Imágenes de páginas

(March 4, 1874, v. 18, p. 19), modifies as to War Depart

ment.] Form of draw. SEC. 3675. All warrants drawn by the Secretary of the incertadtsarging Treasury, upon the Treasurer of the United States, shall

Mar. 3, 1809. 8. specify the particular appropriation to which the same Sept. 2, 1789, 8. 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.


1 Sec.

274. Payments to representatives of per.

son lost.
284. Settlement of accounts of paymaster

of lost or captured public vessels.
286. Fixing date of loss of missing ves.

287. Accounts of petty officers, seamen,

etc., on lost vessel.

288. Compensation for personal effects

lost. 289. Payment of accounts of deceased

petty officers, seamen, etc., of lost

vessel. 290. Allowance for effects of officer of

lost vessel.

Arrears of pay


Mar. 3, 1847, s.

June 22, 1860, s.

Title 7, chap. 3. 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 3, v. 13, p. 390.

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. SEC. 284. In every case of the loss or capture of a ves

Settlement of sel belonging to the Navy of the United States, the proper accotunts of pay; accounting officers of the Treasury, under the direction of captured public the Secretary of the Navy, are authorized, in the settle

ment 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 provi3, v, 12, p. 83.

sions, 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 pay. master 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 SEC. 286. The proper accounting officers of the Treasury loss of missing

are authorized, under the direction of the Secretary of the 1, v. 13, p. 389.

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 Treas. petty officers, seamen, 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


July 4, 1864, s.

Accounts of

lost vesel.

Idem. s. 2. See sec. 274.

See note 1.

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, Compensation

for persoual ef. Department are authorized, in settling the accounts of the recta'lost. petty officers, seamen, and others, not officers, on board of Idem, s. 2. 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, Payment of acseaman, or other person, not an officer, such payment shall ceased petty ottibe made to the widow, child or children; father, mother, or cera,seanew, etc., brothers and sisters jointly, following that order of prefer- Idem, s. 3. ence; such credits and gratuity to be paid out of any money in the Treasury not otherwise appropriated.

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 135., others in the naval service of the United States which has, Adjustment of been or may hereafter be lost and destroyed in the naval wreck, etc. service by shipwreck or other marine disaster, under the following circumstances:

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,

and all losses that shall hereafter accrue shall be certi. Report on 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 execu-
tors 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
to construe orphans to mean father or mother or brother or sister, would be legisla-
tion, 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 thero 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).

See noto 2.


ture losses.

[ocr errors]


Limit of liabil.

Amounts de ducted.


Claims not to Provided, That any claim which shall be presented and bo reopened.

acted upon under authority of this Act shall be held as finally determined, and shall never thereafter be reopened

or considered: War losses.

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

And provided further, That the liability of the Governity.

ment 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: Determining And provided further, That the value of the article or value.

articles lost or destroyed shall be their value at the date of

loss or destruction: 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 pas

sage of this Act; and all such claims hereafter arising be presented within two years from the occurrence of the loss or destruction.

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. Allowance for SEC. 290. In case any officer of the Navy or Marine Corps

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 otti.

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 A1. or want of skill or foresight on his part, the proper accountlowances, Divi ing officers are authorized, with the approval of the Secre

tary 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.

Claims barred.

effects ofoflicer of lost vessel

cers and crews of

sion I.


3828. Written authority required.

Restriction on advertising in the

District of Columbia.
Prices to be paid.
Papere to be used in the District of


3709. Advertisement for supplies and

3718. Advertisement for provisions, etc.,

and transportation.


Title 45. SEC. 3828. No advertisement, notice, or proposal for any

advertise. Executive Departmentof the Government, or for any Bureau ment without au- thereof, or for any office therewith connected, shall be pubthority,

lished in any newspaper whatever, except in pursuance of

See note 1.

Prices to be

June 20, 1878,

19 A. G. op. p.

a written authority for such publication from the head of July 15, 1870, 8.

2, , 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.

In no case of advertisement for contracts for the public July 31, 1876. service shall the same be published in any newspaper pub. Restriction on lished and printed in the District of Columbia unless the wvertising in the supplies or labor covered by such advertisement are to be lumbia.

July 13, 1876, furnished or performed in said District of Columbia.

ch. 246, v.19, p.102. Hereafter all advertisements, notices, proposals for con- June 20, 1878. tracts, and all forms of advertising required by law for the several Departments of the Government may be paid for paid. at a price not to exceed the commercial rates charged to ch. 359

, v. 20, p. private individuals, with the usual discounts; such rates 216-306. to be ascertained from sworn statements to be furnished 159-160. by the proprietors or publishers of the newspapers propos. ing so to advertise. * But the heads of the several Departinents may secure lower terms at special rates whenever the public interest requires it.

All advertising required by existing laws to be done in Jan. 21, 1881. the District of Columbia by any of the Departments of Advertisements the Government shall be given to one daily and one weekly in the District of newspaper of each of the two principal political parties, and to one daily and one weekly neutral newspaper: Provided, That the rates of compensation for such service shall in no case exceed the regular commercial rate of the newspapers selected; nor shall any advertisement be paid for unless published in accordance with section thirty-eight hundred and twenty-eight of the Revised Statutes.

SEC. 2. All laws or parts of laws inconsistent herewith Jan. 21, 1881, are hereby repealed.

ch. 25, v. 21, p.317. SEC. 3709. All purchases and contracts for supplies or services, in any of the Departments of the Government, Advertisements except for personal services, shall be made by advertising for proposals. a sufficient time previously for proposals respecting the 10. v. 12. p. 220 same, when the public exigencies do not require the imme. See noto 2. diate delivery of the articles, or performance of the service.

Title 43.


SEC. 3718.

In the case of provisions, clothing, Advertisements hemp, and other materials, the Secretary of the Navy shall for clothing, advertise, once a week, for at least four weeks, in one or Mar. 3, 1843, v. more of the principal papers published in the place where Beer Jan. 21, such articles are to be furnished, for sealed proposals for 1881. furnishing the same.

In the case of transportation of such articles, he shall advertise for a period of not less than five days.

That section thirty-seven hundred and nineteen of the May 25, 1896. Revised Statutes be, and the same is hereby, amended by 29 Stat. L., 136. adding thereto the following:

Supp. R. S., vol.

2, p. 474.

Naval supplies. R. S., $ 3719. Note 1.–The provisions of section 3828, forbidding the publication of advertise. meuts for any Executive Department of the Government, or for any bureau thereof, or for any office therewith connected, except "under written authority from the head of the Department," extend to offices connocted as aforesaid, no matter where located. (Op., XVI, 616, Phillips, Dec. 16, 1878.)

Note 2.- As to advertisements, etc., on contracts for the naval service, see 1893,
Mar. 3, ch. 212, par. 6, note (5), ante, p. 131, and 1894, Jan. 27, ch. 22, and notes, ante,

p. 169.

Certified check Provided, That the Secretary of the Navy may, in his

be as "security for discretion, accept, in lieu of the written guaranty required proposals, etc.

to accompany a proposal for naval supplies, and in lieu of the bond required for the faithful performance of a contract for furnishing such supplies, a certified check, payable to the order of the Secretary of the Navy, for the full amount of such proposal or contract, the check to be held by the Secretary of the Navy until the requirements of the proposal or contract shall be complied with and as a guaranty for compliance with the saine."



Sec. 430. Estimates for expenses.

3675. Form of drawing and charging war. 3660. Manner of communicating esti.

rants. mates.

3676. Appropriations for Navy controlled 3661. Estimates for printing and binding. by Secretary; for each Bureau to 3662. Estimates for salaries.

bo kept separately. 3663. Requisites of estimates for appro 3678. Application of moneys appropripriations for public works.

ated. 3664. What additional explanations are 3679. No expenditures beyond approprirequired.

3665. Amount of ontstanding appropria. 3681. Expenses of commissions and in-
tion to be designated.

3666. Items of expenditure to be specified | 3682. Contingent, etc., expenses.
in estimates and accounts.

3685. Special appropriations available Estimates for pay of Navy.

only for two years, except, etc. 3667. Estimates of claims, etc., on Navy 3686. Foreign hydrographic surveys. pension fund.

3689. Permanent indetinite appropria3669, Estimates to be submitted to Con

tions. gress.

3690. Expenditure of balances of appro3670. What statements shall accompany

priations. estimates.

3691. Disposals of balances after two 3672. Sales of public property to be in.

years, cluded in Book of Estimates.

Unexpended balances of appropriaEstimates to be furnislied by Ist

tions. October

3692. Proceeds of certain sales of material. 3673. Drafts of War and Navy Depart. Act June 19, 1878. Statement of receipts, nients.

expenditures, and balances. Act June 19, 1878. Requisitions of Sec

retary of Navy for advances.

Title 10.

same title.

Titlo 41.


SEC. 430. All estimates for specific, general, and continEstimates for gent expenses of the Department, and of the several expenses. July 5, 1862, s.

Bureaus, shall be furnished to the Secretary of the Navy 5, v. 12. p. 511.. by the chiefs of the respective Bureaus. See sec. 366,

SEC. 3660. The heads of Departments, in communicating Mannerofcom estimates of expenditures and appropriations to Congress, municating esti.

or to any of the committees thereof, shall specify, as nearly Aug 26, 1842, s. as may be convenient, the sources from which such estiSee Mar: 3,1875, mates are derived, and the calculations upon which they

are founded, and shall discriminate between such estimates as are conjectural in their cliaracter and such as are framed upon actual information and applications from disbursing officers. They shall also give references to any law or treaty by which the proposed expenditures are, respectively, authorized, specifying the date of each, and the volume and page of the Statutes at Large, or of the Revised Statutes, as the case may be, and the section of the act in which the authority is to be found.


sec. 3672, title.

« AnteriorContinuar »