FOREST RESERVATIONS See TIMBER LANDS AND FOREST RESERVES FOREST TRANSFER ACT See TIMBER LANDS AND FOREST RESERVES FORFEITURE ACT See PUBLIC LANDS FORGERY See PENAL LAWS FRAUD For fraud in connection with the various departments of the government, consult the General Index FREE COINAGE OF GOLD ACT FREEDMEN R. S. 2032. Certain Acts Continued in Force, 409. R. S. 2033. Such Laws to Be Enforced by Secretary of War, 409. R. S. 2034. Accounts for Expenditures, etc., to Be Paid from What Fund, and How, 409. R. S. 2037. Who to Be Deemed Wife and Children of Colored Soldiers, 410. Act of March 3, 1879, ch. 182, 410. Sec. 2. Bounty to Colored Soldiers, How Paid, etc., 410. Act of July 1, 1902, ch. 1351, 411. Sec. 1. Retained Bounty Fund - Disposition, 411. CROSS-REFERENCES Howard University, see EDUCATION. Freedmen's Hospital, see HOSPITALS AND ASYLUMS. Sec. 2032. [Certain acts continued in force.] All laws and parts of laws pertaining to the collection and payment of bounty, prize-money, and other legitimate claims of colored soldiers, sailors, and marines, or their heirs, shall remain in force until otherwise ordered by Congress. [R. S.] Act of June 10, 1872, ch. 415, 17 Stat. L. 366. Sections 2032 to 2038, inclusive, constitute title XXVII of the Revised Statutes, "The Freedmen." R. S. sec. 2038 relating to the Freedmen's Hospital in the District of Columbia is given under HOSPITALS AND ASYLUMS. Refund of money exacted by customs officers. This section did not preclude the refunding of moneys improperly exacted from and paid by vessels proceeding to unlade at places other than a port of entry, by the Secretary of the Treasury, without formal protest by the applicant, in cases where application had been made within one year from such payment. (1890) 19 Op. Atty.-Gen. 646. As to government grant of land to "heads of families" of freedmen, see Green v. Niver, (1894) 43 S. C. 359, 21 S. E. 263. Sec. 2033. [Such laws to be enforced by Secretary of War.] The Secretary of War is authorized to carry into effect all laws and parts of laws referred to in the preceding section, and to this end he may employ such clerical force as he deems necessary. [R. S.] Act of June 10, 1872, ch. 415, 17 Stat. L. 366. Sec. 2034. [Accounts for expenditures, etc., to be paid from what fund, and how.] Where accounts have been rendered for necessary expenditures incurred for refugees or freedmen, under the sanction of the proper officers, but which cannot be settled for want of specific appropriations, the same may be paid out of the fund for the relief of refugees and freedmen, on the approval of the Secretary of War. [R. S.] Act of June 15, 1866, ch. 123, 14 Stat. L. 65. The word "of " between the words "secretary" and 66 war in this section, as above given, was inserted by the Act of Feb. 27, 1877, ch. 69, 19 Stat. L. 244. This section may be regarded as obsolete. R. S. sec. 2035. This section was as follows: "SEC. 2035. The Secretary of War is constituted the lawful custodian of a retained bounty fund, which has been derived from a portion of the State bounties of certain colored soldiers enlisted in Virginia and North Carolina, during the years 1864 and 1865, and which, by virtue of General Orders No. 90, Department of Virginia and North Carolina, was held by the Superintendent of Freedmen's Affairs, but was turned over to the Bureau upon its organization; and the Secretary of War shall hold the fund as trustee for the benefit of such colored soldiers or their legal representatives, to whom the same shall be paid upon their application or discovery." Act of March 2, 1867, ch. 186, 14 Stat. L. 545. It was expressly repealed by a provision contained in the Deficiencies Appropriation Act of July 1, 1902, ch. 1351, 32 Stat. L. 556, given infra, p. 411. R. S. sec. 2036. This section was as follows: "SEC. 2036. The Secretary of War is empowered to invest the fund, or any portion thereof, in bonds of the United States, for the exclusive benefit of such colored soldiers or their legal representatives; but a sufficient amount of the same in cash may be retained uninvested to meet all lawful claims thereupon that will probably be presented for payment." Act of March 2, 1867, ch. 186, 14 Stat. L. 545. It was superseded by the repeal of R. S. sec. 2035 and the transfer of the fund mentioned to the Treasury by a provision of the Act of July 1, 1902, ch. 1351, § 1, infra, p. 411. Sec. 2037. [Who to be deemed wife and children of colored soldiers.] In determining who is the wife or child of any colored soldier, within the meaning of this Title, evidence that the soldier and the woman claimed to be his wife cohabited or associated as husband and wife, and so continued to cohabit or associate at the time of enlistment, or evidence that a form of marriage, whether such marriage was authorized or recognized by law or not, was entered into by them, and that the parties thereafter lived together as husband and wife, and so continued to live together at the time of the enlistment, shall be deemed sufficient proof of marriage; and the children born of any such marriage shall be taken to be the children embraced within the provisions of this Title, whether such marriage was or was not dissolved at the time of the enlistment. [R. S.] Res. No. 29 of March 3, 1865, 13 Stat. L. Proof of marriage. The distinction made by statute between colored and other soldiers in pension cases, etc., in regard to proof of marriage (R. S. sec. 2037 here given and R. S. sec. 4705, see PENSIONS), 571. extends only to the marriage of the soldier, and does not affect that of his parents or other relatives. (1879) 16 Op. Atty. Gen. 630. SEC. 2. [Bounty to colored soldiers, how paid, etc.] That all sums due upon certificates issued, or which may be issued by the accounting officers of the Treasury in settlement of claims for pay, bounty, prize money, or other moneys due to colored soldiers, sailors or marines, or their legal representatives, shall be paid by the officers of the Pay Department of the Army, under the direction of the Paymaster General, who is already charged with the payment of like dues to white soldiers: Provided, first, That no such certificate shall be issued until it shall have been ascertained that the application is made by the original claimant, or, if he be dead, by his true living legal representative, nor until the identity of such claimant or representative as the case may be, shall have been duly established: Provided, That if an agent or attorney be employed, the allowance for his services. shall not in any case exceed that contemplated in the scale of fees and allowances fixed by the second section of a joint resolution approved July twenty sixth, eighteen hundred and sixty six, entitled "Joint resolution amendatory of a joint resolution respecting bounties to colored soldiers, and the pensions, bounties, and allowances to their heirs", approved June fifteenth, eighteen hundred and sixty six, An[d] no power of attorney, transfer or assignment of the amount of such claims, or any part thereof, shall in any case be recognized. [20 Stat. L. 402, 403.] This is from the Sundry Civil Appropriation Act of March 3, 1879, ch. 182. The omitted part (preceding the last sentence) reads as follows: "and such allowance shall be stated in a separate certificate in favor of the agent or attorney simultaneously with the issue of a certificate for the amount duc the claimant: Provided further, That the amount due the claimant, or his living representative, or the balance due after deducting the attorney's fee, if any, shall be paid only to the party named in the certificate, and in current funds or by post office money order, and not by checks or drafts; " This part is repealed by provisions contained in the Deficiencies Appropriation Act of Feb. 1, 1888, ch. 4, and the Sundry Civil Appropriation Act of July 1, 1898, ch. 546. These repealing provisions read as follows: "That so much of section two of the sundry civil appropriation act, approved March third, eighteen hundred and seventy-nine, as provides that amounts due upon certificates issued, or which may be issued, by the accounting officers of the Treasury, in settlement of claims for pay, bounty, prize-money, or other moneys due to colored soldiers, sailors, or marines, or their legal representatives, shall be paid only to the party named in the certificate, and in current funds or by post-office money-order, and not by check or drafts, be, and the same is hereby, repealed; and hereafter the said claims of colored soldiers, sailors, and marines shall be paid in the same manner as similar claims are paid to white soldiers, sailors, and marines." [25 Stat. L. 9.] "That so much of the sundry civil appropriation Act of March third, eighteen hundred and seventy-nine, as requires in the settlement of claims for pay, bounty, prize money or other moneys due to colored soldiers, sailors, or marines, or their legal representatives, that the amount allowed as attorneys' fees be stated in a separate certificate in favor of the agent or attorney, be, and the same is hereby, repealed." [30 Stat. L. 640.] The fees allowed by the resolution above referred to (Res. No. 86 of July 26, 1866, 14 Stat. L. 368), are "for the preparation and prosecution of claims for, and the collection and remittances of all sums not exceeding fifty dollars, five dollars; for sums exceeding fifty and less than one hundred dollars, seven dollars and fifty cents; and for all sums exceeding one hundred dollars, the sum of ten dollars." RETAINED BOUNTY [SEC. 1.] [Retained bounty fund- disposition.] FUND: That section two thousand and thirty-five of the Revised Statutes is hereby repealed, and the unexpended balance of the fund formerly in the custody of the Freedmen's Bureau and referred to in said section is hereby covered into the Treasury as "Miscellaneous receipts": Provided, That upon application by parties entitled to any portion of the moneys so covered in, the Secretary of the Treasury is authorized and directed to pay the amount found due in the same manner and from the same appropriation as claims for bounty to volunteer soldiers are now paid. [32 Stat. L. 556.] This is from the Deficiencies Appropriation Act of July 1, 1902, ch. 1351. For the provisions of R. S. sec. 2035, which was repealed by the above provision, see supra, p. 410. FREE HOMESTEAD ACT See PUBLIC LANDS FRENCH SPOLIATION CLAIMS ACT See CLAIMS GAME ANIMALS AND BIRDS Act of May 25, 1900, ch. 553 (“Lacey Law "), 412. Sec. 1. Preservation, etc., of Game and Wild Birds, 412. 5. Animals, etc., Subject to Laws of State into Which Transported, 413. Act of June 3, 1902, ch. 983, 413. Eggs of Game Birds - Importation for Propagation, 413. Act of March 4, 1913, ch. 145, 414. Sec. 1. Protection of Migratory Birds, 414. CROSS-REFERENCES In Alaska, see ALASKA. Importation of Eggs of Game Birds, see CUSTOMS DUTIES. In Indian Lands, see INDIANS. Importation or Transportation, see PENAL LAWS. In Public Parks and Timber Reserves, see PUBLIC PARKS; TIMBER LANDS AND FOREST RESERVES. An Act To enlarge the powers of the Department of Agriculture, prohibit the transportation by interstate commerce of game killed in violation of local laws, and for other purposes. [Act of May 25, 1900, ch. 553, 31 Stat. L. 187.] [SEC. 1.] [Preservation, etc., of game and wild birds.] That the duties and powers of the Department of Agriculture are hereby enlarged so as to include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of Agriculture is hereby authorized to adopt such measures as may be necessary to carry out the purposes of this Act and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this Act is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not |