office. 81. s. 6, v. 10, p. Sec. 5502, R.S. 511. Every member, officer, or person, convicted under Forfeiture of the provisions of the two preceding sections, who holds any Feb. 26, 1853, c. place of profit or trust, shall forfeit his office or place; and ii. shall thereafter be forever disqualified from holding any office of honor, trust, or profit under the United States.1 512. Every officer of the Government who knowingly officer con contracts for the erection, repair, or furnishing of any public specific appropri building, or for any public improvement, to pay a larger "July 25, 1868, c. amount than the specific sum appropriated for such pur-23 pose, shall be punished by imprisonment not less than six Sec. 5503, R.S. months nor more than two years, and shall pay a fine of two thousand dollars. (See sec. 3733, R. S.) COUNTERFEIT MONEY. tracting beyond ation. 233, s. 3, v. 15, p. notes to be stamped "counterfeit." 1876, v. 19, p. 64. as 513. That all United States officers charged with the Fraudulent receipt or disbursement of public moneys, and all officers of national banks, shall stamp or write in plain letters the Sec. 5, June 30, word "counterfeit," "altered," or "worthless," upon all fraudulent notes issued in the form of, and intended to circulate as money, which shall be presented at their places of business; and if such officers shall wrongfully stamp any genuine note of the United States, or of the national banks, they shall, upon presentation, redeem such notes at the face value thereof. Sec. 5, act of June 30, 1876 (19 Stat. L., 64). Par. LOST CHECKS-DUPLICATE CHECKS.-BONDS. Par. 514. Check lost, stolen, or de- 515. Examination and renewal of Check lost, stolen, or de United stroyed may be months, not for sum exduplicated, but Feb. 16, 1885, v. ceeding $2,500. Sec. 3646, R.S. 514. Whenever any original check is lost, stolen, or destroyed, disbursing officers and agents of the States are authorized, after the expiration of six and within three years from the date of such check, to issue a duplicate check; and the Treasurer, assistant treas. 23, p. 306. urers, and designated depositaries of the United States are directed to pay such duplicate checks, upon notice and proof of the loss of the original checks, under such regulations in regard to their issue and payment, and upon the execution of such bonds, with sureties, to indemnify the United States, as the Secretary of the Treasury shall prescribe. This section shall not apply to any check exceeding in amount the sum of twenty-five hundred dollars.2 Act of February 16, 1895 (23 Stat. L., 306). 1Section 5500, above referred to, but here omitted, relates to the offense of bribery when committed by a judge of a court of the United States. The following paragraph of the Army Regulations of 1895 prescribes a method of procedure in the case of a check which has been lost or destroyed: When an original check of a disbursing oflicer, not exceeding $2,500 in amount, Duplicate check when issuing offi Feb. 7, 1872, c. In case the disbursing officer or agent by whom such cer is dead. lost, destroyed, or stolen original check was issued is dead, 12. s. 2, v. 17, p. 29. or no longer in the service of the United States, it shall Sec. 3647, R.S. be the duty of the proper accounting officer, under such regulations as the Secretary of the Treasury shall prescribe, to state an account in favor of the owner of such original check for the amount thereof, and to charge such amount to the account of such officer or agent.1 Examination and renewal of bonds. Sec. 5, Mar. 2, EXAMINATION AND RENEWAL OF BONDS. 515. Hereafter every officer required by law to take and approve official bonds shall cause the same to be examined 1895, v. 28, p. 807. at least once every two years for the purpose of ascertaining the sufficiency of the sureties thereon; and every officer having power to fix the amount of an official bond shall examine it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years and as much oftener as he may deem it necessary. Hereafter every officer whose duty it is to take and approve official bonds shall cause all such bonds to be renewed every four years after their dates, but he may require such bonds to be renewed or strengthened oftener if he deem such action necessary. In the discretion of such officer the requirement of a new bond may be waived for the period of service of a bonded officer after the expiration of a four-year term of service pending the appointment and qualification of his successor: Provided, That the nonperformance of any requirement of this section on the part of any official of the Government shall not be held to affect in any respect the liability of principal or sureties on any bond made or to be made to the United States: Provided further, That the liability of the principal and sureties on all official bonds shall continue and cover the period of service ensuing until the appointment and qualification of the successor of the principal: And provided further, That nothing in this section shall be construed to repeal or modify section thirty-eight hundred and thirty-six of the Revised Statutes of the United States. Sec. 5, act of March 2, 1895 (28 Stat. L., 807). has been lost or destroyed, a duplicate check may be issued by him, after six months and within three years of the date of the original, upon the owner filing with him the notice and proof of loss and the indemnity bond required by sections 3646 and 3647, Revised Statutes, and act of February 16, 1885. In case the disbursing officer who issued the original check is no longer in the service, the notice and proof of loss, and the indemnity bond will be sent to the Secretary of the Treasury prior to the issue of a duplicate check. The proper accounting officer of the Treasury will state an account in favor of the owner of said check and charge the amount thereof to the account of such officer. Instructions for the execution and use of the affidavit and bond, and the issue of the duplicate check, accompany the blank form furnished by the Treasury Department.' (Par. 599, A. R., 1890.) For provisions of law respecting outstanding checks and accounts of disbursing officers which have remained unchanged for three years see paragraphs 219, 220, and 221, ante. CHAPTER XIV. Par. THE ADJUTANT-GENERAL'S DEPARTMENT. Par. 516. The Adjutant-General's De- 518. To act as assistant inspectors 517. Vacancies to be filled from 519. Monthly returns. the line. General's De partment; comFeb. 28, 1887, v. 1894, v. 28. p. 234 position. .24, p. 434; Aug. 6, May 18, 1898, v.30. Sec. 1128, B. S. 516. That the Adjutant-General's Department of the The AdjutantArmy shall consist of one Adjutant-General, with the rank, pay, and emoluments of brigadier-general; five assistant adjutants-general, with the rank, pay, and emoluments of colonel; six assistant adjutants-general, with the rank, pay, and emoluments of lieutenant-colonel; and five assistant adjutants general, with the rank, pay, and emoluments of major: Provided, That the vacancies in the grade of colonel and lieutenant-colonel created by this act shall be filled by the promotion by seniority of the officers now in the Adjutant-General's Department.' Acts of February 28, 1887 (24 Stat. L., 421), August 6, 1891 (28 Stat. L., 231), and May 18, 1898. The organization of this Department as fixed in section 1128, Revised Statutes, has been modified by the acts of February 28, 1887 (24 Stat. L., 434), and August 6. 1894 (28 Stat. L., 234). The last-named statute contains the provision that there shall be no appointment of assistant adjutant general with the rank of major until the number of such officers in that grade shall be reduced below four, and thereafter the number of such officers in that grade shall be fixed at four." The act of May 18, 1898, authorized the appointment of one colonel and one major in addition to the existing strength; the vacancy in the grade of colonel to be filled by promotion according to seniority, and that of major by selection, in accordance with existing law. The act of May 18, 1898, also contained the requirement that upon the mus tering out of the volunteer forces and the reduction of the Regular Army to a peace basis no appointments shall be made in the Adjutant General's Department until the number of officers in each grade in that Department shall be reduced to the number authorized by the law in force prior to the passage of this act." For gen eral provisions respecting appointments and promotions in this Department. see the chapter entitled THE STAFF DEPARTMENTS. The Adjutant-General's Department is the bureau of orders and records of the Army. Orders and instructions emanating from the War Department or Army Headquarters and all general regulations are communicated to troops and individuals in the military service through the Adjutant-General. His office is the repository for the records of the War Department which relate to the personnel of the perma nent military establishment and militia in the service of the United States, to the military history of every commissioned officer and soldier thereof, and to the move ments and operation of troops. The records of all appointments, promotions, resignations, deaths, and other cas ualties in the Army, the preparation and distribution of commissions, and the compilation and issue of the Army Register and of information concerning exami. uations for appointment and promotion pertain to the Adjutant-General's Office. The Adjutant-General is charged, under the direction of the Secretary of War, Vacancies filled from the line. 517. All vacancies in the grade of major, in the AdjutantJuly 17, 1862, c. General's Department, shall, when filled, be filled by selec597: Mar. 3, 1869, tions from the next lowest grade in the line of the Army. 200. 8. 22, v. 12, p. c. 124, s. 6, v. 15, p. 318; Apr. 10, 1869, res. 11, v. 16, p. 53; Aug. 6, 1894. v. 28, p. 234. Sec. 1129, R. S. To act as as sistant inspect- 518. Assistant adjutants-general shall, in addition to their own duties, perform those of assistant inspectors-general, 162, s. 7. v. 5, p. when the convenience of the service requires them to do so. 257: June 18,1846, c. 29, s. 6, v. 9, p. 18; Mar. 3, 1847, c. 61, s. 2, v. 9, p. 184; July 19, 1848, c. 104, s. 3, v. 9, p. 247; Mar. 2, 1849, c. 83, s. 4, v. 9, p. 351. Sec. 1130, R. S. RETURNS OF TROOPS. 519. Every officer commanding a regiment, an independent troop, battery, or company, or a garrison, shall, in the beginning of every month, transmit through the proper channels, to the Department of War, an exact return of the same, specifying the names of the officers then absent from their posts, with the reasons for and the time of their absence. And any officer who, through neglect or design, omits to send such returns, shall, on conviction thereof, be punished as a court-martial may direct.1 Seventh article of war. with the management of the recruiting service, the collection and classification of military information in regard to our own and foreign countries, the preparation of instructions to officers detailed to visit encampments of militia, and the digesting, arranging, and preserving of their reports; also the preparation of the annual returns of the militia required by law to be submitted to Congress. Requests for military information which require action on the part of any military attaché of the United States will be made to the Adjutant-General of the Army. (Par. 748, A. K., 1895.) In the Adjutant-General's Office the names of all enlisted soldiers are enrolled, enlistments and descriptive lists filed, deaths, discharges, desertions, etc., recorded, the general returns of the Army consolidated, returns of regiments and posts and all muster rolls, and the inventories of effects of deceased officers and soldiers preserved. (Par. 749, ibid.) For other duties pertaining to this Department, see paragraphs 750-788 and 804-806, A. R. of 1895. Commanders of departments, corps, and posts will make to the Adjutant-General's Office, in Washington, monthly returns of their respective commands on forms furnished by the Adjutant-General of the Army, and in accordance with the directions printed thereon. In like manner company commanders will make monthly returns of their companies to regimental headquarters. (Par. 789, A. R., 1895.) For instructions relating to the preparation of monthly returns see paragraphs 789-798, Army Regulations, 1895. eral's Depart Feb. 5, 1885, v. Sec. 1131, R. S. 520. That the Inspector-General's Department of the Inspector-GenArmy shall hereafter consist of one Inspector-General, with ment. the rank, pay, and emoluments of brigadier-general; three 23, p. 297; July 7, inspectors-general, with the rank, pay, and emoluments of 1898. v. 30. colonel; three inspectors-general, with the rank, pay, and emoluments of lieutenant-colonel; and three inspectors-general, with the rank, pay, and emoluments of major: Provided, That the offices restored to the Inspector-General's Department, or added thereto, by this act, shall be filled by promotion of the officers now in that department; and that thereafter appointments to fill vacancies in the Inspector-General's Department, and promotions therein, shall be made in conformity with sections eleven hundred and twenty-nine, eleven hundred and ninety-three, and twelve hundred and four of the Revised Statutes of the 1 The rank of brigadier-general was conferred upon the senior Inspector-General by the act of December 12, 1878 (20 Stat. L., 257). Vacancies in this department are filled by selection from the next lowest grade in the line of the Army. The organization prescribed for this department in section 1131, Revised Statutes, as modified by the act of June 23, 1874, (18 Stat. L.. 244), was replaced by the act of February 5, 1885, above cited. Act of August 6, 1894 (28 Stat. L., 234). The act of June 23, 1874 (18 Stat. L., 244), contained a provision authorizing the Secretary of War to "detail officers of the line, not to exceed four, to act as assistant inspectors-general: Provided, That officers of the line detailed as acting inspectors-general shall have all the allowances of cavalry officers of their respective grades. For general provisions respecting appointments and promotions in this department see the chapter entitled THE STAFF DEPARTMENTS. The duties of inspectors-general are defined in the following paragraphs of the Army Regulations of 1895 (see, also, G. O. 80 and 91, A. G. O. of 1898): Officers of the Inspector-General's Department will inspect once in each year all military commands, garrisoned posts, and camps, and once in two years such ungar risoned posts and national cemeteries as can be visited without departing materially from the routes of other prescribed inspections. (Par. 867, A. R., 1895.) Inspections of the Military Academy will be made only under specific instructions given in each case by the Secretary of War, and inspections of the service schools, in so far as they are distinct from posts, under similar instructions given by the Secretary of War or the Commanding General of the Army. (Par. 869, ibid.) The military department of civil institutions of learning at which officers of the Army are detailed will be inspected annually, near the close of the college year, under specific instructions. The inspecting officer, upon his arrival at the institution, will apply to the president or the administrative officer thereof for such aid or facilities as he may require. His report will be sent to the Inspector General of the Army, then to the Adjutant-General of the Army for note and return, and a copy furnished the president of the institution by the War Department. (Par. 870. ibid.)" The sphere of inquiry of the Inspector-General's Department includes every branch of military affairs except when specially limited in these regulations or in orders. Inspectors-general and acting inspectors-general will exercise a comprehensive and general observation within their respective districts over all that pertains to the efficiency of the Army, the condition and state of supplies of all kinds, of arms and equipments, of the expenditure of public property and moneys, and the condition of accounts of all disbursing officers of every branch of the service; of |