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§ 6609. (R. S. § 3618, as amended, Act Feb. 27, 1877, c. 69, § 1.) Proceeds of sales of material.

Cited without definite application, 32 Op. Atty. Gen. 511.

§ 6612b. (Res. June 19, 1922, c. 228.)

Depositaríes of public moneys in foreign countries, the Territories, and the insular pos

sessions of the United States.

The Secretary of the Treasury may designate such depositaries of public moneys in foreign countries and in the Territories and insular possessions of the United States as may be necessary for the transaction of the Government's business, under such terms and conditions as to security and otherwise as he may from time to time prescribe: Provided, That in designating such depositaries American financial institutions shall be given preference wherever, in the judgment of the Secretary of the Treasury, such institution is safe and able to render the service required. (42 Stat. 662.)

This section is a resolution entitled a "Joint resolution authorizing the Secretary of the Treasury to designate depositaries of public moneys in foreign countries and in the Territories and insular possessions of the United States," cited above.

§ 6615. (R. S. § 3621, as amended, Act May 28, 1896, c. 252, § 5.) Moneys to be deposited with public depositary; receipts; postal revenues.

Cited without definite application,

30 Op. Atty. Gen. 553.

§ 6616. (R. S. § 3622, as amended, Act Feb. 27, 1877, c. 69, § 1, and Act July 31, 1894, c. 174, § 12.) Accounts.

The naval appropriation act for the fiscal year 1920, Act July 11, 1919, c. 9, 41 Stat. 153, contains the following provisions, applicable only to the period covered by the World War:

"The accounting officers of the Treasury Department are hereby authorized and directed to allow, in the settlement of the accounts of disbursing officers of the Navy and Marine Corps covering the period of the present emergency, such credits for payments to officers and enlisted men not ordinarily allowable under the statutes, as are certified to them by the Secretary of the Navy as having been incurred under military necessity, or as having been occasioned by accidental circumstances or conditions over which such disbursing officers had no control and for which they were not justly responsible: Provided. That the period of the present emergency as contemplated by this paragraph shall be regarded as beginning on the 6th day of April, 1917, and as terminating six months after the expiration of the quarter in which peace is declared. And that nothing herein shall be construed to include payments under contracts for supplies or services."

§ 6619a. (Act July 11, 1919, c. 9.) Relief of disbursing officers of Navy.

The accounting officers of the Treasury shall relieve any disbursing officer of the Navy charged with responsibility on account of loss or deficiency while in the line of his duty, of Government funds, vouchers, records, or papers, in his charge, where such loss or deficiency occurred without fault or negligence on the part of said officer: Provided, That the Secretary of the Navy shall have determined that the officer was in the line of his duty, and the loss or deficiency occurred without fault or negligence on his part: Provided further, That the determination by the Secretary of the Navy of the aforesaid questions shall be conclusive upon the accounting officers of the Treasury: Provided further, That all cases of relief granted under this authority during any fiscal year shall be reported in detail to the Congress by the Secretary of the Navy. (41 Stat. 132.)

This section is a provision of the naval appropriation act for the fiscal year 1920, cited above.

§ 6619aa. (Act April 21, 1922, c. 135.) Accounts of disbursing officers or agents of War and Navy Departments; losses occurring between April 6, 1917 and Nov. 18, 1921.

That the Comptroller General of the United States be, and he hereby is authorized, through such officer as he may designate, and within two years from the passage of this Act, (a) to relieve disbursing officers or special disbursing agents of the War and Navy Departments from accountability or responsibility for losses, occurring between April 6, 1917, and November 18, 1921, of funds, or of accounts, papers, records, vouchers, or data pertaining to said. funds, for which said officers or agents were accountable or responsible; and (b) to allow credits, in the settlement of accounts of said officers or agents, for payments made in good faith on public account during said period, notwithstanding failure to comply with requirements of existing law or regulations pursuant thereto: Provided, That in cases of losses or payments involving more than $1,000 the Comptroller General shall exercise the authority herein only upon the written recommendation of the Secretary of War or the Secretary of the Navy, which recommendation shall also set forth the facts relative to such loss or payment: Provided further, That the Comptroller General in all cases shall certify that the transactions, expenditures, losses, or payments appear to be free from fraud or collusion. (42 Stat. 497.)

This section is an act entitled "An act authorizing the Comptroller General of the United States to allow credits to and relieve certain disbursing officers of the War and Navy Departments in the settlement of certain accounts," cited above.

§ 6623. (R. S. § 3624.) Suits to recover money from officers, regu

lated.

Liability for interest.-Fees and emoluments, collected by the clerk of a United States District Court required to meet the expenses of his office therefrom and pay over the surplus to the United States, and deposited by him in a bank, are not "public moneys of the United States," so as to entitle the United States to interest paid thereon by the bank as an increment of its ownership. U. S. v. MacMillan, 40 S. Ct. 540, 253 U. S. 195, 64 L. Ed. 857, affirming judgment (C. C. A. Ill.) 251 F. 55.

Rights of claimant of fund sought to be subjected by United States.-Where a fund which the United States sought to charge with a trust in its favor was determined to be primarily security to L. upon a bail bond and judgment was obtained on the bail bond which L.'s estate was compelled to pay, his administrators were not entitled to re

§ 6628. (R. S. § 3629.)

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imbursement from the fund for their expenses in defending against proceedings to compel payment of the judgment, though the United States had impounded the fund, as the obligation to pay the judgment was absolute and not confined to a payment from such fund. Leary v. U. S., 40 S. Ct. 446, 253 U. S. 94, 64 L. Ed. 798, affirming decree (C. C. A. Va.) 257 F. 246.

L. was not entitled to reimbursement from the fund for his expenses in establishing and protecting the trust in his favor, on the theory that the rights of the United States were inferior to his, as this would impose on the owner of the fund charges of a kind that the United States never pays, and charges for protecting the fund not for, but against, the United States. Id.

Cited without definite application, Cohn v. U. S. (C. C. A. N. Y.) 258 F. 355.

Levy to be a lien.

Cited without definite application, 31 Op. Atty. Gen. 605.

§ 6630. (R. S. § 3631.) Conveyance of lands.

SS 6640-6646.

Cited without definite application, 31 Op. Atty. Gen. 605.

Cited without definite application, 30 Op. Atty. Gen. 553.

§ 6647. (R. S. § 3648.) Advances of public moneys prohibited. The State, Justice, and Judiciary appropriation act for the year 1923, Act June 1, 1922, c. 204, title II, 42 Stat. 612, contains the following provision: "For traveling and other miscellaneous and emergency expenses, including advances made by the disbursing clerk, authorized and approved by the Attorney General, to be expended at his discretion, the provisions of section 3648, Revised Statutes, to the contrary notwithstanding. The "First Deficiency Appropriation Act, fiscal year 1922," Act Dec. 15, 1921, c. 1, § 1, 42 Stat. 332, also contains a similar provision.

*

The appropriation in the State, Justice, and Judiciary appropriation act for the year 1923, Act June 1, 1922, c. 204, title II, 42 Stat. 613, for the Department of Justice for the detention and prosecution of crimes, etc., is made available for advances to be made by the disbursing clerk of the Department, when authorized and approved by the Attorney General, notwithstanding the provisions of this section by a provision in said act.

This section is not to apply to subscriptions for foreign and professional newspapers and periodicals to be paid for from the appropriation for contingent expenses of the Military Intelligence Division of the General Staff Corps, or to subscriptions for foreign and professional newspapers and periodicals to be paid for from the appropriation for the Air Service of the Army, or to subscriptions for foreign and professional newspapers and periodicals to be paid for from the appropriation for the Engineer School of the Army, or to subscriptions for foreign and professional newspapers and periodicals to be paid for from the appropriation for the Coast Artillery School at Fort Monroe, Va., by provisions in the War Department appropriation act for the year 1923, Act June 30, 1922, c. 253, title I, 42 Stat. 716.

Cited without definite application, 32 Op. Atty. Gen. 433.

§ 6647a. (Act June 5, 1920, c. 240.)

Advances to disbursing officers and agents of Army under "Army accounts of advances"; amounts; use of.

That the Secretary of War be, and he hereby is, authorized to issue his requisitions for advances to disbursing officers and agents of the Army, under an "Army account of advances," not to exceed the total appropriation for the Army, the amount so advanced to be exclusively used to pay, upon proper vouchers, obligations lawfully payable under the respective appropriations. (41 Stat. 975.)

This section, and the three sections next following, are provisions of the Army appropriation act for the fiscal year 1921, cited above.

§ 6647b. (Act June 5, 1920, c. 240.) Same; charge to proper appropriations.

That the amount so advanced be charged to the proper appropriations and returned to "Army account of advances" by pay and counterwarrant. The said charge, however, to particular appropriations shall be limited to the amount appropriated to each. (41 Stat. 975.)

See note to § 6647a, ante.

§ 6647c. (Act June 5, 1920, c. 240.) Same; adjustment of liabilities with account.

The Auditor for the War Department shall declare the sums due from the several special appropriations upon complete vouchers, as heretofore, according to law; and he shall adjust the said liabilities with the "Army account of advances." (41 Stat. 975.)

See note to § 6647a, ante.

§ 6647d. (Act June 5, 1920, c. 240.) Same; existing balances transferred to account.

Any balances of existing Army appropriations now available for withdrawal from the Treasury, together with any unexpended balances now charged to disbursing officers or agents of the Army which, under existing law, are available for disbursement, shall at such time as may be designated by the Secretary of War, be transferred on the books of the Treasury Department to "Army account

of advances" and shall be disbursed and accounted for as such. (41 Stat. 975.).

See note to § 6647a, ante.

§ 6647e. (Act Feb. 22, 1921, c. 70, § 7.) Fees, fines, etc., payable into Treasury to credit of United States and District of Columbia.

On and after July 1, 1921, all fees, fines, and other miscellaneous items of revenue theretofore required by law to be paid into the Treasury of the United States to the credit of the United States and the District of Columbia in equal parts shall be paid for each fiscal year into the Treasury of the United States to the credit of the United States and the District of Columbia in the same proportions as appropriations for the expenses of the government of the District of Columbia for such fiscal year are paid from the Treasury of the United States and the revenues of the District of Columbia; and all collections on account of special assessments for public improvements for which assessments are levied according to the law shall be paid into the Treasury of the United States to the credit of the United States and the District of Columbia in the same proportions as the appropriations used in paying for such assessment work are charged, respectively, against the revenues of the District of Columbia and the treasury of the United States. (41 Stat. 1144.)

From the District of Columbia appropriation act for the year 1922, cited above.

§ 6648a. (Act Oct. 6, 1917, c. 79, § 5.) Advances of public moneys

to contractors.

§ 6649a.

Cited without definite application, 32 Op. Atty. Gen. 505.

See ante, § 813a.

§ 6653. (R. S. § 3649.) Examination of depositaries. See note to § 6657, post.

§ 6657. (R. S. § 3653.) Expenses of fiscal agents.

The Treasury Department appropriation act for the year 1923, Act Feb. 17, 1922, c. 55, 42 Stat. 371, contains the following provision: "Contingent expenses, public moneys: For contingent expenses under the requirements of section 3653 of the Revised Statutes, for the collection, safe-keeping, transfer, and disbursement of the public money, transportation of notes, bonds, and other securities of the United States, salaries of special agents, actual expenses of examiners detailed to examine the books, accounts, and money on hand at the several depositories, including national banks acting as depositaries under the requirements of section 3649 of the Revised Statutes, also including examinations of cash account at mints and cost of insurance on shipments of money by registered mail when necessary $140,000."

§ 6667. (R. S. § 3659.) Investment of trust funds.

See U. S. v. Omaha Tribe of Indians, 40 S. Ct. 522, 253 U. S. 275, 64 L. Ed. 901.

§ 6668. (Act Feb. 27, 1896, c. 34.) Disposition of trust funds received from foreign governments for citizens of United States. Cited without definite application,

Le Crone v. McAdoo, 40 S. Ct. 510,
253 U. S. 217, 64 L. Ed. 869.

2 SUPP. U.S.COMP. '23-133

(2113)

Sec.

TITLE XLI-APPROPRIATIONS

6684a. Estimates; statements in of

buildings rented in District
of Columbia.

6684b. Same; statements in of Gov-
ernment-owned buildings in
District of Columbia.

6702a. Same: fortifications and other works of defense.

6712. Estimates by Postmaster-General for free delivery service. 6753a. Appropriations for Navy Bureau of Yards and Docks available until expended.

6753b. Restrictions upon use of appropriations for "Increase of Navy" under Bureau of Ord

nance.

6753c. Restrictions upon appropriations for ordnance or ordnance material or material purchased therewith for Navy. 6760a. Naval supply account fund; deficiencies charged to; balances transferred to; charges against.

6760b. Prices of material expended
from naval supply account;
issue of certain material at
reduced prices.

6763. Construction of acts as impliedly
making appropriations.
6764. Application of moneys appropri-
ated.

6767a. Appropriations for horses not
to be expended for attendance
at horse shows or races.
6774. Provisions, etc., for employés of
Coast and Geodetic Survey.

6778. No expenditures beyond appro-
priations; voluntary service;
apportionment.

Sec.

6778aa. Contracts for fuel for public buildings under control of Treasury Department in advance of appropriations. 6778b. Contracts for fuel by Secretary of War without regard to current fiscal year,

6782. Use of public moneys for compensation or expenses of any commission, etc.

6784a. Purchases by department of Commerce.

6787aa. Expenditure from appropriations for private telephone service; when allowed. 6795. Appropriations for public buildings.

6795a. Advances from appropriation "Boundary Line, Alaska and Canada, and the United States and Canada."

PERMANENT ANNUAL

PRIATIONS

APPRO

6799. Permanent indefinite appropriations.

EXECUTIVE

UNDER THE TREASURY DEPARTMENT (17) [Repealed.]

UNDER THE INTERIOR DEPARTMENT

(42) Five, three, and two per
centum fund to States
(lands).

6799a [Repealed.]
6799aa. Repeal of part of R. S. §
3689; estimate of appropri-

ations to refund illegally as-
sessed or collected revenue
taxes.

6802. [Repealed in part.]

§ 6684a. (Act May 29, 1920, c. 214, § 7.) Estimates; statements in of buildings rented in District of Columbia.

Hereafter the statement of buildings rented within the District of Columbia for the use of the Government, required by the Act of July 16, 1892, shall indicate, in addition to the data required by section 3 of the Act of May 1, 1913, the cost of the care, maintenance, and operation of each building per square foot of floor space of the building or portion of building rented. (41 Stat. 691.)

This section is § 7 of the legislative, executive, and judicial appropriation act for the fiscal year 1921, cited above.

§ 6684b. (Act June 5, 1920, c. 235, § 3.) Same; statements in of Government-owned buildings in District of Columbia. Hereafter it shall be the duty of the head of each department and independent establishment of the Government to submit to Congress annually in the Book of Estimates, a statement giving for each of the Government-owned buildings in the District of Columbia under their respective jurisdiction the following information for the preceding fiscal year: The location and valuation of each building, the purpose or purposes for which used, and the cost of care, main

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