« ՆախորդըՇարունակել »
Shius: Delivery of Checks, Drafts, and Wary trein the principal in proper form may be reNads of bureaus, offices, and divisions, in any ok odinis involving payments to be made by the United woney shall always be filed before an attorney or No sewer of attorney shall be recognized which is filed ce de ate accounting officers, even though the settlement cervec sare ssued, unless such power of attorney recites that the y veg uzant of such settlement and of the balance found due. Coses dugmaliy filed in the Treasury Department and audited and codding oicers, payable from appropriations thereafter to be Congress, the drafts, warrants or checks issued for the proceeds of salt be made to the order of the claimant, and may be delivered to se of agent legally authorized to prosecute the same, upon his filing stroment, after the allowance of the claim, the ascertainment of the te, and its submission to Congress for an appropriation, written auexecuted m proper legal form for delivery of such draft, warrant, or
The authority so filed shall describe the claim by the number of certificare of sect'ement, the amount allowed, the title of appropriation from which to ed, the date when submitted to Congress, and the number of the executive document in which it is contained. Drafts, warrants, or checks issued for the proceeds of other like cases audited and allowed by the accounting officers but wich are to be paid from appropriations available at the time of allowance shall so be made to the order of the claimant and may be delivered to the attorney of agent tiling written authority, executed in proper legal form, to receive them. The Secretary of the Treasury reserves the right, however, in any case to send Any chatt, warrant, or check to the claimant direct. (See also paragraph 11 hereof)
( Drafts, warrants, or checks issued in payment of amounts allowed by Congress in favor of corporations and individuals and appropriated for in private o special acts, and for the payment of all other claims presented directly to Congress and prosecuted before its committees, shall be made to the order of claimants and delivered to them in person or mailed to their actual post office addresses.
(d) Drafts, warrants, or checks issued in payment of judgments rendered by the Court of Claims, United States courts, or other courts shall be made to the order of the judgment creditor and delivered to or sent in care of the attorney certified by the court to be the attorney of record upon his filing in the Department written authority, executed in proper legal form, after the date of the rendition of the judgment, for such disposition of such draft, warrant, or check.
(e) When judgments of the Court of Claims, United States courts, or other courts are paid by the United States, a notice of such payment, giving number, class, and date of the draft, warrant or check, and amount paid, will be sent by the Treasury Department to the clerk of the court in which the judgment was entered in order that payment may be entered on the docket of the court.
(11) Substitution of Attorneys or Agents and Revocation of Authority.-(a) Substitution of attorneys or agents may be effected only on the written consent
of the attorney or agent of record, his principal, and the attorney or agent whom it is desired to substitute, and in all cases only with the assent of the head of the bureau, office, or division concerned; provided that where the power of attorney under which an attorney or agent of record is acting expressly confers the power of substitution, such attorney or agent, if in good standing before the Department, may, by a duly executed instrument, substitute another in his stead, such other, however, to be recognized as the attorney or agent only with the assent of the head of the bureau, office, or division concerned.
(b) If a firm dissolve, or those associated as attorneys or agents by virtue of a power of attorney contest the right of either to receive a draft, warrant or check, the principal only shall thereafter be recognized, unless the members or survivors of such firm, or the associates in such power of attorney, file a proper agreement showing which of such members, survivors or associates may continue to prosecute the matter and may receive a draft, warrant or check; and in no case shall a final settlement of the matter or action toward the transmission of a draft, warrant or check to the principal be delayed more than sixty days by reason of the failure to file such agreement.
(c) The revocation by a principal or his legal representatives of authority to prosecute a matter will not be effective, so far as the Treasury Department is concerned, without the assent of the head of the bureau, office or division before which the matter is pending. Where a matter has been suspended pending the furnishing of evidence for which a call' has been made on an attorney or agent, failure to take action thereon within three months from the date of suspension may be deemed by the administrative officer before whom the case is pending cause for revocation of the authority of such attorney or agent without further notice to him.
(d) In the settlement of claims of officers, soldiers, sailors and marines, or their representatives, and all other like claims for pay and allowances within the jurisdiction of the General Accounting Office, the draft, warrant or check for the full amount found due shall be delivered to the payee in person or sent to his bona fide post office address (residence or place of business) in accordance with the provisions of the Act of June 6, 1900 (31 Stat. 637 [Comp. St. § 453]). (12) Ackowledgment of Affidavit.-A declaration, affidavit, or any paper, requiring execution or acknowledgment in connection with any claim, application for reaudit, or other matter before the Treasury Department, must be executed or acknowledged before an officer duly authorized to administer oaths for general purposes who is not interested in the prosecution of the claim or other matter to which the said declaration, affidavit, or paper pertains.
(13) Application and Effective Date of Circular.-This circular supersedes the regulations promulgated by Treasury Department Circular No. 230 of February 15, 1921, as heretofore amended and supplemented, relating to the recognition of attorneys, agents, and others. The regulations contained in this circular shall apply to attorneys, agents, and others representing claimants and others before the Treasury Department in the city of Washington or elsewhere, with the exception as to customhouse brokers set forth in paragraph 3, and shall be effective from and after the 15th day of August, 1923. This circular shall apply to all unsettled matters then pending in this department, or which may hereafter
be presented or referred to the department or offices thereof for adjudication, and shall be applicable to all those now enrolled to practice before the Treasury Department as attorney or agent, provided that nothing herein contained shall be construed to abrogate any rules or orders of the General Accounting Office relating to the fees of attorneys, agents, or others, or to require those now enrolled to apply again to be enrolled.
(14) Circular may be Withdrawn or Amended.-The Secretary of the Treasury may withdraw or amend at any time or from time to time all or any of the foregoing rules and regulations, with or without previous notice, and may make such special orders as he may deem proper in any case.
5. Application for Admission to Practice before the Treasury Department The Honorable the Secretary of the Treasury-Sir:
I,, residing at, with my office at, hereby apply for admission to practice as [attorney or agent] to represent others before
[attorney or agent 48
the Treasury Department, and submit the following information for the purpose of determining my eligibility and fitness for such practice, in compliance with Treasury regulations as set forth in Department Circular No. 230, revised August
1. (a) Are you a citizen of the United States? — (b) Natural born? (c) Naturalized? (d) Where and when naturalized?
(e) Date of birth?.
2. (a) Are you a member of the bar?
(b) If so, of what court?
(c) Attach a recent certificate, under seal, to that effect from said court.
3. (a) Are you engaged in business?
(c) If not, by whom are you employed?
(b) If so, under what name?
or the business of your employer a sole proprietorship?
(d) Is your business
(e) What is the nature of your busi
4. (a) Are you familiar with the laws, rules, and regulations of the Treasury Department? (b) What class of cases do you expect to handle before the Treasury Department? —. (c) Where and when did you receive your preliminary education, and of what did it consist?
(d) Where and when did you receive your professional or technical education, and in what lines? (e) Where and when did you receive your practical business experience, (f) Where and when did you receive (g) What are your par
in what lines and with whom? your professional or technical experience? ticular qualifications rendering you competent to advise and assist claimants in presentation of their cases before the Treasury Department? mit the names and addresses of three business references.
5. (a) Have you ever been rejected, suspended, or disbarred from appearing as attorney or agent, or in any other representative capacity before any branch of the federal government, or of any state government, or of any municipality,
48 Added by Second Supplement to Departmental Circular No. 230, by Treasury Department order dated February 15, 1924.
52 Members of the bar of a court of record will apply as attorneys; all others as agents.
or any court? disbarment.
(b) If so, state details of such rejection, suspension or
6. Are you under indictment or have you ever been convicted of any felony?
7. (a) Have you ever been an officer or employee of the United States? (b) If so, state the office or employment, with dates of appointment to and separation from the service.
8. (a) Have you read and noted Treasury Department Circular No. 230, dated August 15, 1923? (b) If so, have you read and noted particu
larly paragraphs 7 and 8 thereof?
9. Have you filed an affidavit, in duplicate, with reference to contingent fees, in compliance with the order of the Secretary of the Treasury, dated March 21, 1923, as amended April 7, 1923?
10. (a) Have you made previous application to be recognized as attorney or agent before the Treasury Department? (b) If so, state details of such previous application and why you are now making another application.
1,53 do solemnly swear (or affirm) that the statements contained in the foregoing application are true and correct; that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely without any mental reservation or purpose of evasion; and that, if authorized to represent others before the Treasury Department, I will at all times conduct myself strictly in compliance with the laws and regulations governing practice before the department. So help me God.
to represent others before the Treasury Department has been examined, and after consideration it is recommended that the application be
Washington, ———————————, 192—.
Committee on Enrollment and Disbarment, Treasury Department.
Approved by the Secretary.
(See Schedule No.
53 This oath may be taken before any justice of the peace, notary public, or other person who is legally authorized to administer an oath in the state, territory or district
6. Specimen Affidavit to be Filed in Compliance with Order of the Secretary of the Treasury, Dated March 21, 1923, as Amended April 7, 1923 I, John Doe, being duly sworn, depose and say: That I am an attorney (or agent) with offices at (street) (city) -, (state)
That I have made application (and am duly authorized) 54 to practice before the Treasury Department as an attorney (or agent) in accordance with the provisions of Treasury Department Circular No. 230, revised August 15, 1923.
That, with the exception of the following named cases,55 I am not handling any business before the Treasury Department on a contingent basis, and will not handle any business before the Treasury Department on a contingent basis, without first giving specific notice to the said Department and filing an affidavit, in duplicate, as required by order of the Secretary of the Treasury dated March 21, 1923, as amended April 7, 1923:
That none of the business handled by me before the said department was obtained by any solicitation on my part in violation of paragraph 7 of Treasury Department Circular No. 230, revised August 15, 1923.
Subscribed and sworn to before me this
John Doe, 192-. Notary Public.
where the application is executed. The seal of the officer administering the oath must be affixed, or, if he has no seal, his official character must be duly certified under seal.
54 If applicant has not been admitted to practice before the Treasury Department, strike out the words inclosed in parentheses.
53 If no cases are being handled on a contingent basis, strike out preceding words in this sentence.