Page images
PDF
EPUB

COURTS-Continued.

Judgment, payment of, where prohibited by Congress.

Where Congress prohibits the payment of a judgment, such pro-
hibition operates to restrain the accounting officers from
paying such judgment, notwithstanding any legal rights that
may have become vested in the judgment creditor. 374.

Juror, fees of, where twice impaneled on same day.

Although a person is twice impaneled as a juror on the same day,
he is only entitled to one per diem for his services on said
day. 335.

Jury commissioner in District of Columbia, compensation of. See Coм-
PENSATION, additional.

Pay, officer of the Army, upon conviction by civil courts. See ARMY,
pay, officer.

Removal from office of Territorial supreme court judge. See OFFICERS,

OFFICE.

Subpoena, service of, outside district where issued. See MARSHAL, sub-
pœna.

Witness fees in extradition proceedings. See WITNESSES, witness.

CUSTOMS SERVICE.

Appropriation for electric light plant in new custom-house at Baltimore,
Md. See APPROPRIATIONS, electric.

Boat, liability for loss of borrowed. See PROPERTY, PRIVATE, boat.

DAMAGES.

Boat, liability for loss of borrowed. See PROPERTY, PRIVATE, boat.
Compensation, additional, to contractor where work is destroyed prior to
its completion. See CONTRACTS, compensation.

Delay in completing contract. See CONTRACTS, damages and deduction.
Evidence, oral, to contract provision in contract for liquidated damages.
See CONTRACTS, evidence.

Fire, by, to lands leased as military camp. See CONTRACTS, damages.
Limitation of, by terms of contract. See CONTRACTS, damages.
Liquidated, for delay in completing contract. See CONTRACTS, damages.
Negligence of employees, liability of United States for.

The United States is not liable for the negligence of its officers and
employees. 767.

Penalty. See CONTRACTS, damages.

Petained percentage. See CONTRACTS, retained.

Waiver of. See CONTRACTS, damages, liquidated, and time.

Where contract is annulled and relet, and completed at less than original

cost. See CONTRACTS, deduction.

DEPARTMENT OF JUSTICE. See JUSTICE, DEPARTMENT OF.

DEPARTMENTS, EXECUTIVE.

Contracts by Navy Department, for clothing, forage, etc. See NAVY DE-
PARTMENT, contracts.

Discretion of the Secretary. See APPROPRIATIONS, general, and Navy,
actual.

Employment, expert mechanics, where not specifically provided for. See
CENSUS OFFICE, expert.

Leave of absence with half pay, placing on, as punishment for an offense.
See REVENUE-CUTTER SERVICE, leave.

Patented loose leaf ledgers, purchase of. See PUBLIC PRINTING, patented.
Printing for. See PUBLIC PRINTING.

Printing for Marine Corps. See PUBLIC PRINTING, printing.

Telephone service, charges for furnishing. See TELEPHONES, telephone.
"Time books," purchase of, for Government Hospital for the Insane. See
PUBLIC PRINTING, "time."

Withholding payment of compensation of employee indebted to the Govern-
ment. See COMPENSATION, withholding.

DEPARTMENTS, HEADS OF.

Discretion of Secretary. See APPROPRIATIONS, general.

Suspension of employee without pay. See LEAVE OF ABSENCE, suspen-

sion.

DESERTER.

Expense of civilian officer in apprehending. See ARMY, deserter.
DIPLOMATIC AND CONSULAR SERVICE.

Agency, discontinuance of old and establishment of new.
Where a consular agency is discontinued and a new agency estab-
lished in the same district and the former agent appointed to
the new agency, the latter is an appointment to a new office,
and the agent is entitled to only a pro rata of the maximum
of $1,000 for his services at each agency. 647.

Allowance of time for going to and from the United States on leave.
Diplomatic and consular officers are not entitled to the additional

allowance of time provided by section 1742, Revised Statutes,
for diplomatic and consular officers while going to and from
the United States on leave, for more than one trip in the
same year. 123.

Approval of contingent expenses of consulate.

A contingent expense of a consulate can not be allowed by the
accounting officers unless first approved by the Department
of State. 307.

Consul, expenses on dishonored draft of.

Where a consul's draft is dishonored and returned to the drawee,

who never again presents it and it is never paid, the expenses
and interest thereon is personal to the consul, and the United
States is not liable therefor. 307.

DIPLOMATIC AND CONSULAR SERVICE-Continued.
Consul, fees of, for certificates to vessels' manifests.

Fees for certificates to vessels' manifests fall under fee 22 of the
tariff of official fees of October 1, 1897, and must be accounted
for to the United States. 307.

Consul, fees of, earned at consular agencies.

The United States is not liable for consuls' one-half of fees earned
at consular agencies, the matter being between the consul and
the consular agent who collects and reports such fees. 307.
Consul, payment of fees of by foreign-built vessels. See infra, vessels.
Consul, when services of, are not official.

The services of a consul are not official where he acted in a private
fiduciary capacity for himself and other heirs of his deceased
wife, and distributed her estate, which consisted entirely of
money in bank; and where he inadvertantly charged himself
with fees for such services, he is entitled to credit therefor.
307.

Consular agent, fees of.

A consular agent is entitled to retain one-half of the fees collected
at his agency up to the limit of $1,000, or a pro rata thereof,
and must remit the other half, quarterly, to the principal
consular officer of his district, and if at the end of the fiscal
year the retained half exceeds $1,000 he must also remit the
excess; but if the retained half is less than $1,000, he may be
paid, direct from the Treasury, one-half of the compensation
earned by him for services to American vessels and seamen
up to the limit above set out. 647.

Exchange, accounting by consuls for difference in.

Where a consul in India in the collection of consular fees in rupees
demands and is paid them at their mint rate or bullion value,
which is much lower than their commercial or par exchange
value, he must account for the difference, such difference
being an overcollection of fees within the meaning of the law
and consular regulations. 307.

Exchange, rate of, between English and United States money.
Under section 3565, Revised Statutes, and paragraph 585, Consular
Regulations of 1896, United States consuls in all countries are
required to make reductions from English money to United
States money at $4.8665 to the pound sterling.

Exchange value of rupee.

104.

Where a United States consul in India draws a bill of exchange
or draft and is paid therefor in rupees, the value of the rupee
must be computed at its commercial value, or par of exchange,
in English sovereigns or pounds sterling, and not by its mint
rate or bullion value in United States money. 307.

DIPLOMATIC AND CONSULAR SERVICE-Continued.
Fees, consular, for services to American whaling vessels.
American whaling vessels are entitled to the relief given by the
act of June 26, 1884, which provided that no consular fees
should be charged or collected by consular officers for official
services to American vessels and seamen. 152.

Fees, consular officers, for services to American whaling ships.
Under section 12 of the act of June 26, 1884, fees of consular
officers for official services to American whaling vessels are
payable by the Secretary of the Treasury out of the appro-
priation provided for in said act.

Leave of absence. See supra, allowance.

Principal consular officer, compensation of.

152.

The principal consular officer is entitled to retain for his personal
compensation all the fees remitted to him by consular agents
in his district up to the limit of $1,000, without respect to the
incumbency or maximum of the agent, provided the consul
is in office the full year; and if the remittances amount to less
than $1,000, he may be paid, direct from the Treasury, one
half of the compensation earned by agents in his district for
services to American vessels and seamen, up to the limit
above indicated, but he is not entitled to the remaining one
half, although it is not needed to make up the agent's maxi-
mum, and is in fact a surplus or excess. 648.

Rupee, computing value of. See supra, exchange.
Vessels, foreign built, owned by American citizens.
Foreign-built vessels owned by American citizens are not "Amer-
ican vessels," within the meaning of section 1720, Revised
Statutes, unless they come within the provisions of the reg-
istry laws, and therefore they are not entitled to the exemp-
tion from payment of consular fees provided by said section.
380.

DISBURSING OFFICERS.

Acting paymaster. See ARMY, acting.

Advance of funds to civilian employees, Navy Department, to pay traveling
expenses. See TRAVELING EXPENSES, advance.

Advance of funds to disbursing officers.

An advance of funds to a disbursing officer should be made by
requisition direct from the Treasury, rather than by transfer
from another officer. 431.

Advance of funds to postmasters to pay salaries. See POST-OFFICE
DEPARTMENT, advance.

Advance of funds to sick seamen to pay traveling expenses. See PUBLIC
HEALTH AND MARINE-HOSPITAL SERVICE, advance.

DISBURSING OFFICERS-Continued.

Compensation, payment of, on next to last day of month when last day
falls on Sunday or a holiday. See REVENUE-CUTTER SERVICE, com-
pensation.

Fraudulent enlistments. See NAVY, fraudulent.

Orders by employees for payment of salaries to third persons. See As-
SIGNMENT, salary.

Postmaster, liability of, for sums paid unnecessary clerks. See POST-
OFFICE DEPARTMENT, postmaster.

Salary, computing annual, for fractional part of month. See ARMY, pay,
and COMPENSATION, annual.

Special. See ARMY, acting.

Withholding payment of compensation of employee indebted to Govern-
ment. See COMPENSATION, withholding.

DISCHARGE. See ARMY, MARINE CORPS, and NAVY.

DISTRICT ATTORNEYS.

Compensation, additional, for services as special assistant attorney.
Where an assistant United States attorney is employed by the
Attorney-General as a special assistant attorney to perform
outside of his district special services not connected with his
regular duties at an agreed additional compensation, pay-
ment to him of such additional compensation is authorized.
279.

Compensation, assistant district attorney, for services outside his district.
The appropriation for "pay of special assistant attorneys" is ex-
clusively applicable to the compensating of assistant United
States attorneys employed by the Attorney-General as special
assistant attorneys to perform special services outside of their
districts. 279.

Resignation, time of taking effect of.

A district attorney in Alaska, who was appointed under an act of
Congress which provided that he should hold his office for
four years, and until his successor was appointed and quali-
fied, will continue to hold said office until the actual appoint-
ment and qualification of his successor, notwithstanding his
resignation had been accepted to take effect at a prior date.
202.

DISTRICT OF COLUMBIA.

Cab hire, reimbursement of employee for.

An employee of the Department of Commerce and Labor may be
reimbursed for cab hire paid by him in the District of Colum-
bia where the primary object of the expenditure was the car-
riage of property, and the transportation of the employee was
merely an incident thereto. 657.

28007 Vol. 11-05-54

« PreviousContinue »