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stituted by the same, at his discretion, and as the safety of the public moneys, and the convenience of the public service shall seem to him to require ; which authority to transfer the moneys The Postmaster belonging to the Post Office Department is also hereby conferred ized to make upon the Postmaster General, so far as its exercise by him may transfers of mo. be consistent with the provisions of existing laws; and every de. to ille Post of positary constituted by this act shall keep his account of the fice Dep't. money paid to or deposited with him, belonging to the Post Office Depositaries to Depariment, separate and distinct from the account kept by him and distinct acof other public moneys so paid or deposited. And for the pur moneys of the pose of payments on the public accoudi, it shall be lawful for Post Office Dethe Treasurer of the United States to draw upon any of the pathen ones said depositaries, as he may think most conducive to the public may draw on interest, or to the convenience of the public creditors, or both. ang depositary. And each depositary so drawn upon shall make returns to the Depositaries to Treasury and Post Office Depariments of all moneys received mot returns to and paid by him, at such times and in such form as shall be Post Office Des directed by the Secretary of the Treasury or the Postmaster partment. General.
Sec. 11. And be it further enacted, That the Secretary of Examinations the Treasury shall be and he is hereby authorized to cause ex-the books, &c. aminations to be made of the books, accounts, and monėy on
of the deposita. hand of the several depositaries constituted by this act; and for that purpose to appoint special agents, as occasion may require, with such compensation, not exceeding six dollars per day and travelling expenses, as he may think reasonable, to be fixed and declared at the time of each appointinent. The agents seleccted to make these examinations shall be instructed to examine as well the books, accounts, and returns of the officer, as the money on hand, and the manner of its being kept, to the end that uniformity and accuracy in the accounts, as well as safety to the public moneys, may be secured thereby.
Sec. 12. And be it further enacted, That, in addition to the 'Additional er. examinations provided for in the last preceding section, and as a be made—how. further guard over the public moneys, it shall be the duty of each naval officer and surveyor, as a check upon the assişlanı treasurers, or the collector of the customs, of their respective districts; of each register of a land office, as a check upon the receiver of his land office; and of the director and superintendent of each mint and branch mint, when separate officers, as a check upon the treasurers, respectively, of the said mints, the persons acting as such, at the close of each quarter of the year, and as much more frequently as they shall be directed by the Secretary of the Treasury to do so, to examine the books, accounts, returns, and money on hand, of the assistant treasurers, collectors, receivers of land offices, treasurers of the mint, and each branch mint, and persons acting as such, and to make a full, accurate, and faithful return to the Treasury Department of their condition.
Sec. 13. And be it further enacted, That the said officers, Necessary or: respectively, whose duty it is made by this act to receive, keep, clerks chests,
and disburse the public moneys, as the fiscal agents of the Government, may be allowed any necessary addiuonal expenses for
clerks, fire-proof chests, or vaults, or other necessary expenses of All such expon, safe-keeping, transferring, and disbursing said, moneys; all such ses to be first expenses of every character to be first expressly authorized by. authorized by
Secretary the Secretary of the Treasury, whose directions upon all the of the Treasury above subjects, by way of regulation and otherwise, so far as
authorized by law, are to be strictly followed by all the said Proviso.
officers : Provided, That the whole number of clerks to be appointed by virtue of this section of this act shall not exceed ten ; and thal the aggregate compensations of the whole number shall not exceed eight thousand dollars ; nor shall the compensation of any one clerk so appointed exceed eight hundred dol
lars per annum. Secretary of Sec. 14. And be it further enacted, That the Secretary of Treasury way the Treasury may, at his discretion, transfer the balances reces remaining maining with any of the present depositories to any other of the with present present depositories, as he may deem the safety of the public modepositaries.
ney or the public convenience may require : Provided, That nothing in this act shall be so construed as to authorize the Secretary of the Treasury to transfer the balances remaining
with any of the present depositories to the depositories constiProviso.
tuted by this act before the first day of January next: And, provided, That, for the purpose of payments on public account, out of balances remaining with the present depositories, it shall be lawful for the Treasurer of the United Staies to draw upon any of the said depositories as he may think most conducive to the public interests, or to the convenience of the public cred. itors, or both.
Sec. 15. And be it further enacted, That all marshals, disPayments of
hey trict attorneys, and others having public money io pay to the co the U. S. and United States, and all patentees wishing to make payment for payments for
to patents to be issued, may pay all such moneys to the Treasurer whom to be of the United States, 10 the treasurer of either of the mints in
Philadelphia or New Orleans, to either of the other assistant treasurers, or to such other depositary constituted by this act as shall be designated by the Secretary of the Treasury in other parts of the United States to receive such payments, and give
receipts or certificates of deposite therefor. Entries requir. Sec. 16. And be it further enacted, That all officers and ed to be made other persons, charged by this act, or any other act, with the of the public moneve "other safe keeping, transfer, and disbursement of the public moneys. than those of other than those connected with the Post Office Department, Department. are hereby required to keep an accurate entry of each sum re
Felony to use, ceived, and of each payment or transfer; and that if any one doan, or deposit in a' bank, '&c. of the said officers, or of those connected with the Post Office money, entrust. Department, shall convert to his own use, in any way whatever, ed to him ; pun. ¿xhment.
or shall use, by way of investment in any kind of property or merchandise, or shall loan, with or without interest, or shall deposite in any bank, or shall exchange for other funds, except as allowed by this act, any portion of the public moneys in
the Post Office
trusted to him for safe-keeping, disbursement, transfer, or for any other purpose, every such act shall be deemed and adjudged to be an embezzlement of so much of the said moneys as shall bè thus taken, converted, invested, used, loaned, deposited, or exchanged, which is hereby declared to be a felony ; and any failure to pay over or to produce the public moneys intrusted to such person shall be held and taken to be primcı facie evidence of such embezzlement; and if any officer charged with the disbursements of public moneys shall accept or receive, or transmit 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 said officer may have received for disbursement, or such other funds as he may be authorized by this act to take in exchange, the full amount specified in such receipt or voucher, every such act shall be deemed to be a conversion by such officer to his own lise of the amount specified in such receipt or voucher; and any officer or agent of the United States, and all persons advising or participating in such act, being convicted thereof before any court of the United States of competent jurisdiction, shall be sentenced to imprisonment for a term of not less than six months nor more than ten years, and to a fine equal to the amount of the money embezzled. And, upon the Evidence suftrial of any indictment against any person for embezzling pub- ficient to show
a balance on a lic money under the provisions of this act, it shall be sufficient charge of evidence, for the purpose of showing a balance against such bezzlement. person, to produce a transcript from the books and proceedings of the Treasury, as required in civil cases, under the provisions of the act entitled " An act to provide more effectually for the settlement of accounts between the United States and receivers of public money," approved March third, one thousand seven hundred and ninety-seven ;* and the provisions of this act shall * See vol. 2, be so construed as to apply to all persons charged with the safe-p. 594. keeping, transfer, or disbursement of the public money, whether such persons be indicted as receivers or depositaries of the same; and the refusal of such person, whether in or out of office, to pay any draft, order, or warrant which may be drawn upon hiin by the proper officer of the Treasury Department, for any public money in his hands belonging to the United States, no måtter 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 of the United States, shall be deemed and taken, upon the trial of any indictment against such person for embezzlement, as prima facie evidence of such embezzlement. Sec. 17. And be it further enacted, That, until the rooms, Until the rooms,
be first four sertions of&c. directed to offices, vaults, and safes, directed by the first four sections of this act to be constructed and prepared for the use of the Treas- the first four urer of the United States, the treasurers of the minis at Phila-secta
Mil. act can be condelphia and New Orleans, and the assistant treasurers at New structed, others York, Boston, Charleston, and St. Louis, can be constructed to be procured.
sections of this
and prepared for use, it shall be the duty of the Secretary of the Treasury to procure suitable rooms for offices for those officers at their respective locations, and to contract for such use of vaults and safes as may be required for the safe-keeping of the public moneys in the charge and custody of those officers respectively, the expense to be paid by the United States."
And whereas, by the thirtieth section of the act entitled "An act to regulate the collection of duties iniposed by law on the tonnage of ships or vessels, and on goods, wares, and merchandises imported into the United States," approved July thirty.one, seventeen hundred and cighty-nine, it was provided that all fees and dues collected by virtue of that act should be received in gold and silver coin only; and whereas, also, by the fifth section of the act approved May ten, eighteen hundred, entitled “ An act to amend the act entitled? An act providing for the sale of the lands of the United States in the territory northwest of the Ohio, and above the mouth of Kentucky river," it was provided that payment for the said lands shall be made by all purchasers in specie, or in evidences of the public debt; and whereas, experience has proved that said provisions ought to be revived and enforced, according to the true and wise intent
of the Constitution of the United StatesFrom and alter Sec. 18. Be it further enacted, That on the first day of Jan. 1, 1847, the January, in the year one thousand eight hundred and fortyduties, taxes, &c. accruing to seven, and thereafter, all duties, taxes, sales of public lands, the U. S. shall debts, and sums of money accruing or becoming due to the and silver coin, Ein United States, and also all sums due for postages or otherwise.
eu liles, u or in treasury to the General Post Office Department, shall be paid in gold
and silver coin only, or in Treasury notes issued under the Proviso.
anthority of the United States : Provided, That the Secretary of the Treasury shall publish, monthly, in two newspapers at the city of Washington, the amount of specie at the several places of deposite, the amount of Treasury notes or drafts issued, and the amount outstanding on the last day of each
month. From and after Sec. 19. And be it further enacted, That on the first day April 1, 1847, of A
burdino of April, one thousand eight hundred and forty-seven, and officers and a thereafter, every officer or agent engaged in making disbursegents shall
tements on account of the United States, or of the General Post in gold and sil. Office, shall make all payments in gold and silver coin, or in treasury notes
Treasury notes, if the creditor agree to receive said notes in
Teasury Joits, 1 mie C if the creditor payment; and any receiving or disbursing officer or agent who agrees to rechau nevient avoir
re-shall neglect, evade, or violate the provisions of this and the Violations of last preceding section of this act, shall, by the Secretary of the eeding section
pro Treasury, be immediately reported to the President of the to be reported to United States, with the facts of such neglect, evasion, or violaident. tion; and also to Congress, if in session, and if not in session,
at the commencement of its session next after the violation takes
place. No exchange Sec. 20. And be it further enacted, That no exchange of of funds to be made except for funds shall be made by any disbursing officers or agents of the gold and silver.
this and then
Gorernment, of any grade or denomination whatsoever, or conuected with any branch of the public service, other than on exchange for gold and silver; and every such disbursing officer, when the means for his disbursements are furnished to him in gold and silver, shall make his payments in the money so furnished; or when those means are furnished to him in drasts, shall be made.
How shall cause those drafis to be presented at their place of pay. ment, and properly paid according to the law, and shall make his payments in the money so received for the drafis furnished, unless, in either case, he can exchange the means in his hands for gold and silver at par. And it shall be and is herely made Officers violatthe duty of the head of the proper Department immediately to his section suspend from duty any disbursing officer who shall violate the ed and reported provisions of this section, and forth with to report the name of to the President the officer or agent to the President, with the fact of the violation, and all the circumstances accompanying the same and within the knowledge of the said Secretary, to the end that such officer or agent may be promptly removed from office, or restored to his trust and the performance of his duties, as to the President may seem just and proper: Provided, however, Proviso. That those disbursing officers, having at present credits in the banks, shall, until the first day of January next, be allowed to check on the same, allowing the public creditors to receive their pay from the banks either in specie or bank notes.
Sec. 21. And he it further enacted, That it shall be the duty The Secretary of the Secretary of the Treasury to issue and publish regulations of the Treasury to enforce the speedy presentation of all Government drafts for publishi regulapayment at the place where payable, and to prescribe the time, ions to enforce
the speedy pre: according to the different distances of the depositaries from the sentation of all seat of Government, within which all drafts upon them, respect drafts for payively, shall be presented for payment; and, in default of such preseniation, 10 direct any other mode and place of payment which he may deem proper; but, in all these regulations and directions, it shall be the duty of the Secretary of the Treasury to guard, as far as may be, against those drafts being used or thrown into circulation as a paper currency or medium of exchange. And no officer of ihe United States shall, either directly or indirectly, sell or dispose to any person or persons, dispose of for or corporations, whatsoever, for a premium, any Treasury note, a draft, warrant, or other public security, not his private property,
No officer of the U. S. shall
noie, draft, &c. or sell or dispose of the avails or proceeds of such note, drait, not his private warrant, or security in his hands for disbursement, without property, with making return of such premium, and accounting therefor by U. s. in his accharging the same in his accounts to the credit of the United counts. States; and any officer violativg this section shall be forth with dismissed from office.
Sec. 22. And be it further enacted, That the assistant Salaries of nstreasurers direcied by this act to be appointed shall receive, rers. respectively, the following salaries per annum, to be paid quarter yearly at the Treasury of the United States, to wit: the assistant treasurer at New York shall be paid a salary of four