Imagini ale paginilor
PDF
ePub

At Charleston, on the first day of May and the first day of November.

And all pending process, rules, and proceedings shall be conducted in the same manner and with the same effect as to time as if this act had not passed. [March 9, 1878.]

March 9, 1878. 20 Stat. L., 27. War of 1812; soldiers and sail ors of, to be placed R. S., SS 4736

on pension-rolls.

4740.

16 Opins., 134.

Persons

cluded.

ex

Rate and term

of pension.

1886, March 19, ch. 22, post, p. 487.

Widows.

Proof, and penalty for false oath.

Rolls may be corrected, &c.

Certificate of dis

essary.

CHAP. 28.—An act amending the laws granting pensions to the soldiers and sailors of the war of eighteen hundred and twelve, and their widows, and for other purposes.

Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension-rolls the names of the surviving officers and enlisted and drafted men, without regard to color, including militia and volunteers, of the military and naval service of the United States, who served for fourteen days in the war with Great Britain of eighteen hundred and twelve, or who were in any engagement, and were honorably discharged, and the surviving widows of such officers and enlisted and drafted men.

SEC. 2. That this act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pension of less than eight dollars per month except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month.

Pensions under this act shall be at the rate of eight dollars per month, except as herein provided, and shall be paid to the persons entitled thereto, from and after the passage of this act, for and during their natural lives:

Provided, That the pensions to widows provided for in this act shall cease when they shall marry again.

SEC. 3. That before the name of any person shall be placed upon the pension-rolls under this act, proof shall be made, under such rules and regulations as the Commissioner of Pensions, with the approval of the Secretary of the Interior, shall prescribe, that the applicant is entitled to a pension under this act;

And any person who shall falsely take any oath required to be taken under the provisions of this act shall be guilty of perjury;

And the Secretary of the Interior shall cause to be stricken from the rolls the name of any person, when it shall appear, by proof satisfactory to him, that such name was put on said rolls by or through false or fraudulent representations, or by mistake as to the right of such person to a pension under this act.

The loss or lack of a certificate of discharge shall not deprive the charge and record applicant of the benefit of this act, but other proof of the service perevidence not nec- formed and of an honorable discharge, if satisfactory, shall be deemed sufficient; and when there is no record evidence of such service and such discharge, the applicant may establish the same by other satisfactory testimony:

Grant of land- Provided, That when any person has been granted a land-warrant warrant prima under any act of Congress for and on account of service in the said facie evidence. war of eighteen hundred and twelve, such grant shall be prima-facie evidence of his service and honorable discharge, so as to entitle him, if living, or his widow, if he be dead, to a pension under this act; but such evidence shall not be conclusive, and may be rebutted by evidence that such land-warrant was improperly granted.

What applications to be considered under thisact. R. S., §§ 4736.

Restoration of

SEC. 4. That all applications for pensions of the classes provided for in this act heretofore or which may hereafter be made shall be considered and decided as though made under this act;

And all laws now in force in regard to the manner of paying pensions, and in reference to the punishment of frauds, shall be applicable to all claims under the provisions of this act.

SEC. 5. That the Secretary of the Interior be, and he is hereby,

from rolls on ac

authorized and directed to restore to the pension-rolls the names of certain pensioners all persons now surviving heretofore pensioned on account of service who were stricken in the war of eighteen hundred and twelve against Great Britain, count of the reor for service in any of the Indian wars, and whose names were bellion. stricken from the rolls in pursuance of the act (1) entitled "An act 1862, ch. 18 (13 authorizing the Secretary of the Interior to strike from the pension- Stat. L., 337). rolls the names of such persons as have taken up arms against the R. S., §§ 3480, government, or who have in any manner encouraged the rebels," approved February fourth, eighteen hundred and sixty-two;

And that the joint resolution (2) entitled "Joint resolution prohibiting payment by any officer of the government to any person not known to have been opposed to the rebellion and in favor of its suppression," approved March second, eighteen hundred and sixtyseven, and section four thousand seven hundred and sixteen of the Revised Statutes of the United States, shall not apply to the persons provided for by this act:

4716.

Provided, That no money shall be paid to any one on account of — without pay pensions for the time during which his name remained stricken from during suspenthe rolls.

sion.

SEC. 6. That the surviving widow of any pensioner of the war of Pension given eighteen hundred and twelve where the name of said pensioner was to widows and stricken from the pension-rolls in pursuance of the act (1) entitled orphans of those "An act authorizing the Secretary of the Interior to strike from the stricken off and who were SO pension-rolls the names of such persons as have taken up arms died before resagainst the government, or who have in any manner encouraged toration. the rebels," approved February fourth, eighteen hundred and sixty- 1862, ch. 18 (12 two, and where, under the existing provisions of law, said pensioner. S., SS 3480, Stat. L., 337). died without his name being restored to the rolls, shall be entitled 4716. to make claim for a pension as such widow after the passage of this

act:

Provided, That no such arrearages shall be paid for any period prior to the time of the removal of the disability of the pensioner, as provided in section five:

And provided further, That under this act any widow of a Revolutionary soldier who served fourteen days or was in any engagement shall be placed upon the pension-rolls of the United States, and receive a pension at the rate of eight dollars per month.

SEC. 7. That all laws and clauses of laws in conflict with this act

be, and they are hereby, repealed. [March 9, 1878.]

NOTE. 1 This act of 1862, Feb. 4, ch. 18 (12 Stat. L. 337), is not included in the Revised Statues. (2) The joint resolution here referred to of 1867, March 2, No. 46 (14 Stat. L., 571), is incorporated into Revised Statutes in § 3480.

Repeal.

CHAP. 37.—An act to make persons charged with crimes and offenses competent witnesses in March 16, 1878.

the United States and Territorial courts.

20 Stat. L., 30. Defendants in

Be it enacted, &c., That in the trial of all indictments, informations, complaints, and other proceedings against persons charged criminal cases may with the commission of crimes, offences, and misdemeanors, in the be witnesses, &c. United States courts, Territorial courts, and courts-martial, and R. S., SS 858, courts of inquiry, in any State or Territory, including the District R. S. of D.C., § of Columbia, the person so charged shall, at his own request but not otherwise, be a competent witness.

And his failure to make such request shall not create any presumption against him. [March 16, 1878.]

1342, 1624.

876.

43 Fed. Rep., 248.

April 3, 1878. 20 Stat. L., 34.

in.

District of Co

p. 146.

CHAP. 48.-An act to amend an act entitled "An act for the support of the government for the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and seventy-eight, and for other purposes." (1)

Be it enacted, &c., That the twelfth section of the act of Congress lumbia; assess- entitled "An act for the support of the government for the District ment of property of Columbia for the fiscal year ending June thirtieth, eighteen hun1877, March 3, dred and seventy-eight, and for other purposes," approved March ch. 117, § 12, ante, third, eighteen hundred and seventy-seven, shall be, and is hereby, so amended that the assessors appointed under said act, or their sucessors in office, shall, before the first day of August, eighteen hundred and seventy-eight, under the direction of the superintendent of assessments and taxes of said district, assess the value of all the real and personal property in said District liable to taxation thereunder, and shall state the same in separate books, to be kept in a systematic manner, and such value for taxation shall be the true value in the lawful money of the United States of the property so assessed.

1883, March 3, ch.137, post, p.413. 1891, March 3, ch.546,par. 2, post, p. 931.

Values to be as

sessed as of June 1, except, &c.

Equalizations.

The assessed value shall have reference to the date of the first day of June, eighteen hundred and seventy-eight, except as to stock in trade, which shall be the average value of the stock of merchandise or other articles kept on hand during the year ending June thirtieth, eighteen hundred and seventy-eight.

Said assessors shall, between the first day of August, eighteen hundred and seventy-eight, and the twentieth day of August, eighteen hundred and seventy-eight, hold daily sessions for the purpose of equalizing the assessments theretofore made by them, and for the purpose of hearing and determining any and all appeals from the valuations theretofore made by them.

Each assessor shall, at the meetings of the assessors as aforesaid, make full and detailed reports of his act as such assessor. And dur

ing said period they shall have power to revise assessments theretofore made by them, or any of them, by either justly increasing or justly diminishing any particular assessment.

Personal propIn section eight strike out the word "domiciled", and insert in lieu erty of temporary residents exempt. thereof the words "temporarily residing". 1877, March 3, ch. 117, § 8, par. 4, ante, p. 145.

Census of Dis- SEC. 2. The said assessors, while engaged in making the assesstrict to be taken ment as required in the first section of this act, shall also take an by assessors.

Tax, when payable.

1878, June 11, ch. 180, § 4, post,

p. 176.

396.

accurate census of the inhabitants of said District of Columbia, and return the same to the Commissioners of said District. For this purpose, the Commissioners of said District shall prepare the proper books, so arranged as to show, under proper heads, the name, sex, birth-place, race, age, and occupation of such inhabitants, and such other information as they shall prescribe.

SEC. 3. That section third of the act aforesaid be, and the same is hereby, amended by striking out in the first line of said section the Words "by this act", and in line third of same section striking out the words "eighteen hundred and seventy-seven ", and inserting in lieu thereof the words "next succeeding the completion of the assessment"; and by striking out in lines fourth and fifth of said section the words "eighteen hundred and seventy-eight", and inserting in lieu thereof the words "next following"; so that the said section shall read as follows:

Substitute for "SEC. 3. That one-half the tax levied upon real and personal prop1877, March 3, ch. erty shall become due and payable on the first day of November next 117,3,ante,p.142, succeeding the completion of the assessment, and the other half of and 19 Stat. L., such tax shall become due and payable on the first day of May next following; and in every case where the tax levied shall be paid by installments, as herein authorized, each of said payments shall be deemed to have been made on the several funds and for the different purposes indicated in the second section of this act; and an equal pro rata porportion of the payments so made shall be carried to the credit of the respective funds. [April 3, 1878.]

NOTE.-(1) See note (1) to 1877, March 3, ch. 117, ante, p. 142.

CHAP. 58.—An act to authorize the Secretary of War to prescribe rules and regulations to be observed in the preparation, submission, and opening of bids for contracts under the War Department.

Be it enacted, &c., That the Secretary of War is hereby authorized to prescribe rules and regulations to be observed in the preparation and submission and opening of bids for contracts under the War Department. [Remainder of act superseded, 1883, March 3, ch. 120, post, p. 404.] [April 10, 1878.]

April 10, 1878.

20 Stat. L., 36.

Secretary of War bids for contracts,

to make rules as to

require bonds, &c. R. S., SS 3709,

3714-3717.

April 17, 1878.

CHAP. 60.—An act to prevent depredations upon property in the District of Columbia. 20 Stat. L., 36. Be it enacted, &c., That every person who, in the District of Co- Depredation on lumbia, shall willfully and without color of right, enter into any fixtures in houses occupied or unoccupied dwelling-house or other building, the prop- in District of Coerty of another, and shall cut, break, or tear from its place any gaslumbia, how punpipe, water-pipe, door-bell, or other fixture therein;

ished.

R. S. of D. C., S

Or who shall, in such dwelling-house or other building, willfully 1154. and without color of right cut, break, or tear down any wall, or part 1882, July 12, ch. of a wall, or door, with intent to cut, break, or tear from its place 289, post, p. 353. any pipe or fixture therein,

Shall, for the first offense, be fined not more than two hundred dollars, and be imprisoned in the District jail not less than two months or more than one year, and for any subsequent offense shall be imprisoned in the penitentiary for not less than one year or more than three years. [April 17, 1878.]

Punishment.

CHAP. 66.-An act to prevent the introduction of contagious or infectious diseases into the
United States (1).

April 29, 1878. 20 Stat. L., 37.

Vessels from in

ing United States

Be it enacted, &c., That no vessel or vehicle coming from any foreign port or country where any contagious or infectious disease fected ports entermay exist, and no vessel or vehicle conveying any person or persons, subject to State merchandise or animals, affected with any infectious or contagious quarantine laws disease, shall enter any port of the United States or pass the bound- and regulations. ary line between the United States and any foreign country, contrary R. S., §§ 4792to the quarantine laws of any one of said United States, into or through the jurisdiction of which said vessel or vehicle may pass, or 727, post, p. 600. to which it is destined, or except in the manner and subject to the regulations to be prescribed as hereinafter provided.

4796.
1888, Aug. 1, ch.

Officers of State

SECS. 2, 3, 4. [Repealed, (2) 1879, June 2, ch. 11, § 9, 21 Stat. L., 7.] SEC. 5. That wherever, at any port of the United States, any State or municipal quarantine system may now, or may hereafter exist, quarantinesystem the officers or agents of such system shall, upon the application of may act as officers of national systhe respective State or municipal authorities, be authorized and tem, when, &c. empowered to act as officers or agents of the national quarantine system, and shall be clothed with all the powers of United States officers for quarantine purposes, but shall receive no pay or emoluments from the United States.

At all other ports where, in the opinion of the Secretary of the Duties of officers Treasury, it shall be deemed necessary to establish quarantine, the of marine-hospital musical officers or other agents of the Marine-Hospital Service shall service. R. S., SS 4801perform such duties in the enforcement of the quarantine rules and 4806. regulations as may be assigned them by the Surgeon-General of that 1890, March 27, service under this act: ch. 51, § 2, post, p. 710.

NOTES. (1) For prevention of introduction of such diseases from one State to another, see 1890,
March 27, ch. 51, § 1, post, p. 709.

"Persons suffering from a loathsome or a dangerous contagious disease" are excluded from enter-
ing the U. S. by 1891, March 3, ch. 551, § 1, post, p. 934.

(2) The above-cited act of 1879, ch. 11, which repeals this act, has expired by the limitation of its own § 10. See R. S., § 12.

State laws not to be interfered with. R. S., § 4792. 118 U.S., 464. Repeal.

Provided, That there shall be no interference in any manner with any quarantine laws or regulations as they now exist or may hereafter be adopted under State laws.

SEC. 6. That all acts or parts of acts inconsistent with this act be, and the same are hereby, repealed. [April 29, 1878.]

April 29, 1878.

20 Stat. L., 39.

bia, and sale of

tickets, &c., prohibited.

R. S. of D. C., §§ 1174, 1175. 1883, Jan. 31, ch. 40, post, p. 396.

CHAP. 68.—An act to prevent the sale of policy or lottery tickets in the District of Columbia.

Policy-lottery Be it enacted, &c., That if any person shall, within the District of or policy-shop in Columbia, keep, set up, or promote, or be concerned as owner, agent, District of Colum- clerk, or in any other manner, in managing any policy-lottery or policy-shop, or shall sell or transfer any ticket, certificate, bill, token, or other device purporting or intended to guarantee or assure to any person, or entitle him to a chance of drawing or obtaining a prize, or share of or interest in, any prize to be drawn in any lottery, or in the game or device commonly known as policy-lottery or policy; or shall, for himself or another person, sell or transfer, or have in his possession, for the purpose of sale or transfer, or shall aid in selling, exchanging, negotiating, or transferring a chance or ticket in, or share of a ticket in, any policy-lottery, or any such bill, certificate, token, or other device, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall forfeit and pay a fine of not more than five hundred dollars, or be imprisoned in the District jail not less than two months or more than one year or both in the discretion of the court.

Punishment.

Permitting SEC. 2. That if any person shall knowingly permit in any house house to be used under his control, in the District of Columbia, the sale of any chance for policy-lottery or ticket in, or share of a ticket in, any lottery or policy-lottery, or prohibited. shall knowingly permit any lottery or policy-lottery or policy-shop in such house, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars or more than five hundred dollars, or be imprisoned in the District jail not less than two months or more than one year, or both, in the discretion of the court. [April 29, 1878.]

Punishment.

April 29, 1878. 20 Stat. L., 39.

CHAP. 69.—An act providing for the recording of deeds, mortgages, and other conveyances affecting real estate in the District of Columbia.

Deeds, &c., in Be it enacted, &c., That sections four hundred and forty-six and District Columbia four hundred and forty-seven of the Revised Statutes relating to the to take effect on District of Columbia, passed at the first session of the Forty-third delivery to recorder, as against pur- Congress, eighteen hundred and seventy-three and eighteen hundred chasers, &c., with- and seventy-four, be, and the same hereby are, repealed, and there is enacted in lieu thereof the following:

out notice.

Substitute for. R. S. of D. C., SS 446, 447.

111 U. S., 728.
6 Mackey (D.C.),

225.

Recorder to note

All deeds, deeds of trust, mortgages, conveyances, covenants, agreements, or any instrument of writing which by law is entitled to be recorded in the office of the recorder of deeds, shall take effect and be valid, as to creditors and as to subsequent purchasers for valuable consideration without notice, from the time when such deed, deed of trust, mortgage, conveyance, covenant, agreement, or instrument in writing shall, after having been acknowledged, proved, or certified, as the case may be, be delivered to the recorder of deeds for record, and from that time only;

And the recorder of deeds shall note on each deed or other instruon deeds, &c., day ment of writing required by law to be recorded, the day and hour of and hour of deliv- delivery of the same to him to be recorded.

ery.

Deeds already

SEC. 2. That this act shall not be so construed as to affect any deed recorded not af- or other instrument of writing heretofore recorded. [April 29, 1878.]

fected.

« ÎnapoiContinuă »