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aid or comfort to said rebellion, but was throughout that war loyal to the Government of the United States, and the fact of such loyalty shall be a jurisdictional fact; and unless the said court shall, on a preliminary inquiry, find that the person who furnished such supplies or stores, or from whom the same were taken as aforesaid, was loyal to the Government of the United States throughout said war, the court shall not have jurisdiction of such cause, and the same shall, without further proceedings, be dismissed.

for the United

SEC. 5. That the Attorney-General, or his assistants, Defense, etc., under his direction, shall appear for the defense and pro- States. tection of the interests of the United States in all cases which may be transmitted to the Court of Claims under this act, with the same power to interpose counter-claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is now required to defend the United States in said court.

SEC. 6. That in the trial of such cases no person shall be excluded as a witness because he or she is a party to or interested in the same.

Parties in interest may testify.

of reports.

Mar. 3, 1883,

SEC. 7. That reports of the Court of Claims to Con- Continuation gress under this act, if not finally acted upon during the session at which they are reported, shall be continued from chap. 116, session to session and from Congress to Congress until the same shall be finally acted upon.

Sec.

CONTINGENT FUNDS.

192 and 1779. Expenditure for newspapers, periodicals, etc.

193. Annual report of expenditure. 430. Estimates for contingent expenses. 1780. Failure to make report. 3676. How controlled, etc.

Sec.

3682. Restrictions on contingent appro-
priations.

3683. Purchases from contingent fund
restricted.

Statement to be made to Congress.
Not to be used to pay salaries.

Title 4.

Expenditure

for newspapers. Aug. 26, 1842, s.

SEC. 192. The amount expended in any one year for newspapers, for any Department, except the Department of State, including all the Bureaus and offices connected therewith, shall not exceed one hundred dollars. And all newspapers 16, v. 5, p. 526. purchased with the public money for the use of either of the Departments must be preserved as files for such Department.

SEC. 1779. No executive officer, other than the heads of Departments, shall apply more than thirty dollars, annually, out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office.

Title 19.

Expenditure

for newspapers. Mar. 3, 1839, s.

3,

v. 5, p. 349.

of contingent

Aug. 26, 1842,

See June 20,

SEC. 193. The head of each Department shall make an Annual report annual report to Congress, giving a detailed statement of of expenditure the manner in which the contingent fund for his Depart- funds. ment, and for the Bureaus and offices therein, has been s. 20, v. 5, p. 527. expended, giving the names of every person to whom any 1874. portion thereof has been paid; and if for anything furnished, the quantity and price; and if for any service rendered, the nature of such service, and the time employed, and the particular occasion or cause, in brief, that rendered such service necessary; and the amount of all former appropria

tions in each case on hand, either in the Treasury or in the hands of any disbursing officer or agent. And he shall require of the disbursing officers, acting under his direction and authority, the return of precise and analytical statements and receipts for all the moneys which may have been from time to time during the next preceding year expended by them, and shall communicate the results of such returns and the sums total, annually, to Congress. SEC. 430. All estimates for * * contingent expenses Estimates for of the Department, and of the several Bureaus, shall be furnished to the Secretary of the Navy by the chiefs of the respective Bureaus.

Title 10.

expenses.
July 5, 1862, s.
5, v. 12, p. 511.

See sec. 3666, Appropriations. Failure to make returns or reports.

42, v. 14, p. 188.

SEC. 1780. Every officer who neglects or refuses to make any return or report which he is required to make at stated July 18, 1866, s. times by any act of Congress or regulation of the Department of the Treasury, other than his accounts, within the time prescribed by such act or regulation, shall be fined not more than one thousand dollars and not less than one hundred.

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Title 41. SEC. 3676. All appropriations for *** contingent Appropriations expenses for the Navy Department shall be under the concontrolled by Sec- trol and expended by the direction of the Secretary of the retary: each bu be kept Navy, and the appropriation for each Bureau shall be kept July 5, 1862, s. Separate in the Treasury.

reau

separate.

5, v. 12, p. 511.

contingent, etc.,

Restrictions on SEC. 3682. No moneys appropriated for contingent, inciappropriations. dental, or miscellaneous purposes shall be expended or paid July 12, 1870, s. for official or clerical compensation.

3. v. 16, p. 250.

See Aug. 7, 1882.

Purchases from contingent funds

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SEC. 3683. No part of the contingent fund appropriated restricted. to any Department, Bureau, or office, shall be applied to Aug. 26, 1812, 8. the purchase of any articles except such as the head of the Department shall deem necessary and proper to carry on the business of the Department, Bureau, or office, and shall, by written order, direct to be procured."

19, v. 5, p. 527. See note 1.

penditures to be

June 20, 1874. Hereafter a detailed statement of the expenditure for Statement of ex- the preceding fiscal year of all sums appropriated for conreported at begin. tingent expenses in any Department or Bureau of the ning of session. Government, shall be presented to Congress at the beginAppropriation acts, v. 18, p. 355; ning of each regular session.

v. 19, p. 156-306; June 20, 1874, v.

18, p. 85, and subsequent acts.

See note 2.

Aug. 7, 1882.

And no civil officer, clerk, draughtsman, copyist, mesContingent fund senger, assistant messenger, mechanic, watchman, laborer, not to be used to or other employé shall hereafter be employed at the seat of government in any executive department or subordinate

pay clerks, etc.

Note 1.-The naval appropriation act of August 5, 1882, forbids paying from the contingent fund of the Navy for personal services in the Navy Department or any of its subordinate bureaus or offices in the District of Columbia.

Note 2.-The Secretary of the Navy can draw on the contingent fund for purposes of a contingent character-that is, such as might or might not happen, and which Congress could not easily foresee, and therefore could not provide for definitely. (Op., I, 302, Wirt.)

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The words "contingent expenses, as used in the appropriation acts, mean such incidental, casual expenses as are necessary, or at least appropriate and convenient, in order to the performance of the duties required by law of the Department or the office for which the appropriation is made. (Op., XVI, 412, Devens, Dec. 19, 1879.)

bureau or office thereof, or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation, and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services.

Sec.

*

DEBTS DUE BY OR TO THE UNITED STATES.

3466. Priority established.

3467. Liability of executors.

3468. Priority of sureties. 3469. Compromises.

Sec.

3470. Purchase on execution.

Act Mar. 3, 1875. Deduction of debts due
from judgments.

Priority estab

Mar. 3, 1797, 8.

v. 1, p. 676.

SEC. 3466. Whenever any person indebted to the United Title 36. States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is lished. insufficient to pay all the debts due from the deceased, the 5, v. L p. 515; debts due to the United States shall be first satisfied; and Mar. 2, 1799, 8. 65, the priority hereby established shall extend as well to cases which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed.

SEC. 3467. Every executor, administrator, or assignee, or other person, who pays any debt due by the person or estate from whom or for which he acts, before he satisfies and pays the debts due to the United States from such person or estate, shall become answerable in his own person and estate for the debts so due to the United States, or for so much thereof as may remain due and unpaid.

SEC. 3468. Whenever the principal in any bond given to the United States is insolvent, or whenever, such principal being deceased, his estate and effects which come to the hands of his executor, administrator, or assignee, are insufficient for the payment of his debts, and, in either of such cases, any surety on the bond, or the executor, administrator, or assignee of such surety pays to the United States the money due upon such bond, such surety, his executor, administrator, or assignee, shall have the like priority for the recovery and receipt of the moneys out of the estate and effects of such insolvent or deceased principal as is secured to the United States; and may bring and maintain a suit upon the bond, in law or equity, in his own name, for the recovery of all moneys paid thereon.

Liability of ex

ecutors, etc.
Mar. 2, 1799, s.

65, v. 1, p. 676.

Priority of

sureties.

Tid."

SEC. 3469. Upon a report by a district attorney, or any Compromise. special attorney or agent having charge of any claim in favor of the United States, showing in detail the condition

of such claim, and the terms upon which the same may be

compromised, and recommending that it be compromised., XIII, 480; upon the terms so offered, and upon the recommendation Mar. 3, 1863, s. of the Solicitor of the Treasury, the Secretary of the Treasury is authorized to compromise such claim accord

10, v. 12, p. 740.

Purchase on execution.

May 26, 1824, 8. 2, v. 4, p. 51.

Mar. 3, 1875.

ingly. But the provisions of this section shall not apply to any claim arising under the postal laws.

SEC. 3470. At every sale, on execution, at the suit of the United States, of lands or tenements of a debtor, the United States may, by such agent as the Solicitor of the Treasury shall appoint, become the purchaser thereof; but in no case shall the agent bid in behalf of the United States a greater amount than that of the judgment for which such estate may be exposed to sale, and the costs. Whenever such purchase is made, the marshal of the district in which the sale is held shall make all needful conveyances, assignments, or transfers to the United States. That when any final judgment recovered against the Amount of debt United States or other claim duly allowed by legal authordue U. S to be ity, shall be presented to the Secretary of the Treasury for retary of Treas. payment, and the plaintiff or claimant therein shall be in paying indebted to the United States in any manner, whether as judgments, etc., of debtor against principal or surety, it shall be the duty of the Secretary to withhold payment of an amount of such judgment or claim equal to the debt thus due to the United States; and if such plaintiff or claimant assents to such set off, and discharges his judgment or an amount thereof equal to said Secretary to debt or claim, the Secretary shall execute a discharge of execute discharge, when. the debt due from the plaintiff to the United States.

withheld by Sec

ury

U.S.

Proceedings when claimant denies debt.

Balance, how paid when claim

S.

But if such plaintiff, or claimant, denies his indebtedness to the United States, or refuses to consent to the set-off, then the Secretary shall withhold payment of such further amount of such judgment, or claim, as in his opinion will be sufficient to cover all legal charges and costs in prosecuting the debt of the United States to final judgment.

And if such debt is not already in suit, it shall be the duty of the Secretary to cause legal proceedings to be immediately commenced to enforce the same, and to cause the same to be prosecuted to final judgment with all reasonable dispatch.

And if in such action judgment shall be rendered against ant obtains judg. the United States, or the amount recovered for debt and ment against U. Costs shall be less than the amount so withheld as before Mar. 3, 1875, v. provided, the balance shall then be paid over to such plaintiff by such Secretary with six per cent. interest thereon for the time it has been withheld from the plaintiff.

18. p. 481.

See note 1.

Note 1.-Security for a debt is not payment. The Fourth Auditor is not author. ized to consider security offered for a debt due the United States, however ampie it may be, a payment of a debt. (Op., I, p. 593, Wirt, Jan. 24, 1823.)

Sec.

DISBURSING OFFICERS AND AGENTS.

285. Disbursements by order of commanding officer.

957. Suits against delinquents. 1389. Paymasters not to loan.

1550. Disbursing agents on foreign sta tions.

1563. Advances on distant stations. 1766. Officers in arrears.

1788. Disbursing officers forbidden to
trade in public funds or property.

3614. Bonds of special agents.
3620. Duty of disbursing officers.
3621. Penalty for failure to deposit when
required.

3622. Accounts, when to be rendered.
3623. Distinct accounts required.

3624. Suits to recover moneys from of ficers.

3639. Duties of custodian of public money. 3648. Advances prohibited.

Sec.

5481. Officers guilty of extortion.
5483. Requiring receipts for larger sums
than paid.

5488. Unlawfully depositing, loaning,
etc., public moneys.

5490. Custodian of public money failing to
safely keep without loaning, etc.
5491. Failure of officers to render ac-
counts, etc.

5492. Failure to deposit as required.
5493. Provisions of the five preceding
sections, how applied.

5494. Record evidence of embezzlement.
5495. Prima-facie evidence.
5496. Evidence of conversion.

5497. Unlawfully receiving, etc., to be
embezzlement.

Act Feb. 3, 1879.-Embezzlement by in-
ternal revenue officers, etc., pen-
alty.

commanding offi

Mar. 3, 1849, res. 2, v. 9, p. 419.

SEC. 285. Every disbursement of public moneys, or dis- Title 7, chap. 4. posal of public stores, made by a disbursing officer pursuant Disbursements, to an order of any commanding officer of the Navy, shall etc.. by order of be allowed by the proper accounting officers of the Treasury, cer of Navy. in the settlement of the accounts of the officer, upon satisfactory evidence of the making of such order, and of the payment of money or disposal of stores in conformity with it; and the commanding officer by whose order such dis-. bursement or disposal was made, shall be held accountable for the same.

judgment at re

Mar. 3, 1797, s.

See sec. 3624.

SEC. 957. When suit is brought by the United States Title 13,chap.18. against any revenue officer or other person accountable for Delinquents for public money, who neglects or refuses to pay into the Treas- public money; ury the sum or balance reported to be due to the United far term, unStates, upon the adjustment of his account it shall be the less, etc. duty of the court to grant judgment at the return term, 3, v. 1. p. 514. upon motion, unless the defendant, in open court, (the United States attorney being present,) makes and subscribes an oath that he is equitably entitled to credits which had been, previous to the commencement of the suit, submitted to the accounting officers of the Treasury, and rejected; specifying in the affidavit each particular claim so rejected, and that he cannot then safely come to trial. If the court, when such oath is made, subscribed, and filed, is thereupon satisfied, a continuance until the next succeeding term may be granted. Such continuance may also be granted when the suit is brought upon a bond or other sealed instrument, and the defendant pleads non est factum, or makes a motion to the court, verifying such plea or motion by his oath, and the court thereupon requires the production of the original bond, contract, or other paper certified in the affidavit. And no continuance shall be granted except as herein provided.

SEC. 1389. It shall not be lawful for any paymaster, Title 15, chap. 1 passed assistant paymaster, or assistant paymaster, to Loans to officers advance or loan, under any pretense whatever, to any officer by paymasters. in the naval service, any sum of money, public or private, 6. or any credit, or any article or commodity whatever.

Aug. 26, 1842, s.

v. 5, p. 536;

June 22, 1860, s. 3, v. 12, p. 83.

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