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ment of six per centum shall be allowed on the entire amount of said -cost of publi- assessment. The cost of publication of the notice herein provided for shall be added to the amount of said assessment and collected in the same manner that said assessment is collected."

cation.

Reimbursement

SEC. 2. That in all cases where a water main has heretofore been or of cost for laying may hereafter be laid in a public street or way, and in order to secure water mains, etc. the laying of such main the cost or a part thereof has been paid to the District of Columbia prior to the laying of said main by any person or corporation, there shall be repaid from time to time to such person or corporation, out of the collections from the assessment for such main, all of the amounts so paid over and above the assessment chargeable against the land owned or controlled by said person or corporation.

Water-main

SEC. 3. That the Commissioners of the District of Columbia be, and taxes unpaid on they are hereby, authorized and directed to cancel the assessment of Brightwood avewater-main taxes unpaid on Brightwood avenue for the laying of the nue canceled. water main about July twentieth, eighteen hundred and ninety-five, from Fort Reno reservoir to and on Brightwood avenue from the Military road to Aspen street, where the water has not been introduced from said main on adjoining property since said water main was reassessment laid; and they are authorized and directed to reassess the tax for laying said main on Brightwood avenue according to existing law.

of.

Repeal.

SEC. 4. That all laws or parts of laws inconsistent with this Act are hereby repealed. [June 2, 1900.]

June 2, 1900.

31 Stat. L., 252. Letter carriers.

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CHAP. 613.—An Act Making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred and one. Be it enacted, &c., [Par. 1.] (1) That letter carriers may be Hours of work. required to work as nearly as practicable only eight hours on each working day, but not in any event exceeding forty-eight hours during the six working days of each week;

-Sundays. -holidays.

Special-delivery revenues available

for car fare.

-special delivery by any employee.

and such number of hours on Sunday, not exceeding eight, as may be required by the needs of the service;

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and if a legal holiday shall occur on any working day, the service performed on said day, if less than eight hours, shall be counted as eight hours without regard to the time actually employed. [Par. 2.] (2) That out of the revenue arising from special-delivery business the Postmaster-General may allow expenditures by postmasters at first-class post-offices, under regulations to be established by him, for car fare for special-delivery messengers in emergent cases where immediate delivery in the usual way is impracticable, not to exceed in the aggregate, for all offices, ten thousand dollars a year:

And provided further, That at first and second class post-offices the Postmaster-General may establish rules under which special delivery may be effected by any salaried clerk or employee thereof, and the NOTES. (1) This paragraph is construed by the Post-Office Department as limited to the fiscal year for which the appropriations are made.

See 1888, May 24, ch. 308 (1 Supp. R. S., 587), making eight hours a day's work for letter carriers. For decisions thereunder, see 148 U. S., 124, 134; 27 C. Cls., 244; 32 C. Cls., 234, 259; 33 C. Cls., 495; 34 C. Cls., 526, 531; 35 C. Cís., 223, 85 Fed. Rep., 615; 91 Fed. Rep., 295.

(2) This paragraph is a repetition of 1899, March 1, ch. 327, par. 5 (2 Supp. R. S., 958), see note (5) thereto. The appropriation act for the succeeding year, 1901, March 3, ch. 851 (31 Stat. L., 1106), in appropriating "for fees to special-delivery messengers (who may be postmasters, salaried employees of post-offices, or other suitable persons)," refers to this act as an extension and amendment of that of 1885, March 3, ch. 342, §§ 3-6 (1 Supp. R. S., 484), establishing the free-delivery service; and also refers to 1886, August 4, ch. 901 (1 Supp. R. S., 511), and 1889, Jan. 16, ch. 50 (1 Supp. R. S., 638), as being prior amendments thereto.

lawful special-delivery fees allowed therefor, the same as is now done
at third-class offices, in cases where such delivery can not be made by
regular messengers.
[June 2, 1900.]

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CHAP. 614.-An Act To amend section forty-four hundred and fourteen, title fifty-two,
Revised Statutes of the United States.

Be it enacted, &c., That section forty-four hundred and fourteen, title fifty-two, of the Revised Statutes of the United States, as amended by the Acts of Congress approved March first and second, eighteen hundred and ninety-five, be amended by inserting therein the words "Toledo, Ohio," after the words "Mobile, Alabama." [June 2, 1900.] 398). 1895, Mar. 2, ch. 186, par. 5 (2

June 2, 1900.

31 Stat. L., 262

Toledo, Ohio. Board of local inspectors of steam vessels.

R. S., § 4414. 1895, Mar. 1, ch. 146 (2 Supp. R. S. Supp. R. S., 426).

CHAP. 615.-An Act Requiring the disbursing clerk of the Census Office to file an additional bond, and for other purposes. (1)

June 2, 1900.

31 Stat. L., 262. Census Office." Disbursing clerk

bond.

Be it enacted, &c., That the Director of the Census be, and he hereby is, authorized and directed to require the disbursing clerk of the Census Office to give bond to the Secretary of the Treasury, in addition to give additional to that now required by law, in the penal sum of two hundred and 1899, Mar. 3, ch. fifty thousand dollars, which bond shall conform to the requirements 419, §4 (2 Supp. of an Act entitled "An act to provide for taking the Twelfth and sub- R. S., 979). sequent censuses," approved March third, eighteen hundred and ninety-1895, Mar. 2, ch. nine, in relation to the bond to be filed by the disbursing clerk of the 175 (2 Supp. Census Office:

Provided, That the Director of the Census may dispense with such additional bond after June thirtieth, nineteen hundred and one.

SEC. 2. That the salary of the disbursing clerk of the Census Office is hereby increased for the year ending June thirtieth, nineteen hundred and one, in the sum of five hundred dollars, so that for the year commencing July first, nineteen hundred, and ending June thirtieth, nineteen hundred and one, the salary of said officer shall be three thousand dollars.

SEC. 3. That, in the absence of the Director and Assistant Director, the chief clerk shall serve as Acting Director. [June 2, 1900.]

NOTE.-(1) For a review of laws relating to the Census, see note to 1899, March 3. ch. 419 (2 Supp. R. S., 978).

177,

bond may be dispensed with.

salary in

creased.

Chief clerk may serve as Acting Director.

CHAP. 623.—An Act To establish Calais, in the State of Maine, as a subport of entry, and to extend the privileges of the act approved June tenth, eighteen hundred and eighty, to the ports of Eastport and Calais, in the State of Maine. (1)

June 4, 1900. 31 Stat. L., 266.

Calais, Me. -made a sub

R. S., § 2517. -granted imme

Be it enacted, &c., That Calais, Maine, be, and is hereby, established as a subport of entry in the customs collection district of Passamaquoddy, Maine, and that the privileges of the Act approved June tenth, port of entry. eighteen hundred and eighty, governing the immediate transportation of dutiable merchandise without appraisement, be, and are hereby, diate transporta extended to said port and to the port of Eastport, in said district. [June 4, 1900.]

NOTE. (1) By 1901, March 3, ch. 861, post, p. 1807, Lowelltown is made a subport of entry.

See 1898, February 17, ch. 28 (2 Supp. R. S., 730), making Rockport, Me., a subport of entry; also note thereto for a review of the laws affecting the customs districts and ports of Maine.

tion privileges.

1880, June 10, ch. 190 (1 Supp. R. S., 293).

June 5, 1900.

31 Stat. L., 266. Astoria, Oreg.

CHAP. 714.—An Act To extend the privilege of immediate transportation of dutiable goods to the port of Astoria, Oregon. (1)

Be it enacted, &c., That the privilege of immediate transportation granted im- of dutiable goods, in accordance with the provisions of an Act entitled mediate transpor- "An Act to amend the statutes in relation to the immediate transportation privileges. 1880, June 10, tation of dutiable goods, and for other purposes," approved June tenth, ch. 190 (1 Supp. R. eighteen hundred and eighty, and the amendments thereto, be, and the S., 293). same is hereby, extended to the port of Astoria, Oregon. [June 5, 1900.]

NOTE. (1) By R. S., § 2586, the collection districts in Oregon are established. By 1880, June 10, ch. 190, § 7 (1 Supp. R. S., 294), immediate transportation privileges are extended to Portland, Oreg.

By 1886, May 1, ch. 69 (1 Supp. R. S., 489), the act of 1880, June 10, ch. 190, § 1, providing for the entry of goods for transportation in bond to inland ports, is extended to Portland, Oreg.

By 1889, March 1, ch. 309 (1 Supp. R. S., 652), the limits of the port of Portland as a port of entry are extended.

June 5, 1900. 31 Stat. L., 266.

Dist. Columbia.

Reform School. Substitute for 1876, May 3, ch. 90, §§ 8, 9, 15. (1 Supp. R.S.,101.)

Commitment of

years.

CHAP. 715.-An Act To amend sections eight, nine, and fifteen of the Act entitled "An Act revising and amending the various Acts establishing and relating to the Reform School in the District of Columbia,” approved May third, eighteen hundred and seventy-six. (1)

Be it enacted, &c., That sections eight, nine, and fifteen of the Act entitled "An Act revising and amending the various Acts establishing and relating to the Reform School of the District of Columbia," approved May third, eighteen hundred and seventy-six, be, and they are hereby, amended as follows:

Amend section eight so that it shall read as follows: (2)

"SEC. 8. That whenever any boy under the age of seventeen years boys under 17 shall be brought before any court of the District of Columbia, or any judge of such court, and shall be convicted of any crime or misdemeanor punishable by fine or imprisonment, other than imprisonment for life, such court or judge, in lieu of sentencing him to imprisonment in the county jail or fining him, may commit him to the Reform School, to remain until he shall arrive at the age of twenty-one years, unless sooner discharged by the board of trustees.

-by whom.

consent.

tute, etc.

And the judges of the criminal and police courts of the District of -when liable to Columbia shall have power to commit to the Reform School, first, any imprisonment. boy under seventeen years of age who may be liable to punishment by imprisonment under any existing law of the District of Columbia, or -with parent's any law that may be enacted and in force in said District; second, any boy under seventeen years of age, with the consent of his parent or guardian, against whom any charge of committing any crime or misde—when desti- meanor shall have been made, the punishment of which, on conviction, would be confinement in jail or prison; third, any boy under seventeen years of age who is destitute of a suitable home and adequate means of obtaining an honest living, or who is in danger of being brought up, or is brought up, to lead an idle or vicious life; fourth, any boy under seventeen years of age who is incorrigible, or habitually disregards the commands of his father or mother, or guardian, who leads a vagrant life, or resorts to immoral places or practices, or negNOTES. (1) By 1892, July 26, ch. 250, § 4 (2 Supp. R. S., 49), the Board of Children's Guardians is authorized to care for such boys as might be committed to their care by the board of trustees of the Reform School.

-when incorrigible, etc.

By 1890, August 6, ch. 724, par. 5, (1 Supp. R. S. 777) the proceeds of the farm and shops of the Reform School are to be covered into the Treasury, to be equally divided between the District and the United States.

For further references see acts, cited in margin, of 1876, May 3, ch. 90 (1 Supp. R. S., 101), of which the act in the text is an amendment.

(2) The amendment of this section consists in raising the age of commitment from 16 to 17 years.

lects or refuses to perform labor suitable to his years and condition,

or to attend school.

And the president of the board of trustees may also commit to the -by president of Reform School such boys as are mentioned in the foregoing third and board of trustees. fourth classes upon application or complaint, in writing, of a parent, or guardian, or relative having charge of such boy, and upon such testimony in regard to the facts stated as shall be satisfactory to him; and for taking testimony in such cases, he is hereby empowered to administer oaths."

Amend section nine so that it shall read as follows: (3)

"SEC. 9. That every boy sent to the Reform School shall remain until he is twenty-one years of age, unless sooner discharged or bound as an apprentice." (3)

Amend section fifteen so that it shall read as follows: (4)

President may

administer oath.

Period of deten

tion.

etc.

Board of trus

"SEC. 15. That the board of trustees may make such by-laws, rules, and regulations for their own government and that of the institu- tees to make rules, tion, its officers, employees, and inmates, the employment, discipline, instruction, education, removal, and absolute, temporary, or condi- Conditional retional release of all boys committed to the school, as they may deem lease of boys. necessary and proper, and as are not contrary to the Constitution and to the laws of the District of Columbia." [June 5, 1900.]

NOTES.-(3) The amendment to this section consists in omitting the words "but no boy shall be retained after the superintendent shall have reported him fully reformed." (4) The amendment consists in the addition of all matter after the words "and inmates."

CHAP. 716.--An Act For the relief of the Colorado Cooperative Colony; to permit second homesteads in certain cases, and for other purposes.

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Public lands. Additional entry to homesteaders

Be it enacted, &c., (1) SEC. 2. That any person who has heretofore made entry under the homestead laws and commuted same under provisions of section twenty-three hundred and one of the Revised commuting first Statutes of the United States and the amendments thereto shall be entry, etc. entitled to the benefits of the homestead laws, as though such former entry had not been made, except that commutation under the provisions of section twenty-three hundred and one of the Revised Statutes shall not be allowed of an entry made under this section of this Act.

or

R. S., § 2301.

-in case of for

SEC. 3. That any person who prior to the passage of this Act, has made entry under the homestead laws, but from any cause has lost feiture. forfeited the same shall be entitled to the benefits of the homestead laws as though such former entry had not been made: Provided, That persons who purchased land under and in accordance-purchasers of with the terms of an Act entitled "An Act to provide for the sale of Flathead Indian lands patented to certain members of the Flathead band of Indians in

lands.

the Territory of Montana, and for other purposes," approved March 1880, Mar. 2, ch. second, eighteen hundred and eighty-nine, shall not be held to have 391 (25 Stat. L, impaired or exhausted their homestead rights by or on account of any 871).

such purchase. [June 5, 1900.]

NOTE.—(1) The first section of this act is special and is therefore omitted.

In the report by the Commissioner of the General Land Office on the bill containing the provisions embodied in the second and third sections of the above act (Senate Rep., 1155, Fifty-sixth Congress, first session) it was said:

The act is practically an extension of the privilege conferred by the second section of the act of March 2, 1889 (1 Supp. R. S., 682), except as to that provision of the bill now under consideration which makes subject to its provisions all homestead entries which have been perfected under the commutation clause of the homestead law.

Such a provision, however, was embodied in the act of March 2, 1889 (25 Stat. L., 1004), providing for the disposal of the Seminole lands in the Territory of Oklahoma; also in the act of February 13, 1891 (26 Stat. L., 759), providing for the disposal of lands in Oklahoma acquired by agreement with the Sac and Fox Indians; also in the act of March 3, 1891 (26 Stat. L., 1043), providing for the disposal of the lands in Montana ceded by the Crow Indians, and in the act of March 3, 1893 (27 Stat. L., 563), providing for the disposal of the Kickapoo lands in Oklahoma-all of which

June 5, 1900.

31 Stat. L., 270.

Bill of exceptions.

tion.

judge to sign.

provided that any person who, having attempted to, but from any cause failed to, acquire a title in fee under the homestead law, or who made entry under what is known as the commutation provision of the homestead law, shall be qualified to make homestead entry of said land.

The act of September 29, 1890 (1 Supp. R. S., 808), restoring to settlement forfeited railroad lands, also contained the provision that "any person who has not heretofore had the benefit of the homestead or preemption laws, or who has from any cause failed to perfect the title to a tract of land heretofore entered by him under either of said laws, may make a second homestead entry under the provisions of this act. The act of December 20, 1894 (2 Supp. R. S., 340), amending section 3 of the act of March 2, 1889 (1 Supp. R. S., 683), permitted any settler who had theretofore forfeited his or her entry by reason of being unable from a total or partial destruction of crops, sickness, or other unavoidable casualty to secure a support for himself, herself, or those dependent upon him or her to make entry of not to exceed a quarter section on any public lands subject to entry under the homestead law and to perfect title to the same under the same conditions in every respect as if he had not made a former entry.

CHAP. 717.—An Act Relating to the allowance of exceptions. (1)

Be it enacted, &c., That section nine hundred and fifty-three of the Revised Statutes be so amended as to read as follows:

"SEC. 953. That a bill of exceptions allowed in any cause shall be Substitute for deemed sufficiently authenticated if signed by the judge of the court R.S., § 953. in which the cause was tried, or by the presiding judge thereof if more -authentica- than one judge sat at the trial of the cause, without any seal of the ninability of court or judge annexed thereto. And in case the judge before whom the cause has heretofore been or may hereafter be tried is, by reason other judge of death, sickness, or other disability, unable to hear and pass upon may sign. the motion for a new trial and allow and sign said bill of exceptions, then the judge who succeeds such trial judge, or any other judge of the court in which the cause was tried, holding such court thereafter, if the evidence in such cause has been or is taken in stenographic notes, or if the said judge is satisfied by any other means that he can pass upon such motion and allow a true bill of exceptions, shall pass upon said motion and allow and sign such bill of exceptions; and his ruling upon such motion and allowance and signing of such bill of exceptions shall be as valid as if such ruling and allowance and signing of such bill of exceptions had been made by the judge before whom such -new trial on cause was tried; but in case said judge is satisfied that owing to the failure to sign. fact that he did not preside at the trial, or for any other cause, that he can not fairly pass upon said motion, and allow and sign said bill of exceptions, then he may in his discretion grant a new trial to the party moving therefor."

Pending cases included.

SEC. 2. That this Act shall apply to all causes now pending, and to all causes pending for hearing upon motion for new trials, and to all causes pending for the allowance of a bill of exceptions. [June 5, 1900.]

NOTE. (1) The amendment of this section consists in the addition of all matter after the words "court or judge annexed thereto" in the fifth line.

June 6, 1900. 31 Stat. L., 274. North Carolina.

CHAP. 781.-An Act Establishing terms of the United States circuit court at Newbern and
Elizabeth City, North Carolina. (1)

Be it enacted, &c., That terms of the circuit court of the United Terms of circuit States for the eastern judicial district of North Carolina shall be held court at Newbern at Newbern and Elizabeth City, in said district, at the times now fixed and Elizabeth by law for holding the terms of the district court of the United States at said places, Newbern and Elizabeth City.

City.

R. S., § 658.
Effect.

SEC. 2. That this Act shall take effect and be in force from and after its passage. [June 6, 1900.]

NOTE.-(1) See 1894, August 9, ch. 244 (2 Supp. R. S., 234), changing the judiciai districts of North Carolina, and note (1) thereto for a review of legislation affecting the courts of that State.

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