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CHAPTER 88.-Approved, May 7, 1822.-Vol. 3, p. 686.
An Act to repeal the fourteenth section of "An Act to reduce and fix the military
peace establishment,” passed the second day of March, one thousand eight hundred and twenty-one.
That the fourteenth section of the act entitled “ An act to reduce and fix the military peace establishment," passed the 2d day of March, 1821, be, and the same is hereby, repealed.
CHAPTER 90.- Approved, May 7, 1822.—Vol. 3, p. 688.
An Act further to amend the several Acts relative to the treasury, war, and nary
departments. SEC. 3. That all moneys appropriated for the use of the war and navy departments, shall, from and after the day and year last aforesaid, be drawn from the treasury, by warrants of the secretary of the treasury, upon the requisitions of the secretaries of those departments, respectively, countersigned by the second comptroller of the treasury, and registered by the proper auditor.
[Sec. 4 repeals so much of the act of 3 March, 1817, chap. 45, as is repugnant to this act.]
CHAPTER 5.—Approved, January 23, 1823.—Vol. 3, p. 721.
An Act to continue the present mode of supplying the army of the United States.!
That the seventh, eighth, ninth, and tenth sections of the act entitled “An act regulating the staff of the army," passed April 14, 1818, be, and the same are hereby, continued in force for the term of five years, and until the end of the next session of Congress thereafter.
Chap. 13, ante. That section approved and adopted General Scott's system of “ General Regulations for the Army." * See act 2 March, 1829, chap. 42.
3 Chap 61. 4 See 3 March, 1835, chap. 49, by which it is continued perpetually.
CHAPTER 9.-Approved, January 31, 1823.—Vol. 3, p. 723.
An Act concerning the disbursement of public money.
1. No advance of public money. Unless necessary to promptness. Or on distant
stations. 2. Officers or agents of the United States to account quarterly. 3. Officers or agents offending, to be reported to the President and dismissed. 4. No security to government to be impaired.
That, from and after the passing of this act, no advance of public money shall be made in any case whatever; but in all cases of contracts for the performance of any service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered, or of the articles delivered previously to such payment: Provided, That it shall be lawful, under the especial' direction of the President of the United States, to make such advances to the disbursing officers of the government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfilment of the public engagements: And provided, also, That the President of the United States may direct such advances as he may deem necessary and proper, to such persons in the military and naval service as may be employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled cannot be regularly effected.
Sec. 2. That every officer or agent of the United States, who shall receive public money which he is not authorized to retain, as salary, pay, or emolument, shall render his accounts quarteryearly to the proper accounting officers of the treasury, with the vouchers necessary to the correct and prompt settlement thereof, within three months, at least, after the expiration of each successive quarter, if resident within the United States; and within six months, if resident in a foreign country: Provided, That nothing herein contained shall be construed to restrain the secretaries of any of the departments from requiring such returns from the officer or agent, subject to the control of such secretaries, as the public interest may require.
Sec. 3. That every officer or agent of the United States who shall offend against the provisions of the preceding sections, shall, by the officer charged with the direction of the department to which such offending officer is responsible, be promptly reported to the President of the United States, and dismissed from the public service: Provided, That in all cases where any officer, in default as aforesaid, shall account to the satisfaction of the President for such default, he may be continued in office, any thing in the foregoing provision to the contrary notwithstanding
i The President is not expected to be the administrative officer of the departments, and his general order to the bureaus to advance funds to disbursing officers authorizes such payments. i How. 290, Williams vs. United States.
Sec. 4. That no security given to, or obligation entered into, with the government, shall be in any wise impaired by the dismissing any officer, or from failure of the President to dismiss any officer, coming under the provisions of this act.
[Approved, January 31, 1823.] March 3, 1797, chap. 20.
CHAPTER 37.--Approved, March 1, 1823.-Vol. 3, p. 770.
An Aci in addition to the Act entitled “ An Act for the prompt settlement of publio
accounts," and for the punishment of the crime of perjury.
3. Persons swearing falsely shall suffer as for perjury.
Sec. 3. That if any person shall swear or affirm falsely touching the expenditure of public money, or in support of any claim against the United States, he or she shall, upon conviction thereof, suffer as for wilful and corrupt perjury.
1 The 1st and 2d sections are for settlement of pending accounts, and are omitted.
% This includes all cases of swearing, &c., required by the practice of the treasury department, in the expenditure of public money, or in support of any claims against the United States. 9 Peters, 238, 256, United States vs. Bailey
And a false oath taken before a justice of the peace, authorized by regulation of the treasury department to take oaths as evidence at the department in support of a claim against the United States, is perjury. 9 Peters, 238,257, United States v. Bailey.
It is not necessary to allege the intent to have been felonious. 9 Peters, 238.
CHAPTER 59.- Approved, March 1, 1823.– Vol. 3, p. 782.
An Act supplementary to the Acts to provide for certain persons engaged in the land and
naval service of the United States in the revolutionary war.
Secretary of war to restore pensioners struck off by the 1st of May, 1820,1 if indigent.
Sec. 2. A judge may attend at the dwelling of persons unable to attend in court.
Sec. 3. Pensions to commence after this act, &c.
CHAPTER 71.- Approved, March 3, 1823.-Vol. 3, p. 788.
An Act to establish a national armory on the western waters.
That the President of the United States be, and he is hereby, authorized to employ a skilful engineer or officer of the ordnance department, with such other person or persons as he may judge proper, to examine the most suitable site for a national armory on the western waters; and that the said engineer, and such other person or persons, be requested to report the result of their examinations to Congress at the commencement of its next session, particularly designating the sites by them examined, with the comparative advantages of each, and an estimate showing the amount necessary for purchasing each, and erecting all necessary buildings thereon.
Sec. 2. That the sum of $5000 be, and the same is hereby, appropriated to effect the object of this act.
CHAPTER 46.- Approved, April 30, 1824.— Vol. 4, p. 23.
An Act to procure the necessary surveys, plans, and estimates, upon the subject of roads
That the President of the United States is hereby authorized to cause the necessary surveys, plans, and estimates to be made of the routes of such roads and canals as he may deem of national importance, in a commercial. or military point of view, or necessary for the transportation of the public mail; designating, in the case of each canal, what parts may be made capable of sloop navigation: the surveys, plans, and estimates for each, when completed, to be laid before Congress.
Sec. 2. That, to carry into effect the objects of this act, the President be, and he is hereby, authorized to employs two or more skilful civil engineers, and such officers of the corps of engineers, or who may be detailed to do duty with that corps, as he may think proper; and the sum of $30,000 be, and the same is hereby, appropriated, to be paid out of any moneys in the treasury not otherwise appropriated.
2 See act July, 1862, chap. 148. 3 Clause in italics repealed by the 5 July, 1838, chap. 162, sec. 6. 4 To receive the pay, &c., as in the dragocns, by the act above cited, ch. 162, sec. 5
1 Chap. 53, ante.
CHAPTER 18.-Approved, March 3, 1825.—Vol. 4, p. 94.
An Act for arming the militia of the District of Columbia.
That the act of the 23d of April, 1808, entitled "An act making provi. sion for arming and equipping the whole body of the militia of the United States," be, and the same is hereby, declared to extend to the District of Columbia ; and the President of the United States is hereby authorized and directed to issue arms and military equipments to the militia of said District, under such regulations for the return thereof as he may deem it proper to prescribe.
CHAPTER 93.- Approved, March 3, 1825.—Vol. 4, p. 127.
An Act to authorize the sale of unserviceable ordnance, arms, and military stores.
That the President of the United States be, and he is hereby, authorized to cause to be sold any ordnance, arms, ammunition, or other military stores, or subsistence, or medical supplies, which, upon proper inspection or survey, shall appear to be damaged, or otherwise unsuitable for the public service, when. ever, in his opinion, the sale of such unserviceable stores will be advantageous to the public service.•
Sec. 2. That the inspection or survey of the unserviceable stores shall be made by an inspector-general, or such other officer or officers as the secretary of war may appoint for that purpose; and the sales shall be made under such rules and regulations as may be prescribed by the secretary of war.
CHAPTER 30.- Approved May 4, 1826.—Vol. 4, p. 157.
An Act to exempt the professors, tutors, stewards, and students of the different semina
ries of learning, in the District of Columbia, from militia duty,3
[Professors, &c., exempt from militia duty except in case of war.]
1 Substituted in sec. 7, chap. 169, 3 March, 1855, post. 2 See chap. 55, and note. 3 This act is also printed among the private acts in vol. 6, p. 339.-L. & B.