The "legal representatives" of deceased persons are generally their execu tors or their administrators, but may mean their heirs or next of kin.-Op. III, 29; VII, 60; XIV, 515; C. C., IV, 456; Wallace, XIII, 351. " To insert "marines and to construe orphans to mean father or mother or brother or sister, would be legislation, not interpretation.-Op. VIII, 28, Aug. 8, 1856, Cushing, on the construction of relief acts. Where money is due to the heirs of a deceased person and there is a dispute as to the legal descent, the latter question should be decided by the court rather than by the executive officers.-Op. V, 670, Jan. 28, 1853. Allowance for of lost vessel. SEC. 290. In case any officer of the Navy or Marine Corps on board a vessel in the employ of the United States which, by any casualty, or in effects of officer action with the enemy, at any time since the nineteenth day of April, eighteen hundred and sixty-one, bas been or may be sunk or destroyed, shall thereby have lost his personal effects, without negligence or want of skill or foresight on his part, the proper accounting officers are authorized, with the approval of the Secretary of the Navy, to allow to such officer a sum not exceeding the amount of his sea-pay for one month as compensation for such loss. But the accounting officers shall in all cases require a schedule and certificate from the officer making the claim for effects so lost. 6 April, 1866, s. 1, v. 14, p. 14. [For continuation of pay to officers and crews of lost vessels, see §§ 1574 and 1575, Part I, page 69.] Title 45. No advertise SEC. 3828. No advertisement, notice, or proposal for any Executive Department of the Government, or for any Bureau thereof, or for any office therewith connected, shall be published in any newspaper what- ment without au ever, except in pursuance of a written authority for such publication thority. from the head of such Department; and no bill for any such advertising, or publication, shall be paid, unless there be presented, with such bill, a copy of such written authority. 15 July, 1870, s. 2, v. 16, p. 308. NOTE. The provisions of section 3828, forbidding the publication of advertisements for any Executive Department of the Government, or for any Bureau thereof, or for any office therewith connected, except "under written authority from the head of the Department," extend to offices connected as aforesaid, no matter where located.-Op. XVI, 616, Phillips, Dec. 16, 1878. In no case of advertisement for contracts for the public service shall July 31, 1876. the same be published in any newspaper published and printed in the Restriction on District of Columbia unless the supplies or labor covered by such ad- advertising in vertisement are to be furnished or performed in said District of Colum- the District of bia. [See post.] July 31, 1876, ch. 246, v. 19, p. 102. Hereafter all advertisements, notices, proposals for contracts, and all forms of advertising required by law for the several Departments of the Government may be paid for at a price not to exceed the commercial rates charged to private individuals, with the usual discounts; such rates to be ascertained from sworn statements to be furnished by the proprietors or publishers of the newspapers proposing so to advertise. But the heads of the several Departments may secure lower terms at special rates whenever the public interest requires it. June 20, 1878, ch. 359, v. 20, p. 306. Columbia. June 20, 1878. Prices to be paid. All advertising required by existing laws to be done in the District January 21, 1881. of Columbia by any of the Departments of the Government shall be Advertisements given to one daily and one weekly newspaper of each of the two prin- in the District of cipal political parties, and to one daily and one weekly neutral news- Columbia. paper: Provided, That the rates of compensation for such service shall in no case exceed the regular commercial rate of the newspapers selected; nor shall any advertisement be paid for unless published in accordance with section thirty-eight hundred and twenty-eight of the Revised Statutes. 11181-9 Title 43. Advertisements for proposals. Advertisements SEC. 2. All laws or parts of laws inconsistent here with are hereby repealed. January 21, 1881, ch. 25, v. 21, p. 317. SEC. 3709. All purchases and contracts for supplies or services, in of the Departments of the Government, except for personal servany ices, shall be made by advertising a sufficient time previously for proposals respecting the same, when the public exigencies do not require the immediate delivery of the articles, or performance of the service. 2 March, 1861, s. 10, v. 12, p. 220. SEC. 3718. * In the case of provisions, clothing, hemp, and other for clothing, materials, the Secretary of the Navy shall advertise, once a week, for hemp, &c. at least four weeks, in one or more of the principal papers published in the place where such articles are to be furnished, for sealed proposals for furnishing the same. In the case of transportation of such articles, he shall advertise for a period of not less than five days. [See 21 Jan., 1881, ante. ] * * Title 10. ESTIMATES. SEC. 430. All estimates for specific, general, and contingent expenses of the Department, and of the several Bureaus, shall be furnished to Estimates for the Secretary of the Navy by the chiefs of the respective Bureaus. [See § 3666, post.] expenses. Title 41. Manner of communicating estimates. Estimates for 5 July, 1862, s. 5, v. 12, p. 511. SEC. 3660. The heads of Departments, in communicating estimates of expenditures and appropriations to Congress, or to any of the committees thereof, shall specify, as nearly as may be convenient, the sources from which such estimates are derived, and the calculations upon which they are founded, and shall discriminate between such estimates as are conjectural in their character and such as are framed upon actual information and applications from disbursing officers. They shall also give references to any law or treaty by which the proposed expenditures are, respectively, authorized, specifying the date of each, and the volume and page of the Statutes at Large, or of the Revised Statutes, as the case may be, and the section of the act in which the authority is to be found. [See 3 March, 1875, p. 132.] 26 Aug., 1842, s. 14, v. 5, p. 525. SEC. 3661. The head of each of the Executive Departments, and printing and every other public officer who is authorized to have printing and bindbinding. ing done at the Congressional Printing-Office for the use of his Department or public office, shall include in his annual estimate for appropria. tions for the next fiscal year such sum or sums as may to him seem nec essary "for printing and binding, to be executed under the direction of the Congressional Printer." [See § 3802, PUBLIC DOCUMENTS.] 8 May, 1872, s. 2, v. 17, p. 82. Estimates for SEC. 3662. All estimates for the compensation of officers authorized by law to be employed shall be founded upon the express provisions of salaries. law, and not upon the authority of executive distribution. 3 March, 1855, s. 8, v. 10, p. 670. estimates for SEC. 3663. Whenever any estimate submitted to Congress by the head Requisites for of a Department asks an appropriation for any new specific expenditure, appropriation for such as the erection of a public building, or the construction of any public works. public work, requiring a plan before the building or work can be properly completed, such estimate shall be accompanied by full plans and detailed estimates of the cost of the whole work. All subsequent estimates for any such work shall state the original estimated cost, the aggregate amount theretofore appropriated for the same, and the amount actually expended thereupon, as well as the amount asked for the current year for which such estimate is made. And if the amount asked is in excess of the original estimate, the full reasons for the excess, and the extent of the anticipated excess, shall be also stated. [See § 3734, CONTRACTS, PART I, p. 28.] 17 June, 1844, s. 2, v. 5, p. 693. 3 March, 1855, s. 8, v. 10, p. 670. 27 Feb., 1877, v. 19, p. 249. SEC. 3664. Whenever the head of a Department, being about to sub- What additional mit to Congress the annual estimates of expenditures required for the explanations are coming year, finds that the usual items of such estimates vary materi- required. ally in amount from the appropriation ordinarily asked for the object named, and especially from the appropriation granted for the same objects for the preceding year, and whenever new items not theretofore usual are introduced into such estimates for any year, he shall accompany the estimates by minute and full explanations of all such variations and new items, showing the reasons and grounds upon which the amounts are required, and the different items added. [See March 3, 1875, post.] Ibid. SEC. 3665. The head of each Department, in submitting to Congress Amount of outhis estimates of expenditures required in his Department during the standing approyear then approaching, shall designate not only the amount required designated. priations to be to be appropriated for the next fiscal year, but also the amount of the outstanding appropriation, if there be any, which will probably be required for each particular item of expenditure. [See § 429, NAVV DEPARTMENT.-Reports to be made by the Secretary of the Navy.] 2 June, 1858, s. 2, v. 11, p. 308. SEC. 3666. The estimates for expenditures required by the Depart- Items of exment of the Navy for the following purposes shall be given in detail, penditure to be and the expenditures made under appropriations therefor shall be acspecified in estimates and accounted for so as to show the disbursements of each Bureau under counts. each respective appropriation: First. Freight and transportation. Second. Printing and stationery. Third. Advertising in newspapers. Fourth. Books, maps, models, and drawings. Fifth. Purchase and repair of fire-engines and machinery. Sixth. Repairs of and attending to steam-engines in navy-yards. Seventh. Purchase and maintenance of horses and oxen, and driving teams. Eighth. Carts, timber-wheels, and the purchase and repair of workmen's tools. Ninth. Postage of public letters. Tenth. Fuel, oil, and candles for navy-yards and shore-stations. Eleventh. Pay of watchmen and incidental labor not chargeable to any other appropriation. Twelfth. Transportation to, and labor attending the delivery of provisions and stores on foreign stations. Thirteenth. Wharfage, dockage, and rent. Fourteenth. Traveling expenses of officers and others under orders. 23 Feb., 1881. Sixteenth. Store and office rent, fuel, commissions, and pay of clerks to navy-agents and store-keepers. Seventeenth. Flags, awnings, and packing-boxes. Eighteenth. Premiums and other expenses of recruiting. Nineteenth. Apprehending deserters. Twentieth. Per-diem pay to persons attending courts-martial, courts of inquiry, and other services authorized by law. Twenty-first. Pilotage and towage of vessels, and assistance to vessels in distress. Twenty-second. Bills of health and quarantine expenses of vessels of the United States Navy in foreign ports. [See § 430, ante.]* 22 June, 1860, s. 1, v. 12, p. 81. Hereafter the estimates for pay of the Navy shall be submitted in the book of estimates in detailed classifications and paragraphs, after the pay of the Navy, manner above set forth. Estimates for Title 41. 23 Feb., 1881, v. 21, p. 331. [Paragraph I. Pay of Active List; II. Pay of Retired List; III. Pay of petty officers and seamen; IV. Pay of clerks, secretaries, mileage, &c., giving classification and number in each case, when possible.] SEC. 3667. The Secretary of the Navy shall annually submit to ConEstimates for gress estimates of the claims and demands chargeable upon and payNavy pension- able out of the naval pension fund. fund. Estimates to be 11 July, 1870, v. 16, p. 222. SEC. 3669. All annual estimates for the public service shall be subsubmitted to mitted to Congress through the Secretary of the Treasury, and shall be Congress. included in the book of estimates prepared under his direction. What state 2 Sept., 1789, s. 2, v. 1, p. 65. 18 May, 1865, s. 4, v. 14, p. 49. SEC. 3670. The Secretary of the Treasury shall annex to the annual ments shall ac estimates of the appropriations required for the public service, a statecompany estimates. ment of the appropriations for the service of the year, which may have been made by former acts. Statement of old material. 1 May, 1820, s. 8, v. 3, p. 568. of SEC. 3672. A detailed statement of the proceeds of all sales of old proceeds of sales material, condemned stores, supplies, or other public property of any kind, except materials, stores, or supplies sold to officers and soldiers of the Army, or to exploring or surveying expeditions authorized by law, shall be included in the appendix to the book of estimates. March 3, 1875. Estimates, when to be fur nisbed. 8 May, 1872, s. 5, v. 17, p. 83. 27 Feb., 1877, v. 19, p. 249. That it shall be the duty of the heads of the several Executive Departments, and of other officers authorized or required to make estimates, to furnish to the Secretary of the Treasury, on or before the first day of October of each year, their annual estimates for the public service, to be included in the book of estimates prepared by law under his direction; and the Secretary of the Treasury shall submit, as a Extracts from part of the appendix to the book of estimates, such extracts from the reports to be in- annual reports of the several heads of Departments and Bureaus as cluded in appen- relate to estimates for appropriations, and the necessities therefor. dix to estimates. 3 March, 1875, s. 3, v. 18, p. 340. APPROPRIATIONS. Title 41. SEC. 3673. All moneys appropriated for the use of the War and Navy Drafts for War Departments shall be drawn from the Treasury, by warrants of the Secand Navy De- retary of the Treasury, upon the requisitions of the Secretaries of those partments. Departments, respectively, countersigned by the Second Comptroller of the Treasury, and registered by the proper Auditor. [See § § 273, 277, under ACCOUNTS.] 7 May, 1822, s. 3, v. 3, p. 689. 3 March, 1817, s. 5, 9, v. 3, p. 367. NOTE. The different subdivisions ordinarily employed in an appropriation act, viz, Legislative, Executive, Judicial, are intended to classify the appropriations and not to designate the Department to which they belong.-C. C., XI, 152; 91 U.S. R., 317. Appropriations: Permanent, those for an indefinite period; indefinite, those in which no amount is named. Unexpended balances may be applied to expenses properly incurred within the year, and upon contracts made within the year, but not performed until later. Appropriations which in terms are for one year cannot be used for payment of expenses not incurred in the year. Money cannot be taken by counter requisition to settle old accounts.-Op., XIII, 289, July 27, 1870, Akerman. SEC. 3675. All warrants drawn by the Secretary of the Treasury, upon Form of draw. the Treasurer of the United States, shall specify the particular appro- warrants. ing and charging priation to which the same should he charged; and the moneys paid by virtue of such warrants shall, in conformity therewith, be charged to such appropriation in the books of the Secretary, First Comptroller, and Register. 3 March, 1809, s. 1, v. 2, p. 535. SEC. 3676. All appropriations for specific, general, and contingent ex- Appropriation penses of the Navy Department shall be under the control and expended for Navy conby the direction of the Secretary of the Navy, and the appropriation tary; for each trolled by Secrefor each Bureau shall be kept separate in the Treasury. 5 July, 1862, s. 5, v. 12, p. 511. NOTES. The Secretary of the Navy can draw on the contingent fund for purposes of a contingent character-that is, such as might or might not happen, and which Congress could not easily foresee, and therefore could not provide for definitely.-Op. I, 302, Wirt. The words "Contingent expenses,' as used in the appropriation acts, mean such incidental, casual expenses as are necessary, or at least appropriate and convenient, in order to the performance of the duties required by law of the Department or the office for which the appropriation is made.-Op. XVI, 412, Devens, Dec. 19, 1879. Bureau to be kept separately. Applications of The appropriations for Contingent of the Bureaus (Civil) are merged with that for the Secretary's Office by Legislative Act approved March 3, 1883. SEC. 3678. All sums appropriated for the various branches of expend- moneys approiture in the public service shall be applied solely to the objects for priated. which they are respectively made, and for no others. 3 March, 1809, s. 1, v. 2, p. 535. 12 Feb., 1868, s. 2, v. 15, p. 36. NOTES.-Section 3678 extends only to such cases as relate to "proceeds of sales"-receipts which are in the nature of revenue belonging to no appropriation, and not available for expenditure without authority from Congress. It does not prohibit one Department from supplying articles to another, and the transfer of appropriations to make reimbursements.-Op., Dec. 20, 1882, Brewster. Section 3678 makes unlawful the diversion of funds appropriated for one object of expenditure to another object of expenditure, and forbids an appropriation for any purpose to be thus enlarged beyond the amount thereof, as fixed by Congress. The furnishing of articles by one Department to another, and subsequent reimbursements by transfer of appropriation, not a diversion or an enlargement contemplated by this section.-Op., Dec. 20, 1882, Brewster. No expendi SEC. 3679. No Department of the Government shall expend, in any tures beyond apone fiscal year, any sum in excess of appropriations made by Congress propriations. for that fiscal year, or involve the Government in any contract for the future payment of money in excess of such appropriations. [See § § 3732, 3733, 5503, CONTRACTS, PART I, p. 28.] 12 July, 1870, s. 7, v. 16, p. 251. NOTE.-No contract can be made for rent of buildings until appropriations are made therefor. See Part I, p. 31. SEC. 3681. No accounting or disbursing officer of the Government shall allow or pay any account or charge whatever, growing out of, or in any way connected with, any commission of inquiry, except courts-martial or courts of inquiry in the military or naval service of the United States, until special appropriations shall have been made by law to pay such accounts and charges # SEC. 3682. No moneys appropriated for contingent, incidental, or mis- Restrictions on cellaneous purposes shall be expended or paid for official or clerical contingent, &c., appropriations. compensation. [See under CONTINGENT FUNDS.] SEC. 3685. Idem, s. 3, p. 250. # In no case shall any special appropriation be Special approavailable for more than two years without further provision of law. Priation avail[Exception for establishing light-houses.] able for two years. 10 June, 1872, s. 1, v. 17, p. 355. |