$10,000 or imprisoned not more than ten years, or both. (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197.)

DERIVATION

R. S. § 5438, as amended by act May 30, 1908, ch. 235, 35 Stat. 555, which was revised from act Mar. 2, 1863, ch. 67, 12 Stat. 696, 698, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 82. (Criminal Code, section 35 (C).) Purloining, stealing, or injuring property of United States or property manufactured under contract for War or Navy Departments.-Whoever shall take and carry away or take for his use, or for the use of another, with intent to steal or purloin, or shall willfully injure or commit any depredation against, any property of the United States, or any branch or department thereof, or any corporation in which the United States of America is a stockholder, or any property which has been or is being made, manufactured, or constructed under contract for the War or Navy Departments of the United States, shall be punished as follows: If the value of such property exceeds the sum of $50, by a fine of not more than $10,000 or imprisonment for not more than ten years, or both; if the value of such property does not exceed the sum of $50, by a fine of not more than $1,000 or by imprisonment in a jail for not more than one year, or both. Value, as used in this section, shall mean market value or cost price, either wholesale or retail, whichever shall be the greater. (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; April 4, 1938, ch. 69, 52 Stat. 197.)

DERIVATION

R. S. § 5438, as amended by act May 30, 1908, ch. 235, 35 Stat. 555, which was revised from act Mar. 2, 1863, ch. 67, 12 Stat. 696, 698, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 83. (Criminal Code, section 35 (A).) Conspiracy to defraud United States in regard to allowance or payment of false claims.— Whoever shall enter into any agreement, combination, or conspiracy to defraud the Government of the United States, or any department or officer thereof, or any corporation in which the United States of America is a stockholder, by obtaining or aiding to obtain the payment or allowance of any false or fraudulent claim, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197.)

DERIVATION

R. S. § 5438, as amended by act May 30, 1908, ch. 235, 35 Stat. 555, which was revised from act Mar. 2, 1863, ch. 67, 12 Stat. 696, 698, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 88. (Criminal Code, section 37.) Conspiring to commit offense against United States. If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or

more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be fined not more than $10,000, or imprisoned not more than two years, or both. (Mar. 4, 1909, ch. 321, § 37, 35 Stat. 1096.)

DERIVATION

R. S. § 5440, as amended by act May 17, 1879, ch. 8, 21 Stat. 4, which was revised from act Mar. 2, 1867, ch. 169, 14 Stat. 484, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 91. (Criminal Code, section 39.) Bribery of United States officer. Whoever shall promise, offer, or give, or cause or procure to be promised, offered, or given, any money or other thing of value, or shall make or tender any contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, to any officer of the United States, or to any person acting for or on behalf of the United States in any official function, under or by authority of any department or office of the Government thereof, or to any officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or both Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and imprisoned not more than three years. (Mar. 4, 1909, ch. 321, § 39, 35 Stat. 1096.)

DERIVATION

R. S. § 5451, which was revised from acts Feb. 26, 1853, ch. 81, 10 Stat. 171; Mar. 3, 1863, ch. 76, 12 Stat. 740; July 13, 1866, ch. 184, 14 Stat. 168; July 18, 1866, ch. 201, 14 Stat. 186, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 92. (Criminal Code, section 40.) Unlawfully taking or using papers relating to claims.-Whoever shall take and carry away, without authority from the United States, from the place where it has been filed, lodged, or deposited, or where it may for the time being actually be kept by authority of the United States, any certificate, affidavit, deposition, written statement of facts, power of attorney, receipt, voucher, assignment, or other document, record, file, or paper, prepared, fitted, or intended to be used or presented in order to procure the payment of money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such claim, account, or demand, or any part thereof, has or has not already been allowed or paid; or whoever shall present, use, or

attempt to use, any such document, record, file, or paper so taken and carried away, in order to procure the payment of any money from or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, shall be fined not more than $5,000, or imprisoned not more than ten years, or both. (Mar. 4, 1909, ch. 321, § 40, 35 Stat. 1096.)

DERIVATION

R. S. § 5454, which was revised from act Feb. 5, 1867, ch. 26, § 7, 14 Stat. 384, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 93. (Criminal Code, section 41.) Interested persons acting as Government agencies. No officer or agent of any corporation, joint-stock company, or association, and no member or agent of any firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation, joint-stock company, association, or firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation, joint-stock company, association, or firm. Whoever shall violate the provision of this section shall be fined not more than $2,000 and imprisoned not more than two years. (Mar. 4, 1909, ch. 321, § 41, 35 Stat. 1097.)

DERIVATION

R. S. § 1783, which was revised from act Mar. 2, 1863, ch. 67, 12 Stat. 698, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 99. (Criminal Code, section 46.) Robbery of personal property of United States.-Whoever shall rob another of any kind or description of personal property belonging to the United States, or shall feloniously take and carry away the same, shall be fined not more than $5,000, or imprisoned not more than ten years, or both. (Mar. 4, 1909, ch. 321, § 46, 35 Stat. 1097.)

DERIVATION

R. S. § 5456, which was revised from act Mar. 2, 1867, ch. 193, 14 Stat. 557 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 100. (Criminal Code, section 47.) Embezzling public moneys or other property.-Whoever shall embezzle, steal, or purloin any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, shall be fined not more than $5,000, or imprisoned not more than five years or both. (Mar. 4, 1909, ch. 321, § 47, 35 Stat. 1097.)

DERIVATION

Act Mar. 3, 1875, ch. 144, 18 Stat. 479, which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 101. (Criminal Code, section 48.) Receiving stolen public property. Whoever shall receive, conceal, or aid in concealing, or shall have or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or purloined by any other person, knowing the

same to have been so embezzled, stolen, or purloined, shall be fined not more than $5,000, or imprisoned not more than five years, or both; and such person may be tried either before or after the conviction of the principal offender. (Mar. 4, 1909, ch. 321, § 48, 35 Stat. 1098.)

DERIVATION

Act Mar. 3, 1875, ch. 144, § 2, 18 Stat. 479, which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 102. Stealing, defacing, etc., books, pamphlets, or manuscripts in Library of Congress or other public libraries.-Any person who shall steal, wrongfully deface, injure, mutilate, tear, or destroy any book, pamphlet, or manuscript, or any portion thereof, belonging to the Library of Congress, or to any public library in the District of Columbia, whether the property of the United States or of any individual or corporation in said district, or who shall steal, wrongfully deface, injure, mutilate, tear, or destroy any book, pamphlet, document, manuscript, print, engraving, medal, newspaper, or work of art, the property of the United States, shall be held guilty of a misdemeanor, and, on conviction thereof, shall, when the offense is not otherwise punishable by some statute of the United States, be punished by a fine not less than $10 nor more than $1,000, and by imprisonment for not less than one nor more than twelve months, or both, for every such offense. (June 19, 1878, ch. 317, 20 Stat. 171.)

§ 103. (Criminal Code, section 49.) Timber depredations on public lands; rights of entrymen.-Whoever shall cut, or cause or procure to be cut, or shall wantonly destroy, or cause to be wantonly destroyed, any timber growing on the public lands of the United States; or whoever shall remove, or cause to be removed, any timber from said public lands, with intent to export or to dispose of the same; or whoever, being the owner, master, or consignee of any vessel, or the owner, director, or agent of any railroad, shall knowingly transport any timber so cut or removed from said lands, or lumber manufactured therefrom, shall be fined not more than $1,000, or imprisoned not more than one year, or both. Nothing in this section shall prevent any miner or agriculturist from clearing his land in the ordinary working of his mining claim, or in the preparation of his farm for tillage, or from taking the timber necessary to support his improvements, or the taking of timber for the use of the United States. And nothing in this section shall interfere with or take away any right or privilege under any existing law of the United States to cut or remove timber from any public lands. (Mar. 4, 1909, ch. 321, § 49, 35 Stat. 1098.)

DERIVATION

Act June 3, 1878, ch. 151, § 4, 20 Stat. 90, as amended by act Aug. 4, 1892, ch. 375, § 2, 27 Stat. 348, which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 104. (Criminal Code, section 50.) Timber depredations on public lands; Indian lands or trust allotments.-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 $500, or imprisoned not more than one year, or both. (Mar. 4, 1909, ch. 321, § 50, 35 Stat. 1098; June 25, 1910, ch. 431, § 6, 36 Stat. 857.)

DERIVATION

R. S. § 5388, as amended by act June 4, 1888, ch. 340, 25 Stat. 166, which was revised from act Mar. 3, 1859, ch. 78, 11 Stat. 408 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

Act Mar. 3, 1875, ch. 151, § 1, 18 Stat. 481, which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 105. (Criminal Code, section 51.) Boxing trees for turpentine. 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 $500, or imprisoned not more than one year, or both. (Mar. 4, 1909, ch. 321, § 51, 35 Stat. 1098.)

DERIVATION

Act June 4, 1906, ch. 2571, 34 Stat. 208, which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 106. (Criminal Code, section 52.) Setting fire to timber or other inflammable material on public, etc., lands.-Whoever shall willfully and without authority so to do set on fire or cause to be set on fire any timber, underbrush, or grass or other inflammable material upon the public domain or upon any lands owned or leased by or under the partial, concurrent, or exclusive jurisdiction of the United States which are included in a park, forest, monument, historical park, military park, battlefield site, parkway, recreational area, seashore, lake shore, cemetery, recreational demonstration project, wildlife refuge, grazing district, or stock driveway, or upon any land title to which was revested in the United States under the Act of June 9, 1916 (ch. 137, 39 Stat. 218), or upon any land reconveyed to the United States under the Act of February 26, 1919 (ch. 47, 40 Stat. 1179), or upon any lands owned by the United States and under the jurisdiction of the Forest Service or the Bureau of Animal Industry or administered under sections 1010-1012 of Title 7, or upon any lands under contract for purchase or for the acquisition of which con