The delivery of the deed to the officers of the Government is not an acceptance of title at the time of the delivery. The deed is submitted for acceptance provided that the title proves to be good in the proposed grantor on investigation of same as provided by R. S. 355.

While delivery is completion of same. duly executed deed.

essential to the transfer of title it is not the Title vests in the grantee when he accepts a (Hanfes v. Schultz, 2d Ill. App., 196, and

A. & E. Ency. of Law, 2d ed., p. 161.)

Executed deeds are delivered in execution of contracts to sell property to the Government, with the intention that they shall become presently operative when the Attorney-General approves of the titles. (See opinion of the court in Ryan v. U. S., 136 U. S., p. 86.)

The Government has no right to enter and take possession before the approval of the title by the Attorney-General. A vendee under an executory contract can not maintain ejectment against his vendor.

In order to enforce a specific performance by ejectment the vendee must have paid or tendered the purchase money. (Warvelli on Vendors [1902], 2d vol., p. 1048, sec. 887; Vincent v. Huff, 4 Serg. & R. Pa., p. 298, and Bell v. Clark, 111 Pa. St., p. 92.)

(Cir. 9, C. of E., 1904.)

187. Taxes.-Until a title is examined and approved by the Attorney-General according to law no acceptance of the deed takes place, the property remains vested in the proposed grantor, and does not come into possession of the Government until that time; therefore any taxes which may become due before the approval of the title by the Attorney-General and payment of the purchase money are payable by the owners of the property. (Cir. 9, C. of E., 1904.)

188. Taxes may be paid by U. S. if stipulated in writing as a part of the purchase price.-Officers in charge of river and harbor works are authorized, in making contracts for the purchase of land needed in the prosecution of such works, to enter into a stipulation in writing that, in addition to the price

agreed upon to be paid for the land, the Government shall discharge any taxes that may be lawfully assessed against the property between the date of the execution and delivery of the deed of conveyance and the payment of the purchase money. (Cir. 9, C. of E., 1904.)

189. Statement required as to price agreed upon for purchase. In all requests for authority to purchase land by voluntary agreement with the owner, the Chief of Engineers desires that officers specifically state, for the information of the Secretary of War, that the price agreed upon and recommended to be paid is reasonable and the best obtainable under all the circumstances. (Cir. 11, C. of E., 1904.)

190. Citations:

(a) For provisions of law regarding the acquisition of land for use in connection with the improvement of rivers and harbors, see 25 Stats., 94, or 1 Sup. R. S., 584; 25 Stats., 357, or 1 Sup. R. S., 601; and R. S. 355, 3736.

(b) In the absence of an appropriation for the works, or express authority from Congress, the Secretary of War is prohibited by R. S. 3736 from acquiring lands for river and harbor improvements. (Dig. Op., J. A. G., 1491.)

(c) The expense of procuring an abstract of title to land owned by the United States is payable from the appropriation for contingencies of the Department procuring the abstract. (5 Comp. Dec., 62.)

(d) In a suit in a United States court brought to condemn land for use in connection with the work of improving a river, the expenses of taking the jury to view the land are payable from the appropriation of the Department of Justice made for the expenses of United States courts, and not from the War Department appropriation for the improvement in connection with which the land is needed. (2 Comp. Dec., 201.)

(e) The owner of lands flooded by dams constructed in improving navigation is entitled to compensation for damages sustained by such flooding. The Secretary of War has authority, under the act of April 24, 1888 (25 Stats., 94; 1 Sup. R. S., 584), to purchase lands flooded by dams constructed in

river and harbor improvements, or the right to flood the same, and where springs are located on such lands this fact may properly be considered in determining the amount to be paid. (Dig. Op., J. A. G., 1492.)

(f) The Secretary of War is authorized to acquire, by purchase or condemnation, land, right of way, or material needed to maintain, operate, or prosecute works for the improvement of rivers and harbors when provision for the same has been made by law. But he can not lease land unless appropriation has been made to pay the rental thereof. He may permit the use of land under his control by revocable license or by lease under the act of July 28, 1892. (Dig. Op., J. A. G., 2307.)

(g) No public money to be expended upon any site or land purchased by the United States for the purposes of erecting thereon any armory, arsenal, fort, fortification, navy-yard, custom-house, light-house, or other public building, of any kind whatever, until the written opinion of the AttorneyGeneral is had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. (R. S. 355; A. R. 708.)

GENERAL CITATIONS AND CROSS REFERENCES.

191. (a) Every project for any special work to be accompanied by an itemized estimate of cost. (Par. II, G. O. 1, C. of E., 1868,—§ 6.)

(b) Public works to be inspected at least once a year, and, when completed, by an officer of the Corps of Engineers duly designated. (E. R. 9.)

(c) As to reports of names, etc., of civilian engineers employed on river and harbor works, to be submitted annually, see E. R. 19.

(d) Statements to be rendered annually at the close of the calendar year, showing balances in the Treasury pertaining to appropriations for river and harbor works. (Cir. 25, C. of E., 1903, § 335.)

(e) As to rendition of monthly and annual reports of operations, see Cir. 2, 1896, and Cir. 6, 1901, C. of E.,-§§ 38,

(f) For general provisions regarding contracts and other methods of procuring supplies and executing work in connection with river and harbor improvements, see G. O. 4, 1901; G. O. 3, 1902; and G. O. 5 and 6, 1905, C. of E.,-§§ 251–259.

(g) Officers in charge of river and harbor works in the United States to keep in their possession at any one time only so many surveying instruments as are in actual use, as may be needed for probable emergencies, or as will certainly be required for use within the next succeeding four months. (Cir. 6, 1871, and Cir. 15, 1904, C. of E.,-§ 364.)

(h) Appropriations for continuing the improvement of rivers and harbors, not being limited to a particular fiscal year and being made (by section 5 of the act of June 20, 1874) available until otherwise ordered by Congress, may be used for the payment of expenses properly incurred at any time after the work for which they are made was authorized. (2 Comp. Dec., 496.)

(i) An appropriation made for the improvement of a river by dredging the channel can not be used to build a training wall as a part of the improvement. (3 Comp. Dec., 32.)

(j) For certain provisions of law regarding navigation on the Great Lakes and their connecting and tributary waters, see act approved Feb. 8, 1895; 28 Stats., 645, or 2 Sup. R. S., 370.

(k) For provisions of law regarding harbor lines, see sec. 5, act of July 13, 1892 (27 Stats., 111, or 2 Sup. R. S., 30), and sec. 11, act of March 3, 1899 (30 Stats., 1151, or 2 Sup. R. S., 996.)

(1) For opinions of the Judge-Advocate-General of the Army regarding licenses granted by the United States to do certain acts on land owned by the Government, see Dig. Op., J. A. G., 1599-1616.

(m) For decision of the Comptroller of the Treasury regarding an exchange of old material for services, or articles, under act of June 13, 1902 (32 Stats., 373), see 9 Comp. Dec., 311,— § 370 7.

(n) For opinions of the Judge-Advocate-General as to what constitute navigable waters of the United States, see Dig. Op., J. A. G., 614, 1777.

24390-06-7

CHAPTER VII.

TRAVEL AND TRANSPORTATION.

TRAVEL BY OFFICERS.

192. Necessity for travel.-Applications to the Chief of Engineers for orders to travel, in addition to the requirements of General Orders, No. 3, 1880 H. Q. C. of E., (§§ 194, 195), will contain a certificate of the following form: "This travel is necessary for the public service." (Par. 1, G. O. 6, C. of E., 1882.)

193. General authority not to be given.-The regulations respecting orders to travel on duty contemplate that, as a rule, an order shall cover a single journey only. General authorities to officers to visit their works, or make other journeys at their discretion, will not be issued. (Par. 2, G. O. 6, C. of E., 1882.)

194. Prior order or subsequent approval necessary.Travel must be covered by a specific order issued prior to the commencement of the journey. Such orders will be issued only where the journey is on account of, and indispensable to, the public service.

Where urgent public duty requires travel without previous orders, the case must be reported without delay to the proper superior, whose approval, in subsequent orders, shall be accepted in lieu of a previous order in the case.

In every case where the necessity for a journey on duty connected with any of the works of the Engineer Department can be foreseen in time to receive an answer before the desired date of departure, the order contemplated in the above extract will be asked for.