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in consideration of having aided or assisted in the prosecution of such claim, shall pay a fine of not more than five thousand dollars, or suffer imprisonment not more than one year, or both.

Member

of

Congress accept

62

R. s.
U. S. v. Kessel,

B. S., 8. 5500. Fed. Rep., 57 ven, 62 Fed. Rep.,

U.S. v. Van Leu

62.

SEC. 69. Whoever being a member of either House of Congress asks, accepts, or receives any money, or any ing bribe. promise, contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value to him or anyone designated by him, either before or after he has been qualified or has taken his seat as such member, with intent to have his vote or decision on any question, matter, cause, or proceeding which may be at any time pending in either House, or before any committee thereof, influenced thereby, shall be punished by a fine not more than three times the amount asked, accepted, or received, and by imprisonment not more than three years.

United States

bribe.

U. S. v. Kessel,

62; Ú. S. v. Boyer,

U. S. v. Ingham,

SEC. 70. Whoever being an officer of the United States, officer accepting or a person acting for or on behalf of the United States, in any official capacity under or by virtue of the authority R. S., s. 5501. of any department or office of the Government thereof; 62 Fed. Rep. 57. and whoever being an officer or person acting for or on von 62 Fed. Rep.. behalf of either House of Congress, or of any committee 85 Fed. Rep., 425; of either house, or of both Houses thereof, asks, accepts, 97 Fed. Rep., 935. or receives any money, or any contract, promise, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may be by law brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be punished as prescribed in the preceding section.

Forfeiture of office.

SEC. 71. Every member, officer, or person, convicted under the provisions of the two preceding sections, who R. S., s. 5502. holds any place of profit or trust, shall forfeit his office or place; and shall thereafter be forever disqualified from holding any office of honor, trust, or profit under the United States.

priation.

SEC. 72. Whoever, being an officer of the Government, officer conknowingly contracts for the erection, repair, or furnishing specific approof any public building, or for any public improvement, R. S., s. 5503. to pay a larger amount than the specific sum appropriated for such purpose, shall be punished by imprisonment not less than six months nor more than two years and shall pay a fine of two thousand dollars.

United States

deposit moneys,

etc.

R. S., s, 5504.

481; U.S. v. Bixby,

10 Biss., 238.

Officers of SEC. 73. Whoever, being a clerk or other officer of a courts failing to court of the United States, fails forthwith to deposit any money belonging in the registry of the court, or hereafter Henry. Sow- paid into court or received by the officers thereof, with les, 28 Fed. Rep., the Treasurer, assistant treasurer, or a designated depositary of the United States, in the name and to the credit of such court, or who retains or converts to his own use or to the use of another any such money, is guilty of embezzlement, and shall be punished by fine not less than five hundred dollars, and not more than the amount embezzled, or by imprisonment not less than one year nor more than ten years, or by both such fine and imprisonment; but nothing herein shall be held to prevent the delivery of any such money upon security, according to agreement, of parties under the direction of the court.

Receiving loan or deposit from

R. S., s. 5505.

SEC. 74. Whoever knowingly receives, from a clerk or officer of court. other officer of a court of the United States, any money belonging in the registry of such court as a deposit, loan, or otherwise, is guilty of embezzlement, and shall be punished as prescribed in the preceding section.

Failure to make returns or ports.

R. S., s. 1780.

re

Taking consideration for

tracts, offices, etc.

R. S., s. 1781.

tis, 106 U. S., 371;

859; 14 A. G. Op., 482.

SEC. 75. Whoever, being an officer, 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 and not less than one hundred dollars.

SEC. 76. Whoever, being a member of Congress or any procuring con-officer or agent of the Government, directly or indirectly takes, receives, or agrees to receive any money, property, Ex parte Cur- or other valuable consideration whatever, from any per1 Comp. Dec., son for procuring or aiding to procure any contract, office, or place from the Government or any Department thereof, or from any officer of the United States, for any person whatever, or for giving any such contract, office, or place to any person whomsoever; and whoever, directly or indirectly, offers or agrees to give, or gives or bestows any money, property, or other valuable consideration whatever, for the procuring or aiding to procure any such contract, office, or place; and whoever, being a member of Congress, directly or indirectly takes, receives, or agrees to receive any money, property, or other valuable consideration whatever after his election as such member, for his attention to, services, action, vote, or decision on any question, matter, cause, or proceeding which may then be pend

ing, or may by law or under the Constitution be brought before him in his official capacity, or in his place as such member of Congress, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars. And any such contract or agreement may, at the option of the President, be declared absolutely null and void; and any member of Congress or officer convicted of a violation of this section shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States.

com

Taking
United States is

pensation in mat-
to which

R. S., s. 1782. Ex parte Curtis, 106 U. S., 371;

18 A. Op.,
1 Comp. Dec., 859.

SEC. 77. No Senator, Representative, or Delegate, after his election and during his continuance in office, and no head of a Department or other officer or clerk in the employ a party. of the Government, shall receive or agree to receive any compensation whatever, directly or indirectly, for any 14 A. G. Op., 482; services rendered or to be rendered to any person, either 13 A: G. OP: 161; by himself or another, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party or directly or indirectly interested, before any Department, court-martial, bureau officer, or any civil, military, or naval commission whatever. Every person offending against this section shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars, and shall, moreover, by conviction therefor, be rendered forever thereafter incapable of holding any office of honor, trust, or profit under the Government of the United States.

ing in obscene

1 Oct., 1890, 26 1244, s. 12, 1 Supp.,

27 Aug., 1894, 28

s. 11, 2 Supp., 310.

SEC. 78. Whoever being an officer, agent, or employe, Aiding in tradof the Government of the United States shall knowingly literature, etc. aid or abet any person engaged in any violation of any of R. S., s. 1785. the provisions of law prohibiting importing, advertising, Stat. L., 568, c. dealing in, exhibiting, or sending or receiving by mail, 860. obscene or indecent publications, or representations, or Stat. L., 509, c.349, means for preventing conception or procuring abortion, 24 July, 1897, 30 or other articles of indecent or immoral use or tendency, s. 17. shall be deemed guilty of a misdemeanor, and shall for liams, 3 Fed. every offense be punishable by a fine of not less than one notes to sec. 185. hundred dollars and not more than five thousand dollars, or by imprisonment at hard labor for not less than one year nor more than ten years, or both.

U. S. v. Wil

Rep., 489;

see

cer forbidden to
trade in public
prop-

funds or
erty.

SEC. 79. Whoever being an officer of the United States Disbursing officoncerned in the disbursement of the revenues thereof carries on any trade or business in the funds or debts of the United States, or of any State, or in any public property 14A.G.Op., 352.

R. S., s. 1788.

Collecting offi

cers forbidden to

property.

R. S., s. 1789.

of either, shall be deemed guilty of a misdemeanor, and punished by a fine of three thousand dollars, and shall, upon conviction, be removed from office, and forever thereafter be incapable of holding any office under the United States.

SEC. 80. Whoever being an officer concerned in the coltrade in public lection of the revenues of the United States carries on any trade or business in any public property of the United 14 A.G.Op., 352. States, or of any State, shall be deemed guilty of a misdemeanor, and punished by a fine of three thousand dollars, and shall, upon conviction, be removed from office, and forever thereafter be incapable of holding any office under the United States.

Members of Congress not to

SEC. 81. No Member of or Delegate to Congress shall be interested in directly or indirectly, himself, or by any other person in contracts. trust for him, or for his use or benefit, or on his account,

R. S., s. 3739.

5 A. G. Op., 697;

2 A. G. Op., 38; undertake, execute, hold, or enjoy, in whole or in part, 15 A. G. Op., 280. any contract or agreement made or entered into in behalf

Penalty against officer for mak

a member of Con

gress.

of the United States, by any officer or person authorized to make contracts on behalf of the United States. Every person who violates this section shall be deemed guilty of a misdemeanor, and shall be fined three thousand dollars. All contracts or agreements made in violation of this section shall be void; and whenever any sum of money is advanced on the part of the United States, in consideration of any such contract or agreement, it shall be forthwith repaid; and in case of refusal or delay to repay the same, when demanded by the proper officer of the Department under whose authority such contract or agreement shall have been made or entered into, every person so refusing or delaying, together with his surety or sureties, shall be forthwith prosecuted at law for the recovery of any such sum of money so advanced.

SEC. 82. Whoever being an officer, on behalf of the ing contract with United States, directly or indirectly makes or enters into any contract, bargain, or agreement in writing or other4 A. G. Op., 47; Wise, with any Member of or Delegate to Congress, shall 15 A. G. Op., 151, be deemed guilty of a misdemeanor, and shall be fined

R. S., s. 3742.

280.

What interest

members of Con

R. S., s. 3740.

three thousand dollars.

SEC. 83. Nothing contained in the two preceding secgress may have. tions shall extend, or be construed to extend, to any contract or agreement, made or entered into, or accepted, by any incorporated company, where such contract or agreement is made for the general benefit of such incorporation

or company; nor to the purchase or sale of bills of exchange or other property by any Member of or Delegate to Congress, where the same are ready for delivery, and payment therefor is made, at the time of making or entering into the contract or agreement.

Falsely certify

record of deeds.

N. Y. Penal Code, s. 162.

SEC. 84. Whoever being an officer or other person ing, etc., as to authorized by any law of the United States to record a conveyance of real property or any other instrument. which by such law may be recorded, knowingly and falsely certifies that such conveyance or instrument has or has not been recorded, shall be fined not more than one thousand dollars, or imprisoned not more than seven years, or both.

Other

certifi

Penal

SEC. 85. Whoever being a public officer or other per- cates. son, being authorized by any law of the United States to N. Y. make or give a certificate or other writing, knowingly Code, s. 163. makes and delivers 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 expressly provided by law, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. SEC. 86. Whoever knowingly accepts or holds any office, Illegally holdunder the United States, or any State, to which he is ineligible under the third section of the fourteenth article of amendment of the Constitution, or attempts to hold or exercise the duties of any such office, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than one year, or fined not more than one thousand dollars, or both.

ing office.

R. S., s. 1787.

U. S. v. Powell, Fed. Cas., 605.

65 N. C., 709, 27

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