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 especial1 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

1 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. 1 How. 290, Williams vs. United States.

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.

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 Act in addition to the Act entitled "An Act for the prompt settlement of public 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 2 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, 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.a

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

and canals.

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.

1 Chap. 53, ante.

2 See act July, 1862, chap. 148.

3 Clause in italics repealed by the 5 July, 1838, chap. 162, sec. 6. To receive the pay, &c., as in the dragoons, by the act above cited, ch. 162, sec. 5.

CHAPTER 18.-Approved, March 3, 1825.-Vol. 4, p. 94.

An Act for arming the militia of the District of Columbia.1

That the act of the 23d of April, 1808,2 entitled "An act making provision 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, whenever, 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 seminaries 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.

CHAPTER 74.-Approved, May 18, 1826.-Vol. 4, p. 173.

An Act regulating the accountability for clothing and equipage issued to the army of the United States, and for the better organization of the quartermaster's department.

1. Quartermaster's department to distribute clothing, &c. 2. Commanders of companies, &c., to return supplies every quarter. 3. Duty of officers charged with the issue of clothing and supplies. 4. Two quartermasters and ten assistants appointed. To receive forage. 5. Officers to give bond.

That it shall be the duty of the quartermaster's department, in addition' to its present duties, to receive from the purchasing department, and distribute to the army of the United States, all clothing and camp and garrison equipage required for the use of the troops; and that it shall be the duty of the quartermaster-general, under the direction of the secretary of war, to prescribe and enforce, under the provisions of this act, a system of accountability for all clothing and equipage issued to the army. SEC. 2. That every captain, or commander of a company, detachment, or recruiting station, or other officer, who shall have received clothing or camp equipage for the use of his command, or for issue to the troops, shall render to the quartermaster-general, at the expiration of each regular quarter of the year, quarterly returns of such supplies, according to the forms which may be prescribed, accompanied by the requisite vouchers for any issue that shall have been made; which returns and vouchers, after due examination by the quartermaster-general, shall be transmitted for settlement to the proper office of the treasury department.

SEC. 3. That it shall be the duty of all officers charged with the issue of clothing, or other supplies, carefully to preserve the same from waste or damage; and, in case of deficiency, on final settlement, of any article of supplies, the value thereof shall be charged against the delinquent, and deducted from his monthly pay, unless he shall show, to the satisfaction of the secretary of war, by one or more depositions, setting forth the circumstances of the case, that the said deficiency was occasioned by unavoidable accident, or was lost in actual service, without any fault on his part; and, in case of damage, he shall also be subject to charge for the damage actually sustained, unless he shall

1 See the 28 March, 1812, chap. 46, sec. 3, ante, for duties of.