« PreviousContinue »
Insane in the District of Columbia all persons who, having been charged with offenses against the United States, are in the actual custody of its officers, and all persons who have been or shall be convicted of any offense in a court of the United States and are imprisoned in any State prison or penitentiary of any State or Territory, and who during the term of their imprisonment have or shall become and be insane. Sec. 1, act of June 23, 1874 (18 Stat. 251), as amended by act of Aug. 7, 1882 (22 Stat. 330).
Recent Army appropriation acts, in making the appropriation for the transportation of the Army, and its supplies, have provided for transportation on release from confineSee 538, ante.
Notes of Decisions.
Transfer of insane convicts to hospital.Insane convicts in the penitentiar ct the District of Columbia may be transferred to
the insane asylum on order of the Secretary of the Interior. (1857) S Op. Atty. Gen. 390,
2054. Return of convicts from Saint Elizabeths Hospital to prison.—That whenever such insane conviet shall be restored to sanity, after he or she shall have been transferred under the provisions of this act, he or she shall be returned to the prison or penitentiary from which the transfer was made, provided the term of imprisonment shall not have expired. The questions of sanity in all cases arising under this act shall be determined in accordance with the rules and regulations of existing laws, State or national, on that subject, applicable to the prison, penitentiary, or asylum where such convict shall be confined. Sec. 3, act of June 23, 1871 (18 Stat. 252).
2055. Transfer of patients from Saint Elizabeths Hospital to other hospitals.The Secretary of War is authorized, during the existing emergency, to transfer to the various public hospitals for the care of the insane, patients of every class entitled to treatment in Saint Elizabeths Hospital and that are admitted on order of the Secretary of War.
* The superintendent of such public hospital shall possess the right to retain the aforementioned class of patients in his hospital in the same manner and to the same extent as now possessed by the Superintendent of Saint Elizabeths Hospital.
The Superintendent of Saint Elizabeths Hospital, with the approval of the Secretary of the Interior, shall transfer to the various public hospitals out of the various appropriations made by Congress for the support and treatment of patients in Saint Elizabeths Hospital a sum sufficient to pay for the support and treatment of patients sent to public hospitals as herein provided, based upon the per capita cost of mainteuance in Saint Elizabeths Hospital, said payment not to exceed at any time the exact cost of support and treatment of such patients. Act of Oct. 6, 1917 (10 Stat. 373), making appropriations to supply deficiencies.
2056. Insane of the Army, etc., committed to public hospitals in California.The Secretary of War may, in his discretion, contract for the care, maintenance, and treatment of the insane of the Army, and innates of the National Home for Disabled Volunteer Soldiers on the Pacific coast at any State asylum in California, in all cases which he is now authorized by law to cause to be sent to the Government Hospital for the Insane in the District of Columbia. Act of Alar. 3, 1901 (31 Stat. 1163).
The establishment of a branch home on the Pacific coast was authorized by act Mar. 2, 1887 (24 Stat. 444).
See notes to R. S. 1843, ante, 2030.
2057. Care of the insane in the Philippine Islands.- * • Prorided, That hereafter the Secretary of War may, in his discretion, contract for the care, maintenance, and treatment of the insane natives of the Philippine Islands serving in the Army of the United States at any asylum in the Philippine Islands in all cases which he is now authorized by law to cause to be sent to the Government Hospital for the Insane in the District of Columbia. Act of May 11, 1903 (35 Stat. 122).
For care, maintenance, and treatment at asylums in the Philippine Islands of insane natives of the Philippine Islands cared for in such institutions conformable to the Act of Congress approved May 11, 1908, $2,000. Act of June 5, 1920 (41 Stat. 968), making appropriations for the support of the Army: Bureau of Insular Affairs.
2058. Care of the insane in Porto Rico.--For care, maintenance, and treatment at asylums in Porto Rico of insane soldiers of the Porto Rico Regiment of Infantry, $100. Act of June 5, 1920 (41 Stat. 968), making appropriations for the support of the Army: Bureau of Insular Affairs.
2059. Insane prisoners of war and interned aliens.—Interned persons and prisoners of war, under the jurisdiction of the War Department, who are or may become insane hereafter shall be entitled to admission for treatment to Saint Elizabeths Hospital. Act of Oct. 6, 1917 (40 Stat. 373), making appropriations to supply deficiencies.
2060. Transfer of insane from military hospitals to nearest public hospitals.The Secretary of War is authorized to transfer from any military hospital to the nearest available public hospital for the care of the insane any insane patient who is in need of treatment, preference being given to the hospital nearest to the place of the patient's enlistment.
Act of Oct. 6, 1917 (40 Stat. 373). 2061. Interdepartmental Social Hygiene Board.—That there is hereby created a board to be known as the Interdepartmental Social Hygiene Board, to consist of the Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury as ex officio members, and of the Surgeon General of the Army, the Surgeon General of the Navy, and the Surgeon General of the Public Health Service, or of representatives designated by the Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury, respectively. The duties of the board shall be: (1) To recommend rules and regulations for the expenditure of moneys allotted to the States under section five of this chapter; (2) to select the institutions and organizations and fix the allotments to each institution under said section five; (3) to recommend to the Secretary of the Treasury, the Secretary of War, and the Secretary of the Navy such general measures as will promote correlation and efficiency in carrying out the purposes of this chapter by their respective departments; and (4) to direct the expenditure of the sum of $100,000 referred to in the last paragraph of section seven of this chapter. The board shall meet at least quarterly, and shall elect annually one of its members as chairman, and shall adopt rules and regulations for the conduct of its business. Sec. 1, chap. XV, act of July 9, 1918 (40 Stat. 886).
2062. States assisted in care of venereal patients.—That the Secretary of War and the Secretary of the Navy are hereby authorized and directed to adopt measures for the purpose of assisting the various States in caring for civilian persons whose detention, isolation, quarantine, or commitment to institutions nay be found necessary for the protection of the military and naval forces of the United States against venereal diseases. Scc. 2, chap. IV, act of July 9, 1918 (40 Stat. 886).
That there is hereby appropriated, out of any money in the Treasury not ctherwise appropriated, the sum of $1,000,000, to be expended under the joint direction of the Secretary of War and the Secretary of the Navy to carry out the provisions of section two of this chapter: Prorided, That the appropriation herein made shall not be deemed exclusive, but shall be in addition to other appropriations of a more general character which are applicable to the same or similar purposes. Sec. 5, chap. IV, act of July 9, 1918 (40 Stat. 887).
That the terms “ State and “States," as used in this chapter, shall be held to include the District of Columbia. Sec. 8, chap. XV, act of July 9, 1918 (10 Stat. 887).
For assisting the States in protecting the military and naval forces of the l'nited States against venereal diseases, $150,000; and the unexpended balance on June 30, 1920 (approximately $230,000), of the appropriation heretofore minde for this purpose is continued and made available during the fiscal year 1921: Provided, That no part of these sums shall be expended in assisting reformatories, detention homes, hospitals, or other similar institutions in the maintenance of venereally infected persons;
Act of June 5, 1920 (41 Stat. 888), making appropriations for sundry civil eepense8: Interdepartmental Social Hygiene Board.
2063. Research for the Interdepartmental Social Hygiene Board.-That there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated * * * annually for two fiscal years, beginning with the fiscal year commencing July first, nineteen hundred and eighteen, * * the sum of $100,000, which shall be paid to such universities, colleges, or other suitable institutions, as in the judgment of the Interdepartmental Social Hygiene Board are qualified for scientific research, for the purpose of discovering, in accordance with rules and regulations prescribed by the Interdepartmental Social Hygiene Board, more effective medical measures in the prevention and treatment of venereal diseases; the sum of $300,000, which shall be paid to such universities, colleges, or other suitable institutions or organizations, as in the judgment of the Interdepartmental Social Hygiene Board are qualified for scientific research, for the purpose of discovering and developing more effective educational measures in the prevention of venereal diseases, and for the purpose of sociological and psychological research related thereto. Sec. 6, chap. XV, act of July 9, 1918 (40 Stat. 887).
That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated,
the sum of $100,000 to be used under the direction of the Interdepartmental Social Hygiene Board for any purpose for which any of the appropriations made by this chapter are available. Sec. 7, chap. IV, act of July 9, 1918 (40 stat. 887).
For payment to universities, colleges, and other suitable institutions, for scientific research for the purpose of discovering more effective medical measures in the prevention and treatment of venereal diseases, $85,000;
For payment to universities, colleges, and other suitable institutions and organizations for the purpose of discovering and developing more effective educational measures in the prevention of veneral diseases, $250,000;
No part of the respective sums contained in the two preceding paragraphs shall be paid to any university, college, institution, or organization which does not set aside an additional sum for the same purpose at least equal to the amount to be received from the United States; * Act of June 5, 1920 (41 Stat. 888), making appropriations for sundry civil expenses: Interdepartmental Social Il ygiene Board.
CIVIL RELIEF OF SOLDIERS.
Protection of debtors, 2064.
civil relief act, 2069. Attorneys of soldiers, 2070. Affidavits
Filed after entry of judgment, 2072. Judgment on default :
Protection of soldiers, 2073.
Breach of contract, 2076.
2077. Continuance, 2078. Period of military service not included
in time of statutes of limitations,
2079. Codefendants proceeded against, 2080. Evidence of military service, 2081.
Proof of death, 2082.
Protection of owner, 2085.
Rent not paid by dependents of soldiers :
Protection of tenants, 2089.
Compulsory allotment of pay, 2091. Installments on purchase of real property
unpaid, 2092. Mortgage obligations :
Stay of proceedings, 2093.
Sale of property restricted, 2094. Life insurance : Definitions of policy, premium, insured,
insurer, 2095. Protection of policies, 2096.
Application for, 2097.
Voidable policies rejected, 2101.
Reserves maintained by, 2105.
2107. Unpaid premiumsDeducted from proceeds of policy in
case of death, 2108. Lapse of policy after discharge from
military service, 2109. Income tax, 2110. Tax on assessments, 2111. Not levied if proceeds inure to benefit of
2064. Protection of debtors.--No enlisted man shall, during his term of service, be arrested on mesne process, or taken or charged in execution for any debt, unless it was contracted before his enlistment, and amounted to twenty dollars when first contracted. R. S. 1237.
2065, Suspension of legal proceedings.—That for the purpose of enabling the l'nited States the more successfully to prosecute and carry on the war in which it is at present engaged, protection is hereby extended to persons in military service of the United States in order to prevent prejudice or injury to their civil rights during their term of service and to enable them to devote their entire energy to the military needs of the Nation, and to this end the following provisions are made for the temporary suspension of legal proceedings and transactions which may prejudice the civil rights of persons in such service during the continuance of the present war. Sec. 100, act of March 8, 1918 (40 Stat. 440).
Sec. 604, act of Mar. 8, 1918 (40 Stat. 449), provides " That this Act may be cited as the Soldiers' and Sailors' Civil Relief Act."
2066. Period during which Soldiers' and Sailors' Civil Relief Act will be in force.—That this Act shall remain in force until the termination of the war, and for six months thereafter: Provided, That wherever under any section or provision of this Act a proceeding, remedy, privilege, stay, limitation, accounting, or other transaction has been authorized or provided, the due exercise or enjoyment of which may extend beyond the period herein fixed for the termination of this Act, such section or provision shall be deemed to continue in full force and effect so long as may be necessary to the exercise or enjoyment of the proceeding, remedy, privilege, stay, linritation, accounting, or transaction aforesaid. Scc. 603, act of March 8, 1918 (40 Stat. 449).
For joint resolution providing that certain statutes the operation of which is contingent upon the existence of a state of war shall be construed as if the World War bad ended on March 3, 1921, see 2833, post.
Notes of Decisions.
Foreclosure of mortgage.- Where a bond was signed by a chief yeoman in the Naval Reserve, and was secured by a mortgage on the real estate of another person, the mortgage may be foreclosed in regular course, in the absence of proof that injury would result to the sailor by reason of his being in the service, and that he is thereby
unable to protect his interest. A stay in entering personal judgment against the sailor for any deficiency over the amount realized from the real estate was properly granted by the trial court until six months after the termination of the war with Germany. Dietz v. Treupel (1918) 170 N. Y. Supp. 108.
2067. Relief of sureties, etc., of soldiers.- Whenever pursuant to any of the provisions of this Act the enforcement of any obligation or liability, the prosecution of any suit or proceeding, the entry or enforcement of any order, writ, judgment, or decree, or the performance of any other act, may be stayed, postponed, or suspended, such stay, postponement, or suspension may, in the discretion of the court, likewise be granted to sureties, guarantors, indorsers, and others subject to the obligation or liability, the performance or enforcement of which is stayed, postponed, or suspended.
When a judgment or decree is vacated or set aside in whole or in part, as provided in this Act, the same may, in the discretion of the court, likewise be set aside and vacated as to any surety, guarantor, indorser, or other person liable upon the contract or liability for the enforcement of which the judgment or decree was entered. Sec. 103, act of Mar. 8, 1918 (40 Stat. 411).
2068. Definition of terms used in the Soldiers' and Sailors' Civil Relief Act. (1) That the term persons in military service," as used in this Act, shall include the following persons and no others: All oflicers and enlisted men of the Regular Army, the Regular Army Reserve, the Oflicers' Reserve Corps, and the Enlisted Reserve Corps; all oflicers and enlisted men of the National Guard and National Guard Reserve recognized by the Militia Bureau of the War Department; all forces raised under the Act entitled “An Act to authorize the President to increase temporarily the Military Establishment of the United States," approved May eighteenth, nineteen hundred and seventeen; all officers and enlisted men of the Navy, the Marine Corps, and the Coast Guard; all officers and enlisted men of the Naval Militia, Naval Reserve force, Marine Corps