First Comptroller-Continued.

POWERS OF — :

Inserts in warrants a direction to the Treasurer to deliver, to the
claimant or his attorney specified, the draft issued to make pay-
ment...

May give directions for payment of money in certain cases. (See COMPTROLLERS.)

Forms.

Page.

13

13, note.

ACKNOWLEDGMENT:

To power of attorney, sources to be consulted in drawing

.277, note.

Power of attorney; authority by resolution; authority under by

Authority by resolution for the-....

LETTER FOR CONVERSION OF COUPON INTO REGISTERED BONDS:.

LETTER TRANSMITTING BONDS FOR TRANSFER:....

POWER OF ATTORNEY:

324

317

322

Granting authority to collect claims against the United States, &c.. 273-277
To collect interest-checks......

323

To prosecute pension claims

284

RECEIPT:

Supervisor of election's-....

173, note.

REQUEST FOR CAVEAT AGAINST TRANSFER OF REGISTERED BONDS:.
REQUISITION:

326

134

G.

Government. (See UNITED States.)

н.

House of Representatives.

POWERS OF -:

As to investigations; as to construction, for purpose of amendment of
law

Hydrometers.
INSPECTION OF --:

No authority exists to detail a clerk of the Treasury Department to
inspector other machinery at a distillery. Reasons....

287

128, 129

Page.

I.

Indians. (See REAL ESTATE.)

Interest.

ARISING BY USAGE OR CONTRACT:

Difference as to interest arising (1) by usage or (2) on contract......148, note. COMPOUND: (See PAYABLE WHEN, post.)

NOT PAYABLE, WHEN:

A claimant, who presents to the Secretary of the Treasury for pay-
ment a claim duly allowed and who, by compromise, assents to
a set-off against the same, is not entitled to interest on the resi-
due of his claim, the payment of which is delayed in effecting the
compromise. (Act March 3, 1875, 18 Stat., 481). ... ... ... ... .... ... ... ... ..... 137, 147-149
Rev. Stats., sec. 3220, gives a right, on proper allowance, to pay-

ment of the amount for which final judgment has been rendered
against a collector of internal revenue, but not to any interest
thereon...

137, 146-149

When a case has been taken from the circuit court to the Supreme
Court on writ of error, and the latter court affirms the judgment
of the lower court, interest is not allowable during the period of
an unnecessary delay in entering the mandate

ON COSTS OF SUIT:

Rule as to date when interest begins

PAYABLE, WHEN:

137

152, 153

Under the act of March 3, 1875 (18 Stat., 481), interest is only - the
Secretary of the Treasury has, ou the presentation to him for
payment of a claim “duly allowed,” claimed a set-off against it of
a larger sum than was due, from the claimant to the United States,
and this has been determined in a suit brought against the claim-
ant to recover the amount demanded by way of set-off ......137, 147-149
When, in the circuit court, interest is carried into a judgment and

such judgment is, upon a writ of error, affirmed by the Supreme
Court, and a mandate is directed to the court below to carry such
judgment into effect with interest thereon, the interest so com-
pounded is generally to be paid..................

RATE OF:

137, 147

A legislative act may change the prescribed by a pre-existing
statute on causes of action in tort given by statute, even though
an action be pending thereon. General discussion ... ... 137, 142-146

RIGHT TO:

A vested right, which cannot be divested by a legislative act, when
it is expressly or impliedly granted by a contract.
cussion

SPECIAL CASE CONCERNING:

New York and Hudson River Railroad Company's case.

ticularly foot-note on pages 151-153..

(See UNITED STATES BONDS.)

General dis

137, 142-146

Note par

137-153

July 4, 1864, 13 Stat., 417, No 77, additional income-duty.

Feb. 28, 1867, 14 Stat., 569, additional compensation to certain em

217

ployés in the civil service of the Government at Washington .... ... 154, 197

Joint resolutions-Continued.

June 14, 1878, 20 Stat., 254, Washington Monument. Use of the ap

propriation

April 16, 1880, 21 Stat., 304, payment of wages to employés in the
Government Printing Office for legal
holidays

March 3, 1881, 21 Stat., 522, salaries of Government employés in the
District of Columbia ...

May 13, 1884, 23 Stat., 272, Washington Monument dedication cere-
monies, &c ...

Jan. 6, 1885, 23 Stat.,-. Holidays of Government employés

Judgments.
CONCLUSIVE, AS BETWEEN WHOM:.....

DEFINITION OF-:

A judgment is the highest contract known to law, and as such is
beyond legislative control or interference. (But see limitation
thereon, page 143)

FINAL-:

Definition of, under Rev. Stat., sec. 988.. INTEREST ON —: (See separate title, INTEREST.)

LIABILITY ON — :

Page.

130

129

130

130

130

149

142

137, 149

... 149, 150

Discussion of whether or not the United States Government is liable
for the whole amount of a judgment rendered against a collector
of internal revenue, or whether it is competent to go back of the
judgment.....
Rev. Stat., sec. 3220, creates, on proper allowance, an obligation to
pay the amount for which final judgment has been rendered
against a collector of internal revenue, but not to any interest
thereon...

(See UNITED STATES, subtitle, quære.)

LIEN ON: (See ATTORNEYS AT LAW, subtitle, no lien, &c.)

NOT CONCLUSIVE, WHEN:

137, 146-149

When there is a series of successive claims, a judgment in a suit for
one of such claims cannot conclude suits for claims accruing sub-
sequently to the suit. Illustrations.

230

(See REGULATIONS, subtitle, Treasury De

PAYMENTS UNDER-: (See LIABILITIES ON —, supra.)

REGULATIONS CONCERNING:

partment's.)

WHEN -NOT RES ADJUDICATE: (See RES ADJUDICATA.)

(See CONSTRUCTION; UNITED STATES, subtitle, liabilities of -.) Judges.

LIMITATIONS ON POWERS OF:

Cannot review action of accounting officers, when.......

Jurisdiction. (See AccOUNTING OFFICERS.)

On the revision of the laws (Rev. Stat.). Extract quoted....

163, note.

Legal representatives.

RECOGNITION OF―: (See TREASURY DEPARTMENT.)

RIGHTS OF―:

A claim due the decedent, at the time of his death, passes to the legal
representatives...

1,14

Page.

Liens.

ATTORNEY'S-ON JUDGMENTS:

General discussion of subject....

CANNOT BE ENFORCED, WHEN:

.....

.15, 17, note.

18

17, 199-201

Executive officers cannot, by any process, enforce a lien. Reasons..
DEFINITIONS OF -:
ENFORCED, HOW-:

By courts, as between private persons, and when they can obtain pos-
session of the fund by process. But courts cannot make an offi-
cer of the Treasury a party and direct him to pay money under
its order....

EQUITABLE TITLE, WHEN:

Liens existing on a judgment or on money received seem to be a
species of equitable titles to a definite undivided interest therein
to the extent of the claim....

KINDS OF —:
Attorneys-at-law's liens also are either (1) charging liens or (2) retain-
ing liens. These may arise either (a) by contract or (b) as a com-
mon law privilege. Discussion of the subject......

PROHIBITED, WHEN —:

18

201

197, 205-209

A contract purporting to give a lien to the extent of vesting a right
in the attorney to appropriate to himself any part of such fund
before its payment to the client, is prohibited by Rev. Stat., sec.
3477....

QUERE:

Is a retaining lien void on grounds of public policy?

RECOGNITION OF-:

No lien can be recognized by executive officers. Reasons... VESTED, HOW:

197, 204, 209

.275, note.

Inchoate rights are vested as liens, sometimes, between private par-
ties, by aid of a court of equity......

WAIVER OF—:

A lien is waived when an agent accepts the personal credit of the
principal..

209-211

199

197, 207, 208, 209

It seems that, in Creecy's case, the contract is a of the attorney
as a common-law privilege...

WHAT NOT A CONTRACT — LIEN:

197

A personal agreement, by which a client agrees to pay a fixed per
cent, of the amount of a claim against the United States, to his
attorney for collecting it, does not create a contract lien on the
fund thus secured when the attorney is not in possession of the
money realized...................
.... 197, 201-203

An attorney has no lien on a Treasury draft issued to satisfy a cli-
ent's claim and hence no right to demand possession of it. Rea-

sons.......

(See ATTORNEYS AT LAW, subtitle no lien in favor of—.)

197, 209, 272

Marine Corps.

M.

COMPENSATION OF:

After payment of past due salaries, under act of July 7, 1884 (23
Stat., 262) the balance remaining unexpended is available to pay
officers and men of the Marine Corps for — accruing since De-
cember 31, 1884. Reasons....

(See NAVY.)

27-33

As disbursing officers, subject to the proper supervision of the Attor-
ney-General, generally pay supervisors of election and special
deputy marshals for their services, on accounts submitted to and
approved by the proper court....

Must appoint special deputy marshals, when.

Same as those of special deputy marshals in election matters.... POWERS OF:

155, 157, 187

A marshal, subject to the directions of the Attorney-General, is the
exclusive judge of the period of time during which he will require
the service of special deputy marshals, in the actual performance
of official duties, not exceeding ten days, the maximum time
fixed by statute, even though a few of the days of service are
after the election. Reasons

Appoint deputy marshals.....

177

176

156, 188-190

190

Each marshal of a district, subject to authorized directions of the Attorney-General, is the sole judge of the necessity of appointing special deputy marshals and of the number which he will appoint. May appoint one of his general deputies as a special deputy in a city or town for a period not exceeding ten days. 156, 176, 177, 178, 184-188 Same as those of special deputy marshals, in election cases.. Maxims. (See CONSTRUCTION.)

176

After payment of past due salaries, under act of July 7, 1884 (23 Stat.,
262), the balance remaining unexpended is available to pay offi-
cers and men of the Navy for-accruing since December 31, 1884.
Reasons

(See APPROPRIATIONS.)

PAY OF: (See APPROPRIATIONS; COMPENSATION, supra; MARINE
CORPS.)

Navy Department. (See REGULATIONS, subtitle, limitations on

-.)

0.

Oaths.

DIFFERENCE BETWEEN AND AFFIDAVITS:

Officers.

AFFIDAVITS OF -:

Fees for taking

should be paid by the Government, when......
CHIEF SUPERVISORS OF ELECTIONS: (See separate title.)
CLERKS:

Are officers, at such rate of compensation as may be appropriated for
by Congress. The head of a department cannot vary the con-
tract of employment. The sole power over is to prescribe regu-
lations for their conduct [of business]. - may be removed but
cannot hold an office and not do its duties. Nor can - - be de-
prived of the salary the law gives them.....

Cannot relieve themselves of the prohibitions of Rev. Stat., sec. 1765,
by a leave of absence without pay. Reasons...

236, 237

27-33

103

104

76

.76, 77, 79