprisoned
Punishment for.
not more than five years.
Sec. 300.
Whoever, upon the high seas or on any other waters
Owner destroying vessel at sea.
Vol. 28, p. 233.
R. S., sec. 5365, p. 1041.
within the admiralty and maritime jurisdiction of the United States, willfully and corruptly casts away or otherwise destroys any vessel, of which he is owner, in whole or in part, with intent to prejudice any person that may underwrite any policy of insurance thereon, or any merchant that may have goods thereon, or any other owner of such vessel, shall be imprisoned for life or for any term of years.
Punishment for.
Sec. 301.
Whoever, not being an owner, upon the high seas or on
Other person destroying. or attempting. of vessel at sea.
Vol. 28, p. 233.
R. S., sec. 5366, 5367, p. 1041.
any other waters within the admiralty and maritime jurisdiction of the United States, willfully and corruptly casts away or otherwise destroys any vessel of the United States to which he belongs, or, willfully, with intent to destroy the same, sets fire to any such vessel, or otherwise attempts the destruction thereof, shall be imprisoned
Punishment for.
not more than ten years.
Sec. 302.
Whoever, being engaged in any piratical cruise, or enterprise,
Robbery on shore by piratical crew.
R. S., sec. 5371, p. 1042.
Punishment for.
or being of the crew of any piratical vessel, lands from such vessel, and on shore commits robbery, is a pirate, and shall be imprisoned for life.
Sec. 303.
Whoever, being a citizen of the United States, without
Arming vessel to cruise against citizens.
R. S., sec. 5284, p. 1024.
the limits thereof, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly aids or is concerned in furnishing. fitting out, or arming, any private vessel of war or privateer, with intent that such vessel shall be employed to cruise or commit hostilities upon the citizens of the United States, or their property, or whoever takes the command of or enters on board of any such vessel, for such intent, or who purchases any interest in any such vessel with a view to share in the profits thereof, shall be
Punishment for.
fined not more than ten thousand dollars and imprisoned not more than ten years. The trial for such offense, if committed without
Trials.
the limits of the United States, shall be in the district in which the offender shall be apprehended or first brought.
Sec. 304.
Whoever, being a citizen of the United States, commits
Piracy under color of foreign commission.
R. S., sec. 5373. p. 1042.
any murder or robbery, or any act of hostility against the United States,or against any citizen thereof, on the high seas, under color of any commission from any foreign prince, or state, or on pretense of authority from any person, is, notwithstanding the pretense of such authority, a pirate, and shall be imprisoned for life.
Punishment for.
Sec. 305.
Whoever, being a citizen or subject of any foreign state,
Piracy by aliens.
R. S., see..5374, p. 1042.
is found and taken on the sea making war upon the United States, or cruising against the vessels and property thereof, or of the citizens of the same, contrary to the provisions of any treaty existing between the United States and the state of which the offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is guilty of piracy, and shall be imprisoned for life.
Punishment for.
Sec. 306.
Whoever, being a captain or other officer or mariner of
Running away with or yielding up vessel or cargo.
R. S., sec. 5383, p. 1043.
a vessel upon the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, piratically or feloniously runs away with such vessel, or with any goods or merchandise thereof, to the value of fifty dollars, or who yields up such vessel voluntarily to any pirate, shall be fined not more than ten
Punishment for.
thousand dollars, or imprisoned not more than ten years, or both.
Sec. 307.
Whoever attempts or endeavors to corrupt any commander,
Confederating, etc., with pirates.
R. S., sec. 5384. p. 1043.
master, officer, or mariner to yield up or to run away with any vessel, or with any goods, wares, or merchandise, or to turn pirate, or to go over to or confederate with pirates, or in any wise to trade with any pirate, knowing him to be such, or furnishes such pirate with any ammunition, stores, or provisions of any kind, or fits out any vessel knowingly and, with a design to trade with, supply, or correspond with any pirate or robber upon the seas; or whoever consults, combines, confederates, or corresponds with any pirate or robber upon the seas, lenowing him to be guilty of any piracy or robbery; or whoever, being a seaman, confines the master of any vessel,
Confining master.
shall be fined not more than one thousand dollars and imprisoned
Punishment for.
not more than three years.
Sec. 308.
Whoever, being subject to the authority of the United
Selling arms, intoxicants. etc., in Pacific islands.
Vol. 32, p. 33.
States, shall give, sell, or otherwise supply any arms, ammunition, explosive substance, intoxicating liquor, or opium to any aboriginal native of any of the Pacific islands lying within the twentieth parallel of north latitude and the fortieth parallel of south latitude, and the one hundred and twentieth meridian of longitude west and one hundred and twentieth meridian of longitude east of Greenwich, not being in the possession or under the protection of any civilized power, snail be fined not more than fifty dollars, or imprisoned not
Punishment for.
more than three months, or both. In addition to such punishment, all articles of a similar nature to those in respect to which an offense has been committed, found in the possession of the offender, may be declared forfeited. If it shall appear to the court that such opium,
Medicinal use of spirits, etc.
wine, or spirits have been given bona fide for medical purposes, it shall be lawful for the court to dismiss the charge.
Sec. 309.
All offenses against the provisions of the section last preceding,
Offenses deemed on high seas.
committed on any of said islands or on the waters, rocks, or keys adjacent thereto, shall be deemed committed on the high seas on board a merchant ship or vessel belonging to the United States, and the courts of the United States shall have jurisdiction accordingly.
Sec. 310.
The words “vessel of the United States,” wherever they
“Vessels of the United States” defined.
occur in this chapter, shall be construed to mean a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, or District thereof.
Chapter Thirteen. certain offenses in the territories.
Sec. 311.
Except as otherwise expressly provided, the offenses
Places applicable.
defined in this chapter shall be punished as hereinafter provided, when committed within any Territory or District, or within or upon any place within the exclusive jurisdiction of the United States.
Sec. 312.
Whoever shall sell, lend, give away, or in any manner
Circulating obscene literature, etc.
R. S., sec. 5389, p. 1044.
exhibit, or offer to sell, lend, give away, or in any manner exhibit, or shall otherwise publish or offer to publish in any manner, or shall have in his possession for any such purpose, any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on or of paper or other material, or any cast, instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever, for the prevention of conception, or for causing unlawful abortion, or shall advertise the same for sale, or shall write or print, or cause to be written or printed, any card, circular, book, pamphlet, advertisement, or notice of any kind, stating when, where, how, or of whom, or by what means, any of the articles above mentioned can be purchased or obtained, or shall manufacture, draw, or print, or in anywise make any of such articles, shall be fined not more than two
Punishment for.
thousand dollars, or imprisoned not more than five years, or both.
Sec. 313.
Every person who has a husband or wife living, who
Polygamy defined.
Vol. 22, p. 30.
R. S., sec. 5352, p. 1089.
marries another, whether married or single, and any man who simultaneously, or on the same day, marries more than one woman, is guilty or polygamy, and shall be fined not more than five hundred
Punishment for.
dollars and imprisoned not more than five years. But this section
Exceptions.
shall not extend to any person by reason of any former marriage whose husband or wife by such marriage shall have been absent for five successive years, and is not known to such person to be living, and is believed by such person to be dead, nor to any person by reason of any former marriage which shall have been dissolved by a valid decree of a competent court, nor to any person by reason of any former marriage which shall have been pronounced void by a valid decree of a competent court, on the ground of nullity of the marriage contract.
Sec. 314.
If any male person cohabits with more than one woman,
Unlawful cohabitation.
Vol. 22, p. 31.
Punishment for.
he shall be fined not more than three hundred dollars, or imprisoned not more than six months, or both.
Sec. 315.
Counts for any or all of the offenses named in the two
Joinder of counts.
sections last preceding may be joined in the same information or indictment.
Sec. 316.
Whoever shall commit adultery shall be imprisoned not
Adultery.
Punishment for.
Vol. 24, p. 635.
more than three years; and when the act is committed between a married woman and a man who is unmarried, both parties to such act shall be deemed guilty of adultery; and when such act is committed between a married man and a woman who is unmarried, the man shall be deemed guilty of adultery.
Sec. 317.
Whoever, being related to another person within and
Incest defined. Vol. 24. p. 636.
not including the fourth degree of consanguinity computed according to the rules of the civil law, shall marry or cohabit with, or have sexual intercourse with such other so related person, knowing her or him to be within said degree of relationship, shall be deemed guilty of incest, and shall be imprisoned not more than fifteen years.
Punishment for.
Sec. 318.
If any unmarried man or woman commits fornication,
Fornication.
Vol. 24, p. 636.
Punishment for.
each shall be fined not more than one hundred dollars, or imprisoned not more than six months.
Sec. 319.
Every ceremony of marriage, or in the nature of a marriage
Recording, etc., certificates of marriage.
Vol. 24, p. 636.
ceremony of any kind, whether either or both or more of the parties to such ceremony be lawfully competent to be the subjects of such marriage or ceremony or not, shall be certified by a certificate stating the fact and nature of such ceremony, the full name of each of the parties concerned, and the full name of every officer, priest, and person, by whatever style or designation called or known, in any way taking part in the performance of such ceremony, which certificate shall be drawn up and signed by the parties to such ceremony and by every officer, priest, and person taking part in the performance of such ceremony, and shall be by the officer, priest, or other person solemnizing such marriage or ceremony filed in the office of the probate court, or, if there be none, in the office of the court having probate powers in the county or district in which such ceremony shall take place, for record, and shall be immediately recorded, and be at all times subject to inspection as other public records. Such certificate,
Evidence of marriage.
or the record thereof, or a duly certified copy of such record, shall be prima facie evidence of the facts required by this section to be stated therein in any proceeding, civil or criminal, in which the matter shall be drawn in question. But nothing in this section shall be held to prevent the proof of marriages, whether lawful or unlawful, by any evidence otherwise legally admissible for that purpose. Whoever shall willfully violate any provision of this section shall be
Punishment for violations.
fined not more than one thousand dollars, or imprisoned not more than two years, or both. The provisions of this section shall apply
Application.
only within the Territories of the United States.
Sec. 320.
Whoever shall voluntarily engage in a pugilistic encounter
Prize fights, bull tights, etc.
Vol. 29, p. 5.
between man and man or a fight between a man and a bull or any other animal, for money or for other thing of value, or for any championship, or upon the result of which any money or anything of value is bet or wagered, or to see which any admission fee is directly or indirectly charged, shall be imprisoned not more than five
Punishment for.
years. The provisions or this section shall apply only within the
Application.
Territories of the United States and the District or Columbia.
Sec. 321.
By the term “pugilistic encounter,” as used in the section
Definition of “pugilistic encounter.”
last preceding, is meant any voluntary fight by blows by means of fists or otherwise, whether with or without gloves, between two or more men, for money or for a prize of any character, or for any other thing of value, or for any championship, or upon the result of which any money or anything of value is bet or wagered, or to see which any admission fee is directly or indirectly charged.
Sec. 322.
Whoever shall willfully and maliciously trespass upon or
Train robberies, etc.
Vol. 32, p. 727.
enter upon any railroad train, railroad car, or railroad locomotive, with the intent to commit murder, or robbery, shall be fined not more than five thousand dollars, or imprisoned not more than twenty years, or both. Whoever shall willfully and maliciously trespass upon or enter upon any railroad train, railroad car, or railroad locomotive, with intent to commit any unlawful violence upon or against any passenger on said train, or car, or upon or against any engineer, conductor, fireman, brakeman, or any officer or employee connected with said locomotive, train, or car, or upon or against any express messenger or mail agent on said train or in any car thereof, or to commit any crime or offense against any person or property thereon, shall be fined
Punishment for.
not more than one thousand dollars, or imprisoned not more than one year, or both. Whoever shall counsel, aid, abet, or assist in the perpetration
Accomplices.
of any of the offenses set forth in this section shall be deemed to be a principal therein. Upon the trial of any person
Proofs.
charged with any offense set forth in this section, it shall not be necessary to set forth or prove the particular person against whom it was intended to commit the offense, or that it was intended to commit such offense against any particular person.
Chapter Fourteen. general and special provisions.
Sec. 323.
The manner of inflicting the punishment of death shall
Death penalty by hanging.
R. S., sec. 5325, p. 1035.
be by hanging.
Sec. 324.
No conviction or judgment shall work corruption of
Corruption of blood and forfeiture of estate excluded.
R. S., sec. 5326, p. 1035.
blood or any forfeiture of estate.
Sec. 325.
The punishment of whipping and of standing in the pillory
Whipping and pillory abolished.
R. S., sec. 5327, p. 1035.
shall not be inflicted.
Sec. 326.
Nothing in this Title shall be held to take away or impair
Jurisdiction of state courts.
R. S., sec. 5328, p. 1035.
the jurisdiction of the courts of the several States under the laws thereof.
Sec. 327.
Whenever, by the judgment of any court or judicial
Pardoning power.
R. S., sec. 5330, p. 1035.
officer of the United States, in any criminal proceeding, any person is sentenced to two kinds of punishment, the one pecuniary and the other corporal, the President shall have full discretionary power to pardon or remit, in whole or in part, either one of the two kinds, without, in any manner, impairing the legal validity of the other kind, or of any portion of either kind, not pardoned or remitted.
Sec. 328.
All Indians committing against the person or property of
Indians committing certain crimes.
Vol. 28, p. 885.
Vol. 29, p. 487.
another Indian or other person any of the following crimes, namely— murder, manslaughter, rape, assault with intent to kill, assault with a dangerous weapon, arson, burglary, and larceny, within any Territory of the United States, and either within or without an Indian reservation, shall be subject therefor to the laws of such Territory relating to said crimes, and shall be tried therefor in the same courts and in the same manner and shall be subject to the same penalties as are all other persons charged with the commission of said crimes, respectively; and the said courts are hereby given jurisdiction in all such cases. And all such Indians committing any of the abovenamed
Acte on reservations, etc.
crimes against the person or property of another Indian or other person within the boundaries of any State of the United States, and within the limits of any Indian reservation, shall be subject to the
Punishment for.
same laws, tried in the same courts and in the same manner, and be subject to the same penalties as are all other persons committing any of the above crimes within the exclusive jurisdiction of the United States: Provided, That any Indian who shall commit the offense of
Proviso.
Rape on Indian woman.
rape upon any female Indian within the limits of any Indian reservation shall be imprisoned at the discretion of the court.
Sec. 329.
The circuit and district courts of the United States for the
Crimes committed on Indian reservations in South Dakota.
Vol. 32, p. 793.
district of South Dakota shall have jurisdiction to hear, try, and determine all actions and proceedings in which any person shall be charged with the crime of murder, manslaughter, rape, assault with intent to kill, assault with a dangerous weapon, arson, burglary, or larceny, committed within the limits of any Indian reservation in the State of South Dakota. Any person convicted of murder, manslaughter, rape, arson, or burglary, committed within the limits of any such reservation, shall be subject to the same punishment as is imposed upon persons committing said crimes within the exclusive jurisdiction of the United States: Provided, That any Indian who shall commit the
Proviso.
Rape oí female Indian.
crime of rape upon any female Indian within any such reservation shall be imprisoned at the discretion of the court. Any person convicted of the crime of assault with intent to kill, assault with a dangerous weapon, or larceny, committed within the limits of any such reservation, shall be subject to the same punishment as is provided in cases of other persons convicted of any of said crimes under the laws of the State of South Dakota. This section is passed in pursuance of the cession of jurisdiction contained in chapter one hundred and six, Laws of South Dakota, nineteen hundred and one.
Sec. 330.
In all cases where the accused is found guilty of the crime
Qualified verdicts in certain cases.
Vol. 29. p. 487.
of murder in the first degree, or rape, the jury may qualify their verdict by adding thereto “without capital punishment;” and whenever the jury shall return a verdict qualified as aforesaid, the person convicted shall be sentenced to imprisonment for life.
Sec. 331.
The court before which any person is convicted of murder
Delivery of body of executed offender for dissection.
R. S., sec. 5340. p. 1038.
in the first degree, or rape, may, in its discretion, add to the judgment of death, that the body of the offender be delivered to a surgeon for dissection; and the marshal who executes such judgment shall deliver the body, after execution, to such surgeon as the court may direct; and such surgeon, or some person appointed by him, shall receive and take away the body at the time of execution.
Sec. 332.
Whoever directly commits any act constituting an offense
Principals defined.
R. S., secs. 5323, 5427, pp. 1035, 1052.
defined in any law of the United States, or aids, abets, counsels, commands, induces, or procures its commission, is a principal.
Sec. 333.
Whoever, except as otherwise expressly provided by law,
Punishment of accessories.
R. S., sees. 5533-5535, p. 1072.
being an accessory after the fact to the commission of any offense defined in any law of the United States, shall be imprisoned not exceeding one-half the longest term of imprisonment, or fined not exceeding one-half the largest fine prescribed for the punishment of the principal, or both, if the principal is punishable by both fine and imprisonment; or if the principal is punishable by death, then an accessory shall be imprisoned not more than ten years.
Sec. 334.
Whoever, without lawful authority, receives or takes
Accessories to robbery or piracy.
R. S., secs. 5324, 5533, pp. 1035, 1072.
into custody any vessel, goods, or other property, feloniously taken by any robber or pirate against the laws of the United States, knowing the same to have been feloniously taken, and whoever, knowing that such pirate or robber has done or committed any such piracy or robbery, on the land or at sea, receives, entertains, or conceals any such pirate or robber, is an accessory after the fact to such robbery or piracy, and shall be imprisoned not more than ten years.
Sec. 335.
All offenses which may be punished by death, or imprisonment
Felonies and misdemeanors.
for a term exceeding one year, shall be deemed felonies. All other offenses shall be, deemed misdemeanors.
Sec. 336.
In all cases of murder or manslaughter, the crime shall
Place of committal of murder or mans-laughterdetermined.
be deemed to have been committed at the place where the injury was inflicted, or the poison administered, or other means employed which caused the death, without regard to the place where the death occurs.
Sec. 337.
Words used in this title in the present tense include the
Construction of designated words.
future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word “person” and the word “whoever” include a corporation as well as a natural person; writing includes printing and typewriting, and signature or subscription includes a mark when the person making the same intended it as such. The words “this title,” wherever they occur herein, shall be construed to mean this Act.
Sec. 338.
The omission of the words “hard labor” from the provisions
Effect of omitting “hard labor.”
prescribing the punishment in the various sections of this Act, shall not be construed as depriving the court of the power to impose hard labor as a part of the punishment, in any case where such power now exists.
Sec. 339.
The arrangement and classification of the several sections
Arrangement and classification of sections.
of this title have been made for the purpose of a more convenient and orderly arrangement of the same, and therefore no inference or presumption of a legislative construction is to be drawn by reason of the chapters under which any particular section is placed.
Sec. 340.
The crimes and offenses defined in this Title shall be
Jurisdiction of circuit and district courte.
R. S., secs. 563, 629, pp. 94, 110.
cognizable in the circuit and district courts of the United States, as prescribed in sections five hundred and sixty-three and six hundred and twenty-nine of the Revised Statutes.
Chapter Fifteen. repealing provisions.
Sec. 341.
The following sections of the Revised Statutes and Acts
Sections, acts, and parts of acte repealed.
and parts of Acts are hereby repealed:
Sections four hundred and twelve, fifteen hundred and fifty-three,
R. S., secs. 112, 1553, 1668.
sixteen hundred and sixty-eight; sections seventeen hundred and eighty to seventeen hundred and eighty-three, both inclusive; sections
R. S., secs. 1780-1783, 1785, 1787-1789.
seventeen hundred and eighty-five, seventeen hundred and eighty-seven, seventeen hundred and eighty-eight, seventeen hundred and eighty-nine, twenty-three hundred and seventy-three,
R. S., secs. 2373, 2412, 3583, 3708, 3739.
twenty-four hundred and twelve, thirty-five hundred and eighty- three, thirty-seven hundred and eight, thirty-seven hundred and thirty-nine, thirty-seven hundred and forty, thirty-seven hundred
R. S., secs. 3740, 3742, 3832, 3851, 3869.
and forty-two, thirty-eight hundred and thirty-two, thirty-eight hundred and fifty-one, thirty-eight hundred and sixty-nine, thirty-eight
R. S., secs. 3887, 3890-3891.
hundred and eighty-seven; sections thirty-eight hundred and ninety to thirty-eight hundred and ninety-four, both inclusive; section
R. S., secs. 3899, 3922-3925.
thirty-eight hundred and ninety-nine; sections thirty-nine hundred and twenty-two to thirty-nine hundred and twenty-five, both inclusive; sections thirty-nine hundred and forty-seven, thirty-nine
R. S., secs. 3947, 3951, 3977.
hundred and fifty-four, thirty-nine hundred and seventy-seven, thirty-nine hundred and seventy-nine; sections thirty-nine hundred
R. S., secs 3979, 3981-3986, 3988, 3992, 3995.
and eighty-one to thirty-nine hundred and eighty-six, both inclusive; sections thirty-nine hundred and eighty-eight, thirty-nine hundred and ninety-two, thirty-nine hundred and ninety-five, thirty-nine
R. S., secs. 3996, 4013, 4016, 4030, 4053, 5188.
hundred and ninety-six, four thousand and thirteen, four thousand and sixteen, four thousand and thirty, four thousand and fifty-three, fifty-one hundred and eighty-eight, fifty-one hundred and eighty- nine;
R. S., secs. 5189, 5281-5291, 5823-6395.
sections fifty-two hundred and eighty-one to fifty-two hundred and ninety-one, both inclusive; sections fifty-three hundred and twenty-three to fifty-three hundred and ninety-five, both inclusive; sections fifty-three hundred and ninety-eight to fifty-four hundred
R. S., secs. 5398-5410, 5413-5484, 5487-5510.
and ten, both inclusive; sections fifty-four hundred and thirteen to fifty-four hundred and eighty-four, both inclusive; sections fifty-four hundred and eighty-seven to fifty-five hundred and ten, both inclusive; sections fifty-five hundred and sixteen, fifty-five hundred and
R. S., sees. 5516, 5518, 5519, 5524-5535, 5551-5667.
eighteen, fifty-five hundred and nineteen; sections fifty-five hundred and twenty-four to fifty-five hundred and thirty-five, both inclusive; sections fifty-five hundred and fifty-one to fifty-five hundred and sixty-seven, both inclusive, of the Revised Statutes:
That part of section thirty-eight hundred and twenty-nine of the
R. S., sec. 3829, p. 750.
Revised Statutes which reads as follows: “And every person who, without authority from the Postmaster-General, sets up or professes to keep any office or place of business bearing the sign, name, or title of post-office, shall, for every such offense, be liable to a penalty of not more than five hundred dollars;”
That part of section thirty-eight hundred and sixty-seven of the
R. S., sec. 3867, p. 755.
Revised Statutes which reads as follows: “And any person not connected with the letter-carrier branch of the postal service who shall wear the uniform which may be prescribed shall, for every such offense, be punishable by a fine of not more than one hundred dollars, or by imprisonment for not more than six months, or both;”
That part of section four thousand and forty-six of the Revised
R. S., sec. 4046, p. 779.
Statutes which reads as follows: “Every postmaster, assistant, clerk, or other person employed in or connected with the business or operations of any money-order office who converts to his own use, in any way whatever, or loans, or deposits in any bank, except as authorized by this title, or exchanges for other funds, any portion of the public money-order funds, shall be deemed guilty of embezzlement; and any such person, as well as every other person advising or participating therein, shall, for every such offense, be, imprisoned for not less than six months nor more than ten years, and be fined in a sum equal to the amount embezzled; and any failure to pay over or produce any money-order funds intrusted to such person shall be. taken to be prima facie evidence of embezzlement; and upon the trial of any indictment against any person for such embezzlement, it shall be prima facie evidence of a balance against him to produce a transcript from the money-order account books of the Sixth Auditor. But nothing herein contained shall be construed to prohibit any postmaster depositing, under the direction of the Postmaster-General, in a national bank designated by the Secretary of the Treasury for that purpose, to his own credit as postmaster, any money order or other funds in his charge, nor prevent his negotiating drafts or other evidences of debt tnrougn such bank, or through United States disbursing officers, or otherwise, when instructed or required to do so by the Postmaster-General, for the purpose of remitting surplus money-order funds from one post-office to another, to be used in payment of money orders.”
“An Act to protect lines of telegraph constructed or used by the
Vol. 18, p. 250.
United States from malicious injury and obstruction,” approved June twenty-third, eighteen hundred and seventy-four;
“An Act to protect persons of foreign birth against forcible constraint
Vol. 18, p. 251.
or involuntary servitude,” approved June twenty-third, eighteen hundred and seventy-four;
That part of “An Act making appropriations for the service of the
Vol. 18, p. 235.
Post-Office Department for the fiscal year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes, ” approved June twenty-third, eighteen hundred and seventy-four, which reads as follows: “That any postmaster who shall affix his signature to the approval of any bond of a bidder or to the certificate of sufficiency of sureties in any contract before the said bond or contract is signed by the bidder or contractor and his sureties, or shall knowingly, or without the exercise of due diligence, approve any bond of a bidder with insufficient sureties, or shall knowingly make any false or fraudulent certificate, shall be forthwith dismissed from office and be thereafter disqualified from holding the office of postmaster, and shall also be deemed guilty of a misdemeanor, and on conviction thereof be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or both;”
Sections one, two, and three of “An Act to protect ornamental
Vol. 18, pp. 481, 482.
and other trees on Government reservations and on lands purchased by the United States, and for other purposes,” approved March third, eighteen hundred and seventy-five;
“All Act to punish certain larcenies and the receivers of stolen
Vol. 18, p. 479.
goods, ” approved March third, eighteen hundred and seventy-five;
“An Act to amend section fifty-four hundred and fifty-seven of the
Vol. 19, p. 223.
Revised Statutes of the United States, relating to counterfeiting,” approved January sixteenth, eighteen hundred and seventy-seven;
That part of section five of “An Act establishing post-roads, and
Vol. 19, p. 336.
for other purposes,” approved March third, eighteen hundred and seventy-seven, which reads as follows: “And if any person shall make use of any such official envelope to avoid the payment of postage on his private letter, package, or other matter in the mail, the person so offending shall be deemed guilty of a misdemeanor and subject to a fine of three hundred dollars, to be prosecuted in any court of competent jurisdiction;”
That part of section one of “An Act making appropriations for
Vol. 20, p. 141.
the service of the Post-Office Department for the year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes,” approved June seventeenth, eighteen hundred and seventyeight, which reads as follows: “And any postmaster who shall make a false return to the auditor, for the purpose of fraudently increasing his compensation under the provisions of this or any other Act, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in a sum not less than fifty nor more than five hundred dollars, or imprisoned for a term not exceeding one year, or punished by both such fine and imprisonment, in the discretion of the court: and no postmaster of any class, or other person connected with the postal service, intrusted with the sale or custody of postage stamps, stamped envelopes, or postal cards, shall use or dispose of them in the payment of debts or in the purchase of merchandise or other salable articles, or pledge or hypothecate the same, or sell or dispose of them except for cash, or sell or dispose of postage stamps or postal cards for any larger or less sum than the values indicated on their faces, or sell or dispose of stamped envelopes for a larger or less sum than is charged therefor by the Post-Office Department for like quantities, or sell or dispose of postage stamps, stamped envelopes, or postal cards otherwise than as provided by law and the regulations of the Post-Office Department; and any postmaster or other person connected with the postal service who shall violate any of these provisions shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not less than fifty nor more than five hundred dollars, or imprisoned for a term not exceeding one year;”
“An Act to amend section fifty-four hundred and ninety-seven of
Vol. 20, p. 280.
the Revised Statutes, relating to embezzlement by officers of the United States,” approved February third, eighteen ,hundred and seventy-nine;
That part of section one of “An Act making appropriations for the
Vol. 20, pp. 356, 359, 361, 362.
service of the Post-Office Department for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for other purposes,” approved March third, eighteen hundred and seventy-nine, which reads as follows: “That nothing contained in section thirty-nine hundred and eighty-two of the Revised Statutes shall be construed as prohibiting any person from receiving and delivering to the nearest post-office or postal car mail matter properly stamped.” Also sections thirteen, twenty-three, twenty-seven, and twenty-eight of said Act;
“An Act to amend section fifty-four hundred and forty of the Revised
Vol. 21, p. 4.
Statutes,” approved May seventeenth, eighteen hundred and seventy-nine;
Sections one, three, and four of “An Act to amend section fifty- three
Vol. 22, pp. 30, 81.
hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,” approved March twenty-second, eighteen hundred and eighty-two;
Sections eleven, twelve, thirteen, fourteen, and fifteen of “An Act
Vol. 22, pp. 406, 407.
to regulate, and improve the civil service of the United States,” approved January sixteenth, eighteen hundred and eighty-three;
“An Act making it a felony for a person to falsely and fraudulently
Vol. 23, p. 11.
assume or pretend to be an officer or employee acting under authority of the United States or any department or officer thereof, and prescribing a penalty therefor,” approved April eighteenth, eighteen hundred and eighty-four;
“An Act to prevent and punish the counterfeiting within the United
Vol. 23, p. 22.
States of notes, bonds, or other securities of foreign governments,” approved May sixteenth, eighteen hundred and eighty-four;
Section nine of “An Act making appropriations for the current and
Vol. 23, p. 385.
contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the year ending June thirtieth, eighteen hundred and eighty-six, and for other purposes,” approved March third, eighteen hundred and eighty-five;
Section two of “An Act to amend the Act entitled ‘An Act to modify
Vol. 24, p. 355.
the money-order system, and for other purposes,’ approved March third, eighteen hundred and eighty-three,” approved January third, eighteen hundred and eighty-seven;
Sections three, four, five, nine,‘and ten of “An Act to amend an
Vol. 24, pp. 635, 636.
Act entitled ‘An Act to amend section fifty-three hundred and fifty- two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,’ approved March twenty-second, eighteen hundred and eighty-two,” approved March third, eighteen hundred and eighty-seven;
Section two of “An Act relating to permissible marks, printing or
Vol. 25, p. 2.
writing, upon second, third, and fourth class matter, and to amend the twenty-second and twenty-third sections of an Act entitled ‘An Act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for other purposes,’ ” approved January twentieth, eighteen hundred and eighty-eight;
“An Act to amend section fifty-three hundred and eighty-eight of
Vol. 25, p. 166.
the Revised Statutes of the United States in relation to timber depredations,” approved June fourth, eighteen hundred and eighty-eight;
“An Act relating to postal crimes, and amendatory of the statutes
Vol. 25, p. 187,
therein mentioned, ” approved June eighteenth, eighteen hundred and eighty-eight;
“An Act amendatory of ‘An Act relating to postal crimes and
Vol. 25, p. 496.
amendatory of the statutes therein mentioned,’ approved June eighteenth, eighteen hundred and eighty-eight, and for other purposes,” approved September twenty-sixth, eighteen hundred and eighty-eight;
“An Act to punish, as a felony, the carnal and unlawful knowing of
Vol. 25, p. 658.
any female under the age of sixteen years,” approved February ninth, eighteen hundred and eighty-nine;
Sections one and two of “An Act to punish dealers and pretended
Vol. 25, p. 873.
dealers in counterfeit money and other fraudulent devices for using the United States mails,” approved March second, eighteen hundred and eighty-nine;
Section one of “An Act to amend certain sections of the Revised
Vol. 26, p. 465.
Statutes relating to lotteries, and for other purposes,” approved September nineteenth, eighteen hundred and ninety;
“An Act further to prevent counterfeiting or manufacture of dies,
Vol. 26, p. 742.
tools, or other implements used in counterfeiting, and providing penalties therefor, and providing for the issue of search warrants in certain cases,” approved February tenth, eighteen hundred and ninety-one;
“An Act to amend sections fifty-three hundred and sixty-five and
Vol. 28, p. 233.
fifty-three hundred and sixty-six of the Revised Statutes relating to barratry on the high seas,” approved August sixth, eighteen hundred and ninety-four;
Sections one and two of “An Act for the suppression of lottery
Vol. 28, p. 963.
traffic through national and interstate commerce and the postal service, subject to the jurisdiction and laws of the United States,” approved March second, eighteen hundred and ninety-five;
“An Act to prohibit prize fighting and pugilism and fights between
Vol. 29, p. 5.
men and animals, and to provide penalties therefor in the Territories and the District of Columbia, ” approved February seventh, eighteen hundred and ninety-six;
That part of “An Act making appropriations for the Department
Vol. 28, pp. 274, 737.
of Agriculture for the fiscal year ending June thirtieth, eighteen hundred and ninety-five,” approved August eighth, eighteen hundred and ninety-four, and that part of “An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, eighteen hundred and ninety-six,” approved March second, eighteen hundred and ninety-five, and that part of “An Act making
Vol. 29, p. 108.
appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven,” approved April twenty-fifth, eighteen hundred and ninety-six, which reads as follows: “Any person who shall knowingly issue or publish any weather forecasts or warnings of weather conditions falsely representing such forecasts or warnings to have been issued or published by the. Weather Bureau, United States Signal Service, or other branch of the government service, shall be deemed guilty of a misdemeanor, and, on conviction thereof, for each offense be fined in a sum not exceeding five hundred dollars, or imprisoned not to exceed ninety days, or be both fined and imprisoned, in the discretion of the court;”
That part of “An Act making appropriations for current and contingent
Vol. 29, p. 343.
expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, and for other purposes,” approved June tenth, eighteen hundred and ninety-six, which reads as follows: “ Provided further, That hereafter it shall be unlawfid for any person to destroy, deface, change, or remove to another place and section corner, quarter-section corner, or meander post on any Government line or survey, or to cut down any witness tree or any tree blazed to mark the line of a Government survey, or to deface, change, or remove any monument or bench mark of any Government survey. That any person who shall offend against any of the provisions of this paragraph shall be deemed guilty of a misdemeanor, and, upon conviction thereof in any court, shall be fined not exceeding two hundred and fifty dollars or be imprisoned not more than one hundred days. All the fines accruing under this paragraph,shall be paid into the Treasury, and the informer in each case of conviction shall be paid the sum of twenty-five dollars;”
“An Act to reduce the cases in which the penalty of death may be
Vol. 29, p. 487.
inflicted,” approved January fifteenth, eighteen hundred and ninetyseven;
“An Act to prevent the carrying of obscene literature and articles
Vol. 29, p. 512.
designed for indecent and immoral use from one State or Territory into another State or Territory,” approved February eighth, eighteen hundred and ninety-seven;
“An Act to prevent forest fires on the public domain,” approved
Vol. 29. p. 594.
February twenty-fourth, eighteen hundred and ninety-seven;
“An Act to prevent the purchasing of or speculating in claims
Vol. 29. p. 595.
against the Federal Government by United States officers, approved February twenty-fifth, eighteen hundred and ninety-seven;
“An Act to amend section fifty-four hundred and fifty-nine of the
Vol. 29, p. 625.
Revised Statutes, prescribing the punishment for mutilating United States coins, and for uttering or passing or attempting to utter or pass such mutilated coins,” approved March third, eighteen hundred and ninety-seven;
Section eighteen of “An Act to amend the laws relating to navigation,”
Vol. 29, p. 691.
approved March third, eighteen hundred and ninety-seven;
That part of section one of “An Act making appropriations for the
Vol. 30, p. 442.
service of the Post-Office Department for the fiscal year ending June thirteenth, eighteen hundred and ninety-nine,” approved June thirteenth, eighteen hundred and ninety-eight, which reads as follows: “Provided, That any person or persons who shall place or cause to be placed any matter in the mails during the regular weighing period, for the purpose of increasing the weight of the mails with intent to cause an increase in the compensation of the railroad mail carrier over whose route such mail matter may pass, shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined not less than five hundred dollars nor more than twenty thousand dollars, and shall be imprisoned at hard labor not less than thirty days nor more than five years;”
Section seventeen of ‘ ‘ An Act to provide revenue for the Government,
Vol. 30, p. 209.
and to encourage the industries of the United States,” approved July twenty-fourth, eighteen hundred and ninety-seven;
Section three of an Act entitled “An Act making appropriations
Vol. 32, p. 1175.
for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes,” approved March third, nineteen hundred and three;
“An Act to protect the harbor defenses and fortifications constructed
Vol. 30, p. 717.
or used by the United States from malicious injury, and for other purposes,” approved July seventh, eighteen hundred and ninety-eight;
“An Act to amend an Act entitled ‘An Act to prevent forest fires
Vol. 31, p. 169.
on the public domain,’ approved February twenty-fourth, eighteen hundred and ninety-seven,” approved May fifth, nineteen hundred;
Sections two, three, and four of “An Act to enlarge the powers of
Vol. 31, p. 188.
the Department of Agriculture, prohibit the transportation by interstate commerce of game killed in violation of local laws, and for other purposes,” approved May twenty-fifth, nineteen hundred;
“An Act to prevent the sale of firearms, opium, and intoxicating
Vol. 32, p. 83.
liquors in certain islands of the Pacific.” approved February fourteenth, nineteen hundred and two;
“An Act for the suppression of train robbery in the Territories of
Vol. 82, p. 727.
the United States and elsewhere, and for other purposes,” approved July fust, nineteen hundred ami two;
“An Act conferring jurisdiction upon the circuit and district courts
Vol. 32, p. 793.
for the district of South Dakota in certain cases, and for other purposes,” approved February second, nineteen hundred and three;
“An Act to amend section three of the ‘Act further to prevent
Vol. 32, p. 1223.
counterfeiting or manufacturing of dies, tools, or other implements used in manufacturing,’ and so forth, approved February tenth, eighteen hundred and ninety-one,” approved March third, nineteen hundred and three;
“An Act for the protection of the Bull Run Forest Reserve and the
Vol. 33, p. 526.
sources of the water supply of the city of Portland, State of Oregon,” approved April twenty-eighth, nineteen hundred and four;
“An Act to amend the Act of February eighth, eighteen hundred
Vol. 33, p. 705.
and ninety-seven, entitled ‘An Act to prevent the carrying of obscene literature and articles designed for indecent and immoral use from one State or Territory into another State or Territory,’ so as to prevent the importation and exportation of the same,” approved February eighth, nineteen hundred and five;
“An Act to amend section thirteen of chanter three hundred and
Vol. 33, p. 823.
ninety-four of the Supplement to the Revised Statutes of the United States,” approved March second, nineteen hundred and five;
Section five of “An Act to amend sections forty-four hundred and
Vol. 33, p. 1025.
seventeen, forty-four hundred and fifty-three, forty-four hundred and eighty-eight, and forty-four hundred and ninety-nine of the Revised Statutes relating to misconduct by officers or owners of vessels,” approved March third, nineteen hundred and five;
“An Act to punish the cutting, chipping, or boxing of trees on the
Vol. 34, p. 208.
public lands,” approved June, fourth, nineteen hundred and six.
Sections sixteen, seventeen, and nineteen of “An Act to establish
Vol. 34, p. 602.
a bureau of immigration and naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States,” approved June twenty-ninth, nineteen hundred and six.
An Act entitled “An Act to prohibit corporations from making
Vol. 34, p. 864.
money contributions in connection with political elections,” approved January twenty-sixth, nineteen hundred and seven.
An Act entitled “An Act to amend sections one, two, and three of
Vol. 34, p. 1233.
an Act entitled ‘An Act to prohibit shanghaiing in the United States,’ approved June twenty-eighth, nineteen hundred and six,” approved March second, nineteen hundred and seven.
An Act entitled “An Act to promote the safe transportation in
Ante, p. 554.
interstate commerce of explosives and other dangerous articles, and to provide penalties for its violation,” approved May thirtieth, nineteen hundred and eight.
An Act entitled An “Act to amend section fifty-four hundred and
Ante, p. 555.
thirty-eight of the Revised Statutes,” approved May thirtieth, nineteen hundred and eight.
Also all other sections and parts of sections of the Revised Statutes
General repeal.
and Acts and parts of Acts of Congress, in so far as they are embraced within and superseded by this Act, are hereby repealed; the remaining portions thereof to be and remain in force with the same effect and to the same extent as if this Act had not been passed.
Sec. 342.
The repeal of existing laws or modifications thereof
Pending actions, etc., not affected.
embraced in this title shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause prior to said repeal or modifications, but all liabilities under said laws shall continue and may be enforced in the same manner as if said repeal or modifications had not been made.
Sec. 343.
All offenses committed, and all penalties, forfeitures, or
Prosecutions, etc., prior to taking effect of this law.
liabilities incurred prior to the taking effect hereof, under any law embraced in, or changed, modified, or repealed by tins title, may be prosecuted and punished in the same manner and with the same effect as if this Act had not been passed.
Sec. 344.
All acts of limitation, whether applicable to civil causes
Limitations.
and proceedings, or for the recovery of penalties or forfeitures, embraced in, modified, changed, or repealed by this title, shall not be affected thereby; and all suits or proceedings for causes arising or
Prosecution, etc.
acts done or committed prior to the taking effect hereof may be commenced and prosecuted within the same time and with the same effect as if said repeal had not been made.
Sec. 345.
This Act shall take effect and be in force on and after
In effect January 1 1910.
the first day of January, nineteen hundred and ten.
Approved, March 4, 1909.