one or more of said parties to said conspiracy shall do any act to effect the object 2 March 1867. thereof, the parties to said conspiracy shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be liable to a penalty of not less than one thousand dollars and not more than ten thousand dollars, and to imprisonment not exceeding two years. And when any offence shall be begun in one judicial district of the United States and completed in another, every such offence shall be deemed to have been committed in either of the said districts, and may be dealt with, inquired of, tried, determined and punished in either of the said districts, in the same manner as if it had been actually and wholly committed therein.

14 Stat. 557.

Robbery and lar property.

ceny of public

15 Stat. 195.

Forgery of postal money

29. If any person shall rob another of any kind or description of personal property 2 March 1867 2 1. belonging to the United States, or shall feloniously take and carry away the same, the person so offending shall, on conviction, be punished by fine not exceeding five thousand dollars, or by imprisonment at hard labor, not less than one, nor more than ten years, or by both, at the discretion of the court. 30. If any person shall falsely forge or counterfeit, or willingly aid, assist or abet 27 July 1868 3 5. in falsely forging or counterfeiting, or shall procure, directly or indirectly, to be falsely forged or counterfeited, any postal money order, or any material signature or endorsement to any postal money order issued by the post office department, or any orders. of its agents, for the purpose and with the intent of obtaining or receiving, directly or indirectly, or of procuring or enabling others to obtain or receive, directly or indirectly, any sum or sums of money, and thereby to defraud either the United States or any person of such sum or sums of money, or any part thereof; or shall pass, utter or publish or attempt to pass, utter or publish as true, any such forged or counterfeited postal money order, with intent to defraud either the United States or any person of any sum or sums of money, knowing such postal money order, or any signature or endorsement thereon, to be so falsely forged or counterfeited; every such person shall be deemed guilty of felony, and being thereof duly convicted shall be sentenced to be imprisoned and kept at hard labor for a period of not less than two years nor more than five years, and to be fined in a sum not exceeding five thousand dollars. (a)

IV. OFFENCES UPON THE HIGH SEAS, ETC.

12 Stat. 3.

male passengers.

31. Every master or other officer, seaman or other person employed on board of any 24 Mar. 1860 2 1. ship or vessel of the United States, who shall, during the voyage of such ship or vessel, under promise of marriage, or by threats, or by the exercise of his authority, or Seduction of fe by solicitation, or the making of gifts or presents, seduce and have illicit connection with any female passenger, shall be guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment for a term not exceeding twelve months, or by a Subsequent marfine not exceeding one thousand dollars: Provided, That the subsequent intermarriage riege to bar inof the parties seducing and seduced may be pleaded in bar of a conviction.

dictment.

emigrants.

32. Neither the officers, seamen or other persons employed on board of any ship or Ibid. 2. vessel bringing emigrant passengers to the United States, or any of them, shall visit No person to visit or frequent any part of such ship or vessel assigned to emigrant passengers, except by places assigned to the direction or permission of the master or commander of such ship or vessel first made or given for such purpose; and every officer, seaman or other person employed Penalty. on board of such ship or vessel, who shall violate the provisions of this section, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall forfeit to the said ship or vessel his wages for the voyage of the said ship or vessel during which the said offence has been committed. Any master or commander who shall direct or permit Punishment of any officer or seaman or other person employed on board of such ship or vessel, to mitting such visit or frequent any part of said ship or vessel assigned to emigrant passengers, except visits. for the purpose of doing or performing some necessary act or duty as an officer, seaman or person employed on board of said ship or vessel, shall be deemed guilty of a misdemean r, and shall, on conviction thereof, be punished by a fine of fifty dollars for each occasion on which he shall so direct or permit the provisions of this section to be violated, by any officer, seaman or other person employed on board of such ship or vessel.

master for per

Ibid. 23.

posted..

33. It shall be the duty of the master or commander of every ship or vessel bringing emigrant passengers to the United States to post a written or printed notice, in the Notice of these English, French and German languages, containing the provisions of the second sec- provisions to be tion of this act, in a conspicuous place on the forecastle, and in the several parts of the said ship or vessel assigned to emigrant passengers, and to keep the same so posted during the voyage; and upon neglect so to do, he shall be deemed guilty of a misde- Penalty for ne meanor, and on conviction thereof, shall be punished by a fine not exceeding five hun- glect. dred dollars.

(a) See tit. "Post Office," 146.

24 Mar. 1863 4.

Appropriation of fines for seduc

tion.

Ibid. 5. Testimony of female to be cor

roborated.

21 June 1860 1. 12 Stat. 69.

Voluntary escapes.

11 June 1864 1. 13 Stat. 123.

Public officers

acting as counsel, &c., against the government.

16 July 1862 1. 12 Stat. 577.

Punishment of bribery in refer

and offices.

34. In case of the conviction of any person under the provisions of the first section of this act, and the imposition of a fine, the court sentencing the person so convicted may, in its discretion, by an order to be entered on its minutes, direct the amount of the fine when collected, to be paid for the use or benefit of the female seduced, or her child or children, if any.

35. No conviction shall be had under the provisions of this act, on the testimony of the female seduced uncorroborated by other evidence; nor unless the indictment shall be found within one year after the arrival of the ship or vessel at the port for which she was destined when the offence was committed.

V. OFFENCEs against pUBLIC JUSTICE.

36. Whenever any marshal, deputy-marshal or other ministerial officer shall have in his custody any prisoner, by virtue of process issued under the laws of the United States, by any court, judge or commissioner, and such marshal, deputy-marshal or other ministerial officer shall voluntarily suffer such prisoner to escape, the officer so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof in any district or circuit court of the United States, shall be fined or imprisoned, or both, according to the discretion of the court in which such conviction shall take place, having respect to the nature of the crime with which the escaped prisoner shall have been charged, in a sum not exceeding two thousand dollars, and for a term not exceeding two years. This act shall be taken and construed to apply not only to cases in which the prisoner who escaped was charged, or found guilty of an offence against the laws of the United States, but also to cases in which a prisoner may be in custody charged with offences against any foreign government with whom the United States have treaties of extradition.

37. No member of the senate or house of representatives shall, after his election and during his continuance in office, nor shall any head of a department, head of a bureau, clerk, or any other officer of the government, receive or agree to receive any compensation whatsoever, directly or indirectly, for any services rendered or to be rendered, after the passage of this act, 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. And any person offending against any provision of this act shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not exceeding ten thousand dollars, and by imprisonment for a term not exceeding two years, at the discretion of the court trying the same, and shall be for ever thereafter incapable of holding any office of honor, trust or profit under the government of the United States.

VI. OFFENCES AGAINST SOCIETY.

38. Any member of congress or any officer of the government of the United States who shall, directly or indirectly, take, receive or agree to receive, any money, property or other valuable consideration whatsoever, from any person or persons for procuring, ence to contracts or aiding to procure, any contract, office or place from the government of the United States or any department thereof, or from any officer of the United States, for any person or persons whatsoever, or for giving any such contract, office or place to any person whomsoever; and the person or persons who shall directly or indirectly offer or agree to give, or give or bestow, any money, property or other valuable consideration whatsoever, for the procuring or aiding to procure any contract, office or place as aforesaid; and any member of congress who shall directly or indirectly take, receive or agree to receive any money, property or other valuable consideration whatsoever, after his election as such member, for his attention to, services, action, vote or decision on any question, matter, cause or proceeding which may then be pending, or may by law or under the constitution of the United States be brought before him in his official capacity, or in his place of trust and profit as such member of congress; shall, for every such offence, be liab`e to indictment as for a misdemeanor, in any court of the United States having jurisdiction thereof, and on conviction thereof, shall pay a fine of not exceeding ten thousand dollars, and suffer imprisonment in the penitentiary not exceeding two years, at the discretion of the court trying the same; and any such contract or agreement as aforesaid may, at the option of the president of the United States, be absolutely null and void; and any member of congress or officer of the United States convicted as aforesaid shall, moreover, be disqualified from holding any office of honor, profit or trust under the government of the United States.

25 Feb. 1863 1. 12 Stat. 696.

39. The provisions of said act shall be so construed as to embrace any agent of the government of the United States.

12 Stat. 592.

40. No private corporation, banking association, firm or individual shall make, issue, 17 July 1862 ? 2. circulate or pay any 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 Circulating notes money of the United States; (a) and every person so offending shall, on conviction less than one dolthereof in any district or circuit court of the United States, be punished by fine not lar. exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both, at the option of the court.

as currency for

14 Stat. 64.

by disbursing

41. If any disbursing officer of the United States (b) shall deposit any public money 14 June 1866 22. intrusted to him in any place or in any manner, except as authorized by law, or shall convert to his own use, in any way whatever, or shall loan, with or without interest, or Embezzlement shall, for any purpose not prescribed by law, withdraw from the treasurer or any assistant officers. treasurer, or any authorized depository, or shall, for any purpose not prescribed by law, transfer or apply any portion of the public money intrusted to him; every such act shall be deemed and adjudged an embezzlement of the money so deposited, converted, used, loaned, withdrawn, transferred or applied, and every such act is hereby declared a felony, and upon conviction thereof shall be punished by imprisonment for a term not less than one year nor more than ten years, or by fine not more than the amount embezzled nor less than one thousand dollars, or by both such fine and imprisonment, at the discretion of the court.

42. If any banker, broker or any person not an authorized depositary of public moneys, 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; or shall counsel, aid or abet any disbursing officer or collector of internal revenue or other agent of the United States in so doing; every such act shall be deemed and adjudged an embezzlement of the money so deposited, loaned, transferred, used, converted, appropriated or applied; and any president, cashier, teller, director or other officer of any bank or banking association who shall violate any of the provisions of this act shall be deemed and adjudged guilty of embezzlement of public money, and punished as provided in section two of this act. (c)

Ibid. 3.

What to be deemed embez

zlement of pub lic property. by bankers, &c.

14 Stat. 168.

lic officers.

43. If any person or persons shall, directly or indirectly, promise, offer or give, or 13 July 1866 ? 62. cause or procure to be promised, offered or given, any money, goods, right in action, bribe, present or reward, or any promise, contract, undertaking, obligation or security Bribery of pubfor the payment or delivery of any money, goods, right in action, bribe, present, or reward, or any other valuable thing whatever, to any officer of the United States, or person holding any place of trust or profit, or discharging any official function under, or in connection with, any department of the government of the United States, after the passage of this act, with intent to influence his decision or action on any question, matter, cause, or thing which may then be pending, or may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence any such officer or person to commit, or aid or abet in committing, any fraud on the revenue of the United States, or to connive at or collude in, or to allow or permit, or make opportunity for the commission of any such fraud, and shall be thereof convicted; such person or persons so offering, promising or giving, or causing or procuring to be promised, offered or given, any such money, goods, right in action, bribe, present or reward, or any promise, contract, undertaking, obligation or security for the payment or delivery of any money, goods, right in action, bribe, present or reward, or other valuable thing whatever, and the officer or person who shall in anywise accept or receive the same, or any part respectively, shall be liable to indictment in any court of the United States having jurisdiction, and shall, upon conviction thereof, be fined, not exceeding three times the amount so offered, promised, given, accepted or received, and imprisoned not exceeding three years; and the person convicted of so accepting or receiving the same, or any part thereof, if an officer or person holding any such place of trust or profit, shall forfeit his office or place; and any person so convicted under this section shall for ever be disqualified to hold any office of honor, trust or profit under the United States.

14 Stat. 179.

44. If any person shall forcibly assault, resist, oppose, prevent, impede or interfere 18 July 1866 § 6. with any officer of the customs, or his deputy or deputies, or any person assisting them or either of them in the execution of their duties, or any person authorized by this act

(a) The issuing of tickets "good for one trip" by a railroad company, is not a violation of this act; such tickets bearing no resemblance to the currency authorized by law, and not being intended to circulate as money. United States v. Monongahela Bridge Co., 26 Law Rep. 107: s. c. 11 Pitts L. J 169. (b) See United States v. Bloomgart, 7 Int. R. Rec. 148.

(c) This section has no application except to the officers of banks and banking associations: where the enacting clause of a statute makes a certain act a penal offence, and a subsequent clause provides for its punishment, when committed by certain officers, no others can be convicted under it. United States r. Hartwell, 6 Wall. 385. And see The St. Jago de Cuba, 9 Wh. 409.

18 July 1866. to make searches or seizures, in the execution of his duty, or shall rescue or attempt to Forcibly resisting rescue, or cause to be rescued, any property which shall have been seized by any person

custom-house officers, &c.

Rescuing property seized.

Using deadly
Weapons.

Ibid. 35.

Attempting to bribe customhouse officers, &c.

authorized as aforesaid, or shall before, at or after any such seizure, in order to prevent the seizure or securing of any goods, wares or merchandise by any person authorized as aforesaid, stave, break, throw overboard, destroy or remove the same, the person so offending shall, for every such offence, on conviction thereof, forfeit and pay a sum of not less than one hundred dollars, nor more than two thousand dollars, or shall be imprisoned nor less than one month nor more than one year, or both, at the discretion of the court convicting him or her, and shall stand committed until such fine and the costs of prosecution shall have been fully paid. And if any person shall discharge any deadly weapon at any person authorized as aforesaid to make searches or seizures, or shall use any deadly or dangerous weapon in resisting him 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, every such person so offending shall, upon conviction thereof, be deemed guilty of felony, and shall be imprisoned at hard labor for a term not exceeding ten years nor less than one year.

45. If any person shall, directly or indirectly, at any time make or offer to make to any officer of the revenue, or to any other person or persons authorized by this act to make searches or seizures, any gratuity or present of money, or other thing of value, or give or offer any bribe or reward, of whatever nature, with intent to influence or induce such officer or other person or persons to do any act in violation of his or her or their official duty, or to refrain from doing anything which, under the law, it is or shall be his or her or their duty to do, or if any such officer or person shall ask or receive, in any manner, any such gratuity, present, bribe or reward; every person so offending shall be liable to indictment, as for a high crime and misdemeanor, in any court of the United States having jurisdiction for the trial of crimes and misdemeanors, and shall, upon conviction thereof, be fined not exceeding three times the amount so offered, promised or given, asked or received, and imprisonment in a penitentiary not exceeding three years, 46. If any collector of the customs, supervising or local inspector of steamboats, or Failure to report other officer, shall neglect or refuse to make any of the returns or reports which he is by custom-house required to make at stated times, by any act of congress or regulation of the treasury officers, &c. department, other than his accounts, within the time prescribed by such act or regulation, he shall, upon conviction thereof before the district court of his district, forfeit and pay for the use of the United States, any sum not less than one hundred dollars nor more than one thousand dollars.

Ibid. 42.

8 June 1864 21.

13 Stat. 120.

Counterfeiting the coin.

1 July 1864 12. 13 Stat. 336.

Penalty for detaining or opening letters.

Embezzling or destroying let

ters.

VII. OFFENCES RELATING TO THE COIN.

47. If any person or persons, except as now authorized by law, shall hereafter make or cause to be made, or shall utter or pass, or attempt to utter or pass any coins of gold or silver, or other metals or alloys of metals intended for the use and purpose of current money, whether in the resemblance of coins of the United States or of foreign countries, or of original design, every person so offending shall, on conviction thereof, be punished by fine not exceeding three thousand dollars, or by imprisonment for a term not exceeding five years, or both, at the discretion of the court, according to the aggravation of the offence.

VIII. OFFENCES RELATING TO THE POST OFFICE.

48. If any person employed in any of the departments of the post office establishment (a) shall unlawfully detain, (b) delay or open any letter, packet, bag or mail of letters, with which he shall be intrusted, or which shall have come to his possession, and which are intended to be conveyed by post, (c) or to be carried or delivered by any mail carrier, mail messenger, letter carrier, route agent or other person employed in any of the departments of the post office establishment of the United States, or to be forwarded or delivered through or from any post office or branch post office established by authority of the postmaster-general of the United States; [or] if any such person shall secrete, embezzle or destroy any letter or packet intrusted to such person as aforesaid, and which shall not contain (d) any security for or assurance relating to money, as hereinafter described, every such offender, being thereof duly convicted, shall, for every such offence, be fined not less than three hundred dollars, or imprisoned not less than six months, or both, according to the circumstances and aggravations of the offence. And if any person employed as aforesaid shall secrete, embezzle or destroy any letter,

(a) No one can be convicted under this section (which supplies the 21st section of the act 3 March 1825, 1 vol. 216, pl. 80), who is not employed in the post office department. United States v. Nott, 1 McLean 499. And such employment must be distinctly averred and proved. Ibid. But it is not necessary, in the indictment, to state the particular office held by the accused. United States v. Clark, Crabbe 584. A general averment that defend

ant was a person employed in the post office department of the United States," is sufficient. United States v. Patterson, 6 McLean 466. For form of indictment see Whart. Prec. § 1098.

(b) This refers to a letter or packet detained, before it reaches the place of destination. United States v. Pearce, 2 McLean 14. (c) See United States v Oliver, 4 Law Rep. 197. (d) See United States v. Fisher, 5 McLean 23.

1 July 1864.

or valuable

packet, bag or mail of letters, with which he or she shall be intrusted, or which shall have come to his or her possession, and are intended to be conveyed by post, (a) or to be Letters containcarried or delivered by any mail carrier, mail messenger, letter carrier, route agent or ing remittances other person employed in any of the departments of the post office establishment of the papers. United States, or to be forwarded or delivered through or from any post office or branch post office established by authority of the postmaster-general of the United States, such letter, packet, bag or mail of letters containing any note, bond, draft, check, revenue stamp, postage stamp, money order, certificate of stock, or other pecuniary obligation or government security of any description whatever, issued, or that may hereafter be issued, by the United States, or by any officer or fiscal agent thereof, any bank note (b) or bank post bill, bill of exchange, warrant of the treasury of the United States, note of assignment of stock in the funds, letters of attorney for receiving annuities or dividends, or for selling stock in the funds, or for receiving the interest thereof, or any letter of credit or note for or relating to payment of moneys, or any bond or warrant, draft, bill or promissory note, (c) covenant, contract or agreement whatsoever, for or relating to payment of money, or the delivery of any article of value, or the performance of any act, matter or thing, or any receipt, release, acquittance or discharge of or from any debt, covenant or demand, or any part thereof, or any copy of any record of any judgment or decree, in any court of law or chancery, or any execution which may have issued thereon, or any copy of any other record, or any other article of value, (d) or any writing representing the same; or if any such person, employed as aforesaid, Stealing from shall steal or take any of the same (e) out of any letter, packet, bag or mail of letters, letters, &c. that shall come to his or her possession, whether such letter or packet, bag or mail of letters shall have come or been placed in his or her possession to be forwarded or delivered in the regular course of his or her official duties, or shall have come or been placed in his or her possession in any other manner, and provided that such letter or packet, bag or mail of letters, shall not have been delivered to the person or persons to whom it is directed; such person shall, on conviction for any such offence, be imprisoned not less than ten years nor exceeding twenty-one years: and the fact that any such letter or packet, bag or mail of letters, shall have been deposited in any post office or branch post office established by authority of the postmaster-general of the United States, or in any other authorized depository of mail letters, or in charge of any postmaster, assistant postmaster, clerk, carrier, agent or messenger employed in the post office establishment of the United States, shall be taken and held as evidence that the same was "intended to be conveyed by post," within the meaning of this statute. And Mail carriers de if any person who shall have taken charge of the mails of the United States, shall volun- serting the mail. tarily quit or desert the same, before such person delivers it into the post office kept at the termination of the route, or some known mail carrier or agent of the general post office, authorized to receive the same, every such person so offending shall forfeit and pay a sum not exceeding five hundred dollars, for every such offence. And if any per- Carrying letters son concerned in carrying the mail of the United States shall collect, receive or carry any letter or packet, (g) or shall cause or procure the same to be done, contrary to this act, every such offender shall forfeit and pay, for every such offence, a sum not exceeding fifty dollars.

out of the mail.

13 Stat. 506.

49. If any person or persons shall wilfully and maliciously injure, tear down or 3 Mar. 1865 § 11. destroy any letter-box, pillar-box or other receiving-boxes established by authority of the postmaster-general of the United States, for the safe deposit of matter for the mails and for delivery, or shall wilfully aid and assist in injuring, tearing down or destroying any such box or boxes; every such offender, being thereof duly convicted, shall,

(a) A letter containing money, deposited in the mail, for the purpose of ascertaining whether its contents were stolen on a particular route, and actually sent on a post route, is a letter, "intended to be conveyed by post," within the meaning of this clause. United States v. Cottingham, 2 Blatch. C. C. 470. The de scription of the termini, between which the letter was intended to be sent by post, cannot be rejected as surplusage, but must be proved as laid. Únited States v. Foye, 1 Curt. 364. An indictment, however, which charges the defendant with unlawfully abstracting a letter, containing bank notes, from the mail. is good, if it allege that the letter. containing bank notes, was put into the post office to be conveyed by post, and was being conveyed by post, and came into the possession of the defendant, as a driver of the mail stage. United States v. Martin, 2 McLean 256. See United States v. Golding. 2 Cr. C. C. 212. To constitute the offence, it is not necessary that the letter stolen should have been taken out of the post office building. United States v. Nott, 1 McLean 499.

(b) It is not necessary, in an indictment under this clause, to allege the note to have been of an incorporated bank, or of any value. United States v. Clark, Crabbe 584: contra, United States ▸ Cammings, 3 Pitts. L. J. 45. Seo United States v. Golding. 2 Cr. C. C. 212. Nor to describe the note. United States v. Patterson,

6 McLean 466.

Wilfully injuring

letter-boxes, &c.

(c) A treasury note is such promissory note. United States v. Hardyman, 13 Pet. 176.

(d) Under this act, in connection with the act 3 March 1845, 15 (1 vol. 768, pl. 63), a postmaster is not liable to indictment in the federal courts, for stealing a packet containing non-mailable matter, as watches. United States v. Burton. 5 Pitts. L. J. 70. (e) Taking the notes greatly aggravates the offence, and the taking must be charged and proved as a substantive part of the offence. Some evidence is necessary of the genuineness and value of bank notes charged to have been stolen out of a letter. United States v. Nott, 1 McLean 499; United States v. Fisher, 5 Ibid. 23. But evidence that the prisoner uttered as genuine, what purport. ed on its face to be a bank note, is competent proof that it was a bank note, though it is not otherwise shown that such a bank existed. United States v. Foye, 1 Curt. 364. It is necessary, in an indictment for larceny from a letter, to lay the property stolen in some person other than the prisoner. Ibid. For forms of indictment, see Whart. Pr. 1099, &c.

(g) By the term "packet," in this clause is meant a packet containing letters. It does not prohibit the carrying a packet containing executions, and nothing else. United States v. Chaloner, Ware 214.