Chapter CXXII. to regulate and secure the Safe-Keeping of public Money intrusted to Disbursing Officers of the United States
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CHAP. CXXII.— An Act to regulate and secure the Safe-Keeping of public Money intrusted to Disbursing Officers of the United States.June 14, 1866. *Be it enacted by the Senate and House of Representatives of the UnitedDisbursing officers to deposit public moneys with the treasurer or some assistant treasurer,to draw only as required.Transfers to be by draft. States of America in Congress assembled,* That from and after the passage of this act it shall be the duty of every disbursing officer of the United States having any public money intrusted to him for disbursement, to deposit the same with the treasurer or some one of the assistant treasurers of the United States, and to draw for the same only as it may be required for payments to be made by him in pursuance of law; and all transfers from the treasury of the United States to a disbursing officer shall be by draft or warrant on the treasury or an assistant treasurer of the United States: *Provided,* That in places where there is no treasurer nor assistantDeposits where to be made, if there is no treasurer or assistant. treasurer of the United States, the Secretary of the Treasury may, when he deems it essential to the public interest, specially authorize in writing the deposit of such public money in any other public depository, or, in writing, authorize the same to be kept in any other manner, and under such rules and regulations as he may deem most safe and effectual to facilitate the payments to public creditors.
Sec. 2. *And be it further enacted,* That if any disbursing officer of the65THIRTY-NINTH CONGRESS. Sess. I. Ch. 122, 123. 1866. United States shall deposit any public money intrusted to him in anyDepositing public money, or converting, or loaning, or drawing, or transferring the same except as authorized, to be embezzlement. place or in any manner, except as authorized by law, or shall convert to his own use in any way whatever, or shall loan, with or without interest, or shall for any purpose not prescribed by law withdraw from the treasurer or any assistant treasurer, or any authorized depository, or shall for any purpose not prescribed by law transfer or apply any portion of the public money intrusted to him, every such act shall be deemed and adjudged an embezzlement of the money so deposited, converted, used, loaned, withdrawn, transferred, or applied, and every such act is hereby declared a felony, and upon conviction thereof shall be punished by imprisonmentPenalty. for a term not less than one year nor more than ten years, or by fine not more than the amount embezzled nor less than one thousand dollars, or by both such fine and imprisonment, at the discretion of the court.
Sec. [3.] *And be it further enacted,* That if any banker, broker, or anyKnowingly receiving from any disbursing officer or collector, any public money on deposit, or on a loan, or using such money for any unauthorized purpose, or aiding in so doing, to be deemed embezzlement. person, not an authorized depositary of public moneys, shall knowingly receive from any disbursing officer, or collector of internal revenue, or other agent of the United States any public money on deposit or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States; or shall use, transfer, convert, appropriate or apply any portion of the public money for any purpose not prescribed by law; or shall counsel, aid, or abet any disbursing officer or collector of internal revenue or other agent of the United States in so doing, every such act shall be deemed and adjudged an embezzlement of the money so deposited, loaned, transferred, used, converted, appropriated, or applied; and any president, cashier, teller,Punishment of officers of banks for violating this act. director, or other officer of any bank or banking association who shall violate any of the provisions of this act shall be deemed and adjudged guilty of embezzlement of public money, and punished as provided in section two of this act.
Approved, June 14, 1866.