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A79223 1 (1901-10-09)

handle is hein.gao/gaobadacz0001 and id is 1 raw text is: DECISTONS OF THE COMPTROLLER. whether, in ease he .should be summoned as a witness, he would be obliged to lose his pay during his absence from the yirld for this purpose and have the time consuned thereby charged against his leave of absence with pIay allowed by law to such employees, and, if not, what compensation be would be entitled to receive for attendance upon the court as a witness. In reply I have the. honor to state that if said employee is ordered by competent authority to attend and testify before the court of inquiry, and he .should do so, I am of opinion that lie would 1e entitled to his actual expenses while going to and returning from and while in attendance upon said court, and that his compensation as such per diem employee while necessarily absent from his plae of eniployment while attending the court and while going to and returning frot the place of trial should be allowed hint, and not the per dieni of $1.50 allowed witnesses generlly by section 848, Revised Statutes. It follows that the time while so necessarily absent fronm his place of eiploymnenit should not be charged against his annual leave allowed by law to employees of his class. It may be added in this counection that being a Government employee, he would be entitled only to his actual expenses of travel, as provided by the act of March 3, 1875 (18 Stat., 452.) PAYMENT FOR AN ABSTRACT OF TITLE FOR LAND NOT PURCHASED AS A SITE FOR A PUBLIC BUILDING. The provisions in the nct of March 2, 1894 that in the procurernent of title, to sites for public builings the Attorney-General shall require the grantors to furnish all rtiinired abstrarts of title, etc., free of expense, does not apply to land purchased for improving Bayou Plaquemine, Louisiana, which w-as not purchased as a site for a public building. (Asistrent (Com ptroller fitchell toi SecrevtP of Weil, October 9, 1.901.) 1 have received your letter of August 27, 1901, inclosing a letter from Lieut. E. M. Adrams, Corps of Engineers, U. S. A., in which he incloses an account in favor of Joseph A. Grace, clerk and recorder, Iherville Parish, La., for prepar- j ing an abstract of title and a certificate of mortgage, and for recording a deed and furnishing revenue stnutp.s in connec- tion with the purchAse of a piece of land at Devils Elbow by the United States in connection with the engineer operations 'Or improving Bayou Plaqueninme, Louisiana, for which work the land was pu rehased. You ask whether said 1ccoUint may Ile paid fronm the :ppro- priation for Improving Bayou Plaquemine, Louisiana.' No question as to the service or the charges i.s raised; and yoar doubt in the nmatteL aopprIs to 1.o whetIr the clarges -hould be borne by tie War Department or the Department of Juistce, or porhaps whether thioe shouid not he )orne by the vendor of the land. The facts of the case are thus stated biy Lieutenant Adamn: I submit herewith an acount in favor of Joseph A._Grame. <lerk andrecorderlervillePari:hLa.,for preparingabstract of title, certificate of mortgage. recording eed, ,and furnish- im revenue stamtps in connection w itl 1Che purchase of a pice-c of land at Devil s Elb ow bv the U nited States, and request yoIr decision as to wvheth2r the account tmay, Ie paid bY rne from the funds for Improving a13-ou Plaquemine, Louisiana, for which work the land was purchased. ' The facts in the ase are.: '[he vendors oftered to sell the land to th United States for $500. On May 7, 1if00, Major If. M. Adams, Corps of EIgin eers, asked that th DepartII wIt of Justice instruct the Uiteid States attornev for the easteru district of Louisiana to examine the title. 'le district attor- nor exanined the title and ordered from the parish rec'order un ablstmnrft of the title and certificte of mnortgaces, which were furnished. The act of sale wis passed alld recorded March 8. 1.901. aS chLIarged for, aid the revenn stanps were furnished at tihat time. Par ment of t(e punbase price of the laud was miiade March S. 1901. In his letter to the Atturnev-General forwarding the title papers, the district attorney, adverting to the fact that the vendors were to receive $500 net for the land, stated: 'lt will he proper, therefore, for the Government, probrblv through Major Adams, to pay the expenses of the act of sale and the necessary certificates which I Iave proecured arid the stamp required upon the deed.' The Attorney-Generl in apirov- lng the title stated that, when duly executed and slamged. as required by the internal-revenue law, such acA ot sale would pass a vali title. Mr. Grace's bill was recently referred to me by the district attorney for payment. L 22121 213 ADSTRAOT OF TITLE.

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