PUBLIC MONEYS AND ACCOUNTING. 353 



Tliifi is a section of "An act to codify, revise, ami amend the penal 

 laws of the United States," cited above, incorporating therein the pro- 

 visions of Kev. St. sec. 5492, which section is exi»res;sly repealed bv sec- 

 tion VAX of this act. 



Persons affected by five preceding sections. 



Sec. 02. The provisions of the five preceding sections shall be con- 

 itriied to apply to all persons charged Avith the safe-keeping, trans- 

 fer, or disbursement of the public money, whether such persons be 

 indicted as receiver's or depositaries of the same. 



Act March 4, 1909, c. 321, s. 92, 35 Stat. 1105. 



Tills is a section of "An act to codify, revise, and amend the penal 

 laws of the United States," cited above, incorporating therein the pro- 

 visions of Rev. St. sec. 5493, which section is expressly repealed by sec- 

 tion 341 of this act. 



Record evidence of embezzlement. 



Sf.c. 03. Upon the trial of anv indictment against any person for 

 ?mbezzling public money under any provision of the six preceding 

 sections, it shall be sufficient evidence, prima facie, for the purpose of 

 ■howing a balance against such person, to produce a transcript from 

 :he books and proceedings of the Treasury, as required in civil cases, 

 inder the provisions for the settlement of accounts between the United 

 States and receivers of public money. 



Act March 4, 1909, c. 321, s. 93, 35 Stat. 1105. 



This is a. section of "An act to codify, revise, and amend the penal 

 laws of the United States," cited above, incorporating therein the pro- 

 visions of Kev. St. sec. 5494, which section is expressly repealed by section 

 341 of this act. 



Prima facie evidence of embezzlement. '* 



Sec. 94. The refusal of any person, whether in or out of office, 

 harged with the safe-keeping, transfer, or disbursement of the public 

 noney to pay any draft, order, or warrant, drawn upon him by the 

 oroper accounting officer of the Treasury, for any public money in his 

 lands belonging to the United States, no matter in what capacitj' 

 :he same may have been received, or may be held, or to transfer or dis- 

 burse any such money, promptly, upon the legal requirement of an}' 

 luthorized officer, shall be deemed, upon the trial of any indictment 

 igainst such person for embezzlement, prima facie evidence of such 

 embezzlement. 



Act March 4, 1909, c. 321, s. 94, 35 Stat. 1106. 



This is a section of "An act to codify, revise, and amend the penal 

 laws of the United States," cite<l above, incorporating therein the pro- 

 visions of Rev. St. sec. 5495, which section is expressly repealed by section 

 341 of this act. 



Evidence of conversion. 



Sec. 95. If any officer chaiged with the disbursement of the public 

 Honeys, accepts, receives, or transmits to the Treasurj^ Department to 

 36 Hallo wed in his favor any receipt or voucher from a creditor of the 

 United States without having paid to such creditor in such funds as 

 .he officer received for disbursement, or in such funds as he may be 

 luthorized by law to take in exchange, the full amount specified in 

 ;uch receipt or voucher, every such act is an act of convei'sion by such 

 officer to his own u.se of the amount specified in such receipt or 

 roucher. 



Act March 4, 1909, c. 321, s. 95, 35 Stat. 1100. 



71657—13 23 



