Page:United States Statutes at Large Volume 60 Part 1.djvu/684

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60 STAT.] 79TH CONG. , 2D SESS.-CH. 606-JULY 24, 1946 have in his possession any such baggage or any article therefrom, of whatever nature, knowing the same to have been embezzled or stolen; or "(4) embezzle, steal, or unlawfully take by any fraudulent device, scheme, or game, from any railroad car, motortruck, steamboat, vessel, aircraft, or other vehicle operated by any car- rier, or from any passenger or employee thereon, when such railroad car, or the train of which it is a part, motortruck, steam- boat, vessel, aircraft, or other vehicle is moving in interstate or foreign commerce, any money, baggage, goods, or property, with intent to convert the same or any part thereof to his own use, or shall buy, receive, or have in his possession any such money, baggage, goods, or property, knowing the same to have been embezzled or stolen; or "(5) being an employee of any carrier riding in, on or upon any railroad car, motortruck, steamboat, vessel, aircraft, or other vehicle of such carrier transporting passengers or property in interstate or foreign commerce and having in his custody funds arising out of or accruing from such transportation, embezzle or unlawfully convert to his own use any such funds; shall in each case be fined not more than $5,000 or imprisoned not more than ten years, or both. "(b) The carrying or transporting of any such money, freight, express, baggage, goods, or property from one State or Territory or the District of Columbia into another State or Territory or the District of Columbia, knowing the same to have been embezzled or stolen, shall constitute a separate offense and subject the offender to the penalties prescribed in subsection (a). "(c) The term 'interstate or foreign commerce' shall include trans- portation from one State, Territory, or the District of Columbia to another State, Territory, or the District of Columbia, or to a foreign country, or from a foreign country to any State, Territory, or the District of Columbia. "(d) The term 'aircraft' shall mean airplane, glider, blimp, balloon, dirigible, helicopter, rocket ship, parachute, or any contrivance used or designed for navigation of or flight in the air. (e) The term 'motortruck' shall mean truck, truck-tractor, trailer, semitrailer, automobile, bus, or other vehicle used upon or designed for use upon roads, highways, or streets. "(f) The term 'wharf' shall mean dock, quay, pier, or any structure or contrivance designed for the loading or unloading of water craft. "(g) Prosecutions under this Act may be instituted in any dis- trict wherein the crime shall have been committed, or in which the offender may have taken, removed, brought or been in possession of said money freight, express, baggage, goods, or property. "SEC. 2 . Nothing herein shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof; and a judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts. "SEC. 3. To establish the interstate or foreign commerce char- acter of any shipment in any prosecution under this Act the waybill, or other shipping document, of such shipment shall be prima facie evidence of the place from which such shipment was made." Approved July 24, 1946. 657 Money, etc. Embezzlement of funds by employee. Penalty. Transporting from one State to another, etc. "Interstate or for- eign commerce." "A ircraft." "Motortruck." "Wharf." Prosecutions. Jurisdiction of State courts. Waybill. 80634---47 -PT. I-- -2