free from damages due to the construction works; (c) maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of War: Provided, That the construction of any dam authorized herein may be undertaken without delay when the dam site has been acquired and the assurances prescribed herein have been furnished, without awaiting the acquisition of the easements and rights-of-way required for the reservoir area: And provided further, That whenever expenditures for lands, easements, and rights-of-way by States, political subdivisions thereof, or responsible local agencies for any individual project or useful part thereof shall have exceeded the present estimated construction cost therefor, the local agency concerned may be reimbursed one-half of its excess expenditures over said estimated construction cost: And provided further, That when benefits of any project or useful part thereof accrue to lands and property outside of the State in which said project or part thereof is located, the Secretary of War with the consent of the State wherein the same are located may acquire the necessary lands, easements, and rights-of-way for said project or part thereof after he has received from the States, political subdivisions thereof, or responsible local agencies benefited the present estimated cost of said lands, easements, and rights-of-way, less one-half the amount by which the estimated cost of these lands, easements, and rights-of-way exceeds the estimated construction cost corresponding thereto: And provided further, That the Secretary of War shall determine the proportion of the present estimated cost of said lands, easements, and rights-of-way that each State, political subdivision thereof, or responsible local agency should contribute in consideration for the benefits to be received by such agencies: And provided further, That whenever not less than 75 per centum of the benefits as estimated by the Secretary of War of any project or useful part thereof accrue to lands and property outside of the State in which said project or part thereof is located, provision (c) of this section shall not apply thereto; nothing herein shall impair or abridge the powers now existing in the Department of War with respect to navigable streams: And provided further, That nothing herein shall be construed to interfere with the completion of any reservoir or flood control work authorized by the Congress and now under way. Sec. 3, River and Harbor Authorization Act of June 22, 1936 (49 Stat. 1571); U. S. C. 33: 701c.

1885d. Same; consent to State compacts.-The consent of Congress is hereby given to any two or more States to enter into compacts or agreements in connection with any project or operation authorized by this Act for flood control or the prevention of damage to life or property by reason of floods upon any stream or streams and their tributaries which lie in two or more such States, for the purpose of providing, in such manner and such proportion as may be agreed upon by such States and approved by the Secretary of War, funds for construction and maintenance, for the payment of damages, and for the purchase of rights-of-way, lands, and easements in connection with such project or operation. No such compact or agreement shall become effective without the further consent or ratification of Congress, except a compact or agreement which provides that all money to be expended pursuant thereto and all work to be performed thereunder shall be expended and performed by the Department of War, with the exception of such reasonable sums as may be reserved by the States entering into the compact or agreement for the purpose of collecting taxes and maintaining the necessary State organizations for carrying out the compact or agreement. Sec. 4, River and Harbor Authorization Act of June 22, 1936 (49 Stat. 1571); U. S. C. 33: 701d.

First edition, scope, 1905.

Revised Statutes-Continued.

Title designations not to affect legislative construction, 1908.

Definition of terms, 1910.

Code of Laws of the United States:
Legal effect, 1915.

Supplements and new editions, publica-
tion, 1919.

Limitation on causes arising prior to Army promotion act; continuation and reDecember 1, 1873, 1905a.

peal of prior laws, 1919a.

Effect on laws enacted prior to Decem- Pay readjustment act; effective date and ber 1, 1873, 1906. repeal of prior laws, 1922.

Effect on laws enacted after December 1,

1873, 1907.

1900. Statutes at Large; publication.-That, beginning with the Seventy-fifth Congress and thereafter, the Secretary of State shall cause to be compiled, edited, and indexed the United States Statutes at Large, which shall contain all the laws and concurrent resolutions enacted during each session of Congress, and also all conventions, treaties, and international agreements to which the United States is a party and which have come into force since the date of the adjournment of the session of Congress next preceding, including all proclamations issued since that date. * * Sec. 73, act of Jan. 12, 1895 (28 Stat. 615), as amended by sec. 9, Title VI, act of June 20, 1936 (49 Stat. 1551); U. S. C. 44: 196.

The original text of this section has been amended as above.

1901. Same; distribution.-The Public Printer shall print, and after the final adjournment of each session of Congress, bind and deliver to the Superintendent of Documents as many copies of the Statutes at Large as may be required for distribution as follows: * * * To the War Department, not to exceed one hundred copies; *. Sec. 9, Title VI, act of June 20, 1936 (49 Stat. 1551); U. S. C. 44: 196a. The above provision supersedes the original text of this section, which was specifically repealed.

1902. Same; ownership and preservation.-All Government publications furnished by authority of law to officers (except members of Congress) of the United States Government, for their official use, shall be stamped "Property of the United States Government", and shall be preserved by such officers and by them delivered to their successors in office as a part of the property appertaining to the office. Government publications furnished depository libraries shall be made available for the free use of the general public and must not be disposed of except as the Superintendent of Documents may direct. Sec. 11, Title VII, act of June 20, 1936 (49 Stat. 1552); U. S. C. 44: 92.

The above provision supersedes the original text of this section, which was specifically repealed.

*

1903. Same; legal effect.-** The United States Statutes at Large shall be legal evidence of the laws, treaties, and conventions therein contained in all the courts of the United States, its Territories, and insular possessions, and of the several States therein. Sec. 73, act of Jan. 12, 1895 (28 Stat. 615), as amended by sec, 9, Title VI, act of June 20, 1936 (49 Stat. 1551); U. S. C. 1:30.

The original text of this section has been amended as above.

1904. Statutes at Large; Little & Brown edition, legal effect. "U. S. C. 1: 30a" should be added to the citation to this section.

1904a. Same; index.-That the Librarian of Congress is hereby authorized and directed to have the index to the Federal Statutes, published in 1908 and known as the "Scott and Beaman Index", revised and extended to include the Acts of Congress down to and including the Acts of the Seventieth Congress, and to have the revised index printed at the Government Printing Office. Sec. 1, act of Mar. 3, 1927 (44 Stat. 1401), as amended by act of June 14, 1930 (46 Stat. 585).

1905. Revised Statutes, first edition; scope.

The compilers of the United States Code have not followed the recommendation of the War Department (Op. J. A. G. 010.3, July 7, 1931, p. 124; July 10, 1931, p. 1) that this section, based on R, S. 5595, be included in the code until the Revised Statutes as a body are repealed.

1905a. Same; limitation on causes arising prior to December 1, 1873.-All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties or forfeitures, embraced in said revision and covered by said repeal, shall not be affected thereby, but all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made. R. S. 5599; U. S. C. 1: 29a.

This provision, omitted from the original code and Military Laws, 1929, is added as still of value. (J. A. G. 010.3, July 7, 1931, p. 128; July 10, 1931, p. 2; Apr. 2, 1932).

1906. Same; effect on laws enacted prior to December 1, 1873.

The War Department has no objection to the express repeal of this section, based on R. S. 5596 (J. A. G. 010.3, July 7, 1931, p. 125).

1907. Same; effect on laws enacted after December 1, 1873.

The compilers of the United States Code have not followed the recommendation of the War Department (Op. J. A. G. 010.3, July 7, 1931, p. 130; July 10, 1931, p. 4) that this section, based on R. S. 5601, be included in the code until the Revised Statutes are done away with.

1908. Same; title designations not to influence legislative construction.

The compilers of the United States Code have not followed the recommendation of the War Department (Op. J. A. G. 010.3, July 7, 1931, p. 129; July 10, 1931, p. 3), that this section, based on R. S. 5600, be included in the code.

1910. Same; definition of terms.

NOTES OF DECISIONS Seaplanes. Seaplane held "mechanical device for aerial navigation" within accident policy when capsizing after alighting because

of engine trouble.
State Life Ins. Co.
(2d) 99.

Wendorff v. Missouri (Mo. 1927) 1 S. W.

1915. Code of Laws of the United States; legal effect.

NOTES OF DECISIONS

Presumption from inclusion of statute.— Inclusion of an act in the U. S. Code did not revitalize the act if it had been repealed. Hill v. U. S. (1930) 68 Ct. Cls. 740.

But in view of subdivision (a) of this section its inclusion is to be given weight in

determining whether the act was repeale prior to the compilation of the Code Hoague-Sprague Corporation v. Frank ( Meyer Co., Inc. (D. C. 1929) 31 F. (2d 583.

1919. Same; supplements and new editions; publication.

The first paragraph of this section, based on sec. 1, act of May 29, 1928 (45 Stat. 1007) U. S. C. 1: 51, should be omitted as executed.

"U. S. C. 1: 51a" should be added to citation to last paragraph of this section.

1919a. Army promotion act; continuation and repeal of prior laws. All exist ing law governing the termination of active service of officers shall continue i full force and effect, except as herein modified. Sec. 7, Army promotion act o July 31, 1935 (49 Stat. 507); U. S. C. 10: 1028d.

This Act shall be effective the first of the month following the date of enact ment of this Act, and all laws and parts of laws, insofar as they are inconsisten with or in conflict with any of the provisions hereof, are hereby repealed as o that date. Sec. 8, Army promotion act of July 31, 1935 (49 Stat. 507).

1922. Pay readjustment act; date effective and repeal of prior laws.

The compilers of the United States Code have not followed the recommendation of th War Department (Op. J. A. G. 010.3, Nov. 12, 1929, p. 320) that the original text of thi section, based on section 22, act of June 10, 1922 (42 Stat. 633); U. S. C. 37: 31, b -omitted as fully executed.

CHAPTER 35

SUPPLIES AND EQUIPMENT