* 543. Disbursing clerks.-The disbursing clerks authorized by law in the several departments shall each give a bond to the United States for the faithful discharge of the duties of his office according to law in such amount as shall be directed by the Secretary of the Treasury, and with sureties to the satisfaction of the Solicitor of the Treasury; and shall from time to time renew, strengthen, and increase his official bond, as the Secretary of the Treasury may direct. R. S. 176; U. S. C. 5: 44. cases. * * The official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such and such acting officer shall be required by the head of the department, independent bureau, or office, to give bond to and in such sum as the disbursing clerk or disbursing agent may require. Sec. 8, act of Mar. 4, 1909 (85 Stat. 1027) ; U. S. C. 31 : 494. Notes of Decisions Bond. The premium to be paid on bond of an acting or deputy disbursing clerk is not governed by act of Aug. 5, 1909 (36 Stat. 125), 528, ante, relating to bonds running to the United States, and the rate may therefore be whatever the principal and surety agree upon; but the surety on such a bond should be one authorized by 532-534, ante, or such personal surely as may be acceptable to the proper authorities. (1909), 27 Op. Atty. Gen. 624. 544. Officers of the Quartermaster and Finance Departments.-All officers of the Quartermaster's, Subsistence, and Pay Departments, the chief medical purveyor, and assistant medical purveyors, and all storekeepers shall, before entering upon the duties of their respective offices, give good and sufficient bonds to the United States, in such sums as the Secretary of War may direct, faithfully to account for all public moneys and property which they may receive. The President may, at any time, increase the sums so prescribed. But the Quartermaster General shall not be liable for any money or property that may come into the hands of the subordinate officers of his department. R. S. 1191, as amended by act of Feb. 27, 1877 (19 Stat. 243); U. S. C. 10: 1312. * Provided further, That hereafter the provision of section eleven hundred and ninety-one of the Revised Statutes of the United States may, in discretion of the Secretary of War, be waived in the cases of officers of the Quartermaster Corps who are not accountable for public funds or public property. See. 1, act of Aug. 29, 1916 (39 Stat. 626), making appropriations for the support of the Army; U. S. C. 10: 1313. * The President is authorized, if in his opinion the interest of the United States requires 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. R. S. 3639; U. S. C. 31: 521. By act of Sept. 21, 1922 (42 Stat. 974), naval officers of customs were designated "comptrollers of customs." By act of Mar. 3, 1925 (43 Stat. 1145), the offices of "register" and "receiver" of public lands were consolidated. By act of Aug. 24, 1912 (37 Stat. 591), the office of the commissary general was consolidated with that of the Quartermaster General. By act of Apr. 27, 1914 (38 Stat. 356), the Chief of the Quarmaster Corps was designated "Quartermaster General of the Army." The Finance Department was created by enactment embodied in 68, ante. Notes of Decisions Necessity of bond.-The appointment of a paymaster is complete when he is appointed by the President and confirmed by the Senate, and the giving of a bond is a mere ministerial act for the security of the Government, and not a condition precedent to his authority to act as a paymaster. U. S. v. Bradley (1836), 10 Pet. 343, 364; Same v. Linn (1841), 15 Pet. 290, 313. The failure of a disbursing officer to give a bond does not preclude him from relief for lost funds. Wood v. U. S. (1889), 25 Ct. Cl. 98. Validity and effect of bond.-A bond may properly be required from a property and disbursing officer," although no bond is required by statute, provided that the consideration or condition of the bond must not be in violation of law, must not run counter to any statute, and must not be either malum prohibitum or malum in se. Moses v. U. S. (1897), 166 U. S. 571, 586. The compensation of a paymaster in the Army runs from the date of the acceptance of his appointment, not from the date of approval of his bond. (1878), 16 Op. Atty. Gen. 58. Form of bond.-This section merely prescribes the form and purport of the bond to be taken of paymasters by the War Department, and does not declare that all other bonds not taken in the prescribed form shall be void, and a bond conforming to the act and containing additional provisions is valid, so far as it is in conformity with the act. U. S. v. Bradley (1836), 10 Pet. 343, 364. See (1885), 18 Op. Atty. Gen. 274, holding that, where the form of the bond is not prescribed by statute, its form may be determined by the officer whose duty it is to approve the same. Blanks in instrument.-A printed form of bond, with blanks left therein, signed by persons who had consented to become suretles, the blanks being subsequently filled out without express authority from them and subsequently accepted by the United States was not a valid bond as to the sureties. U. S. v. Nelson (C. C. 1822), Fed. Cas. No. 15862. Extent of liability on quartermaster's bond. A bond by a battalion quartermas ter conditioned "to expend faithfully all public moneys and to account for all public property" requires an accounting, not with the Quartermaster General but the Treas ury Department, and the obligation extends to moneys as well as property and to expenditures made by the obligor while acting as a deputy of the Quartermaster General. U. S. v. Lent (C. C. 1825), Fed. Cas. No. 15593. Accrual of liability on paymaster's bond.The debt of a paymaster to the United States is created by the advances made to him and not at the time of striking a balance of accounts against him on the Treasury books; and his surety becomes a debtor as soon as the paymaster fails to account according to law. U. S. v. Clark (C. C. 1826), Fed. Cas. No. 14807. Extent of liability on paymaster's bond.The sureties of the official bond of a regimental paymaster are not liable for his failure to account for funds placed in his hands after six months' neglect to account for funds previously placed in his hands. U. S. v. Vanzandt (C. C. 1822), Fed. Cas. No. 16611. The sureties on a paymaster's bond are liable for the penalty named therein, and for interest thereon from the commencement of the suit to the entry of judgment. U. S. v. Meeker (D. C. 1873), Fed. Cas. No. 15757. Funds for the support of the Army raised by individual contribution are not public funds within the bonds of disbursing officers. (1877) 15 Op. Atty. Gen. 209. Discharge of surety on paymaster's bond.The omission of the proper officer to recall a delinquent paymaster does not discharge his surety. U. S. v. Vanzandt (1826), 11 Wheat. 184, 188. Action on paymaster's bond.-Certified copies of a regimental paymaster's account and of his bond are competent evidence in an action against sureties. U. S. v. Vanzandt (C. C. 1822), Fed. Cas. No. 16611. 545. Deputies of disbursing officers.-' Provided, That every deputy so designated for a disbursing officer who is bonded shall, if not already under bond, give bond as required by the head of the department concerned. Act of July 3, 1926 (44 Stat. 888); U. S. C. 31: 103a. 546. Special disbursing agents.-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 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. R. S. 3614; U. S. C. 31: 481. Notes of Decisions Liability of disbursing officer.-The forcible seizure by public enemies of public moneys in the hands of a Government agent against his will and without his fault is a sufficient discharge from the obligation of his official bond. U. S. v. Thomas (1872), 15 Wall. 337, 341. A disbursing officer's liability is as great as that of a common carrier, and in some respects greater. Boggs v. U. S. (1909), 44 Ct. Cl. 367. That money was never in the Treasury is immaterial, inasmuch as it was public money, and the receiver's bond expressly bound him to account for all public moneys coming into his hands. (1891), 20 Op. Atty. Gen. 24. Necessity for bond.-It is in the discretion of the President whether or not to require bonds of an officer of the Engineer Corps employed as disbursing agent of the Government. (1853), 6 Op. Atty. Gen. 24. Form of bond.-Where, during temporary absence of Secretary and Assistant Secretaries, chief clerk of Department of Interior, by authority of the Secretary, designated a special disbursing agent, under act of Mar. 4, 1911 (56 Stat. 1213), the bond should so show. (1911) 29 Op. Atty. Gen. 273. Validity of bonds.-A bond extorted against the requirements of statute is illegal. U. S. v. Tingey (1831), 5 Pet. 115, 127. A voluntary bond held binding, though Id. not prescribed by positive law. Though the small penalty named in an official bond may show that it was not supposed the officer would have such large sums to disburse as in fact came to his hands, that fact forms no defense to an action on the bond. Moses v. U. S. (1897), 166 U. S. 571. The Government may, through the head of a department, take bond from a disbursing officer, though there be no law or general regulation requiring it; and a bond is none the less a voluntary bond because demanded by the superior officer, if not illegally extorted. Id. Defenses. The acceptance by the United States of a new bond from a receiver of public money is no satisfaction for the damages accruing for the breach of the condition of the old bond. U. S. v. Girault (1850), 11 How. 22, 29. Liability on bond.-Surety on bond of departmental disbursing agent held liable for money drawn on his official check, though not presented for payment until after his resignation. U. S. v. Maryland Casualty Co. (C. C. A. 1924), 299 Fed. 942. * 547. Property and disbursing officers of the United States.Before entering upon the performance of his duties as property and disbursing officer he shall be required to give good and sufficient bond to the United States, the amount thereof to be determined by the Secretary of War, for the faithful performance of his duties and for the safe-keeping and proper disposition of the Federal property and funds intrusted to his care. Sec. 67, act of June 3, 1916 (39 Stat. 200); U. S. C. 32: 49. 548. Officers of the National Guard. Provided further, That officers of the organized militia who may hereafter be furnished, under proper authority, with funds for the purchase of coffee, or other components of the travel ration for the use of their respective commands, shall not be required to furnish bonds for the safe-keeping and disbursement of the same. Act of May 11, 1908 (35 Stat. 117); U. S. C. 32: 48. 549. Property loaned to educational institutions.-* He shall require from each institution to which property of the United States is issued a bond in the value of the property issued for the care and safe-keeping thereof, except for uniforms, expendable articles, and supplies expended in operation, maintenance, and instruction, and for its return when required. Sec. 47, act of June 3, 1916 (39 Stat. 193) as amended by sec. 34, act of June 4, 1920 (41 Stat. 777); U. S. C. 10: 389. The section cited provides for issue of Government property by the Secretary of War to educational institutions maintaining units of the Reserve Officers' Training Corps. See 1956, post. Bonds are also required to insure the care and safe-keeping of ordnance and ordnance stores, and quartermaster supplies, issued to educational institutions. See 1952, 1953, 1955, post. Provided, That a bond shall not 550. Same; District of Columbia.—* be required on account of military supplies or equipment issued by the War Department for military instruction and practice by the students of high schools in the District of Columbia. Sec. 1, act of Feb. 25, 1929 (45 Stat. 1278), making appropriations for the District of Columbia. A similar provision has appeared in prior appropriation acts, 551. Citizenship; persons born in the United States. All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. R. S. 1992; U. S. C. 8:1. 552. Same; Indians.-That all noncitizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property. Act of June 2, 1924 (43 Stat. 253); U. S. C. 8: 3. That every American Indian who served in the Military or Naval Establishments of the United States during the war against the Imperial German Government, and who has received or who shall hereafter receive an honorable discharge, if not now a citizen and if he so desires shall, on proof of such discharge and after proper identification before a court of competent jurisdiction, and without other examination except as prescribed by said court, be granted full citizenship with all the privileges pertaining thereto, without in any manner impairing or otherwise affecting the property rights, individual or tribal, of any such Indian or his interest in tribal or other Indian property. Act of Nov. 6, 1919 (41 Stat. 350); U. S. C. 8: 3. 553. Same; Hawaiians.-That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii. And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight, and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii. Seo. 4, act of Apr. 30, 1900 (31 Stat. 141); U. S. C. 8:4. 554. Same; Porto Ricans.-That all citizens of Porto Rico, as defined by section seven of the Act of April twelfth, nineteen hundred, " temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," and all natives of Porto Rico who were temporarily absent from that island on April eleventh, eighteen hundred and ninety-nine, and have since returned and are permanently residing in that island, and are not citizens of any foreign country, are hereby declared, and shall be deemed and held to be, citizens of the United |