« 이전계속 »
the minimum that shall be prescribed therefor by the President. Sec. 68, act of June 3, 1916 (39 Stat. 200); 32 U. 8. C. 16.
1333. For text of this section as published in the 1929 Edition, see 1323, ante.
1333a. District of Columbia National Guard; commander in chief.—That the President of the United States shall be the commander in chief of the militia of the District of Columbia. Sec. 6, act of Mar. 1, 1889 (25 Stat. 773).
1333b. District of Columbia National Guard; commanding general.—That there shall be appointed and commissioned by the President of the United States a commanding general of the militia of the District of Columbia, with the rank of brigadier general, who shall hold office until his successor is appointed and qualified, but may be removed at any time by the President. Sec. 7, act of Mar. 1, 1889 (25 Stat. 773).
1333c. District of Columbia National Guard; appointment of staff officers.That to comply with the provisions of section 110 of the Act entitled "An Act for making further and more effectual provision for the national defense, and for other purposes," approved June 3, 1916, it is hereby provided that staff officers, including officers of the Pay, Inspection, Subsistence, and Medical Departments, appointed in the National Guard of the District of Columbia shall have had previous military experience and shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose, and that vacancies among said officers shall be filled by appointment from the officers of the National Guard of the District of Columbia. Act of July 11, 1919 (41 Stat. 127).
1333d. District of Columbia National Guard; right-of-way in streets.—That the United States forces or troops, or any portion of the militia, parading, or performing any duty according to law, shall have the right-of-way in any street or highway through which they may pass : Provided, That the carriage of the United States mails, the legitimate functions of the police, and the progress and operations of fire engines and fire departments shall not be interfered with thereby. Sec. 47, act of Mar. 1, 1889 (25 Stat. 779).
Change the number of section forty-seven to "fifty.” Act of Feb. 18, 1909 (35 Stat. 634).
As the above appears in an act having relation to the National Guard of the District of Columbia it may be inferred that the streets, etc., mentioned are those of the said District.
1333e. District of Columbia National Guard; use of Washington Barracks.The National Guard shall have the use of the drill grounds and rifle range at the Washington Barracks, subject to the approval of the Secretary of War, and the commanding general of the militia shall provide such additional targets and accessories as may be necessary for the use of militia. Sec. 44, act of Mar. 1, 1889 (25 Stat. 778).
Change the number of section forty-four to "forty-seven.” Act of Feb. 18, 1909 (35 Stat. 634).
ADMINISTRATION OF OATHS
General provision, 1334.
Oaths required in settlement of officers' ac. Oath of office, 1335.
counts, 1338. Oaths in investigations, 1336.
Oaths in connection with claims pending beOaths to expense account, 1337.
fore international tribunals, 1338a. 1334. Administration of oaths; general provision.-In all cases in which under the laws of the United States, oaths or acknowledgments may now be taken or made before any justice of the peace of any State or Territory, or in the District of Columbia, they may hereafter be also taken or made by or before any notary public duly appointed in any State, District, or Territory, or any of the commissioners of the circuit courts, and, when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace. R. S. 1978; 5 U. S. C. 92.
That in all cases in which, under the laws of the United States, oaths are authorized or required to be administered, they may be administered by notaries public duly appointed in any State, District, or Territory of the United States, by clerks and prothonotaries of courts of record of any such State, District, or Territory, by the deputies of such clerks and prothonotaries, and by all magistrates authorized by the laws of or pertaining to any such State, District, or Territory to administer' oaths. Act of July 3, 1926 (44 Stat. 830); 5 U. 8. C. 92a.
The office of commissioners of the circuit courts, mentioned in the first paragraph of this section, was abolisbed, and the appointment of United States commissioners, to have the game powers and perform the same duties as were theretofore imposed on the commissioners of the circuit courts, was authorized, by act May 28, 1896, sec. 19.
That judge advocates, adjutants of commands, etc., have no power to administer oaths generally, but their functions are confined to military purposes, see A. W. 114, ante, 472.
The warden and associate warden of each Federal penal or correctional institution were authorized to administer oaths to officers, employees, and inmates of such institutions, by act of February 11, 1938 (52 Stat. 28)..
1335. Oath of office.--The oath of office required by either of the two preceding sections may be taken before any officer who is authorized either by the laws of the United States, or by the local municipal law, to administer oaths, in the State, Territory, or District where such oath may be administered. R. S. 1758; 5 U. 8. C. 18.
And the chief clerks of the several executive departments and of the various bureaus, and offices thereof in Washington, District of Columbia, are hereby anthorized and directed, on application, and without compensation therefor, to administer oaths of office to employees required to be taken on their appointment or promotion. Sec. 1, act of Aug. 29, 1890 (26 Stat. 371); 5.U.S. C. 19.
* And no officer, clerk, or employee of any executive department who is also a notary public or other officer authorized to administer oaths, shall charge or receive any fee or compensation for administering oaths of office to employees of such department required to be taken on appointment or promotion therein. Sec. 1, act of Aug. 29, 1890 (26 Stat. 371); 5 U.S. C. 20.
of the "two preceding sections" referred to, R. S. 1756 is not reproduced; for R. S. 1757, see 118, ante,
1336. Oaths in investigations. Any officer or clerk of any of the departments lawfully detailed to investigate frauds on, or attempts to defraud, the Government, or any irregularity or misconduct of any officer or agent of the United States, and any officer of the Army, Navy, Marine Corps, or Revenue Cutter Service detailed to conduct an investigation, and the recorder, and, if there be none, the presiding officer, of any military, naval, or Revenue Cutter Service board appointed for such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation. R. S. 183; act of Feb. 13, 1911 (36 Stat. 898); 5 U. S. C. 93.
This section, as enacted in the Revised Statutes, was amended by act Mar. 2, 1901, sec. 3, the amendment consisting principally in the insertion of a clause adding to the offlcers or clerks authorized to administer oaths to witnesses, "and any officer of the Army detailed to conduct an investigation, and the recorder, and, if there be done, the presiding officer of any military board appointed for such purpose." The further amendment by act Feb. 13, 1911, cited above, inserted in the clause so added, after the word "Army," the words “Navy, Marine Corps, or Revenue Cutter Service," and between the words "military" and "board," the words "naval or Rev Cutter Service," making the seltion read as set forth here. See also A. W. 114, ante, 472.
Authority to administer an oath to any witness, on investigation of a shipwreck attended with loss of life, was conferred on the officer or clerk of the Treasury Department detailed to conduct such investigation, by sec. 9, act of June 18, 1878 (20 Stat. 164). By act of Jan. 28, 1915 (38 Stat. 800), the Revenue Cutter Service was made a part of the Coast Guard.
1337. Oaths to expense accounts.-After June thirtieth, nineteen hundred and twelve, postmasters, assistant postmasters, collectors of customs, collectors of internal revenue, chief clerks of the various executive departments and bureaus, or clerks designated by them for the purpose, the superintendent, the acting superintendent, custodian, and principal clerks of the various national parks and other Government reservations, superintendent, acting superintendents, and principal clerks of the different Indian superintendencies or Indian agencies and chiefs of field parties, are required, empowered, and authorized, when requested, to administer oaths, required by law or otherwise, to accounts for travel or other expenses against the United States, with like force and effect as officers having a seal; for such services when so rendered, or when rendered on demand after said date by notaries public, who at the time are also salaried officers or employees of the United States, no charge shall be made; and on and after July first, nineteen hundred and twelve, no fee or money paid for the services herein described shall be paid or reimbursed by the United States. Sec. 8, act of Aug. 24, 1912 (37 Stat. 487); 5 U. 8. C. 97; 16 U. 8. O. 454; 19 U. 8. C. 50; 25 U. 8. C. 34; 26 U. 8. C. 1956; 33 U. S. C. 768; 39 U. S. C. 33.
That post-office inspectors are empowered and authorized with like force and effect as officers having a seal to administer oaths required or authorized by law or regulation promulgated thereunder in respect of any matter coming before them in the performance of their official duties and likewise oaths to accounts for travel or other expenses against the United States, but no compensation or fee shall be demanded or accepted for administering any such oaths. Chief clerks and assistant chief clerks in the Railway Mail Service are required, empowered, and authorized, when requested, to administer oaths to employees on appointment or promotion and to accounts for travel or other expenses against the United States with like force and effect as officers having a seal: Provided, That for such service no charge shall be made and no fee or money paid for such service shall be paid or reimbursed by the United States. Act of June 15, 1934 (48 Stat. 963); 39 U. 8. O. 704.
The provisions of the first paragraph of this section were extended to chiet clerks, etc., in the offices of lighthouse inspectors, by a provision of sec. 7, act of March 3, 1915 (38 Stat. 928).
1338. Oaths required in settlement of officers' accounts.-The Secretary of War is authorized to detail one or more of the employees of the War Department for the purpose of administering the oaths required by law in the settlement of officers' accounts for clothing, camp and garrison equipage, quartermaster's stores, and ordnance, which oaths shall be administered without expense to the parties taking them. R. S. 225; 10 U. 8. C. 1303.
Provisions applicable to all the departments, as to administration of oaths by officers and clerks, were made by R. S. 183, ante, 1336, and the statutes referred to under that section.
1338a. Oaths in connection with claims pending before international tribunals.-That whenever any claim in which the United States or any of its nationals is interested is pending before an international tribunal or commission, established pursuant to an agreement between the United States and any foreign government or governments, each member of such tribunal or commission, or the clerk or a secretary thereof, shall have authority to administer oaths in all proceedings before the tribunal or commission; *. Sec. 1, act of July 3, 1930 (46 Stat. 1005); 22 U. 8. C. 270.