542. (R. S. § 367.) Interest of United States in pending suits, who may attend to.

The Solicitor-General, or any officer of the Department of Justice, may be sent by the Attorney-General to any State or District

in

in in

M

he United States to attend to the interests of the United States any suit pending in any of the courts of the United States, or the courts of any State, or to attend to any other interest of United States.

Act June 22, 1870, c. 150, § 5, 16 Stat. 162.

Provision for payment of expenses of the Solicitor-General or officer sent on such business, while absent from the seat of government, is made by R. S. § 370, post, $545.

543. (R. S. § 368.) Accounts of district attorneys, marshals, etc. The Attorney-General shall exercise general supervisory powers over the accounts of district attorneys, marshals, clerks, and other officers of the courts of the United States.

or

Act June 22, 1870, c. 150, § 15, 16 Stat. 164.

The accounts mentioned in this section, and all other accounts relating to the business of the Department of Justice of the courts of the United States, other than consular courts, were required to be sent to the Attorney-General and examined under his supervision, by section 13 of the Dockery Act, ante, § 432; and the administrative audit of all expenditures under control of the Department of Justice was to be made in the Division of Accounts of that Department, by a provision of Act Aug. 23, 1912, c. 350, § 1, ante, § 433.

Appropriations are made annually, in the sundry civil appropriation acts, under the heading "Detection and prosecution of crimes," for investigation of official acts, records, and accounts of the officers mentioned in this section and other officers of the courts. The provision for the fiscal year 1914, by Act June 23, 1913, c. 3, § 1, 38 Stat. 52, was as follows:

"Detection and prosecution of crimes: For the detection and prosecution of crimes against the United States; the investigation of the official acts, records, and accounts of marshals, attorneys, clerks, and referees of the United States Courts and the Territorial courts, and United States commissioners, for which purpose all the official papers, records, and dockets of said officers, without exCeption, shall be examined by the agents of the Attorney General at any time; for the protection of the person of the President of the United States; for Such other investigations regarding official matters under the control of the Department of Justice as may be directed by the Attorney General, including not to exceed $10,000 for necessary employees at the seat of government, to be expended under the direction of the Attorney General, $475,000.” 544. (R. S. § 369.) Requisitions.

The Attorney-General shall sign all requisitions for the advance payment of moneys appropriated for the Department of Justice, out of the Treasury, subject to the same control as is exercised like estimates or accounts by the First Auditor or First Comptroller of the Treasury.

on

Act June 22, 1870, c. 150, § 15, 16 Stat. 164.

The designations of the First Auditor and First Comptroller of the Treasury were changed by the Dockery Act of July 31, 1894, c. 174, §§ 3, 4, ante, §§ 402, 417.

545. (R. S. § 370.) Traveling expenses of officers of the Depart

ment.

Whenever the Solicitor-General, or any officer of the Department of Justice, is sent by the Attorney-General to any State, District, or Territory, to attend to any interest of the United States, the per

son so sent shall receive, in addition to his salary, his actual and necessary expenses while absent from the seat of Government; the account thereof to be verified by affidavit.

Act June 22, 1870, c. 150, § 5, 16 Stat. 162.

§ 546. (R. S. § 371.) Disbursement of moneys.

All moneys drawn out of the Treasury upon the requisition of the Attorney-General shall be disbursed by such one of the clerks in the Department of Justice as the Attorney-General may designate. Act June 22, 1870, c. 150, § 11, 16 Stat. 163.

A disbursing clerk is provided for by the annual appropriations for the Department for recent years. The provision for such clerk for the fiscal year 1914 was $2,750, by Act March 4, 1913, c. 142, § 1, 37 Stat. 781.

§ 547. (Act July 31, 1894, c. 174, § 13.) Disbursement of salaries of judges, etc.; certificates of non-absence or cause of absence. Judges receiving salaries from the Treasury of the United States shall be paid monthly by the disbursing officer of the Department of Justice, and to him all certificates of nonabsence or of the cause of absence of judges in the Territories shall be sent. Interstate Commerce Commissioners and other officers, now paid as judges are, shall be paid monthly by the proper disbursing officer or officers. (28 Stat. 210.)

These provisions were part of section 13 of the Dockery Act, cited above. The preceding portion of the section, providing for the examination of accounts of judicial officers in the Department of Justice before transmission to the Treasury Department for settlement, is set forth ante, § 432.

§ 548. (R. S. § 372.) Records formerly appertaining to the office of agent of the Treasury.

The Solicitor of the Treasury shall have charge, within the Department of Justice, of the books, papers, and records formerly appertaining to the office of agent of the Treasury, or to the superintendence of the collection of outstanding direct taxes and internal duties which have been transferred to him by the act of May twentynine, eighteen hundred and thirty, and remain in his charge; and of the seal adopted for the office of the Solicitor of the Treasury. Act May 29, 1830, c. 153, § 2, 4 Stat. 414. Act Feb. 22, 1849, c. 61, § 2, 9 Stat. 347.

§ 549. (R. S. § 373.) Liability of district attorney upon receiving

a bond for suit.

Whenever the Solicitor of the Treasury receives information from a collector of duties that such collector has delivered any bond for duties to a district attorney for suit, the Solicitor of the Treasury shall make such entry thereof as that the attorney may duly appear chargeable therewith, until the amount has been paid to the United States, or he has obtained judgment thereon and delivered execution to the marshal, or otherwise been duly discharged therefrom. Act May 29, 1830, c. 153, § 3, 4 Stat. 414.

§ 550. (R. S. § 374.) Examination of reports of district attorneys and collectors upon bonds delivered for suit.

The Solicitor of the Treasury shall make constant and strict examinations and comparisons of the reports made by collectors

onds for duties delivered by them to district attorneys for suit, of the returns made by district attorneys of such bonds so received by them.

and

Act May 29, 1830, c. 153, § 3, 4 Stat. 414.

551. (R. S. § 375.) False reports of bonds delivered for suit. Whenever it appears that any collector has made return of any bond as in suit, or delivered for suit, which is not, at the time, in sait, or delivered for suit, or has returned any bond as in suit for the whole amount thereof, when part thereof has been paid to him; as in suit for more than is actually due thereon, the Solicitor of the Treasury shall, immediately upon discovery thereof, communicate the facts to the President of the United States.

Act May 29, 1830, c. 153, § 3, 4 Stat. 414.

M 552. (R. S. § 376.) Measures taken for the discovery of frauds. The Solicitor of the Treasury, under direction of the Secretary of the Treasury shall take cognizance of all frauds or attempted frauds upon the revenue, and shall exercise a general supervision Over the measures for their prevention and detection, and for the prosecution of persons charged with the commission thereof.

Act March 3, 1863, c. 76, § 2, 12 Stat. 739.

553. (R. S. § 377.) Rules established by Solicitor of Treasury respecting suits.

The Solicitor of the Treasury shall establish such regulations, not inconsistent with law, with the approbation of the Secretary of the Treasury, for the observance of collectors of the customs, and, with the approbation of the Attorney-General, for the observance of district attorneys and marshals respecting suits in which the United States are parties, as may be deemed necessary for the just responsibility of those officers, and the prompt collection of all revenues and debts due and accruing to the United States. But this section does not apply to suits for taxes, forfeitures, or penalties arising uncler the internal-revenue laws.

Act May 29, 1830, c. 153, § 7, 4 Stat. 415.

Provisions for similar regulations respecting suits under the internal revenue laws were made by R. S. § 3215, post, § 5939.

554. (R. S. § 378.)

recovered.

Report by Solicitor of Treasury of moneys.

The Solicitor of the Treasury shall report all moneys recovered. or collected under his direction to the officer from whom the bond or other evidence of debt was received, who shall give proper credit therefor; and he shall report in like manner all credits allowed by due course of law on any suits under his direction.

M

Act May 29, 1830, c. 153, § 6, 4 Stat. 415.

555. (R. S. § 379.) Instructions by Solicitor of Treasury to district attorneys and other officers.

The Solicitor of the Treasury shall have power to instruct the district attorneys, marshals, and clerks of the circuit and district courts in all matters and proceedings appertaining to suits in which the United States is a party or interested, except suits for taxes,

penalties, or forfeitures under the internal-revenue laws, and to cause them, or either of them, to report to him from time to time any information he may require in relation to the same.

Act May 29, 1830, c. 153, § 5, 4 Stat. 415.

§ 556. (R. S. § 380.) Conduct of suits involving national banks. All suits and proceedings arising out of the provisions of law governing national banking associations, in which the United States. or any of its officers or agents shall be parties, shall be conducted by the district attorneys of the several districts under the direction and supervision of the Solicitor of the Treasury.

Act Feb. 25, 1863, c. 58, § 55, 12 Stat. 680. Act June 3, 1864, c. 106, § 56, 13 Stat. 116.

§ 557. (R. S. § 381.) Duties of United States attorneys.

In the prosecution of any suit for money due the Post-Office Department, the United States attorney conducting the same shall obey the directions which may be given him by the Department of Justice. Act June 8, 1872, c. 335, § 309, 17 Stat. 324.

§ 558. (R. S. § 382.) Proceedings in equity in cases of Post-Office Department.

When proceedings at law for money due the Post-Office Department are fruitless, the Department of Justice may direct the institution of a suit in chancery, in any United States district or circuit court, to set aside fraudulent conveyances or trusts, or attach debts due the defendant, or obtain any other proper exercise of the powers of equity to have satisfaction of any judgment against such defendant.

Act June 8, 1872, c. 335, § 310, 17 Stat. 324.

§ 559. (R. S. § 383.) Publication of opinions.

The Attorney-General shall from time to time cause to be edited, and printed at the Government Printing-Office, an edition of one thousand copies of such of the opinions of the law-officers herein. authorized to be given as he may deem valuable for preservation in volumes, which shall be, as to size, quality of paper, printing, and binding, of uniform style and appearance, as nearly as practicable, with volume eight of such opinions, published, by Robert Farnham, in the year eighteen hundred and sixty-eight. Each volume shall contain proper head-notes, a complete and full index, and such footnotes as the Attorney-General may approve. Such volumes shall be distributed in such manner as the Attorney-General may from time to time prescribe.

Act June 22, 1870, c. 150, § 18, 16 Stat. 165.

Appropriations have been made regularly for employment of a competent person to edit and prepare for publication the successive volumes of Opinions of the Attorney-General, in accordance with this section. The appropriation for Vol. 28 was by Act Aug. 25, 1912, c. 408, § 1, 37 Stat. 610.

§ 560. (R. S. § 384.) Report of business and statistics.

It shall be the duty of the Attorney-General to make to Congress, at the commencement of each regular session, a report of the business of the Department of Justice for the last preceding fiscal year, and of any other matters appertaining thereto that he may deem

proper, including a statement of the several appropriations now or which may hereafter be placed under its control, the amount appropriated, and a detailed statement of the amounts used for defraying the expenses of the United States courts in each judicial district; also the statistics of crime under the laws of the United Stat es, and a statement of the number of causes, civil and criminal, pending during the preceding year in each of the several courts of the United States.

Act June 22, 1870, c. 150, § 12, 16 Stat. 164. Act March 3, 1878, c. 238, § 17 Stat. 578.

Further requirements as to matters to be included in the report of the Attorney-General, contained in Act June 20, 1874, c. 328, § 1, and Act June 30, 1879, c. 52, § 3, are set forth post, §§ 561, 562.

A report of the suits under Jud. Code, § 180, post, § 1171, in which a final judgment or decree has been rendered, was required by Jud. Code, § 183, post, § 1174.

Provisions applicable to all the Departments, as to the time of making annual reports, and the time of furnishing copies thereof to the printer, were Contained in R. S. §§ 195, 196, ante, §§ 278, 279.

561. (Act June 20, 1874, c. 328, § 1.) Report of expenditure of contingent fund.

The Attorney-General shall hereafter annually report to Congress, in detail, the items, amounts, and causes of expenditure of the contingent expenses of this Department. (18 Stat. 109.)

This was a provision accompanying an appropriation for contingent expenses of the Department in the legislative, executive, and judicial appropriation act for the fiscal year 1875, cited above.

Provisions applicable to all the Departments, as to reports of expenditures of contingent funds, were contained in R. S. § 193, ante, § 275.

562. (Act June 30, 1879, c. 52, § 3.) Report of payments from

appropriations.

The Attorney-General shall include in his annual report a statement of all payments or expenditures during any fiscal year out of any appropriation fund subject to requisitions by him. (21 Stat. 44.)

&

of

This section was part of an act making appropriations for certain judicial expenses of the government, etc., cited above.

Provisions for requisitions by the Attorney-General for moneys appropriated for the Department were made by R. S. § 369, ante, § 544.

563. (R. S. § 385.) Report of additional attorneys and counsel employed.

The Attorney-General shall make an annual report to Congress the names of all persons employed or retained as attorneys or counselors at law to assist any district attorneys in the performance their duties, stating where and upon what business each was employed, and the compensation paid to each.

of

Act April 10, 1869, c. 25, 16 Stat. 46.

Provisions for employment of such additional attorneys, etc., were made by R. S. § 363, ante, § 538.

Further requirements as to similar matters to be reported, contained in Act

May 28, 1896, c. 252, § 23, are set forth post, § 564.

Provisions applicable to all the Departments, as to the time of making annual reports, and the time of furnishing copies thereof to the printer, were made by R. S. §§ 195, 196, ante, §§ 278, 279.