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Act June 25, 1936 substituted "the district court of the United States for the District of Columbia" for "Supreme Court of the District of Columbia".

FEDERAL RULES OF CIVIL PROCEDURE Dismissal of action, judgment and costs, see Rules 41, 54, Title 28, Appendix, Judiciary and Judicial Procedure. Preservation of section under rules, see notes by Advisory Committee under Rules 41 and 54 of Title 28.

§ 233. Duty of United States attorney as to such cases. It shall be the duty of the several United States attorneys for the respective districts, for the District of Columbia, and for the several Territories, to be diligent in inquiring into any violation of the provisions of section 231 of this title by persons liable to such suit, and found within their respective districts or Territories, and to cause them to be proceeded against in due form of law for the recovery of such forfeiture and damages. And such person may be arrested and held to bail in such sum as the district judge may order, not exceeding the sum of $2,000, and twice the amount of the damages sworn to in the affidavit of the person bringing the suit. (R. S. § 3492; June 25, 1948, ch. 646, § 1, 62 Stat. 909.)

DERIVATION

Act Mar. 2, 1863, ch. 67, § 5, 12 Stat. 698.

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorneys" for "district attorneys of the United States". See section 501 of Title 28, Judiciary and Judicial Procedure.

§ 234. Repealed. Dec. 23, 1943, ch. 377, § 2, 57 Stat. 609.

Section, R. S. § 3493, related to rights of persons bringing suits.

§ 235. Limitation of suit.

Every such suit shall be commenced within six years from the commission of the act, and not afterward. (R. S. § 3494.)

DERIVATION

Act Mar. 2, 1863, ch. 67, § 7, 12 Stat. 698.

§ 236. Meritorious claims against United States not subject to lawful adjustment; submission to Congress by Comptroller General.

When there is filed in the General Accounting Office a claim or demand against the United States that may not lawfully be adjusted by the use of an appropriation theretofore made, but which claim or demand in the judgment of the Comptroller General of the United States contains such elements of legal liability or equity as to be deserving of the consideration of the Congress, he shall submit the same to the Congress by a special report containing the material facts and his recommendation thereon. (Apr. 10. 1928, ch. 334, 45 Stat. 413.)

§ 237. Same; limitation of time on claims and demands.

(1) Every claim or demand (except a claim or demand by any State, Territory, possession or the District of Columbia) against the United States cognizable by the General Accounting Office under sections 71 and 236 of this title, shall be forever barred unless such claim, bearing the signature and address of the claimant or of an authorized agent or attorney, shall

be received in said office within ten full years afte the date such claim first accrued: Provided, That when a claim of any person serving in the military naval forces of the United States accrues in time of war, or when war intervenes within five years after its accrual, such claim may be presented within five years after peace is established.

(2) Whenever any claim barred by subsection (1) of this section shall be received in the General Accounting Office, it shall be returned to the claimant with a copy of this section, and such action shall be a complete response without further communication. (Oct. 9, 1940, ch. 788, §§ 1, 2, 54 Stat. 1061. CODIFICATION

Section is also set out as section 71a of this title. Subsecs. (1) and (2) of this section are from sections 1 and 2, respectively, of act Oct. 9, 1940.

TERMINATION OF WAR AND EMERGENCIES

Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of subsec. (1) of this section, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

CROSS REFERENCES

Checks drawn on Treasurer of United States or designated depositaries, exception from limitations, see section 132 of this title.

§ 237a. Time limitation on claims against Government employees who received dual compensation. The United States waives all claims against any person arising out of the receipt by such person of compensation from the United States including Government owned or controlled corporations or from the government of the District of Columbia in violation of any provision of law prohibiting or restricting the receipt of dual compensation, which has not been reported to the General Accounting Office for collection within six years from the last date of any period of dual compensation. (Aug. 28. 1954, ch. 1035, 68 Stat. 890.)

DUAL COMPENSATION LAWS

Laws relating to dual compensation, see section 3101 et seq. of Title 5, Executive Departments and Government Officers and Employees.

§ 238. Settlement of damage claims of Federal penal and correctional institutions' employees.

The Attorney General, and such other officer or officers as he may designate for such purpose, are authorized to consider, determine, adjust, and pay claims, not exceeding in any case the sum of $1,000, of persons employed in Federal penal and correctional institutions for damage to or loss or destruction of personal property occurring incident to such employment. No claim shall be allowed under this section unless (a) the property claimed to be damaged, lost, or destroyed is determined to be reasonable, useful, necessary, or proper under the attendant circumstances; (b) such damage, loss, or destruction shall not have been caused in whole or in part by any negligence or wrongful act on the part of the claimant, his agent, or employee, and shall not have occurred at quarters occupied by the claimant which are not assigned to him or otherwise provided in kind by the Government; and (c) such claim shall have been presented in writing within one year after the occurrence of the accident

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Section 2 of act June 10, 1949, provided that: "There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this act [this section]."

§ 239. Collection or reclamation of moneys paid to assignees, transferees, or allottees.

No collection or reclamation shall be made by the United States on account of any money paid to assignees, transferees, or allottees, or to others for them, under assignments, transfers, or allotments of pay and allowances made under authority of law where liability might exist with respect to such assignments, transfers, or allotments or the use of such moneys, because of the death of assignors, transferors, or allotters. (Aug. 10, 1956, ch. 1041, § 45, 70A Stat. 638.)

§ 240. Settlement of claims of military and civilian personnel for damages to or loss of personal property incident to service; definitions.

As used in sections 240-242 of this title

(1) "agency" includes an executive department, independent establishment, or corporation primarily acting as an intrumentality of the United States, but does not include any contractor with the United States;

(2) "uniformed services" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service; and

(3) "settle" means consider, ascertain, adjust, determine, and dispose of any claim, whether by full or partial allowance or disallowance. (Pub. L. 88-558, § 2, Aug. 31, 1964, 78 Stat. 767.)

SHORT TITLE

Section 1 of Pub. L. 88-558 provided: "That this Act [which enacted sections 240-242 of this title, amended section 2735 of title 10, and repealed section 2732 of title 10 and section 490 of title 14] may be cited as the 'Military Personnel and Civilian Employees' Claims Act of 1964'."

§ 241. Same; payments.

(a) Limitation; payment of claim or replacement of property; effective date.

Under such regulations as the head of an agency may prescribe, he or his designee may setle and pay a claim arising after August 31, 1964 against the United States for not more than $6,500 made by a member of the uniformed services under the jurisdiction of that agency or by a civilian officer or employee of that agency, for damage to, or loss of, personal property incident to his service. If the claim is substantiated and the possession of that property is determined to be reasonable, useful, or proper under the circumstances, the claim may be paid or the property replaced in kind. This subsection does not apply to claims settled before August 31, 1964. (b) Payments to survivor.

If a person named in subsection (a) of this section is dead, the head of the agency concerned, or his designee, may settle and pay any claim made by the

decedent's surviving (1) spouse, (2) children, (3) father or mother, or both, or (4) brothers or sisters, or both, that arose before, concurrently with, or after the decedent's death and is otherwise covered by subsection (a) of this section. Claims of survivors shall be settled and paid in the order named.

(c) Time limitation for presentation of claims; other conditions.

A claim may be allowed under subsection (a) of this section for damage to, or loss of, property only if

(1) It is presented in writing within two years after it accrues, except that if the claim accrues in time of war or in time of armed conflict in which any armed force of the United States is engaged or if such a war or armed conflict intervenes within two years after it accrues, and if good cause is shown, the claim may be presented not later than two years after that cause ceases to exist, or two years after the war or armed conflict is terminated, whichever is earlier;

(2) it did not occur at quarters occupied by the claimant within the fifty States or the District of Columbia that were not assigned to him or otherwise provided in kind by the United States;

or

(3) it was not caused wholly or partly by the negligent or wrongful act of the claimant, his agent, or his employee.

(d) Dates of beginning and ending of an armed conflict.

For the purposes of subsection (c) (1) of this section, the dates of beginning and ending of an armed conflict are the dates established by concurrent resolution of Congress or by a determination of the President.

(e) Reports to Congress.

The head of each agency shall report once a year to Congress on claims settled under this section during the period covered by the report. The report shall include for each claim the name of the claimant, the amount claimed, and the amount paid. (Pub. L. 88-558, § 3, Aug. 31, 1964, 78 Stat. 767.) § 242. Same; conclusiveness of settlement.

Notwithstanding any other provision of law, the settlement of a claim under sections 240-242 is final and conclusive. (Pub. L. 88-558, § 4, Aug. 31, 1964, 78 Stat. 768.)

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THE BUREAU OF THE MINT

§ 251. Bureau established; director.

There shall be established in the Treasury Department a Bureau of the Mint, embracing in its organization and under its control all mints for the manufacture of coin, and all assay offices for the stamping of bars, which have been, or which may be, authorized by law. The chief officer of the said bureau shall be denominated the Director of the Mint, and shall be under the general direction of the Secretary of the Treasury. He shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold his office for the term of five years, unless sooner removed by the President, upon reasons to be communicated by him to the Senate. (R. S. § 343.)

DERIVATION

Act Feb. 12, 1873, ch. 131, § 1, 17 Stat. 424.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees.

§ 252. Repealed. Pub. L. 87-534, § 3(a), July 11, 1962, 76 Stat. 155.

Section, R.S. § 344, provided for salary and expenses of Director of the Mint.

§ 253. Director; powers; reports.

The Director of the Mint shall have the general supervision of all mints and assay offices, and shall make an annual report to the Secretary of the Treasury of their operations, at the close of each fiscal year, and from time to time such additional reports, setting forth the operations and condition of such institutions, as the Secretary of the Treasury shall require, and shall lay before him the annual estimates for their support. And the Secretary of the Treasury shall appoint the number of clerks, classified according to law, necessary to discharge the duties of said bureau. (R. S. § 345.)

DERIVATION

Act Feb. 12, 1873, ch. 131, § 2, 17 Stat. 424. TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that Department, were transferred, with certain eceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those offcers, agencies, and employees, by 1950 Reorg. Plan No. 26. §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. § 254. Repealed. Pub. L. 87-534, §3(f), July 11, 1962, 76 Stat. 155.

Section, R.S. § 3502, authorized the Secretary of the Treasury to designate some one to act in absence of the Director of the Mint.

MINTS AND ASSAY OFFICES

§ 261. Mints and assay offices enumerated.
The different mints and assay offices shall be-
First. The mint of the United States at
Philadelphia.

Second. The mint of the United States at Denver.

Third. The United States assay office at New York.

Fourth. The United States assay office at San Francisco.

(R.S. 3495; May 12, 1874, ch. 169, § 1, 18 Stat. 45: June 20, 1874, ch. 328, § 1, 18 Stat. 97; Feb. 1, 1881, ch. 33, § 1, 21 Stat. 322; June 11, 1896, ch. 420, § 1. 29 Stat. 414; May 21, 1898, ch. 348, 30 Stat. 420; May 30, 1908, ch. 223, 35 Stat. 474; July 11, 1962, Pub. L. 87-534, § 1, 76 Stat. 155.)

DERIVATION

Act Feb. 12, 1873, ch. 131, § 66, 17 Stat. 435.

CODIFICATION

Section, with the exception of the former eighth to eleventh subdivisions, inclusive, is from R.S. § 3495. The eighth subdivision of that section read: "The United States assay-office at Charlotte, N.C." That subdivision, and act Feb. 1, 1881, ch. 33, § 1, 21 Stat. 322, providing for an assay office at St. Louis, Mo., were omitted from the Code as superseded by later appropriation acts making no provision for assay offices at Charlotte or St. Louis. See act Mar. 2, 1926, ch. 43, 44 Stat. 149, 150.

The former eighth, tenth, and eleventh subdivisions were based, respectively, on act May 12, 1874, ch. 168 § 1, 18 Stat. 45, act May 21, 1898, ch. 348, 30 Stat. 420, and act May 30, 1908, ch. 223, 35 Stat. 474, providing for the establishment of assay offices at the places mentioned in those subdivisions. Further provisions of those acts, relating to the construction or rent of buildings, and the officers of the assay offices thereby established, and their salaries. were omitted as temporary or superseded by later appropriation acts.

The former ninth subdivision was based on a provision of act June 11, 1896, ch. 420 § 1, 29 Stat. 414, making an appropriation for the establishment of an assay office at Deadwood, S. D. Act Feb. 19, 1897, ch. 265, § 1, 29 Stat 559, provided that such office should be conducted under the provisions of act Feb. 12, 1873 (incorporated in this chapter and chapter 8 of this title).

The mint at New Orleans having been closed during the Civil War, its reopening was provided for by act June 20, 1874, ch. 328, § 1, 18 Stat. 97, the assaying and stamping of bullion thereat was authorized by act Mar 3, 1877, ch. 102, § 1, 19 Stat. 307, and the supplying of said mint with silver bullion for coinage into standard silver dollars and all smaller denominations of silver was authorized by act Mar. 15, 1898, ch. 68, § 1, 30 Stat 296.

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All laws and parts of laws in force in relation to the mints of the United States, and for the government of the officers and persons employed therein, were applicable to the mint at Denver by act Feb. 20, 1895, ch. 105, § 3, 28 Stat. 673.

Act Mar. 2, 1895, ch. 177, § 1, 28 Stat. 784, 786, directed the establishment of a refinery at the assay office at Helena, Mont., and provided that the charges for refining, etc., should be fixed by the Director of the Mint. with the approval of the Secretary of the Treasury, to equal but not exceed the expenses thereof, and that all provisions relating to refineries should apply to the parting and refining of bullion at the assay office at Helena. The foregoing provisions were omitted as executed, unnecessary, or obsolete.

AMENDMENTS

1962-Pub. L. 87-534 eliminated provisions which related to mints at San Francisco, New Orleans, and Carson, and assay offices at Boise City, Helena, Deadwood, Seattle and Salt Lake City, and inserted provisions authorizing an assay office at San Francisco.

CROSS REFERENCES

Refining and parting bullion at mints of the United States and assay office at New York, see section 361 of this title.

§ 262. Repealed. Pub. L. 87-534, § 3(m), July 11, 1962, 76 Stat. 156.

Section, act Feb. 20, 1895, ch. 105, §§ 1, 3, 28 Stat. 673, required coinage of silver and minor coin at the Denver mint. See section 261 of this title.

§ 263. Officers of mints.

The officers of each coinage mint shall be a superintendent and an assayer; and, for the mint at Philadelphia, an engraver; all to be appointed by the President, by and with the advice and consent of the Senate. (R. S. § 3496; Feb. 20, 1895, ch. 105, § 2, 28 Stat. 673; Aug. 23, 1912, ch. 350, § 1, 37 Stat. 384; Jan. 3, 1923, ch. 22, 42 Stat. 1103.)

DERIVATION

Act Feb. 12, 1873, ch. 131, § 3, 17 Stat. 424.

CODIFICATION

R. S. 3496 referred to "each mint" instead of "each coinage mint," and provided for a melter and refiner and a coiner, as well as a superintendent and assayer. The word "coinage" was inserted because recent appropriation acts do not provide for a superintendent except at coinage mints. The positions of coiner and melter and refiner were abolished by act Aug. 23, 1912. The provisions of R. S. § 3496 were made applicable to the mint of Denver by act Feb. 20, 1895, which also provided that the compensation of the officers of the mint should be the same as those of the mint at Carson City, Nev. This last mentioned provision was superseded by later appropriation acts specifying salaries of officers at the various mints. See act Jan. 3, 1923, ch. 22, 42 Stat. 1103.

Act Mar. 18, 1904, ch. 716, § 1, 33 Stat. 109, in making an appropriation for the Denver mint, provided for the appointment, when the Secretary of the Treasury should determine that it was necessary, of a superintendent, assayer, melter and refiner, and coiner, chief clerk, etc., at salaries therein specified. It was omitted as superseded by later appropriation acts, if not temporary and executed.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES Superintendents and assayers to receive deposits of gold coin and bullion, see section 430 of this title.

§§ 264, 265. Repealed. Pub. L. 87-534, §3(b), (c), July 11, 1962, 76 Stat. 155.

Section 264, R.S. § 3497; act Feb. 20, 1895, ch. 105, § 2, 28 Stat. 673; Jan. 3, 1923, ch. 22, 42 Stat. 1103, required superintendents of the Philadelphia, San Francisco, and Denver mints to perform the duties of treasurers.

Section 265, R.S. § 3498; acts June 20, 1874, ch. 328, § 1, 18 Stat. 96; Aug. 23, 1912, ch. 350, § 1, 37 Stat. 384; Apr. 4, 1924, ch. 84, 43 Stat. 78; Jan. 22, 1925, ch. 87, 43 Stat. 764; Mar. 5, 1928, ch. 126, § 2, 45 Stat. 193, related to salaries of officers of coinage mints. See chapter 21 of Title 5, Executive Departments and Government Officers and Employees.

§ 266. Appointment of assistants and employees.

All assistants and employees of the mints and assay offices of the United States shall be appointed by the Secretary of the Treasury. (Aug. 23, 1912, ch. 350, § 1, 37 Stat. 384.)

REPEALS

Pub. L. 87-534, § 3(g), July 11, 1962, 76 Stat. 155, repealed R.S. § 3504, from which the second sentence of this section, which provided that one of the clerks at each mint shall be designated as chief clerk, was derived.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees.

§ 267. Duties of coiner and melter and refiner performed by superintendent.

The duties and responsibilities formerly imposed by law on the coiner and the melter and refiner in each of the coinage mints and the assay office at New York shall devolve upon the superintendents of said institutions. (Aug. 23, 1912, ch. 350, § 1, 37 Stat. 384.)

CODIFICATION

This was a provision of the Legislative, Executive and Judicial Appropriation Act for the fiscal year 1912.

It was preceded in that Act by a provision abolishing the position of coiner in each of the coinage mints, and the position of melter and refiner in the coinage mints and the assay office at New York.

A further provision of that section concerning the appointment of assistants and employees is set out in section 266 of this title.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees.

§§ 268, 269. Repealed. Pub. L. 87-534, § 3(d), (e), July 11, 1962, 76 Stat. 155.

Section 268, R.S. § 3499; acts June 20, 1874, ch. 328, § 1, 18 Stat. 96; Mar. 4, 1915, ch. 141, § 6, 38 Stat. 1049; Mar. 5, 1928, ch. 126, § 2, 45 Stat. 193, related to salaries of assistants, clerks, and laborers employed in the mints. See

chapter 21 of Title 5, Executive Departments and Government Officers and Employees.

Section 269, R.S. § 3500, related to oath of office of officers, assistants, and clerks appointed for any mint. § 270. Bonds of officers, assistants, and clerks.

The superintendent and the assayer, before entering upon the execution of their respective offices, shall become bound to the United States, with one or more sureties, approved by the Secretary of the Treasury, in the sum of not less than $10,000 nor more than $50,000, with condition for the faithful and diligent performance of the duties of his office. Similar bonds may be required of the assistants and clerks, in such sums as the superintendent shall determine, with the approbation of the Director of the Mint; but the same shall not be construed to relieve the superintendent or other officers from liability to the United States for acts, omissions, or negligence of their subordinates or employees and the Secretary of the Treasury may, at his discretion, increase the bonds of the superintendents. (R. S. § 3501; Aug. 23, 1912, ch. 350, § 1, 37 Stat. 384.)

DERIVATION

Act Feb. 12, 1873, ch. 131, § 11, 17 Stat. 425.

CODIFICATION

R. S. 3501, referred to the melter and refiner and the coiner of each mint, as well as the superintendent and assayer, but those positions were abolished by act Aug. 23, 1912.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those offcers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. § 271. Repealed. Pub. L. 87-534, §3(f), July 11, 1962, 76 Stat. 155.

Section R.S. § 3502, required the chief clerk to act in absence of superintendent and authorized the superintendent to appoint persons to act in absence of officers of a mint or assay office.

§ 272. General duties of superintendents of mints.

The superintendent of each mint shall have the control thereof, the superintendence of the officers and persons employed therein, and the supervision of the business thereof, subject to the approval of the Director of the Mint. He shall make reports to the Director of the Mint at such times and according to such forms as the director may prescribe; which shall exhibit in detail, and under appropriate heads, the deposits of bullion, the amount of gold, silver, and minor coinage, and the amount of unparted, standard, and refined bars issued, and such other statistics and information as may be required. (R.S. § 3503.)

DERIVATION

R. S. §§ 3503 was from act Feb. 12, 1873, ch. 131, § 4, 17 Stat. 424.

REPEALS

Pub. L. 87-534, § 3(g), July 11, 1962, 76 Stat. 155, repealed R.S. § 3504, from which the last sentence of this section, which provided that the superintendent shall keep and render, quarter yearly, to the Director of the Mint, regular and faithful accounts of his transactions

with the other officers of the mint and the depositors, and shall also render a monthly statement of the ordinary expenses of the mint or assay office under his charge, was derived.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that Department, were transferred, with certain erceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26. §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees.

§ 273. Duties of superintendents as to coin and bullion.

The superintendent of each mint shall receive and safely keep, until legally withdrawn, all moneys or bullion which shall be for the use or the expenses of the mint. He shall receive all bullion brought to the mint for assay or coinage; shall be the keeper of all bullion or coin in the mint, except while the same is legally in the hands of other officers; and shall deliver all coins struck at the mint to the persons to whom they shall be legally payable. From the report of the assayer and the weight of the bullion, he shall compute the value of each deposit, and also the amount of the charges or deductions, if any, of ali which he shall give a detailed memorandum to the depositor; and he shall also give at the same time, under his hand, a certificate of the net amount of the deposit, to be paid in coins or bars of the same species of bullion as that deposited, the correctness of which certificate shall be verified by the assayer, who shall countersign the same, and in all cases of transfer of coin or bullion, shall give and receive vouchers, stating the amount and character of such coin or bullion. (R. S. § 3506.)

DERIVATION

Act Feb. 12, 1873, ch. 131, § 4, 17 Stat. 424.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers agencies, and employees, by 1950 Reorg. Plan No. 26. §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees.

Ex. ORD. No. 6558. RECEIPT OF GOLD ON CONSIGNMENT ST THE MINTS AND ASSAY OFFICES

By virtue of the authority vested in me by section 5 (bi of the act of October 6, 1917, as amended by section 2 of the act of March 9, 1933, entitled "An Act to Provide Relief in the Existing National Emergency in Banking and for other Purposes," I, Franklin D. Roosevelt, President of the United States of America, do declare that a period of national emergency exists, and by virtue of said author.ty and of all other authority vested in me, do hereby prescribe the following regulations for receiving gold on consignment for sale:

SECTION 1. The United States mints and assay offices are hereby authorized, subject to such regulations as may from time to time be prescribed by the Secretary of the Treasury, to receive on consignment gold which the mint or assay office concerned is satisfied has not been held in noncompliance with the Executive orders, or the orders of the Secretary of the Treasury, issued under sections 2 and 3 of the act of March 9, 1933, or in noncompliance with any regulations or rulings made thereunder or license issued pursuant thereto.

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