1888, c. 1037, prescribes that a bond shall be furnished "in double. the value of the property," but does not in terms require that sureties shall be given. Advised therefore that the Secretary of War would be authorized in his discretion to dispense with sureties if he deemed the bond of the principal to be sufficient, and that this discretion might well be exercised in favor of accepting without sureties a bond in which the principal was the city of Philadelphia as trustee for the Girard. College Fund. 59, 176, April, 1893.

591. Where the penalty of the bond as offered was twice as great as the sum for which the president was, by resolution of the board, authorized to give bond, held that the bond could not, for this reason, be accepted and that a new bond should be furnished. 35, 82, September, 1889.

592. A form of bond presented for acceptance under the statute, which failed to recite that the college was of a capacity to educate one hundred and fifty male students, the complement required by the act of September 28, 1888, but stated its capacity as extending to the education of eighty only, held defective and not legally acceptable. 65, 48, May, 1894. It should be specifically stated in the bond that the capacity was for the education of 150 male students. 65, 182, June, 1894.

593. The bond offered under the statute should not omit the insurance clause, ¿. e. should contain a condition to the effect that the obligor shall keep the property duly insured until returned to the United States.1 63, 322, January, 1894.

BOND Of States, &c., for arms, &c., furnished under statute.

594. The joint resolutions of July 3, 1876, and June 7, 1878, authorizing the Secretary of War to issue arms to certain States and to the Territories, provide that the governor in each case shall "give good and sufficient bond for the return" of the arms, &c., or payment for the same. Held that a bond given, under these statutes, by a governor of a Territory whose legislature had not authorized him to bind the Territory in this manner, could have no further legal effect than as the personal obligation of the governor; that what the statute contemplated was an official bond; and therefore that a governor's bond, given in the absence of special authority devolved upon him by the legislature to bind thereby the Territory, could not legally be accepted by the Secretary of War. XXXVIII, 167, July, 1876; XLI, 467, November, 1878; XLIII, 78, 93, November, 1879; LIII, 36, September,

'The laws and regulations governing the giving of bonds by colleges, &c., under Sec. 1225, Rev. Sts., are set forth in G. O. 70, A. G. O., 1897. But see the further provisions of Sec. 3 of the act of Feb. 26, 1901, amending Sec. 1225, Rev. Sts.

1886. And similarly held of a bond given by the governor of a State, upon an issue of camp and garrison equipage under the joint resolution of June 20, 1878. XXXIX, 656, September, 1878.

595. As the Secretary of War is empowered, in his discretion, to require bonds of disbursing officers of his department, though the same may not be prescribed by statute, so, in the case of the ordnance authorized, by the act of February 8, 1889, c. 116, to be delivered to the national volunteer homes, held that the Secretary of War would properly require that bonds be furnished for the safe-keeping and due return of such ordnance, though no such condition was indicated in the statute. This under his general authority as head of the department entrusted with such property, and in view of the provision of the act that the ordnance shall be delivered "subject to such regulations as he may prescribe.' 51, 446, January, 1892.

BOND-Of Surety Company.

596. By Sec. 1191, Rev. Sts., the Secretary of War is empowered to decide upon the sufficiency of the bonds of disbursing officers of the army; the accounting officers of the Treasury having no authority in this regard. Held, therefore, that the Secretary was legally authorized to accept security companies as sureties in such bonds, similarly as in the case of the bonds of contractors with the United States. 118, November, 1891.

50,

597. Under regulations published in G. O. 52 of 1893, as amended, entitled "Regulations and Instructions relating to Bonds of Contractors, Bidders, and Disbursing Officers," the War Department accepts, as surety on the bonds both of contractors and disbursing officers, "any company which is duly incorporated under the laws of the United States, or of any State, and is legally authorized to become such surety." Where a surety company has already on file in the War Department, the papers called for by the regulations, it is not required, in the absence of any change of its status, to re-furnish the same in connection with bonds which it may execute. 60, 41, June, 1893; 63, 127, January, 1894.

598. Ield, that a bond of indemnity of a security company might, in the discretion of the Secretary of War, legally be accepted in place of the usual bond, given under Sec. 1225, Rev. Sts. Such acceptance would not per se release the college from its liability as bailee to take extraordinary care in preserving and duly returning the arms, but the instrument should be executed in such form as to leave no question as to such liability continuing. 64, 61, February, 1894.

599. The acceptance of an incorporated surety company as surety

is now authorized by the act of August 13, 1894 (28 Stat., 279). But before such corporation will be accepted by the War Department as a surety on a bond, it must file in the War Department the papers required by paragraphs 574, 576, and 577, A. R. (653, 655, and 656 of 1901). Cards 284, 2997, and 3280, April, 1895, to July, 1899.

600. The provision of the Legislative, Executive and Judicial appropriation act of March 2, 1895, requiring official bonds to be examined at least once every two years for the purpose of ascertaining the sutliciency of the sureties thereon, is sufficiently complied with as to bonds on which a corporation is surety, if the corporation files periodically in the War Department the financial statement required by A. R., 574 (653 of 1901). Card 2516, August, 1896.

601. The act of August 13, 1894, does not require a compliance with any laws or regulations which a State may impose to qualify a foreign surety company to do business within the State with the officers or citizens thereof. Under the act referred to a bond of the surety company to the United States would be equally valid whether or not it had complied with such laws or regulations of the State. Card 3604, October, 1897.

602. Where upon a change of office the superintendent of a surety company wrote to the War Department to the effect that the company was willing that the official bond pertaining to the old office and upon which the company was surety should extend to the new office, held that the letter of the superintendent was not sufficient to extend the bond as proposed; that to extend the same to the new office would require an instrument under the corporate seal referring to the bond in such a way as to identify it, executed by officers of the company authorized to bind it in the matter of executing bonds, but remarked that where, as in the particular case, there had been a change of office. the practice was to require a new bond. Card 4224, April, 1899.

BOUNTY.

603. Bounty is not pay, nor is it properly an "allowance" in the sense in which that term is ordinarily used as referring to the regular pecuniary emoluments of soldiers other than pay. X, 661, December, 1864; XV, 356, June, 1865.

But see note 1, page 156, ante.

The term "allowances," however, when employed in a general sense, has been regarded as including bounty. Thus see 13 Opins. At. Gen., 188, 197, where it is held that the general forfeiture of pay and allowances due at the date of the offence, imposed upon deserters by par. 1358, Army Regs., embraced instalments of bounty due at the time of the desertion; also United States r. Landers, 2 Otto, 77, where the court goes so far as to hold that forfeiture of "pay and allowances," imposed by sentence, includes bounty.

604. The two years' service required by the act of 1861 need not have been continuous service. XI, 500, March, 1865. Nor, if two years' service was rendered, does it affect the right of the soldier to bounty that during a material part of the period he was detailed upon and performed a quasi civil duty as a clerk. XXXI, 507, July, 1871. 605. In the absence of any express statutory provision forfeiting a soldier's right to bounty where he has been guilty of desertion, held that the mere fact that a desertion had been committed by a soldier at some period of his term of service could not affect his right to bounty, provided that, having served the requisite period, he was finally honorably discharged. Thus, in repeated cases of deserters, who, after being restored to duty without trial, or upon full execution or remission of sentence-for whether the deserter be brought to trial and punished or not is immaterial-had performed faithful service, and been finally honorably discharged; held that no forfeiture of bounty had been incurred.1 XII, 139, December, 1864; XV, 356, June, 1865; XVIII, 333, November, 1865; XIX, 269, December, 1865; XXI, 614, August, 1866; XXII, 653, March, 1867; XXIX, 127, July, 1869; XXXVI, 478, May, 1875; XXXIX, 413, February, 1878; XLIII, 218, February, 1880.

606. Where a veteran volunteer was honorably discharged, not by reason of the expiration of his full term or because his services were no longer required by the Government, but because of his promotion to the grade of a commissioned officer, held that he was entitled only to such proportion of the bounty and premium specified in G. O. 191, War Dept., 1863, as had accrued at the date of his discharge. XII, 548, August, 1865.

607. A soldier in the war of the rebellion, who enlisted and served for a period of "two years or during the war if sooner ended," became entitled, at the end of such term, under the act of July 22, 1861, to a bounty of $100. If he enlisted after April 19, 1861, for a period of not less than three years and served through this term, or until the close of the war, he was 'entitled to an additional bounty of $100, under the act of July 28, 1866. In either case, if discharged before the expiration of the required time, on account of wounds or injuries received in the service in the line of duty, he became entitled to the bounty. 64, 422, April, 1894.

BREVET RANK.

608. Brevet rank can, properly, neither be conferred, nor take effect, except as an incident to full rank of a lower grade. XXI, 608, August,

See U. S. r. Kelly, 15 Wallace, 34.

609. In view of the repeal (by the act of March 1, 1869) of the old 61st Article of war (which did away also with the portion of par. 10 of the Army Regulations which was derived therefrom), an officer, except where specially assigned to duty according to his brevet rank by the President, is no longer entitled to precedence on courts martial or otherwise by reason of his brevet rank. XXXV, 447, June, 1874.

610. Held that a confirmation by the Senate, on March 3, 1869, of a brevet appointment previously made, was of no effect and conferred no right to a brevet commission; Congress having, two days before, by the act of March 1, 1869, c. 52, enacted that "from and after the passage of this act commissions by brevet shall only be conferred in time of war." XXXIX, 209, October, 1877.

611. Under Sec. 1211, Rev. Sts., an officer may legally be assigned to duty according to his brevet rank for a special command or duty, and in such case the assignment will not be effective generally, but only for the purposes of such command or duty and during its continuance. Thus held that an officer assigned to duty according to his brevet rank while in command of" a certain department, could legally exercise the authority and privileges of such rank only when holding such command, and for the purposes of the same. XLII, 21, October, 1878.

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1

612. When an officer has been duly assigned to duty or command according to a certain brevet rank, that rank becomes his actual military rank for the period of the assignment. He is empowered to exercise the authority which belongs to such rank under the circumstances, to wear the uniform, and to be addressed by the title, of such rank, &c. Held, however, that a colonel, assigned to command according to a brevet rank of general, was not entitled to the aids-de-camp of a general (major or brigadier), but, as indicated in par. 35, A. R. (33 of 1895; 40 of 1901), could be "allowed" the same only "with the special sanction of the War Department"-in other words, by the authority of the Secretary of War. XLII, 21, October, 1878.

BRIDGE.

613. The power of Congress to legislate for the prevention and removal of physical obstructions to navigation in public rivers in general. having been allowed to lie dormant for nearly a century, began to be exercised in the act of July 5, 1884, c. 229, s. 8, followed by the

1But see now act of March 3, 1883 (1 Sup. R. S., 400), which provides that officers of the army shall only be assigned to duty or command according to their brevet rank when actually engaged in hostilities.

As to the constitutionality of the exercise of this power by Congress, see Miller v. Mayor of New York, 109 U. S., 385, 393, 394.