Chapter LXV. *providing for the Punishment of certain Crimes therein named in the District of Columbia, and for other Purposes.* Feb. 22, 1867. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Penalty for larceny of money or goods and chattels of
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CHAP. LXV.— An Act *providing for the Punishment of certain Crimes therein named in the District of Columbia, and for other Purposes.* Feb. 22, 1867. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Penalty for larceny of money or goods and chattels of the value of $35, or more; That if any person shall steal any money or other personal goods or chattels, the property of another, of the value of thirty-five dollars or upward, the person so offending shall be deemed guilty of larceny, and, upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor not more than three years, nor less than one year.
Sec. 2. for larceny or malicious destruction of notes, bank bills, &c. of said value, with knowledge, &c.; *And be it further enacted, *That if any person shall steal, or maliciously and feloniously destroy any bank bill, promissory note or notes, bill of exchange, order, receipt, warrant, draft, check, or bond, given for the payment of money, or receipt acknowledging the receipt of money or other property, or any government bonds or other securities, or stamps, United States treasury notes, or any public stocks, of the value of thirty-five dollars or upward, knowing the same to be such, any such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be imprisoned in the penitentiary, and kept at hard labor not more than three years, nor less than one year.
Sec. 3. for buying or receiving goods, notes, &c. knowing them to be stolen; *And be it further enacted, *That if any person shall receive or buy any goods, or chattels, or bank bill or bills, or promissory note or notes, bill of exchange, order, receipt, draft, warrant, check, or bond, given for the payment of money, or any government bond, United States treasury note or notes, or other securities, or government stamps, or stocks, of the value of thirty-five dollars, or upwards, which have been stolen, knowing the same to be stolen, with intent to defraud the owners thereof, every person so offending shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be imprisoned in the penitentiary, and kept at hard labor, not more than three [years,] nor less than one year.
Sec. 4. for the larceny, &c. of money, goods, &c. or the malicious destruction of notes, &c. of less value than $35. *And be it further enacted, *That if any person shall steal any money, or other goods and chattels of any kind whatever, of less value than thirty-five dollars, the property of another, or shall steal or maliciously destroy any bank bill, promissory note, bill of exchange, order, warrant, draft, check, or bond, or any accountable receipt for money, given for the payment or acknowledgment of any sum under thirty-five dollars, or any United States treasury note or government stamps of less value THIRTY-NINTH CONGRESS.
Sess. II. Ch. 65. 1867. 407 than thirty-five dollars, the property of another, or shall receive or buyPenalty for receiving or buying the same, knowing them to be stolen, to defraud the owner thereof. the same, knowing the same to be stolen, for the purpose of defrauding the owner thereof, every such person so offending, on conviction thereof, shall make restitution to the party injured in twofold the value of the property stolen or destroyed, and be fined in any sum not exceeding two hundred dollars, or shall be imprisoned in the jail of said District for any time not exceeding six months, or both, at the discretion of the court.Twofold restitution, fine, or imprisonment.Embezzlement.
Sec. 5. *And be it further enacted, *That if any clerk, or servant of any private person, or any copartnership, (except persons within the age of sixteen years.) or any officer, agent, clerk, or servant of any incorporated company, shall embezzle or convert to his own use, or fraudulently take, make way with, or secrete with intent to embezzle or fraudulently convert to his own use, without the assent of his master or employers, any money, goods, rights of action, government bonds, United States treasury notes, or government stamps, or other valuable security or effects whatever, belonging to any other person, which shall come into his possession, or under his care by virtue of such employment or office, he shall, uponPenalty as for larceny. conviction, be punished in the manner prescribed by law for feloniously stealing property of the value of the article or property so embezzled, taken, or secreted, or of the value of any sum of money payable or due upon any right in action so embezzled.
Sec. 6. *And be it further enacted, *That every embezzlement of anyEmbezzlement of evidences of debt executed but not delivered. evidence of debt, negotiable by delivery only, and actually executed by the master or employer of any such clerk, agent, officer, or servant, but not delivered or issued as a valid instrument, shall be deemed an offence within the meaning of the last preceding section. Sec. 7. *And be it further enacted, *That every person who shall buy, orPenalty for knowingly buying or receiving embezzled property; in any way receive any money, goods, rights in action, government bonds, United States treasury notes, or other valuable security or effects whatever, or government stamps, knowing the same to have been embezzled, taken, or secreted, contrary to the provisions of the two last sections, shall, upon conviction, be punished in the same manner, and to the same extent as therein prescribed upon a conviction of a servant, clerk, or agent for such embezzlement.
Sec. 8. *And be it further enacted, *That if any carrier or other person,upon carriers for hire, for taking, converting, &c. property delivered to them for carriage. to whom any goods, money, right in action, or any valuable personal property or effects, shall have been delivered to be transported or carried, for hire, or any person employed in such transportation or carrying, shall, without the assent of his employer, take, embezzle, or convert to his own use, such goods, money, right in action, property or effects, or any part of them, and before delivery of such article at the place or to the person entitled to receive them, he shall, upon conviction, be punished in the manner prescribed by law for feloniously stealing property of the value of the article so taken, embezzled, converted, or secreted.
Sec. 9. *And be it further enacted, *That all persons sentenced to imprisonmentPersons imprisoned in jail may be employed at hard labor. in the jail of said District may be employed at such labor, and under such regulations, as may be prescribed by the supreme court of said District, and the proceeds thereof applied to defray the expenses of the trial and conviction of any such person. Sec. 10. *And be it further enacted, *That it shall be the duty of theRules for the government, discipline, and protection of prisoners in the jail. supreme court of said District to make such rules for the government and discipline of the prisoners confined in said jail as shall be deemed necessary for the health, security, and the protection of said prisoners from cruel treatment by any person in charge thereof.
Sec. 11. *And be it further enacted, *That on the trial of any personDefendant entitled to four peremptory challenges when, &c. charged with a crime, the punishment whereof may be confinement in the penitentiary or District jail, the defendant shall be entitled to four peremptory challenges of jurors. Sec. 12. *And be it further enacted, *That in all criminal trials the said 408 THIRTY-NINTH CONGRESS. Sess. II. Ch. 65, 66, 67, 76. 1867. Court may allow witnesses for defence to be paid as, &c.supreme court, or the judge trying the case, may allow such number of witnesses on behalf of the defendant as may appear necessary, and the fees thereof, with the costs of service, to be paid in the same manner as government witnesses are now paid.
Sec. 13. Repealing clause. *And be it further enacted, *That all laws of said District inconsistent with the provisions of this act be, and the same are hereby, When act takes effect.repealed; and that this act shall take effect from and after its passage. Approved, February 22, 1867.