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forty-seven hundred and eighty-eight, and shall receive money commutation as therein provided. [R. S.]
Act of June 17, 1870, ch. 132, 16 Stat. L. 153. This section was amended by the Act of Feb. 27, 1877, ch. 69, 19 Stat. L. 252, by adding after the word rebellion" the words “ or is entitled to the benefits of section forty-seven hundred and eighty-seven as given here.
Sec. 4791. [Transportation for persons to whom artificial limbs are furnished.] The Secretary of War is authorized and directed to furnish to the persons embraced by the provisions of section forty-seven hundred and eighty-seven, transportation to and from their homes and the place where they may be required to go to obtain artificial limbs provided for them under authority of law. The transportation allowed for having artificial limbs fitted shall be furnished by the Quartermaster-General of the Army, the cost of which shall be refunded from the appropriations for invalid pensions. [R. S.]
Act of July 28, 1866, ch. 305, 14 Stat. L. 342. This section was amended by the Act of Feb. 27, 1877, ch. 69, 19 Stat. L. 252, by adding the last sentence, " The transportation allowed for having artificial limbs fitted shall be furnished by the Quartermaster-General of the Army, the cost of which shall be refunded from the appropriations for invalid pensions," as above given.
An act to regulate the issue of artificial limbs to disabled soldiers, seamen
and others. [Act of Aug. 15, 1876, ch. 300, 19 Stat. L. 203.] [Sec. 1.] [Artificial limbs, how furnished or commuted.] That every officer, soldier, seaman and marine, who, in the line of duty, in the military or naval service of the United States, shall have lost a limb, or sustained bodily injuries, depriving him of the use of any of his limbs, shall receive once every five years an artificial limb or appliance, or commutation therefor, as provided and limited by existing laws, under such regulations as the Surgeon-General of the Army may prescribe; and the period of five years shall be held to commence with the filing of the first application after the seventeenth day of June, in the year eighteen hundred and seventy. (19 Stat. L. 203.]
Time changed to every three years by R. S. sec. 4787, as amended. See supra, p. 1116. See, however, R. S. sec. 4789, supra, p. 1117, and note thereunder.
Sec. 2. [Transportation to have limbs fitted.] That necessary transportation to have articial limbs fitted shall be furnished by the QuartermasterGeneral of the Army, the cost of which shall be refunded out of any money appropriated for the purchase of artificial limbs: Provided, That this act shall not be subject to the provisions of an act entitled "An act to increase pensions,” approved June eighteenth, eighteen hundred and seventy-four. [19 Stat. L. 203.]
The Act of June 18, 1874, ch. 299, § 1, 18 Stat. L. 78, provided that no artificial limbs or commutation should be given to persons entitled to pensions under it for loss of limb. It was superseded by Act of Aug. 4, 1886, ch. 899, supra, p. 1080.
By whom appropriation expended.---The pended under the direction of the war appropriation for furnishing artificial department. Appropriation for Artificial limbs and appliances, or commutation Limbs, (1881) 17 Op. Atty.-Gen. 233. therefor, and transportation, should be ex
[Commutation for artificial limbs — no fee to agent.] Artificial limbs : For furnishing artificial limbs and apparatus, or commutation therefor,
and hereafter in case of commutation the money shall be paid directly to the soldier, sailor, or marine, and no fee or compensation shall be allowed or paid to any agent or attorney. (26 Stat. L. 979.]
This is from the Sundry Civil Appropriation Act of March 3, 1891, ch. 542.
Sec. 1177. [Application for truss.] Application for such truss shall be made by the ruptured soldier, to an examining surgeon for pensions, whose duty it shall be to examine the applicant, and when found to have a rupture or hernia, to prepare and forward to the Surgeon-General an application for such truss without charge to the soldier. [R. 8.]
Act of May 28, 1872, ch. 228, 17 Stat. L. 164. This and the following section 1178 extended to petty officers, seamen, and marines of the naval service, by provisions of the Act of March 3, 1879, ch. 173, infra, this page.
Sec. 1178. [Trusses, purchase of.] The Surgeon-General is authorized and directed to purchase the trusses required for such soldiers, at wholesale prices, and the cost of the same shall be paid upon the requisition of the Surgeon-General out of any moneys in the Treasury not otherwise appropriated. [R. S.]
Act of May 28, 1872, ch. 228, 17 Stat. L. 164.
An Act to amend the act entitled "An act to provide for furnishing
trusses to disabled soldiers," approved May twenty-eighth, eighteen hundred and seventy-two.
[Act of March 3, 1879, ch. 173, 20 Stat. L. 353.] [Trusses, to whom furnished.] That section one of the act entitled “An act to provide for furnishing trusses to disabled soldiers," approved May twenty-eighth, eighteen hundred and seventy-two, be, and the same is hereby amended so that said section shall read as follows:
That every soldier of the Union Army, or petty-officer, seaman, or marine in the naval service, who was ruptured while in the line of duty during the late war for the suppression of the rebellion, or who shall be so ruptured thereafter in any war, shall be entitled to receive a single or double truss of such style as may be designated by the Surgeon-General of the United States Army as best suited for such disability; and whenever the said truss or trusses so furnished shall become useless from wear, destruction, or loss, such soldier, petty-officer, seaman, or marine shall be supplied with another truss on making a like application as provided for in section two of the original act of which this is an amendment: Provided, That such application shall not be made more than once in two years and six months; And provided further, That sections two and three of the said act of May
twenty-eighth, eighteen hundred and seventy-two, shall be construed so as to apply to petty-officers, seamen, and marines of the naval service, as well as to soldiers of the Army. (20 Stat. L. 353.]
Section 1 of the Act mentioned in the text was incorporated in the Revised Statutes as section 1176. Sections 2 and 3 were incorporated in the Revised Statutes as sections 1177, 1178. R. S. sec. 1176. This section was as follows:
Sec. 1176. Every soldier of the Union Army who was ruptured while in the line of duty during the war for the suppression of the rebellion, is entitled to receive a single or double truss, of such style as may be designated by the Surgeon-General, as best suited for his disability.” Act of May 28, 1872, ch. 228, 17 Stat. L. 164.
This section was apparently superseded by the provisions of the Act of March 3, 1879, ch. 173, given in the text, amending the Act of May 28, 1872, ch. 228, § 1, incorporated in this section of the Revised Statutes.
Style of truss to be furnished.-“ Con he may furnish different styles in difgress intended to furnish soldiers of the ferent cases; but always the style best Union army who were ruptured while in suited to the circumstances of the case in the line of duty, with the best truss that which it is furnished.” Trusses for Discould be procured, but at the same time abled Soldiers, (1872) 14 Op. Atty.-Gen. it is left discretionary with the surgeon
72. general to adopt one style in all cases, or
[Permanent appropriation for trusses repealed — estimates.] So much of section eleven hundred and seventy-eight of the Revised Statutes of the United States as makes a permanent indefinite appropriation to purchase trusses for soldiers is repealed, to take effect after June thirtieth, nineteen hundred and nine, and estimates of sufficient sums for the purchase of such trusses shall be submitted to Congress for the fiscal year nineteen hundred and ten, and annually thereafter, in the regular Book of Estimates. (35 Stat. L. 367.]
This is from the Sundry Civil Appropriation Act of May 27, 1908, ch. 200.
PEONAGE ABOLITION ACT
See PENAL LAWS
PERFORMANCE OF ENGAGEMENTS BETWEEN THE UNITED STATES AND INDIANS
R. S. 5396. Form of Indictment for Perjury, 1121.
Ry one in Naval Service making Claim against United States, see ARTI
CLES FOR THE GOVERNMENT OF THE NAVY. By one in Military Service making Claim against United States, see ARTI
, CLES OF WAR. By Census Employee, see CENSUS. By one applying to sue as Poor Person, see COSTS. Relating to Duties, see CUSTOMS DUTIES. By Consul in Verifying Accounts, see DIPLOMATIC AND CONSULAR
OFFICERS. By one making Deposition before Consular Officer, see DIPLOMATIC
AND CONSULAR OFFICERS. Extradition for Perjury, see EXTRADITION. Before Immigration Officer, see IMMIGRATION. By Internal Revenue Officer, see INTERNAL REVENUE. By Witnesses in Proceedings before Interstate Commerce Commission, see
INTERSTATE COMMERCE. In Proceedings relating to Public Lands, see ALASKA; MINERAL
LANDS, MINES AND MINING; PUBLIC LANDS; TIMBER
LANDS AND FOREST RESERVES. Definition and Punishment, see PENAL LAWS. In Naturalization Proceedings, see PENAL LAWS. By Claimants in Pension Cases, see PENSIONS. By Surety to Bond of Bidder for Contract for Carrying Mail, see POSTAL
SERVICE Copies in Returns Office as Evidence against Officer, see PUBLIC CON
Sec. 5396. [Form of indictment for perjury.) In every presentment or indictment prosecuted against any person for perjury, it shall be sufficient to set forth the substance of the offense charged upon the defendant, and by what court, and before whom the oath was taken, averring such court or person to have competent authority to administer the same, together with the proper averment to falsify the matter wherein the perjury is assigned, without setting forth the bill, answer, information, indictment, declaration,
or any part of any record or proceeding, either in law or equity, or any affdavit, deposition, or certificate, other than as hereinbefore stated, and without setting forth the commission or authority of the court or person before whom the perjury was committed. [R. S.]
Act of April 30, 1790, ch. 9, 1 Stat. L. 116.
Sections 5392, 5393, 5396, and 5397, relating to perjury, were a part of chapter 4, “ Crimes Against Justice," of title 30, “ Crimes," of the Revised Statutes. Of these sections 5392 and 5393, relating to perjury and subornation of perjury, were incorporated in the Penal Laws of 1909 as sections 125 and 126, and repealed by section 341 thereof. See PENAL LAWS. R. S. secs. 5396 and 5397 have not been repealed and are here given.
Source of statute.—The requirement tion, charging the defendant with perjury that it shall be sufficient in an indict in falsely swearing that material changes ment for perjury to set forth the substance were made in a certain document before of the offense, was the same as the pro he signed it, was insufficient, where it did vision of the Act of 23 Geo. II., ch. 11. not show the substance at least of the The substance of the charge is intended in change which it was charged that he tesopposition to its details. Markham .. tified was made. Hogue i. U. S., (C. C. U. S., (1895) 160 U. S. 319, 16 S. ('t. 288, A. 5th Cir. 1910) 184 Fed. 245, 106 40 U. S. (L. ed.) 441; U. S. 1'. Cuddy, C. C. A. 387. (S. D. Cal. 1889) 39 Fed. 696; U. S. l. Naming the offense. It is sufficient to Walsh, (C. C. Mass. 1884) 22 Fed. 644. allege such acts as constitute perjury See Bucklin v. U. S., (1895) 159 U. S. without concluding by charging, in terms, 682, 16 S. Ct. 182, 40 U. S. (L. ed.) that the defendant committed perjury. U. 305.
S. r. Wood, (C. C. R. I. 1891) 44 Fed. 753. Effect of R. S. sec. 1025.-- R. S. sec. See also U. S. v. Lehman, (E. D. Mo. 1025 (title CRIMINAL LAW, vol. 2, p. 681), 1889) 39 Fed. 768, that if the indictment providing that no indictment shall be also alleges the commission of the crime deemed insufficient by reason of any de of perjury it will be treated as surplusage. fect or imperfection in matter of form That defendant was sworn.- It must only, is not to be interpreted as dispens be stated in apt words that the defending with the requirement in this section ant was sworn. It is not sufficient that it that an indictment must set forth the so appears by inference or argument, so substance of the offense charged. Mark that an allegation that he did “ depose ham v. U. S., (1995) 160 L. S. 319, 16 S. and swear
is not sufficient to show that Ct, 288, 40 U. S. (L. ed.) 441.
the oath was duly administered. U. S. r. Requisites in general. — Since, as be McConaughty, (Ď. C. Ore. 1887) 33 Fed. fore, the enactment of R. S. sec. 1025 168; V. S. v. Hearing, (C. C. Ore. 1886) (title CRIMINAL LAW, vol. 2, p. 681), 26 Fed. 744. providing that no indictment shall be Scienter --The indictment should state held insufficient for defects in matter of that the defendant knew that he swore form only, and this section, relating to falsely. U. S. 7. Babcock, (1846) 4 Mcindictments for perjury, every indictment Lean 113, 24 Fed. Cas. No. 14,488. for perjury in a federal court must con An allegation that the defendant swore tain allegations showing (a) judicial pro to matter that he knew to be false covers ceedings or course of justice; (b) that the element of the offense that he swore the defendant was sworn to give evi to matter that he did not believe to be dence therein; (c) the testimony given by true. V. S. r. Cuddy, (S. D. Cal. 1889) him; (d) its falsity; and (e) its mate 39 Fed. 696. riality to the issue or inquiry. Hogue v. “Wilfully.”—The indictment must alU. S., (C. C. A. 5th Cir. 1910) 184 Fed. lege that the false oath was wilfully” 245, 106 C. C. A. 387.
taken; to allege that it was corruptly Setting forth substance of offense.-An taken is not following the language of indictment that does not set forth the R. S. sec. 5392 (incorporated in Penal substance of the offense will not author Laws, sec. 125, and repealed by section 341 ize judgment upon a verdict of guilty. thereof; see PENAL LAWS). U. S. o. Markham 1. U. S., (1895) 160 U. S. 319, Edwards, (S. D. Ala. 1890) 43 Fed. 67. 16 S. Ct. 288, 40 U. S. (L. ed.) 441. See also U. S. r. Lake, (E. D. Ark. 1904)
In describing the proceeding in which 129 Fed. 499; People t'. Turner, (1898) the false oathi is alleged to have been 122 Cal. 679, 55 Pac. 685. taken, it is not enough to allege that the The indictment is sufficient if only the persons named are charged with an of word “ wilfully " be used, and the word fense against the law, but the particular “knowingly be omitted, as it conforms charge should be stated. U. S. 1. Wilcox, to the language of R. S. sec. 5392 (incor. (1859) 4 Blatchf. 391, 28 Fed. Cas. No. porated in Penal Laws, sec. 125, and re16,692. An indictment under this ser pealed by sec. 341 thereof; see PENAL