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INDEX OF DECISIONS AND APPENDIX.*

A.

Page.
Accounting Officers.
DISABILITIES OF — :
Cannot decide on the necessity of appointing special deputy marshals

or on that of the number appointed. Reasons, discussion of sub-
ject, and illustrations.....

184-188 Cannot revise the discretion given to other officers. Reason, and illustrations of rule.......

186-188 Will not generally take any final action on a claim presented to

them, on which suit is pending against the United States in the
Court of Claims. Reasons..

220, 225-227 DISCRETION OF — : The extent to which they are bound by decisions of Court of Claims, and discussion of subject....

237-246 DUTIES OF — : Discussion of

80 ESTOPPEL OF — : The judicial common-law doctrine of res adjudicata and the so-called

estoppel produced thereby, is a law for courts, and may be applied
by them as to suitors therein. But beyond this it has no effect,
except to estop accounting officers from denying the validity of a
judgment of a court of claims unappealed from and for the pay-
ment of which Congress has made an appropriation...

237 JURISDICTION OF —: Shall decide what persons, as attorneys or clients, shall receive drafts in settlement of a judgment of a commission..

1, 13, 18 PowerS OF — : Discussion of

80 Have the same authority to examine a refunding claim and pass on

its legal merits as the Commissioner of Internal Revenue... .150, note. In disallowing.a chief supervisor's claim for compensation, they are

not subject to review by a circuit or district court of the United
States, or any judge thereof.......

.84, 87, 88 May allow or disallow claims payable out of appropriations.....

80,81 Reserve right to make special orders concerning who should receive

drafts in payment of judgment certified to the Treasury Depart-
ment by a commission......

1, 13, 14

* Prepared by Frank E. Anderson, of the First Comptroller's Office. Proof read by Thomas Robinson and Frank E. Anderson.

Page.
Accounting Officers-Continued.
Powers Or-Continued.
They have always maintained their right to exercise and ac tupon

their own judgment in allowing or disallowing claims. Even the
head of an executive department canuot control their judgment
in matters in which the law requires them to exercise that judg-
ment. Illustrations....

241-243 (See Accounts; COMPTROLLERS; EXECUTIVE OFFICERS; OFFICERS;

SECOND COMPTROLLER.)
Accounts.
ALLOWANCE OF — :
Usage as to

104, 105 CERTIFYING -: Mode of charged in part by act Feb. 22, 1875 (18 Stat., 333), which,

to that extent, repeals Rev. Stat., sec. 846. How certified now.. 84,88 SALARY – (See VERIFICATION OF —, post.) SETTLEMENT OF —: Usual practice in cases such as that of the Central and South American Commissioners. Illustration..

257 VERIFICATION OF — : Fees for verification of salary accounts of permanent officers are not

by usage paid by the United States. But contra, as to affidavits
verifying bills for traveling expenses....

105 and note, 106 Posmasters, post-office inspectors, and other agents of the Department

must verify salary and expense accounts at their own expense.. 107, note. (See CENTRAL AND SOUTH AMERICAN COMMISSIONERS, subtitle, Expenses

of—, and see titles referring to particular officers, for accounts in which
they are concerned. [e.g., CHIEF SUPERVISORS OF ELECTIONS, sub-

title, accounts of -. ])
Act.
CONSTITUTIONAL LIMITATION ON—:
The right to interest according to the terms of a contract, express or

implied, is a vested right, which, under the Constitution, cannot
be divested by a legislative act. But the act may change the
rate of interest prescribed by a pre-existing statute on causes of
action in tort given by statute, even though an action be pending
thereon. General discussion

. 137, 142-146 Sept. 2, 1789, i Stat., 66, sec. 3, duties of the Comptroller... 83, note. Sept. 24, 1789, i Stat., 92, sec. 35, parties may manage their own

cases; United States attorney, his
duties and compensation; Attorney-
General of United States, his duties
and compensation

37, 47 Jan. 31, 1823, 3 Stat., 723, sec. 2, officers or agents of the United States to account quarter-yearly

251 July 5, 1838, 5 Stat., 258, sec. 16, enlistments and pay..

76 Feb. 11, 1846, 9 Stat., 3, sec. 1, officers of the customs not allowed

more than pro rata compensation for
the time they may serve.......

250 May 13, 1846, 9 Stat., 11, increase or reduction of number of privates in regiments .....

76 Feb. 26, 1853, 10 Stat., 161, fees and costs allowed clerks, marshals, and attorneys....

55 Feb. 26, 1853, 10 Stat., 162, same as above

.42, 55, 60, 62, 64 Feb. 26, 1893, 10 Stat., 166, sec. 3, same as abuve..

46

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Page.
Act-Continued.
Aug. 16, 1856, 11 Stat., 50, sec. 12, accounts for services when United

States are parties in interest merely

or when officers are ened, payment of. 42 March 2, 1861, 12 Stat., 218, suppression of slave trade ....

72 July 1, 1862, 12 Stat., 439, sec. 19, duties; collector to give notice that

they are due; 10 per cent. additional
for non-payment; collector to make
demand, and, on non-payment, to dis-
train and sell. Officer's duty in cases
of distraint. Return of goods, when.
Sale. Expenses and charges. What
exempt from distraint...

108 July 1, 1862, 12 Stat., 473, 474, income duty...

217 March 3, 1863, 12 Stat., 736, sec. 35, details to special service, how made ...

75 March 3, 1863, 12 Stat., 741, soc. 11, district attorneys to have 2 per

cent, upon collections under revenue
laws, in full for costs and fees......

46 March 12, 1863, 12 Stat., 820, captured and abandoned property.. 36, 37, 40, 42,

52, note. June 30, 1864, 13 Stat., 240, sec. 46, proceedings in States where laws cannot now be executed....

217 June 30, 1864, 13 Stat., 312, sec. 19, marshals and clerks not to retain

more than maximum compensation.. 46 July 2, 1864, 13 Stat., 375, captured and abandoned property.. 36, 37, 40, 42,

52, nofe. March 3, 1865, 13 Stat., 469, internal revenue

108 July 24, 1866, 14 Stat., 221, soc. 2, aid in construction of telegraph lines and Government use of them...

112 July 28, 1866, 14 Stat., 329, sec. 8, the protection given to revenue

officers extends to persons acting by
direction of the Executive under the
laws for the collection of abandoned
property, &c......

37,3%, 40, 43, 44, 48 May 31, 1870, 16 Stat., 140, elective franchise law

167, 175 May 31, 1870, 16 Stat., 142, secs. 8, 9, 10, elective franchise law;

jurisdiction under-, Number of com-
missioners. Marshals and deputies.

Powers and duties of these officers... 165, 166
May 31, 1870, 16 Stat., 145, elective franchise law .....

167 June 22, 1870, 16 Stat., 162, sec. 5, Department of Justice; cases in the

urt of Claims and Supreme Court. 63 June 22, 1870, 16 Stat., 164, sec. 15, Department of Justice ; supervis

ory powers over accounts of a strict
attorneys, &c., to be exercised by At-
torney-General

46
June 28, 1870, 16 Stat., 168, certain holidays established in the District
of Columbia....

129 July 12, 1870, 16 Stat., 251, sec. 2, unexpended balances of specific ap

propriations for any year, how applied,
&c.....

32
May 31, 1870, 16 Stat., 254, naturalization laws amnended; punishment
of crimes against the same

170

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Page.
Act-Continued.
July 14, 1870, 16 Stat., 255, secs. 5, 6, election laws; afterwards re-

pealed by, act Feb. 28, 1871 (16 Stat.,
440, sec. 18).

167 Feb. 28, 1871, 16 Stat., 433, elective franchise law amended.. 167, 170, 171,175,

177 Feb. 28, 1871, 16 Stat., 434, sec. 2, elective franchise law. Supervisors of elections.

175, 177, 181 Feb. 28, 1871, 16 Stat., 435, sec. 7, elective franchise law. If the su

pervisors are molested, what they
must do

181 Feb. 28, 1871, 16 Stat., 436, sec. 8, elective franchise law. Marshal

and special deputies. Duties.....177, 178, 181 Feb. 28, 1871, 16 Stat., 440, sec. 18, elective franchise law. Repeal of

certain sections of previous laws.... 167 June 10, 1872. 17 Stat., 347, appropriations for sundry civil expenses of the Government...

167 June 10, 1872, 17 Stat., 348, appropriations for sundry civil expenses of

the Government. Judiciary... 167, 168, 170, 177 June 10, 1872, 17 Stat., 349, same as the above....

171, 179 Apr. 3, 1874, 18 Stat., 25, appropriations for fortifications and other works of defense...

30 June 20, 1874, 18 Stat., 101, appropriations for legislative, executive, and judicial expenses.

65, 78 June 20, 1874, 18 Stat., 109, sec. 3, appropriations for legislative, ex

ecutive, and judicial expenses. Extra
compensation restricted, except as to
district attorneys, when.. 36, 42, 55, 56, 57, 58,

60, 61, 62, 63, 64, 71 June 20, 1874, 18 Stat., 110, sec. 5, appropriations for legislative, ex

ecutive, and judicial expenses. Unes-
pended balances, what done with..27, 28, and

note, 29, 30, 31, 32, 33, 34, 135 June 22, 1874, 18 Stat., 199, commission of engineers for Mississippi River basin....

251 June 23, 1874, 18 Stat., 204, appropriations for sundry civil expenses of the Government ....

30 June 23, 1874, 18 Stat., 231, appropriations for Post-Office Department. 31 June 23, 1874, 18 Stat., 237, appropriations for public works on rivers and harbors.....

29 June 23, 1874, 18 Stat., 245, Court of Alabama Claims June 23, 1874, 18 Stat., 246, sec. 4, Court of Alabama Claims. Pay of

judges, clerk, short-hand reporter, and
office expenses

71 June 23, 1874, 18 Stat., 249, sec. 18, court of Alabama Claims. Reg. ulation of counsel fees......

18 June 23, 1874, 18 Stat., 275, authorizing the Secretary of the Treasury

to suspend work on the public build-
ings

31, 34 Feb. 10, 1875, 18 Stat., 313, appropriations for fortitications and other defenses

30 Feb. 22, 1875, 18 Stat., 333, fees, costs, &c., regulated..... 22, 25, 42, 84, 58, 89,

102, 104, 157, 160, 173, 187 March 3, 1875, 18 Stat., 371, appropriations for sundry civil expenses..

30

Page.
Act-Continued.
March 3, 1875, 18 Stat., 401, sec. 8, appropriations for sundry civil ex-

penses. Actions against officers of
Congress..

40 March 3, 1875, 18 Stat., 456, appropriations for public works on rivers and harbors....

29 March 3, 1875, 18 Stat., 481, "the set-off act”. 83, 137, 146, 147, 148, 234 Aug. 2, 1876, 19 Stat., 123, completion of Washington Monument....

130 Aug. 15, 1876, 19 Stat., 169, sec. 6, appropriations for legislativo, ex

ecutive, and judicial expenses. Pro-
hibition of requests for contributions
for political purposes...

76 Dec. 14, 1877, 20 Stat., 7, settlement of accounts of the United States

attorney for District of Columbia..... 46 Feb. 28, 1878, 20 Stat., 25, sec. 2, silver-dollar coinage; international conference

252 May 17, 1878, 20 Stat., 62, sec. 2, subletting mail-lettings without consent, &o....

271 June 14, 1878, 20 Stat., 130, sec. 4, appropriations for deficiencies. Ro

port of balances carried to sinking
fund abolished. Accounts to be ex-
amined and settled ......

81 June 19, 1878, 20 Stat., 167, general account of advances for naval appropriations ...

34 Jan. 31, 1879, 20 Stat., 277, holidays in the District of Columbia. (Rev. Stat., D. C., sec. 993, amended)

129 June 27, 1879, 21 Stat., 54, Washington Monument; completion of foundation....

130 May 14, 1880, 21 Stat., 133, appropriations for the consular and dip. lomatic service....

252 June 15, 1880, 21 Stat., 228, appropriations for legislative, executive,

and judicial expenses. In the office
of Chief of Engineers....

68 June 16, 1880, 21 Stat., 260, appropriations for sundry civil expenses.

Fire-proof building, Washington. 67, 69 March 3, 1881, 21 Stat., 455, appropriations for sundry civil expenses. Monetary commission ....

252 Dec. 20, 1881, 22 Stat., 1, legal holidays in District of Columbia.

(Rev. Stat., D. C., sec. 993, amended). 130 May 19, 1882, 22 Stat., 93, appropriations for fortifications and other works of defense......

30 June 5, 1882, 22 Stat., 98, Court of Commissioners of Alabama Claims; re-establishment of

2, 14 Aug. 5, 1882, 22 Stat., 267, appropriations for deficiencies, &c. De

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ductions of expenses of sale of Osage
Indian lands...

213, 214 Aug. 5, 1882, 22 Stat., 284, appropriations for the naval service ....

135
Aug. 5, 1882, 22 Stat., 287, appropriations for naval service. Pay of
officers, &c .....

132, 134
Aug. 7, 1882, 22 Stat., 302, appropriations for sundry civil expenses. 253
Aug. 7, 1882, 22 Stat., 336, appropriations for sundry civil expenses.
Fees of commissioners ....

84,90 Aug. 7, 1882, 22 Stat., 339, appropriations for sundry civil expenses.

Commission to negotiate commercial
treaty with Mexico

253 6 LAWR- -22

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