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the judicial district wherein such suretyship is to be undertaken, who shall be a citizen of the State, Territory, or District of Columbia, wherein such court is held, as its agent, upon whom may be served all lawful process against such company, and who shall be authorized to enter an appearance in its behalf. A copy of such power of attorney, duly certified and authenticated, shall be filed with the clerk of the district court of the United States for such district at each place where a term of such court is or may be held, which copy, or a certified copy thereof, shall be legal evidence in all controversies arising under this act. If any such agent shall be removed, resign, or die, become insane, or otherwise incapable of acting, it shall be the duty of such company to appoint another agent in his place, as hereinbefore prescribed, and until such appointment shall have been made, or during the absence of any agent of such company from such district, service of process may be upon the clerk of the court wherein such suit is brought, with like effect as upon an agent appointed by the company. The officer executing such process surety, may be waived by the Secretary of War, and in practice it is now (May, 1893) waived, and the bond accepted if otherwise valid. And in case where the seal of the notary was omitted, recommended that the instrument be returned to have the seal impressed upon the certificate, for the purpose of such authentication, which would be wanting without it. (Id., par. 553.)

Sureties. The obligation of each surety must be for the whole amount of the penalty; the regulation requiring that the sureties "shall be jointly and severally bound for the whole amount of the bond." So, where the penalty in a quartermaster's joint and several official bond was $10,000, and the sureties, in executing the same, assumed to be bound only in the sum of $5,000 each, the words" for five thousand dollars" being written under each signatureheld that the instrument was contradictory, did not conform to the regulations, and should not be accepted. And similarly held in a case of a bond with a penalty of $40,000, where the sureties wrote opposite their signatures, respectively, "for $35,000," "for $5,000." Sureties can not qualify their obligation by thus limiting their personal liabilities. (Id., par. 535.)

There is no statute or regulation prohibiting an officer of the Army from acting as a surety on the official bond of another officer. Such a relation, however, is not one to be favored. (Id., par. 536.)

Paragraph 572 of the Regulations contemplates plural sureties with bonds of disbursing officers. A justification of a surety, however, is no part of the bond, and as the object of the justification is to satisfy the Secretary of War that the surety is good for double the penalty, the Secretary, where amply satisfied that one certain person offered or executing as surety is pecuniarily sufficient for such amount, would be authorized to accept him (on his properly justifying) as sole surety, and to waive any further surety or sureties with the instrument. A subordinate of course can have no such authority. In view, however, of the terms of the regulation and of the practice under it, this authority would of course most rarely be exercised in cases of disbursing officers' bonds. (Id., par. 537.)

A captain of the commissary department having given bond in a penalty of $12,000, one of his sureties deceased. Paragraph 563, Army Regulations, 1895, prescribes that "the sureties to bonds given by disbursing officers shall be bound jointly and severally." The officer offered a new bond with one surety in a penalty of $6,000. Held that such security would not be legally sufficient, but that a new joint and several bond in the penalty of $12,000 would be required. (Id., par. 552.)

For opinions respecting security companies as sureties see Dig. Opin., J. A. G., pars. 596-602, edition of 1901.

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373. Heads of departments.-When vacancies shall occur in the position of chief of any staff corps or department the President may appoint to such vacancies, by and with the advice and consent of the Senate, officers of the Army at large not below the rank of lieutenantcolonel, and who shall hold office for terms of four years. When a vacancy in the position of chief of any staff corps or department is filled by the appointment of any officer below the rank now provided by law for said office, said chief shall, while so serving, have the same 1ank, pay, and allowances now provided for the chief of such corps or department. Sec. 26, Act of Feb. 2, 1901 (31 Stat. 755).

374. Same-Chief to be selected from permanent officers of corps.So long as there remain in service officers of any staff corps or department holding permanent appointments, the chief of such staff corps or department shall be selected from the officers so remaining therein. Id.

375. Same-Detailed officers eligible for permanent appointment. That hereafter whenever the number of officers holding permanent appointments in any staff corps or staff department of the Army, except the Quartermaster Corps, shall have been reduced below four and a vacancy shall occur in an office above the grade of colonel in said corps or department, any officer of the Army with rank above that of major who shall have served creditably for not less than four years by detail in said corps or department under the provisions of section twenty-six of the Act of Congress approved February second, nineteen hundred and one, shall, in addition to officers otherwise eligible, be eligible for appointment to fill said vacancy. Act of Apr. 27, 1914 (38 Stat. 356).

376. Same-Retirement.-Any officer now holding office in any corps or department who shall hereafter serve as chief of a staff corps or department and shall subsequently be retired, shall be retired with the rank, pay, and allowances authorized by law for the retirement of such corps or department chief. Sec. 26, Act of Feb. 2, 1901 (31 Stat. 755).

377. Promotions in staff corps and departments.-That so long as there remain any officers holding permanent appointments in the Adjutant-General's Department, the Inspector-General's Department, the Quartermaster's Department, the Subsistence Department, the Pay Department, the Ordnance Department, and the Signal Corps, including those appointed to original vacancies in the grades of captain and first lieutenant under the provisions of sections sixteen, seventeen, twenty-one, and twenty-four of this act, they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promotions or to the periods

for which the officers so promoted shall hold their appointments. Sec. 26. id.

378. Details to staff corps and departments.-When any vacancy, exept that of the chief of the department or corps, shall occur which can not be filled by promotion as provided in this section, it shall be filled by detail from the line of the Army, and no more permanet appointments shall be made in those departments or corps after the original vacancies created by this act shall have been filled. Such details shall be made from the grade in which the vacancies ex.st, under such system of examination as the President may from time to time prescribe. Id.

379. Term of detail to staff corps and departments.-All officers so detailed shall serve for a period of four years, at the expiration of which time they shall return to duty with the line, and officers below the rank of lieutenant-colonel shall not again be eligible for selection in any staff department until they shall have served two years with the line. Id.

For special rules in regard to officers serving details in the Ordnance Deparent, see chapter relating to that department.)

380. Appointments and details.-No officer hereafter detailed or inted under the provisions of section twenty-six of the Act of Ferary second, nineteen hundred and one, who has less than four years to serve from the date of his detail or appointment to the date of retirement shall serve under such detail or appointment or be pal as if on the active list beyond the date of his retirement. Act, of June 30, 1902 (32 Stat. 509).

381. Certain officers appointed to rank above that of colonel to

relative position in corps or arm.-Hereafter, except as erwise provided herein, when any officer shall under the proviof section twenty-six of the act of Congress approved February → 1.1, nineteen hundred and one, be appointed to an office with rack above that of colonel, his appointment to said office and his attice of the appointment shall create a vacancy in the arm,

rps, or staff department from which he shall be appointed, asal vacancy shall be filled in the manner prescribed by existing aw. but he shall retain in said arm, staff corps, or staff department, Beste relative position that he would have held if he had not

ted to said office, and he shall return to said relative upon the expiration of his appointment to said office unless be reappointed thereto; and if under the operation of this the number of officers of any particular grade in any arm, , or staff department, shall at any time exceed the number ted by law, no vacancy occurring in said grades shall be

after the total number of officers therein shall have been rei below the number authorized by law; but nothing in this

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