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or bankers thus designated shall give satisfactory security for the safe-keeping and prompt payment of the public moneys so deposited by depositing in the Treasury United States bonds to an amount not less than the aggregate sum at any time on deposit with such banks or bankers: And provided further, That this act shall apply to Cuba only while occupied by the United States. Act of June 6, 1900 (31 Stat. L., 658).

DISBURSING AGENTS.

291. Collectors to act as disbursing agents. 292. Special disbursing agents.

293. Limit on compensation.

294. Compensation of certain disbursing agents.

June 12, 1858, c.

327.

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295. Bonds of special agents.
295a. Expenses of fiscal agents.

Collectors to 291. The collectors of customs in the several collection act as disbursing agents. districts are required to act as disbursing agents for the 154, s. 17, v. 11, p. payment of all moneys that are or may hereafter be approSec. 3657, R.S. priated for the construction of custom-houses, court-houses, post-offices, and marine hospitals; with such compensation, not exceeding one-quarter of one per centum, as the Secretary of the Treasury may deem equitable and just. (See sec. 255.)

Special dis

bursing agents.

302, v. 14, p. 341.

292. Where there is no collector at the place of location July 28, 1866, e. of any public work specified in the preceding section, the Sec. 3658, R.S. Secretary of the Treasury may appoint a disbursing agent for the payment of all moneys appropriated for the construction of any such public work, with such compensation as he may deem equitable and just.

Limit on extra compensation.

15, p. 112.

18, p. 415.

V.

of certain dis

bursing agents.

293. No extra compensation exceeding one-eighth of one Mar. 3, 1869, v. per centum shall in any case be allowed or paid to any Mar. 3, 1875, v. officer, person, or corporation for disbursing moneys Sec. 3654, R.S. appropriated to the construction of any public building.' Compensation 294. Any disbursing agent who has been or may be Aug. 7, 1882, v. appointed to disburse any appropriation for any United States court-house and post-office, or other building or grounds, not located within the city of Washington, shall be entitled to the compensation allowed by law to collectors of customs for such amounts as have been or may be disbursed. Act of August 7, 1882 (22 Stat. L., 306).

22, p. 306.

1Section 4 of the act of March 3, 1875 (18 Stat. L., 402), contained the requirement that this section "was intended and shall be deemed and held to limit the compensation to be allowed to any disbursing officer who disbursed moneys appropriated for and expended in the construction of any public building to three-eighths of one per centum for said services."

agents.

Bonds of special
Aug. 4, 1854, c.

242, s. 14, v. 10, p.

Sec. 3614, R.S.

295. Whenever it becomes necessary for the head of any Department or office to employ special agents, other than officers of the Army or Navy, who may be charged with 573. the disbursement of public moneys, such agents shall, before entering upon duty, give bond in such form and with such security as the head of the Department or office employing them may approve. Sec. 3614, R. S.

295a. The officers, respectively, whose duty it is made by this Title to receive, keep, or disburse the public moneys, as the fiscal agents of the Government, may be allowed any necessary additional expenses for clerks, fireproof chests or vaults, or other necessary expenses of safe-keeping, transferring, or disbursing the moneys; but all such expenses of every character shall be first expressly authorized by the Secretary of the Treasury, whose directions upon all the above subjects, by way of regulation and otherwise, so far as authorized by law, shall be strictly followed by all the officers.1

Expenses of fis

cal agents.

Aug. 6, 1846, c. Sec. 3653, R. S.

90, s. 13, v. 9, p. 62.

TRANSFERS OF FUNDS BY THE SECRETARY OF THE TREASURY.

Par.

296. Funds subject to transfer.

297. Transfers from depositaries to Treasury.

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298. Public moneys subject to draft of the Treasurer.

296. All public moneys paid into any depository shall be subject to the draft of the Treasurer of the United States, drawn agreeably to appropriations made by law.

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Aug. 6, 1816, C.

90, s. 1, v. 9, p. 59. Sec. 3593, R. S.

moneys from deTreasury.

Aug. 6, 1846, c.

90, s. 10, v. 9, p. 61.

Sec. 3640, k. S.

297. The Secretary of the Treasury may, except as pro-Transfers of vided in the next section, transfer the moneys in the hands positaries to of any depositary of public moneys to the Treasury of the United States to the credit of the Treasurer; and he may transfer moneys in the hands of one depositary to any other depositary, as the safety of the public moneys and the convenience of the public service shall seem to him to require. 298. All moneys paid into the Treasury of the United, Public moneys States shall be subject to the draft of the Treasurer. for the purpose of payments on the public account the Treasurer. Treasurer is authorized to draw upon any of the deposi- 90, s. 10, v. 9, p. 61. taries, as he may think most conducive to the public interest and to the convenience of the public creditors. Each depositary so drawn upon shall make returns to the Treasury and Post-Office Departments of all moneys received

in Treasury and

And depositories sub

ject to draft of

Aug. 6, 1846, c.

Sec. 3644, R.S.

1 An officer charged with the duty of safely keeping and paying over public money is not relieved from liability although it is destroyed by fire while in his possession and without negligence on his part. I Compt. Dec., 191.

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and paid by him, at such times and in such forms as shall be directed by the Secretary of the Treasury or the Postmaster-General.

DEPOSIT OF PUBLIC MONEY.

299-300. Collectors and receivers, etc., to deposit public funds.

301. Duty of disbursing officers.

302. Penalty for failure to deposit

funds.

public moneys to

Treasury, etc.

90, s. 9, v. 9, p. 61;

131, s. 65, v. 17, p.

435.

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303. Duties of disbursing officers as custodians of public funds.

304. Reports of Treasurer, etc.

Collectors of 299. All collectors and receivers of public money of every deposit same in description, within the District of Columbia, shall, as often Aug. 6, 1846, c. as they may be directed by the Secretary of the Treasury Feb. 12, 1873, c. or the Postmaster-General so to do, pay over to the TreasSec. 3615, B.S. urer of the United States, at the Treasury, all public moneys collected by them or in their hands. All such collectors and receivers of public moneys within the cities of New York, Boston, Philadelphia, New Orleans, San Francisco, Baltimore, Charleston, and St. Louis shall, upon the same direction, pay over to the assistant treasurers in their respective cities, at their offices, respectively, all the public moneys collected by them, or in their hands; to be safely kept by the respective depositaries, until otherwise disposed of according to law. It shall be the duty of the Secretary and Postmaster-General, respectively, to direct such payments by the collectors and receivers at all the said places, at least as often as once in each week, and as much oftener as they may think proper.

How marshals, district attor neys, and other officers may de

posit money in

300. All marshals, district attorneys, and other persons than those mentioned in the preceding section, having Treasury. public money to pay to the United States, may pay the 90, s. 15, v. 9, p. 62; same to any depositary constituted by or in pursuance of 230, s. 111, v. 16, law, which may be designated by the Secretary of the

Aug. 6, 1846, c.

July 8, 1870, c.

p. 216.

Sec. 3616, R.S. Duty of disbursing officers

money.

Treasury.

301. It shall be the duty of every disbursing officer havas to publicing any public money intrusted to him for disbursement June 14, 1866, c. to deposit the same with the Treasurer or some one of the 64; Feb. 27, 1877, assistant treasurers of the United States, and to draw for Sec. 3620, R.S. the same only as it may be required for payments to be

122, s. 1, v. 14, p.

c. 69, v. 19, p. 249.

made by him in pursuance of law [and draw for the same only in favor of the persons to whom payment is made]; and all transfers from the Treasurer of the United States to a disbursing officer shall be by draft or warrant on the Treasury or an assistant treasurer of the United States. In places, however, where there is no treasurer or assistant treasurer, the Secretary of the Treasury may, when he

Penalty for

failure to deposit.

Mar. 3, 1858, c.

114, s. 3, v. 11, p.

249.

Sec. 5, May 28,

deems it essential to the public interest, specially authorize in writing the deposit of such public money in any other public depository, or, in writing, authorize the same to be kept in any other manner, and under such rules and regulations as he may deem most safe and effectual to facilitate the payments to public creditors. (See sec. 5488, R. S.) 302. Every person who shall have moneys of the United States in his hands or possession, and disbursing officers having moneys in their possession not required for current expenditure, shall pay the same to the Treasurer, an assist- 1896, v. 29, p. 179. ant treasurer, or some public depositary of the United States, without delay, and in all cases within thirty days of their receipt. And the Treasurer, the assistant treasurer, or the public depositary shall issue duplicate receipts for the moneys so paid, transmitting forthwith the original to the Secretary of the Treasury, and delivering the duplicate to the depositor: Provided, That postal revenue and debts due to the Post-Office Department shall be paid into the Treasury in the manner now required by law.

Sec. 3621, R.S.

bursing officers

custodians of

public moneys.

90, s. 6, v. 9, p. 60;

Aug. 6, 1816, c. Mar. 3, 1857, c. 249: July 3, 1852, to 12; Mar. 3, 1863, c. or 770; July 4, 1864,

114, s. 2, v. 11, p.

c. 54, s. 7, v. 10, p.

96, s. 5, v. 12, p.

c. 24, s. 5, v. 13, p.

383; Apr. 21, 1862,

c. 59, s. 5, v. 12, p.

c. 33, s. 4, v. 15, p.

Sec.3639, R.S.

303. The Treasurer of the United States, all assistant, Duties of distreasurers, and those performing the duties of assistant as treasurer, all collectors of the customs, all surveyors of the customs, acting also as collectors, all receivers of public moneys at the several land offices, all postmasters, and all public officers of whatsoever character, are required keep safely, without loaning, using, depositing in banks, exchanging for other funds than as specially allowed by law, all the public money collected by them, or otherwise 382; Feb. 18, 1869, at any time placed in their possession and custody, till the 271 same is ordered, by the proper Department or officer of the Government, to be transferred or paid out; and when such orders for transfer or payment are received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the Government which may be imposed by any law, or by any regulation of the Treasury Department made in conformity to law. The President is authorized, if in his opinion the interest of the United States require the same, to regulate and increase the sums for which bonds are, or may be, required by law, of all district attorneys, collectors of customs, naval officers, and surveyors of customs, navy agents, receivers and registers of public lands, paymasters in the Army, Commissary-General, and by all other officers employed in the disbursement of the public moneys, under the direction of the War or Navy Departments. (See secs. 5489-5497, R. S.)

Treasurer, assist

ant

etc., and disburs

42.

May 2, 1866, c.

Reports of 304. The Treasurer, each assistant treasurer, and each treasurers, designated depositary of the United States, and the cashing officers. ier of each of the national banks designated as such 70, s. 6, v. 14, P. depositaries, shall, at the close of business on every thirSec. 310, B. S. tieth day of June, report to the Secretary of the Treasury the condition of every account standing, as in the preceding section specified, on the books of their respective offices, stating the name of each depositor, with his official designation, the total amount remaining on deposit to his credit, and the dates, respectively, of the last credit and the last debit made to each account. And each disbursing officer shall make a like return of all checks issued by him, and which may then have been outstanding and unpaid for three years and more, stating fully in such report the name of the payee, for what purpose each check was given, the office on which drawn, the number of the voucher received therefor, the date, number, and amount for which it was drawn, and, when known, the residence of the payee.1

TENDER.

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305,306. Duties and debts to United States, in what money to be paid.

Duties and

other debts to

what to be paid.

90, s. 18, v. 9, p.

64.

258.

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307. National-bank notes, when receivable.

308. Treasury notes for debts of United States.

305. All duties on imports shall be paid in gold and United States, in silver coin only, [coin certificates] or in demand Treasury Aug. 6, 1846, c. notes, issued under the authority of the acts of July sevenDec. 23, 1857, c. teen, eighteen hundred and sixty-one, chapter five, and 1, s. 6, v. 11, p. February twelve, eighteen hundred and sixty-two, chapter Sec. 3473, R. S. twenty; and all taxes and all other debts and demands than duties on imports, accruing or becoming due to the United States, shall be paid in gold and silver coin, Treasury notes, United States notes, or notes of national banks. 306. No gold or silver other than coin of standard finement of dues to ness of the United States, shall be receivable in payment of dues to the United States, except as provided in sec108, s. 2, v. 10, pp. tion twenty-three hundred and sixty-six, Title "PUBLIC 1857, c. 56, ss. 2, 3, LANDS," and in section thirty-five hundred and sixty-seven, Sec.3474, B.S. Title "COINAGE, WEIGHTS, AND MEASURES."

What coin re

ceivable in pay

the United

States.

Aug. 31, 1852, c.

97, 98; Feb. 21,

v. 11, p. 163.

1 For statutes regulating the transfer, safe-keeping, deposit, and disbursement of public moneys, see the title "Disbursing officers" in the chapter entitled “THE STAFF DEPARTMENTS.

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