such accounts have been chargeable theretofore are hereby repealed. There are authorized to be appropriated annually from such account such sums as may be necessary to meet any expenditures of the character now chargeable to the appropriation accounts abolished by this section. The Secretary of the Treasury or the Commissioners of the District of Columbia, as the case may be, shall submit with their annual estimates of appropriations an amount necessary to meet expenditures properly chargeable to this account.

* *

(11) Unclaimed moneys of individuals whose whereabouts are unknown (War) (8t117). * Sec. 17, act of June 26, 1934 (48 Stat. 1230); U. S. C. 31: 725p.

(a) Effective July 1, 1935, the appropriation accounts appearing on the books of the Government and listed in subsection (b) of this section, as well as appropriation accounts bearing similar titles on the books of the Government, are abolished, and any unobligated balances under such accounts as of June 30, 1935, shall be covered into the surplus fund of the Treasury. Any appropriations to which expenditures under such accounts have been chargeable theretofore are repealed. On July 1, 1935, there shall be established on the books of the Government an account to be designated "Refund of Moneys Erroneously Received and Covered", and there is authorized to be appropriated such sums as may be necessary to meet any expenditures of the character now chargeable to the appropriation accounts herein abolished and other collections erroneously received and covered which are not properly chargeable to any other appropriation. The Secretary of the Treasury shall submit with his annual estimates of appropriations an amount necessary to meet expenditures properly chargeable to this account: Provided, That this authority shall not be deemed to apply to any refunds which, under existing law, may be charged to any accounts for which separate provision is made in this Act. (b)

(3) Refunding moneys erroneously received and covered (War) (8x191). Sec. 18, act of June 26, 1934 (48 Stat. 1231); U. S. C. 31: 725q.

*

* Provided, That donations, quasi-public and unearned moneys carried in official checking accounts of disbursing officers and of others required to account to the Comptroller General (including clerks and marshals of the United States District Courts), administered by officers of the United States by virtue of their official capacity, shall be deposited similarly into the Treasury as trust funds and are hereby appropriated and made available for disbursement under the terms of the trust. Sec. 19, act of June 26, 1934 (48 Stat. 1232); U. S. C. 31: 725r.

(a) The funds appearing on the books of the Government and listed in subsections (b) and (c) of this section shall be classified on the books of the Treasury as trust funds. All moneys accruing to these funds are hereby appropriated, and shall be disbursed in compliance with the terms of the trust. Hereafter moneys received by the Government as trustee analogous to the funds named in subsections (b) and (c) of this section, not otherwise herein provided for, except moneys received by the Comptroller of the Currency or the Federal Deposit Insurance Corporation, shall likewise be deposited into the Treasury as trust funds with appropriate title, and all amounts credited to such trust-fund accounts are hereby appropriated and shall be disbursed in compliance with the terms of the trust: Provided, That, effective July 1, 1935, expenditures from the trust fund "Soldiers' Home, Permanent Fund" (8t184) shall be made only in pursuance of appropriations annually made by Congress, and such appropriations are hereby authorized: Provided further, That personal funds of deceased in

mates, Naval Home, now deposited with the pay officer of the Naval Home, shall be deposited in the Treasury to the credit of the trust-fund account "Personal Funds of Deceased Inmates, Naval Home" (7t989): Provided further, That on June 30 of each year there shall be transferred to the trust fund receipt account directed to be established in section 17 of this Act, such portion of the balances in any trust-fund account hereinbefore or hereafter listed or established, except the balances in the accounts listed in subsection (c) of this section, which have been in any such fund for more than one year and represent moneys belonging to individuals whose whereabouts are unknown, and subsequent claims therefor shall be disbursed from the trust-fund receipt account "Unclaimed Moneys of Individuals Whose Whereabouts are Unknown", directed to be established in section 17 of this Act.

(36) Estates of deceased personnel, War Department (8t180).

(38) Fredericksburg and Spotsylvania County Battlefields memorial fund. (39) Petersburg National Military Park fund (8c814).

(40) Gorgas memorial laboratory quotas (1c304).

*

(50) Protective works and measures, Lake of the Woods and Rainy River, Minnesota (8s863).

(64) Funds contributed for improvement of (name of river or harbor). (65) Funds advanced for improvement of (name of river or harbor).

*

*

*

*

*

(76) Paving Government Road across Fort Sill Military Reservation, Okla. (8c664).

(77) Bequest of William F. Edgar, Museum and Library, office of Surgeon General of the Army (8c504).

(2) Estates of deceased soldiers, United States Army (8t189).

*

Sec. 20, act of June 26, 1934 (48 Stat. 1233); U. S. C. 31: 7258.

CHAPTER 32

PUBLIC PRINTING AND DOCUMENTS

Government printing; general provision, | Government publications; sale, 1835. 1830.

The Joint Committee on Printing may permit the Public Printer to authorize any executive department or independent office or establishment of the Government to purchase direct for its use such printing, binding, and blank-book work, otherwise authorized by law, as the Government Printing Office is not able or suitably equipped to execute or as may be more economically or in the better interest of the Government executed elsewhere. * * * Sec. 12, act of Jan. 12, 1895 (28 Stat. 602), as amended by sec. 1, Legislative Branch Appropriation Act of July 8, 1935 (49 Stat. 474); U. S. C. 44: 14.

The above provision is added as a new paragraph of this section. 1835. Government publications; sale.

*

After the date of the enactment of this Act, the price at which additional copies of Government publications are offered for sale to the public by the Superintendent of Documents shall be based on the cost thereof as determined by the Public Printer, plus 50 per centum: Provided, That a discount of not to exceed 25 per centum may be allowed to authorized book dealers and quantity purchasers, but such printing shall not interfere with the prompt execution of work for the Government. The surplus receipts from such sales shall be deposited in the Treasury of the United States to the credit of miscellaneous receipts. The Superintendent of Documents shall prescribe the terms and conditions under which he may authorize the resale of Government publications by book dealers, and he may designate any Government officer his agent for the sale of Government publications under such regulations as shall be agreed upon by the Superintendent of Documents and the head of the respective department or establishment of the Government. The selling price of publications as provided for herein shall be in lieu of that prescribed in the public resolution. approved May 11, 1922 (U. S. C., title 44, secs. 72 and 220), and section 42 of the Act of January 12, 1895 (U. S. C., title 44, sec. 114). Sec. 307, Title III, Part II, act of June 30, 1932 (47 Stat. 409); U. S. C. 44: 72a.

1838. Departmental printing; appropriation for War Department printing. "U. S. C. 44: 292" should be eliminated from the citation to the first paragraph of this section (J. A. G. 010.3, Nov. 12, 1929, p. 340).

As repeated in the War Department Appropriation Act of April 9, 1935 (49 Stat. 122), the first paragraph of this section includes a provision for printing the Index Catalog of the Army Medical Library.

355

1845. Navigable waters; regulations in general.

By pub. res. of June 14, 1932 (47 Stat. 308), the consent of Congress was given to a compact between the States of Pennsylvania and New Jersey creating the "Delaware River Joint Commission", subject to the general jurisdiction of the United States over navigable waters.

NOTES OF DECISIONS

(34 Stat. 136), granting the Secretary of Commerce specific authority to regulate the movement and anchorage of vessels in the St. Marys River, was not superseded by the

general authority granted the Secretary of War in this section and 1848, post. (1915) 30 Op. Atty. Gen. 459; (1922) 33 Op. Atty. Gen. 203.

1846. Navigable waters; regulations to prevent injuries.

See 2135a, post, regulating the transportation of explosives on the navigable waters of the United States.

1847. Same; establishment of harbor lines.

By 2113a, post, the provisions of this section are made applicable to navigable waters in the Virgin Islands.

By act of June 15, 1934 (48 Stat. 963), the Commissioners of the District of Columbia were authorized to make harbor regulations for the entire waterfront of the City of Washington, such regulations to be subject to the approval of the Secretary of War whenever they affect navigable waters, channels, and anchorage areas.

1848. Same; establishment of anchorage grounds.

NOTES OF DECISIONS

The authority granted to the Secretary of War by this section does not divest the Secretary of Commerce of the specific authority granted him by the act of April 26, 1906 (34

1849. Same; deposit of refuse.

Stat. 136), to regulate the movement and anchorage of vessels in the St. Marys River. (1915) 30 Op. Atty. Gen. 459.

In the opinion of the Chief of Engineers, the first paragraph of this section, based on section 2, act of August 5, 1886 (24 Stat. 329) was superseded by 1847, ante. *

No recommendation has been made for its inclusion in the United States Code (Memo. J. A. G. Oct. 9, 1930).

By 2113a, post, the provisions of the second paragraph of this section are made applicable to navigable waters in the Virgin Islands.

NOTES OF DECISIONS

Validity of contracts.-Refusal of Gov- to abrogate contract. Standard Oil Co. v. ernment's division engineer to approve dredg-| Central Dredging Co. (1929) 233 N. Y. Supp. ing company's contract to deliver Govern- 279, 225 App. Div. 407.

ment spoil to a private corporation held not

1850. Same; obstruction by vessels, floating timber, etc.

By 2113a, post, the provisions of the first paragraph of this section are made applicable to navigable waters in the Virgin Islands.

NOTES OF DECISIONS

Anchorage of vessels.-This section does not forbid anchoring, except where it necessarily prevents passage or creates dangerous obstruction. Dahlmer v. Bay State Dredging & Contracting Co. (C. C. A. 1928) 26 F. (2d) 603.

United States may, however, set up Lighthouse Service's efforts to find and mark sunken vessel in discharge of its obligations as owner, though Shipping Board did noth| ing. Id.

Government as owner of sunken vessel was Mooring scows, so as to project 59 feet into not relieved of searching for or marking canal 300 feet wide, held not improper. Id.

Company which permitted car float to lie 100 feet out in narrow stream unduly restricting passage held solely at fault in collision thereof with tow. The Frank (C. C. A. 1930) 40 F. (2d) 430.

Wrecks, duty to mark.-Lighthouse Department's efforts to find and mark wreck does not ordinarily relieve the United States as owner of sunken vessel from its statutory obligations. The Snug Harbor (C. C. A. 1930) 40 F. (2d) 27.

Statute requiring owner to mark sunken vessel is mandatory, and imposes personal duty not delegable. Id.

wreck because master advised vessel was lost in Atlantic Ocean at place near channel. Id.

Owner of sunken vessel notifying Lighthouse Department to mark the wreck is relieved of liability. New York Marine Co. v. Mulligan (C. C. A. 1929) 31 F. (2d) 532.

Abandonment.-This section together with 1851 and 1852, post, recognizes and preserves the general maritime right of abandonment. Petition of Highlands Nav. Corporation (C. C. A. 1928) 29 F. (2d) 37.

Vessel not of service may be abandoned by owner after sinking. Id.

Owner's failure to mark sunken vessel, discoverable by due diligence, within 30 days,