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THE NAVY, ETC. 1875.


191. Certified balances.
236. Public accounts to be settled in the Depart-

Inent of the Treasury.
237. Commencement of the fiscal year.
250. Settlement of accounts.
260. Reports upon appropriations for Departments

of War and Navy. 273. Duties of the Second Comptroller.

274. Power of Second Comptroller to regulate

payment of arrears of pay.
275. Signing bounty certificates, &c.
277. Duties of the Fourth Auditor.
283. Manner of keeping accounts of Depart-

ments of War and the Navy. 297. Auditors may administer oaths. 1766. Officers in arrears.

SEC. 191. The balances which may from time to time be stated by the

Title 4. Auditor and certified to the heads of Departments by the Commissioner

Certified balof Customs, or the Comptrollers of the Treasury, upon the settlement of ances. public accounts, shall not be subject to be changed or modified by the heads of Departments, but shall be conclusive upon the executive branch of the Government, and be subject to revision only by Congress or the proper courts. The head of the proper Department, before signing a warrant for any balance certified to bim by a Comptroller, may, however, submit to such Comptroller any facts in his judgment affecting the correctness of such balance, but the decision of the Comptroller thereon shall be final and conclusive, as hereinbefore provided.

SEC. 236. All claims and demands whatever by the United States or Title 7, Chap. I. against them, and all accounts whatever in which the United States are

Public accounts concerned, either as debtors or as creditors, shall be settled and adjusted to be settled in in the Department of the Treasury.

the Department SEC. 237. The fiscal year of the Treasury of the United States in all of the Treasury. matters of accounts, receipts, expenditures, estimates, and appropriations, except accounts of the Secretary of the Senate for compensation and traveling expenses of Senators, shall commence on the first day of Commencement

of the fiscal year. July in each year; and all accounts of receipts and expenditures required by law to be published annually shall be prepared and published for the fiscal year as thus established. The fiscal year for the adjustment of the accounts of the Secretary of the Senate for compensation and traveling expenses of Senators shall extend to and include the third day of July.

Sec. 250. The Secretary of the Treasury shall cause all accounts of Title 7, Chap. 2. the expenditure of public money to be settled within each fiscal year,

Settlement of except where the distance of the places where such expenditure occurs accounts within may be such as to make further time necessary; and in respect to fiscal year. expenditures at such places, the Secretary of the Treasury, with the assent of the President, shall establish fixed periods at which a settlement shall be required.

SEC. 260. The Secretary of the Treasury shall lay before Congress at Reports upon the commencement of each regular session, accompanying his annual appropriations statement of the public expenditure, the reports which

may be made to of Warand Navy. him by the Auditors charged with the examination of the accounts of the Department of War and the Department of the Navy, respectively, showing the application of the money appropriated for those Departments for the preceding year.

Title 7, Chap. 3. Sec. 273. It shall be the duty of the Second Comptroller:

First. To examine all accounts settled by the Second, Third, and Duties of the Second Comp- Fourth Auditors, and certify the balances arising thereon to the Secretroller.

tary of the Department in which the expenditure has been incurred.

Second. To countersign all warrants drawn by the Secretaries of War and of the Navy, which shall be warranted by law, [See ( 3673, APPROPRIATIONS.]

Third. To report to the Secretaries of War and of the Navy the official forms to be issued in the different offices for disbursing the public money in those Departments, and the manner and form of keeping and stating the accounts of the persons employed therein.

Fourth. To superintend the preservation of the public accounts sub

ject to his revision. Power of Sec.

SEC. 274. The Second Comptroller may prescribe rules to govern the ond Comptroller payment of arrears of pay due to any petty officer, seamnan, or other to regulate pay. person not an officer, on board any vessel in the employ of the United ment of arrears Štates, which has been sunk or destroyed, in case of the death of such

petty officer, seaman, or person, to the person designated by law to

receive the same. Signing bounty SEC. 275. The Second Comptroller may detail one clerk to sign, in the certificates, &c. place of the Comptroller, all certificates and papers issued under any

provisions of law relating to bounties; but the Comptroller shall be responsible for the official acts of such clerk. .

of pay.

Title 7, Chap. 4.

SEC. 277. The duties of the Auditors shall be:




Fifth. The Fourth Auditor shall receive and examine all accounts accruing in the Navy Department or relative thereto, and all accounts relating to Navy pensions; and, after examination of such accounts, be shall certify the balances, and shall transmit such accounts, with the vouchers and certificate, to the Second Comptroller for his decision

thereon. Manner of keep

SEC. 283. The Auditors charged with the examination of the accounts ing accounts of of the Departments of War and of the Navy shall keep all accounts of Departments of the receipts and expenditures of the public money in regard to those Navy.

Departments, and of all debts due to the United States on moneys advanced relative to those Departments; shall receive from the Second Comptroller the accounts which shall have been finally adjusted, and shall preserve such accounts, with their vouchers and certificates, and record all requisitions drawn by the Secretaries of those Departments, the examination of the accounts of which has been assigned to them. They shall annually, on the first Monday in November, soverally report to the Secretary of the Treasury the application of the money appropriated for the Department of War and the Department of the Navy, and they shall make such reports on the business assigned to them as

the Secretaries of those Departments may deem necessary and ire. Auditors may

SEC. 297. The several Auditors are empowered to administer oaths to administer oaths. witnesses in any case in which they may deem it necessary for the due

examination of the accounts with which they shall be charged.


Title 19.

SEC. 1766. No money shall be paid to any person for his compensation

who is in arrears to the United States, until he has accounted for and Officers in ar- paid into the Treasury all sums for which he may be liable. In all

cases where the pay or salary of any person is withheld in pursuance of this section, the accounting officers of the Treasury, if required to do so by the party, his agent or attorney, shall report forth with to the Solicitor of the Treasury the balance due; and the Solicitor shall within sixty days thereafter, order suit to be commenced against such delinquent and his sureties.



Sec. 1389. Loans by paymasters.

3648. Advances of public moneys prohibited. 1563. Advances to persons on distant stations. Title 15, Chap. I. SEC. 1389. It shall not be lawful for any paymaster, passed assistant

Loans to officers paymaster, or assistant paymaster to advance or loan, under any preby paymasters. tense whatever, to any officer in the naval service, any sum of money

public or private, or any credit, or any article or commodity what


Sec. 1563. The President of the United States may direct such ad- Title 15, Chap. 8. vances, as he may deem necessary and proper, to such persons in the

Advances to vaval service as may be employed on distant stations where the dis- persons on dis. charge of the pay and emoluments to which they are entitled cannot be tant stations. regularly effected.

Advances of


SEC. 3648. No advance of public money shall be made in any case

Title 40. whatever. And in all cases of contracts for the performance of any service, or the delivery of articles of any description, for the use of the public United States, payment shall not exceed the value of the service ren- prohibited. dered, or of the articles delivered previously to such payment. It shall, however, be lawful, under the special direction of the President, to make such advances to the disbursing officers of the Government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfillment of the public engagements. The President may also direct such advances as he may deem necessary and proper, to persons in the military and naval service employed on distant stations, where the discharge of the pay and emolumeuts to which they may be entitled cannot be regularly effected.




Sec. 853. Printers' fees.

3825. Rates of pay in all the States for publish. 854. Meaning of folio.

ing the laws. 3823. Clerk of House to select newspapers in cer- 3826. Advertisements in Washington, D.C. tain States, &c.

3828. No advertisement without authority. 3824. Heads of Departments and judges to be

notified and to publish only in such

papers. SEC. 853. For publishing any notice, or order, required by law, or the Title 13, Chap. 16. lawful order of any court, Department, Bureau, or other person, in any

Printers' fees newspaper, except as mentioned in sections thirty-eight hundred and twenty-three, thirty-eight hundred and twenty-four, and thirty-eight hundred and twenty-five, Title, “PUBLIC PRINTING, ADVERTISEMENTS, AND PUBLIC DOCUMENTS," forty cents per folio for the first insertion, and twenty cents per folio for each subsequent insertion. The compensation berein provided shall include the furnishing of lawful evidence, under oath, of publication, to be made and furnished by the printer or publisher making such publication.

SEC. 854. The term folio, in this chapter, shall mean one hundred Meaning words, counting each figure as a word. When there are over fifty and under one hundred words, they shall be counted as one folio; but a less number than fifty words shall not be counted, except when the whole statute, notice, or order contains less than fifty words.


Sec. 3823. The Clerk of the House of Representatives shall select in Title 45. Virginia, South Carolina, North Carolina, Georgia, Florida, Alabama, Clerk of House Mississippi, Louisiava, Texas, and Arkansas, one or more newspapers, to select newsnot exceeding the number allowed by law, in which such treaties and papers in certain laws* of the United States as may be ordered for publication in news- States to publish papers according to law shall be published, and in some one or more of laws, &c. which so selected all such advertisements as may be ordered for publication in said districts by any United States court or judge thereof, or by any officer of such courts, or by any executive officer of the United States, shall be published, the compensation for which, and other terms of publication, shall be fixed by said Clerk at a rate not exceeding two dollars per page for the publication of treaties and laws, and not exceeding one dollar per square of eight lines of space, for the publication of advertisements, the accounts for which shall be adjusted by the proper accounting officers, and paid in the manner now authorized by law in the like cases. [See ♡ 204, Dept. of State.]

* The act of February 18, 1875. amending the revised statutes, prohibits the publishing of the laws in newspapers after March 4, 1875.

Heads of De- SEC. 3824. The Clerk shall notify each head of the several Executive partments and

Departments, and each judge of the United States courts therein, of the judges to be noti. fied, and to pub papers selected by him in accordance with the provisions of the precedlish' only in such ing section, and thereafter it shall be the duty of the several executive newspapers. officers charged therewith to furnish to such selected papers only, an authentic copy of the publications to be made as aforesaid

; and no money appropriated shall be paid for any publications or advertisements hereafter to be made in said districts, nor shall any such publication or advertisement be ordered by any Department or public officer otherwise

than as herein provided. [See ý 853, ante.] Rates of pay in SEC. 3825. The rates fixed in section thirty-eight hundred and twentyall the States for publishing laws." three, to be paid for the publication of the treaties and laws of the United

States in the States therein designated, shall also be paid for the same publications in all the States not designated in that section. [See

79.*] Advertise. SEC. 3826. All advertisements,t notices, and proposals for contracts for ments in Wash all the Executive Departments of the Government, and the laws passed ington, D.C.

by Congress, and executive proclamations and treaties to be published in the District of Columbia, Maryland, and Virginia, shall hereafter be advertised by publication in the three daily papers published in the District of Columbia having the largest circulation, one of which shall be selected by the Clerk of the House of Representatives, and in no others. The charges for such publications shall not be higher than such as are paid by individuals for advertising in said papers, and the same publications shall be made in each of the said papers equally as to frequency : Provided, That no advertisement to any State, district, or Territory, other than the District of Columbia, Maryland, or Virginia, shall be pub. lished in the papers designated, unless at the direction first made of the proper head of a Department: And provided further, That this section shall not be construed to allow a greater compensation for the publication of the laws passed by Congress and executive proclamations and treaties in the papers of the District of Columbia than is provided by law

for such publications in other papers. No advertise- SEC. 3828. No advertisement, notice, or proposal for any Executive ment without au. Department of the Government, or for any Bureau thereof, or for any thority.

office therewith connected, shall be published in any newspaper whatever, except in pursuance of a written authority for such publication from the head of such Department; and no bill for any such advertising, or publication, shall be paid, unless there be presented, with such bill, a copy of such written authority.



See also under NATURALIZATION.

4067. Removal of alien enemies.
4068. Time for removal.
4069. Jurisdiction of United States courts over

alien enemies.

4070. Duties of marshals in removing alien ene.


Title 47. SEC. 4067. Whenever there is a declared war between the United Removal of

States and any foreign nation or government, or any invasion or predaalien enemies. tory incursion is perpetrated, attempted, or threatened against the ter

ritory of the United States, by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, depizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upward, who shall be within the United States, and not actually paturalized, shall be liable to be apprebended, restrained, secured, and removed, as alien enemies. The Presi.

* Section 79, as amended, reads, "after the 4th day of March, 1875, the publication of the laws in newspapers shall cease.

Act making appropriations for the Post-Ofice Department. R. S. 8. 3826, p.

And so much of section three thousand eight hundred and twenty-six of 754, repealed in the Rerised Statutes of the Uniteil States as refers to the publication of advertise. part.

ments in newspapers be, and the same is hereby, repealed. Approved March 3, 1875.


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