Page:United States Statutes at Large Volume 44 Part 1.djvu/486

 § 171 E TITLE 18.·—·<iRIMINAL CODE , Soc. · w 296. Contracts not o¤'o<:tc<1. 207. 0&clal accepting bribe. 2%8. Political contributloos; solicitation. 209. Some; not to be received in public omcos. 210. Some; immunity from `otllclal proscrlption. 211. Same; making to officials. 212. &mo; ponlsbment. 213. Same; removal from omce. 214. Omcials giving advance information ot crop reports. 215. OEclal knowingly lasulng false cmp reports. 23.6. Dlsclosiog operations_ oi manufacturers and income tax returns. Section 171. (Criminal Code, scctidp 85.) Ext0rtion.—-— Evuy officer, clérkgagent, or employee ol? the United States, and every persoxl reprosaéntlug himself t0·be or assuming to act as ,such oillcor, clerk, agent, or employee, Wh0,·I1I1d€1‘ color of His omce, clerkship, agency, or employment, or under color of his pretended or assumed omce, clerkship, agency, or employ- 'moot, is guilty of extortion, and every person who shall attempt any act which lt performed would} makow him guilty of extortion, shall be lined not more than $500 or imprisoned not more thao one year, or b0;h.- (R. S. 5 5481; June 28, 1906, c. 3574, 34 Stat. 546; Mar. 4, 1909, c. 321, §·85, 85 Stat. 1104.) ‘ 172. (Criminal Code, section 86:) ¤Requiring receipts for larger sums than are paid.-——Whoever, being `am oilléér, clerk, agent, employee, or other person charged with the payment of any _ appropriation made by Congress, shall pay tolmy cleyk or 0the1·_ employee dof tha United Statx a sum less than that provided by low, and require such employee to receipt or give a voucher for on amount greater than that actually paid to and received by him, is guilty of €1I}b€ZZl€!Il€Ilt,r81ld slmllbe flood in double the amount so withheld from any employee of the Government oixd imprisoned not more than two ymrs. (B. S. 5. 5483; Mar. 4, 1909, c. 321, § 86{ 35 Stat. 1105.) · “’ 173.- (Criminal Code, ¤ecti¢m»~87.) Disburslng omccrs um lawfully using ·p¤blic money.--Whoever, being a dlsburslng —o&cr of tho United States, or a persoxg acting as such, shall in any ximmfw convert to his own! usc, or loan with or without; interest, or deposit in any place or in any manner, except as authorlicd by law, any public money intrustod td him; or. shall, · for ony purpose not proscribed by law, wltlldmw from the Treasurer or any   tam: §'&HI"€1’, or any `outhorisod doposltory, of transfer, or apply, my portloé of the public money lntrustod to him, shall be deemed guilty of an embezzlement _ ot tho Mmooey so converted, loaned, deposited, juvithdrawn, tmnsterrod, or spoiled, and shall be mod? not more than tho amount ombezzled, or imprisoned .119tl mom than ton q years, 01** both: (IL, S. I .5488; Mar. 4, 19®, c. 821;, S 87, 35 Stat. *11%.) 174, (Criminal Code, sectloa,88.)   of depmitules to pnfely keep public deposits.--1:   Tmmnxrw ot the United Smtor oi·_•,oy   do  »  or any pgblio depositary, hills safely to "koop all money; depcsltod by any dlsbursing ofdcor ox -dlsbm·ol¤g agent, as yroll as all moneys deposited by my rocolyor, colloctor, or other person   money of tho y United States, ho shall be dmmedl   at ombozslomont do the moneys ootoo mtély kept, and shall bb umd lu n.  Equal go tho amount ot money so   and imprisoned not mom than ten your;. (R. S. { Mw; Mar. 2, 1969,lo. 821,5 88, 1 85 Stat. 110é)  · ~   , 1 175. (Criminal Ccée, section 89.) Unkwéul use of p¤blic* nogoys by custcdim.-—··EYcry omcer or other person charzed 1 by any Act ot Congress grltl; the satokooplng of the public moooyo, who shall loan, uso, oi·  to     UIQ or shall doposlt l.¤_1my_b:mk or. oxclmogo for other itonds, except as specially allowed by low, any pordoix _,of tho public" mlmoyod intruoted to him for mtwkooplng, shall be guilty of owgzzlo? moot  the money so lmnod, ugod, convomm, doéodtéd, ‘or —oxch, and shall be dazed in, n sum equal to tho ammint ~of money so exuhozzlod and imprisoned not more than ton years. (B,. Syd 6490:—Mar. 4, 1909, c. 321, 5 @, 35 Stat. 1105.) —

uw CRIMINAL pnown mw 4?2 176. (Criminal Code, section 90.) Failure to render M. counts.-—Every omcer or agent of the United Stntu who, having received public qmney which he is not authorized to retain ug salary, pay, or emolumeut, fails to 1’®d€r his uccomts for tim same as provided · by law shall be- deemed guilty ct embezzlu ment,_ and shall be Hned in a sum equal to the anigrant or thm money embezzled and imprisoned not more than ten years. (B. S. § 5491; Mar. 4, 1909, c. 321, 5 90, 35 Stat. 1165.) `177. (Criminal Ccédc, sectiun 91.) Failure to deposit as 4required.—Wh0ew·er, having money ct the United States in mx; possession or unde1·`his contm1, bball tdil to deposit it with thu Treasurér, or some assistant treasurer, o1·`s0me public depositary of the United States, when required so to du by the Su} mtary of t.he·Treasury, or thé head of may other proper department, b; by the accounting omcers ot the Treasury, shall by ·dec·med guilty of embezzlement theréot; and shari be mm! in zz sum equal to the amount 01 moneycmbezzléd and impriscmeié not more than ten years. (R. S. § 5492: Mar. 4, 1969, c. 32;%, § 91, 35 Stat. 1105.) _ # W · 178. (Criminal Code, scétién 92.) Persons •Eected.-——·T1;¤ provisions of Sectipné 173 to 177 ot this title shall be construed tu apply to all persons cha_rged with the mfekeeping, transfer. or disbursement of the public money, whether auch persons be indicted, as receivers or depcsitaries qt the' same. (R. S. g 5493; Mar. 4, 1909, c. 321, { 92, 35 Stat. 1165.) 179. (Criminal Code, section 93.) Reccrd evidence of embezzlemént.—Up0n the trial of any indictment agamst any person for embezzliug public money under anypxjoviémi of sew tions 173 to 178 of this title, it shall be sufficient evidmce, prima fascia,. for the purpose of showing na balance Against such per- $011, to produce a txrgnscript from the books and proceedings at the Treasury, `as required in civil cases, under the provisions ” for thé settlemcent of accounts between the United Statw and réccivexs of public money. (R. 8. § 5494; Ihr. gi, 1909, c. 321, 5 93, 35 Stat. 110:5.). ’ . ‘ · W 180. (Criminal Code, section 9L) ‘ Priaa facie evwnce of embezzleme¤t.~T¤a refusal at any §erso¤, whether in or out ct omce, charged with me afekeegng, tiinmr, or disbursement of the public money to pay any draft, order, or warrant; drawn upon him bi the proper gcccunting &&cei· of the__’I‘x·easury; for any public money in xmrnmag belphging ti; the United— 8tat.w§ up ma_ttm· in what; wpndty the mma may have been received, or may behpsid, pr tdtmmfer cr disburse any such money, promptly, upon tha Ima.} · mqwmmt at any annthorimd 0&¢Q1‘, shall bc deemed, upon tm  ot my in— dictmant against: such person ia; embmleémt,  ficio `· evidence ot mc}; cmbuzlement, (R. S. § 5495;  4, ww, c. 321, { 94, 35 Stat? 110Q.) · i · · · — “ Y 181. (Crininal Cade, sectipn 95.) Evidemé of c0¤vjerdm—·-— It any umcer charged with` the éllsbmment at the public moneys gccepts, reqaivas, nr tmnmtts t0_ the Timsury Dv L parpment tb be allowed ui his favor any receipt or vcscmr from 1  of the Unitacd States withaut jmvugg {nid to puch crwimr in tsqch funds as the cmpcr received tw disbursement. or ih guch timdq as hé daybc attherlm by law to take in · exchange, fthe mil amount s@¤ed in meh mmm or vp»ucher,‘ avery such act is an {ct nig conversion bxfgmch @c·¤r to his own  of the momt spmmeg in suchiieceipt .m· vmcher. (B., B. I 5£98;·M•:. 4, 1909, c. 821, I W, 5 Stat. 1106.) 18& (Cdmhal    $60 Banker   umu-  dspadt d   m••sy.———·Every bunker, broker, 01** cmu   not an numortmd  depq¤uu·y ot pubitc . moneys, whb Qaha;11 nmvingly www troggxxy disburslnj omcer, or collmqr of t¤ta&nd   or gather agent; at the Unix States, `any public mcmcy `cp "d@tt, crby why- 01 loan or Q mmodna tion; with ds without inbarut, 01* »0t!m·wlsc than in payment at a- dabt ngu1mt~t¤ho Uniwd Sums, or shall use, transfer";  can-  swiéprinbe, mr apply my putién ot the public money for