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A79491 1 (1912-07-01)

handle is hein.gao/gaobadadt0001 and id is 1 raw text is: DECISIONS OF THE COMPTROLLER OF THE TREASURY. DONATION OF LAND TO THE UNITED STATES. The prohibition in section 3736, Revised Statutes, against the purchase of land on account of the United States, except under a law authorizing sch purchase. does not extend to land donated to the United States where such donation does not involve an expenditure of the publie money. but the use of a general appropriation or one for contingent expenses. In the absence of express authority of law, is not authorized to pay off lles against the property donated to the United States existing at the time of transfer. Expenditures- from the appropriation. Contingent expenses, Department of Agriculture, 1912, can be made only upon the prior order of the head of the department under section 3683, Revised Statutes. and the waiver by the bead of a department of a departmental regulation that requires prior formal authority to make such expenditures does not operate to waive'the express requirements of the Revised Statutes as to such prior order. Decision by Comptroller Trabewell, Tily 1, 1912: The Auditor for the State and Other Departments reported for approval, disapproval, or modification his decision construing section 3736,.,Revised Statutes, in its application to the payment of two claims transmitted to him by the Department of Agriculture for direct settlement; one of the claims ($20.39) being for taxes for the calendar year 1911, on 160 acres of land in South Dakota deeded by William i. Kilpatrick and wife to the United States by deed dated September 5, 1911, and the other claim ($8.25) being a charge for an abstract of title to the land from said abstract having been procured April 2, 1912. Section 3736, Revised Statutes, provides that- No land stall be purchased on account of the United States except under a law authorizing. such purchase. The auditor decides that: The word ' purchase ' in section 3736 comprehends a conveyance by deed without consideration as well as with consideration-a dona- tion as vell as a sale.

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