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Aug. 26,1842, 88. estimates, and appropriations,

1, 2, v. 5, p. 536;

shall commence May 8, 1872, s. 1, on the first day of July in each year; and all accounts of v. 17. p. 61: Mar. receipts and expenditures required by law to be published annually shall be prepared and published for the fiscal year See note 7. as thus established.

p. 486.

Reports upon appropriations

Mar. 3, 1817, 8. 6, v. 3, p. 367.

SEC. 260. The Secretary of the Treasury shall lay before for Departments Congress at the commencement of each regular session, of War and Navy. accompanying his annual statement of the public expenditure, the reports which may be made to 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 Comptroller of the Duties of the Treasury:

troller.

Second Comp- First. To examine all accounts settled by the Second, Mar 3, 1817, s. Third, and Fourth Auditors, and certify the balances arising 9, v. 3, p. 367; May 7, 1822, 8. 3, thereon to the Secretary of the Department in which the expenditure has been incurred.

v. 3, p. 689.

See sec. 3673, July 31, 1894.

Power of Sec

ond Comptroller

pay.

July 4, 1864, s. 3, v. 13, p. 390.

Second. To countersign all warrants drawn by the Secretaries of War and of the Navy, which shall be warranted by law.

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 subject to his revision.

SEC. 274. The Second Comptroller may prescribe rules as to arrears of to govern the payment of arrears of pay due to any petty officer, seaman, or other person not an officer, on board any vessel in the employ of the United States, 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.

Title 7, chap. 4.

Duties of the Auditors.

July 20, 1868, s. 1,

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

*

Fifth. The Fourth Auditor shall receive and examine all Mar. 3, 1817, s. accounts accruing in the Navy Department or relative 4. v. 3. p. 366; thereto, and all accounts relating to Navy pensions; and, v. 15, p. 106; July after examination of such accounts, he shall certify the balp. 327: June 8, ances, and shall transmit such accounts, with the vouchers 1872, s. 22. v. 17, and certificate, to the Second Comptroller for his decision thereon.

28, 1866, s. 8, v. 14,

p. 28; Mar. 3,

1849, s. 3, v. 9, p.

395, 415; June 30, 1864, s. 2, v. 13, p. 223. See note 8.

Note 7.-Fractions of a day are not noticed for legal purposes. If the law authorizes a certain thing to be done within a certain number of days, the first day is excluded from the calculation. Divisions of a day excluded in public proceedings. (Op., IX, 132, Black, Mar. 10, 1858.) Whole quarter of a year means a whole fiscal quarter in accordance with the division of a year used in the Treasury Department from its organization. (Op., III, p. 156, Butler, Oct. 27, 1836.) Two years from and after the 4th of March, 1836, includes the 4th of March, 1838. (Op., III, p. 157, Butler, Nov. 3, 1836.) "From and after," "On and after," are equivalents of each other. (Op., XIV, p. 542. Williams, Mar. 10, 1875.)

Note 8.-Settled," equivalent in meaning to "finally acted on." A certificate to the Department must be accompanied by the Auditor's action; need not be incorporated in the certificate. (Op., XV, 139, Taft, Aug. 2, 1876; see also 192.)

The President can not interpose in the settlement of accounts by the accounting

SEC. 3. The Auditors of the Treasury shall hereafter be July 31, 1894. designated as follows:

the Fourth Auditor as Auditor for the Navy Department;

The designations of the deputy auditors and other subordinates shall correspond with those of the Auditors. And each deputy auditor, in addition to the duties now required to be performed by him, shall sign, in the name of the Auditor, such letters and papers as the Auditor may direct.

SEC. 7. Accounts shall be examined by the Auditors as follows:

Auditors' designations changed.

for Navy De

partment.

Deputies.

Duties.

Auditor of the Navy Depart

The Auditor of the Navy Department shall receive and examine all accounts of salaries and incidental expenses ment. of the office of the Secretary of the Navy, and of all bureaus and offices under his direction, all accounts relating to the Naval Establishment, Marine Corps, Naval Academy, and to all other business within the jurisdiction of the Department of the Navy, and certify the balances arising thereon to the Division of Bookkeeping and Warrants, and send forthwith a copy of each certificate to the Secretary of the Navy.

Navy.

[Examination

der exhausted

tions.]

SEC. 283. The Auditors charged with the examination of Manner of keepthe accounts of the Departments of War and of the Navy, Departments of ing accounts of shall keep all accounts of the receipts and expenditures of War and the the public money in regard to those Departments, and of Mar. 3, 1817, ss. all debts due to the United States on moneys advanced 5, 6, v. 3, p. 367. relative to those Departments; shall receive from the Second of accounts unComptroller the accounts which shall have been finally appropriations. adjusted, and shall preserve such accounts, with their See Appropria vouchers and certificates, and record all requisitions drawn [Adjustment of by the Secretaries of those Departments, the examination liabilities "General acof the accounts of which has been assigned to them. They count of adshall annually, on the first Monday in November, severally Appropriations. 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 require.

with

vances." See

SEC. 297. The several Auditors are empowered to administer oaths to witnesses in any case in which they may deem it necessary for the due examination of the accounts 12. v. 3, p. 368; with which they shall be charged.

Auditors may administer oaths. Mar. 3, 1817, s. June 8, 1872, s. 21, v. 17, p. 288.

Title 41.

Drafts for Wat

and Navy Departments.

SEC. 3673. All moneys appropriated for the use of the War and Navy Departments shall be drawn from the Treas ury, by warrants of the Secretary of the Treasury, upon the requisitions of the Secretaries of those Departments, May 7, 1822, s. 3, v.3, p.689; Mar. respectively, countersigned by the Second Comptroller of 3, 1817, ss. 5, 9, V. the Treasury, and registered by the proper Auditor. 3, p. 367.

officers and direct credits to be allowed; can not interfere legally with the duties belonging to the accounting officers; an appeal does not lie to hiin from the determination of the accounting officers acting in the sphere of their duties; he can not interfere in their decisions; he does not possess the power to examine into the correctness of their settlements for the purpose of correcting any errors they may have committed. (Op., I, 624, 636, 678, 706, Wirt; II, 507, 544, Taney.)

Form of drawing and charging

1, v. 2, p. 535;

[March 4, 1874, v. 18, p. 19, modifies as to War Department.]

SEC. 3675. All warrants drawn by the Secretary of the warrants. Treasury, upon the Treasurer of the United States, shall Mar. 3, 1809, 5: specify the particular appropriation to which the same Sept. 2, 1789, s. 6, should be charged; and the moneys paid by virtue of such v. 1, p. 67. warrants shall, in conformity therewith, be charged to such appropriation in the books of the Secretary, First Comptroller, and Register.

Title 7, chap. 3.

Arrears of pay

sons.

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SEC. 274. The Second Comptroller may prescribe rules to govern the payment of arrears of pay due to any petty to deceased per- officer, seaman, or other person not an officer, on board July 4, 1864, s. any vessel in the employ of the United States, 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.

3, v. 13, p. 390.

master of lost or

vessels.

Mar. 3, 1847, s.

June 22, 1860, s. 3, v. 12, p. 83.

Title 7, chap. 4. SEC. 284. In every case of the loss or capture of a vesSettlement of sel belonging to the Navy of the United States, the proper accounts of pay accounting officers of the Treasury, under the direction of captured public the Secretary of the Navy, are authorized, in the settlement of the accounts of the paymaster of such vessel, to 6. v. 9, p. 173; credit him with such portion of the amount of the provisions, clothing, small stores, and money, with which he stands charged on the books of the Fourth Auditor of the Treasury, as they shall be satisfied was inevitably lost by such capture or loss of a public vessel; and such paymaster shall be fully exonerated by such credit from all liability on account of the provisions, clothing, small stores, and money so proved to have been captured or lost.

Fixing date of loss of missing vessels.

July 4, 1864, s. 1, v. 13, p. 389.

Accounts of

petty officers,

lost vessl.

Idem. s. 2.

See sec. 274.

SEC. 286. The proper accounting officers of the Treasury are authorized, under the direction of the Secretary of the Navy, in settling the accounts of seamen, and others, not officers, borne on the books of any vessel in the Navy which shall have been wrecked, or which shall have been unheard from so long that her wreck may be presumed, or which shall have been destroyed or lost with the rolls and papers necessary to a regular and exact settlement of such accounts, to fix a day when such wreck, destruction, or loss shall be deemed to have occurred.

SEC. 287. The proper accounting officers of the Treasseamen, etc., on ury are authorized, in settling the accounts of the petty officers, seamen, and others, not officers, on board of any vessel in the employ of the United States, which by any casualty, or in action with the enemy, has been or may be sunk or otherwise destroyed, together with the rolls and papers necessary to the exact ascertainment of the several

accounts of the same at the date of such loss, to assume the last quarterly return of the paymaster of any such vessel as the basis for the computation of the subsequent credits to those on board, to the date of such loss, if there be no official evidence to the contrary. Where such quarterly return has, from any cause, not been made, the accounting officers are authorized to adjust and settle such accounts on principles of equity and justice.

SEC. 288. The proper accounting officers of the Treasury Department are authorized, in settling the accounts of the petty officers, seamen, and others, not officers, on board of any vessel in the employ of the United States, which, by any casualty, or in action with the enemy, has been or may be sunk or otherwise destroyed, to allow and pay to each person, not an officer, employed on the vessel so sunk or destroyed, and whose personal effects have been lost, a sum not exceeding sixty dollars. as compensation for the loss of his personal effects.

SEC. 289. In case of the death of any such petty officer, seaman, or other person, not an officer, such payment shall be made to the widow, child or children; father, mother, or brothers and sisters jointly, following that order of preference; such credits and gratuity to be paid out of any money in the Treasury not otherwise appropriated.

Compensation for personal ef feets lost. dem, s. 2.

Payment of ac

counts of deceased petty offi

cers, seamen, etc., Idem, s. 3.

of lost vessel.

See note 1.

That the proper accounting officers of the Treasury be, Mar. 2, 1895. and they are hereby, authorized and directed to examine 28 Stat. L., 962. into, ascertain, and determine the value of the private, Navy. (Supp 1892-95, p. 434property belonging to officers, petty officers, seamen, and 435.) others in the naval service of the United States which has, Adjustment of losses by shipbeen or may hereafter be lost and destroyed in the naval wreck, etc. service by shipwreck or other marine disaster, under the following circumstances:

See note 2.

First. When such loss or destruction was without fault Conditions. or negligence on the part of the claimant.

Second. Where the private property so lost or destroyed

was shipped on board an unseaworthy vessel by order of

any officer authorized to give such order or direct such

shipment.

And the amount of such loss or losses which have accrued Payment of prior to the passage of this Act so ascertained and deter. prior losses. mined upon settlement by the proper accounting officers of the Treasury shall be paid out of any money in the Treasury not otherwise appropriated,

ture losses.

and all losses that shall hereafter accrue shall be certi- Report on fu fied by the Secretary of the Treasury at the commencement of each regular session to the Speaker of the House of Representatives who shall lay the same before Congress for consideration, and shall be in full for all such loss or damage:

Note 1.-The "legal representatives" of deceased persons are generally their executors or their administrators, but may mean their heirs or next of kin. (Op., III, 29; VII, 60; XIV, 515; C. C., IV, 456; Wallace, XIII, 351.) To insert "marines "and to construe orphans to mean father or mother or brother or sister, would be legislation, not interpretation. (Op., VIII, 28, Aug. 8, 1856, Cushing, on the construction of relief acts.) Where money is due to the heirs of a deceased person and there is a dispute as to the legal descent, the latter question should be decided by the court rather than by the executive officers. (Op. V., 670, Jan. 28, 1853.)

Note 2.-This act makes provisions for the naval service somewhat similar to those made in regard to the Army by 1895, March 3, ch. 335 (1. Supp. R. S., 481).

Claims not to be reopened.

War losses.

Limit of liabil

ity.

Amounts de

ducted.

290.

Provided, That any claim which shall be presented and acted upon under authority of this Act shall be held as finally determined, and shall never thereafter be reopened or considered:

And provided further, That this Act shall not apply to losses sustained in time of war:

And provided further, That the liability of the Government under this Act shall be limited to such articles of personal property as are required by the United States Naval Regulations, and in force at the time of loss or destruction, for such officers, petty officers, seamen, or others engaged in the public service, in the line of duty:

And provided further, That the amounts which have been R. S., secs. 288- paid to persons in the naval service under sections two hundred and eighty-eight, two hundred and eighty-nine, and two hundred and ninety of the Revised Statutes shall be deducted in the settlement of all claims under this Act: And provided further, That the value of the article or articles lost or destroyed shall be their value at the date of loss or destruction:

Determining

value.

To be present

And provided further, That all claims now existing shall ed in two years. be presented within two years, and not after, from the passage of this Act; and all such claims hereafter arising be presented within two years from the occurrence of the loss or destruction.

Claims barred.

Allowance for

lost vessel.

v. 14, p. 14.

cers and crews of

secs. 1574 and

That nothing in this Act shall be construed to authorize the reopening or payment of any claims for losses of private property on vessels sunk or otherwise destroyed prior to August twentieth, eighteen hundred and eighty-four.

SEC. 290. In case any officer of the Navy or Marine Corps effects of officer of on board a vessel in the employ of the United States which, Apr.6, 1866, s. 1, by any casualty, or in action with the enemy, at any time For continua since the nineteenth day of April, eighteen hundred and tion of pay to offi- sixty-one, has been or may be sunk or destroyed, shall lost vessels, see thereby have lost his personal effects, without negligence 1575, Pay and Al. Or want of skill or foresight on his part, the proper accountlowances, Divi ing officers are authorized, with the approval of the Secretary of the Navy, to allow to such officer a sum not exceeding the amount of his sea-pay for one month as compensation for such loss. But the accounting officers shall in all cases require a schedule and certificate from the officer making the claim for effects so lost.

sion I.

Title 45.

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SEC. 3828. No advertisement, notice, or proposal for any No advertise- Executive Department of the Government, or for any Bureau ment without au- thereof, or for any office therewith connected, shall be published in any newspaper whatever, except in pursuance of

thority.

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