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published by the Weather Bureau, United States Signal Service, or other branch of the Government service, shall be fined not more than $500, or imprisoned not more than ninety days, or both. (Mar. 4, 1909, ch. 321, § 61, 35 Stat. 1100.)

DERIVATION

Acts Aug. 8, 1894, ch. 238, 28 Stat. 274; Mar. 2, 1895, ch. 169, 28 Stat. 737; Apr. 25, 1896, ch. 140, 29 Stat. 108; act Mar. 3, 1905, ch. 1405, 33 Stat. 864, which were repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 118. (Criminal Code, section 62.) Molesting Animal Industry employees; using deadly weapon.-Whoever shall forcibly assault, resist, oppose, prevent, impede, or interfere with any officer or employee of the Bureau of Animal Industry of the Department of Agriculture in the execution of his duties, or on account of the execution of his duties, shall be fined not more than $1,000, or imprisoned not more than one year, or both; and whoever shall use any deadly or dangerous weapon in resisting any officer or employee of the Bureau of Animal Industry of the Department of Agriculture in the execution of his duties, with intent to commit. a bodily injury upon him or to deter or prevent him from discharging his duties, or on account of the performance of his duties, shall be fined not more than $1,000, or imprisoned not more than five years, or both. (Mar. 4, 1909, ch. 321, § 62, 35 Stat. 1100.)

DERIVATION

Act Mar. 3, 1905, ch. 1496, § 5, 33 Stat. 1265, which though not specifically repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153, was impliedly repealed by its incorporation in this section.

§ 130. Counterfeiting Government seal; fraudulently or wrongfully affixing seal of executive departments to certificate or instrument or wrongfully using such certificate or instrument.-Whoever shall fraudulently or wrongfully affix or impress the seal of any executive department, or of any bureau, commission, or office of the United States, to or upon any certificate, instrument, commission, document, or paper of any description; or whoever, with knowledge of its fraudulent character, shall with wrongful or fraudulent intent use, buy, procure, sell, or transfer to another any such certificate, instrument, commission, document, or paper, to which or upon which said seal has been so fraudulently affixed or impressed, shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 15, 1917, ch. 30, title X, § 1, 40 Stat. 227.)

CROSS REFERENCE

Jurisdiction of offenses under this section, see section 574 of this title. § 131. Falsely making or forging seal of executive department. -Whoever shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be made, forged, counterfeited, mutilated, or altered, or shall willingly assist in falsely making, forging, counterfeiting, mutilating, or altering the seal of any executive department, or any bureau, commission, or office of the United States, or whoever shall knowingly use, affix, or impress any such fraudulently made, forged, counterfeited, mutilated, or

altered seal to or upon any certificate, instrument, commission, document, or paper, of any description, or whoever with wrongful or fraudulent intent shall have possession of any such falsely made, forged, counterfeited, mutilated, or altered seal, knowing same to have been so falsely made, forged, counterfeited, mutilated, or altered, shall be fined not more than $5,000 or imprisoned not more than ten years, or both. (June 15, 1917, ch. 30, title X, § 2, 40 Stat. 228.)

§ 132. Falsely making or forging naval, military or official pass.-Whoever shall falsely make, forge, counterfeit, alter, or tamper with any naval, military, or official pass or permit, issued by or under the authority of the United States, or with wrongful or fraudulent intent shall use or have in his possession any such pass or permit, or shall personate or falsely represent himself to be or not to be a person to whom such pass or permit has been duly issued, or shall willfully allow any other person to have or use any such pass or permit, issued for his use alone, shall be fined not more than $2,000 or imprisoned not more than five years, or both. (June 15, 1917, ch. 30, title X, § 3, 40 Stat. 228.)

§ 146. Counterfeiting, altering, or uttering Government transportation requests.-Whoever shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or shall willingly aid or assist in falsely making, forging, or counterfeiting, in whole or in part, any form or request in similitude of the form or request provided by the Government for requesting a common carrier to furnish transportation on account of the United States or any department or branch thereof, or shall knowingly alter, or cause or procure to be altered, or shall willingly aid or assist in so altering, any form or request provided by the Government for requesting a common carrier to furnish transportation on account of the United States or any department or branch thereof, or whoever shall knowingly pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell, any such false, forged, counterfeited, or altered form or request, shall upon conviction be fined not more than $5,000, or imprisoned not more than ten years, or both. (Dec. 11, 1926, ch. 2, § 1, 44 Stat. 917.)

§ 147. Same; possession of plates and use thereof; printing.— Whoever, except by lawful authority, shall have control, custody, or possession of any plate, stone, or other thing, or any part thereof, from which has been printed or may be printed any form or request for Government transportation, or shall use such plate, stone, or other thing, or knowingly permit or suffer the same to be used in making any such form or request or any part of such a form or request, or whoever shall make or engrave or cause or procure to be made or engraved, or shall assist in making or engraving, any plate, stone, or other thing, in the likeness of any plate, stone, or other thing designated for the printing of the genuine issues of the form or request for Government transportation; or whoever shall print, photograph, or in any other manner make, execute, or sell, or cause to be printed, photographed, made, executed, or sold, or shall aid in printing, photographing,

making, executing, or selling, any engraving, photograph, print, or impression in the likeness of any genuine form or request for Government transportation, or any part thereof; or whoever shall bring into the United States or any place subject to the jurisdiction thereof, any plate, stone, or other thing, or engraving, photograph, print, or other impression of the form or request for Government transportation, shall upon conviction be "fined not more than $5,000, or imprisoned not more than ten years, or both. (Dec. 11, 1926, ch. 2, § 2, 44 Stat. 918.)

§ 148. Same; detecting violations; use of Secret Service Division. The Secretary of the Treasury is hereby authorized to direct and use the Secret Service Division of the Treasury Department to detect, arrest, and deliver into custody of the United States marshal having jurisdiction any person or persons violating any of the provisions of sections 146 and 147 of this title. (Dec. 11, 1926, ch. 2, § 3, 44 Stat. 918.)

§ 149. Payment made for influence exerted in procuring appointive public office prohibited. It shall be unlawful to pay or offer or promise to pay any sum of money, or any other thing of value, to any person, firm, or corporation in consideration of the use or promise to use any influence, whatsoever, to procure any appointive office under the Government of the United States for any person whatsoever. (Dec. 11, 1926, ch. 3, § 1, 44 Stat. 918.)

§ 150. Payments received for influence exerted in obtaining appointive public office prohibited. It shall be unlawful to solicit or receive from anyone whatsoever, either as a political contribution, or for personal emolument, any sum of money or thing of value, whatsoever, in consideration of the promise of support, or use of influence, or for the support or influence of the payee, in behalf of the person paying the money, or any other person, in obtaining any appointive office under the Government of the United States. (Dec. 11, 1926, ch. 3, § 2, 44 Stat. 918.)

§ 151. Punishment for violating provisions of sections 149 and 150. Anyone convicted of violating sections 149 and 150 of this title shall be punished by imprisonment of not more than one year, or by a fine of not more than $1,000, or by both such fine and imprisonment. (Dec. 11, 1926, ch. 3, § 3, 44 Stat. 918.)

OFFENSES RELATING TO OFFICIAL DUTIES

§ 171. (Criminal Code, section 85.) Extortion.-Every officer, clerk, agent, or employee of the United States, and every person representing himself to be or assuming to act as such officer, clerk, agent, or employee, who, under color of his office, clerkship, agency, or employment, or under color of his pretended or assumed office, clerkship, agency, or employment, is guilty of extortion, and every person who shall attempt any act which if performed would make him guilty of extortion, shall be fined not more than $500 or imprisoned not more than one year, or both. (Mar. 4, 1909, ch. 321, § 85, 35 Stat. 1104.)

DERIVATION

R. S. § 5481, as amended by act June 28, 1906, ch. 3574, 34 Stat. 546, which was revised from act Mar. 3, 1825, ch. 65, 4 Stat. 118 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 172. (Criminal Code, section 86.) Requiring receipts for larger sums than are paid.-Whoever, being an officer, clerk, agent, employee, or other person charged with the payment of any appropriation made by Congress, shall pay to any clerk or other employee of the United States a sum less than that provided by law, and require such employee to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined in double the amount so withheld from any employee of the Government and imprisoned not more than two years. (Mar. 4, 1909, ch. 321, § 86, 35 Stat. 1105.)

DERIVATION

R. S. § 5483, which was revised from act Mar. 3, 1853, ch. 104, 10 Stat. 239 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 173. (Criminal Code, section 87.) Disbursing officers unlawfully using public money.-Whoever, being a disbursing officer of the United States, or a person acting as such, shall in any manner convert to his own use, or loan with or without interest, or deposit in any place or in any manner, except as authorized by law, any public money intrusted to him; or shall, for any purpose not prescribed by law, withdraw from the Treasurer or any authorized depositary, or transfer, or apply, any portion of the public money intrusted to him, shall be deemed guilty of an embezzlement of the money so converted, loaned, deposited, withdrawn, transferred, or applied, and shall be fined not more than the amount embezzled or imprisoned not more than ten years, or both. (Mar. 4, 1909, ch. 321, § 87, 35 Stat. 1105; May 29, 1920, ch. 214, § 1, 41 Stat. 654.)

DERIVATION

R. S. § 5488, which was revised from act June 14, 1866, ch. 122, 14 Stat. 64 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 175. (Criminal Code, section 89.) Unlawufl use of public moneys by custodians.-Every officer or other person charged by any Act of Congress with the safe-keeping of the public moneys who shall loan, use, or convert to his own use, or shall deposit in any bank or exchange for other funds, except as specially allowed by law, any portion of the public moneys intrusted to him for safe-keeping, shall be guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged, and shall be fined in a sum equal to the amount of money so embezzled and imprisoned not more than ten years. (Mar. 4, 1909, ch. 321, § 89, 35 Stat. 1105.)

DERIVATION

R. S. § 5490, which was revised from act Aug. 6, 1846, ch. 90, 9 Stat. 63, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 176. (Criminal Code, section 90.) Failure to render accounts. Every officer or agent of the United States who, having received public money which he is not authorized to retain as salary, pay, or emolument, fails to render his accounts for the same as provided by law shall be deemed guilty of embezzlement and shall be fined in a sum equal to the amount of the money

embezzled and imprisoned not more than ten years. (Mar. 4, 1909, ch. 321, § 90, 35 Stat. 1105.)

DERIVATION

R. S. § 5491, which was revised from acts Aug. 6, 1846, ch. 90, 9 Stat. 63; July 17, 1862, ch. 199, 12 Stat. 593; Res. Mar. 2, 1867, No. 48, 14 Stat. 571; act July 15, 1870, ch. 295, 16 Stat. 334, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 177. (Criminal Code, section 91.) Failure to deposit as required. Whoever, having money of the United States in his possession or under his control, shall fail to deposit it with the Treasurer or some public depositary of the United States, when required so to do by the Secretary of the Treasury or the head of any other proper department, or by the General Accounting Office, shall be deemed guilty of embezzlement thereof and shall be fined in a sum equal to the amount of money embezzled and imprisoned not more than ten years. (Mar. 4, 1909, ch. 321, § 91, 35 Stat. 1105; May 29, 1920, ch. 214, § 1, 41 Stat. 654; June 10, 1921, ch. 18, § 304, 42 Stat. 24.)

DERIVATION

R. S. § 5492, which was revised from acts Aug. 6, 1846, ch. 90, 9 Stat. 63; Mar. 3, 1857, ch. 114, 11 Stat. 249, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 178. (Criminal Code, section 92.) Persons affected.-The provisions of sections 173-177 of this title shall be construed to apply to all persons charged with the safe-keeping, transfer, or disbursement of the public money, whether such persons be indicted as receivers or depositaries of the same. (Mar. 4, 1909, ch. 321, § 92, 35 Stat. 1105.)

DERIVATION

R. S. § 5493, which was revised from act Aug. 6, 1846, ch. 90, 9 Stat. 63, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 179. (Criminal Code, section 93.) Record evidence of embezzlement. Upon the trial of any indictment against any person for embezzling public money under any provision of sections 173-178 of this title, it shall be sufficient evidence, prima facie, for the purpose of showing a balance against such person, to produce a transcript from the books and proceedings of the General Accounting Office, as required in civil cases, under the provisions for the settlement of accounts between the United States and receivers of public money. (Mar. 4, 1909, ch. 321, § 93, 35 Stat. 1105; June 10, 1921, ch. 18, § 304, 42 Stat. 24.)

DERIVATION

R. S. § 5494, which was revised from act Aug. 6, 1846, ch. 90, 9 Stat. 63 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 180. (Criminal Code, section 94.) Prima facie evidence of embezzlement.-The refusal of any person, whether in or out of office, charged with the safe-keeping, transfer, or disbursement of the public money to pay any draft, order, or warrant, drawn upon him by the General Accounting Office, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to

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