acts, whether then pending or thereafter instituted, and in respect of all rights of debtors and creditors (except the right of commencing original proceedings in bankruptcy), and all rights of, and suits by, or against assignees, under any, or all of said acts, in any matter or case which Act takes effect shall have arisen prior to the day when this act takes effect (which shall Sept. 1, 1878. be on the first day of September, anno Domini eighteen hundred and seventy-eight), or in any matter or case which shall arise after this act takes effect, in respect of any matter of bankruptcy authorized by this act to be proceeded with after said last-named day, the acts hereby repealed shall continue in full force and effect until the same shall be fully disposed of, in the same manner as if said acts had not been repealed. [June 7, 1878.] June 7, 1878. 20 Stat. L., 100. President to ap CHAPTER 162. AN ACT REGULATING THE APPOINTMENT OF JUSTICES OF THE PEACE, COMMISSION- [SECTION 1], That the President of the United States shall nominate point fifteen jus- and, by and with the advice and consent of the Senate, appoint fifteen tices of peace in District Columbia. justices of the peace within and for the District of Columbia. Said jusR. S., vol. 2, Dist. tices of the peace shall be assigned as follows: two in the city of GeorgeCol., §§ 990-1034. town, one in Tennallytown, one in Brightwood, one in Uniontown, and ten in the city of Washington. Their term of office shall be four years, subject to removal for cause. Their jurisdiction. They shall respectively have the jurisdiction, exercise the powers and functions, and perform the duties as now provided by law for said officers respectively. Said justices of the peace, shall be the successors of the justices of the peace who now hold office in said District, and shall proceed in and close up all such unfinished business of their predecessors as may be brought to their attention by any party in interest, who shall present a transcript of the same, as hereinafter provided. And in like manner they shall proceed in and close up all unfinished business of any predecessor in office appointed under this act. Disposition of Upon resignation or the expiration of the term of office, they shall records, &c., on make, certify, and deliver transcripts of any proceeding on their docket termination of office, &c. to any party in interest, or shall deliver said docket, together with all papers in all unfinished business, to their successors in office, at their option, and account for all money's in their hands. Justices in office Upon the death or removal of any justice of the peace appointed under this act, his docket, books, and papers of office shall be delivered to his immediate successor in office. SEC. 2. The terms of office of all justices of the peace, now in office at time of passage within and for the District of Columbia shall end on the thirtieth day of this act. after the approval of this act. They shall issue no process returnable on or after that day, and shall deposit their docket, books, papers, and records pertaining to their office in the office of the clerk of the supreme court of the District of Columbia, who shall, on demand of the parties in interest, deliver to them transcripts, duly certified, together with all papers left or filed with them by said parties in said case or proceeding. SEC. 3. The supreme court of the District shall have authority to Supreme court of appoint not exceeding twenty constables, who shall hold office for four District may apyears, subject to be removed by said court for cause, upon hearing. stables. point twenty conAnd said constables shall be the successors of the constables now hold-R. S., vol. 2, Dist. ing office in the said District. Col., § 1035-1040. The term of office of all constables now in office in said District shall end on the thirtieth day after the approval hereof, and they shall, on or before said day, return all process which may be held by them duly executed (except as hereafter provided), and pay over to the proper parties all moneys in their hands; All constables may duly execute and return all writs and processes in their hands at the time of such expiration of their term of office. SEC. 4. The supreme court of the District of Columbia shall have to fix and apthe power to fix the amount and form of the bonds, and approve the prove bonds of justices of peace and same, to be given by said justices of the peace and constables, and make constables, and such further regulations as may be necessary to complete the transfer may remove conof the existing business from the present justices of the peace to those stables, &c. appointed under this act, and for the return of any writ, execution, or other process by the present justices of the peace to those appointed under this act, and may remove constables from office for willful violation of law, or for misconduct, or for incompetency. SEC. 5. The President of the United States is hereby authorized to appoint as many commissioners of deeds throughout the United States as he may deem necessary, with powers to take the acknowledgment of deeds for the conveyance of property within the said District, administer oaths, and take depositions in cases pending in the courts of said District in the manner prescribed by law; to whose acts, properly attested by their hands and seals of office, full faith and credit shall be given. President may appoint commissioners of deeds in States, &c. The President shall also have power to appoint such number of nota--and notaries ries public, residents of said District, as in his discretion the business of public in District. the District may require; Said commissioners of deeds and notaries public to hold their offices for the period of five years, removable at discretion. SEC. 6. All laws and parts of laws inconsistent with any of the provisions of this act be, and the same are hereby repealed. [June 7, 1878.] R. S., vol. 2, Dist. Col., § 62. Terms of office of commissioners and notaries. Repeal. CHAPTER 168. AN ACT EXPLANATORY OF SECTION EIGHTEEN HUNDRED AND EIGHTY-NINE OF THE Territories not prohibited from creating towns, cities, and municipal corporations. Acts confirmed. Private rights, &c.; how affected. June 8, 1878. 20 Stat. L., 101. Territories not Be it enacted, &c., That the words "the legislative assemblies of the sev eral Territories shall not grant private charters or especial privileges" prohibited from creating towns, in section eighteen hundred and eighty-nine of the Revised Statutes of cities, and municithe United States shall not be construed as prohibiting the legislative pal corporations. assemblies of the several Territories of the United States from creating R. S., § 1889. towns, cities, or other municipal corporations, and providing for the government of the same, and conferring upon them the corporate powers and privileges, necessary to their local administration, by either general or special acts; And that all general and special acts of such legislative assemblies heretofore passed creating and providing for the government of towns, cities, or other municipal corporations, and conferring such rights, powers and privileges upon the same, as were necessary to their local administration, be, and the same are hereby, ratified and confirmed and declared to be valid, any law to the contrary notwithstanding, subject, however, to amendment or repeal hereafter by such Territorial assemblies. Acts confirmed. Private rights, &c.; how affected. But nothing herein shall have the effect to create any private right, 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.] June 8, 1878. 20 Stat. L., 101. Circuit and dis CHAPTER 169. AN ACT TO PROVIDE FOR CIRCUIT AND DISTRICT COURTS OF THE UNITED STATES AT SECTION 1. Circuit and district court in Ohio; when to One grand and one petit jury for both courts. - with no additional clerk or marshal. 3. Suits; in which division to be brought. Be it enacted, &c. SECTION 4. Offenses; where to be tried. 5. Pending cases may be transferred, &c. 6. Jurors; their residence. Process may be executed in other divisions. 7. When act takes effect. Repeal. [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; at Toledo. R. S., §§ 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. And the existing provisions of law fixing the times of holding the district court at Toledo are hereby repealed. SEC. 2. Said northern district shall be, and hereby is, divided into two divisions, to be known as the eastern and the western division of the northern district of Ohio. The western division shall consist of twenty-four counties, to wit; Williams, Defiance, Paulding, Van Wert, Mercer, Auglaize, Allen, Putnam, Henry, Fulton, Lucas, Wood, Hancock, Hardin, Logan, Union, Delaware, Marion, Wyandot, Seneca, Sandusky, Ottawa, Erie, and Huron; And the eastern division shall consist of the remaining counties in said district. But no additional clerk or marshal shall be appointed in said district. SEC. 3. All suits not of a local nature in the circuit and district courts, against a single defendant, inhabitant of such State, must be 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. All issues of fact in such suits shall be tried at a term of the court held in the division where the suit is so brought. SEC. 4. All offenses committed in either of the subdivisions shall be cognizable and indictable within said division. SEC. 5. Actions or proceedings now pending at Cleveland, in said district, which would under this act be brought in the western division of 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. SEC. 6. All grand and petit jurors summoned for service in each division shall be residents of such division. Process may be All mesne and final process, subject to the provisions herein before contained, issued in either of said divisions, may be served and executed executed in either in either or both of the divisions. SEC. 7. This act shall be in force from and after the first day of September, anno Domini eighteen hundred and seventy-eight. And all acts and parts of acts inconsistent herewith are hereby repealed. [June 8, 1878.] division. When act takes effect, &c. Repeal. CHAPTER 170 AN ACT TO AUTHORIZE THE SECRETARY OF THE TREASURY TO CONSTITUTE SUPER- June 8, 1878. 20 Stat. L., 102. Superintendents of mints may be authorized to receive deposits of gold and issue certificates 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 of mints may be authorized to reof 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 tificates therefor. Revised Statutes. [June 8, 1878.] R. S., § 254. CHAPTER 180. AN ACT PROVIDING A PERMANENT FORM OF GOVERNMENT FOR THE DISTRICT OF Deduction, &c., for prompt payment. 4. Regulation of payment of taxes may be made by Commissioners. Taxes to be paid into United States Treasury, and disbursements; how made. Accounts to be settled by accounting officers of Treasury. Be it enacted, &c. SECTION Interest on 3.65 bonds to be paid by Secretary 5. Repairs of streets, alleys, &c., and laying Contracts; how entered into, &c. Cost of laying pavements, sewers, &c.; how Railways refusing to pave. Railways crossing streets. Water and gas mains. Assistant to Engineer Commissioner to be de- 6. Police and school boards abolished, and duties School trustees; how appointed, and their powers. 7. Duties of sinking-fund commissioners trans- 8. Health officer in place of board of health. 9. Sanitary inspectors; their appointment, du- Health officer to report annually. 10. Clerks for health officer, &c. 11. Salaries of health officer and sanitary inspect ors. -of clerks and assistants. 12. Commissioners to report to Congress. 14. Certain taxes on collegiate establishments, June 11, 1878. 20 Stat. L., 102. [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 &c. pal corporation, as the District of Columbia. 1874, June 20, ch. 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. Commissioners &c. 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. SEC. 2. That within twenty days after the approval of this act the to be 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 hundred 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 limitations and duties which are now imposed upon said Commissioners. Powers, &c. Engineer Commissioner. Civil Commissioners. President of board. Oath. Salary and bond. Term of office. The Commissioner who shall be an officer detailed, from time to time, 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 compensation than his regular pay and allowances as an officer of the Army. The two persons appointed from civil life shall, at the time of their 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, And one of said three Commissioners shall be chosen president of the Board of Commissioners at their first meeting, and annually and whenever a vacancy shall occur, thereafter; 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 imposed upon him by law; 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 required by existing law. The official term of said Commissioners appointed from civil life shall 16 Opin. Att'y- 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 Commissioners, nor any officer whatsoever of the Dissureties on bonds trict of Columbia, shall be accepted as surety upon any bond required to be given to the District of Columbia; nor shall any contractor be accepted as surety for any officer or other contractor in said District to District. Powers and property vested in Commissioners. 1874, June 20, ch. 337. 1878, June 20, ch. 359, 1, par. 2. 18-1, Jan. 25, ch. 27. Application of revenues. SEC. 3. That as soon as the Commissioners appointed and detailed as aforesaid shall have taken and subscribed the oath or affirmation hereinbefore required, all the powers, rights, duties, and privileges lawfully exercised by, and all property, estate, and effects now vested by law in the Commissioners appointed under the provisions of the act of Congress approved June twentieth, eighteen hundred and seventy four, shall be transferred to and vested in and imposed upon said Commissioners; and the functions of the Commissioners so appointed under the act of June twentieth, eighteen hundred and seventy-four, shall cease and determine. 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, § 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 department, and the police, and for that purpose shall take possession and supervision of all the offices, books, papers, records, moneys, credits, ch. 117. |