« SebelumnyaLanjutkan »
sureties in any contract before the said bond or contract is signed by the bidder or contractor and his sureties, or shall knowingly, or without the exercise of due diligence, approve any bond of a bidder with insufficient sureties, or shall knowingly make any false or fraudulent certificate, shall be forthwith dismissed from office, and be thereafter disqualified from holding the office of postmaster, and shall also be deemed guilty of a misdemeanor, and, ou conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or both."
est bidder to be
(1) SEC. 251. (Sup.) [That after any regular bidder whose bid has When bidder been accepted shall fail to enter into contract for the transportation of fails to enter into the mails according to his proposal, or having entered into contract, shall contract next lowfail to commence the perforinance of the service stipulated in his or contracted with. their contract, as therein provided, the Postmaster-General shall pro- R. S., § 3951ceed to contract with the next lowest bidder for the same service, who 3954. will enter into a contract for the performance thereof, unless the Post- 1878, May 17, ch. master-General shall consider such bid too high, in which case he shall re-advertise such service.
Substitute, see 1876, Aug. 11, ch. 260.
And if any bidder whose bid has been accepted, and who has entered -or fails to perinto a contract to perform the service according to his proposal, and in form contract pursuance of his contract has entered upon the performance of the when entered into. service, to the satisfaction of the Postmaster-General, shall subsequently fail or refuse to perform the service according to his contract, the Postmaster-General shall proceed to contract with the next lowest bidder for such service, under the advertisement thereof, (unless the PostmasterGeneral shall consider such bid too high,) who will enter into contract and give bond, with sureties, to be approved by the Postmaster-General, for the faithful performance thereof, in the same penalty and with the same terms and conditions thereto annexed as were stated and contained in the bond which accompanied his bid;
But in case each and every of the next lowest bidders for such service whose respective bids are not considered too high by the PostmasterGeneral shall refuse to enter into contract and give bond as herein required for the faithful performance of his contract, the Postmaster-General shall immediately advertise for proposals to perform the service on said route.
Whenever an accepted bidder shall fail to enter into contract, or a contractor on any mail-route shall fail or refuse to perform the service on said route according to his contract, or when a new route shall be established, or new service required, or when from any other cause there shall not be a contractor legally bound or required to perform such service, the Postmaster-General may make a temporary contract for carrying the mail on such route, without advertisement, for such period as may be necessary, not in any case exceeding six months, until the service shall have commenced under a contract made according to law:
Provided, however, That the Postmaster-General shall not employ temporary service on any route at a higher price than that paid to the contractor who shall have performed the service during the last preceding regular contract term.
And in all cases of regular contracts hereafter made, the contract may, in the discretion of the Postmaster-General, be continued in force beyond its express terms for a period not exceeding six months, until a new contract with the same, or other contractors, shall be made by the Postmaster-General."]
(1) "SEC. 253. That hereafter all bidders upon every mail-route for the transportation of the mails upon the same, where the annual compensation for the service on such route at the time exceeds the sum of five thousand dollars, shall accompany their bids with a certified check or draft, payable to the order of the Postmaster-General, upon some solv
NOTE. (1) The several provisions of the act of 1872, ch. 255 (17 Stat. L., 283), amended by this act, are incorporated in the Revised Statutes in the sctions noted in the margin.
and in case next lowest bidder is posals to be advertoo high, new protised for.
Temporary contracts may be made
in certain cases.
Contracts, when may be continued beyond express terms.
Bids to be ac
companied by certified check, &c., when annual compensation exceeds $5,000.
R. S., § 3953.
ent national bank, which check or draft shall not be less than five per centum on the amount of the annual pay on said route at the time such bid is made, and, in case of new or modified service, not less than five per centum of the amount of the bond of the bidder required to accompany his bid, if the amount of the said bond exceeds five thousand dollars. Deposit to be In case any bidder, on being awarded any such contract, shall fail forfeited on fail to execute the same, with good and sufficient sureties, according to the ure, or returned on. terms on which such bid was made and accepted, and enter upon the performance of proposal. performance of the service to the satisfaction of the Postmaster-General, such bidder shall, in addition to his liability on his bond accompanying his bid, forfeit the amount so deposited to the United States, and the same shall forth with be paid into the Treasury for the use of the PostOffice Department; but if such contract shall be duly executed and the service entered upon as aforesaid, such draft or check so deposited, and the checks or drafts deposited by all other bidders, on the same route, shall be returned to the respective bidders making such deposits.
Proposals exceeding $5,000 not to be considered un less accompanied by check and bond.
No proposals for the transportation of the mails where the amount of the bond required to accompany the same shall exceed five thousand dollars shall be considered, unless accompanied with the check or draft herein required, together with the bond required by a preceding R. S., § 3953. section: Penalties in
Provided, That nothing in this act shall be construed or intended to curred not affected. affect any penalties or forfeitures which have heretofore accrued under the provisions of the sections hereby amended."
Postage on pub- SEC. 13. That hereafter the postage (3) on public documents mailed lic documents by any member of Congress, the President, or head of any Executive mailed by mem- Department shall be ten cents for each bound volume, and on unbound bers of Congress and heads of de- documents the same rate as that on newspapers mailed from a known partments, &c. office of publication to regular subscribers; and the words "Public R. S., 3875- Document" written or printed thereon, or on the wrapper thereof, and 3879, 396-3913. certified by the signature of any member of Congress, or by that of the 1875, March 3, President, or head of any Executive Department shall be deemed a ch. 128, § 3. 1877, March 3, sufficient certificate that the same is a public document; and the term ch. 103, §§ 5, 7. "public document" is hereby defined to be all publications printed by order of Congress, or either House thereof:
1879, March 3, ch. 180, ý 1, par. 4. -on the Congressional Record.
1875, March 3,
ch. 128, § 5.
Provided, That the postage on each copy of the daily Congressional Record mailed from the city of Washington as transient matter shall be one cent. [June 23, 1874.]
(3) By acts of 1877, March 3, ch. 103, §§ 5. 7, and 1879, March 3, ch. 180, § 1, par. 4, all public documents may be sent and received through the mails by Senators, Representatives, Delegates, Secretary of the Senate, Clerk of the House, and heads of departments without payment of postage.
June 23, 1874. 18 Stat. L., 244.
[SECTION 1], That the Inspector General's Department shall consist al's Department; of one colonel, two lieutenant-colonels, and two majors, with the rank, pay, and emoluments of officers of said grades; and the Secretary of 1878, Dec. 12, ch. War may, in addition, detail officers of the line, not to exceed four, to 2. 16 Opin. Att'y act as assistant inspector-general:
R. S., § 1131.
Provided, That officers of the line detailed as acting inspectors-gen- Acting inspecteral shall have all the allowances of cavalry officers of their respective ors-general to have allowance of grades; cavalry officers. And no new appointment shall be made in the Inspector-General's Inspectors-genDepartment until the number of inspectors general is reduced to five. eral reduced to SEC. 2. That the Bureau of Military Justice shall hereafter consist Judge-Advocateof one Judge Advocate-General, with the rank, pay, and emoluments General; rank, of a brigadier general; and the said Judge-Advocate-General shall pay, and duty of. R. S., §§ 1198, receive, revise, and have recorded the proceedings of all courts-martial, 1199. courts of inquiry, and military commissions, and shall perform such other duties as have been heretofore performed by the Judge-AdvocateGeneral of the Army.
In the corps of judge-advocates no appointment shall be made as vacancies occur until the number shall be reduced to four, which shall reduced to four. R. S., § 1200thereafter be the permanent number of the officers of that corps. 1203. SEC. 3. That hereafter there shall be three assistant commissaries- Three assistant general of subsistence, with the rank, pay, and emoluments of lieuten commissaries-genant-colonel, instead of the two now allowed by law of said grade in the eral. R. S., § 1140. Subsistence Department; Twelve commis
That the number of commissaries of subsistence with the rank, pay, and emoluments of a captain of cavalry, is hereby reduced to twelve, saries. and no appointment to fill a vacancy in said grade shall be made until the number thereof shall be reduced to twelve, and the number thereafter shall remain fixed at twelve.
officers, their rank
SEC. 4. That the Medical Department of the Army shall hereafter Medical Departconsist of one Surgeon-General, with the rank, pay, and emoluments of ment; Surgeona brigadier-general; one assistant surgeon-general, and one chief medi- General and other cal purveyor, each with the rank, pay, and emoluments of a colonel; and pay. and two assistant medical purveyors, with the rank, pay, and emolu- R. S., 1168ments of lieutenant-colonels, who shall give the same bonds which are 1174. or may be required of assistant paymasters-general of like grade, and shall, when not acting as purveyors, be assignable to duty as surgeons by the President; fifty surgeons, with the rank, pay, and emoluments of majors; one hundred and fifty assistant surgeons, with the rank, pay, and emoluments of lieutenants of cavalry for the first five years' service, and with the rank, pay, and emoluments of captains of cavalry after five years' service; and four medical store-keepers, with the same compensation as is now provided by law;
And all the original vacancies in the grade of assistant surgeon shall be filled by selection by competitive examination;
And the Secretary of War is hereby authorized to appoint, from the enlisted men of the Army, or cause to be enlisted, as many hospitalstewards as the service may require, to be permanently attached to the Medical Department, under such regulations as the Secretary of War may prescribe.
(Sup.) [And the number of contract-surgeons shall be limited to seventy-five on or before the first day of January in the year eighteen hundred and seventy five; and thereafter no more than that number shall be employed.]
vacancies in office of assistantsurgeon, how filled. hospital stew
contract surgeons, number reduced.
R. S., § 1168. Suspended by 1875, Jan. 1, ch. 12. Ordnance De
SEC. 5. That the Ordnance Department shall consist of one Chief of Ordnance, with the rank, pay, and emoluments of a brigadier-general; partment; officers three colonels, four lieutenant-colonels, ten majors, twenty captains, of, their rank, pay, sixteen first lieutenants; and all vacancies which may hereafter exist R. S., § 1159in the grade of first lieutenant in said Department shall be filled by 1167. transfer from the line of the Army:
Provided, That no appointment or promotion in said Department — examinations shall hereafter be made until the officer or person so appointed or pro- for appoinment or moted shall have passed a satisfactory examination before a board of promotion in. ordnance-officers senior to himself.
Officers now in SEC. 6. That no officer now in service shall be reduced in rank or service not reduced mustered out by reason of any provision of law herein made reducing the number of officers in any department or corps of the staff.
in rank, &c.
SEC. 7. That as vacancies shall occur in any of the grades of the OrdOrdnance and nance and Medical Departments, no appointments shall be made to fill the Medical Departments not to be same until the numbers in such grade shall be reduced to the numbers filled until num- which are fixed for permanent appointments by the provisions of this act; bers reduced, &c.
1168, 1194, 1208.
And thereafter the number of permanent officers in said grades shall continue to conform to said reduced numbers, and all other grades in said Ordnance and Medical Departments than those authorized by the provisions of this act shall cease to exist as soon as the same shall become vacant by death, resignation or otherwise;
And no appointment or promotion shall hereafter be made to fill any vacancy which may occur therein.
SEC. 8. That so much of section six of an act entitled (1) "An act 1159, making appropriations for the support of the Army for the year ending June thirtieth, eighteen hundred and seventy, and for other purposes," approved March third, eighteen hundred and sixty-nine, as applies to the Ordnance, Subsistence and Medical Departments of the Army be, and the same is hereby repealed:
Provided, That this section repealing said section shall not apply to any of the grades of the Medical or Ordnance Departments which are omitted or abolished by the provisions of this act. [June 23, 1874.]
NOTE. (1) The provisions of the act of 1869, ch. 124, § 6 (15 Stat. L., 318), here referred to, are incorporated into the Revised Statutes in the sections noted in the margin.
June 23, 1874.
18 Stat. L., 250.
AN ACT TO PROTECT LINES OF TELEGRAPH CONSTRUCTED OR USED BY THE UNITED
Wilful injury to works of United States telegraph lines, how punished.
Wilful injury to Be it enacted, &c., That any person or persons who shall wilfully or works of United maliciously injure or destroy any of the works or property or material States telegraph of any telegraphic line constructed and owned, or in process of conlines, how pun- struction, by the United States, or that may be hereafter constructed R. S., § 223, and owned or occupied and controlled by the United States, or who shall wilfully or maliciously interfere in any way with the working or 1874, Feb. 4, ch. use of any such telegraphic line, or who shall wilfully or maliciously 1874, June 3, ch. obstruct, hinder, or delay the transmission of any communication over any such telegraphic line, shall be deemed guilty of a misdemeanor, and, on conviction thereof in any district court of the United States having jurisdiction of the same, shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or with imprisonment for a term not exceeding three years, or with both, in the discretion of the court. [June 23, 1874.]
June 23, 1874.
18 Stat. L., 250.
Stamps may be affixed prior to
January, 1876, to
AN ACT TO Provide for THE STAMPING OF UNSTAMPED INSTRUMENTS, DOCUMENTS
1. Stamps may be affixed prior to January, 1876,
Be it enacted, &c.
Proceedings in such case. 2. Repeal.
[SECTION 1], That all instruments, documents, and papers heretofore unstamped instru- made, signed or issued, and subject to a stamp duty or tax under any law heretofore existing and remaining unstamped, may be stamped by
any person having an interest therein, or, where the original is lost, a copy thereof, at any time prior to the first of January, eighteen hundred and seventy-six.
And said instruments, documents, and papers and any record thereof, shall be as valid, to all intents and purposes as if stamped when made, signed or issued, but no right acquired in good faith shall in any manner be affected by such stamping as aforesaid.
R. S., § 3422.
105 Mass., 49.
Provided, That to render such stamping valid, the person desiring to stamp the same shall appear with the instrument, document, or paper, such case. or copy thereof, before some judge or clerk of a court of record, and before him affix the proper stamp; and the said judge or clerk shall indorse on such writing or copy a certificate, under his hand, when made by said judge, and under his hand and seal, when made by said clerk, setting forth the date at which, and the place where, the stamp was so af fixed, the name of the person presenting said writing or copy, the fact that it was thus affixed, and that the stamp was duly cancelled in his presence. SEC. 2. That all laws or parts of laws in conflict with the above, are hereby repealed. [June 23, 1874.]
1862, ch. 119, §§ 94-110, ch. 163, § 24. 1862 (3d sess.), ch. 4, § 5. 12 Stat. L., 475, 560, 632.
AN ACT TO CHANGE THE TIMES OF HOLDING THE CIRCUIT AND DISTRICT COURTS AT
June 23, 1874.
18 Stat. L., 251.
1. Circuit and district courts in Indiana to be held at Evansville on first Mondays of April and October.
Be it enacted, &c.
2. Processes for August term continued.
[SECTION 1], That the terms of the circuit and district courts of the United States for the district of Indiana, which are provided by law to be holden at the city of Evansville, shall hereafter be held at that city on the first Mondays of April and October in each year.
SEC. 2. That all suits which stand for trial at, and all writs, processes, and recognizances which are, or may be made, returnable to, the next August term of said courts, shall stand continued and be returnable to the next term thereof provided for in this act. [June 23, 1874.]
AN ACT TO PROTECT PERSONS OF FOREIGN BIRTH AGAINST FORCIBLE CONSTRAINT OR
June 23, 1874. 18 Ştat. L., 251.
1. Bringing into United States, &c., kidnapped persons with intent to hold to involuntary servitude, how punished.
Be it enacted, &c.
2. Accessories, how punished.
[SECTION 1], That whoever shall knowingly and wilfully bring into Bringing into the United States, or the Territories thereof, any person inveigled or United States, &c., forcibly kidnapped in any other country, with intent to hold such person to hold to involunso inveigled or kidnapped in confinement or to any involuntary service, tary servitude, and whoever shall knowingly and wilfully sell, or cause to be sold, into how punished. any condition of involuntarily servitude, any other person for any term R. S., § 2161, whatever, and every person who shall knowingly and wilfully hold to 5375,5525. 17 Blatch., 423. involuntary service any person so sold and bought, shall be deemed