been condemned for sale under this section, would be a sufficient compliance with the food and drugs act, and would show that it was not sold under any professed standard, and would not be deemed either adulterated or misbranded under, sections 7 and 8 of the food and drugs act. But a sale of such condemned drugs and medi cines could in no respect affect the original makers or vendors from whom they were purchased before the passage of the food and drugs act, unaccompanied by any guaranty under that act, and at a time previous to their deterioration. (1908) 26 Op. Atty. Gen. 547. 797. Sale of war supplies during the war with Germany.-That during the existing emergency the President be, and he hereby is, authorized, in his discretion, and upon such terms as he shall deem expedient, through the head of any executive department, to sell any supplies, materials, equipment or other property heretofore or hereafter purchased, acquired, or manufactured by the United States in connection with, or incidental to, the prosecution of the war, to any person, partnership, association, or corporation, or to any foreign State or Government engaged in war against any Government with which the United States is at war; and any moneys received by the United States as the proceeds of any such sale shall be covered into the Treasury of the United States and a full report of the same shall be forthwith submitted to Congress. Act of May 10, 1918 (40 Stat. 548). That the President be, and he hereby is, authorized, through the head of any executive department, to sell, upon such terms as the head of such department shall deem expedient, to any person, partnership, association, corporation, or any other department of the Government, or to any foreign State or Government, engaged in war against any Government with which the United States is at war, any war supplies, material and equipment, and any by-products thereof, and any building, plant or factory, acquired since April sixth, nineteen hundred and seventeen, including the lands upon which the plant or factory may be situated, for the production of such war supplies, materials, and equipment which, during the present emergency, may have or may hereafter be purchased, acquired, or manufactured by the United States: Provided further, That a detailed report shall be made to Congress on the first day of each regular session of the sales of any war supplies, matériel, lands, factories, or buildings, and equipment made under the authority contained in this or any other Act, except sales made to any foreign State or Government engaged in war against any Government with which the United States is at war, showing the character of the articles sold, to whom sold, the price received therefor, and the purpose for which sold: * * Act of July 9, 1918 (40 Stat. 850), making appropriations for the support of the Army. 798. Sale of surplus war supplies after the armistice with Germany.Provided further, That in addition to the delivery of the property heretofore authorized to be delivered to the Public Health Service, the Department of Agriculture and the Post Office Department of the Government, the Secretary of War be, and he is hereby, authorized to sell any surplus supplies including motor trucks and automobiles now owned by and in the possession of the Government for the use of the War Department to any State or municipal subdivision thereof, or to any corporation or individual upon such terms as may be deemea best. Act of July 11, 1919 (41 Stat. 105), making appropriations for the support of the Army: Contingencies of the Army. That the commissioners and other responsible officials, in expending appropriations contained in this Act, so far as possible, shall purchase material, supplies, including food supplies and equipment, when needed and funds are avail ** of the executive 55 Commastoners of the wete pazetary of the Treasury in con Kompany of material, supplies, and equipment Art of Mar. 3, 1921 (41 Stat. 1265), making appropriations for legislative, executive, and judicial expenses: Treasury Department. See note to 798, ante. Similar provision appears in previous appropriation acts. Sec. 6, act of June 5, 1920 (41 Stat. 873), directs that the officials of the District of Columbia shall so far as possible purchase material and supplies from the various services of the Government of the United States. 800. Sales to the Post Office Department. That the Postmaster General and other responsible officials, in expending appropriations contained in this Act, so far as possible shall purchase material, supplies, and equipment, when needed and funds are available, from the various services of the Government of the United States possessing material, supplies, and equipment no longer required because of the cessation of war activities. It shall be the duty of the Postmaster General and other officials, before purchasing any of the articles described herein, to ascertain from the other services of the Govern ment whether they have articles of the character described that are serviceable. And articles purchased from other services of the Government, if the same have not been used, shall be paid for at a reasonable price not to exceed actual cost, and if the same have been used, at a reasonable price based upon length of usage. The various services of the Government are authorized to sell such articles to the Postal Service under the conditions specified and the proceeds of such sales shall be covered into the Treasury as a miscellaneous receipt. Sec. 4, act of Feb. 28, 1919 (40 Stat. 1200), making appropriations for the service of the Post Office Department. 801. Sales of Army stores to military schools.-That, under such regulations as the Secretary of War may prescribe, educational institutions to which an officer of the Army is detailed as professor of military science and tactics may purchase from the War Department for cash, for the use of their military students, such stores, supplies, matériel of war, and military publications as are furnished to the Army, such sales to be at the price listed to the Army with the cost of transportation added: Provided, That all moneys received from the sale of stores, supplies, matériel of war, and military publications to educational institutions to which an officer of the Army is detailed as professor of military science and tactics shall respectively revert to that appropriation out of which they were originally expended and shall be applied to the purposes for which they are appropriated by law. Act of July 17, 1914 (38 Stat. 512). Provision for the issuance of ordnance and ordnance supplies and stores upon the giving of bonds for the care and safe-keeping thereof was made by R. S. sec. 1225, as amended, post, 866, 868, 2366. The Secretary of War was authorized under such rules and regulations as he may prescribe to issue arms, tentage, and equipment to schools and colleges having a course of military training, prescribed by him, by sec. 35, act of June 4, 1920 (41 Stat. 780), 866, post. 802. Sale of stores to the Panama Canal.The Governor of the Panama Canal, so far as the expenditure of appropriations contained in this Act may be under his direction, shall purchase needed materials, supplies, and equipment from available surplus stocks of the War Department; Act of Mar. 3, 1921 (41 Stat. 1352), making appropriations for fortifications, etc., Panama Canal fortifications. Provided further, 803. Surplus incidental to vocational training.—* That farm products and the increase in live stock (including fowls) which accrue as incidental to vocational training in agriculture and animal husbandry, may be sold under such regulations as the Secretary of War may prescribe and the proceeds of such sales shall be deposited in the Treasury of the United States to the credit of miscellaneous receipts. Act of June 5, 1920 (41 Stat. 966), making appropriations for the support of the Army: Vocational training. 804. Statement of sales submitted to Congress.-A detailed statement of the proceeds of all sales of old material, condemned stores, supplies, or other public property of any kind shall be included in the appendix to the book of estimates. R. S. 3672. Section thirty-six hundred and seventy-two is amended by inserting, in the third line, after the word " kind," the words "except materials, stores, or sup plies sold to officers and soldiers of the Army, or to exploring or surveying expeditions authorized by law." Act of Feb. 27, 1877 (19 Stat. 249), amending R. S. 3672. Hereafter the statement of the proceeds of all sales of old material, condemned stores, supplies, or other public property of any kind shall be submitted to Congress at the beginning of each regular session thereof as a separate communication and shall not hereafter be included in the annual Book of Estimates. Sec. 6, act of June 25, 1910 (36 Stat. 773), making appropriations for sundry civil expenses. Statements of all money arising from proceeds of public property or other sources, and of payments from such funds, must be submitted to the Secretary of the Treasury. See 269, ante. 805. Trade in captured or abandoned property.-All persons in the military or naval service of the United States are prohibited from buying or selling, trading, or in any way dealing in captured or abandoned property, whereby they shall receive or expect any profit, benefit, or advantage to themselves, or any other person, directly or indirectly connected with them; and it shall be the duty of such person whenever such property comes into his possession or custody, or within his control, to give notice thereof to some agent, appointed by virtue of this Title, and to turn the same over to such agent without delay. Any officer of the United States, civil, military, or naval, or any sutler, soldier, or marine, or other person who shall violate any provision of this section, shall be deemed guilty of a misdemeanor, and shall be fined not more than five thousand dollars, and imprisonment in the penitentiary not more than three years. Violations of this section shall be cognizable before any court, civil or military, competent to try the same. R. S. 5313. Notes of Decisions. Captured and abandoned property.-Property is captured on land when seized or taken from hostile possession by the military forces under orders from a commandofficer. Lamar v. Browne (1875), 92 U. S. 187, 193, 23 L. Ed. 650. Where property was seized and sold, and the proceeds paid into the United States Treasury, under the captured and abandoned property act, the question whether the property was in fact captured or abandoned is not open to litigation in the courts, but the only remedy of the person claiming to be the owner is by a proceeding for the proceeds in the Court of Claims. ChamberIain v. Stanton (C. C. 1875) Fed. Cas. No. 2,579. Surrender of captured personal property to former owner.-Where property of a disloyal person was seized by the military forces of the Government during the Civil War, and no proceedings by way of forfelture, condemnation, sales, etc., were had concerning it as would divest his title or any portion of it, and transfer it to third persons or to the United States, then a subsequent pardon restores to him his plenary title. The Secretary of War has authority to surrender certain personal effects in his official possession, formerly belonging to Jefferson Davis, to the latter's personal representatives. 30 Op. Atty. Gen. 246. 806. Delaying or defrauding captor, etc., of prize property.-Whoever shall willfully do, or aid or advise in the doing, of any act relating to the braging in, custody, preservation, sale, or other disposition of any property captured as prize, or relating to any documents or papers connected with the property, or to any deposition or other document or paper connected with the proceedings, with intent to defraud, delay, or injure the United States or any captor or claimant of such property, shall be fined not more than ten thousand dollars, or imprisoned not more than five years, or both. Sec. 38, Criminal Code, act of Mar. 4, 1909 (35 Stat. 1096). 807. Certificate of loss due to an accountable officer.-That instead of forwarding to the accounting officers of the Treasury Department returns of public property intrusted to the possession of officers or agents, the QuartermasterGeneral, the Commissary-General of Subsistence, the Surgeon-General, the Chief of Engineers, the Chief of Ordnance, the Chief Signal Officer, the Paymaster-General of the Navy, the Commissioner of Indian Affairs, or other like chief officers in any Department, by, through, or under whom stores, supplies, and other public property are received for distribution, or whose duty it is to receive or examine returns of such property, shall certify to the proper accounting officer of the Treasury Department, for debiting on the proper account, any charge against any officer or agent intrusted with public property, arising from any loss, accruing by his fault, to the Government as to the property so intrusted to him. Sec. 1, act of Mar. 29, 1894 (28 Stat. 47). That said certificate shall set forth the condition of such officer's or agent's property returns, that it includes all charges made up to its date and not previously certified, that he has had a reasonable opportunity to be heard and has not been relieved of responsibility; the effect of such certificate, when received, shall be the same as if the facts therein set forth had been ascertained by the accounting officers of the Treasury Department in accounting. Sec. 2, act of Mar. 29, 1894 (28 Stat. 47). That the heads of the several Departments are hereby empowered to make and enforce regulations to carry out the provisions of this act. Sec. 4, act of Mar. 29, 1894 (28 Stat. 47). That all laws or parts of laws inconsistent with the provisions of this act are hereby repealed. Sec. 5, act of Mar. 29, 1894 (28 Stat. 47). Notes of Decisions. Effect of certificate under this act.-A certificate of the proper auditor, authenticated in accordance with R. S. sec. 886, ante, 364, showing a balance audited against an officer on a certificate made under this act makes a prima facie case in a suit by the Government against him for the value of property unaccounted for, both as to the property and its value, charged at its cost to the Government. U. S. v. Du Perow (D. C. 1913), 208 Fed. 895. (See U. S. v. Patrick, 73 Fed. Rep. 800.) 808. Accountable officer to have opportunity to relieve himself from liability.That the manner of making property returns to or in any administrative bureau or department, or of ascertaining liability for property, under existing laws and regulations, shall not be affected by this Act, except as provided in section one; but in all cases arising as to such property so intrusted the officer or agent shall have an opportunity to relieve himself from liability. Sec. 3, act of Mar. 29, 1894 (28 Stat. 47). Secs. 1303 and 1304, R. S., post, 1615, 1616, require that deficiency in or damage to any article of military supplies and repairs or damages to arms, etc., due to negligence |