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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.
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 ftealing nietoa of the United States, shall be deemed guilty of felony, and States deemed on conviction thereof before the districtor 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.
SEC. 2. That if any person shall receive, conceal, or aid in Knowingly ro. concealing, or have, or retain in his possession with intenting, etc., stolen, to convert to his own use or gain, any money, property, rec-4c: property of ord, 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 triod conviction of the principal felon, but if the party has been 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.
before or after conviction of
of discoverer. 5573. Exclusive privileges of discoverer.
SEC. 5570. Whenever any citizen of the United States
Title 72. discovers a deposit of guano on any island, rock, or key, not Claim of United within the lawful jurisdiction of any other government, and States to islande not occupied by the citizens of any other government, and s. 1, v. 11, p. 119.
takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the Presi.
dent, be considered as appertaining to the United States. Notice of dis SEC. 5571. The discoverer shall, as soon as practicable, proof to be fur. 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 possession 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 gov. ernment, before the same shall be considered as appertain
ing to the United States. Completion of 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 adminisApr. 2, 1872, 8. 1, v. 17, p. 48.
trator, 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 discov. ery or any assignment by a discoverer heretofore recognized
by the United States. Exclusive priv. SEC. 5573. The discoverer, or his assigns, being citizens ileges of discov. of the United States, may be allowed, at the pleasure of
Aug. 18, 1856. Congress, the exclusive right of occupying such islands, 8. 2, v. 11, p. 119.
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, tipolox porta rock, or key, except for the use of the citizens of the United July 28, 1866, 6: States, or of persons resident therein. The discoverer, or Apr. 2, 1873, 8.1, his widow, heir, executor, administrator, or assigns, shall v. 17, p. 48.
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. Regulation of SEC. 5575. The introduction of guano from such islands, guano trade.
Aug. 18, 1856, rocks, or keys, shall be regulated as in the coasting-trade 5.8, 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 com- Criminal jurismitted, on any such island, rock, or key, by persons who Ibid., 8. 6. 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.
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 con Right to aban. strued as obliging the United States to retain possession Ibid., 8. 4. of the islands, rocks, or keys, after the guano shall have been removed from the same.
babeas corps. 753. Writs of habeas corpus when prig.
oner is in jail. 754. Application for the writ of babeas
corpus 755. Allowance and direction of the writ. 756. Time of return. 757. Form of return. 758. Body of the party to be produced. 759. Day for bearing. 760. Denial of return, counter-allega.
notice to be served on State attor
to circuit court.
action by State authority void.
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
to issue writs of 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, 8. 1, v. 5, p. SEC. 752. The several justices and judges of the said Power of judge 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.
SEC. 753. The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody prisoner is
jail. 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
Writ of habeas corpus when
the writ of ha. beas corpus.
Allowance and diroction of the writ.
therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, or order, or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations; or unless it is necessary to bring the prisoner into court to
testify. Application for SEC. 754. Application for a writ of habeas corpus shall
be made to the court or justice, or judge authorized to issue Feb. 5, 1867, s. the same, by complaint in writing, signed by the person 1, v. 14, p. 385.
for whose relief it is intended, setting forth the facts concerning the detention of the party restrained, in whose custody he is detained, and by virtue of what claim or authority, if known. The facts set forth in the complaint sball be verified by the oath of the person making the application.
SEC. 755. The court, or justice, or judge to whom such
application is made shall forth with award a writ of habeas Idem.
corpus, unless it appear, from the petition itself that the party is not entitled thereto. The writ shall be directed to
the person in whose custody the party is detained. Time of return. SEC. 756. Any person to whom such writ is directed shall
make due return thereof within three days thereafter, unless the party be detained beyond the distance of twenty miles; and if beyond that distance and not beyond a distance of a hundred miles, within ten days; and if beyond the distance of a hundred miles, within twenty days.
SEC. 757. The person to whom the writ is directed shall certify to the court, or justice, or judge before whom it is
returnable the true cause of the detention of such party. Body of the
SEC. 758. The person making the return shall at the same party to be pro. duced. time bring the body of the party before the judge who
granted the writ. Day for hear.
SEC. 759. When the writ is returned, a day shall be set ing: Idem. for the hearing of the cause, not exceeding five days there
after, unless the party petitioning requests a longer time.
SEC. 760. The petitioner or the party imprisoned or relegations, amend strained may deny any of the facts set forth in the return,
or may allege any other facts that may be material in the
Such denials or allegations shall be under oath. The return and all suggestions made against it may be amended, by leave of the court, or justice, or judge, before or after the same are filed, so that thereby the material facts may
be ascertained. Summary hear SEC. 761. The court, or justice, or judge shall proceed in ing; disposition of party
a summary way to determine the facts of the case, by hearing the testimony and arguments, and thereupon to dispose of the party as law and justice require.
SEC. 762. When a writ of habeas corpus is issued in the volving the law of pations notice case of any prisoner who, being a subject or citizen of a State attorney.
foreign state and domiciled therein, is committed, or congeneral fined, or in custody, by or under the authority or law of
Aug. 29, 1842, v.5, p. 539. any one of the United States, or process founded thereon,
on account of any act done or omitted under any alleged
Form of return.
Denial of return, counter-al.
In cases in.
to be served on
right, title, authority, privilege, protection, or exemption claimed under the commission or order or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations, notice of the said proceeding, to be prescribed by the court, or justice, or judge at the time of granting said writ, shall be served on the attorney-general or other officer prosecuting the pleas of said State, and due proof of such service shall be made to the court, or justice, or judge before the hearing.
SEC. 763. From the final decision of any court, justice, Appeals in or judge inferior to the circuit court, upon an application corpus to circuit for a writ of habeas corpus or upon such writ when issued,
Aug. 29, 1842, an appeal may be taken to the circuit court for the district v. 5, p. 539; Feb. in which the cause is heard :
5, 1867, s. 1, v. 14,
p. 385; Mar. 27, 1. In the case of any person alleged to be restrained of 1868, s. 2, v. 15, his liberty in violation of the Constitution, or of any law or treaty of the United States.
2. In the case of any prisoner who, being a subject or citizen of a foreign state, and domiciled therein, is committed or confined, or in custody by or under the authority or law of the United States, or of any State, or process founded thereon, for or on account of any act done or omitted under any alleged right, title, authority, privilege, protection, or exemption, set up or claimed under the commission, order, or sanction of any foreign state or sovereignty, the validity and effect whereof depend upon the law of nations, or under color thereof.
That section seven hundred and sixty-four of the Revised Mar. 3, 1895. Statutes be amended so that the same sball read as follows:
“From the final decision of such circuit court an appeal Appeals to Su. may be taken to the Supreme Court in the cases described habeas corpus in the preceding section."
23 Stat. L., 437.
Substitute for R. S., seo. 764; R. S., sec. 763; 1891, Mar. 3, ch. 517, P. 901; 114 U. S., 564; 117 U.S., 241; 119 U.S.,586; 121 U.S., 89.
SEC. 765. The appeals allowed by the two preceding sec- Appeals, how tions shall be taken on such terms, and under such regula- Aug. 29, 1842, tions and orders, as well for the custody and appearance 5; 1807
, s. 1v. 14; of the person alleged to be in prison or confined or restrained p. 385. of his liberty, as for sending up to the appellate tribunal a transcript of the petition, writ of habeas corpus, return thereto, and other proceedings, as may be prescribed by the Supreme Court, or, in default thereof, by the court or judge hearing the cause.
SEC. 766. Pending the proceedings or appeal in the cases Ponding promentioned in the three preceding sections, and until final tain cases, action judgment therein, and after final judgment of discharge, by State authorany proceeding against the person so imprisoned or confined or restrained of his liberty, in any State court, or by 1893, a mending or under the authority of any State, for any matter so heard this section. and determined, or in process of being heard and determined, under such writ of habeas corpus, shall be deemed null and void.