LIGHT-HOUSE ESTABLISHMENT-Continued.
2. The Light-House Board is the head of the Light-House Establish-
ment, and the written order of the Board for the purchase of
articles from the contingent fund is the order of the head of the
Department within the meaning of section 3683, Revised Stat-
utes. 436.
3. The appropriation for repairs, etc., of light-houses, and incidental
expenses connected therewith, is not a contingent fund within
the meaning of section 3683, Revised Statutes. (2 Comp. Dec.,
42.) 436.
4. The act of April 13, 1896, authorizes the Light-House Board to erect
the light-house and fog signal at North Manitou Island, notwith-
standing title to the site has not yet been vested in the United
States as required by section 355, Revised Statutes. 626.
See CONTRACTS, No. 21; PUBLIC BUILDINGS, No. 4.
LIMIT OF EXPENSES.
See POSTAL SERVICE, No. 4.
See MARINE CORPS, No. 5; SUBSISTENCE, No. 1.
LOSS OF PRIVATE PROPERTY.
LOST PROPERTY.
See UNLIQUIDATED DAMAGES, No. 2.
1. Section 3480 of the Revised Statutes does not prohibit the payment
of claims accruing since April 13, 1861. When Congress has spe-
cifically appropriated money for the payment of such a claim in
favor of persons living in the States in rebellion, payment therof
may be made, as the case of Chesapeake and Ohio Railroad Com-
pany v. United States (20 C. Cls. R., 49) does not apply. 84.
2. The prohibition found in section 3480, Revised Statutes, against
the payment of certain claims, affects not only the disloyal per-
sons on whose account the claims arise, but also the heirs and
all other persons seeking the payment of such claims, since the
prohibition is directed against the claims without regard to the
persons presenting the same.
MAINTENANCE.
See APPROPRIATIONS, No. 12.
MANUAL FOR ARMY COOKS.
See PRINTING AND BINDING.
1. The expenses of an officer of the Marine Corps in charge of Navy
prisoners are properly payable from the Navy appropriations.
128.
2. Enlisted men of the Marine Corps detailed for extra duty as clerks
at the headquarters of the Corps are entitled to extra pay at 50
cents per day, that being the amount fixed by law for enlisted
men of the Army on extra duty as clerks at Army, division, and
department headquarters. 141.
3. A sergeant in the Marine Corps performing special clerical duty at
the headquarters of the Corps is not a clerk within the meaning
of the clause" for expenses of clerks of the United States Marine
Corps traveling under orders," contained in the act of July 26,
1894, making appropriation for the naval service; neither does he
come within the class of persons entitled to sleeping-car berths
under paragraph 1212 of the Army Regulations. 143.
4. An enlisted man in the Marine Corps, detached, can not be allowed
reimbursement for meals while traveling under orders, as he
comes within the provisions of paragraph 1424 of the Army Reg-
nlations providing for his subsistence in such case. 143.
5. In the absence of regulations providing for lodging for an enlisted
man in the Marine Corps while traveling on detached duty, he is
entitled only to his actual necessary expenses therefor. 143.
6. There is no provision of law authorizing the hire of quarters for
enlisted men of the Marine Corps, excepting certain men spe-
cially named in the annual appropriation acts, and the renting
of quarters for other men prior to an appropriation therefor by
Congress is prohibited by the act of June 22, 1874. 175.
7. An enlisted man of the Marine Corps who deserts thereby forfeits
his retained pay (secs. 1281 and 1282, Rev. Stat.), for he has not
served "honestly and faithfully," notwithstanding he surrenders
himself and makes good the time lost by desertion and is given
an honorable discharge. 227.
8. An enlisted man of the Marine Corps discharged by order of the
Secretary of the Navy for bad conduct and with forfeiture of
retained pay (sec. 1 of the act of June 16, 1890; secs. 1281 and
1282, Rev. Stat.; par. 1503, Army Regulations) is precluded by
such order from receiving retained pay. 230.
9. The act of June 20, 1864, fixing the pay of leaders of Army bands at
$75 per month, placed them upon the same footing as other enlisted
men of the Army as to allowances and bounty, and brought them
within the provisions of the act of August 4, 1854, giving addi-
tional pay to soldiers reenlisting in the Army. 553.
10. This claimant, an enlisted man of the Marine Corps, was leader of
the Marine Band from August 4, 1864, to December 3, 1871, when
he was discharged, having served continuously since August 11,
1842. Held, That the position of leader of the Marine Band being
assimilated to the grade of band leaders in the Army (sec. 1612,
Rev. Stat.), the claimant comes within the provisions of the acts
of June 20, 1854, August 4, 1854, and and while such band leader
he was entitled to the same pay and bounty for reenlisting, includ-
ing additional pay for reenlistment, as were leaders of bands in
the infantry of the Army. 553.
See DISCHARGE, No. 1; JURISDICTION OF ACCOUNTING OFFICERS,
No. 10.
MARINE-HOSPITAL SERVICE.
See OFFICE AND OFFICER, No. 7; PUBLIC BUILDINGS, No. 2.
MARINE INSURANCE.
See CONTRACT, No. 10.
1. Although witnesses attending before United States commissioners
may not be entitled to the 15 cent a mile provided by the act
of August 3, 1892, yet when such mileage has been paid by the
marshal upon the order of the commissioner, such payments, if
erroneous, must be allowed to the marshal in the settlement of
his account. (Sec. 846, Rev. Stat.) 66.
2. When, in order to properly serve a writ, the marshal is obliged to
make a copy, he is entitled to the fee of 10 cents a folio provided
by section 829, Revised Statutes. 296.
3. As a marshal is not entitled to mileage under section 829 for travel
from the place where court is held to his home, he is not entitled
to mileage for so much of the travel made by him in going from
one point where court is held to attend a session of court at an-
other point as he would have made in returning to his home. 320.
4. While it is the duty of a marshal to call the attention of the court
to an error in calculating the mileage of a juror, yet if he has not
seen the error he can not, under section 846, Revised Statutes, be
charged with the excessive mileage paid by him on the taxation
of the court. 352.
5. Under the act of August 18, 1894, requiring a marshal to take his
prisoners before the circuit court commissioner nearest to the
place of arrest, the question as to which of two or more officers
is the nearest within the meaning of the act is one of fact for
determination in each particular case. 354.
6. The "nearest commissioner," within the meaning of the act of
August 18, 1894, is not necessarily the one who is nearest by geo-
metrical measurement, but may be one who is nearest by the most
practical and usually traveled route. 354.
7. When a marshal claims mileage for taking a prisoner before a com-
missioner who is not the nearest in a straight line from the place
of arrest, the burden is upon him to show that such officer was
the nearest within the meaning of the act of August 18, 1894. 354.
8. A marshal is not entitled to fees for serving a commissioner's war-
rant when the offense charged therein is an alleged violation of
statutes which had been repealed by Congress prior to the issu-
ing of the warrant. 422.
9. A deputy marshal who represents the marshal in court and earns for
him the per diem fee of $5 can not be allowed payment for serv-
ices as a bailiff at the same time. 438.
10. A marshal arresting a prisoner under the Chinese exclusion act is
not entitled to mileage for transporting him to the commissioner
who issued the warrant when there was at the place of arrest an
officer authorized by section 13 of the exclusion act to hear the
cause, the travel not being necessarily performed within the mean-
ing of the act of February 22, 1875. 457.
11. A marshal is not entitled to receive two per diems upon the same
day for his attendance upon the circuit and district courts, unless
the courts are held under such circumstances as require the serv-
ices of two different officers at the same time within the principle
of the decision in United States v. King (147 U. S., 676). 461.
12. A marshal is entitled to a per diem for each day he actually attends,
in person or by deputy, upon the circuit court of appeals, regard-
less of the per diems earned upon the same days for attendance
upon the circuit and district courts. 461.
13. For attendance upon the police court of the District of Columbia
the United States marshal is not entitled to the per diem fee
allowed under section 829, Revised Statutes, for attendance upon
a circuit or district court of the United States.
14. For his attendance upon the circuit court of appeals, the circuit
court, or the district court, a bailiff is not entitled to the per
diem provided in section 715, Revised Statutes, if upon the same
day he attends upon one or more of said courts as the representa-
tive of the marshal and earns for the latter the per diem of $5
allowed by section 829, Revised Statutes. 530.
15. Comptroller's decision of December 29, 1894 (1 Comp. Dec., 135), in
re number of bailiffs authorized for each court under section 715,
Revised Statutes, reviewed and affirmed. 530.
16. A defendant who gives bond for his appearance for a hearing before
a commissioner, with condition that he shall not depart without
leave, does not, when he appears at the hearing and is dismissed
by the commissioner, come again into the custody of the marshal
so as to entitle that officer to a fee for discharging him. 550.
17. A defendant who gives bond for his appearance for a hearing before
a commissioner does come again into the custody of the marshal
upon being held for court, and that officer is entitled to the fee
for discharging him upon bail. 550.
18. Section 2153 of the Revised Statutes, providing for the employment
of possemen to assist the marshal in executing process in the
Indian country, has no application to sections of the country the
Indian title to which has been extinguished. 581.
19. When a marshal, acting under section 2153, Revised Statutes, em-
ploys possemen for service in the Indian country, he is entitled
to be reimbursed for per diems paid to them, although upon going
with the posse into the Indian country he finds the person for
whom he has a warrant has left, and the arrest is therefore made
without the limits of the Indian country. 581.
20. A defendant who has given bond before a commissioner for appear-
ance at court, with condition that he shall abide the order of
the court, does not, when acquitted, come again into the custody
of the marshal so as to entitle that officer to a fee for discharging
him. 603.
21. A marshal is entitled to credit in his emolument account for pay-
ments to a deputy at the maximum rate allowed by law and
approved by the Attorney-General; and such maximum is to be
calculated from the time when the deputy took the oath of office
after appointment. 617.
22. When a marshal having custody of a prisoner lodges him with a
jailer or other person without a mittimus or other warrant of
commitment he is not entitled to a fee as for a commitment. 655.
See CLERKS, UNITED STATES COURTS, No. 9; COMMISSIONERS, No. 21;
CONSULAR OFFICERS, No. 3; INDIAN TERRITORY, Nos. 3, 6; OFFICE
and Officer, No. 13; PRISONERS, Nos. 2, 3.
1. A private physician employed at a military post in the absence of
the post-surgeon is entitled, under the regulations, to payment
for attendance at the daily sick call, although there may not be
patients requiring his attention at each call. 238.
2. The determination of the Secretary of the Navy that expenses of
an officer of the Navy for medicines and medical attendance are
incurred under circumstances entitling him to reimbursement
(sec. 1586, Rev. Stat.) is conclusive. 241.
3. An officer of the Navy formally detached from duty in order that he
may receive medical treatment at a hospital is entitled only to
waiting orders pay. 501.
See MILEAGE, No. 5; NAVY, Nos. 3, 7.
1. The mileage of Navy officers is properly payable from the appropri-
ation for the fiscal year in which the major portion of the travel,
when such travel covers portions of two fiscal years, is made. 14.
2. Officers of the Navy on the retired list traveling under orders are
entitled to the same allowance for mileage as officers on the active
list. 139.
3. An officer of the Navy is entitled to mileage when traveling in the
United States by the route which he is required to travel in com-
pliance with his orders. 431.
4. The mileage of an officer of the Army is to be computed by the
shortest usually traveled route regardless of the number of miles
actually traveled, unless the orders under which he travels or the
necessities of the service (and not the mere convenience of the
officer) require the use of a route longer than that usually trav-
eled.
5. An officer of the Navy, who was, in 1866, on the report of a medical
board of survey, sent from Hongkong to the United States for
hospital treatment for a disease not contracted in the line of duty,
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