1593. Pay of the Army Fund.-All the money hereinbefore appropriated for pay of the Army and miscellaneous, except the appropriation for mileage to commissioned officers, warrant officers, members of the Officers' Reserve Corps

when ordered to active duty, contract surgeons, expert accountant, Inspector General's Department, Army field clerks, and field clerks of the Quartermaster Corps, when authorized by law, shall be disbursed and accounted for as pay of the Army, and for that purpose shall constitute one fund. Act of June 5, 1920 (41 Stat. 956), making appropriations for the support of the Army. Similar provisions appear in previous appropriation acts for many years. Provisions that no part of the sums appropriated for support of the Regular Army shall be used for the expenses of the organized militia while engaged in joint encampment, etc., of the Regular Army and militia, under sec. 15, act of Jan. 21, 1903 (32 Stat. 777), were added to that section by amendment by sec. 9, act of May 27, 1908 (35 Stat. 402). Said section was omitted as superseded by sec. 94, act of June 3, 1916, 2574, post.

For regulatiens for the method of making payments to enlisted men, see paragraphs 1315-1346, A. R., 1913.

1594. Examination of pay accounts.

Provided, That hereafter

all the accounts of individual paymasters shall be analyzed under the several heads of the appropriation and recorded in detail by the Paymaster-General of the Army before said accounts are forwarded to the Treasury Department for final audit, and the Secretary of War may hereafter authorize the assignment to duty in the office of the Paymaster-General, not to exceed five paymasters' clerks, now authorized by law. Act of Mar. 2, 1905 (33 Stat. 832).

1595. Pay of the Army forwarded by mail or express.* * And provided further, That hereafter the Secretary of War is also authorized to arrange for the payment of the enlisted men serving at posts or places where no paymaster is on duty, by check or by currency, to be sent to them by mail or express, at the expense and risk of the United States. Act of Feb. 27, 1893 (27 Stat. 479).

Notes of Decisions.

Loss of funds.-A paymaster of the Army who alleges that he inclosed certain sums of money in a package transmitted by him to an officer for the payment of

troops, which sums were not found in the package when received, the seals being unbroken, is not entitled to credit therefor. 6 Comp. Dec., 940.

1596. Officers to receive monthly payments.-The sums hereinbefore allowed shall be paid in monthly payments by the paymaster. R. S. 1268.

The reference in this section to " sums hereinbefore allowed" is to the sums allowed as pay of officers in R. S. 1261-1267, post, 1627, 1637, 1638, 1634, 1661, 1667, 1639. Rules for division of time and computation of pay, where compensation is annual or monthly, 949, ante.

Notes of Decisions.

Overpayments.-See (1882) 17 Op. Atty. Gen. 425, 448; (1883) 17 Op. Atty. Gen.

603; (1885) 18 Op. Atty. Gen. 158; (1885) 18 Op. Atty. Gen. 229.

1597. Monthly payment of enlisted men, Signal Corps.-Provided further, That the pay of the enlisted men, including the items of commutation of quarters, and commutation of fuel, shall be paid monthly to each enlisted man entitled thereto by one check upon one properly certified voucher. Act of Aug. 30, 1890 (26 Stat. 400), making appropriations for sundry civil expenses: Signal Service. This was the last of several provisos annexed to appropriations for pay, etc., of officers and enlisted men, "Signal Service." All the provisos preceding this related in terms to the Signal Service or Signal Corps, and this proviso appears not to have been intended to have any different application. The act was passed before the reorganization of the Signal Corps as part of the military establishment by act of Oct. 1, 1890, ante, 658.

1598. Delay in distributing pay.—The Army shall be paid in such manner that the arrears shall at no time exceed two months, unless circumstances shall render further arrears unavoidable. R. S. 1189.

1599. Computation of pay.-Hereafter, where the compensation of any person in the military service of the United States is annual or monthly the following rules for division of time and computation of pay for services rendered are hereby established: Annual compensation shall be divided into twelve equal installments, one of which shall be the pay for each calendar month; and in making payments for a fractional part of a month one-thirtieth of one such installments, or of a monthly compensation, shall be the daily rate of pay. For the purpose of computing such compensation and for computing time for services rendered during a fractional part of a month in connection with annual or monthly compensation, each and every month shall be held to consist of thirty days, without regard to the actual number of days in any calen dar month, thus excluding the thirty-first of any calendar month from the computation and treating February as if it actually had thirty days. Any person entering the service of the United States during a thirty-one day month and serving until the end thereof shall be entitled to pay for that month from the date of entry to the thirtieth day of said month, both days inclusive; and any person entering said service during the month of February and serving until the end thereof shall be entitled to one month's pay, less as many thirtieths thereof as there were days elapsed prior to date of entry: Provided, That for one days's unauthorized absence on the thirty-first day of any calendar month one day's pay shall be forfeited. Act of June 12, 1906 (34 Stat. 248), making appropriations for the support of the Army.

*

1600. Advances of pay to persons at distant stations.— * The President may also direct such advances as he may deem necessary and proper, to persons in the military and naval service employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled can not be regularly effected. R. S. 3648.

1601. Advances of pay to troops embarking for service in the Philippines.

* Provided, That troops about to embark for service in the Philippine Islands may, in the discretion of the Secretary of War, be paid one month's wages in advance prior to embarkation. Act of July 7, 1898 (30 Stat. 721). This was a proviso annexed to the act providing for the payment and maintenance of volunteers during the interval between their enrollment and muster into the United States service (30 Stat. 420).

1602. Loss of service records no cause for withholding pay.- * * * Provided, That the pay due enlisted men of the Army shall not be withheld from them by reason of the fact that their service records or other official papers showing the status of their accounts with respect to pay have been lost or not returned from cverseas and, under such regulations as may be prescribed by the Secretary of War, these men may be paid upon their personal affidavit as to date of last payment and condition of their accounts: Provided further, That payments made in accordance with such regulations (or which have already been made upon the affidavit of the soldier) shall be passed by the accounting officers of the Treasury to the credit of the disbursing officers making them. Act of July 11, 1919 (41 Stat. 110), making appropriations for the support of the Army.

See 1610, post, and notes thereunder.

1603. Pay status of captives taken by, the enemy.-Every non-commissioned officer and private of the Regular Army, and every officer, non-commissioned officer, and private of any militia or volunteer corps in the service of the United States who is captured by the enemy, shall be entitled to receive during his captivity, notwithstanding the expiration of his term of service, the same pay, subsistence, and allowance to which he may be entitled while in the actual service of the United States; but this provision shall not be construed to entitle any prisoner of war of such militia corps to any pay or compensation after the date of his parole, except the traveling expenses allowed by law. R. S. 1288. Decisions,

Notes of

Contributing to capture. This section does not extend to one who was not in the discharge of his duties at the time of his capture, and who contributed to the disaster by culpably residing in a dangerous place, contrary to orders. Phelps v. U. S. (1868), 4 Ct. Cl. 209.

Discharge from service.-The sentence of a court-martial, including a forfeiture of all pay due at the time of trial or to become due thereafter, precludes an officer from a right to receive pay after trial and during his captivity, under this section,

whether the sentence was promulgated be fore or after his capture. Phelps v. U. S. (1868), 4 Ct. Cl. 209. But an officer, who did not violate his duty willfully or intentionally at the time of his capture, and whose conduct then was an indiscretion, and not an offense, and who on his exchange demanded a court of inquiry and was refused, is entitled to his pay and allowances, notwithstanding he was dismissed the service by the War Department during his captivity. Jones v. U. S. (1868), 4 Ct. Cl. 197.

1604. Pay during captivity for nurses, field clerks, and civil employees. That members of the Army Nurse Corps (female) or of the Navy Nurse Corps (female), Army field clerks, field clerks, Quartermaster Corps, and civil employees of the Army, shall be entitled to full pay and allowances during any period of involuntary captivity by the enemy of the United States; and their right to such full pay and allowances shall not be abridged or lost by reason of absence from duty when that absence is caused by involuntary captivity by the enemy of the United States. Any captivity by the enemy shall be construed to be involuntary until the contrary shall be affirmatively established. All rights and privileges hereunder shall be in force from April sixth, nineteen hundred and seventeen, to the end of the existing war. Act of Mar. 3, 1919 (40 Stat. 1321).

1605. Assignment of pay by enlisted men.-No assignment of pay by a noncommissioned officer or private, previous to his discharge, shall be valid. R. S.

1291.

*

*

1606. Assignment of pay by commissioned officers.Provided, That hereafter all commissioned officers of the Army may transfer or assign their pay accounts, when due and payable, under such regulations and restrictions as the Secretary of War may prescribe. Act of Mar. 2, 1907 (34 Stat. 1159), making appropriations for the support of the Army.

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1607. Assignment of pay by contract surgeons and contract dental surgeons.Provided, That hereafter contract surgeons and contract dental surgeons on duty in Alaska, Hawaii, the Philippine Islands, and Porto Rico may transfer or assign their pay accounts, when due and payable, in the methods now provided by regulations for commissioned officers of the Army:

Act of April 23, 1904 (33 Stat. 266), making appropriations for the support of the Army.

1608. Pay checks drawn as indicated by indorsement on pay account.* Provided, That hereafter section thirty-six hundred and twenty,