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"(5) being an employee of any carrier riding in, on or upon any railroad car, motortruck, steamboat, vessel, aircraft, or other vehicle of such carrier transporting passengers or property in interstate or foreign commerce and having in his custody funds arising out of or accruing from such transportation, embezzle or unlawfully convert to his own use any such funds; shall in each case be fined not more than $5,000 or imprisoned not more than ten years, or both.

"(b) The carrying or transporting of any such money, freight, express, baggage, goods, or property from one State or Territory or the District of Columbia into another State or Territory or the District of Columbia, knowing the same to have been embezzled or stolen, shall constitute a separate offense and subject the offender to the penalties prescribed in subsection (a).

"(c) The term 'interstate or foreign commerce' shall include transportation from one State, Territory, or the District of Columbia to another State, Territory, or the District of Columbia, or to a foreign country, or from a foreign country to any State, Territory, or the District of Columbia.

"(d) The term 'aircraft' shall mean airplane, glider, blimp, balloon, dirigible, helicopter, rocket ship, parachute, or any contrivance used or designed for navigation of or flight in the air.

"(e) The term 'motortruck' shall mean truck, truck-tractor, trailer, semitrailer, automobile, bus, or other vehicle used upon or designed for use upon roads, highways, or streets.

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"(f) The term 'wharf' shall mean dock, quay, pier, or any structure or contrivance designed for the loading or unloading of water craft. (g) Prosecutions under this Act may be instituted in any district wherein the crime shall have been committed, or in which the offender may have taken, removed, brought or been in possession of said money, freight, express, baggage, goods, or property.

"SEC. 2. Nothing herein shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof; and a judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts.

"SEC. 3. To establish the interstate or foreign commerce character of any shipment in any prosecution under this Act the waybill, or other shipping document, of such shipment shall be prima facie evidence of the place from which such shipment was made."

[CHAPTER 15-1ST SESSION]
[H. R. 1778]

AN ACT

To amend the Federal Firearms Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (6) of the first section of the Federal Firearms Act of June 30, 1938 (52 Stat. 1250; U. S. C., title 15, sec. 901 (6)), be, and the same is hereby, amended to read as follows:

"(6) The term 'crime of violence' means murder, manslaughter, rape, mayhem, kidnaping, robbery, burglary, housebreaking; assault with intent to kill, commit rape, or rob; assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year." Approved March 10, 1947.

[PUBLIC LAW 591-79TH CONGRESS]
[CHAPTER 735-2D SESSION]
[S. 496]

AN ACT

To make it a criminal offense for certain escaped convicts to travel
from one State to another.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act making it unlawful for any person to flee from one State to another for the purpose of avoiding prosecution or the giving of testimony in certain cases", approved May 18, 1934 (48 Stat. 782; 18 U. S. C. 408e), be, and it hereby is, amended to read as follows:

"That it shall be unlawful for any person to move or travel in interstate or foreign commerce from any State, Territory, or possession of the United States, or the District of Columbia, with intent either (1) to avoid prosecution, or custody or confinement after conviction for murder, kidnaping, burglary, robbery, mayhem, rape, assault with a dangerous weapon, or extortion accompanied by threats of violence, or attempt to commit any of the foregoing, under the laws of the place from which he flees; or (2) to avoid giving testimony in any criminal proceedings in such place in which the commission of a felony is charged. Any person who violates the provision of this Act shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not longer than five years, or by both such fine and imprisonment. Violations of this Act may be prosecuted only in the Federal judicial district in which the original crime was alleged to have been committed or in which the person was held in custody or confinement."

Approved August 2, 1946.

[CHAPTER 111-1ST SESSION]

[S. 26] AN ACT

To make criminally liable persons who negligently allow prisoners in their custody to escape.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 138 of the Criminal Code (35 Stat. 1113; 18 U. S. C. 244) be, and it hereby is, amended to read as follows:

"Whenever any marshal, deputy marshal, ministerial officer, or other person has in his custody any prisoner by virtue of process issued under the laws of the United States by any court, judge, or commissioner, and such marshal, deputy marshal, ministerial officer, or other person voluntarily suffers such prisoner to escape, he shall be fined not more than $2,000, or imprisoned not more than two years, or both. Whenever any marshal, deputy marshal, ministerial officer, or other person has in his custody any prisoner by virtue of process issued under the laws of the United States by any court, judge, or commissioner, and such marshal, deputy marshal, ministerial officer, or other person negligently suffers such prisoner to escape, he shall be fined not more than $500 or imprisoned not more than one year, or both." Approved June 21, 1947.

[PUBLIC LAW 37-80TH CONGRESS]
[CHAPTER 39-1ST SESSION]
[S. 363]

AN ACT

To amend section 3 of the Act of July 24, 1946 (Public Law 534, Seventy-ninth Congress).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act of July 24, 1946 (Public Law 534, Seventy-ninth Congress, be, and it is hereby, amended to read as follows:

"To establish the interstate or foreign commerce character of any shipment in any prosecution under this Act the waybill, or other shipping document, of such shipment shall be prima facie evidence of the place from which and to which such shipment was made."

Approved April 16, 1947.

[CHAPTER 276-2D SESSION]

[S. 1648]

AN ACT

To authorize the expenditure of income from Federal Prison Industries, Incorporated, for training of Federal prisoners.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the Act of May 27, 1930 (46 Stat. 391; 18 U. S. C. 744 a-h), relating to the training and schooling of prisoners in trades and occupations shall be construed as applying to all inmates of Federal penal and correctional institutions qualified for such training and schooling without regard to their industrial or other assignments. The prison industries fund established by section 4 of the Act of June 23, 1934 (48 Stat. 1211; 18 U. S. C. 744-L), may be employed in paying the expense of such training and schooling within the limits of amounts specifically authorized annually in the Government Corporations Appropriations Act.

Approved May 11, 1948.

(235)

[CHAPTER 719-2D SESSION]

[S. 2621]

AN ACT

Authorizing the extension of the functions and duties of Federal Prison Industries, Incorporated, to military disciplinary barracks.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to the extent and under such terms and conditions as may be agreed upon by the Secretary of Defense, the Attorney General, and the Board of Directors of Federal Prison Industries, Incorporated, the provisions of the Act of May 27, 1930 (ch. 340, 46 Stat. 391; 18 U. S. C. 744a-h); the Act of June 23, 1934 (ch. 736, 48 Stat. 1211; 18 U. S. C. 744i-n); and Executive Order 6917 dated December 11, 1934, shall apply to the industrial employment and training of prisoners convicted by general courts martial and confined in any institution under the jurisdiction of any department or agency comprising the National Military Establishment.

SEC. 2. Transfer by any department or agency comprising the National Military Establishment to Federal Prison Industries, Incorporated, without exchange of funds is authorized of any property or equipment suitable for use in carrying out the functions and performing the duties covered by any agreement entered into under section 1 hereof.

SEC. 3. In addition to the members of the Board of Directors of Federal Prison Industries, Incorporated, authorized by section 2 of the Act of June 23, 1934 (ch. 736, 48 Stat. 1211; 18 U. S. C. 744j), the President shall appoint an additional member of the Board as a representative of the Secretary of Defense. Such additional member shall serve at the will of the President and without compensation.

SEC. 4. For its own use in the industrial employment and training of prisoners and not for transfer or disposition, transfers of surplus property under the Surplus Property Act of 1944 may be made to Federal Prison Industries, Incorporated, without reimbursement or transfer of funds.

Approved June 29, 1948.

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