Embezzling

States, or any department or officer thereof, by obtaining or aiding to obtain the payment or allowance of any false or fraudulent claim, or who, having charge, possession, custody, or control of any money or other public property used or to be used in the military or naval service, who, with intent to defraud the United States or willfully to conceal such money or other property, delivers or causes 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, and every person 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, who makes or delivers 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, and every person who knowingly purchases or receives 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 armis, equipments, ammunition, clothes, military stores, or other public property, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same, every person so offending in any of the matters set forth in this section shall be imprisoned at hard labor for not less than one nor more than five years, or fined not less than one thousand nor more than five thousand dollars. [See §§ 3490, 3491, under CLAIMS.]

SEC. 5439. Every person who steals or embezzles, or knowingly applies arms, stores, &c. to his own use, or who unlawfully sells, conveys, or disposes 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.

All parties to a SEC. 5440. If two or more persons conspire either to commit any conspiracy offense against the United States, or to defraud the United States in any equally guilty. manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not less than one thousand dollars and not more than ten thousand dollars, and to imprisonment not more than two years.

Delaying or de- SEC. 5441. Every person who willfully does any act or aids or advises frauding captor in the doing of any act relating to the bringing in, custody, preservaor claimant, &c., tion, sale, or other disposition of any property captured as prize, or of prize-property. 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 property, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment not more than five years, or both. [See §§ 4613-4652, PRIZE.]

Robbery or lar

property of the United States.

SEC. 5456. Every person who robs another of any kind or description ceny of personal of personal property belonging to the United States, or feloniously takes and carries away the same, shall be punished by a fine of not more than five thousand dollars, or by imprisonment at hard labor not less than one nor more than ten years, or by both such fine and imprisonment.

Counterfeitin g bid, bond, &c.

SEC. 5479. If any person shall falsely make, alter, forge, or counterfeit, 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, 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, any such false, forged, altered, or counterfeited bond, bid, proposal, guarantee, security, official bond, public record, affidavit, or other writing, for the purpose of defrauding the United States, knowing the same to be false, forged, altered, or counterfeited; or shall transmit to, or present. at, or cause to 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, 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 punishable by a fine of not more than one thousand dollars, or by imprisonment at hard labor for not more than ten years, or by both such punishments. [See § 5418.]

An act to punish certain larcenies, and the receivers of stolen goods.

Be it enacted by the Senate and House of Representatives of the United March 3, 1875. States of America in Congress assembled, That any person who shall emEmbezzling, bezzle, steal, or purloin any money, property, record, voucher, or valua- stealing, &c., ble thing whatever, of the moneys, goods, chattels, records, or property from United of the United States, shall be deemed guilty of felony, and on conviction States deemed thereof before the district or circuit court of the United States in the felony; penalty. district wherein said offense may have been committed, or into which he shall carry or have in possession of said property so embezzled, stolen, or purloined, shall be punished therefor by imprisonment at hard labor in the penitentiary not exceeding five years, or by a fine not exceeding five thousand dollars, or both, at the discretion of the court before which he shall be convicted.

SEC. 2. That if any person shall receive, conceal, or aid in concealing, Knowingly reor have, or retain in his possession with intent to convert to his own ceiving, concealuse or gain, any money, property, record, voucher, or valuable thing ing, &c., stolen, &c., property of whatever, of the moneys, goods, chattels, records, or property of the the United United States, which has theretofore been embezzled, stolen, or purloined States; penalty. from the United States by any other person, knowing the same to have been so embezzled, stolen, or purloined, such person shall, on conviction before the circuit or district court of the United States in the district wherein he may have such property, be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion of the court before which he shall be convicted; and such receiver may be tried May be tried either before or after the conviction of the principal felon, but if the before or after party has been convicted, then the judgment against him shall be conclusive evidence in the prosecution against such receiver that the property of the United States therein described has been embezzled, stolen, or purloined.

Approved, March 3, 1875.

conviction of principal.

Title 27.

Certain acts

SEC. 2032. All laws and parts of laws pertaining to the collection and payment of bounty, prize-money, and other legitimate claims of colored soldiers, sailors, and marines, or their heirs, shall remain in force until continued in otherwise ordered by Congress.

force.

Such laws to be

SEC. 2033. The Secretary of War is authorized to carry into effect all laws and parts of laws referred to in the preceding section, and to this enforced by Secend he may employ such clerical force as he deems necessary. retary of War.

SEC. 2034. Where accounts have been rendered for necessary expend- Accounts for itures incurred for refugees or freedmen, under the sanction of the expenditures, proper officers, but which cannot be settled for want of specific appro- from what fund, &c., to be paid priations, the same may be paid out of the fund for the relief of refugees and how. and freedmen, on the approval of the Secretary War.

tained bounty

SEC. 2035. The Secretary of War is constituted the lawful custodian_Secretary of of a retained bounty fund, which has been derived from a portion of War appointed the State bounties of certain colored soldiers enlisted in Virginia and trustee of a reNorth Carolina, during the years 1864 and 1865, and which, by virtue fund, &c. of General Orders No. 90, Department of Virginia and North Carolina, was held by the Superintendent of Freedmen's Affairs, but was turned over to the Bureau upon its organization; and the Secretary of War shall hold the fund as trustee for the benefit of such colored soldiers or their legal representatives, to whom the same shall be paid upon their application or discovery.

May invest the and for what purpose.

SEC. 2036. The Secretary of War is empowered to invest the fund, or any portion thereof, in bonds of the United States, for the exclusive fund, benefit of such colored soldiers or their legal representatives; but a sufficient amount of the same in cash may be retained uninvested to meet all lawful claims thereupon that will probably be presented for payment.

children of colored soldiers.

Who to be SEC. 2037. In determining who is the wife or child of any colored deemed wife and soldier, within the meaning of this Title, evidence that the soldier and the woman claimed to be his wife cohabited or associated as husband and wife, and so continued to cohabit or associate at the time of enlistment, or evidence that a form of marriage, whether such marriage was authorized or recognized by law or not, was entered into by them, and that the parties thereafter lived together as husband and wife, and so continued to live together at the time of the enlistment, shall be deemed sufficient proof of marriage; and the children born of any such marriage shall be taken to be the children embraced within the provisions of this Title, whether such marriage was or was not dissolved at the time of the enlistment.

Freedmen's

Hospital in District of Columbia continued, &c.

June 23, 1874.

rection of Secre

SEC. 2038. The Freedmen's Hospital and Asylum in the District of Columbia is, until otherwise ordered by Congress, continued under the control and supervision of the Secretary of War, who shall make all estimates, pass all accounts, and be responsible to the Treasury for all expenditures; but no part of any appropriation shall be used in support of, or to pay the expenses on account of, any person hereafter to be admitted to such Hospital and Asylum, unless persons removed thither from some other Government hospital.

[From Sundry Civil Appropriation Act.]

Provided, That after June thirtieth, eighteen hundred and seventy-four, the Freedmen's Hospital in the District of Columbia shall, until otherTo be under di- wise ordered by Congress, be continued under the direction of the Sectary of Interior. retary of the Interior, who shall make all estimates and pass all accounts, Estimates and and shall be accountable to the Treasury of the United States for all expenditures; and all property, including hospital and quartermaster's Transfer of stores, belonging to said hospital, and now in charge of the War Deproperty. partment, be also transferred to the Interior Department. Approved, June 23, 1874.

accounts.

Sec.

FUEL FOR THE PUBLIC SERVICE.

3711. Inspection of fuel in District of Columbia; appointment of inspectors, &c.

Title 43.

Sec.

3712. Appointment of inspectors, &c., to be notified to accounting officers.

3713. No payment without certificates.

SEC. 3711. It shall not be lawful for any officer or person in the civil, Inspection of military, or naval service of the United States in the District of Columfuel in District of bia to purchase anthracite or bituminous coal or wood for the public Columbia.

service except on condition that the same shall, before delivery, be inspected and weighed or measured by some competent person to be appointed by the head of the Department or chief of the branch of the Appointment of service for which the purchase is made. The person so appointed shall, inspectors, &c. before entering upon the duty of inspector, weigher, and measurer, and to the satisfaction of the appointing officer, give bond, with not less than two sureties, in the penal sum of five thousand dollars, and with condition that each ton of coal weighed by him shall consist of two thousand two hundred and forty pounds, and that each cord of wood to be so measured shall be of the standard measure of one hundred and twenty-eight cubic feet. The inspector, weigher, and measurer so appointed shall be entitled to receive from the venders of fuel weighed and measured by him twenty cents for each ton of coal weighed, and nine cents for each cord of wood measured by him. Each load or parcel of wood or coal weighed or measured by him shall be accompanied by his certificate of the number of tons or pounds of coal and the number of cords or parts of cords of wood in each load or parcel.

SEC. 3712. The proper accounting officer of the Treasury shall be furnished with a copy of the appointment of each inspector, weigher, and measurer appointed under the preceding section.

SEC. 3713. It shall not be lawful for any accounting officer to pass or allow to the credit of any disbursing officer in the District of Columbia any money paid by him for purchase of anthracite or bituminous coal or for wood, unless the voucher therefor is accompanied by a certificate of the proper inspector, weigher, and measurer that the quantity paid for has been determined by such officer.

SEC. 1442. The Secretary of the Navy shall have authority to place on Title 15, Chap. 2. furlough any officer on the active list of the Navy.

Placing on furlough.

SEC. 1557. Officers on furlough shall receive only one-half of the pay Title 15, Chap. 8. to which they would have been entitled if on leave of absence.

SEC. 1593. Officers placed on the retired list, on furlough pay, shall receive only one-half of the pay to which they would have been entitled if on leave of absence on the active list.

Furlough-pay. Officers retired on furlough-pay.

Transfer from furlough to re

SEC. 1594. The President, by and with the advice and consent of the Senate, may transfer any officer on the retired list from the furlough to tired pay. the retired-pay list.

SEC. 5570. Whenever any citizen of the United States discovers a

Title 72.

deposit of guano on any island, rock, or key, not within the lawful juris- Claim of United diction of any other government, and not occupied by the citizens of any States to islands. other government, and takes peaceable possession thereof, and occupies

the same, such island, rock, or key may, at the discretion of the President, be considered as appertaining to the United States.

covery,

and

SEC. 5571. The discoverer shall, as soon as practicable, give notice, Notice of dis verified by affidavit, to the Department of State, of such discovery, OC- proofs to be furcupation, and possession, describing the island, rock, or key, and the lat- nished. itude and longitude thereof, as near as may be, and showing that such possession was taken in the name of the United States; and shall furnish satisfactory evidence to the State Department that such island, rock, or key was not, at the time of the discovery thereof, or of the taking possession and occupation thereof by the claimants, in the possession or occupation of any other government or of the citizens of any other government, before the same shall be considered as appertaining to the United States.

erer.

Exclusive priv.

SEC. 5572. If the discoverer dies before perfecting proof of discovery Completion of or fully complying with the provisions of the preceding section, his proof in case of widow, heir, executor, or administrator, shall be entitled to the benefits death of discov of such discovery, upon complying with the provisions of this Title; but nothing herein shall be held to impair any rights of discovery or any assignment by a discoverer heretofore recognized by the United States. SEC. 5573. The discoverer, or his assigns, being citizens of the United States, may be allowed, at the pleasure of Congress, the exclusive right ileges of discovof occupying such island, rocks, or keys, for the purpose of obtaining guano, and of selling and delivering the same to citizens of the United States, to be used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship's tackle, a sum not exceeding eight dollars per ton for the best quality, or four dollars for every ton taken while in its native place of deposit.

erer.

SEC. 5574. No guano shall be taken from any such island, rock, or key, Restrictions except for the use of the citizens of the United States, or of persons res- upon exportation. ident therein. The discoverer, or his widow, heir, executor, administrator, or assigns, shall enter into bond, in such penalty and with such sureties as may be required by the President, to deliver the guano to citizens of the United States, for the purpose of being used therein, and to none others, and at the price prescribed, and to provide all necessary

Regulation of guano trade.

Criminal jurisdiction.

facilities for that purpose within a time to be fixed in the bond; and any breach of the provisions thereof shall be deemed a forfeiture of all rights accruing under and by virtue of this Title. This section shall, however, be suspended in relation to all persons who have complied with the provisions of this Title, for five years from and after the fourteenth day of July, eighteen hundred and seventy-two.

SEC. 5575. The introduction of guano from such islands, rocks, or keys, shall be regulated as in the coasting-trade between different parts of the United States, and the same laws shall govern the vessels concerned therein.

SEC. 5576. All acts done, and offenses or crimes committed, on any such island, rock, or key, by persons who may land thereon, or in the waters adjacent thereto, shall be deemed committed on the high seas, on board a merchant-ship or vessel belonging to the United States; and shall be punished according to the laws of the United States relating to such ships or vessels and offenses on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys. Employment of SEC. 5577. The President is authorized, at his discretion, to employ the land and naval land and naval forces of the United States to protect the rights of the discoverer or of his widow, heir, executor, administrator, or assigns. SEC. 5578. Nothing in this Title contained shall be construed as obliging the United States to retain possession of the islands, rocks, or keys, after the guano shall have been removed from the same.

forces.

Right to abandon islands.

Sec.

GUNNERS.

See WARRANT OFFICERS.

GUNPOWDER, SALTPETER, &c.

2962. Deposit in public warehouse.

2975. Sale of, deposited in bonded warehouse.
3026. Drawback on foreign saltpeter.
3721. Purchase without advertisement.

tion of owner.

Sec.

4288. Shipping-vessels.
4422. License to carry.

4424. Carrying contrary to law.
4475. Mode of packing.

Title 34, Chap. 7. SEC. 2962. Any merchandise subject to duty, with the exception of perishable articles, also gunpowder, and other explosive substances, Deposit of mer- except fire-crackers, which shall have been duly entered and bonded for chandise at op warehousing, in conformity with existing laws, may be deposited, at the option of the owner, importer, consignee, or agent, at his expense and risk, in any public warehouse owned or leased by the United States, or in the private warehouse of the importer, the same being used exclusively for the storage of warehoused merchandise of his own importation or to his consignment, or in a private warehouse used by the owner, occupant, or lessee, as a general warehouse for the storage of warehoused merchandise; such place of storage to be designated on the warehouse-entry at the ti ne of entering such merchandise at the

custom-house.

SEC. 2975. All merchandise of a perishable nature, and all gunpowder Sale of perish and explosive substances, except fire-crackers, deposited in any public or private bonded warehouse, shall be sold forthwith.

able articles.

Title 34, Chap. 9.

SEC. 3026. There shall be a drawback on foreigu saltpeter, manufactured into gunpowder in the United States and exported therefrom, Drawback on equal in amount to the duty paid on the foreign saltpeter from which gunpowder. it shall be manufactured, to be ascertained under such regulations as shall be prescribed by the Secretary of the Treasury, and no more. The word "saltpeter" as used in this section shall be construed to mean the element of niter, so used, whether it be the nitrate of potash or the nitrate of soda. Ten per centum on the amount of drawbacks so.allowed shall, however, be retained for the use of the United States by the collectors paying such drawbacks respectively.

Title 43. SEC. 3721. The provisions which require that supplies shall be purPurchases chased by the Secretary of the Navy from the lowest bidder, after adwithout adver- vertisement, shall not apply to ordnance, gunpowder, or medicines, or tisements. the supplies which it may be necessary to purchase out of the United States for vessels on foreign stations. [See § 3721, CONTRACTS.]

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