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190.

20 Stat. L., 277.

22d of Febru. ary.

day.

Christmas.

day.

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holidays within the District of Columbia, and shall, for all Seo note 1, p. purposes of presenting for payment or acceptance for the maturity and protest, and giving notice of the dishonor of bills of exchange, bank checks, and promissory notes or other negotiable or commercial paper, be treated and considered as is the first day of the week, commonly called Sunday, and all notes, drafts, checks, or other commercial or negotiable paper falling due or maturing on either of said holidays shall be deemed as having matured on the day previous.

That section nine hundred and ninety-three of the Jan. 31, 1879. Revised Statutes of the Uniteil States relating to the Dis. trict of Columbia be, and the same liereby is, amended by District of Coadding to the days therein declared to be holidays within lumbia: the District the twenty-second day of February; and such day shall be a holiday for all the purposes mentioned in New Year's said section: Provided, That this act shall not apply to the fourth of July. twenty-second day of February, eighteen hundred and sev.

Fast day: enty-nine.

Thanksgiving Presidential Inau guration

Decoration day.

Monday, when either fälls

Sunday. That whenever any day set apart as a legal holiday within Dec. 20,1881. the District of Columbia shall fall on the first day of the 22 Stat. L., 1. week, commonly called Sunday, then and in such event legal holidays the day next succeeding shall be a holiday within the Dis-lumbia, falling trict of Columbia, and shall for all purposes of presenting °R. S. of D. C., for payment or acceptance, for the maturity and protest 993. and giving notice of the dishonor of bills of exchange, ch, 38, and note. bank-checks, and promissory notes or other negotiable or commercial paper, be treated and considered as is the first day of the week, commonly called Sunday, and all notes, drafts, checks, or other commercial or negotiable paper falling due or maturing on such holiday shall be deemed as having matured on the Saturday previous.

That the employees of the Navy Yard, Government Print- Jan. 6, 1885. ing Office, Bureau of Printing and Engraving, and all other 23 Stat. L., 516. per diem employees of the Government on duty at Wash. Per diem emington, or elsewhere in the United States, shall be allowed Government the following holidays, to wit: The first day of January, the receive box for twenty-second day of February, the fourth day of July, the Jan. 31, 1879, twenty-fifth day of December, and such days as may be June 30 designated by the President as days for national thanks. Aug. 1, 1888, ch. giving, and shall receive the same pay as on other days.

That all per diem employees of the Government, on duty Feb. 23, 1887. at Washington or elsewhere in the United States, shall 24 Stat. L., 641. be allowed the day of each year, which is celebrated as 6 Memorial” or “Decoration Day” and the fourth of July for Decoration

ployees to be paid of each year, as holiday, and shall receive the same pay as Bar and 4th of on other days.

That the thirtieth day of May in each year, usually called Aug. 1, 1885. “Decoration Day,” shall be, and hereby is, made a holiday 23 Stat. L., 353.

Jan. 31, 1879,

to

722.

Per diem em.

Jan. 31, 1879, ch. 38.

993.

Title 4.

dinate clerks

Chief clerks to

etc.

Decoration within the District of Columbia as fully in all respects as District of Co-are the days mentioned as holidays in section nive hundred lumbia.

and ninety-three of the Revised Statutes of the District of

Columbia. June 28, 1894. That the first Monday of September in each year, being 28 Stat. L., 96. the day celebrated and known as Labor's Holiday, is hereby Labor Day a made a legal public holiday, to all intents and purposes, in R. S., D. c., s the same manner as Christmas, the first day of January,

the twenty-second day of February, the thirtieth day of May, and the fourth day of July are now made by law public holidays.

SEC. 173. Each chief clerk in the several Departments, Chief clerks to and Bureaus, and other offices connected with the Departsupervise subor.

ments, shall supervise, under the direction of his immerli. Aug; 26, 1842,8. ate superior, the duties of the other clerks therein, and 13, p. 525.

see that they are faithfully performed.

SEC. 174. Each chief clerk shall take care, from time to distributo duties,

tiine, that the duties of the other clerks are distributed Idem.

with equality and uniformity, according to the nature of the case.

He shall revise such distribution from time to time, for the purpose of correcting any tendency to undue accumulation or reduction of duties, whether arising from individual negligence or incapacity, or from increase or diminution of particular kinds of business. And he shall report inonthly to his superior officer any existing defect that he may be aware of in the arrangement or dispatch

of business. Duty of chief Sec. 175. Each bead of a Department, chief of a Bureau, on receipt of re. port.

or other superior officer, shall, upon receiving each monthly Idem. report of his chief clerk, rendered pursuant to the preceding

section, examine the facts stated therein, and take such measures, in the exercise of the powers conferred upon him by law, as may be necessary and proper to amend any existing defects in the arrangement or dispatch of business

disclosed by such report. Disbursing SEC. 176. The disbursing clerks authorized by law in the Mar. 3, 1853, s. several Departments shall be appointed by the heads of

29, 239-211; the respective Departments, from clerks of the fourth class; 5. 10, p. 669; 'Mar. and shall each give a bond to the United States for the 3, 1873, s. 1, v. 17, faithful discharge of the duties of his office according to

See act Mar. 3, law in such amount as shall be directed by the Secretary 1883, providirg a superin

of the Treasury, and with sureties to the satisfaction of tendent of State, the Solicitor of the Treasury; and shall from time to time Department renew, strengthen, and increase his official bond, as the building under Secretary of the Treasury may direct. Each disbursing Navy Depart.

clerk, except the disbursing clerk of the Treasury Department, must, when directed so to do by the head of the Department, superintend the building occupied by his Department. Each disbursing clerk is entitled to receive, in compensation for his services in disbursing, such sum in addition to his salary as a clerk of the fourth class as shall make his whole annual compensation two thousand dollars a year.

clerks.

for

ment.'

SEC. 194. The head of each Department shall make an Report of

clerks employed. annual report to Congress of the names of the clerks and Aug. 26, 1842 other persons that have been employed in his Department s. 11, 1.5, p. 525. and the offices thereof; stating the time that each clerk or other person was actually employed, and the sums paid to each; also, whether they have been usefully employed; whether the services of any of them can be dispensed with without detriment to the public service, and whether the removal of any individuals, and the appointment of others in their stead, is required for the better dispatch of business.

SEC. 195. Except where a different time is expressly Time of subprescribed by law, the various annual reports required to reports annual be submitted to Congress by the heads of Departments Various acts of shall be made at the commencement of each regular session and shall embrace the transactions of the preceding year. SEC. 198. The head of each Department shall, as soon

of employees to as practicable after the first day in July in each year in be tiled in Intewhich a new Congress is to assemble, cause to be filed in rior Department. the Department of the Interior a full and complete list of 1. V. 3. D: 342 all officers, agents, clerks, and employees employed in his Mar. 3.186.1, s. Department, or in any of the offices or Bureaus connected 14, 1832, v. 4. p. therewith. He shall include in such list all the statistics s. 2, v. 20, p. 13; peculiar to his Department required to enable the Secre- June 16, 1880, v. tary of the Interior to prepare the Biennial Register. Soo Public

Bieunial lists

Documents.

TEMPORARY VACANCIES.

Sec.

ments.

Title 4.

filled.

See noto 1.

Sec.
177. Vacancies, how temporarily filled. 181. Restriction on temporary appoint-
178. Vacancies in subordinate offices.
179. Discretionary authority of the Presi. 182. Extra compensation disallowed.

dept.
180. Temporary appointments limited to

ten days. SEC. 177. In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole Vacancies, how

temporarily assistant thereof shall, unless otherwise directed by the President, as provided by section one hundred and seventy. 1, July, 23. 1868, s. nine, perform the duties of such head until a successor is appointed, or such absence or sickness shall cease. SEC. 178. In case of the death, resiguation, absence, or Vacancies in

subordinato of. sickness of the chief of any Bureau, or of any officer thereof, fiees whose appointment is not vested in the head of the Depart. Idem, s. 2. ment, the assistant or deputy of such chief or of such officer, or if there be nove, then the chief clerk of such Bureau, shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease.

Note 1.-Under sections 177 to 180, a vacancy occasioned by the death or resignation of the head of a Department, or of a chiet of a bureau therein, can be filled by appointment ad interim for a period of ten days only. The power is then exhausted. (Op. XVI, 596, Devens, Dec. 31, 1880.) The ten days is to be computed from the dato of the President's action. (Ibid, 457.)

376—13

Discretionary SEC. 179. In any of the cases mentioned in the two preauthority of the President.

ceding sections, except the death, resignation, absence, or July 23, 1868, 8: sickness, of the Attorney-General, the President may, in June 22, 1870, s. his discretion, authorize and direct the head of any other 2, v. 16, p. 162.

Department or any other officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sick.

ness or absence of the incumbent shall cease. Temporary ap. SEC. 180. A vacancy occasioned by death or resignation pointments lim.

ted to thirty must not be temporarily filled under the three preceding days, sections for a longer period than thirty days.

July 23, 1868, s. 3, v. 15, p. 168.

Act of Feb. 6, 1891. 26 Stats., p. 733. Restriction on SEC. 181. No temporary appointment, designation, or temporary appointments. assignment of one officer to perform the duties of another, Idem, s. 2.

in the cases covered by sections one hundred and seventyseven and one hundred and seventy-eight, shall be made otherwise than as provided by those sections, except to fill

a vacancy happening during a recess of the Senate. Extra compen. SEC. 182. An officer perforining the duties of another sation digal. lowed.

office, during a vacancy, as authorized by sections one hunIdem, 8. 3. dred and seventy-seven, one hundred and seventy-eight,

and one hundred and seventy-nine, is not by reason thereof entitled to any other compensation than that attached to his proper office.

Seo note 2.

TENURE OF OFFICE, ETC.
Sec.

Sec.
1760. Unanthorized office, no salary for. 1774. Notification of appointments to Sec-
1761. Appointees to fill vacancies during

retary of Treasury. recess of Senate.

1775. Notification of nominations, rejec. 1762. Salaries to officers iinproperly hold.

tions, etc., to Secretary of Treas. ing over

ury. Act March 3, 1887. Repeal of tonure of 1786. Proceedings against persons illeoffice act.

gally holding office. 1773. Commissions.

1787. Penalty for illegally holding oflice.

Title 19.

SEC. 1760. No money shall be paid froin the Treasury to Unauthorized any person acting or assuming to act as an officer, civil, office, no salary military, or naval, as salary, in any office when the office

Feb. 9, 1863, s. is not authorized by some previously existing law, unless 2, v. 12, p. 646.

such office is subsequently sanctioned by law. No salaries to SEC. 1761. No money shall be paid from the Treasury, ees to fill vacan. as salary, to any person appointed during the recess of the cies during recess Senate, to fill a vacancy in any existing office, if the Idem. vacancy

existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until such appointee has been confirmed by the Senate.

SEC. 1762. No money shall be paid or received from the cery improperly holding over. Treasury, or paid or received from or retained out of any

public moneys or funds of the United States, whether in the Treasury or not, to or by or for the benefit of any person appointed to or authorized to act in or holding or exercis

Note 2.—This provision (sec. 182) was designed to be general, and applies as well to those vacancies which are supplied by operation of the statuto as to those which are filled by designation of the President. (Op., XIII, 7, Mar. 26, 1862, Hoar.)

Salaries to offi.

See note 1.

89. 1767-1772.

Idem.

ing the duties or functions of any office contrary to sections seventeen hundred and sixty-seven to seventeen hundred Mar.2,1867, s. 9, and seventy, inclusive; nor shall any claim, account, 20, 1875, v: 18, p. voucher, order, certificate, warrant, or other instrument 109. providing for or relating to such payment, receipt, or retention, be presented, passed, allowed, approved, certifiedl, or paid by any officer, or by any person exercising the functions or performing the duties of any office or place of trust under the United States, for or in respect to such office, or the exercising or performing the functions or duties thereof. Every person who violates any of the provisions of this section shall be deemed guilty of a high misdemeanor, and shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both.

That sections seventeen hundred and sixty-seven, seven- March 3, 1887. teen hundred and sixty-eight, seventeen hundred and sixty. 24 Stat. L., 500.

Tenureofotfice, nine, seventeen hundred and seventy, seventeen hundred

repeal of provi. and seventy-one, and seventeen hundred and seventy-two sions relating to.

Repeal of R.S., of the Revised Statutes of the United States are hereby repealed.

SEC. 1773. The President is authorized to make out and Commissions. deliver, after the adjournment of the Senate, commissions for all officers whose appointments have been advised and consented to by the Senate.

SEC. 1774. Whenever the President, without the advice Notification of and consent of the Senate, designates, authorizes, or appointments to

of employs any person to perform the duties of any office, he Treasury.

Idem, 8.8. sball forth with notify the Secretary of the Treasury thereof, and the Secretary of the Treasury shall thereupon communicate such notice to all the proper accounting and disbursing officers of his Department.

SEC. 1775. The Secretary of the Senate shall, at the close Notification of of each session thereof, deliver to the Secretary of the jections, etc., to Treasury, and to each of the Assistant Secretaries of the Socretary of Treasury, and to each of the Auditors, and to each of Idem, š. 7. the Comptrollers in the Treasury, and to the Treasurer, and to the Register of the Treasury, a full and complete list, duly certified, of all the persons who have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nominations havo been made and not confirmed and filled at such session. SEC. 1786. Whenever any person holds office, except as Proceedings

against a member of Congress or of some State legislature, con- illegally holding trary to the provisions of the third section of the four-office.

May 31, 1870, 8. teenth article of amendment of the Constitution, the dis- 14, v. 10,7. 113. trict attorney for the district in which such person holds Seo note 2. office shall proceed against him by writ of quo warranto, returnable to the circuit or district court of the United States in such district, and prosecute the same to the removal of such person from office.

Vote 1.-Sections 1767 to 1772, both inclusive, contained in the Hogg revision, defining the tenure of office, were repealed by act March 3, 1887, above. Note 2.-No person

shall hold any office, civil or military, under the United States, who, having previously taken an oath United States

to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to tho enemies thereof. But Congress may, by a vote of two-thirds of each houso, remove such disability. (Sec. 3, Art. XIV, amendmont to Constitution.)

*

See sece. 1786 as an officer of the and 1787.

*

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