In prosecution for receiving and concealing | ing government property stolen from fort, stolen public property, assistant post quarter- where assistant post quartermaster testified master's testimony that monthly inventories that during times mentioned he had socks exshowed large shortages of government prop- actly similar in workmanship, material, and erty from fort held properly admitted over appearance to allegedly stolen socks comprisobjection that it was not best evidence; "in- ing exhibits in case, cross-examiner's question ventory" being merely a count, and there be- asking whether certain socks, admittedly not ing nothing to indicate that witness referred stolen, appeared to be same as exhibits, held to written inventory (Cr. Code sec. 48, 18 properly excluded as invading province of U. S. C. A. sec. 101). Id. jury (Cr. Code sec. 48, 18 U. S. C. A. sec. 101). Id.

In prosecution for receiving and conceal

820. Timber depredations on public lands (Criminal Code, sec. 50).-Whoever shall unlawfully cut, or aid in unlawfully cutting, or shall wantonly injure or destroy, or procure to be wantonly injured or destroyed, any tree, growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. Sec. 50, act of Mar. 4, 1909 (35 Stat. 1098); sec. 6, act of June 25, 1910 (36 Stat. 857); 18 U. S. C. 104.

821. Boxing trees for turpentine (Criminal Code, sec. 51).-Whoever shall cut, chip, chop, or box any tree upon any lands belonging to the United States, or upon any lands covered by or embraced in any unperfected settlement, application, filing, entry, selection, or location, made under any law of the United States, for the purpose of obtaining from such tree any pitch, turpentine, or other substance, or shall knowingly encourage, cause, procure, or aid in the cutting, chipping, chopping, or boxing of any such tree, or shall buy, trade for, or in any manner acquire any pitch, turpentine, or other substance, or any article or commodity made from any such pitch, turpentine, or other substance, when he has knowledge that the same has been so unlawfully obtained from such trees, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. Sec. 51, act of Mar. 4, 1909 (35 Stat. 1098); 18 U. S. C. 105.

822. Breaking inclosure of reserved lands (Criminal Code, sec. 56).-Whoever shall knowingly and unlawfully break, open, or destroy any gate, fence, hedge, or wall inclosing any lands of the United States which, in pursuance of any law, have been reserved or purchased by the United States for any public use, or whoever shall drive any cattle, horses, hogs, or other livestock upon any such lands for the purpose of destroying the grass or trees on said lands, or where they may destroy the said grass or trees; or whoever shall knowingly permit his cattle, horses, hogs, or other livestock, to enter through any such inclosure upon any such lands of the United States, where such cattle, horses, hogs, or other livestock may or can destroy the grass or trees or other property of the United States on the said lands, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both: Provided, That nothing in this section shall be construed to apply to unreserved public lands. Sec. 56, act of Mar. 4, 1909 (35 Stat. 1099); 18 U. S. C. 110.

823. Removal of marks of surveys (Criminal Code, sec. 57).-Whoever shall willfully destroy, deface, change, or remove to another place any section corner, quarter-section corner, or meander post, on any Government line of survey, or shall willfully cut down any witness tree or any tree blazed to mark the line of

a Government survey, or shall willfully deface, change, or remove any monument or bench mark of any Government survey, shall be fined not more than two hundred and fifty dollars, or imprisoned not more than six months, or both. Sec. 57, act of Mar. 4, 1909 (35 Stat. 1099); 18 U. 8. C. 111.

824. Injury to telegraph systems (Criminal Code, sec. 60).-Whoever shall willfully or maliciously injure or destroy any of the works, property, or material of any telegraph, telephone, or cable line, or system, operated or controlled by the United States, whether constructed or in process of construction, or shall willfully or maliciously interfere in any way with the working or use of any such line, or system, or shall willfully or maliciously obstruct, hinder, or delay the transmission of any communication over any such line, or system, shall be fined not more than one thousand dollars, or imprisoned not more than three years, or both. Sec. 60, act of Mar. 4, 1909 (35 Stat. 1099); 18 U. S. C. 116.

824a. Forging or counterfeiting Government transportation requests.-That 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. Sec. 1, act of Dec. 11, 1926 (44 Stat. 917) ; 18 U. S. C. 146.

That 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. Sec. 2, act of Dec. 11, 1926 (44 Stat. 918) ; 18 U. S. C. 147.

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 this Act. Sec. 3, act of Dec. 11, 1926 (44 Stat. 918); 18 U. S. C. 148.

825. Extortion (Criminal Code, sec. 85).-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 five hundred dollars, or imprisoned not more than one year, or both. Sec. 85, act of Mar. 4, 1909 (35 Stat. 1104); 18 U. S. C. 171.

826. Requiring receipt for a sum larger than paid (Criminal Code, sec. 86).-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. Sec. 86, act of Mar. 4, 1909 (35 Stat. 1105); 18 U. S. C. 172.

827. Conversion by a disbursing officer (Criminal Code, sec. 87).-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 Assistant 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. Sec. 87, act of Mar. 4, 1909 (35 Stat. 1105); 18 U. S. C. 173.

828. Unlawful use of public moneys by custodians (Criminal Code, sec. 89).Every officer or other person charged by any Act of Congress with the safekeeping 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. Sec. 89, act of Mar. 4, 1909 (35 Stat. 1105); 18 U. S. C. 175.

See also 1682, post.

829. Failure to render accounts (Criminal Code, sec. 90).-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 money embezzled and imprisoned not more than ten years. Sec. 90, act of Mar. 4, 1909 (35 Stat. 1105); 18

U. S. C. 176.

830. Failure to deposit public money (Criminal Code, sec. 91).—Whoever, having money of the United States in his possession or under his control, shall fail to deposit it with the Treasurer, or some assistant 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 accounting officers of the Treasury, 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. Sec. 91, act of Mar. 4, 1909 (35 Stat. 1105); 18 U. S. C. 177.

831. General liability for public money (Criminal Code, sec. 92).—The provisions of the five preceding sections 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. Sec. 92, act of Mar. 4, 1909 (35 Stat. 1105); 18 U. S. C. 178.

832. Record evidence of embezzlement (Criminal Code, sec. 93).-Upon the trial of any indictment against any person for embezzling public money under any provision of the six preceding sections, 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 Treasury, as required in civil cases, under the provisions for the settlement of accounts between the United States and receivers of public money. Sec. 93, act of Mar. 4, 1909 (35 Stat. 1105); 18 U. S. C. 179.

833. Prima facie evidence of embezzlement (Criminal Code, sec. 94). 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 proper accounting officer of the Treasury, 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 transfer or disburse any such money, promptly, upon the legal requirement of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, prima facie evidence of such embezzlement. Sec. 94, act of Mar. 4, 1909 (35 Stat. 1106); 18 U. S. C. 180.

834. Evidence of conversion (Criminal Code, sec. 95).—If any officer charged with the disbursement of the public moneys accepts, receives, or transmits 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 officer received for disbursement, or in such funds as he may be authorized by law to take in exchange, the full amount specified in such receipt or voucher, every such act is an act of conversion by such officer to his own use of the amount specified in such receipt or voucher. Sec. 95, act of Mar. 4, 1909 (35 Stat. 1106); 18 U. S. C. 181.

835. Embezzlement by internal revenue officer (Criminal Code, sec. 97).—Any officer connected with, or employed in, the Internal Revenue Service of the United States, and any assistant of such officer, who shall embezzle or wrong. fully convert to his own use any money or other property of the United States. and any officer of the United States, or any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or property which may have come into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or assistant, whether the same shall be the money or property of the United States or of some other person or party, shall, where the offense is not otherwise punishable by some statute of the United States, be fined not more than the value of the money and property thus embezzled or converted, or imprisoned not more than ten years, or both. Scc. 97, act of Mar. 4, 1909 (35 Stat. 1106); 18 U. S. C. 183.

836. Officer contracting beyond specific appropriation (Criminal Code, sec. 98).— Whoever, being an officer of the United States, shall knowingly contract for the erection, repair, or furnishing of any public building, or for any public improvement, to pay a larger amount than the specific sum appropriated for such purposes, shall be fined not more than two thousand dollars and imprisoned not more than two years. Sec. 98, act of Mar. 4, 1909 (35 Stat. 1106); 18 U.S. C. 184.

837. Failure to make returns or reports (Criminal Code, sec. 101).—Every officer who neglects or refuses to make any return or report which he is required to make at stated times by any Act of Congress or regulation of the Department of the Treasury other than his accounts, within the time prescribed by such act or regulation, shall be fined not more than one thousand dollars. Sec. 101, act of Mar. 4, 1909 (35 Stat. 1107); 18 U. S. C. 188.

837a. False entries in public records.-That whoever, being an officer, clerk, agent, or other person holding any office or employment under the Government of the United States and, being charged with the duty of keeping accounts or records of any kind, shall, with intent to deceive, mislead, injure, or defraud the United States or any person, make in any such account or record any false or fictitious entry or record of any matter relating to or connected with his duties, or whoever with like intent shall aid or abet any such officer, clerk, agent, or other person in so doing; or whoever, being an officer, clerk, agent, or other person holding any office or employment under the Government of the United States and, being charged with the duty of receiving, holding, or paying over moneys or securities to, for, or on behalf of the United States, or of receiving or holding in trust for any person any moneys or securities, shall, with like intent, make a false report of such moneys or securities, or whoever with like intent shall aid or abet any such officer, clerk, agent, or other person in so doing, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. Act of Mar. 4, 1911 (36 Stat. 1355); 18 U. S. C. 189.

838. Trading in public funds or property (Criminal Code, sec. 103).---Whoever, being an officer of the United States concerned in the collection or the disbursement of the revenues thereof, shall carry on any trade or business in the funds or debts of the United States, or of any State, or in any public property of either, shall be fined not more than three thousand dollars, or imprisoned not more than one year, or both, and be removed from office, and thereafter be incapable of holding any office under the United States. Sec. 103, act of Mar. 4, 1909 (35 Stat. 1107); 18 U. S. C. 192.

839. Making false certificate (Criminal Code, sec. 106).-Whoever, being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, shall knowingly make and deliver as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. Sec. 106, act of Mar. 4, 1909 (35 Stat. 1107); 18 U. S. C. 195.

840. Prosecution of claims against the United States (Criminal Code, sec. 109). Whoever, being an officer of the United States, or a person holding any place of trust or profit, or discharging any official function under, or in connection with, any executive department of the Government of the United States, or under the Senate or House of Representatives of the United States, shall act 136307-40-25