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carried to surplus fund. Unless a longer time is assigned. 4. Appropriations for one year not to be transferred to another branch of expenditure in a different year, under act of 3 March, 1809. 5. The President may transfer appropriations to certain other expenditure in the war. And navy department. 6. No contracts except under law, or appropriation. Except. 7. No land bought except under law. 8. Secretary of treasury to state appropriations for the year, &c.
That it shall be the duty of the secretary of the treasury to cause to be carried to the account of the surplus fund, any moneys appropriated for the department of war, or of the navy, which may remain unexpended in the treasury, or in the hands of the treasurer, as agent for those departments, whenever he shall be informed, by the secretaries of those departments, that the object for which the appropriation was made has been effected. And it shall be the duty of the secretaries of war and navy departments to cause any balance of moneys drawn out of the treasury, which shall remain unexpended after the object for which the appropriation was made shall be effected, to be repaid to the treasury of the United States; and such moneys, when so repaid, shall be carried to the surplus fund.
Sec. 2. That it shall be the duty of the secretaries of the war and navy departments to lay before Congress, on the first day of February of each year, a statement of the appropriations of the preceding year for their departments respectively, showing the amount appropriated under each specific head of appropriation, the amount expended under each, and the balance remaining unexpended, either in the treasury, or in the treasurer's hands, as agent of the war or navy departments, on the thirty-first December preceding; and it shall be further the duty of the secretaries aforesaid to estimate the probable demands which may remain on each appropriation, and the balance shall be deducted from the estimates of their departments, respectively, for the service of the current year; and accounts shall also be annually rendered, in manner and form as aforesaid, exbibiting the sums expended out of the estimates aforesaid, and the balance, if any, which may remain on hand, together with such information, connected with the same, as shall be deemed proper. And whenever any moneys, appropriated to the departments of war, or of the navy, shall remain unexpended in the hands of the treasurer, as agent of either of those departments, for more than two years after the expiration of the calendar year in which the act of appropriation shall have been passed, or to which it refers, it shall be the duty of the secretary of such department to inform the secretary of the treasury of the fact; and the secretary of the treasury shall thereupon cause such moneys to be carried to the account of the surplus fund: Provided, That when an act making an appropriation shall assign a longer duration for the completion of its object, no transfer of any unexpended balance to the account of the surplus fund shall be made until the expiration of the time fixed in such act.
Sec. 3. [Expenditures for services before 1815.]
Sec. 4. That nothing contained in the act of March third, one thousand eight hundred and nine, entitled “An act further to amend the several acts for the establishment and regulation of the treasury, war, and navy departments,” shall be so construed as to allow any appropriation whatever for the service of one year to be transferred to another branch of expenditure in a different year; nor shall any appropriations be deemed subject to be transferred, under the provisions of the abovementioned act, after they shall have been placed in the hands of the treasurer, as agent of the war or navy departments.
Sec. 5. That the above-mentioned act of the third of March, one thousand eight hundred and nine, shall be, and the same is hereby, so amended, that the President shall be authorized to direct a portion of the moneys appropriated for any one of the following branches of expenditure in the military department, viz. for the subsistence of the army, for forage, for the medical and hospital department, for the quartermaster's department, to be applied to any other of the above-mentioned branches of expenditure in the same department: and that no transfers of appropriation, from or to other branches of expenditure, shall be hereafter made.?
Sec. 6. That no contract shall hereafter be made by the secretary of state, or of the treasury, or of the department of war, or of the navy, except under a law authorizing the same, or under an appropriation adequate to its fulfilment; and excepting, also, contracts for the subsistence and clothing of the army
I Chap. 28, ante ; and see the 3 March, 1817, chap. 96, ante.
or navy, and contracts by the quartermaster's department, which may be made by the secretaries of those departments.
Sec. 7. That no? land shall be purchased on account of the United States, except under a law authorizing such purchase.
SEC. 8. That it shall be the duty of the secretary of the treasury to annex to the annual estimates of the appropriations required for the public service, a statement of the appropriations for the service of the year which may have been made by former acts; and, also, a statement of the sums remaining in the treasury, or in the hands of the treasurer, as agent of the war and navy departments, from the appropriations of former years, estimating the amount of those sums which will not be required to defray expenses incurred in a previous year, and showing the whole amount which will be subject to the disposition of the executive government in the year to which the estimates apply.
[Approved, May 1, 1820.]
CHAPTER 53.-Approved, May 1, 1820.-Vol. 3, p. 569.
An Act in addition to an Act entitled "An Act to provide for certain persons en
gaged in the land and naval service of the United States in the revolutionary war," passed the eighteenth day of March, one thousand eight hundred and eighteen.3 Schedules of their estate and income to be exhibited by pensioners. Under oath. A certified copy of, and opinion of the court, sent to the secretary of war. Unless insane."
Sec. 2. Schedule, &c. to be filed. Swearing falsely.
Sec. 3. The secretary of war may strike from the pension list persons not indigent. Who restored.
By chap. 75, May 8, 1820, vol. 3, p. 570, apothecary and assistant apothecaries-general to give bonds with security, &c.
1 See sec. 3, chap. 205, 23 June, 1860.
? Unless taken by way of security for a debt due to the United States. 12 How. 99-107, Neilson re. Lagow.
And a conveyance of land to trustees to sell and pay off a debt due to the United States by the grantor is not a purchase within the act by the United States. 12 How. 99-106, Neilson vs. Lagow.
3 Chap. 19.
4 The offices of apothecary and assistant apothecary-general are superseded by act of 2 March, 1821.
CHAPTER 97.- Approved, May 12, 1820.— Vol. 3, p. 577.
An Act to establish a uniform mode of discipline and field exercise for the militia
of the United States.
That the system of discipline and field exercise, which is and shall be ordered to be observed by the regular army of the United States, in the different corps of infantry, artillery, and riflemen, shall also be observed by the militia, in the exercise and discipline of the said corps, respectively, throughout the United States.
Sec. 2. [So much of the act of 8 May, 1792,' as establishes the Baron de Steuben's rules and discipline, repealed.]
CHAPTER 102.-Approved, May 15, 1820.— Vol. 3, p. 582.
An Act to limit the term of office of certain officers therein named, and for other
District attorneys, collectors of customs, naval officers, surveyors of customs, navy agents, receivers of public moneys, registers of land offices, paymasters, apothecary-general and assistants, and commissary-general of purchases, to be appointed for four years, removable at pleasure.
SEC. 2. Commission of officers now in office to cease. If on or before 30 Sept. 1814, at their dates ensuing 30 Sept. 1820. If after 30 Sept. 1814, and before 1 Oct. 1816, at their dates ensuing 30 Sept. 1821. All others, four years from their dates.
Sec. 3. That it shall be lawful for the President of the United States, and he is hereby authorized, from time to time, as in his opinion the interest of the United States may require, to regulate and increase the sums for which the bonds required, or which may be required, by the laws of the United States, to be given by the said officers, and by all other officers employed in the disbursement of the public moneys under the direction of the war or navy departments, shall be given; and all bonds given in conformity with such regulations shall be as valid and effectual, to all intents and purposes, as if given for the sums respectively mentioned in the laws requiring the same.
1 Chap. 33, sec. 7.
CHAPTER 107.-Approved, May 15, 1820.–Vol. 3, p. 592.
An Act providing for the better organization of the treasury department.1
1. Agent of the treasury to be designated by the President. 2. Officers receiving
public money failing to account. The first comptroller to certify the amount due. Warrant of distress against delinquent and sureties. Marshal to levy by distress and sale of goods of delinquent. Ten days' notice of sale. If insufficient, may commit the officer, &c. Notice of sale. Amount due a lien upon lands, &c., of himself and sureties. Lands, &c., may be sold. Notice of sale. 3. Disbursing officers delinquent, liable to such process. 4. Persons aggrieved may prefer a bill of complaint to a district judge, &c. Who may grant an injunction. On bond and security. Not to impair the lien. Damages, if application for was for delay. 5. Granted, &c., in or out of court. 6. Party may apply to a judge of the superior court for relief. 7. Attorneys to conform to instructions from agent. The end of every term, state cases decided, &c., to agent, &c. 8. Clerks, in 30 days after term, to forward a list of judgments and decrees to the agent. Marshals, 30 days before terms, to make returns to the agent, of proceedings. 9. This act not to impair remedy of the United States.
That it shall be the duty of such officer of the treasury department as the President of the United States shall, from time to time, designate for that purpose, as the agent of the treasury, to direct and superintend all orders, suits, or proceedings, in law or equity, for the recovery of money, chattels, lands, tenements, or hereditaments, in the name and for the use of the United States.
Sec. 2. That, from and after the thirtieth day of September next, if any collector of the revenue, receiver of public money, or other officer who shall have received the public money before it is paid into the treasury of the United States, shall fail to render his account, or pay over the same, in the manner, or within the time, required by law, it shall be the duty of the first comptroller of the treasury to cause to be stated the account? of such collector, receiver of public money, or other officer, exhibiting truly the amount due to the United States, and certify the same to the agent of the treasury, who is hereby authorized and required to issue a warrant of distress against such delinquent officer and his sureties, directed to the marshal of the district in which such delinquent officer and his surety or
1 See the 3 March, 1797, chap. 20, as to suits against delinquents, ante. 2 Copies of the accounts to be evidence, 3 March, 1797, chap. 20, sec. 2, ante. 3 See form of, 6 Peters, 472, United States . Nourse.