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747.
ThirtiethCongress,
SecondSession,
BE IT ENACTED
By the Senate and House of Representatives of the United States of America in Congress Assembled.
SecondSession,
BE IT ENACTED
By the Senate and House of Representatives of the United States of America in Congress Assembled.
That all moneys raised in Mexico by contributions, or otherwise, and received by any
officer of the United States Army or Navy, shall be charged against such officer,
on the books of the Treasury Department, and accounted for by him in like manner,
as if the moneys collected and received, had been drawn from the Treasury of the United
States; and if any part of said moneys, shall have been expended for objects not usually
embraced among those for which appropriations are made for that branch of the service
to which the officer belongs, the sums so expended, shall not be passed to the credit
of the officer, except, in the case of an officer of the Army, on the certificate
of the Secretary of War, that the amount expended was properly disbursed and for the
public service, and, in case of an officer of the Navy, on a like certificate of the
Secretary of the Navy; and on the adjustment of the accounts of the officer, if any
balance shall appear to remain in the hands of such officer, the same shall be paid
into the Treasury of the United States for general purposes. And any such officer
having such balance in his hands, who, after being duly required, shall refuse, or
neglect to pay over the same, or who shall, after due notice fail to settle his accounts,
shall be proceeded against in the same manner as is provided for by existing laws,
in the case of disbursing officers who neglect or refuse to account for moneys drawn
from the Treasury of the United States. And all moneys
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received by any officer, either as contributions or penalties, or as internal assessments
and compensation granted by the municipal authorities, as well as all sums received
by any officer or agent, acting as Collector, shall be charged to, and accounted for,
by such officer or agent, in the same manner as in other cases provided by this section.
Sec. 2. And be it further enacted, That where an officer has had the supervision of
the collection of the military contributions at any of the ports in Mexico, and has
at the same time, exercised civil functions, under the temporary government there
established, or where an officer, or other person shall have performed the duties
of Collectors at such ports, such officer or person shall be allowed a compensation,
which shall be assimilated in amount, as nearly as may be, including the regular pay
and emoluments of such officer, to that allowed by existing laws to officers of the
customs in the United States where the services are similar in amount and importance;
each allowance, in all cases to be determined by the President of the United States.
And all officers of the army and other persons in public employment who have received
payment for their services in collecting, keeping, or accounting for said monies and
for other necessary services, are authorized to retain so much of the amounts so received
as in the opinion of the President of the United States, may be a fair compensation
for said services.
Sec. 3. And be it further enacted, That where questions arise in respect to the refunding
of duties collected in Mexico, or the remission of penalties imposed, on the ground
that the collection was improper, or the penalties wrongfully enforced, the same shall
be referred for the decision of the Secretary of the Treasury, who is hereby author-
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ized ^1^ and required to pay ^under the direction of the President of the U States^ out of the money in the Treasury, raised from contributions, such sums as may be
determined by him to have been improperly levied or imposed as contributions, assessments
or penalties.
Sec. 4. And be it further enacted, That where accounts are rendered for expenditures,
under the approval and sanction of the proper officers, and which may appear to have
been proper and necessary, but cannot be settled for the want of appropriations applicable
to the objects to which they relate, the same may be paid out of the contribution
fund, on the approval of the head of the Department having charge of that branch of
business to which the expenditure appertains.
Sec. 5. And be it further enacted, That where expenditures have been made, in the
course of the war with Mexico, by the Commanding Generals, or under their directions,
for secret services, the accounts therefor shall be adjusted and settled in the same
manner as is provided for the settlement of accounts for expenses of intercourse between
the United States and foreign nations, under the act entitled “An act the means of
intercourse between the United States and foreign nations”, passed March nineteenth,
seventeen hundred and ninety eight.
Sec. 6. And be it further enacted, That where pursers of the Navy, acting under the
instructions of their Commanding Naval Officers, have made disbursments for hostile operations against the enemy on land, and which operations have been
approved by the government, such pursers shall, under the direction of the President
of the United States, be credited for the amounts thus necessarily disbursed; and
such parts thereof as shall have
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been received by officers of the Army, shall be charged and accounted for by them
respectively.
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03/01/1849
Clerk
03/01/1849
Passed the House of Representatives
March 1st AD. 1849.
Attest
Tho. J CampbellMarch 1st AD. 1849.
Attest
Clerk
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H. R. 747.
An Act To provide for the settlement of the accounts of public officers and others who may have received monies arising from military contributions or otherwise in Mexico.
An Act To provide for the settlement of the accounts of public officers and others who may have received monies arising from military contributions or otherwise in Mexico.
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Mch 3, Hampton
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03/03/1849
Secretary
03/03/1849
In Senate of the United States
March 3. 1849
Resolved, That this bill pass with an amendment
Attest
Asbury DickinsMarch 3. 1849
Resolved, That this bill pass with an amendment
Attest
Secretary
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Military
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Davis amendt
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amended & passed
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Hos. agree to Senate’s A.
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Clk
I certify the within Act passed both Houses.
Tho. J Campbel[l]
Clk
Partially Printed Document, 8 page(s), Volume Volume 2, RG 233, Entry 362: Records of the United States House of Representatives, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Bills and Resolutions Originating in the House, 1847-1849, NAB ,