In general. Under statute providing that certified copies of documents filed in the office of the board of water engineers shall be admissible in evidence in any court in the same manner and with like effect as the original diagrams, maps, and plats showing gauge readings of river which were compiled from hearsay and unauthenticated data al. (Tex., 1938), 120 S. W. (2d) 134. 755a. Evidence; writing and records made in regular course of business. Notes of Decisions collected and prepared in cooperation with the United States Department of Interior, Geological Survey, were inadmissible, since original instrument contained data without required certificate from Geological Survey and based on hearsay would have been inadmissible. Taylor v. McLennan County et turned before effective date of statute which by its very terms was not retroactive. 28 U. S. C. A., sec. 695. Shreve et al. v. U. S. (C. C. A., 1939), 103 F. (2d) 796. In general.-Federal statute regarding admissibility of records made in regular course of business could not be considered in determining admissibility of liability ledger cards of bank where indictment was re755b. Evidence; photographs of departmental records.-Photographs or microphotographs of any record photographed or microphotographed as herein provided shall have the same force and effect as the originals thereof would have had, and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated copies of such photographs or microphotographs shall be admitted in evidence equally with the original photographs or microphotographs. Sec. 2, act of Sept. 24, 1940 (54 Stat. 959); 44 U. S. C. 363. 766. Habeas corpus; hearing and disposition. Notes of Decisions Persons in custody of military authorities.- | appeal dismissed (C. C. A., 1928), 29 F. (2d) Change citation to read: U. S. ex rel. Palmer 541. v. Adams (D. C., 1927), 26 F. (2d) 141; 767. Witness fees. The last paragraph of this section has been repeated in subsequent appropriation acts. 87 COURT OF CLAIMS Time limit for filing claims (Judicial Code, sec. 156), 776. Calling on departments for information (Judicial Code, sec. 164), 780. 776. Time limit for filing claims (Judicial Code, sec. 156). Notes of Decisions 478. In general. (1st paragraph.)—Change, 689; affirmed (C. C. A., 1935), 75 F. (2d) citation to read: Cohen, Goldman & Co. v. U. S. (1933), 77 Ct. Cl. 713; certiorari denied (1933), 290 U. S. 681. (3d paragraph.)-Change citation to read: Corporation of the Royal Exchange Assurance v. U. S. (D. C., 1934), 6 F. Supp. Suits for royalties.-Change citation to read: Manufacturers' Aircraft Assn. v. U. S. (1933), 77 Ct. Cl. 481; certiorari denied (1934), 291 U. S. 667. 780. Calling on departments for information (Judicial Code, sec. 164). Notes of Decisions Whether a response to questions propounded might involve disclosure of military secrets is a matter to be acted upon by the head of the department subsequent to the issue of the request for information. Id. In general.-Under the Court of Claims | Cl. 586. procedure, where the defendant is always the Government, "interrogatories" should be addressed to the heads of various departments; as, is the case with reference to "calls for information." Pratt v. U. S. (1938), 87 Ct. 789. Review by Supreme Court.-(a) That in any case in the Court of Claims including those begun under section 180 of the Judicial Code, that court at any time may certify to the Supreme Court any definite and distinct questions of law concerning which instructions are desired for the proper disposition of the cause; and thereupon the Supreme Court may give appropriate instructions on the questions certified and transmit the same to the Court of Claims for its guidance in the further progress of the cause. (b) In any case in the Court of Claims, including those begun under section 180 of the Judicial Code, it shall be competent for the Supreme Court, upon the petition of either party, whether Government or claimant, to require, by certiorari, that the cause be certified to it for review and determination of all errors assigned, with the same power and authority, and with like effect, as if the cause had been brought there by appeal. In such event, the Court of Claims shall include in the papers certified by it the findings of fact, the conclusions of law, and the judgment or decree, as well as such other parts of the record as are material to the errors assigned, to be settled by the Court. The Court of Claims shall promulgate rules to govern the preparation of such record in accordance with the provisions of this section. In such cases the Supreme Court shall have authority to review, in addition to other questions of law, errors assigned to the effect that there is a lack of substantial evidence to sustain a finding of fact; that an ultimate finding or findings are not sustained by the findings of evidentiary or primary facts; or that there is a failure to make any finding of fact on a material issue. (c) All judgments and decrees of the Court of Claims shall be subject to review by the Supreme Court as provided in this section, and not otherwise. Sec. 3, act of Feb. 13, 1925 (43 Stat. 939); act of May 22, 1939 (53 Stat. 752) ; 28 U. S. C. 288. This section has been amended as above. CRIMINAL CODE False claims against the United States, 806. | Member of Congress or officer receiving pay in matters affecting United States, 842. Member of Congress interested in contracts, of high explosives, 854. Laws of States adopted for punishing criminal acts, 857. (Criminal Code, sec. 289.) 806. False claims against the United States (Criminal Code, sec. 35). Notes of Decisions Offenses and elements in general. (28 | v. Mercur Corp. (C. C. A., 1936), 83 F. (2d) paragraph.)-Change citation to read: U. S. 178; certiorari denied (1936), 299 U. S. 578. 807. Purchase or receipt in pledge of property issued to a soldier (Criminal Code, sec. 35).—* Whoever shall purchase, or receive in pledge from any person any arms, equipment, ammunition, clothing, military stores, or other property furnished by the United States under a clothing allowance or otherwise, to any soldier, sailor, officer, cadet, or midshipman in the military or naval service of the United States or of the National Guard or Naval Militia, or to any person accompanying, serving, or retained with the land or naval forces and subject to military or naval law; or to any former member of such military or naval service at or by any hospital, home, or facility maintained by the United States; having knowledge or reason to believe that the property has been taken from the possession of the United States or furnished by the United States under such allowance, or otherwise, shall be fined not more than $500 or imprisoned not more than two years, or both. Sec. 35, act of Mar. 4, 1909 (35 Stat. 1095); act of Oct. 23, 1918 (40 Stat. 1016); act of June 18, 1934 (48 Stat. 997); act of Apr. 4, 1938 (52 Stat. 197); act of Apr. 30, 1940 (54 Stat. 171); 18 U. S. C. 86. This section has been amended as above. 815. Injuries to fortifications or harbor defenses; defensive sea areas (Criminal Code, sec. 44). Under authority of this section defensive sea areas have been established as follows: Pearl Harbor, Hawaii, by Executive Order No. 8143, May 26, 1939. Los Angeles-Long Beach Harbor, by Executive Order No. 8403, May 7, 1940. Executive Order No. 7747, November 29, 1937, establishing a defensive sea area off the coast of San Clemente Island, California, was amended by Executive Order No. 8536, September 6, 1940. |