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myself, my heirs, executors, administrators and assigns, remise, release, and forever discharge the Government of the United States, any and all of its officers and agents, from any and all claims, demands, actions, or causes of action, arising out of any injury or death that may occur to me by reason of the said flight or flights irrespective of how much injury, or that death may occur.

(Signature)

(Witness)

(Witness)

(Witness)

(Name of person to be notified in emergency)

(Address of person to be notified in emergency) (R.S. 161; 5 U.S.C. 22) [Par. 20, AR 95–15, Apr. 21, 1930]

PART 22-ASSISTANCE TO CIVIL AIRCRAFT

Sec.

Sec. 22.1 Authority.

22.5 Prohibited sales. 22.2 Competition with private enter- 22.6 Emergency storage and overhaulprise.

ing. 22.3 Rules to be observed.

22.7 Prices to be charged. 22.4 Emergency sales.

CROSS REFERENCE

Bureau of Air Commerce, Department of Commerce: See Civil Aviation, 14 CFR Chapter I.

Section 22.1_Authority. Air navigation facilities owned or operated by the War Department may be made available for the use of civil aircraft when such action is necessary to the continuance of such aircraft on its course to the nearest airport operated for commercial purposes. No exceptions will be made without the specific authority of the War Department.t (Sec. 5 (c), 44 Stat. 571; 49 U.S.C. 175 (c)) [Par. 1]

*The source of 88 22.1 to 22.7, inclusive, (except for amendments noted in the text,) is Army regulations 95–50, Secretary of War, Mar. 14, 1927.

22.2 Competition with private enterprise. Under no conditions will War Department air navigation facilities be made available for the use of civil aircraft in competition with private enterprise. (Sec. 5 (c), 44 Stat. 571; 49 U.S.C. 175 (c)) [Par. 3]

22.3 Rules to be observed. Civil aircraft utilizing the air navigation facilities owned or operated by the War Department will at all times comply with the air and ground rules and regulations promulgated by the War Department, the Chief of the Air Corps, or the commanding officer of the establishment to which the facilities being employed pertain. These rules and regulations may be obtained by application to The Adjutant General, Washington, D. C. Any violation of the rules and regulations in this part will be made the subject of a report to The Adjutant General.f (Sec. 5 (c), 44 Stat. 571; 49 U.S.C. 175 (c)) [Par. 4]

For source citation, see note to § 22.1.

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22.4 Emergency sales. Commanding officers of Air Corps stations are authorized to make emergency sales of aircraft fuel, oil, equipment, and supplies, and to furnish mechanical service, temporary shelter, and other assistance for cash in emergency where such supplies or assistance is required in order that aircraft may continue on its course to the nearest airport operated by private enterprise. (Sec. 5 (d), 44 Stat. 571; 49 U.S.C. 175 (d)). [Par. 5, AR 55–50, Mar. 14, 1927, as amended by C2, May 16, 1936]

22.5 Prohibited sales. Complete engines, airplane wings, and other major items of equipment will not be sold.t (Sec. 5 (d), 44 Stat. 571; 49 U.S.C. 175 (d)) [Par. 6]

22.6 Emergency storage and overhauling. Civil aircraft damaged to such an extent that major repairs are required may be given emergency storage at the request of the pilot, providing necessary facilities are available, at the rates for shelter shown in $ 22.7, but a major or minor overhauling of civil aircraft will not be made at Air Corps stations by Army personnel.

Damaged aircraft may, when facilities are available, be stored in its original damaged condition, but the Government will not assume any responsibility for its safekeeping and the owner will be required to take charge of it and remove it from Government storage at the earliest date possible.† (Sec. 5 (d), 44 Stat. 571; 49 U.S.C. 175 (d)) [Par. 7]

22.7 Prices to be charged. All articles will be sold and assist ance furnished at the fair market value prevailing locally, but in no case will aviation supplies be sold for less than cost price plus 15 percent for transportation, handling, etc. In cases where similar supplies are not available in near-by localities the price charged will be cost price plus 15 percent. On all aviation supplies except gasoline and oil, the price listed in Air Corps catalogs will be considered as the cost price. Cost prices on aviation gasoline and oil will be published semiannually by the Chief of the Air Corps, based on the prevailing contract price. Mechanical services furnished will be charged for on the same basis as the local rate for similar work, if such rates can be determined by Air Corps station commanders. In case there are no local firms employing similar types of mechanics and a fair local value for such services can not be determined, mechanical service will be charged for at the rate of $1.25 per hour per mechanic.

Charges for shelter of civil aircraft will be made at the rate of $1 per single-engined airplane per day and $3 per dual or multiengined airplane per day, where no local price for shelter has been established. The free storage of airplanes owned and operated, not for profit, by Regular Army personnel, Reserve officers when on active duty, and officers of the National Guard when in the Federal service, is authorized when facilities are available and the storage can be accomplished without interruption to normal operations. (Sec. 5 (d), 44 Stat. 571; 49 U.S.C. 175 (d)). [Par. 8, AR 95–50, Mar. 14, 1927, as amended by C 2, May 16, 1936]

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†For source citation, see note to 8 22.1.

CHAPTER III—CLAIMS AND ACCOUNTS

Part

Part 31 Bonds of accountable officers

35 Payment of bills and accounts 32 Duplicate checks

36 Claims against the United States 33 Gratuity upon death

37 Claims on behalf of the United States 34 Military court fees

CROSS REFERENCES

Accounts and Deposits, Treasury Department: See Money and Finance:

Treasury, 31 CFR Chapter III.
General Accounting Office: See Accounts, 4 CFR Chapter I.

EDITORIAL NOTE: For list of abbreviations used in this chapter, see note to § 1.1.

PART 31-BONDS OF ACCOUNTABLE OFFICERS

Sec.
31.1 Individuals as sureties.

Sec.
31.2 Release of sureties.

CROSS REFERENCE

Issue of duplicate checks of the United States : See Money and Finance: Treas

ury, 31 CFR Part 204. Section 31.1 Individuals as sureties—(a) Liability. Sureties to bonds given by disbursing officers, if individuals, will be bound jointly and severally for the whole amount expressed therein, and must satisfy the Secretary of War that they are worth, jointly, double such amount, each surety making affidavit that he is worth that sum over and above his debts and liabilities, and stating in the affidavit his place of residence.

(b) Affidavit to be submitted every two years. Where the sureties are individuals, an affidavit of surety, on the prescribed Treasury Department form, must be submitted at the end of two years.

(c) Government contractor may not be surety. The Secretary of War may not approve as surety on the bond of a disbursing officer the name of a person appearing as a Government contractor in the district in which that officer is on duty. (R.S. 161; 5 U.S.C. 22) [Par. 10, AR 35-220, Feb. 10, 1938]

31.2 Release of sureties-(a) Secretary of War may not release by cancelation of bonds. While the Secretary of War may, if he deems the security insufficient, require further security, he may not without authority of Congress release security which has been accepted by the cancelation of a bond once accepted. (See Op. J.A.G. Jan. 3, 1917; sec. 671, Dig. Ops. J.A.G. 1912–1930.)

(b) New bond does not release sureties on old bond. Where under the Act of March 2, 1895, which provides that "every officer

1 Form may be obtained from the Office of the Commissioner of Accounts and Deposits, U. S. Treasury Department, Washington, D. C.

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whose duty it is to take and approve official bonds shall cause all such bonds to be renewed every four years after their dates', an officer renews his bond by giving a bond during the same term of office, the new bond does not operate to release the sureties on the first bond from liability for future transactions, but the sureties on the old and new bonds are jointly and severally liable therefor. (See 5 Comp. Dec. 918.) (R.S. 161; 5 U.S.C. 22) [Par. 11, AR 35–220, Feb. 10, 1938]

PART 32-DUPLICATE CHECKS Section 32.1 Issuance of duplicate checks. No disbursing officer or special disbursing agent is authorized to issue a duplicate check except as prescribed in the regulations in 31 CFR Part 204. (R.S. 3646, 39 Stat. 37; 31 U.S.C. 528) [AR 35–600, May 16, 1938]

CROSS REFERENCE: For treasury regulations regarding lost, stolen, or destroyed official checks, see 31 CFR 204.0–204.5.

PART 33—GRATUITY UPON DEATH

Sec.

Sec. 33.1 Definition of pay.

33.5 Irregularities in designation of 33.2 Exempt from indebtedness.

beneficiary. 33.3 When payment may not be made. 33.6 Payments to beneficiaries. 33.4 Definition of beneficiary.

CROSS REFERENCE Veterans Administration: See Pensions, Bonuses, and Veterans' Relief, 38 CFR Chapter I.

Section 33.1 Definition of pay. The six months' pay due the beneficiary of an officer or enlisted man includes the compensation of every kind and character received by such officer or enlisted man at the date of his death and is distinguished from allowances. (See 14 Comp. Dec. 857.) (Secs. 1, 2, 41 Stat. 367, 42 Stat. 1385; 10 U.S.C. 903) [Par. 3, AR 35–1540, Mar. 15, 1937]

33.2 Exempt from indebtedness. The amount of the six months' pay cannot be used for the debts of the officer or soldier, not even for overpayments. (See Manuscript Decision of the Comptroller of the Treasury, May 14, 1913.) (Secs. 1, 2, 41 Stat. 367, sec. 9, 41 Stat. 766, 42 Stat. 1385; 10 U.S.C. 903) [Par. 4, AR 35–1540, Mar. 15, 1937]

33.3 When payment may not be made. Where it is shown that there is no widow or child and no person has been previously designated by the officer or enlisted man as beneficiary of the gratuity of six months' pay, no payment under the Act is authorized. (See 14 Comp. Dec. 913, 1 Comp. Gen. 771.)

Payment of six months gratuity pay may not be made to a person who takes the life of another, whether or not the act be punished by the State or other civil authority concerned. (See MS. Comp. Gen. A-60953, June 12, 1935.)

In view of the provisions of the Act of March 2, 1923 (42 Stat. 1385; 10 U.S.C. 903), the term "child” as used in these regulations is not to be construed as including any married child or unmarried child over twenty-one years of age of a deceased officer or enlisted man who is not actually a dependent of such deceased officer or

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enlisted man. (See 4 Comp. Gen. 730.). (Secs. 1, 2, 41 Stat. 367, sec. 9, 41 Stat. 766, 42 Stat. 1385; 10 U.S.C. 903) [Par. 5, AR 35-1540, Mar. 15, 1937]

33.4 Definition of beneficiary. Under the provisions of the Act of December 17, 1919 (41 Stat. 367; 10 U.S.C. 903), the widow and children of the deceased are designated as prior beneficiaries in the order named. It is only in the event that the officer or enlisted man leaves neither widow nor child that a dependent relative previously designated can become a beneficiary. The term “any other dependent relative” means any person who is related to the officer or enlisted man either by consanguinity (i. e., blood) or by affinity (i. e., by marriage) and who is dependent upon him, and only such dependent relatives may be designated as beneficiaries. A husband is related by affinity to all persons related to his wife by consanguinity, and the wife is related by affinity to all persons related to her husband by consanguinity. But neither is related by affinity to any person related to the other by affinity, and blood relations of the husband and blood relations of the wife are not related to each other by affinity. A friend is not eligible for designation as a beneficiary. A relative other than a wife or an unmarried child under 21 years of age, unless actually dependent upon the officer or the enlisted man at the time of his death, may not receive payment of the six months' gratuity, even though designated by the officer or enlisted man as beneficiary. (Secs. 1, 2, 41 Stat. 367, sec. 9, 41 Stat. 766, 42 Stat. 1385; 10 U.S.C. 903) [Par. 2, AR 660–600, Jan. 31, 1931]

33.5 Irregularities in designation of beneficiary. A will is not a designation within the meaning of the act providing the six months' gratuity pay, as that gratuity is not a debt or money due him and can not become a part of his estate. (See 21 Comp. Dec. 856.)

Upon the death of an officer of the Army in line of duty leaving a mother and no other dependents, the designation of his mother to receive the six months' death gratuity under the Act of December 17, 1919 (41 Stat. 367; 10 U.S.C. 903), is sufficiently established by the naming of the mother as beneficiary on the official designation form duly filled out and signed by the officer, but not certified, witnessed, or filed with the proper depository as required by the Army Regulations. (See 3 Comp. Gen. 80.)

All cases wherein there are irregularities in the designation of beneficiaries will be submitted to the Chief of Finance for decision of the Comptroller General in accordance with Army Regulations, before making payment. (Secs. 1, 2, 41 Stat. 367, sec. 9, 41 Stat. 766, 42 Stat. 1385; 10 U.S.C. 903) [Par. 6, AR 35–1540, Mar. 15, 1937]

33.6 Payments to beneficiaries. Payments of the six months' gratuity pay may be made to beneficiaries in the following order: (a) If there be a widow, payment will be made to the widow only. (b) If there be no widow, payment will be made to the child or children, if there are any entitled to payment. (c) If there be no widow or child, payment will be made to the dependent relative previously designated by the deceased as his beneficiary to whom the gratuity is to be

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