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July 25, 1866.

pension laws extended to provost marshals

CHAP. CCXXXV.- An Act increasing the Pensions of Widows and Orphans, and for other Purposes.

Be it enacted by the Senate and House of Representatives of the Provisions of United States of America in Congress assembled, That the provisions of the pension laws are hereby extended to and made to include provost marshals, deputy provost marshals, and enrolling officers, who have been killed or wounded in the discharge of their duties; and for the purpose of determining the amount of pension to which such persons and their dependents shall be entitled, provost marshals shall be ranked as captains, deputy provost marshals as first lieutenants, and enrolling officers as second lieutenants.

and their deputies and to enrolling officers.

How to take

rank.

Pensions to widows of sol

diers and sailors increased $2 a month for each child under six

teen years. If there is

more than one child, and no widow, &c.

No person to have more than one pension.

Provisions of

tended to pen

SEC. 2. And be it further enacted, That the pensions to widows of deceased soldiers and sailors, having children by such deceased soldiers or sailors, be increased at the rate of two dollars per month for each child of such soldier or sailor under the age of sixteen years. And in all cases in which there shall be more than one child of any deceased soldier or sailor leaving no widow, or where his widow has died or married again, or where she has been deprived of her pension under the provisions of section eleven of an act entitled "An act supplementary to the several acts relating to pensions," approved June sixth, eighteen hundred and sixtysix, the pension granted to such children under sixteen years of age by existing laws shall be increased to the same amount per month that would be allowed under the foregoing provisions to the widow if living and entitled to a pension: Provided, That in no case shall more than one pen sion be allowed to the same person.

SEC. 3. And be it further enacted, That the provisions of an act enformer acts ex- titled "An act to grant pensions," approved July fourteen, eighteen hundred and sixty-two, and of the acts supplementary thereto and amendatory thereof, are hereby, so far as applicable, extended to the pensions under previous laws, except revolutionary pensioners.

sioners under

previous laws, except, &c.

1862, ch. 166. Vol. xii. p. 566.

SEC. 4. And be it further enacted, That if any person during the pen1864, ch. 247. dency of his application for an invalid pension, and after the completion Vol. xiii. p. 387. 1865, ch. 84. of the proof showing his right thereto, has died, or shall hereafter die, Vol. xiii. p. 499. but not in either case by reason of a wound received, or disease contractIf during pen- ed in the service of the United States and in the line of duty, his widow, dency of an application for in- or if he left no widow, or in the event of her death or marriage, his relavalid pension tives in the same order in which th[e]y would have received a pension, and after comif they had been thereunto entitled under existing laws on account of the pletion of proof, applicant dies, services and death in the line of duty of such person, shall have the who may receive right to demand and receive the accrued pension to which he would have accrued pension, &c. been entitled had the certificate issued before his death; and in all cases where such person so entitled to an invalid pension has died, or shall hereafter die, under circumstances hereinbefore mentioned, whether by reason of a wound received or disease contracted in the service of the United States, and in the line of duty or otherwise, without leaving a widow or such relatives, then such accrued pension shall be paid to the executor or administrator of such person in like manner and effect as if such pension were so much assets belonging to the estate of the deceased

Accrued pension to be paid to executor, &c.

Repealing clause of act 1866, ch. 106, Ante, p. 56, not to work

forfeiture of accrued rights, &c.

at the time of his death.

SEC. 5. And be it further enacted, That the repeal by the act entitled "An act supplementary to the several acts relating to pensions," approved June sixth, eighteen hundred and sixty-six, of parts of certain acts mentioned in the first section of said act, shall not work a forfeiture of any rights accrued under or granted by such parts of such acts so repealed; but such rights shall be recognized and allowed in the same manner and to all intents and purposes as if said act had never passed, except that the invalid pensioner shall be entitled to draw from and after the taking effect of said act the increased pension thereby granted in lieu of that granted by such parts of such acts so repealed.

Widows hav

SEC. 6. And be it further enacted, That nothing in the fourth section of an act entitled "An act supplementary to the several acts relating to ing claim for pension pending pensions," approved March third, eighteen hundred and sixty-five, or in at date of re-marany other supplementary or amendatory act relating to pensions, shall be riage not affected so construed so as to impair the right of a widow whose claim for a by provisions of pension was pending at the date of her re-marriage, to the pension to $4. which she would otherwise be entitled, had her deceased husband left no minor child or children under the age of sixteen years. APPROVED, July 25, 1866.

act 1865, ch. 84,

Vol. xiii. p. 490.

CHAP. CCXXXVI.— An Act authorizing the Construction of a Jail in and for the Dis- July 25, 1866. trict of Columbia.

See Joint Res

olution No. 60. Post, p. 575. Secretary of

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and is hereby, authorized to select a suitable place on the Interior to some of the public grounds belonging to the government in the city of select suitable place and conWashington, in the District of Columbia, for and construct thereon, upon struct a jail such plan as he may select, a jail of sufficient capacity to provide for not thereon. less than three hundred prisoners, with suitable yards, hospitals, and so forth, the entire cost of which shall not exceed the sum of two hundred thousand dollars.

Capacity.

Cost.

Architect to be

to prepare designs and speci

for building.

SEC. 2. And be it further enacted, That as soon as said site, and the plan of a jail shall be so selected and agreed upon, the said Secretary of employed; the Interior shall employ an architect and have prepared a design for said building, and plans descriptive thereof, with complete specifications of the fications, and work required and the materials to be used, and shall publish notice of a publish notice of public letting of the contract for the building of the same, at least thirty letting contract days before the letting, in the principal newspapers in New York city, Boston, Philadelphia, Cincinnati, Baltimore, and Washington, which no- Contract to be tice shall direct a place where such specifications can be seen, and a time let to lowest at which the contract is to be let; and the said Secretary shall let said responsible bidcontract to the lowest responsible bidder, and the contractor therefor der. shall enter into sufficient bond for the faithful completion of the said contract to the approval of the Secretary.

Contractor to

give bond.

Contractor to

SEC. 3. And be it further enacted, That the said Secretary shall pay to the contractor or contractors instalments on the contract price as the be paid by instalments, twenwork progresses, to be certified to by the architect having the direction ty per cent being thereof, but twenty per centum of the estimates shall be retained until retained. the completion of the contract.

SEC. 4. And be it further enacted, That there be, and is hereby, ap- Appropriation. pointed, [appropriated,] for the purposes aforesaid, out of any money in the treasury not otherwise appropriated, the sum of two hundred thousand dollars, to be drawn on the order of said Secretary of the Interior.

Materials of

SEC. 5. And be it further enacted, That the Secretary of the Interior be, and is hereby, authorized to sell at public sale, on proper notice there- old jail to be sold of, the materials of the old jail, now located in Judiciary Square, and the at auction. proceeds thereof to be paid into the treasury of the United States.

[Amended. See 1867, ch. 152.

Post, p. 428.]

City of WashSEC. 6. And be it further enacted, That for the purpose of reim- ington to pay bursing the United States for a part of the cost of said jail, it shall be $70,000 in part the duty of the proper authorities of the city of Washington, and they for jail. are hereby required, to raise, by tax or otherwise, and pay into the treasury of the United States, at or before the time of the completion of said jail, the sum of seventy thousand dollars. And it shall be the like duty of the proper authorities of the city of Georgetown, and they are hereby required, to raise, by tax or otherwise, and pay into the treasury of the United States, at or before the completion of said jail, the sum of twenty thousand dollars. And it shall be the like duty of the proper authorities Washington to of the county of Washington or said District, and they are hereby required, pay $10,000.

Georgetown to

pay $20,000.

County of

A tax to be assessed and levied sufficient to raise said amounts.

Proceedings if

to raise, by tax or otherwise, and pay into the treasury of the United States at or before the period aforesaid, the sum of ten thousand dollars, which said several sums shall be deemed the fair proportion of the cost of said jail of each of said cities and said county of Washington; and the said cities and county authorities, respectively, are hereby authorized and required to assess and levy upon the taxable property of said cities and said county of Washington a tax sufficient to raise the amount so by each city and said county required to be paid as aforesaid.

SEC. 7. And be it further enacted, That upon the default of payment either city or the of the sums aforesaid into the treasury of the United States at the time county is in default of payment before stated, made by either of said cities or by said county of Washof tax; ington, the said Secretary of the Interior shall appoint a collector for any such delinquent city or county as shall have failed to make its payments as aforesaid, and it shall be the duty of said collector to proceed with the collection of the taxes as assessed, in such manner and form as shall be prescribed by the Secretary of the Interior; or if either of said cities or said county of Washington shall neglect, fail, or refuse to assess such tax, the Secretary of the Interior is hereby authorized and empowered to make such levy and proceed to its collection as aforesaid. APPROVED, July 25, 1866.

if tax is not assessed.

July 25, 1866. CHAP. CCXXXVII.

ration of Rights

-An Act to annul the thirty-fourth Section of the Declaration of Rights of the State of Maryland, so far as it applies to the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United The 34th sec- States of America in Congress assembled, That the thirty-fourth section tion of the Decla- of the Declaration [of] Rights of the State of Maryland, adopted sevenof State of Mary- teen hundred and seventy-six, so far as the same has been recognized and land, prohibiting adopted in the District of Columbia, be, and the same is hereby, repealed gifts, and de- and annulled, and that all sales, gifts, and devises prohibited by the said vices, annulled. section, or by any law passed in accordance therewith, shall be, when Such gifts and hereafter made, valid and effectual: Provided, That, in case of gifts and devises, the same shall be made at least one calendar month before the death of the donor or testator.

certain sales,

devices to be made at least one month be. fore death of donor.

July 25, 1866.

House of correction for boys

established in Washington.

Building al

ready erected to be transferred to

trustees under this act.

Government of

be vested in seven trustees.

APPROVED, July 25, 1866.

CHAP. CCXXXVIII. — An Act to establish in the District of Columbia a House of Correction for Boys.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be established in the District of Columbia, on the tract of land known as the government farm, a fit and convenient house of correction, suitably and efficiently ventilated, with convenient yards, workshops, and other suitable accommodations adjoining or appurtenant thereto, for the safe keeping, correction, governing, and employing of offenders legally committed thereto by authority of the courts and magistrates of the District of Columbia: Provided, That the building already erected on that land for the purpose of establishing a similar institution, together with all the other property there collected for the same purpose, shall be transferred to the trustees appointed according to the provisions of this act, at a cost not exceeding one thousand five hundred dollars.

SEC. 2. And be it further enacted, That the government of said instituthe institution to tion shall be vested in a board of seven trustees, to be appointed and commissioned by the President of the United States, one of whom shall Trustees, how be nominated for appointment by the mayor of Washington, one by the mayor of Georgetown, one by the levy court of the county of Washington, and four by the Secretary of the Interior; and no trustee shall reto be paid ex- ceive compensation for his services, but each trustee shall be allowed the

appointed;

Term of office.

amount of expenses necessarily incurred in the discharge of the duties of penses, but no his office. The term of office of the said trustees shall be three years; compensation. but on the first appointment of the board of trustees two of the members shall be appointed for one year, two for two years, and three for three years, to be determined by the President.

tees to be a cor

Name and

SEC. [3.] And be it further enacted, That the said board of trustees Board of trusshall be a corporation, by the name of the Trustees of the house of cor- poration. rection for the District of Columbia, for the purpose of taking and holding, in trust, whatever property may be conveyed, devised, donated, or powers. bequeathed for the benefit of said institution, with all the power necessary to carry this purpose into effect.

Duties of

trustees.

tendent and other officers.

Salaries.

SEC. 4. And be it further enacted, That it shall be the duty of the said board of trustees to take charge of the general interests of the insti- They may aptution; they may appoint a superintendent, a steward, a teacher or teach- point superiners, and such other officers as may be found necessary, and may be approved by the Secretary of the Interior; they may fix the salaries of said officers, subject to the approval of the Secretary of the Interior: they may prepare such by-laws as may be necessary to regulate and direct the management of the institution, which, however, shall not be valid until approved by the Secretary of the Interior; and to exercise a vigilant supervision over the institution, its officers, and its inmates.

By-laws.

Conditions.

SEC. 5. And be it further enacted, That before entering upon the duties Superintendent to give bond. of his office the superintendent shall give a bond to the trustees, with sureties to be approved by the board of trustees and by the Secretary of the Interior, in the sum of three thousand dollars, conditioned that he shall faithfully account for all money received by him, and faithfully perform all the duties incumbent on him as superintendent of said house of correction.

SEC. 6. And be it further enacted, That a treasurer of the institution shall be appointed by the board of trustees, subject to the approval of the Secretary of the Interior, who shall, before entering upon the duties of his office, give a bond to the trustees, with sureties to be approved by the board of trustees and by the Secretary of the Interior, in the sum of five thousand dollars, conditioned that he shall faithfully account for all the money received by him as treasurer; and it shall be his duty to keep a clear and full record of his accounts as treasurer, and report an abstract of the same to the chairman of the board of trustees once in every two months.

Treasurer.

Bond.

Conditions. Duties of treasurer.

Grounds and

ready.

SEC. 7. And be it further enacted, That, as soon after their appointment as possible, the board of trustees shall take measures to have the buildings to be prepared. land and building designated suitably prepared for the use of said house of correction; and, as soon as the buildings and premises are prepared Notice when for occupancy, the trustees shall give notice to the proper authorities and courts of the cities of Washington and Georgetown, and of the county of Washington, that the house of correction is ready to receive inmates. SEC. 8. And be it further enacted, That when any boy under the age Boys of what of fourteen years is found guilty in a court in the District of Columbia age and for what offences may be of any crime punishable by imprisonment other than imprisonment for sentenced to life, he shall be committed to the said house of correction, and there held house of correcin custody of the superintendent for the term of his sentence; and when any boy over fourteen and under sixteen years of age shall be found guilty in a court of the District of Columbia of any crime punishable by imprisonment other than imprisonment for life, it shall be the duty of the court trying the case to consider carefully and decide whether he is or is not a fit subject for the house of correction, and make its sentence ac cord with its decision of this question.

tion.

Superintendent to reside at

SEC. 9. And be it further enacted, That the superintendent shall reside at the institution constantly, and that he, with such subordinate officers as the institution, may be appointed in accordance with the fourth section of this act, shall and to have the

charge, custody, have the charge and custody of the boys; shall govern them in accordinstruction, &c. ance with such rules and regulations as the board of trustees may preof the boys. scribe in its by-laws; shall employ them in agricultural, mechanical, or other labor; shall give them instruction in reading, writing, arithmetic, geography, and such other studies, and in such arts and trades as the trustees may direct; and shall employ such methods of discipline as will, as far as possible, reform their characters, preserve their health, promote regular improvement in their s[t]udies, trades, and employments, and secure in them fixed habits of religion, morality, and industry.

Superintendent to have charge of property of institu

tion;
to keep
accounts of re-
ceipts and ex-
penditures;

to account for

money received;

SEC. 10. And be it further enacted, That the superintendent shall have charge of the lands, buildings, furniture, tools, implements, stock, provisions, and every other species of property pertaining to the institution, within the precincts thereof; and he shall keep, in suitable books, regular and complete accounts of all his receipts and expenditures, and of all the property intrusted to him, so as to show clearly the income and expenses of the institution; and he shall account to the treasurer, in such manner as the trustees may prescribe, for all the money received by him from the to keep regis- proceeds of the institution or otherwise; and he shall keep a register of ter of boys adthe names and ages of all boys committed to the institution, with the mitted. dates of their admission and discharge, and such particulars of their history before and after leaving the institution as he can obtain. His books and all documents relating to the house of correction, shall at all times be open to the inspection of the trustees, who shall once or more in every Accounts to be three months carefully examine his accounts and the vouchers and documents connected therewith, and make a record of the result of such examination.

Books, &c. to be open to inspection of trus

tees.

examined quarterly.

Contracts on account of the

made.

Suits.

SEC. 11. And be it further enacted, That all contracts on account of institution how the institution shall be made by the superintendent, and, when approved by the trustees, if their by-laws shall require their approval, shall be binding in law, and the superintendent, or his successor, may sue or be sued thereon to final judgment and execution; and no suit shall abate by reason of the office of superintendent becoming vacant during the pendency of such suit, but any successor in the office shall assume the prosecution or defence of any pending suit, and continue the prosecution or defence until such suit shall be concluded.

Trustees to

at least once in two weeks.

Record of

visits to be kept. Quarterly examination of in

SEC. 12. And be it further enacted, That one or more of the trustees visit institution shall visit the said house of correction, once, at least, in every two weeks, at which time the condition of the same shall be carefully examined and the register inspected; a record of the visits shall be kept in the books of the superintendent; once in every three months the institution shall be thoroughly examined in all its departments by not less than three of the trustees, and a report of such examinations shall be made to the board; and an abstract of the reports, together with full annual reports of the superintendent and the treasurer, shall be presented to the Secretary of the Interior on or before the fifteenth day of November in each

stitution.

Annual report

to Secretary of Interior.

Expenses of boys while in the institution, how paid.

How to be recovered.

Appropriation.

year.

SEC. 13. And be it further enacted, That when a boy shall be committed to the said house of correction, the city in which he had his residence at the time of such commitment, or, if his residence was within the county of Washington, and not within the city of Washington, or the city of Georgetown, then the county of Washington shall pay to the treasurer of the house of correction fifty cents a week while he remains therein; the payment shall be made quarterly on the first days of January, April, July, and October; and any sum so paid may be recovered by such city or county of any parent, kindred, or guardian, liable by law to maintain

him.

SEC. 14. And be it further enacted, That for the purpose of securing a transfer of the building and other property to the trustees, preparing the premises and building for occupancy, and for the payment of other neces

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