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CONTRACTS—Continued.

interests of the Government are not thereby prejudiced, and par-
ticnlarly when its noncompletion within the time limited is not

due to the negligence of the contractor. 242.
16. The question whether a contractor has properly complied with the

terms of his contract in executing the work thereunder is one
of fact upon which the decision of the head of the Department

made in good faith is conclusive. 242.
17. A proposal in writing to furnish supplies and a written acceptance

by the authorized agent of the Government constitute a contract
within the meaning of section 3690, Revised Statutes, so as to
authorize the use of the appropriation for the fiscal year in which
the contract is made in paying for such portion of the supplies as
are delivered under the contract after the expiration of the fiscal

year. 248.
18. The sureties on the bond of a defaulting contractor can not be recog.

nized, under his contract, to complete the work, although after
the Government has canceled the contract on account of the
default they may make a new contract ou their own behalf, with-
out affecting their liability as sureties on the canceled contract.

346.
19. Under a contract for work on a public building in process of erection

providing that the contractor shall be paid monthly for work
actually executed and put in place, lie is, upon the complete
destruction of the building by fire without fault of the contractor
or of the Government, entitled to payment from the United States
for the labor done and for such materials as have been actually

worked into the building. 365.
20. When a contractor working under a formal contract entered into a

written agreement with the proper officer of the United States
for additional work, the necessity for which became apparent as
the contract work progressed, he is entitled to payment for such
additional work, notwithstanding the agreement was not made
after previous advertising for proposals, as required in section
3709, Revised Statntes, the nature of the particular work being
such that it conld be performed only by the person doing the work

under the contract. 373.
21. Under the appropriation of $25,000 for the reestablishing of the

light-house at Smith's Point, a contract, involving a liability not
exceeding said sum, may be made for a portion of the work, pro-
vided the estimated cost of the complete structure under the plan
adopted does not exceed the limit of $80,000 fixed in the act, the
remainder of the work to be contracted for as appropriations are

inade by Congress. 395.
22. A contractor who is in default under a contract with the United

States should not be paid by a disbursing officer the balance due
to him on other contracts until his liability for the default has

been ascertained and adjusted. 429.
23. Under a contract which provides for the retention of 10 per cent

until the completion of the work thereunder, no payment pend.
CONTRACTS--Continued.

ing the completion of the work of any part of the amount retained
can be made after the contract has been annulled on account of
the default of the contractor, but the amount should be held to
cover any additional cost incurred by the Government in com-

pleting the work. 503.
24. Where a contract provides that upon certain contingencies all sums

due the contractor and percentages retained shall be forfeited to
the United States, such sums are regarded as penalties and not
as liquidated damages, and should be withheld until the com-
pletion of the work contemplated by the contract and determi-

nation of the damage sustained by the United States. 579.
25. Section 3709, Revised Statutes, does not require the advertising for

proposals nor the entering into contracts for the purchase of
patented or copyrighted articles where the benefit of competition

can not be secured. 632.
26. The Secretary of War has authority to extend the time for the com-

pletion of a contract made on behalf of his Department, and to
waive the penalty for noncompletion within the contract period,
when he deems such action not prejudicial to the interests of the

Government. 635.
See APPROPRIATIONS, Nos. 5, 11; DEMURRAGE, Nos. 1, 2; LIGHT-

HOUSE ESTABLISHMENT, No. 1; PARTNERSHIP; POSTAL SERVICE,
Nos. 2, 3; RIVER AND HARBOR IMPROVEMENTS; SURVEYS, PUB-

LIC LANDS, No. 1; UNLIQUIDATED DAMAGES, No. 3.
COPY OF JUDGMENT.

See COURT OF CLAIMS.
COPYRIGHTED ARTICLES.

See CONTRACTS, No. 25.
CORPORATIONS.

See Contracts, Nos. 1, 2; VOUCHER.
COSTS.

See CLERKS, UNITED STATES COURTS, Nos. 11, 17.
COSTS IN STATE COURT.
1. When, in a suit in a State court to condemn land for the improve-

ment of a river, a judgment for damages and costs is rendered
against the United States, the costs, which form a part of the
judgment as well as the damages, are properly payable from the

War Department appropriation made for the work. 236.
2. Under the act of August 1, 1888, providing for condemnation pro-

ceedings in the Federal courts, agreeably to the procedure in the
State court, the jurors and witnesses may be paid the usual fees
from the appropriations for expenses of United States courts,
unless by the practice in the State court special compensation is
payable for the services of the jury or witnesses, in which case
such compensation would be payable from the appropriation for

miscellaneous expenses of United States courts. 377.
See APPROPRIATIONS, No. 10.

COUNTERFEITING.

See APPROPRIATIONS, No. 13.
COURT OF CLAIMS.
When the copy of a judgment of the Court of Claims, required by

section 1089, Revised Statutes, has been lost or destroyed, pay.
jncnt may be made upon a properly anthenticated duplicate

thereof. 364.
COURT-MARTIAL.
A reporter employed by a court-martial is entitled to compensation

notwithstanding the court-martial was illegally convened, of

which fact he had no actual knowledge.' 505.
COURT AT CHAMBERS.

See DISTRICT ATTORNEYS, No. 6.
“COURT OF THE UNITED STATES.”

See DistriCT ATTORNEYS, No. 3.
CRIER.

See OFFICE AND OFFICER, No. 13.
CRIMINAL CHARGES.

See COMMISSIONERS.
CUMULATIVE APPROPRIATIONS.

See APPROPRIATions, No. 3; COAST AND GEODETIC SURVEY, Xos.

7, 10.
CUSTOMS SERVICE.
1. The appropriation for the expenses of local appraisers of customs

in attending their annual meetings is available for expenses of
deputy collectors or other officers who, under sections 2946 and

2950, Revised Statutes, are acting as appraisers. 289.
2. The act of June 22, 1874, anthorizing the Secretary of the Treasury

to reward persons detecting and seizing “goods, wares, or mer.
chandise ” in the act of being smuggleil, or which have been
smuggled, will not warrant the payment of a reward either from
the proceeds of the vessel when forfeited and sold, or otherwise,
to the persons detecting and seizing a vessel engaged in smag.

gling. 420.
3. Under the act of June 22, 1874, an informer is not entitled to com-

pensation for furnishing information concerning any fraud upon
the customs revenue, unless in addition to the loss of revenue
there was a fraudulent intent on the part of the importer and not

merely an undervaluation. 458.
4. There is no law authorizing the Secretary of the Treasury to refund

the proceeds of goods forfeited for an alleged violation of the
customs laws when the forfeiture is enforced by a proceeding
in court and not under sections 3074-3079 of the Revised Stat-

utes. 478.
5. Under section 4 of the act of June 22, 1874, the Secretary of the

Treasury may pay not exceeding $5,000 to a person furnishing

CUSTOMS SERVICE-Continued.

original information concerning a fraud upon the customs reve-
nue, although the goods seized are released upon payment of a

fine equal to and in lieu of the legal duties. 491.
6. The legal representatives of a person entitled to a reward as an

informer under section 4 of the act of June 22, 1874, and who
died before signing the claim, may present the application there-
for and be paid the amount allowed by the Secretary of the

'Treasury, 514.

See WITNESSES, No. 2.
DALECARLIA RECEIVING RESERVOIR.

See APPROPRIATIONS, No. 17.
DAMAGES.

See Contracts, No. 24; Costs IN STATE COURT, No. 1; Pro RATA

PAYMENT, No. 2; UNLIQUIDATED DAMAGES, Nos. 1, 2, 3.
DAY.

See COAST AND GEODETIC SURVEY, No. 6; CONTRACTS, No. 3;

MONTHLY SALARY.
DECEASED EMPLOYEE.
1. A disbursing officer of the Government is not authorized by law in

paying from the salary due a deceased employee the claims of

creditors against his estate. 226.
2. Except in cases specifically authorized by law it is no part of the

duty of the Government to pay the burial expenses of a deceased
employee; but where such burial is necessary for the health and
safety of other employees, the expense may be properly paid as

an incident to the service in which they are engaged. 347.
3. There is no authority for an officer of the United States to take

charge of the personal property of a deceased member of the
crew of a revenue cutter who dies when on shore, sell the same,

and apply the proceeds to the payment of funeral expenses. 585.

See Navy, No. 9.
"DE FACTO” COURT-MARTIAL.

See COURT-MARTIAL,
DE FACTO OFFICER.

See Bond, Nos. 1, 3; CONSULAR OFFICERS, Nos. 1, 2; INDIAN TER-

RITORY, Nos. 1, 5; OFFICE AND OFFICER, No. 3.
DEFAULTING CONTRACTOR.

See CONTRACTS, Nos. 18, 22, 23, 24.
DELIVERY AND ACCEPTANCE.

See CONTRACTS, Nos, 6, 7.
DEMURRAGE.
1. The accounting officers have jurisdiction to settle claims for com.

pensation in the nature of demurrage where there is no express
agreement, as weil as in cases of demurrage proper where the
liability arises ex contractu. 179.

DEMURRAGE-Continued.
2. In the absence of an express agreement to pay demurrage the

United States are liable therefor as upon an implied contract,
the amount to be ascertained in accordance with the custom of

the port where the liability arises. 179.

See CONTRACTS, No. 12.
DESERTER.

See COMMUTATION OF RATIONS, No. 1; MARINE CORPS, No. 7;

PACIFIC RAILROADS, No. 1.
DETACHED DUTY.

See MARINE CORPs, Nos. 4,5; MEDICAL ATTENDANCE, No. 3. NAVY,

Nos. 2, 13, 14.
DETAIL OF EMPLOYEES.

See COAST AND GEODETIC SURVEY, Nos. 1, 2, 3; OFFICE AND OFFI-

CER, No. 8.
DIPLOMATIC OFFICER.

See OFFICE AND OFFICER, Nos. 3, 6,9; RETIRED LIST.
DISABILITY.

See DISCHARGE, Nos. 3, 4; TRAVEL PAY, Nos. 3, 4.
DISBURSING AGENTS.

See PUBLIC BUILDINGS, No. 4; WORLD'S COLUMBIAN EXPOSITION,

No. 4.
DISCHARGE.
1. An enlisted man remains in the service until receipt of his discharge,

or until such action is taken as will render him legally charge-
able with notice thereof, notwithstanding the expiration of his
term of enlistment during his absence on a furlough granted at

his own request. 94.
2. A soldier who has obtained his discharge by purchase under the pro-

visions of section 4, act of June 16, 1890, is not entitled to recover

the money paid for said discharge in pursuance of law. 546.
3. The accounting officers have no authority to review the action of

the War Department refusing to discharge the soldier for dis-
ability and requiring him to purchase his discharge as a condi-

tion precedent to his release from the service. 546.
See MARINE CORPs, Nos. 7,8; MARSHALS, Nos. 16, 17, 20; NAVY, No. 3;

TRAVEL Pay, Nos. 1, 2, 3, 4, 5.
DISCRETION OF HEAD OF DEPARTMENT.
See APPROPRIATIONS, No. 16; COAST AND GEODETIC SURVEY, No. 9;

CONTINGENT EXPENSES, Nos. 1, 2; CONTRACTS, No. 16; DIS-
CHARGE, No. 3; INDIANS, No. 7; JURISDICTION OF ACCOUNTING
OFFICERS, No. 4; MEDICAL ATTENDANCE, No. 2; OFFICE AND

OFFICER, No. 8; POSTAL SERVICE, Nos. 2, 3, 4, 5; TELEGRAPHING.
DISTRICT ATTORNEYS.
1. A United States district attorney, for examination before commis-

sioners of persons charged with crime, is entitled to but one per

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