way-trains, and, at the option of the corporation by which it may be built, may be used for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot passengers. States. SEC. 2. That any bridge built under this act, and subject to its limita- Post route; rate tions, shall be a lawful structure, and shall be recognized and known as payable by United a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over the railroad or public highways leading to the said bridge; And it shall enjoy the rights and privileges of other post-roads in the United States. How to be con SEC. 3. That if said bridge shall be made with unbroken and continuous spans, the spans thereof shall not be less than three hundred feet in structed. length in the clear, and the main span shall be over the main channel of the river. The lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high water mark as understood at the point of location, and the bridge shall be at right angles to, and its piers parallel with, the current of the river: -a8 a draw Provided, That if the same shall be constructed as a draw-bridge, the draw or pivot shall be over the main channel of the river at an accessi- bridge. ble navigable point, and the spans shall not be less than one hundred and sixty feet in length in the clear, and the piers of said bridge shall be parallel with, and the bridge itself at right angles to, the current of the river, and the spans shall not be less than ten feet above extreme high-water mark, as understood at the point of location, to the lowest part of the superstructure of said bridge: Opening of Provided also, That said draw shall be opened promptly, upon reasonable signal, for the passing of boats; and said company or corporation draw; signals. shall maintain at its own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light House Board shall prescribe. Obstruction of No bridge shall be erected or maintained under the authority of this act which shall at any time substantially or materially obstruct the free navigation prohibnavigation of said river; and if any bridge erected under such authority ited, &c. shall, in the opinion of the Secretary of War, obstruct such navigation, he is hereby authorized to cause such change or alteration of said bridge to be made as will effectually obviate such obstruction; and all such alterations shall be made and all such obstructions be removed at the expense of the owner or owners of said bridge. And in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, caused or alleged to be caused by said bridge, the case may be brought in the district court of the United States of the State of Missouri, in which any portion of said obstruction or bridge may be located: Laws for protection of navigation of rivers not modi fied. Provided further, That nothing in this act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers, or to exempt this bridge from the operation of the same. SEC. 4. That all railroad companies desiring the use of said bridge All railroad comshall have and be entitled to equal rights and privileges relative to the panies to have equal use of bridge. passage of railway-trains over the same, and over the approaches thereto, upon payment of a reasonable compensation for such use; And in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which cach shall conform in using said bridge, all matters at issue between them shall be decided by the Secretary of War, upon a hearing of the allegatious and proofs of the parties. Regulations by SEC. 5. That any bridge authorized to be constructed under this act shall be built and located under and subject to such regulations for the Secretary of War, security of navigation of said river as the Secretary of War shall pre Act may be .altered, &c. scribe; and, to secure that object, the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the bridge, and a map of the location, giving, for the space of one mile above and one mile below the proposed location, the topography of the banks of the river, the shore-lines at high and low water, the direction and strength of the currents at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; And until the said plan and location of the bridge are approved by the Secretary of War, the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War. SEC. 6. That the right to alter, amend, or repeal this act is hereby expressly reserved. [March 13, 1878.] March 15, 1878. 20 Stat. L., 30. Restrictions upon taking guano CHAPTER 34. AN ACT FURTHER TO SUSPEND THE OPERATIONS OF SECTION FIVE THOUSAND FIVE Restriction upon taking guano from islands suspended until March 15, 1883. Be it enacted, &c., That section five thousand five hundred and seventyfrom islands sus- four, title seventy-two, of the Revised Statutes of the United States, be, pended until and the same is hereby, further suspended, as therein set forth, for the March 15, 1883. period of five years next from and after the passage of this act. [March 15, 1878.] R. S., § 5574. CHAPTER 37. March 16, 1878. 20 Stat. L., 30. Defend ants in criminal cases may be witnesses, &c. R. S., 858, 1342, 1624. April 8, 1878. 20 Stat. L., 35. Judicial districts in Missouri; sub stitute for R. S., § 540. -eastern. western. 1879, Jan. 21, ch. 20. AN ACT TO MAKE PERSONS CHARGED WITH CRIMES AND OFFENCES COMPETENT WIT- Defendants in criminal cases may be witnesses, &c. Be it enacted, &c., That in the trial of all indictments, informations, complaints, and other proceedings against persons charged with the commission of crimes, offences, and misdemeanors, in the United States courts, Territorial courts, and courts-martial, and courts of inquiry, in any State or Territory, including the District of Columbia, the person so charged shall, at his own request but not otherwise, be á competent witness. And his failure to make such request shall not create any presump tion against him. [March 16, 1878.] CHAPTER 51. AN ACT TO AMEND SECTION FIVE HUNDRED AND FORTY, CHAPTER ONE, TITLE THIR- Judicial districts in Missouri; eastern and western. Be it enacted, &c., That section five hundred and forty, of chapter one and title thirteen of the Revised Statutes, be amended to read as follows: "SEC. 540. The State of Missouri is divided into two districts, which shall be called the eastern and the western district of Missouri. The eastern district includes the counties of Schuyler, Adair, Knox, Shelby, Monroe, Pike, Montgomery, Gasconade, Franklin, Washington, Reynolds, Shannon, and Oregon, as they existed January first, eighteen hundred and fifty-seven, with all the counties east of them. The western district includes the residue of said State. [April 8, 1878.] CHAPTER 58. AN ACT TO AUTHORIZE THE SECRETARY OF WAR TO PRESCRIBE RULES AND REGULA- April 10, 1878. 20 Stat. L., 36. Secretary of War may make rules respecting bids for contracts, require bonds of bidders, &c. Be it enacted, &c., That the Secretary of War is hereby authorized to Secretary of War prescribe rules and regulations to be observed in the preparation and may make rules submission and opening of bids for contracts under the War Depart. respecting bids for contracts, require ment; bonds of bidders, And he may require any bid to be accompanied by a bond in such &c. penal sum as he may deem advisable, with good and sufficient security, R. S., $$ 3709, conditioned that the bidder will enter into a contract agreeably to the 3714, 3716, 3717. terms of his bid, if the same be awarded to him within sixty days from the date of the opening of the bids, or otherwise pay the penalty. No bid shall be withdrawn by the bidder within the said period of sixty days. [April 10, 1878.] CHAPTER 60. AN ACT TO PREVENT DEPREDATIONS UPON PROPERTY IN THE DISTRICT OF COLUMBIA. Be it enacted, &c., That every person who, in the District of Columbia, shall willfully and without color of right, enter into any occupied or unoccupied dwelling-house or other building, the property of another, and shall cut, break, or tear from its place any gas-pipe, water-pipe, doorbell, or other fixture therein; Or who shall, in such dwelling-house or other building, willfully and without color of right cut, break, or tear down any wall, or part of a wall, or door, with intent to cut, break, or tear from its place 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.] April 17, 1878. 20 Stat. L., 36. Depredation on fixtures in houses in District of Co lumbia; how punished. CHAPTER 66. AN ACT TO PRR VENT THE INTRODUCTION OF CONTAGIOUS OR INFECTIOUS DISEASES SECTION 1. Vessels from infected ports, or with infected passengers, &c., entering United States, subject to State quarantine laws and certain regulations. 2. Consuls to report vessels leaving infected ports. Surgeon-general of marine hospital service to execute act. 3. Marine-hospital and customs officers to enforce quarantine laws. Be it enacted, &c. SECTION 4. Surgeon-general of marine hospitals to notify 5. Officers of State quarantine system may act State laws, &c., not to be interfered with. [SECTION 1], That no vessel or vehicle coming from any foreign port Vessels from inor country where any contagious or infectious disease may exist, and no fected ports or vessel or vehicle conveying any person or persons, merchandise or ani- with infected pasmals, affected with any infectious or contagious disease, shall enter any tering United sengers, &c., enport of the United States or pass the boundary line between the United States subject to States and any foreign country, contrary to the quarantine laws of any State quarantine laws and certain one of said United States, into or through the jurisdiction of which said regulations. vessel or vehicle may pass, or to which it is destined, or except in the R. S., §§ 47924796. manner and subject to the regulations to be prescribed as hereinafter 1879, June 2, ch. provided. 11. Consuls to report vessels leaving in- Surgeon-general SEC. 2. That whenever any infectious or contagious disease shall appear in any foreign port or country, and whenever any vessel shall leave any infected foreign port, or, having on board goods or passengers coming from any place or district infected with cholera or yellow fever, shall leave any foreign port, bound for any port in the United States, the consular officer, or other representative of the United States at or nearest such foreign port shall immediately give information thereof to the Supervising Surgeon General of the Marine Hospital Service, and shall report to him the name, the date of departure, and the port of destination of such vessel; And shall also make the same report to the health officer of the port of destination in the United States, and the consular officers of the United States shall make weekly reports to him of the sanitary condition of the ports at which they are respectively stationed; And the said Surgeon-General of the Marine-Hospital Service shall, of marine hospital under the direction of the Secretary of the Treasury, be charged with service to execute the execution of the provisions of this act, and shall frame all needful 1879, June 2, ch. rules and regulations for that purpose, which rules and regulations, shall 11, § 9. act. Marine hospital and customs officers to enforce quarantine laws. be subject to the approval of the President, but such rules and regulations shall not conflict with or impair any sanitary or quarantine laws or regulations of any State or municipal authorities now existing or which may hereafter be enacted. SEC. 3. That it shall be the duty of the medical-officers of the MarineHospital Service and of customs officers to aid in the enforcement of the national quarantine rules and regulations established under the preceding section; but no additional compensation shall be allowed said officers by reason of such services as they may be required to perform under this act, except actual and necessary traveling expenses. Surgeon-general SEC. 4. That the Surgeon-General of the Marine-Hospital Service of marine hospitals shall, upon receipt of information of the departure of any vessel, goods, to notify collectors and to transmit or passengers from infected places to any port in the United States, imweekly abstracts mediately notify the proper State or municipal and United States officer of sanitary re- or officers at the threatened port of destination of the vessel, and shall ports to certain prepare and transmit to the medical officer of the Marine Hospital Service, to collectors of customs, and to the State and municipal health authorities in the United States, weekly abstracts of the consular sanitary reports and other pertinent information received by him. officers. Officers of State SEC. 5. That wherever, at any port of the United States, any State quarantine system or municipal quarantine system may now, or may hereafter exist, the may act as officers officers or agents of such system shall, upon the application of the respectof national system, ive State or municipal authorities, be authorized and empowered to act when, &c. 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. Duties to be per- At all other ports where, in the opinion of the Secretary of the Treasformed by officers ury, it shall be deemed necessary to establish quarantine, the medical of marine hospital officers or other agents of the Marine-Hospital Service shall perform R. S., § 4801- such duties in the enforcement of the quarantine rules and regulations as may be assigned them by the Surgeon-General of that service under this act: service. 4813. State laws not to Provided, That there shall be no interference in any manner with any be interfered with. quarantine laws or regulations as they now exist or may hereafter be adopted under State laws. R. S., § 4792. Repeal. SEC. 6. That all acts or parts of acts inconsistent with this act be, and the same are hereby, repealed. [April 29, 1878.] CHAPTER 68. AN ACT TO PREVENT THE SALE OF POLICY OR LOTTERY TICKETS IN THE DISTRICT OF 1. Policy-lottery or policy-shop in District of 2. Permitting house to be used for polic y-lottery Columbia, and sale of tickets, &c., prohib ited. Be it enacted, &c. prohibited. April 29, 1878. 20 Stat. L., 39. [SECTION 1], That if any person shall, within the District of Colum- Policy-lottery or bia, keep, set up, or promote, or be concerned as owner, agent, clerk, or policy-shop in Disin any other manner, in managing any policy-lottery or policy-shop, or and sale of tickets, trict of Columbia, shall sell or transfer any ticket, certificate, bill, token, or other device &c., prohibited. 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. SEC. 2. That if any person shall knowingly permit in any house under Permitting his control, in the District of Columbia, the sale of any chance or ticket house to be used in, or share of a ticket in, any lottery or policy-lottery, or shall know- for policy-lottery prohibited. ingly 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.] CHAPTER 69. AN ACT PROVIDING FOR THE RECORDING OF DEEDS, MORTGAGES, AND OTHER CONVEY- April 29, 1878. to take effect on [SECTION 1], That sections four hundred and forty-six and four hundred Deeds, &c., in and forty seven of the Revised Statutes relating to the District of Co- District Columbia lumbia, passed at the first session of the Forty-third Congress, eighteen delivery to recordhundred and seventy-three and eighteen hundred and seventy-four, be, er, as against purand the same hereby are, repealed, and there is enacted in lieu thereof chasers, &c., withthe following: out notice; repealfor ing and substitute All deeds, deeds of trust, mortgages, conveyances, covenants, agree ments, 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; R. S., vol. 2 Dist. Col., §§ 446, 447. |