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the act of Congress approved June twentieth, eighteen hundred and by Secretary of seventy-four, when the same shall become due and payable; and all Treasury;

1874, ch. 337, 07. amounts so paid shall be credited as a part of the appropriation for the

1875, Feb. 20, ch. year by the United States toward the expenses of the District of Colum- 94. bia, as hereinbefore provided:

1879, March 3,

ch. 182, \ 2. SEC. 5. That bereafter when any repairs of streets, avenues, alleys, Rop airs of or sewers within the District of Columbia are to be made, or when new streets, alleys, &c., pavements are to be substituted in place of those worn 'out, new ones and laying of pavelaid, or new streets opened, sowers built, or any works the total cost of be given; and prowhich shall exceed the sum of one thousand dollars, notice shall be posals, how acgiven in one newspaper in Washington and if the total cost shall exceed cepted, &c. five thousand dollars, then in one newspaper in each of the cities of New York, Philadelphia, and Baltimore also for one week, for proposals, with full specifications as to materials for the whole or any portion of the works proposed to be done;

And the lowest responsible proposal for the kind and character of pavement or other work which the Coinmissioners shall determine upon shall in all cases be accepte:1:

Provided, however, That the Commissioners shall have the right, in their discretion, to reject all of such proposals:

Provided, That work capable of being executed under a single contract shall not be subdivided so as to reduce the sum of money to be paid therefor to less than one thousand dollars.

All contracts for the construction, improvement, alteration, or repairs Contracts; how of the streets, avenues, highways, alleys, gutters, sewers, and all work entered into, &c. of like nature shall be made and entered into only by and with the otficial unanimous consent of the Commissioners of the District, and all contracts shall be copied in a book kept for that purpose and be signed by the said Commissioners, and no contract involving an expenditure of more than one hundred dollars shall be valid until recorded and signed as aforesaid.

No pavement shall be accepted nor any pavement laid except that of Provisions as to the best material of its kind known for that purpose, laid in the most laying pavements. substantial manner;

And good and sufficient bonds to the United States, in a penal sum not less than the amount of the contract, with sureties to be approved by the Commissioners of the District of Columbia, shall be required from all contractors, guaranteeing that the terms of their contracts shall be strictly and faithfully performed to the satisfaction of and acceptance by said Commissioners; and that the contractors shall keep new pavements or other new works in repair for a term of five years from the date of the completion of their contracts;

And ten per centum of the cost of all new works shall be retained as an additional security and a guarantee fund to keep the same in repair for said term, which said per centum shall be invested in registered bonds of the United States or of the District of Columbia and the interest thereon paid to said contractors,

The cost of laying down said pavement, sewers, and other works, or Cost of laying of repairing the same, shall be paid for in the following proportions and pavements, sexmanner, to wit:

ers, &c.; how paid. When any street or avenue through which a street-railway runs shall be paved, such railway company shall bear all of the expense for that portion of the work lying between the exterior rails of the tracks of such roads, and for a distance of two feet from and exterior to such track or tracks on each side thereof, and of keeping the same in repair;

But the said railway companies, having conformed to the grades established by the Commissioners, may use such cobblestone or Belgian blocks for paving their tracks, or the space between their tracks, as the Commissioners may direct;

The United States shall pay one-half of the cost of all work done under the provisions of this section, except that done by the railway

companies, which payment shall be credited as part of the fifty per centum which the United States contributes toward the expenses of the District of Columbia for that year;

And all payments shall be made by the Secretary of the Treasury on the warrant or order of the Commissioners of the District of Columbia or a majority thereof, in such amounts and at such times as they may

deem safe and proper in view of the progress of the work: Railways refus- That if any street railway company shall neglect or refuse to perform ing to pave. the work required by this act, said pavement shall be laid between the

tracks and exterior thereto of such railway by the District of Columbia;

And if such company shall fail or refuse to pay the sum due from them in respect of the work done by or under the orders of the proper officials of said District in such case of the neglect or refusal of such railway company to perform the work required as aforesaid, the Commissioners of the District of Columbia shall issue certificates of indebtedness against the property, real or personal, of such railway company, which certificates shall bear interest at the rate of ten per centum per annum until paid, and which, until they are paid, shall remain and be a lien upon the property on or against which they are issued together with the franchise of said company;

And if the said certificates are not paid within one year, the said Commissioners of the District of Columbia may proceed to sell the property against which they are issued, or so much thereof as may be necessary to pay the amount duc, such sale to be first duly advertised daily for one week in some newspaper published in the city of Washington, and

to be at public auction to the highest bidder. Railways cross- When street railways cross any street or avenue, the pavement being streets. tween the tracks of such railway shall conform to the pavement used

upon such street or avenue, and the companies owning these intersecting railroads shall pay for such pavements in the same manner and proportion as required of other railway companies under the provisions of

this section. Water and gas It shall be the duty of the Commissioners of the District of Colummains.

bia to see that all water and gas mains, service pipes, and sewer connections are laid upon any street or avenue proposed to be paved or otherwise improved before any such pavement or other permanent works are put down;

And the Washington Gas Light Company, under the direction of said Commissioners, shall at its own expense take up, lay, and replace all gas-mains on any street or avenue to be paved, at such time and place

as said Commissioners shall direct. Assistants to En- The President of the United States may detail from the Engineer Corps gineer Commis- of the Army not more than two officers, of rank subordinate to that of sioner to be de- the engineer officer belonging to the Board of Commissioners of said tailed.

District to act as assistants to said Engineer Commissioner, in the discharge of the special duties imposed upon him by the provisions of

this act. Police and school SEC. 6. That from and after the first day of July, eighteen hundred and boards, abolished seventy-eight, the board of metropolitan police and the board of school and duties trans- trustees shall be abolished; and all the powers and duties now exercised ferred to Commis, sioners.

by them shall be transferred to the said Commissioners of the District of Columbia, who shall have authority to employ such officers and agents and to adopt such provisions as may be necessary to carry into execu

tion the powers and duties devolved upon them by this act. School trustees; And the Commissioners of the District of Columbia shall from time how appointed, to time appoint nineteen persons, actual residents of said District of

Columbia, to constitute the trustees of public schools of said District, who shall serve without compensation and for such terms as said Com

missioners shall fix. – their powers.

Said trustees shall have the powers and perform the duties in relation to the care and management of the public schools which are now author. ized by law.

.

SEC. 7. That the offices of sinking-fund commissioners are hereby United States abolished ; and all duties and powers possessed by said commissioners Treasurer to be ;

sinking-fund comare transferred to, and shall be exercised by, the Treasurer of the

missioner. United States, who shall perform the same in accordance with the pro- 16 Opin. Att'yvisions of existing laws.

Gen., 632. SEC. 8. That in lieu of the board of health now authorized by law, Health officer. the Commissioners of the District of Columbia shall appoint a physician .1874, June 23, ch.

490. as health-officer, whose duty it shall be, under the direction of the said

1880, April 24, Commissioners, to execute and enforce all laws and regulations relating Res. No. 25, p.574. to the public health and vital statistics, and to perform all such duties 1881, Jan. 25, ch. as may be assigned to him by said Commissioners;

27. And the board of health now existing shall, from the date of the appointment of said health-officer, be abolished.

SEC. 9. That there may be appointed by the Commissioners of the Sanitary inspectDistrict of Columbia, on the recommendation of the health-officer, a ors. reasonable number of sanitary inspectors for said District, not exceeding six, to hold such appointment at any one time, of whom two may be physicians, and one shall be a person skilled in the matters of drainage and ventilation;

And said Commissioners may remove any of the subordinates, and from time to time may prescribe the duties of each;

And said inspectors shall be respectively required to make, at least once in two weeks, a report to said health-officer, in writing, of their inspections, which shall be preserved on file;

And said health-officer shall report in writing annually to said Com- Jealth officer to missioners of the District of Columbia, and so much oftener as they report annually. shall require.

SEC. 10. That the Commissioners may appoint, on the like recommen- Clerks for health dation of the health-officer, a reasonable number of clerks, but no officer, &c. greater number shall lie appointed, and no more persons shall be em. ployed under said health-officer, than the public interests demand and the appropriation shall justify.

SEC. 11. That the salary of the health-officer shall be three thousand Salaries of health dollars per annum; and the salary of the sanitary inspectors shall not officer, &c. exceed the sum of one thousand two hundred dollars per annum each ; 359, 61, par. 2.

1878, June 20, ch. And the salary of the clerk and other assistants of the health-officer - of clerks and asshall not exceed in the aggregate the amount of seven thousand dollars, sistants. to be apportioned as the Commissioners of the District of Columbia may deem best.

SEC. 12. That it shall be the duty of the said Commissioners to report Commissioners to Congress at the next session succeeding their appointment a draft of to report to Consuch additional laws or amendments to existing laws as in their opinion gress. are necessary for the harmonious working of the system hereby adopted, and for the effectual and proper government of the District of Columbia;

And said Commissioners shall annually report their official doings in detail to Congress on or before the first Monday of December.

Sec. 13. That there shall be no increase of the present amount of the District debt not total indebtedness of the District of Columbia ; and

or per

to be increasod. son who shall knowingly increase, or aid or abet in increasing, such total

1876, March 14,

Res. No. 4, N 2, p. indebtedness, except to the amount of the two hundred thousand dollars, 253. as authorized by this act, shall be deemed guilty of a high misdemeanor, 1880, June 16, ch. and, on conviction thereof, shall be punished by imprisonment not ex: 243. ceeding ten years, and by fine not exceeding ten thousand dollars. 1881, March 3,

ch. 134, ở 4. SEC. 14. That the term 66 school houses” in the act of June seven

Certain taxes on teenth, eighteen hundred and seventy, chapter thirty,(1) was intended to collegiate ostab. embrace all collegiate establishments actually used for educational pur. lishments, &c., to poses, and not for private gain; and that all taxes heretofore imposed be refunded.

1870, June 17, ch. upon such establishments, in the District of Columbia, since the date

131, (16 Stat. L., of said act are hereby remitted, and where the same or any part thereof 15:3). has been paid, the sum so paid shall be refunded. NOTE.—(1) The chapter intended to be referred to here appears to be ch. 131 instead of ch. 30.

any officer

Repeal.

But if any portion of any said building, house, or grounds in terms excepted is used to secure a rent or income, or for any business purpose, such portion of the same, or a sum equal in value to such portion, shall be taxed.

SEC. 15. That all laws inconsistent with the provisions of this act be, and the same are hereby, repealed. [June 11, 1878.]

CHAPTER 181

June 11, 1878. 20 Stat. L., 108.

AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE MILITARY ACADEMY
FOR THE FISCAL YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED AND SEV-
ENTY-NINE, AND FOR OTHER PURPOSES.

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Board of visitors

to Military Acad-
emy; how paid.
R. S., § 1329.
1877, March 3,
ch. 109, § 1.

ants restricted.

That hereafter the expenses allowed by section thirteen hundred and twenty-nine of the Revised Statutes shall be paid as follows: each member of the Board of Visitors shall receive not exceeding eight cents per mile for each mile traveled by the most direct route from his residence to West Point and return, and shall in addition receive five dollars per day for expenses during each day of his service at West Point.

Appointment of SEC. 2. That appointments of civilians, except such as are regular civilians in Army graduates of the United States Military Academy who have been honas second lieuten- orably discharged from the service, to be second lieutenants in any of 1878, June 18, the regiments of the Army, shall be made in time of peace only when ch. 263, § 2. more vacancies exist in the Army than will be required in the assignment of the next graduating class of cadets at the United States Military Academy:

Graduates of

Provided, Nothing herein shall prevent the appointment for a commission in the Army of meritorious non-commissioned officers or private soldiers.

SEC. 3. That from and after July first, eighteen hundred and eightyAcademy after two, only such number of the graduates of the United States Military July 1, 1882, to be Academy in any one year shall be entitled to appointment as second appointed second lieutenants to fill lieutenants in the Army as are required to fill vacancies of that grade vacancies only, or existing on the first day of July in each year; those entitled to appointdischarged. ment to said vacancies to be determined by the academic board on the basis of their standing in the graduating class.

R. S., § 1213. 16 Opin. Att'yGen., 49.

Cadets appoint

And hereafter (1) no supernumerary officers shall be attached to any company or corps of the Army, and all graduates of the Military Academy who are not appointed to the Army under the provisions of this act shall be discharged upon the graduation of their class.

SEC. 4. That the cadets at large at the Military Academy shall not ed at large not to hereafter exceed ten in all, and no new appointments at large shall be made until the number of such cadets heretofore appointed falls below ten.

exceed ten.

R. S., § 1315.

But this provision shall not be held to require the discharge of any cadet heretofore appointed [June 11, 1878.]

NOTE.-(1) The Attorney-General has advised that "hereafter" in this connection means thereafter, 16 Opin., 49.

CHAPTER 182.

THE TIME FOR HOLDING TERMS OF THE DISTRICT COURT FOR
THE WESTERN DISTRICT OF VIRGINIA AT DANVILLE.

AN ACT TO CHANGE

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Be it enacted, &c.

District court in

[SECTION 1], (Sup.) [That the regular terms of the district court in the western district of Virginia, at Danville, shall be held on the Tues- western district of day after the fourth Monday in February, and on the fifteenth day of be held at DanVirginia; when to November;

But if said last-mentioned day shall fall on Sunday, the term shall commence on the following day.]

SEC. 2. So much of section five hundred and seventy-two of the Revised Statutes as cónflicts with this act is hereby repealed. [June 11, 1878.]

ville.

R. S., § 572. Superseded by 1881, Feb. 14, ch.

45.

Repeal.

CHAPTER 184.

AN ACT DESIGNATING THE TIMES FOR THE ELECTION OF REPRESENTATIVES TO THE
FORTY-SIXTH AND SUCCEEDING CONGRESSES FROM THE STATE OF COLORADO.
Congressional elections in Colorado to be on Tuesday next after the first Monday in November.

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Be it enacted, &c., That the election of a Representative to the Forty- Congressional sixth Congress from the State of Colorado shall be held upon the day elections in Colofixed by the constitution of said state for the election of its governor rado to be on Tuesand other State officers in the year eighteen hundred and seventy-eight; Monday in Novemday next after first And Representatives from said State to all succeeding Congresses ber. shall be elected upon the Tuesday next after the first Monday in November as now provided in section twenty-five of the Revised Statutes of the United States;

And all laws in conflict with this law are hereby repealed. [June 11, 1878.]

R. S., § 25. 1875, March 3, ch. 130, § 6.

CHAPTER 188.

AN ACT MAKING APPROPRIATIONS FOR THE PAYMENT OF INVALID AND OTHER PEN-
SIONS OF THE UNITED STATES FOR THE YEAR ENDING JUNE THIRTIETH, EIGHT-
EEN HUNDRED AND SEVENTY-NINE.

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June 14, 1878.

20 Stat. L., 112.

Fees of examin

[Par. 1.] That a fee of one dollar and no more shall be paid to examining surgeon for each examination of pensioner, as provided by law, ing surgeons of except when the examination is made by a board of surgeons, in which pensioners. case the fees now allowed by law shall be paid.

R. S., § 47744777.

26.

1879, Jan. 27, ch.

Compensation of

[Par. 2.] That from and after July first, eighteen hundred and seventy-eight, agents for the payment of pensions shall, in lieu of the per- pension agents escentage, fees, pay, and allowances now provided by law, be allowed tablished. R. S., §§ 4781, and paid the following compensation for their services, postage upon 4782. vouchers and checks sent to pensioners, and all the expenses of their 1874, June 20, ch. offices:

335.

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