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CHAPTER 24

ADMINISTRATION OF OATHS

General provision, 1334.

Oath of office, 1335.

Oaths in investigations, 1336.

Oaths to expense account, 1337.

Oaths required in settlement of officers' ac counts, 1338.

1334. Administration of oaths; general provision.-In all cases in which under the laws of the United States, oaths or acknowledgments may now be taken or made before any justice of the peace of any State or Territory, or in the District of Columbia, they may hereafter be also taken or made by or before any notary public duly appointed in any State. District, or Territory, or any of the commissioners of the circuit courts, and, when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace. R. S. 1778; U. S. C. 5: 92.

That in all cases in which, under the laws of the United States, oaths are authorized or required to be administered, they may be administered by notaries public duly appointed in any State, District, or Territory of the United States, by clerks and prothonotaries of courts of record of any such State, District, or Territory, by the deputies of such clerks and prothonotaries, and by all magistrates authorized by the laws of or pertaining to any such State, District, or Territory to administer oaths. Act of July 3, 1926 (44 Stat. 830); U. S. C. 5: 92a.

The office of commissioners of the circuit courts, mentioned in the first paragraph of this section, was abolished, and the appointment of United States commissioners, to have the same powers and perform the same duties as were theretofore imposed on the commissioners of the circuit courts, was authorized, by act May 28, 1896, sec. 19.

That judge advocates, adjutants of commands, etc., have no power to administer oaths generally, but their functions are confined to military purposes, see A. W. 114, ante, 472.

Notes of Decisions

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County of -," Sterrick v. Pugsley (C. C. 1874), Fed. Cas. No. 13,379.

Powers of notaries.-So far as notaries are concerned, this section embodies the substance of similar provisions in act of Sept. 16, 1850 (9 Stat. 458), sec. 1, act July 29, 1854 (10 Stat. 315), and sec. 20, act June 22, 1874 (18 Stat. 186), and was intended to give notaries in their respective States the same authority, in the administration of oaths, as are given under the laws of the United States to justices of the peace in the same States, and to notaries in a Federal judicial district the authority in administering oaths

same

which, under the laws of the United States, might be exercised by justices of the peace in such district. U. S. v. Curtis (1882), 107 U. S. 671.

Notarial seal.-A seal of a notary may be an impression made by the seal on paper, without wax or any other tenacious substance. Orr v. Lacy (C. C. 1847), Fed. Cas. No. 10,589.

The requisites of a notarial seal are determined by the law of the locality from which the official derives his authority, although it does not contain any device or words indicating any particular official. In re Phillips (D. C. 1876), Fed. Cas. No. 11.098, disapproving In re Nebe (D. C. 1875), Fed. Cas. No. 10.073, which held that the seal of a notary must bear his name and show his official character.

1335. Oath of office. The oath of office required by either of the two preceding sections may be taken before any officer who is authorized either by the laws of the United States, or by the local municipal law, to administer oaths, in the State, Territory, or District where such oath may be administered. R. S. 1758; U. S. C. 5: 18.

And the chief clerks of the several executive departments and of the various bureaus and offices thereof in Washington, District of Columbia, are hereby authorized and directed, on application and without compensation therefor, to administer oaths of office to employees required to be taken on their appointment or promotion. Act of Aug. 29, 1890 (26 Stat. 371); U. §. C. 5: 19.

Of the "two preceding sections" referred to, R. S. 1756 is not reproduced; for R. S. 1757, see 118, ante.

Notes of Decisions

oaths are intended except such as may be
taken in the only mode prescribed.
23 Op. Atty. Gen. 608, 611.

(1902)

Power of foreign consul.-The act is not complied with unless the oath be taken before an officer authorized to administer oaths by the laws of the United States. A foreign consul residing in Mexico has no such authority. Otterbourg v. U. S. (1869), 5 Ct. Cl. 430.

Construction. The territorial limitation prescribed by this section includes the District of Columbia, All the oaths, then, that are thus required to be taken may be taken in the United States. This would seem to operate, as many other provisions do operate, to limit the otherwise universal application of R. S. 1756, so that the requirement may be no broader than the permitted performance, and 80 that no 1336. Oaths in investigations. Any officer or clerk of any of the departments lawfully detailed to investigate frauds on, or attempts to defraud, the Government, or any irregularity or misconduct of any officer or agent of the United States, and any officer of the Army, Navy, Marine Corps, or Revenue Cutter Service detailed to conduct an investigation, and the recorder, and, if there be none, the presiding officer, of any military, naval, or Revenue Cutter Service board appointed for such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation. R. S. 183, as amended by the act of Feb. 13, 1911 (36 Stat. 898); U. S. C. 5: 93. This section, as enacted in the Revised Statutes, was amended by act Mar. 2, 1901, sec. 3, the amendment consisting principally in the insertion of a clause adding to the officers or clerks authorized to administer oaths to witnesses, "and any officer of the Army detailed to conduct an investigation, and the recorder, and, if there be none, the presiding officer of any military board appointed for such purpose.' The further amendment by act Feb. 13, 1911, cited above, inserted in the clause so added, after the word "Army," the words "Navy, Marine Corps, or Revenue Cutter Service," and between the words "military" and "board," the words "naval or Revenue Cutter Service," making the sec tion read as set forth here. See also A. W. 114, ante, 472.

Authority to administer an oath to any witness, on investigation of a shipwreck at tended with loss of life, was conferred on the officer or clerk of the Treasury Department detailed to conduct such investigataion, by sec. 9, act of June 18, 1878 (20 Stat. 164). By act of Jan. 28, 1915 (38 Stat. 800), the Revenue Cutter Service was made a part of the Coast Guard.

1337. Oaths to expense accounts.-After June thirtieth, nineteen hundred and twelve, postmasters, assistant postmasters, collectors of customs, collectors of internal revenue, chief clerks of the various executive departments and bureaus, or clerks designated by them for the purpose, the superintendent, the acting superintendent, custodian, and principal clerks of the various national parks and other Government reservations, superintendent, acting superintendents, and principal clerks of the different Indian superintendencies or Indian agencies and chiefs of field parties, are required, empowered, and authorized, when ré quested, to administer oaths, required by law or otherwise, to accounts for travel or other expenses against the United States, w ke force and effect as officers

having a seal; for such services when so rendered, or when rendered on demand after said date by notaries public, who at the time are also salaried officers or employees of the United States, no charge shall be made; and on and after July first, nineteen hundred and twelve, no fee or money paid for the services herein described shall be paid or reimbursed by the United States. Sec. 8, act of Aug. 24, 1912 (37 Stat. 487), making appropriations for sundry civil expenses; U. S. C. 5: 97.

The provisions of this section were extended to chief clerks, etc., in the offices of lighthouse inspectors, by a provision of sec. 7, act March 3, 1915 (38 Stat. 928).

Notes of Decisions

fee for administering oath as charge against United States.-The fee paid by an officer or employee to a notary or other officer for administering an oath does not constitute a proper charge against the

United States, and if charged in his account should not be allowed in the settlement thereof. (1889), 19 Op. Atty. Gen. 401.

1338. Oaths required in settlement of officers' accounts.-The Secretary of War is authorized to detail one or more of the employees of the War Department for the purpose of administering the oaths required by law in the settlement of officers' accounts for clothing, camp and garrison equipage, quartermaster's stores, and ordnance, which oaths shall be administered without expense to the parties taking them. R. S. 225; U. S. C. 10: 1303.

Provisions applicable to all the departments, as to administration of oaths by officers and clerks, were made by R. S. 183, 1336, ante, and the statutes referred to under that section.

51109-3057

CHAPTER 25

ORGANIZED RESERVES

Plans, policies, and regulations; general
provision, 1339.

Composition and organization, 1340.
Appointment of reserve officers:

Policies and regulations affecting, 1341.
Authority, 1342.

Age limits and citizenship, 1343.
Classes eligible, 1344.

From flying cadets, 1345.

From graduates of Reserve Officers' Train-
ing Corps, 1346.

Grades in which commissioned, 1347.
Period of service, 1348.

Time of war, 1349.

Assignment of reserve officers, 1350.

Commissions of reserve officers, 1351. National Guard commissions for reserve officers, 1352.

Detail of reserve officers to active duty:
General provisions, 1353.

Officers of the Air Corps Reserve, 1354.
To officer organizations of the Enlisted
Reserve Corps, 1355.

On committees of the War Department
General Staff, 1356.

To duty in the Militia Bureau, 1357.
To duty with the Regular Army, 1358.
Promotion and transfer of reserve officers,
1359.

Retirement rights of reserve officers, 1360.
Discharge of reserve officers, 1361.
Enlistment in the Enlisted Reserve Corps ;
term and qualifications, 1362.

Location and designation of units, 1363.
Headquarters and camps, 1364.
Voluntary service by reserve officers, 1365.
Training, 1366.

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Subject to

1339. Plans, policies, and regulations; general provision.revision and approval by the Secretary of War, the plans and regulations under which the initial organization and territorial distribution of * * the Organized Reserves shall be made, shall be prepared by a committee of the branch or division of the War Department General Staff, hereinafter provided for, which is charged with the preparation of plans for the national defense and for the mobilization of the land forces of the United States. For the purpose of this task said committee shall be composed of members of said branch or division of the General Staff and an equal number of reserve officers, including reserve officers who hold or have held commissions in the National Guard. * * Sec. 3a, added to the act of June 3, 1916, by sec. 3, act of June 4, 1920 (41 Stat. 760); U. S. C. 10: 37.

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All policies and regulations affecting the organization, distribution and training of * the Organized Reserves, shall be prepared by committees of appropriate branches or divisions of the War Department General Staff, to which shall be added an equal number of reserve officers, including reserve officers who hold or have held commissions in the National Guard, and whose names are borne on lists of officers suitable for such duty, submitted by the governors of the several States and Territories. For the purposes specified herein, they shall be regarded as additional members of the General Staff while so serving: ** * Sec. 5, act of June 3, 1916 (39 Stat.

167), as amended by sec. 5, act of June 4, 1920 (41 Stat. 763); U. S. C. 10: 38. 1340. Composition and organization.—For the purpose of providing a reserve of officers available for military service when needed, there shall be organized an Officers' Reserve Corps consisting of general officers, of sections corresponding to the various branches of the Regular Army, and of such additional sec

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