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Private rights, But nothing herein shall have the effect to create any private right, &c.; how affected. except that of holding and executing municipal offices, or to divest any

such right, or to make valid or invalid any contract or obligation heretofore made by or on behalf of any such town, city or other municipal corporation, or to authorize any such corporation to incur hereafter any debt or obligation other than such as shall be necessary to the administration of its internal affairs. (June 8, 1878.]

CHAPTER 169.

June 8, 1878. AN ACT TO PROVIDE FOR CIRCUIT AND DISTRICT COURTS OF THE UNITED STATES AT

TOLEDO, OHIO.
20 Stat. L., 101.
SECTION

SECTION
1. Circuit and district court in Ohio; when to 4. Offenses; where to be tried.
be held at Toledo.

5. Pending cases may be transferred, &c.
One grand and one netit jury for both courts. 6. Jurors; their residence.
2. Northern district divided into eastern and Process may be executed in other divisions.
western divisions.

7. When act takes effect. - with no additional cl-rk or marshal.

Repeal. 3. Suits; in which division to be brought.

Issues of fact; where to be tried.

Be it enacted, &c. Circuit and dis- [SECTION 1], That a term of the circuit court and district court for trict court in Ohio; the northern District of Ohio shall be held at Toledo, in said State, on when to be held the first Tuesday of the months of June and December in each year;

. R. S., 09 572,658.

One grand and And one grand jury and one petit jury only shall be summoned, and one petit jury for serve in both of said courts at each term thereof. both courts. Repeal.

And the existing provisions of law fixing the times of holding the

district court at Toledo are hereby repealed. Northern district SEC. 2. Said northern district shall be, and hereby is, divided into divided into

two divisions, to be known as the eastern and the western division of R. S., $ 544. the northern district of Ohio. -western divis- The western division shall consist of twenty-four counties, to wit; ion,

Williams, Defiance, Paulding, Van Wert, Mercer, Auglaize, Allen, Putnam, Henry, Fulton, Lucas, Wood,

Hancock, Hardin, Logan, Union, Delaware, Marion, Wyandot, Seneca, Saudusky, Ottawa, Erie, and Huron; - eastern division.

And the eastern division shall consist of the remaining counties in 1880, Feb. 4, ch. said district. 18, 01. - with no addi.

But no additional clerk or marshal shall be appointed in said district. tional clerk or marshal.

Suits; in which SEC. 3. All suits not of a local nature in the circuit and district courts, division to be against a single defendant, inhabitant of such State, must be brought brought.

in the division of the district where he resides; but if there are two or more defendants, residing in different divisions of the district, such suits

may be brought in either division. Issues of fact; All issues of fact in such suits shall be tried at a term of the court where to be tried. held in the division where the suit is so brought.

Offenses; where SEC. 4. All offenses committed in either of the subdivisions shall be to be tried,

cognizable and indictable within said division. Pending cases Sec. 5. Actions or proceedings now pending at Cleveland, in said dismay be trans- trict, which would under this act be brought in the western division of ferred, c.

said 'district, may be transferred, by consent of all the parties, to said western division;

And in case of such transfer, all papers and files therein, with copies of all journal-entries, shall be transferred to the deputy clerk's office at Toledo;

And the same shall be proceeded with in all respects as though it

originally commenced in the western division. Jurors; their res- SEC. 6. All grand and petit jurors summoned for service in each divisidence,

ion shall be residents of such division.

All mesne and final process, subject to the provisions hereinbefore Process may be contained, issued in either of said divisions, may be served and executed executed in either

division. in either or both of the divisions.

SEC. 7. This act shall be in force from and after the first day of Sep- When act takes tember, anno Domini eighteen hundred and seventy-eight.

effect, &c. And all acts and parts of acts inconsistent herewith are hereby re- Repeal. pealed. [June 8, 1878.]

CHAPTER 170

AN ACT TO AUTHORIZE THE SECRETARY OF THE TREASURY TO CONSTITUTE SUPER

INTENDENTS OF MINTS OR ASSAYERS IN ASSAY-OFFICES, ASSISTANT TREASURERS
OF THE UNITED STATES.

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Superintendents of mints may be authorized to receive deposits of gold and issuo cortificates therefor.

Be it enacted, &c., That the Secretary of the Treasury be and he is Superintendents hereby authorized to constitute any superintendent of a mint or assayer oft mints may be

a

authorized of any assay-office, an assistant treasurer of the United States without

ceive deposits of additional compensation, to receive gold coin and bullion on deposit for gold and issue certhe purposes provided for in section two hundred and fifty-four of the fificates therefor. Revised Statutes. (June 8, 1878.]

R.S., $ 254.

CHAPTER 180.

AN ACT PROVIDING A PERMANENT FORM OF GOVERNMENT FOR THE DISTRICT OF June 11, 1878. COLUMBIA.

20 Stat. L., 102. SECTION

SECTION 1. District of Columbia a municipal corpora- Interest on 3.65 bonds to be paid by Secretary tion, &c.

of Treasury: 2. Commissioners to be appointed.

5. Repairs of streets, alloys, &c., and laying Engineer Commissioner.

pavements, notice to be given; and 'proCivil Commissioners.

posals, how accepted, &c. President of board.

Contracts; how entered into, &c. Oath.

Provisions as to laying pavements. Salary and bond.

Cost of laying pavements, sowers, &c.; how Term of office.

paid. Who shall not be sureties on bonds to District. Railways refusing to pave. 3. Powers and property vested in Commissioners. Railways crossing streets. Application of revenues.

Water and gas mains. Hacks.

Assistant to Engineer Commissioner to bo doTaxes not to be hypothecated.

tailed. Oflices may be abolished or consolidated. 6. Police and school boards abolished, and duties Lights.

transferred to Commissioners. Pending suits and existing rights not affected. School trustees; how appointed, and their Annual estimates.

powers. - to be considered and approved by Secretary 7. Duties of sinking-fund commissioners trans. of Treasury.

ferred to United States Treasurer. Congress to appropriato fifty per cent. of esti. 8. Health officer in place of board of health. mates approved, and remainder to be col- 9. Sanitary inspectors; their appointment, du. lected by taxation.

ties, &c. Limit of taxation.

Health officer to report annually. -on agricultural lands.

10. Clerks for health officer, &c. Tax notice.

11. Salaries of health officer and sanitary inspectDeduction, &c., for prompt payinent.

org. 4. Regulation of payment of taxos may be made -of clerks and assistants. by Commissioners.

12. Commissioners to report to Congress. Taxes to be paid into United States Treasury, 13. District debt not to be increased. and disbursements; how made.

14. Certain taxes on collegiate establishments, Accounts to be settled by accounting officers

&c., to be refunded. of Treasury.

15. Repeal. Be it enacted, &c.

[SECTION 1], That all the territory which was ceded by the State of District of CoMaryland to the Congress of the United States for the permanent seat lumbia a municiof the government of the United States shall continue

to be designated pal corporation, as the District of Columbia.

1874, June 20, cb. Said District and the property and persons that may be therein shall 337. be subject to the following provisions for the government of the same, and also to any existing laws applicable thereto not hereby repealed or inconsistent with the provisions of this act.

&c.

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The District of Columbia shall remain and continue a municipal corporation, as provided in section two of the Revised Statutes relating to said District, and the Commissioners herein provided for shall be deemed and taken as officers of such corporation; and all laws now in force relating to the District of Columbia not inconsistent with the provisions

of this act shall remain in full force and effect. Commissioners SEC. 2. That within twenty days after the approval of this act the to bo appointed, President of the United States, by and with the advice and consent of

the Senate, is hereby authorized to appoint two persons, who, with an officer of the Corps of Engineers of the United States Army, whose lineal rank shall be above that of captain, shall be Commissioners of the

District of Columbia, and who, from and after July first, eighteen hunPowers, &c.

dred and seventy-eight, shall exercise all the powers and authority now vested in the Commissioners of said District, except as are hereinafter limited or provided, and shall be subject to all restrictions and limita

tions and duties which are now imposed upon said Commissioners. Engineer Com- The Commissioner who shall be an officer detailed, from time to time, missioner. from the Corps of Engineers, by the President, for this duty, shall not

be required to perform any other, nor shall he receive any other com.

pensation than his regular pay and allowances as an officer of the Army. Civil Commis- The two persons appointed from civil life shall, at the time of their sioners.

appointment, be citizens of the United States, and shall have been actual residents of the District of Columbia for three years next before their appointment, and have, during that period, claimed residence

nowhere else, President of And one of said three Commissioners shall be chosen president of the board.

Board of Commissioners at their first meeting, and annually and when.

ever a vacancy shall occur, thereafter; Oath.

And said Commissioners shall each of them, before entering upon the discharge of his duties, take an oath or affirmation to support the Constitution of the United States, and to faithfully discharge the duties im

posed upon him by law; Salary and bond. And said Commissioners appointed from civil life, shall each receive

for his services a compensation at the rate of five thousand dollars per annum, and shall, before entering upon the duties of the office, each give bond in the sum of fifty thousand dollars, with surety as is re

quired by existing law. Term of office. The official term of said Commissioners appointed from civil life shall 16 Opin. Attiy- be three years, and until their successors are appointed and qualified; Gen., 537.

but the first appointment shall be one Commissioner for one year and one for two years, and at the expiration of their respective terms their

successors shall be appointed for three years. Who shall not be Neither of said Cominissioners, nor any officer whatsoever of the Dis. suretios on bonds trict of Columbia, shall be accepted as surety upon any bond required to District.

to be given to the District of Columbia; nor shall any contractor be ac

cepted as surety for any officer or other contractor in said District Powers and SEC. 3. That as soon as the Coinmissioners appointed and detailed as property vested in aforesaid shall have taken and subscribed the oath or affirmation hereCommissioners. 1874, June 20, ch.

inbefore required, all the powers, rights, duties, and privileges lawfully 337.

exercised by, and all property, estate, and effects now vested by law in 1878, June 20, ch. the Commissioners appointed under the provisions of the act of Congress 359, N 1, par. 2. approved June twentieth, eighteen hundred and seventy four, shall be

18-1, Jan. 25, ch. transferred to and vested in and imposed upon said Commissioners; and 27.

the functions of the Commissioners so appointed under the act of June twentieth, eighteen hundred and seventy-four, shall cease and deter

mine. Application of And the Commissioners of the District of Columbia shall have power,

subject to the limitations and provisions herein contained, to apply the 1874, June 20, ch. 337, V 2.

taxes or other revenues of said District to the payment of the current 1875, March 1, expenses thereof, to the support of the public schools, the fire departch. 117.

ment, and the police, and for that purpose shall take possession and supervision of all the offices, books, papers, records, moneys, credits,

revenues.

securities, assets, and accounts belonging or appertaining to the busi-
ness or interests of the government of the District of Columbia, and
exercise the duties, powers, and authority aforesaid;
But said Commissioners, in the exercise of such duties, powers,

and authority, shall make no contract, nor incur any obligation other than such contracts and obligations as are hereinafter provided for and shall be approved by Congress.

The Commissioners shall have power to locate the places where hacks Hacks. shall stand and change them as often as the public interests require. Any person violating any orders lawfully made in pursuance of this power shall be subject to a fine of not less than ten nor more than one hundred dollars, to be recovered before any justice of the peace in an action in the name of the Commissioners.

All taxes heretofore lawfully assessed and due, or to become due, shall Taxes not to be be collected pursuant to law, except as herein otherwise provided; but hypothecated. said Commissioners shall have no power to anticipate taxes by a sale or

1874, June 20, ch.

337, \ 2. hypothecation of any such taxes or evidences thereof, but they may borrow, for the first fiscal year after this act takes effect, in anticipation of collection of revenues, not to exceed two hundred thousand dollars, at a rate of interest not exceeding five per centum per annum, which shall be repaid out of the revenues of that year. And said Commissioners are hereby authorized to abolish any office,

Offices may be

abolished or conto consolidate two or more offices, reduce the number of employees,

o solidated. remove from office, and make appointments to any office under them

1874, June 20, ch. authorized by law;

337, 02.

16 Opin. Att'y

Gen., 179. Said Commissioners shall have power to erect light, and maintain Lights. lamp-posts, with lamps, outside of the city limits, when, in their judg. ment, it shall be deemed proper or necessary:

Prorided, That nothing in this act contained shall be construed to Pending suits abate in any wise or interfere with any suit pending in favor of or and existing rights against the District of Columbia or the Commissioners thereof, or affect not affected. any right, penalty, forfeiture, or cause of action existing in favor of said District or Commissioners, or any citizen of the District of Columbia, or any other person, but the same may be commenced, proceeded for, or prosecuted to final judgment, and the corporation shall be bound thereby as if the suit had been originally commenced for or against said corporation.

The said Commissioners shall submit to the Secretary of the Treasury Annual estifor the fiscal year ending June thirtieth, eighteen hundred and seventy. mates. nine, and annually thereafter, for his examination and approval, a state

1880, June 4, ch.

121, 2. ment showing in detail the work proposed to be undertaken by them 1881, March 3, during the fiscal year next ensuing, and the estimated cost thereof; ch. 134, \ 1, par. 5.

Also the cost of constructing, repairing, and maintaining all bridges authorized by law across the Potomac River within the District of Columbia, and also all other streams in said District;

The cost of maintaining all public institutions of charity, reformato. ries, and prisons belonging to or controlled wholly or in part by the District of Columbia, and which are now by law supported wholly or in part by the United States or District of Columbia ;

And also the expenses of the Washington Aqueduct and its appurtenances ;

And also an itemized statement and estimate of the amount necessary to defray the expenses of the government of the District of Columbia for the next fiscal year:

Provided, That nothing herein contained shall be construed as transferring from the United States authorities any of the public works within the District of Columbia now in the control or supervision of said authorities.

The Secretary of the Treasury shall carefully consider all estimates – to be considered submitted to him as above provided, and shall approve, disapprove, or and

approved by suggest such changes in the same, or any item thereof, as he may think Secretary of Treasthe public interest demands; and after he shall have considered and passed upon such estimates submitted to him, he shall cause to be made a statement of the amount approved by him and the fund or purpose to which each item belongs, which statement shall be certified by him, and delivered, together with the estimates as originally submitted, to the Commissioners of the District of Columbia, who shall transmit the same

ury.

to Congress. Congress to ap- To the extent to which Congress shall approve of said estimates, Conpropriate fifty per gress shall appropriate the amount of fifty per centum thereof; and the cent. of estimates approved, and re

remaining fifty per centum of such approved estimates shall be levied mainder to be col- and assessed upon the taxable property and privileges in said District lected by taxation. other than the property of the United States and of the District of Co

lumbia; and all proceedings in the assessing, equalizing, and levying of said taxes, the collection thereof, the listing return and penalty for taxes in arrears, the advertising for sale and the sale of property for delinquent taxes, the redemption thereof, the proceedings to enforce the lien upon unredeemed property, and every other act and thing now required to be done in the premises, shall be done and performed at the times and in the manner now provided by law, except in so far as is

otherwise provided by this act: Limit of taxa- Provided, That the rate of taxation in any one year shall not exceed tion.

one dollar and fifty cents on every one hundred dollars of real estate not exempted by law; and on personal property not taxable elsewhere, one dollar and fifty cents on every one hundred dollars, according to

the cash valuation thereof: -on agricultural And provided further, Upon real property held and used exclusively lands.

for agricultural purposes, without the limits of the cities of Washington and Georgetown, and to be so designated by the assessors in their an. nual returns, the rate for any one year shall not exceed one dollar on

every one hundred dollars. Tax notice. The collector of taxes, upon the receipt of the duplicate of assessment,

shall give notice for one week, in one newspaper published in the city

of Washington, that he is ready to receive taxes; Deduction, &c., And any person who shall, within thirty days after such notice given, for prompt pay- pay the taxes assessed against him, shall be allowed by the collector a

1877, ch. 117 (19 deduction of five per centum on the amount of his tax; all penalties Stat. L., 396). imposed by the act approved March third, eighteen hundred and sev

enty-seven, chapter one hundred and seventeen, upon delinquents for default in the payment of taxes levied under said act, at the time specified therein, shali, upon payment of the said taxes assessed against such delinquents within three months from the passage of this act, with in

terest at the rate of six per cent thereon, be remitted. Regulations of SEC. 4. That the said Commissioners may, by general regulations payment of taxes consistent with the act of Congress of March third, eighteen hundred may be made by and seventy-seven, entitled "An act for the support of the government

. 1877, ch. 117 (19 of the District of Columbia for the fiscal year ending June thirtieth, Stat. L., 396). eighteen hundred and seventy-eight, and for other purposes”, or with

other existing laws, prescribe the time or times for the payment of all

taxes and the duties of assessors and collectors in relation thereto. Taxes to be paid All taxes collected shall be paid into the Treasury of the United States, into United States and the same, as well as the appropriations to be made by Congress as bursements; how

aforesaid, shall be disbursed for the expenses of said District, on itemmade.

ized vouchers, which shall have been audited and approved by the audi1875, March 3, tor of the District of Columbia, certified by said Commissioners, or a ch. 162, § 13.

majority of them; 1879, March 3, ch. 182, 2. 1880, June 4, ch. 121, 2.

Accounts to be And the accounts of said Commissioners, and the tax collectors, and settled by account- all other officers required to account, shall be settled and adjusted by ing officers of the accounting-officers of the Treasury Department of the United States. Treasury.

Interest on 3.65 Hereafter the Secretary of the Treasury shall pay the interest on the bonds to be paid three-sixty-five bonds of the District of Columbia issued in pursuance of

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