March last, and of all military claims lodged in the late office of the Paymaster General and Commissioner of Army Accounts, which are not foreclosed by the acts of limitation of the late Congress, and he shall report, from time to time, all such settlements as have been made by him, for the inspection and revision of the Comptroller of the Treasury. SEC. 2. That the Treasurer of the United States shall disburse all, Repealed May such moneys as shall have been previously ordered for the use of the Department of War by warrants from the Treasury; which disbursements shall be made pursuant to warrants from the Secretary of War, countersigned by the accountant. , 1822. Mar. SEC. 6. That the Secretary of the Treasury shall direct the super- Commissioner of Customs esintendence of the collection of the duties on impost and tonnage as he tablished shall judge best. * * * [NOTE. That the duty was assigned to the Comptroller of the Treasury on October 25, 1792.] Act approved February 9, 1793, chap. 4, "An act to continue in force for a limited time, and to amend the act entitled 'An act providing the means of intercourse between the United States and foreign nations.' (1 Stat., 299.) SEC. 2. That in all cases where any sum or sums of money have issued, or shall hereafter issue, from the Treasury for the purposes of intercourse or treaty with foreign nations in pursuance of any law, the President shall be, and he hereby is, authorized to cause the same to be duly settled, annually, with the accounting officers of the Treasury in the manner following, that is to say, by causing the same to be accounted for specifically in all instances wherein the expenditure thereof may, in his judgment, be made public; and by making a certificate or certificates, or causing the Secretary of State to make a certificate or certificates, of the amount of such expenditures as he may think it advisable not to specify; and every such certificate shall be deemed a sufficient voucher for the sum or sums therein expressed to have been expended. 3, 1849. See sec. 291, R. S. Act approved February 28, 1795, chap. 36, "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; and to repeal the act now in force for those purposes." (1 Stat., 425.) R. S. SEC. 8. And be it further enacted, That the marshals and their depu- See sec. 1660, ties shall pay all such fines by them levied to the supervisor of the revenue in the district in which they are collected within two months after they shall have received the same, deducting therefrom five per centum as a compensation for their trouble; and in case of failure the same shall be recoverable by action of debt or information in any court of the United States of the district in which such fines shall be levied having cognizance thereof, to be sued for, prosecuted, and recovered in the name of the supervisor of the district, with interest and cost. See act of Mar. 3, 1797. Act approved March 3, 1795, chap. 48, "An act for the more effectual recovery of debts due from individuals to the United States." (1 Stat., 441.) SEC. 1. That the Comptroller of the Treasury be, and he is hereby, authorized to issue a notification to any person who has received moneys for which he is accountable to the United States, or to the executor or administrator of such person, if he be deceased, requiring him to render to the Auditor of the Treasury Department, at such time as he shall think reasonable, according to the circumstances of the case, within twelve months from the date of such notification, all his accounts and vouchers for the expenditure of the said moneys, and in default thereof suit shall, at the discretion of the Comptroller of the Treasury, be commenced for same without further notice. And the party sued as aforesaid shall be subject to the costs and charges of such suits whether the ultimate decision shall be in his favor or against him. See sec. 3624, R. S. See sec. 886, R. S. Act approved March 3, 1797, chap. 20, “An act to provide more effectually for the settlement of accounts between the United States and the receivers of public money." (1 Stat., 512.) SEC. 1. That when any revenue officer, or other person accountable for public money, shall neglect or refuse to pay into the Treasury thesum or balance reported to be due to the United States upon the adjustment of his account, it shall be the duty of the comptroller, and he is hereby required, to institute suit for the recovery of the same, adding to the sum stated to be due on such account the commissions of the delinquent, which shall be forfeited in every instance where suit is commenced and judgment obtained thereon, and an interest of six per cent per annum from the time of receiving the money until it shall be repaid into the Treasury. SEC. 2. That in every case of delinquency, where suit has been or shall be instituted, a transcript from the books and proceedings of the Treasury, certified by the register and authenticated under the seal of the department, shall be admitted as evidence, and the court trying the cause shall be thereupon authorized to grant judgment and award execution accordingly. And all copies of bonds, contracts, or other papers relating to, or connected with, the settlement of any account between the United States and an individual, when certified by the register to be true copies of the originals on file, and authenticated under the seal of the department, as aforesaid, may be annexed to such transcripts and shall have equal validity and be entitled to the same degree of credit which would be due to the original papers if produced and authenticated in court: Provided, That where suit is brought upon a bond or other sealed instrument and the defendant shall plead "non est factum," or upon motion to the court, such plea or motion being verified by the oath or affirmation of the defendant, it shall be lawful for the court to take the same in consideration, and (if it shall appear to be necessary for the attainment of justice) to require the production of the original bond, contract, or other paper specified in such affidavit. Act approved July 16, 1798, chap. 85, "An act to alter and amend several acts for the establishment and regulation of the Treasury, War, and Navy Departments." (1 Stat., 610.) abolished Mar. SEC. 1. Be it enacted, &c., That there shall be in the Department of Accountant the Navy an officer to be denominated accountant of the Navy, who 3, 1817. shall be charged with the settlement of all accounts for moneys advanced and stores issued or distributed, by or under the direction of the Secretary of the Navy, and who shall report, from time to time, all such settlements as shall have been made by him for money advanced or issued, for the inspection and revision of the accounting officers of the Treasury. Repealed May 7, 1822. SEC. 2. That the Treasurer of the United States shall disburse all such money as shall have been previously ordered for the use of the Department of the Navy by warrants from the Treasury; which disbursements shall be made pursuant to warrants from the Secretary of the Navy, countersigned by the accountant. SEC. 6. And be it further enacted, That all contracts to be made, by See sec. 3748, virtue of this act or of any law of the United States, and requiring the advance of money, or to be in any manner connected with the settlement of public accounts, shall be deposited in the office of the Comptroller of the Treasury of the United States within ninety days after their dates, respectively. Act approved March 2, 1799, chap. 22, "An act to regulate the collection of duties on imports and tonnage." (1 Stat., 641.) SEC. 20. And be it further enacted, That all officers and persons to be appointed pursuant to this act, before they enter upon their duties of their respective offices, shall severally take and subscribe an oath or affirmation diligently and faithfully to execute the duties of their said offices respectively, which oath or affirmation shall be of the form and tenor following, to wit: * And the oath or affirmation aforesaid, * * shall within three months thereafter be transmitted to the Comptroller of the Treasury, in default of taking such oath, or transmitting a certificate thereof, the party failing shall forfeit and pay two hundred dollars, to be recovered with cost of suit in any court of competent jurisdiction, to the use of the United States. Act approved March 2, 1799, chap. 23, "An act to establish the com- R. S. See sec. 2618, R. S. See sec. 2639, R. S. See sec. 271, R. S. Act approved March 3, 1809, chap. 28, "An act further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments." (2 Stat., 536.) SEC. 2. That it shall be the duty of the Comptroller of the Treasury in every case where in his opinion further delays would be injurious to the United States, and he is hereby authorized to direct the Auditor of the Treasury and the accountants of the War and Navy Departments, at any time, forthwith to audit and settle any particular account which the said officers may be respectively authorized to audit and settle, and to report such settlement for his revision and final decision. See sec. 4579, R. S. Act approved February 28, 1811, chap. 28, "An act in addition to the act entitled 'An act supplementary to the act concerning consuls and vice consuls,' and for the protection of American seamen." (2 Stat., 651.) Be it enacted, &c., That in all cases where distressed mariners and seamen of the United States have been transported from foreign ports where there was no consul, vice consul, commercial agent, or vice commercial agent of the United States, to ports of the United States; and in all cases where they shall hereafter be so transported, there shall be allowed to the master or owner of each vessel, in which they shall or may have been transported, such reasonable compensation, in addition to the allowance now fixed by law, as shall be deemed equitable by the Comptroller of the Treasury. See act of Mar. 8, 1849. Act approved April 25, 1812, chap. 68, "An act for the establishment of a General Land Office in the Department of the Treasury." (2 Stat., 716.) * SEC. 9. That all returns relative to the public lands, heretofore directed to be made to the Secretary of the Treasury, shall hereafter be made to the said commissioner [the Commissioner of the General Land Office] who shall have power to audit and settle all public accounts relative to the public lands; * * Provided, That it shall be the duty of the said commissioner, upon the settlement of any such account, to certify the balance, and transmit the account with the vouchers and certificate to the Comptroller of the Treasury, for his examination and decision thereon." See sec. 1660, R. S. Act approved February 2, 1813, chap. 18, “An act supplementary to an act entitled 'An act to provide for calling forth the militia to execute the laws, suppress insurrections, and repel invasions,' and to repeal the act now in force for those purposes, and to increase the pay of volunteer and militia corps." (2 Stat., 797.) SEC. 2. And be it further enacted, That the marshals shall pay all fines which have been levied and collected by them or their respective deputies, under the authority of the acts herein referred to, into the Treasury of the United States, within two months after they shall have received the same, deducting five per centum for their own trouble; and in case of failure it shall be the duty of the Comptroller of the Treasury to give notice to the district attorney of the United States, who shall proceed against the said marshal in the district court by attachment for recovery of the same. Act approved February 23, 1815, chap. 51, "An act requiring the Secretary of the Senate and Clerk of the House of Representatives in the Congress of the United States to give security for the faithful application and disbursement of the contingent funds of the Senate and House of Representatives." (3 Stat., 212.) * * SEC. 1. * to give bond to the United States, with one or more sureties, to be approved by the Comptroller of the Treasury, which bond shall be deposited in the Comptroller's Office. * * * Act approved April 9, 1816, chap. 40, "An act to authorize the payment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes." (3 Stat., 261.) ferred to Third SEC. 11. And be it further enacted, That for the more speedy execu- Duties transtion of the provision of this act the President of the United States, by Auditor Apr. 20, and with the advice and consent of the Senate, is hereby authorized 1818. to appoint one commissioner, whose duty it shall be to decide upon all cases arising under this act, and who, in the discharge of his duties shall be subject to such rules and regulations as shall be prescribed by the President of the United States. Such commissioner shall receive, as compensation for his services, at the rate of two thousand dollars per annum for the time he shall actually be employed, which shall not exceed two years, to be computed from and after the passage of this act. Act approved April 16, 1816, chap. 55, "An act making further provision for military services during the late war, and for other purposes." (3 Stat., 285.) * * * States, during the late war * * * SEC. 1. Be it enacted, &c., That when any officer or private soldier of the militia shall have died while in the service of the United and shall have left a widow, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death. * * * such widow * * * * * * Settlements assigned to Second Auditor by Secretary of War. Act approved April 29, 1816, chap. 140, "An act supplementary to an act making alterations in the Treasury and War Departments, passed the eighth day of May, 1792." (3 Stat., 322.) countant abol 1817. SEC. 1. Be it enacted, &c., That there shall be appointed by the Additional acPresident of the United States, by and with the advice and consent of ished Mar. 3, the Senate, an additional accountant in the Department of War, whose duty it shall be to adjust and settle all the accounts in that department existing at the conclusion of the late war and are now unsettled. In 75554-11-3 |