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whenever it shall appear that such officer, noncommissioned officer, or private was ordered by his superior officer to surrender to the enemy, and such capture was made in pursuance of such surrender. R. S. 3484; 31 U. 8. C. 210.

When any minor, engaged in the military service of the United States, and provided with a horse or equipments, or with military accouterments, by his parent or guardian, dies, without paying for the property, and the same is lost, captured, destroyed, or abandoned, in the manner before mentioned, such parent or guardian shall be allowed pay therefor, on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto by having furnished the same. R. S. 3486; 31 U. S. C. 212.

When any person other than a minor, engaged in the military service, is provided with a horse or equipments, or with military accouterments, by any person, being the owner thereof, who takes the risk of such horse, equipments, or military accouterments, on himself, and the same is lost, captured, destroyed, or abandoned, in the manner before mentioned, such owner shall be allowed pay therefor, on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto, by having furnished the same, and having taken the risk on himself. R. S. 3487; 31 U. 8. O. 213.

The two preceding sections mentioned in the first paragraph, above, were R. S. 3482, which is no longer in force, and 3483, ante, 714.

717. Property of civilian employees; loss or damage in river and harbor service.—* * * whenever personal property of employees of the United States, who are employed on or in connection with river and harbor works, is damaged or destroyed in connection with the loss, threatened loss, or damage to United States property, or through efforts to save life or to preserve United States property, the Chief of Engineers shall cause an immediate examination to be made, and if, in his judgment, the facts and circumstances are such as to make the whole or any part of the damages or destruction a proper charge against the United States, the Chief of Engineers, subject to the approval of the Secretary of War, shall have authority to adjust and settle all claims for damages or destruction caused by the above-designated collisions, accidents, and so forth, in cases where the damage or expense does not exceed $500, and pay the same from the appropriation directly involved, and to report such as exceed $500 to Congress for its consideration. Sec. 4, act of June 25, 1910 (36 Stat. 676); sec. 9, act of June 5, 1920 (41 Stat. 1015); 33 U. 8. C. 564.

717a. Property of foreign national; damage by operations of the Army.-That claims of inhabitants of France or of any other European country not an enemy or ally of an enemy for damages caused by American military forces may be presented to any officer designated by the President, and when approved by such an officer shall be paid under regulations made by the Secretary of War. Sec. 1, act of Apr. 18, 1918 (40 Stat. 532); 5 U. S. C. 210.

That claims under this statute shall not be approved unless they would be payable according to the law or practice governing the military forces of the country in which they occur. Sec. 2, act of Apr. 18, 1918 (40 Stat. 532); 5 U. 8. C. 210.

That hereafter appropriations for the incidental expenses of the Quartermaster Corps shall be available for paying the claims herein described. Sec. 3, act of Apr. 18, 1918 (40 Stat, 532); 5 U.S. C. 210.

That this statute does not supersede other modes of indemnity now in existence and does not diminish the responsibility of any member of the military forces to the person injured or to the United States. Sec. 4, act of Apr. 18, 1918 (10 Stat. 532); 5 U. S. C. 210.

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718. Pay claims; attorneys' fees.—* * Provided, That in the settlement of claims of officers, soldiers, sailors, and marines, or their representatives, and all other claims for pay and allowances within the jurisdiction of the Auditor for the War Department or the Auditor for the Navy Department, presented and filed hereafter in which it is the present practice to make deductions of attorneys' fees from the amount found due, no deductions of fees for attorneys or agents shall hereafter be made, but the draft, check, or warrant for the full amount found due shall be delivered to the payee in person or sent to his bona fide post-office address (residence or place of business). Sec. 1, act of June 6, 1900 (31 Stat. 637); 31 U. 8. C. 102.

Provided, That hereafter no agent or attorney shall demand or accept, for his services in connection with the prosecution of claims for arrears of pay, bounty, or other allowances due on account of the services during the Civil War of an officer or enlisted man of the Regular or Volunteer Armies of the United States, filed after the passage of this Act, any fee for any services rendered in connection therewith. Whoever shall violate this provision upon conviction shall be punished by a fine of not exceeding five hundred dollars or imprisonment for a period not exceeding six months, or both, and shall be disbarred from practice before the Treasury Department. Act of Dec. 22, 1911 (37 Stat. 49); 10 U. 8. C. 867.

The duties of the auditors are now performed by the General Accounting Office. See 1646, post.

719. Pay claims; longevity.-That the Court of Claims shall certify to the proper accounting officers of the United States the findings of fact heretofore made for claimants in claims of officers of the United States Army for longevity pay under the decisions of the Supreme Court of the United States in United States against Morton (volume 112, United States Reports, page 1) and United States against Watson (volume 130, United States Reports, page 80), and of the Court of Claims in Stewart against United States (volume 34, Court of Claims Reports, page 553).

And that the proper accounting officers of the United States shall proceed to settle the claims so certified and all other claims for longevity pay and allowances on account of services of officers in the Regular Army arising under section 15 of an Act approved July 5, 1838, entitled “An Act to increase the present Military Establishment of the United States, and for other purposes," and subsequent Acts affecting longevity pay and allowances, in accordance with the decisions of the courts of the United States in all cases in which heretofore, namely, between 1890 and 1908, such claims were disallowed by any accounting officer of the Treasury, and no decision of a comptroller heretofore made against a claimant under said section 15 shall prevent a settlement under the terms of this Act of any such disallowed claim. Every such claim shall be payable to the claimant or to his widow or to his legal representative: Provided, That no claim hereunder shall be allowed if made by any person who is an assignee of such claim nor to a legal representative without proof of the existence of blood relations to whom the fund would be distributed: Provided further, That it shall be unlawful for any agent or attorney, firm of attorneys, or any person engaged heretofore or hereafter in preparing, presenting, or prosecuting any claim under this Act to charge or receive more than 10 per centum of any amount appropriated in satisfaction of the claim. Act of Jan. 29, 1927 (11 Stat. 1054).

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, Oct. 20, 1930, p. 113) that this section, based on act of January 29, 1927 (44 Stat. 1054), be included in the Code as not yet fully executed. 720. Pay claims; National Guard in Federal service.—That the Comptroller General of the United States be and he is hereby authorized and directed to adjust and settle claims for pay for services rendered during the fiscal years 1917, 1918, and 1919, or any portion thereof, for which appropriations are now being made pursuant to sections 67 and 92 of the National Defense Act, approved June 3, 1916, as amended, and certify such settlements to Congress from time to time. Act of May 22, 1928 (45 Stat. 704).

721. Pay claims; time limit for filing.- No claim for arrears of pay, bounty, or other allowances growing out of the service of Volunteers who served in the Army of the United States during the Civil War shall be received or considered by the accounting officers of the Treasury unless filed in the office of the Auditor for the War Department on or before December thirty-first, nineteen hundred and twelve:

No claim for arrears of pay, bounty, or other allowances growing out of the service of Volunteers who served in the Army of the United States during the War with Spain shall be received or considered by the accounting officers of the Treasury unless filed in the office of the Auditor for the War Department on or before December thirty-first, nineteen hundred and fourteen. Act of Dec. 22, 1911 (37 Stat. 49); 10 U. S. C. 866, 867.

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CHAPTER 11

CLAIMS BY THE UNITED STATES

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Collection, 722.

Liability for failure to give priority, 725. Compromise, 723.

Survival of action to recover damages, 725a. Priority, 724. 722. Collection.-*

The auditors, under the direction of the Comptroller of the Treasury, shall superintend the recovery of all debts finally certified by them, respectively, to be due to the United States.

Sec. 4, act of July 31, 1894 (28 Stat. 206); 31 U. 8. C. 93.

The duties of the auditors and Comptroller of the Treasury are now performed by the General Accounting Office. See 1646, post.

Notes of Decisions Liability of owner.-Liability does not at-, bodily harm to himself and others, is liable tach against owner for negligent operation of for bodily harm caused thereby, applies not automobile by another unless legal status of only to owner of automobile but also to one master and servant or principal and agent who has right to permit and power to proexists; mere relationship of father and son hibit its use. Rounds v. Phillips (Md., 1935), being insufficient to impose liability. Spegele 177 A. 174. v. Blumfield (Pa., 1935), 182 A. 149.

Contributory negligence.-In suit by United Automobile owner cannot be held liable for States for damages alleged to have occurred negligent act of another operating automoto automobile owned by it, defendants held bile merely with owner's consent, in absence entitled to set up defense that negligence of of proof that driver operated automobile as employee of United States at time of acowner's agent or servant. Tourkakis v. Bille cident was proximate cause of damage. U. S. man (Mo., 1934), 71 S. W. (2d) 1084.

V. Moscow Seed Co. (D. C., 1936), 14 F. Liability of father for acts of minor son.- Supp. 135. Father, furnishing minor son with automo- Contributory negligence is not complete bile, was liable for his negligence, though defense to action against railway company for automobile was first registered in son's name death of one struck by train, but only reand later in mother's name after son's license quires reduction of damages in proportion was revoked, if father permitted son to drive that it contributed to deceased's injury. though knowing of son's recklessness and in- Thomas v. Southern Ry. Co. (C. C. A., 1937), competency in operating automobiles. Rounds 92 F. (20) 445. 1. Phillips (Md., 1934), 170 A. 532.

Laches.-Defense of laches is not avail. Rule that one who supplies automobile for able in suit by state or federal government use of another whom supplier knows or to enforce public right or protect public inshould know to be likely, because of his terest. State v. Vincent (Oreg., 1935), 52 youth, inexperience, or otherwise, to use it P. (20) 203. in manner involving unreasonable risk of

723. Compromise.-Upon a report by a district attorney, or any special attorney or agent having charge of any claim in favor of the United States, showing in detail the condition of such claim, and the terms upon which the same may be compromised, and recommending that it be compromised upon the terms so offered, and upon the recommendation of the Solicitor of the Treasury, the Secretary of the Treasury is authorized to compromise such claim accordingly. But the provisions of this section shall not apply to any claim arising under the postal laws. R. S. 3469; 31 U. S. C. 194.

As to any case referred to the Department of Justice for prosecution, the function of decision whether and in what manner to prosecute, or to compromise, or to appeal, or to abandon prosecution, formerly exercised by any agency or officer, is transferred to the Department of Justice by Executive Order No. 6166 of June 10, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended.

The office of Solicitor of the Treasury was abolished, and its powers, duties, and functions transferred to the General Counsel for the Treasury Department, by section 512, Revenue Act of May 19. 1934 (48 Stat. 758), which created the later office.

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