12 Stat. 696 False Claims Act

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696 THrRTY-SEVENTH OONGRESS zss. DI. "Cn 59.41, 67. 1868.

eighteen hundred and sixty-three, and for the fiscal year ending Junethirty, eighteen hundred and sixty-four, is ereby appropriated therefor.

'Construction of Sno. 8. And be itjfther ena t That nothing contained in the third1MI,.d.2- 18. section of an act entitled "An act making supplemental appropriationsAt . for the year ending June thirty, eighteen hundred and sixty-three, and

for the year ending June thirty, eighteen hundred and sixty-two, and for

other purposes," approved July sixteen, eighteen hundred and sixty-two,shall be construed to increase the salaries of the Superintendent of theCensus or the Assistant Postmasters-General.

APPROVzD, February 25 , 1868.

Feb. 2, 8. Cs". LM -An Adt .premat Cmwpondmo h Reb.. Be it enaced d e Senate and Houwof tepemstatives of the United

Corresponde'ne States of Ametia in COnges pese d That if any person, being awritten or verba4 resident of the United States, or being a citizen thereof, and residing in

ie!,tor 0 any foreign country, shall, without the permission or authority of the

agents or personsGovernment of the United States, and with the intent to defeat the meas-ho- w un ures of the said Government, or to weaken in ny way their eflicacy,hold or commence, directly -or indirectly, any correspondence or inter--

course, written or verbal, with the present pretended rebel Government,or with any officer or agent thereof, or th h any other individual acting orsympathizing therewith; or if an y such person above mentioned, nOt

duly authorized, shall counsel or assist in any such correspondence orintercourse, with intent as aforesaid, he shall be deemed guilty of a high

misdemeanor, and, on conviction before any court of the United Stateshaving juridiction thereof, shall be punished by a fine not exceeding te n

thousand dollars, and by imprisonment not less than six months norexceeding five years.

In what cout Szo. . And be i9tfr r enacted, That where the offence is committedofnce to be in any foreign country, the district court of the United States for the

district where the offender shall be first arrested shall have jurisdictonthereoE

APpaovw, February 25, 1868.

Feb. 2N,1868 CAp. LIL - An Act to amsend =m ct sadtAe "1AnAct to peven Mmbe of COW-

ises, ~ r and.o.- ofthe Govmentn of th tdo teOfim akin Consdemtion for18% h 10 *O g Cracts,Ojie, or Plae oma the Unftel ates,and fo&othe Pwapoaw"Be it enactedhby &nate and House of Representatives of the UnitedContats 1wm Staes,of America in Oongress assembled, That the provisions of 'said act

goveamnt. shall be so construed as to embrace any agent of the Government of theUnited States.

APPROVzD, .February 25, 1868.

March 2,163. Ca . LXVI. rAn Ad to pvt and pwh Frd nn tde Govement of the

United StaIMs

Be it enacted bygo &Sate and Hows of Represeatives of the UnitdPersons in ma.Ska of America in ngres asembld, That any person in the land or

tta7 or naval naval forces of the United States, or in the militia in actual service of theoryremtae-a United States, in time of war, who shall make or cause to be made, or

itious lair, present or cause to be presented for payment or approval to or by any&., gainst the person or officer in the civil or military service of the United States, any

how claim upon or against the Government of the United States, or any de-partment or officer thereof, knowing such claim to be false, fictitious, orfraudulent; any person in such forces or service who shall, for the pur-pose of obtaining, or aiding in obtaining, the approval or payment of suchclaim, make, use, or cause to be made or used, any false bill, receipt



THIRTY-SEVENTH CONGRESS. Sums. IlL CIL 67. 1863. 697

voucher, entry, roll, account, claim, statement, certificate, affidavit, or Jal vouchers.

deposition, knowing the same to contain any false or fraudulent state-ment or entry; any person in said fores or service who shall make orprocure to be made, or knowingly advise the making of any false oath to Flss oaths.

any fact, statement, or certficate, voucher or entry, for the purpose of

obtaining, or of aiding to obtain, any approval or payment of any claimagainst the United States or any department or ofier thereof; any per-son in said forces or service who, for the purpose of obtaining or enabling

any other person tO obtain from the Government of the United States,r any department or ofier thereof, any payment or alowance, or theapproval or signature of any person in the military, naval, or civil ser-

vice ot the United States, of or to any false, fraudulent, or fictitious

clam, shall f'orge or counterfeit, or cause or procure to be forged or coun- forgigsgaterfeited, any signature upon any bill, receipt, voucher, account, claim, .

roll, statement, affidavit, or deposition ; and any person in said forces orservice who shall utter or use the same as true or genuine, knowing the Uttrlng ibiedsame to have bcen forged or counterfeited; any person i said forces orservice who shall enter into any agreement, combination, or conspiracy

to chet or defraud the Government of the United States, or any depart, Conspiring to

menit or officer thereof, by obtaining, or aiding and assisting to obtain, thedfrn.payment or alowance of any false or fraudulent claim; any person in

said forces or service who shall steal, embezzle, or knowingly and wil- Ste in g or em-folly misappropriate or apply to his own use or benefit, or who shall beUig.

wrongfilly and knowingly sell, convey, or dispose of any ordnancee, arms,ammunition, clothing, subsistence stores, money, or other property of theUnited States, furnished or to be used for the military or naval serviceof the United States,; any contrator, agent, paymaster, quartermaster, Contractors,

or other person whatsoeve itsaid ores or serce having charge, poe- Fsession, custody, or control of any money or other public property, used

or tobe

u9sed in the military or naval service of. the United States,whoshall, with intent to defraud the United States, or wilfully to coneanl

such money or other property, deiver or cause to be delivered to anyothpe erson having authority to reeive the same ny amount of sch

money or other public property less than that for which he shall receivrea certificate or receipt; any person in said forces or service who is orshall be authorized to make or deliver any certificate, voucher, or receipt, Deing,

or other paper certi1fying the receipt of arms, ammunition, provisions, &o., this. recel t

clothing, or other public property so used or to be used, who shall make ir arms, &c.or deliver the same to any person without having full knowledge of thetruth of $he facts stated therein, and with intent to chet, defraud, or in-jure the United States; any person in said forces or" servie who shall Pureaing orknowingly purhase or receive, in pledge for any obligation or indebted-eeiving

ness, from any soldier, oficeer, or other person called into or employed in o-said forces or service,any arms, equipments, ammunition, clothes, or mil-itary stores, or other public property, such soldier, officer, or other per-

son not having the lawful right to pledge or sll the same, shall bedeemed guilty of a criminal offence, and shall be subject to the rules an dregulations made for the government of the military and naval fores ofthe United States, and of the militia when called into and employed in

the actual service of the United States in time of war, and to the pro-visions of this act. And every person so offending mas be arrested and iucby cort-

held for trial by a courmrtial, and if found guilty shall be punished by rtial.

fine and imprisonment, or such other punishment as the hor-martialmay adjudge, save the punishment of death.

Sor.

2. Andce

ri fynhereeit

That any person heretofore called vmu.4 rm mor hereafter to be called into or employed in such forces or service, whoerv crimn toshalleommit any violation of this act and shall afterwards receive

discharge, or be dismissed from the service,shall, notwithstanding suchdisharge or dismissal, continue to be liable to be arrested and held for

VOL. XII. PUB. -88



698 TH1RTY-SEVEITH OONGRS S.Bs IML CE . 67. 1868.

trial and sentence by a court-martia, in the same manner and to thesame extent as if he had not received such discharge or been dismissed.

Persons not In Sc. S. &d 6itfure4b? mae That an y person not in the militarythe 9erice corn- or naval forces of the United States, nor in the militia called into or

Mttgsuchhowun. actually employed in the service of the United States, who shall do or

sh ocommit any of the acts prohibited by any of the foregoing provisions ofthis act, he shall forfeit and pay to the United States the sum of twothousand dollars, and, in addition, double the amount of damages whichthe United States may have sustained by reason of the doing or commit-ting such act, together with the costs of suit; and such forfeiture and

Forfeiture and damages shall be sued for in the same suit, and every such person shalldin addition thereto, on conviction in any court of competent jurisdiction,

be punished by imprisonment not less than one, nor more than five years,or by fine of not les than one thousand dollars, and not more than ivethousand dollam..

Disurt courts, Szo. 4. And 6e it fs*Ar enct That the several district courts ofi.tio."Jurs the United States, the circuit court of the District of Columbia, or any

d court therein to be established having general jurisdiction in civil cases,

the several district courts of the Territories of the United States withinwhose jurisdictional limits the person doing or committing such act shallbe found, shall, wheresoever such ac t may have been done or committed,have full power and jurisdiction to hear, try, and determine such suit.

Whomtnayins Such suit may be brought and carried on by any person, as well for him.tuts, &., suit. self as for the United States; the same shall be at the sole cost and

charge of such person, and shall be in the name of the United States,but shall not be withdrawn or discontinued without the consent, in writ-ing, of the judge of the cout and the district attorney, first filed in thecase, setting forth their reasons for such consent.

D, sct attor- Sim 5. And be it furthe enaced That it shall be the duty of theneys to ake 4i- weal district attorneys of the United States for the respective districts,

qentutJ for

or the District of Columbia, an d for the several Territories, to be dili-act. gent in inquiring into spy violation of the provisions of this act by per-

sons liable to such suit, and found within their respective districts or ter-ritories, and to cause him or her to be proceeded against in due form of

Aniet; bail. law for the recovery of such forfeiture and damages. And such personmay be arrested and held to bail in such sum as the district judge mayorder, not exceeding the said sum of two thousand dollars, and twice theamount of the damages sworn to in the aidMavit of the person bringingthe suit.

Prosecutor to Szo. 6. And be ist fuiter enated, That the person bringing said suitreceive hmfbr- and prosecuting it to final judgmpnt shall be entitled to receive one halffeiture. the amount of suc& forfeiture, as well as one half the amount of the dam-

ages he shall recover and collect; and the other half thereof shall belongto and be paid over to the United States; and such person shall be en-Costa. titled to receive to his own use all costs the court may award against the

defendant, to be allowed and taxed according to any provision of l4w orrule of court in force, or that shall be in force in suits between private

Proviso. parties in said court : Provide That such person shall be liable for All

costs incurred by himself in the case, and shall have no claim therefor onthe United States.

Suit to be om- Szn. 7. And be it fbtr" enacted, That every such suit shall be eom-mened within menced within six years from the doing or committing the act, and notsix yem afterwards.

Certain persons Sieo. 8. And be it fwter ated, That no officer or agent of anyinteree notto banking or other commercial corporation, and no member of any meran-

o . tile or trading firm, or person directly or indirectly interested in the pecu-niary profits or contracts of such corporation gr firm, shall be employedor shall act as an officer or agent of the United States for the transactionof business with such corporadon or firm; and every such au k offcer

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THIRTY-SEVENTH CONGRESS& Siss. I3L C 67, 68, 69. 1868. 699

agent, or member, or person, so interested, who shall so act, shall, uponconviction thereof, be punished by a fine of not more than two thousanddollars nor less than five hundred dollars, and by Imprisonment for a term

not exceeding tw o years.Sac. 9. And be it fJrte exacted, That all sts and parts of acts in- .qeain and

consistent with or repugnant to any of the provisions of this act are hereby satVIS 0line.repealed, saving, however, and excepting any and all suits or prosecutions ,now commenced pending, and all rights of suit or prosecution under anyprior act of Congress, on account of the doing or committing of any acthereby prohibited; and all rights and claims which the United States, orany person or persons, no w have, growing'out of such prior act; allwhich pending suits and prosecutions shall proceed and be determined,and all which rights and claims shall remain and be as valid and effectualIt if this present act ha d not been passed; nor shall this act be so con-

strued as in 'any way to impair or affect the obligation, duty, or liability

of any person who now is or shall hereafter become the surety of an yperson contracting with the United States, or any offlcer or agent thereof;but every such surety shall be liable and answerable for the default of

his principal in the same manner as if this act had not been passed, saveto the .extent to which his principal has performed the contract, or, ifdamages have been so recovered, to the extent of on e half of the dam-ages so recovered and paid; which last amount may be shown in redne-tion-of damages in any suit brought against th n and surety, orprincipals and sureties, on their contraft

AppxowuD, March 2, 1868.

CR. LIXVUL-ApAd foaths. an . i. mk r l. March 3,1868.and BrigdirGeneral for 16e.adoA Sertce or tie Uuitd tat.

Be it eacted by te ,Senate andHouse of 1Repratvs of the Uited

tates of America in Congres aneebled,That, in addition to the four Ineamofmjor-generls an d nine brigadier-gendas for the regular army, and theforty mao serals an d two hundred brigadier,.general for the vol- - -unteer service, authorized by the existing laws, there may be appointedthirty major-generals an d .seventy-five brigadier-geneials for forces in theservice of the United Stotes other than the regular army: lPoamied

That the officers to be appointed under this act shall be selected from Selection.

those who have been conspicuous for gallant or meritorious conduct inthe line of duty.

APPzOvYD, March 2, 1868.

Cuir. LXILr-As Ac t* de Tevis of aroWvui and Diutrit C=*l it dwDis- iS1

bieftof Witicinm and loam

Be it enactedbytie Seateand Howe of B'peetivea of &A eStates of America in Congret aseeAe That, Instead of the ties" ere- Coui t Wi.-

tofoe fixed by law, the Circuit Court of the United States for the district e tl

of Wisconsin (after the January terroreighteen hundred and sixty-thre)shall be held as follows: At Milwaukee on the third Monday in Apriland first Monday in July, and at Madison on the second Monday in No-vember, and all writs, suits, pleas, recognizances, indictments, or etherproceedings, civil or criminal, issued, commenced, or pending in said

-court, shall be returnable to, be entered, and have day in coart, and beheard and tried according to the provisions of this act.

SF. 2. Ad he it fWre eaced, That, Instead of the times heretofbre in Iowa.

provided by law, the terms of the eircuit and district courts for the dis-trict of Iowa, to be held at Des Mdneshal be held on the second Tues-day of May and third Tuesday in Oetob& in each year, and the fall term

HeinOnline -- 12 Stat. 699 1855-1863

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12 Stat. 696 False Claims Act