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219. This book must be indexed as to jails and names of prisoners. Great care should be exercised in indexing names of prisoners to see that the prisoner's name appears but once in the index, and that it is followed always by the number of each page on which the name appears in the register.

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220. Section 5438, Revised Statutes:

Every person who makes or causes to be made, or presents or causes 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 who, for the purpose of obtaining or aiding to obtain the payment or approval of such claim, makes, uses, or causes 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 who enters 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 of any false or fraudulent claim, * * 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.

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221. Because of irregularities which have occurred in the rendition of accounts it is necessary to impress upon marshals the fact that whenever an account is presented it must represent money actually and fully paid to the payees named in the account. Neither the personal obligation of the marshal to the payee, nor a certificate issued showing that a certain amount is due, is regarded as payment.

222. The mere drawing of an official check without its delivery to the payee does not constitute a payment for which a marshal may claim credit in his accounts. In order to entitle the marshal to claim credit for a payment, the check covering said payment must not only have

been drawn, but must have been delivered by mailing or otherwise to the payee, without the imposition of any restriction concerning its collection.

223. The oath of the marshal that the account has been "fully paid in lawful money" must be literally true.

224. In the deputies' accounts each charge for service must represent service actually performed by the person claimed to have performed it, and each item of expense for which credit is claimed must represent money actually paid. The receipts taken by the marshal from the deputies must also represent full payments in lawful money.

225. The failure to fully observe the above renders marshals and deputies liable to dismissal and to criminal prosecution.

RENDITION AND APPROVAL.

226. Accounts of United States marshals must be prepared quarterly, in duplicate, upon forms furnished by the Department of Justice. The quarters of the fiscal year end September 30, December 31, March 31, and June 30. After preparation, the accounts must be rendered, together with the items and vouchers, to the court for approval, in accordance with section 1 of the act of February 22, 1875, and section 13 of the act of May 28, 1896, hereinafter quoted.

227. The quarterly accounts must be submitted for approval as above directed within twenty days after the close of each quarter. If submitted for approval later than twenty days after the close of any given quarter, a delinquency arises which must be waived by the Secretary of the Treasury, as section 12 of the act of July 31, 1894 (hereinafter quoted), prescribes that when a marshal fails to render his accounts within twenty days after the end of the quarter to which they relate no advance of funds shall be made to him unless such delinquency be waived by the Secretary of the Treasury.

228. If a marshal be delinquent in forwarding his accounts within the time specified by the act of July 31, 1894, he must immediately prepare, in duplicate, and forward to the Department, a statement showing the cause of the delay, in order that the matter may be submitted to the Secretary of the Treasury, together with such recommendation. as may be deemed advisable.

229. Explanations of delinquencies should not be forwarded with accounts, but should be transmitted under separate cover.

230. When any part of an account is not approved by the court the item or items not approved should be specified. A schedule showing such items, if any, must be attached to the account, stating, seriatim and in detail, the reasons for disapproval.

231. Seals to copies of orders approving accounts are required, but seals of clerks to affidavits and to copies of orders relative to vouchers are not required, and charges therefor are not allowable.

232. After approval by the court, the original account, with the account current and each voucher and subvoucher plainly marked "original," will be forwarded to the Department of Justice, and the duplicate account, which must be in fact a duplicate and not merely a copy, must be filed in the office of the clerk of the court.

233. United States marshals are specially directed to cause all vouchers and other papers belonging to each account to be placed together in an orderly manner, with the account-current on top, and carefully separated by bands or otherwise from any other account or accounts transmitted in the same package.

TEXT OF CERTAIN PROVISIONS OF LAW RELATIVE TO THE RENDITION AND APPROVAL OF MARSHALS' ACCOUNTS.

234. Section 1, act of February 22, 1875 (18 Stat. L., 333):

That before any bill of costs shall be taxed by any judge or other officer, or any account payable out of the money of the United States shall be allowed by any officer of the Treasury in favor of clerks, marshals, or district attorneys, the party claiming such account shall render the same, with the vouchers and items thereof, to a United States circuit or district court, and in the presence of the district attorney or his sworn assistant, whose presence shall be noted on the record, prove in open court, to the satisfaction of the court, by his own oath or that of other persons having knowledge of the facts, to be attached to such account, that the services therein charged have been actually and necessarily performed as therein stated, and that the disbursements charged have been fully paid in lawful money; and the court shall thereupon cause to be entered of record an order approving or disapproving the account, as may be according to law, and just. United States commissioners shall forward their accounts, duly verified by oath, to the district attorneys of their respective districts, by whom they shall be submitted for approval in open court, and the court shall pass upon the same in the manner aforesaid. Accounts and vouchers of clerks, marshals, and district attorneys shall be made in duplicate, to be marked, respectively, "original" and "duplicate." And it shall be the duty of the clerk to forward the original accounts and vouchers of the officers above specified, when approved, to the proper accounting officers of the Treasury, and to retain in his office the duplicates, where they shall be open to public inspection at all times. Nothing contained in this act shall be deemed in any wise to diminish or affect the right of revision of the accounts to which this act applies by the accounting officers of the Treasury, as exercised under the laws now in force.

235. The provision of the above section requiring accounts to be sent direct to the Treasury is modified by section 13 of the act of July 31, 1894 (28 Stat. L., 210), which requires:

Before transmission to the Department of the Treasury, the accounts of district attorneys, assistant attorneys, marshals, commissioners, clerks, and other officers of the courts of the United States, except consular courts, made out and approved as required by law, and accounts relating to prisoners convicted or held for trial in any court of the United States, and all other accounts relating to the business of the Department of Justice or of the courts of the United States other than consular courts, shall be sent with their vouchers to the Attorney-General and examined under his supervision.

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