SEC. 5435. Every person who falsely personates any true and lawful holder of any share or sum in the public stocks or debt of the United States, or any person entitled to any annuity, dividend, pension, prize-money, wages, or other debt due from the United States, and, under color of such false personation, transfers or endeavors to transfer such public stock or any part thereof, or receives or endeavors to receive the money of such true and lawful holder thereof, or the money of any person really entitled to receive such annuity, dividend, pension, prize-money, wages, or other debt, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. False personapublic stocks. Mar. 3, 1825, 8. 18, v. 4, p. 120. tion of holder of False demand on fraudulent ney. SEC. 5436. Every person who knowingly or fraudulently demands or endeavors to obtain any share or sum in the power of attor public stocks of the United States, or to have any part "Ibid. thereof transferred, assigned, sold, or conveyed, or to have any annuity, dividend, pension, prize-money, wages, or other debt due from the United States, or any part thereof, received or paid by virtue of any false, forged, or counterfeited power of attorney, authority, or instrument, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. false Mar. 2, 1863, ss. 1,3, v. 12, pp. 696, See secs. 3490, SEC. 5438. Every person who makes or causes to be Making or presenting made, or presents or causes to be presented, for payment claims. or approval, to or by any person or officer in the civil, military, or naval service of the United States, any claim 698. upon or against the Government of the United States, or 3491, under any Department or officer thereof, knowing such claim to Clainis. 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, or who, having charge, possession, custody, or control of any money or other public property used or to be used in the military or naval service, who, with intent to defraud the United States or willfully to conceal such money or other property, delivers or causes to be delivered, to any other person having authority to receive the same, any amount of such money or other property less than that for which he received a certificate or took a receipt, and every person authorized to make or deliver any certificate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing, or other property so used or to be used, who makes or delivers the same to any other person without a full knowledge of the truth of the facts stated therein, and with intent to defraud the United States, and every person who knowingly purchases or receives in pledge for any obligation or indebtedness from any soldier, officer, sailor, or other person called into Embezzling arms, stores, etc. Ibid. May 17, 1879. or employed in the military or naval service any arms, equipments, ammunition, clothes, military stores, or other public property, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same, 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. SEC. 5439. Every person who steals or embezzles, or knowingly applies to his own use, or who unlawfully sells, conveys, or disposes of, any ordnance, arms, ammunition, clothing, subsistence stores, money, or other property of the United States, furnished or to be used for the military or naval service, shall be punished as prescribed in the preceding section. That section fifty-four hundred and forty of the Revised 21 Stat. L., 4. Statutes of the United States of America be amended so All parties to conspiracy liable as to read as follows: for act of one. R. S., sec. 5440; ell, 266; 11 Substitute for If two or more persons conspire either to commit any 100 U. S., 33; 127 offense against the United States or to defraud the United U.S., 749; 1Low: States in any manner or for any purpose, and one or more Blatch., 168; 16 of such parties do any act to effect the object of the conBlatch., 15, 21; 2 spiracy all the parties to such conspiracy shall be liable to a penalty of not more than ten thousand dollars, or to imprisonment for not more than two years or to both fine and imprisonment in the discretion of the court. Woods, 175, 749. frauding captor Delaying or de- SEC. 5441. Every person who willfully does any act or or claimant, etc., aids or advises in the doing of any act relating to the of prize prop bringing in, custody, preservation, sale, or other disposiJune 30, 1864, s. tion of any property captured as prize, or relating to any See secs. 4613- documents or papers connected with the property, or to any erty. 31, v. 13, p. 315. 4652, Prize. Robbery or larceny of personal United States. property of the Mar. 2, 1867, ch. 193, v. 14, p. 557. Counterfeiting bid, bond, etc. Feb. 27, 1877, ch. deposition or other document or paper connected with the proceedings, with intent to defraud, delay, or injure the United States or any captor or claimant of such property, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment not more than five years, or both. SEC. 5456. Every person who robs another of any kind or description of personal property belonging to the United States, or feloniously takes and carries away the same, shall be punished by a fine of not more than five thousand dollars, or by imprisonment at hard labor not less than one nor more than ten years, or by both such fine and impris onment. SEC. 5479. If any person shall falsely make, alter, forge, June 8, 1872, s. or counterfeit, or cause or procure to be falsely made, 294, v. 17, P.320; altered, forged, or counterfeited, or willingly aid, or assist 69, v. 19, p. 253. in the false making, altering, forging, or counterfeiting, any See sec. 5418. bond, bid, proposal, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or shall utter or publish as true, or cause to be uttered or published as true, any such false, forged, altered, or counterfeited bond, bid, proposal, guarantee, security, official bond, public record, affidavit, or other writing, for the purpose of defrauding the United States, knowing the same to be false, forged, altered, or counterfeited; or shall transmit to, or present at, or cause to or procure to be transmitted to, or presented at, the office of any officer of the United States, any such false, forged, altered, or counterfeited bond, bid, proposal, guarantee, security, official bond, public record, affidavit, or other writing, knowing the same to be false, forged, altered, or counterfeited, for the purpose of defrauding the United States, shall be punishable by a fine of not more than one thousand dollars, or by imprisonment at hard labor for not more than ten years, or by both such punishments. from United That any person who shall embezzle, steal, or purloin any Mar. 3, 1875. money, property, record, voucher, or valuable thing what- Embezzling, ever, of the moneys, goods, chattels, records, or property stealing, etc., of the United States, shall be deemed guilty of felony, and States deemed on conviction thereof before the district or circuit court of the felony; penalty. United States in the district wherein said offense may have been committed, or into which he shall carry or have in possession of said property so embezzled, stolen, or purloined, shall be punished therefor by imprisonment at hard labor in the penitentiary not exceeding five years, or by a fine not exceeding five thousand dollars, or both, at the discretion of the court before which he shall be convicted. Knowingly re ceiving, concealing, etc., stolen, etc., property of the United SEC. 2. That if any person shall receive, conceal, or aid in concealing, or have, or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever, of the moneys, States; penalty. goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or purloined from the United States by any other person, knowing the same to have been so embezzled, stolen, or purloined, such person shall, on conviction before the circuit or district court of the United States in the district wherein he may have such property, be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion of the court before which he shall be convicted; and such receiver may be tried either before or after the May be tried conviction of the principal felon, but if the party has been conviction of convicted, then the judgment against him shall be conclusive principal. evidence in the prosecution against such receiver that the property of the United States therein described has been embezzled, stolen, or purloined. Sec. GUANO ISLANDS. 5570. Claim of United States to islands. 5571. Notice of discovery, and proofs to be furnished. 5572. Completion of proof in case of death of discoverer. 5573. Exclusive privileges of discoverer. Sec. 5574. Restrictions upon exportation. 5577. Employment of land and naval 5578. Right to abandon island. before or after Title 72. SEC. 5570. Whenever any citizen of the United States discovers a deposit of guano on any island, rock, or key, not Claim of United within the lawful jurisdiction of any other government, and Aug. 18, 1856, not occupied by the citizens of any other government, and s. 1, v. 11, p. 119. States to islands, Notice of dis proofs to be fur nished. Ibid. takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the President, be considered as appertaining to the United States. SEC. 5571. The discoverer shall, as soon as practicable, covery, and give notice, verified by affidavit, to the Department of State, of such discovery, occupation, and possession, describing the island, rock, or key, and the latitude and longitude thereof, as near as may be, and showing that such posses sion was taken in the name of the United States; and shall furnish satisfactory evidence to the State Department that such island, rock, or key was not, at the time of the discovery thereof, or of the taking possession and occupation thereof by the claimants, in the possession or occupation of any other government or of the citizens of any other government, before the same shall be considered as appertaining to the United States. Completion of death of discov erer. Apr. 2, 1872, 8. 1, v. 17, p. 48. SEC. 5572. If the discoverer dies before perfecting proof proof in case of of discovery or fully complying with the provisions of the preceding section, his widow, heir, executor, or administrator, shall be entitled to the benefits of such discovery, upon complying with the provisions of this Title; but nothing herein shall be held to impair any rights of discovery or any assignment by a discoverer heretofore recognized by the United States. Exclusive priv. ileges of discov erer. 8. 2, v. 11, p. 119. SEC. 5573. The discoverer, or his assigns, being citizens of the United States, may be allowed, at the pleasure of Aug. 18, 1856, Congress, the exclusive right of occupying such islands, rock, or keys, for the purpose of obtaining guano, and of selling and delivering the same to citizens of the United States, to be used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship's tackle, a sum not exceeding eight dollars per ton for the best quality, or four dollars for every ton taken while in its native place of deposit. Restrictions SEC. 5574. No guano shall be taken from any such island, upon exporta rock, or key, except for the use of the citizens of the United July 28, 1866, s. States, or of persons resident therein. The discoverer, or Apr. 2, 1873, 8.1, his widow, heir, executor, administrator, or assigns, shall 3, v. 14, p. 328; v. 17, p. 48. Regulation of guano trade. enter into bond, in such penalty and with such sureties as may be required by the President, to deliver the guano to citizens of the United States, for the purpose of being used therein, and to none others, and at the price prescribed, and to provide all necessary facilities for that purpose within a time to be fixed in the bond; and any breach of the provisions thereof shall be deemed a forfeiture of all rights accruing under and by virtue of this Title. This section shall, however, be suspended in relation to all persons who have complied with the provisions of this Title, for five years from and after the fourteenth day of July, eighteen hundred and seventy-two. SEC. 5575. The introduction of guano from such islands, Aug. 18, 1856, rocks, or keys, shall be regulated as in the coasting-trade 8.3, v. 11, p. 120. between different parts of the United States, and the same laws shall govern the vessels concerned therein. SEC. 5576. All acts done, and offenses or crimes committed, on any such island, rock, or key, by persons who may land thereon, or in the waters adjacent thereto, shall be deemed committed on the high seas, on board a merchant-ship or vessel belonging to the United States; and shall be punished according to the laws of the United States relating to such ships or vessels and offenses on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys. Criminal jurisdiotion. Ibid., s. 6. SEC. 5577. The President is authorized, at his discretion, Employment to employ the land and naval forces of the United States forces. to protect the rights of the discoverer or of his widow, Ibid., s. 5. heir, executor, administrator, or assigns. SEC. 5578. Nothing in this Title contained shall be construed as obliging the United States to retain possession of the islands, rocks, or keys, after the guano shall have been removed from the same. Right to abandon islands. Ibid., s. 4. SEC. 751. The Supreme Court and the circuit and dis- Title 13,chap. 13. trict courts shall have power to issue writs of habeas Power of courts corpus. said to issue writs of habeas corpus. Sept. 24, 1789, 8. 14, v. 1, p. 81; Apr. 10, 1869, s. 2, v. 16, p. 44; Mar. 2, 1833, s. 7, v. 4, p. 634; Feb. 5, 1867, s. 1, v. 14, p. 385; Aug. 29, 1842, s. 1, v. 5, p. 539. Power of judges to grant writs of Idem. SEC. 752. The several justices and judges of the courts, within their respective jurisdictions, shall have habeas corpus. power to grant writs of habeas corpus for the purpose of an inquiry into the cause of restraint of liberty. Writ of habeas jail. Idem. SEC. 753. The writ of habeas corpus shall in no case corpus when extend to a prisoner in jail, unless where he is in custody prisoner is in under or by color of the authority of the United States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States, or of an order, process, or decree of a court or judge thereof; or is in custody in violation of the Constitution or of a law or treaty of the United States; or, being a subject or citizen of a foreign state, and domiciled |