Obrázky stránek

Assignment of retired officer to active duty.
There is no provision of law authorizing the assignment of a

retired officer of the Marine Corps to active duty, and there-
fore a retired officer assigned to duty as secretary of the Naval
Board of Awards is not entitled to the pay and allowances of

an officer on the active list. 8.
Baggage, transportation of, on change of station.
The amount of baggage which an officer of the Marine Corps is

entitled to have transported on change of station is governed
by the regulation in force at the time he performs the travel,
and not by a subsequent regulation in force at the time the

baggage was actually transported. 2.
Court-martial, error of calculation in sentence of.
Where an enlisted man in the Marine Corps was sentenced by a

summary court-martial “to lose three months' pay, amount-
ing to $40.40," the fact that the sum named, viz, $40.40, was
incorrect, and should have been $40.60, will not defeat the
clearly expressed intention of the court that he forfeit three
months' pay, and he should, therefore, be charged with the

correct amount. 554.
Deposit of pay with paymaster. See infra, pay.
Discharge, computing honorable, of enlisted mon.
An enlisted man of the Marine Corps who was transferred, by

authority of the act of June 7, 1898, to the Hospital Corps of
the Navy is entitled to credit for the prior service in the
Marine Corps, in the same enlistment he is serving out in the
Hospital Corps, in making up the time necessary to entitle
him to the honorable discharge provided for in section 1426,
Revised Statutes, as amended by the act of June 11, 1896.

Extra-duty pay.
An enlisted man of the Marine Corps who was by competent

authority detailed on extra duty for employment at constant
labor for not less than ten days, and who while so detailed
actually performed extra-duty service of at least ten days'
duration, is entitled to extra-duty pay for such service,
regardless of the fact that the extra duty was not performed

on consecutive working days. 769.
Interest on deposits by enlisted men with paymaster. See infra, pay.
Pay, deduction from, of retired enlisted men while in Government Hospital

for the Insane. See infra, subsistence.
Pay, deposit of, with paymaster by enlisted men.
There is no provision of law authorizing enlisted men of the Marine

Corps to deposit any part of their pay with a corps paymaster
and to receive interest thereon. 33.

Pay, extra, to expert riflemen.
Enlisted men of the Marine Corps who have qualified as expert

riflemen are not entitled to the extra pay allowed by article
1373, Army Regulations of 1904, to expert riflemen of the

infantry of the Army. 788.
Pay, forfeiture of. See supra, court-martial.
Pay, retired officer, assigned to active duty. See supra, assignment.
Printing for. See PUBLIC PRINTING, printing.
Prizes to gan crews for excellence in gunnery exercises.
The appropriation made in the act of March 3, 1903, for prizes for

excellence in gunnery exercises and target practice in the
naval service, is not applicable to prizes for enlisted men of

the Marine Corps who are members of gun crews. 220.
Quarters, reimbursement for hire of, for officer's family.
The provision in the act of July 1, 1902, for the hire of quarters

for officers of the Marine Corps serving with troops where
there are no public quarters belonging to the Government, or
where there are not sufficient quarters to accommodate them,
only authorizes the furnishing of quarters in kind, and there-
fore an officer is not entitled to reimbursement for hire of
quarters occupied by his family while he was sick in a

hospital. 218.
Registered letters, payment of registration fees on.
The appropriation for contingent expenses of the Marine Corps is

applicable to the payment of registration fees on letters which

the regulations of the Corps require to be registered. 69.
Retired enlisted men, admission of, to Government Hospital for the Insane.

Retired enlisted men, deduction from pay of. See infra, subsistence.
Subsistence, retired enlisted men, while in hospital.
No deduction should be made from the monthly allowance of $9.50

received by retired enlisted men of the Marine Corps, under
the act of March 16, 1896, "in lieu of allowance for subsistence
and clothing,” on account of the subsistence which they nec-
essarily receive while inmates of the Government Hospital for

the Insane. 367.
Target practice. See supra, prizes.
Traveler, when officer is in status of.
Where an officer of the Marine Corps who was traveling under

orders from Cavite, P. I., to Guam, L. I., was notified by tele-
graph while at San Francisco, Cal., awaiting the arrival of a
vessel to Guam, that his order to proceed to Guam was revoked
and for him to proceed to the Mare Island Navy-Yard, he will
be considered as in the status of a traveler abroad from the
time he left Cavite until the receipt of said telegraphic order,

Traveler, when officer is in status of-Continued.

and is entitled to reimbursement of necessary expenses
incurred by him at San Francisco while awaiting the arrival
of the vessel to Guam and prior to the receipt of said tele-

graphic order. 355.
Traveler, when officer is not in status of.
Where an officer of the Marine Corps was ordered by the Navy

Department to report for duty on the U. S. S. Dirie, with the
Panama marine brigade, subsequent orders by the brigadier-
general of the corps appointing him chief surgeon in the pro-
visional brigade, and ordering him to proceed in the steamer
Dirie as a passenger to Panama and there join the brigade, did
not have the effect of placing him in the status of a traveler
so as to entitle him to reimbursement of traveling expenses

while performing said travel. 31.
Arrest, insane person, in Indian Territory.
The appropriation “Salaries, fees, and expenses, United States

courts” is applicable to the payment of the fees of a deputy
marshal in the Indian Territory for arresting an insane person
on a capias issued by a United States court for the purpose of
trying the issue of her sanity; but it is not applicable to the
expenses of the deputy in “endeavoring” to make such arrest,
as such expenses are only allowed when the person arrested
is “charged with or convicted of a crime,” and insanity is not

such a crime. 535.
Bailiffs and court criers, compensation of.
Bailiffs and court criers are entitled to their per diem compensa-

tion for attendance upon court while it is in session under
order of the judge, regardless of the fact that there was no

judge present. 91.
Chinese prisoner, expenses of subsisting. See CHINESE PERSONS, prisoner.
Constable, claim for keeping escaped prisoner.
The claim of a constable for keeping and boarding an escaped

prisoner from the Fort Belknap Indian Reservation prior to
the arrest of the prisoner by the marshal is not a proper
charge against any appropriation for the Department of Jus-
tice, but is payable from the special appropriation, under con-
trol of the Secretary of the Interior, for general incidental

expenses of the Indian service. 753.
Deputy, fees and expenses of, where prisoner escapes through his negli-

gence. See infra, prisoner.
“Endeavoring” to arrest. See supra, arrest.
Expenses in going to execute writ of commitment. See infra, mileage.

Fees and expenses in insanity proceedings in Alaska.
Fees and expenses of marshals in insanity proceedings in Alaska,

if incurred prior to and during the trial of the case, are prop-
erly payable from the appropriation for salaries, fees, and

expenses of marshals. 673.
Fees, fiscal year in which earned.
The fees of a deputy marshal for executing a warrant of arrest are

not earned until the warrant is executed, and therefore his
fees for executing a warrant received by him on the last day
of the fiscal year 1904, but not executed until the second day
of the fiscal year 1905, must be considered as earned during

the latter tiscal year. 783.
Fees for serving motion to dismiss or affirm.
A motion to dismiss or affirm is not a writ, within the meaning of

section 829, Revised Statutes, and therefore a deputy marshal

is not entitled to compensation for serving same. 747.
Fees for transporting prisoner ander warrant of extradition.
Under the provisions of the act of June 21, 1902, fees of a deputy

marshal for transporting prisoners under a warrant of extra-
dition are properly payable out of the appropriation for the

expenses of the judiciary. , 779.
Fiscal year. See supra, fees.
Insanity proceedings in Alaska. See supra, fees.
Juror, fees of, where twice impaneled on same day. See Courts, juror.
Message, delivery of, by direction of district attorney. See infra, travel.
Mileage for travel in going to execute writ of commitment.
A deputy marshal is not entitled to mileage for travel in going to

execute a writ of commitment, but he may be reimbursed his

actual expenses for such travel. 248.
Mileage apon recaptare of escaped prisoner.
Although a deputy marshal negligently permitted a prisoner to

escape while transporting him under a warrant of commit-
ment, he is entitled to mileage upon subsequently recapturing

the escaped prisoner and executing the original writ. 117.
Prisoner, escape of, through negligence of deputy.
A deputy marshal was guilty of negligence in permitting a con-

victed prisoner whom he was taking to prison to sit in a rail-
road car unshackled and on the side of the car seat next to an
open window, and the prisoner having escaped by jumping
out of the car window, the deputy is not entitled to reim-

bursement of his expenses. 67.
Reimbursement of, for expenses of board and lodging while waiting to

secure sleeping car berth. See TRAVELING EXPENSES, board.
Removal of. See OFFICERS, office.

Subpæna, service of, outside district where issued.
Under the provisions of section 876, Revised Statutes, a deputy

marshal is not entitled to fees or expenses for serving sub-
pænas in civil actions in which the United States is plaintiff
when the witness lives out of the district where the subpoena
was issued and more than 100 miles from the place of hold.

ing court. 634.
Travel, expenses of, where not on official business.
A deputy marshal who was directed by a district attorney to

notify a defendant that “if he did not appear in court when
his case was called he would be sent for" was not engaged
on “official business" while delivering said message, and he
is not, therefore, entitled to reimbursement of his

Witness fees. See WITNESSES, fees.
Employee, Geological Survey, while on field duty.
The appropriation made in the act of April 28, 1904, for the sup-

port of the Geological Survey, is not applicable to the expense
of medical attendance for an employee who was injured
while engaged in the performance of his duty in the field.

Employees, reclamation service in Arizona.
The Secretary of the Interior having by authority of section 10 of

the act of June 17, 1902, authorized the furnishing of medical
attendance and medicines to employees of the reclamation
service engaged upon work in connection with the Salt River
irrigation project in Arizona, payment for medical attendance
furnished such employees by a physician other than the one
regularly employed for that purpose is authorized if it was at
the time impracticable to secure the services of the regular

physician. 803.
Hospital, expense while in. See LIGHT-HOUSE SERVICE, hospital.
Last sickness, deceased pensioner. See Pensions, insanity, and last.
Retired officer detailed to duty at educational institution.
A retired colonel or lieutenant-colonel of the Army detailed, under

the act of November 3, 1893, to duty at an educational insti-
tution, being entitled, under the provisions of the act of
March 2, 1905, to the full pay and allowances of a major on
the active list, is entitled to such medical attendance and
medicines at the expense of the United States as are author-
ized for a major on the active list; but under the provisions
of said act of March 2, 1905, a retired officer above the rank
of colonel is not entitled while so detailed to said allowances.

« PředchozíPokračovat »