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dent is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.

Time for re

SEC. 4068. When an alien who becomes liable as an enemy, in the manner prescribed in the preceding section, is not chargeable with moval. actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; aud where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.

courts over alien enemies,

SEC. 4069. After any such proclamation has been made, the several Jurisdiction of courts of the United States, having criminal jurisdiction, and the several United States justices and judges of the courts of the United States, are authorized, and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction of district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the terrritory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed.

SEC. 4070. When an alien enemy is required by the President, or by order of any court, judge, or justice, to depart and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor, and to execute such order in person, or by his deputy, or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be.

Sec.

APPROPRIATIONS-ESTIMATES.

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Sec.

Duties of mar shal in removing

alien enemies.

3675. Form of drawing and charging warrants. 3676. Appropriations for Navy controlled by Secretary; for each Bureau to be kept separately.

3673. Application of moneys appropriated. 3679. No expenditures beyond appropriations. 3681. Expenses of commissions and inquiries. 3682. Contingent, &c., expenses.

3683. Restriction on purchasing from contingent
fund.

3685. Light-house appropriations.
3686. Foreign hydrographic surveys.
3689. Permanent indefinite appropriations.
3690. Expenditure of balances of appropriations.
3691. Disposal of balances after two years.
3692. Proceeds of certain sales of material.
Unexpended balances of appropriations.
Estimates to be furnished Secretary of Treas-
ury by October 1.

SEC. 430. All estimates for specific, general, and contingent expenses of the Department, and of the several Bureaus, shall be furnished to the Secretary of the Navy by the chiefs of the respective Bureaus. [See § 3666, POST.]

Title 10.

Estimates for expenses.

Title 41.

mates.

SEC. 3660. The heads of Departments, in communicating estimates of Manner of comexpenditures and appropriations to Congress, or to any of the commitmunicating esti tees thereof, shall specify, as nearly as may be convenient, the sources from which such estimates are derived, and the calculations upon which they are founded, and shall discriminate between such estimates as are conjectural in their character and such as are framed upon actual information and applications from disbursing officers. They shall also give references to any law or treaty by which the proposed expenditures are, respectively, authorized, specifying the date of each, and the volume and page of the Statutes at Large, or of the Revised Statutes, as the case may be, and the section of the act in which the authority is to be found.

Estimates for

printing binding.

SEC. 3661. The head of each of the Executive Departments, and every and other public officer who is authorized to have printing and binding done at the Congressional Printing-Office for the use of his Department or public office, shall include in his annual estimate for appropriations for the next fiscal year such sum or sums as may to him seem necessary "for printing and binding, to be executed under the direction of the Congressional Printer." [See § 3802, PUBLIC DOCUMENTS.]

Estimates for salaries.

SEC. 3662. All estimates for the compensation of officers authorized by law to be employed shall be founded upon the express provisions of law, and not upon the authority of executive distribution.

Requisites for SEC. 3663. Whenever any estimate submitted to Congress by the estimates for ap- head of a Department asks an appropriation for any new specific expropriation for public works. penditure, such as the erection of a public building, or the construction of any public work, requiring a plan before the building or work can be properly completed, such estimate shall be accompanied by full plan and detailed estimates of the cost of the whole work. All subsequent estimates for any such work shall state the original estimated cost, the aggregate amount theretofore appropriated for the same, and the amount actually expended thereupon, as well as the amount asked for the current year for which such estimate is made. And if the amount asked is in excess of the original estimate, the full reasons for the excess, and the extent of the anticipated excess, shall be also stated. [See § 3734, CONTRACTS.]

What addi

tions are

quired.

re

SEC. 3664. Whenever the head of a Department, being about to subtional explana- mit to Congress the annual estimates of expenditures required for the coming year, finds that the usual items of such estimates vary materially in amount from the appropriation ordinarily asked for the object named, and especially from the appropriation granted for the same objects for the preceding year, and whenever new items not theretofore usual are introduced into such estimates for any year, he shall accompany the estimates by minute and full explanations of all such variations and new items, showing the reasons and grounds upon which the amounts are required, and the different items added.

Amount of out

SEC. 3665. The head of each Department, in submitting to Congress standing appro- his estimates of expenditures required in his Department during the priations to be designated. year then approaching, shall designate not only the amount required to be appropriated for the next fiscal year, but also the amount of the outstanding appropriation, if there be any, which will probably be required for each particular item of expenditure.

Items of ex

SEC. 3666. The estimates for expenditures required by the Department penditure to be of the Navy for the following purposes shall be given in detail, and the specified in esti- expenditures made under appropriations therefor shall be accounted for so as to show the disbursements of each Bureau under each respective appropriation:

mates and accounts.

First. Freight and transportation.

Second. Printing and stationery.

Third. Advertising in newspapers.

Fourth. Books, maps, models, and drawings.

Fifth. Purchase and repair of fire-engines and machinery.

Sixth. Repairs of and attending to steam-engines in navy-yards.

Seventh. Purchase and maintenance of horses and oxen, and driving teams.

Eighth. Carts, timber-wheels, and the purchase and repair of workmen's tools.

Ninth. Postage of public letters.

Tenth. Fuel, oil, and candles for navy-yards and shore-stations. Eleventh. Pay of watchmen and incidental labor not chargeable to any other appropriation.

Twelfth. Transportation to, and labor attending the delivery of provisions and stores on foreign stations.

Thirteenth. Wharfage, dockage, and rent.

Fourteenth. Traveling expenses of officers and others under orders.
Fifteenth. Funeral expenses.

Sixteenth. Store and office rent, fuel, commissions, and pay of clerks to navy-agents and store-keepers.

Seventeenth. Flags, awnings, and packing-boxes.

Eighteenth. Premiums and other expenses of recruiting.

Nineteenth. Apprehending deserters.

Twentieth. Per-diem pay to persons attending courts-martial, courts of inquiry, and other services authorized by law.

Twenty-first. Pilotage and towage of vessels, and assistance to vessels in distress.

Twenty-second. Bills of health and quarantine expenses of vessels of the United States Navy in foreign ports. [See § 430, ante.]

Estimate of claims, &c., on

SEC. 3667. The Secretary of the Navy shall annually submit to Congress estimates of the claims and demands chargeable upon and payable Navy pensionout of the naval pension fund.

fund.

SEC. 3669. All annual estimates for the public service shall be sub- Estimates to be mitted to Congress through the Secretary of the Treasury, and shall be submitted to Conincluded in the book of estimates prepared under his direction.

gress.

SEC. 3670. The Secretary of the Treasury shall annex to the annual What stateestimates of the appropriations required for the public service, a state- ments shall acment of the appropriations for the service of the year, which may have company estibeen made by former acts.

mates.

Statement of

SEC. 3672. A detailed statement of the proceeds of all sales of old material, condemned stores, supplies, or other public property of any proceeds of sales kind shall be included in the appendix to the book of estimates.

of old material.

SEC. 3673. All moneys appropriated for the use of the War and Navy Drafts for War Departments shall be drawn from the Treasury, by warrants of the Sec- and Navy Deretary of the Treasury, upon the requisitions of the Secretaries of those partments. Departments, respectively, countersigned by the Second Comptroller of

the Treasury, and registered by the proper Auditor. [See §§ 273, 277,

under ACCOUNTS.]

warrants.

SEC. 3675. All warrants drawn by the Secretary of the Treasury, upon Form of drawthe Treasurer of the United States, shall specify the particular appropria- ing and charging tion to which the same should be charged; and the moneys paid by virtue of such warrants shall, in conformity therewith, be charged to such appropriation in the books of the Secretary, First Comptroller, and Register.

con

SEC. 3676. All appropriations for specific, general, and contingent ex- Appropriation penses of the Navy Department shall be under the control and expended for Navy by the direction of the Secretary of the Navy, and the appropriation trolled by Secrefor each Bureau shall be kept separate in the Treasury.

SEC. 3678. All sums appropriated for the various branches of expenditure in the public service shall be applied solely to the objects for which they are respectively made, and for no others.

SEC. 3679. No Department of the Government shall expend, in any one fiscal year, any sum in excess of appropriations made by Congress for that fiscal year, or involve the Government in any contract for the future payment of money in excess of such appropriations. [See §§ 3733, 5503, CONTRACTS.]

tary; for each Bureau to be kept separately. Applications of moneys appropri

ated.

No expenditures beyond appropriations.

Expenses of commissions and inquiries.

SEC. 3681. No accounting or disbursing officer of the Government shall allow or pay any account or charge whatever, growing out of, or in any way connected with, any commission or inquiry, except courtsmartial or courts of inquiry in the military or naval service of the United States, until special appropriations shall have been made by law to pay such accounts and charges. This section, however, shall not extend to the contingent fund connected with the foreign intercourse of the Government, placed at the disposal of the President. SEC. 3682. No moneys appropriated for contingent, incidental, or mis- Restrictions on cellaneous purposes, shall be expended or paid for official or clerical contingent, &c., appropriations. compensation.

SEC. 3683. No part of the contingent fund appropriated to any De- Upon purpartment, Bureau, or office, shall be applied to the purchase of any ar- chases from conticles except such as the head of the Department shall deem necessary tingent funds.

and proper to carry on the business of the Department, Bureau, or

Light-houses.

office, and shall, by written order, direct to be procured. [See CONTINGENT FUND.]

SEC. 3685. Appropriations for establishing light-houses shall be available for expenditure for two years after acts of State legislatures ceding jurisdiction over sites take effect. This section shall not, however, apply to general appropriations for light-house purposes. In no case shall any special appropriation be available for more than two years without further provision of law. [See June 20, 1874, post.]

Foreign hydro- SEC. 3686. All appropriations made for the preparation or publication graphic surveys. of foreign hydrographic surveys shall only be applicable to their object, upon the approval by the Secretary of the Navy, after a report from three competent naval officers, to the effect that the original data for proposed charts are such as to justify their publication; and it is hereby made the duty of the Secretary of the Navy to order a board of three naval officers to examine and report upon the data, before he shall approve of any application of money to the preparation or publication of such charts or hydrographic surveys.

Permanent in

ations.

SEC. 3689. There are appropriated, out of any moneys in the Treasury definite appropri- not otherwise appropriated, for the purposes hereinafter specified, such sums as may be necessary for the same respectively; and such appropriations shall be deemed permanent annual appropriations.

Allowance for reduction of wages under eight-hour law:

Of such sum as may be required in the settlement of all accounts for the services of laborers, workmen, and mechanics employed by or on behalf of the Government, between the twenty-fifth day of June, eighteen hundred and sixty-eight, the date of the act constituting eight hours a day's work for all such laborers, workmen, and mechanics, and the nineteenth day of May, eighteen hundred and sixty-nine, the date of the proclamation of the President concerning such pay, to settle and pay for the same without reduction on account of reduction of hours of labor by said act, when it shall be made to appear that such was the sole cause of the reduction of wages. [See § 3738, CONTRACTS.]

Indemnity to seamen and marines for lost clothing:

To allow and pay to each person, not an officer, employed on a vessel of the United States, sunk or otherwise destroyed, and whose personal effects have been lost, a sum not exceeding sixty dollars. In the event of the death of the person, this sum is to be paid to his proper legal representatives.

Prize-money to captors:

For one moiety of the proceeds of prizes captured by vessels of the United States, to be distributed to the officers and crews thereof, in conformity to the provisions of Title "PRIZE;" also, the proceeds of derelict and salvage cases adjudged by the courts of the United States to salvors. Expenditure of SEC. 3690. All balances of appropriations contained in the annual balances of ap- appropriation bills and made specifically for the service of any fiscal propriations. year, and remaining unexpended at the expiration of such fiscal year, shall only be applied to the payment of expenses properly incurred during that year, or to the fulfillment of contracts properly made within that year; and balances not needed for such purposes shall be carried to the surplus fund. This section, however, shall not apply to appropriations known as permanent or indefinite appropriations. [See § 3685.] Disposal of balSEC. 3691. All balances of appropriations which shall have remained ances after two on the books of the Treasury, without being drawn against in the settlement of accounts, for two years from the date of the last appropriation made by law, shall be reported by the Secretary of the Treasury to the Auditor of the Treasury, whose duty it is to settle accounts thereunder, and the Auditor shall examine the books of his Office, and certify to the Secretary whether such balances will be required in the settlement of any accounts pending in his Office; and if it appears that such balances will not be required for this purpose, then the Secretary may include such balances in his surplus-fund warrant, whether the head of the proper Department shall have certified that it may be carried into the general Treasury or not. But no appropriation for the payment of the interest or principal of the public debt, or to which a longer duration is given by law, shall be thus treated. [See June 29, 1874, post.]

years.

Proceeds of cer

SEC. 3692. All moneys received from the leasing or sale of marine tain sales, &c., of hospitals, or the sale of revenue-cutters, or from the sale of commissary stores to the officers and enlisted men of the Army, or from sales of condemned clothing of the Navy, or from sales of materials, stores, or sup

material.

plies to any exploring or surveying expedition authorized by law, shall respectively revert to that appropriation out of which they were originally expended, and shall be applied to the purposes for which they are appropriated by law.

LEGISLATIVE AND EXECUTIVE APPROPRIATION ACT.

to be

SEC. 5. That from and after the first day of July, eighteen hundred June 20, 1874. and seventy-four, and of each year thereafter, the Secretary of the Treas- Unexpended ury shall cause all unexpended balances of appropriations which shall balances have remained upon the books of the Treasury for two fiscal years to be covered into the carried to the surplus fund and covered into the Treasury: Provided, Treasury. That this provision shall not apply to permanent specific appropriations, Exceptions, to appropriations for rivers and harbors, light-houses, fortifications, public continue availabuildings, or the pay of the Navy and Marine Corps; but the appropria- ble. tions named in this proviso shall continue available until otherwise ordered by Congress, and this provision shall not apply to any unexpended balance of the appropriation made by the act approved December twenty-first, eighteen hundred and seventy-one, for expenses that may be incurred under articles one to nine of the treaty with Great Britain concluded May eighth, eighteen hundred and seventy-one, which balance the act approved March third, eighteen hundred and seventy-three, authorized to be expended to enable the President to fulfill the stipulations contained in the twentieth, twenty-second, twenty-third, twentyfourth, and twenty-fifth articles of said treaty: And provided further, Existing That this section shall not operate to prevent the fulfillment of contracts tracts not affectexisting at the date of the passage of this act; and the Secretary of the ed. Treasury shall, at the beginning of each session, report to Congress, with his annual estimates, any balances of appropriations for specific objects affected by this section that may need to be re-appropriated.

LEGISLATIVE AND EXECUTIVE APPROPRIATION ACT.

con

Report to Con

gress.

SEC. 3. That it shall be the duty of the heads of the several Executive March 3, 1875. Departments, and of other officers authorized or required to make esti- Estimates, mates, to furnish to the Secretary of the Treasury, on or before the first when to be fur day of October of each year, their annual estimates for the public service, nished. to be included in the Book of Estimates prepared by law under his direction; and the Secretary of the Treasury shall submit, as a part of the appendix to the Book of Estimates, such extracts from the annual re- Extracts from ports of the several heads of Departments and Bureaus as relate to cluded in appenestimates for appropriations, and the necessities therefor.

reports to be in

dix to estimates.

ARREARS.

Sec.

274. Arrears of pay to deceased persons.

Sec.

1766. Officers in arrears.

SEC. 274. The Second Comptroller may prescribe rules to govern the Title 7, Chap. 3. payment of arrears of pay due to any petty officer, seaman, or other per- Arrears of pay son not an officer, on board any vessel in the employ of the United to deceased perStates, which has been sunk or destroyed, in case of the death of such sons. petty officer, seaman, or person, to the person designated by law to receive the same.

Title 19. Officers in ar

SEC. 1766. 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. In all cases rears. where the pay or salary of any person is withheld in pursuance of this section, the accounting officers of the Treasury, if required to do so by the party, his agent or attorney, shall report forthwith to the Solicitor of the Treasury the balance due; and the Solicitor shall, within sixty days thereafter, order suit to be commenced against such delinquent and his sureties.

Sec.

ARSON OF PUBLIC BUILDINGS, &c.

5385. Arson of dwelling within a fort, &c. 5386. Arson of armory, arsenal, &c.

Sec.

5387. Arson of vessel of war.

SEC. 5385. Every person who, within any fort, dock-yard, navy-yard, Title 70,'Chap. 3. arsenal, armory, or magazine, the site whereof is under the jurisdiction Arson of dwellof the United States, or on the site of any light-house, or other needful ing-house within building belonging to the United States, the site whereof is under their a fort, &c.

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