COMPENSATION-Continued.
Annual, computing, for fractional part of month—Continued.
A railway mail clerk of class 1, at $800 per annum, who was trans-
ferred to class 2 at $900 on the last day of a 31-day month is
entitled to pay for said month at the rate of $800 per annum
for thirty days and $900 per annum for one day, provided no
other person held the $900 position for the first thirty days
of said month. 303.
Where an acting railway postal clerk qualifies and enters upon
duty on July 27, and serves until September 24 of the same
year, he is entitled to pay for five days in July, provided the
salary of the position was paid to no other person for the full
first twenty-six days of said month, and to the full monthly
salary for August, and to one-thirtieth of the monthly salary-
for each day he serves in September. 83.
Where an acting railway mail clerk qualified and entered upon
duty on July 15, and served up to and including August 1, he
is entitled to pay for seventeen days in July, provided the
salary of said position was paid no other person for the full
first fourteen days of said month, and for the first day of
August he is entitled to one-thirtieth of the monthly salary;
but if his predecessor has been paid fourteen-thirtieths of the
July salary he is only entitled for his seventeen days' services
in July to the remaining sixteen-thirtieths of that month's
salary. 83.
Where an acting clerk, who was appointed to take the place of a
railway mail clerk who had been injured in an accident,
entered upon duty on the 15th day of a thirty-one day month
and served during the remainder of the month, he is entitled
to one-thirtieth of the monthly salary for each day's service,
provided there was sufficient of the monthly salary to make
such payments that was not paid to the regular clerk. 96.
The provision in section 4 of the act of April 28, 1904, for comput-
ing payments of annual or monthly compensation is applicable
to the compensation of employees in the mail-equipment
shops of the Post-Office Department who are employed at a
specified annual or monthly compensation. 1.
Assignment of, by employees. See ASSIGNMENT, salary.
Assistant district attorney, for services as "special assistant attorney."
See DISTRICT ATTORNEYS, compensation.
Bailiffs and court criers. See MARSHAL, bailiffs.
Computing, of teachers. See DISTRICT OF COLUMBIA, teacher.
Employee, of, where appointment is made to take effect at prior date. See
APPOINTMENT, to.
Extra services. See supra, additional, and OFFICERS, employment.
Monthly, payment of, on next to last day of month when last day falls on
Sunday. See REVENUE-CUTTER SERVICE, compensation.
Paid employee of a State. See AGRICULTURE, DEPARTMENT OF, compen-
Pay, additional, per diem employees, Philadelphia mint.
Per diem employees of the Philadelphia mint who have been
granted leave of absence with pay on July 4, Labor Day,
Thanksgiving Day, and Election Day, may be employed as
watchmen at the mint on such days and receive compensa-
tion therefor in addition to their regular per diem compensa-
tion, since the two employments are distinct and compatible,
and the long-continued, certain, and uniform practice of the
mint officials relative thereto amounts to and has the effect
of a regulation fixing the compensation to be paid for such
services.
Per diem employees, Philadelphia mint, for Sundays and holidays. See
HOLIDAYS, pay.
Per diem employees, Washington Barracks, for Saturday half holidays.
See HOLIDAYS, pay.
Postmaster, of, where based on abnormal increase in gross receipts. See
POST-OFFICE DEPARTMENT, postmaster.
Special agent, General Land Office, while suspended. See OFFICERS,
suspension.
Withholding, where employee is indebted to the Government.
The provision in section 1766, Revised Statutes, that no money
shall be paid to any person for his compensation who is in
arrears to the United States until he has accounted for and
paid into the Treasury all sums for which he may be liable,
applies only to a principal who is in arrears and not to his
surety. 780.
It is the duty of a disbursing officer to withhold payment of the
compensation of an employee who is indebted to the Govern-
ment upon a judgment rendered against him as surety until
such judgment has been satisfied. 780.
An employee against whom the United States has recovered judg-
ment as surety on the bond of a defaulting postmaster is
indebted to the United States within the meaning of the act
of March 3, 1875, which provides that when any claim shall
be presented to the Secretary of the Treasury for payment,
and the claimant shall be indebted to the United States in
any manner, whether as principal or surety, it shall be the
duty of the Secretary to withhold payment of an amount of
such claim equal to the debt due from claimant to the United
States. 780.
COMPTROLLER OF THE TREASURY.
Accounts, reopening, to correct error of law or fact. See ACCOUNTING
OFFICERS, accounts.
Accounts, revision of, after acceptance of payment.
CONSUL. See DIPLOMATIC AND CONSULAR SERVICE.
Advertising for supplies. See ISTHMIAN CANAL COMMISSION, advertising.
Annulment of, and reletting to another contractor. See infra, deduction.
Bids, approximate. See infra, quantity.
Compensation, additional, where work is destroyed prior to completion.
Where a contractor agreed to construct a wharf and boathouse for
a specified sum, he is not entitled to additional compensation
for loss occasioned by the destruction of the work prior to its
completion through the sliding into deeper water of the ledge
upon which the building was being constructed. 93.
Damages, liquidated, for delay in completing work.
Where a contract contained a provision for the payment of liqui-
dated damages for delay in completing the work, the Secre-
tary of War is not authorized to waive said provision after the
delay has occurred and the United States has acquired a vested
right to the damages specified in the contract.
Damages to land leased for military purposes.
A contract for the use of certain lands for a military maneuver
camp which provided that "in the event of destruction by
fire, due to any fault of the party of the first part (United
States), there shall be paid to said J. H. Henry by the said
party of the first part, for damages to the grazing land, at the
rate of not to exceed 50 cents per acre, and 25 cents per acre
for grain stubble," will be held to have defined and limited
the damages for which the United States would be liable;
and under such a contract the United States would not be
liable for hay burned in the shock on said lands. 293.
Damages, when provision for, will be construed as a penalty.
Under a contract for the construction of two buildings, to be com-
pleted at the same time, but at a different price for each,
where neither of said buildings was completed by the time
specified, but were completed at different times thereafter, a
provision in the contract for the payment of a fixed sum for
each day's delay in the completion thereof will be construed
as providing for a penalty, and enforced only to the extent
of the actual damage to the United States by reason of the
delay in completing the work. 513.
Damages, waiver of. See infra, time.
Deduction for cost of superintendence and inspection caused by delay.
Where a contract provided that if the contractor failed to com-
plete the work within the time therein specified the United
States should have the right to annul the contract and com-
plete the work and recover from the contractor whatever
sums it should expend in excess of the contract price for com-
pleting the work, and also the additional cost of inspection
and superintendence occasioned by default of the contractor,
Deduction for cost of superintendence and inspection caused by delay-
Continued.
the contractor will not be liable, upon the annulment of his
contract and reletting of the work to another party, for the
cost of inspection and superintendence under the second con-
tract, where it is shown that the total cost to the Government
of work done by the original contractor and under the second
contract, including the cost of inspection and superintendence
under the second contract, aggregate a less sum than the
United States had agreed to pay the original contractor for
the work. 266.
Delay in completion of. See supra, damages and deduction.
Evidence by officers of the Government against its own interests.
Sections 3744, 3745, and 3746, Revised Statutes, are in the nature
of a statute of frauds, and are designed to protect the Gov-
ernment from the fraudulent or negligent acts of its officers,
as well as of contractors, and therefore evidence by officers of
the Government against its own interest, and inconsistent
with the terms of written contracts made by them, will not be
admissible for the purpose of showing that a different contract
was made. 114.
Evidence, oral, to contradict written contract.
Where a written contract was signed by the parties, knowing that
it contained a provision for the payment of liquidated dam-
ages, a Government officer will not be permitted to show by
oral evidence that it was not intended by the Government to
require the provision to be inserted in the contract.
Fraudulent enlistments. See NAVY, fraudulent.
Gloves, purchase of, for District of Columbia government. See infra,
quantity.
"Month," meaning of, where used in contracts.
The word "month," when used in a contract, in the absence of
an expressed intention to the contrary, means a "calendar"
month; and a "calendar month" is a month as expressed in
the calendar regardless of the number of days it may contain.
494.
Navy Department, by, for clothing, fuel, forage, etc. See NAVY DEPART-
MENT, contracts.
Patented improvements. See PATENTS.
Penalty. See supra, damages.
Quantity, supplemental conditions as to.
Where a contract for furnishing 10 pairs of gloves for the District
government of the District of Columbia contained supple-
mental conditions and stipulations indicating that the quan-
tity of gloves the contractor would be required to furnish
would not be limited to the number therein specified, but
Quantity, supplemental conditions as to-Continued.
would be governed by the needs of the District, the contractor
may be required, if the needs of the District government re-
quire it, to furnish 180 pairs of gloves. 585.
Retained percentage, payment of.
Where a contract to do a specified work at two places for a speci-
fied consideration which applied to all the work at both places
provides that 10 per centum of each monthly payment shall
be reserved "until completion of the work under contract,"
payment of the amount thus retained can not be made until
the completion of all the work provided for in the contract.
326.
Royalties. See PATENTS, royalties.
Statute of Frauds, sections 3744, 3745, and 3746, Rev. Stat., are in nature
of. See supra, evidence.
Supplies, purchase of, not in excess of needs of fiscal year. See NAVY
DEPARTMENT, contracts.
Time, retroactive extension of, for completing work.
The Commissioners of the District of Columbia are not authorized
to grant a retroactive extension of the time specified in a con-
tract for the completion of the work so as to remit damages
and penalties which under the original contract have already
accrued to and vested in the District. 394.
Transportation of remains of deceased employees. See ISTHMIAN CANAL
COMMISSION, transportation.
Waiver of provision for payment of liquidated damages. See supra, dam-
ages, liquidated.
Waiver, time limit. See supra, time.
Written contracts, evidence of officers of Government inconsistent with
terms of. See supra, evidence.
Error of calculation in sentence of. See MARINE CORPS, court-martial.
Pay, forfeiture of. See MARINE CORPS, court-martial, and NAVY, pay,
forfeiture.
Bail, admitting Chinese person to, after order for deportation. See CHI-
NESE PERSONS, bail.
Bailiffs and court crier. See MARSHALS, bailiffs.
Clerks of courts. See CLERKS OF COURTS.
Conviction, officer of Army, by. See ARMY, pay, officer.
Judgment, payment of, for extra pay. See ARMY, judgment.
|