Persons to be of arrival. such ferry that the same may be easily read; and if at any time such keeper shall neglect or refuse to post and keep up such list it shall not be lawful to charge or take any ferriage or compensation at such ferry during the time of such delinquency. SEC. 349. All persons shall be received into the ferryboats and conferried in the order veyed across the stream over which such ferry shall be established according to their arrival at the same; and if any keeper of a ferry shall act contrary to this regulation he shall forfeit and pay the sum of three dollars for every such offense to the party aggrieved, to be recovered before any commissioner having jurisdiction: -exceptions. Ferry keeper, exclusive right to transport. Forfeiture of license to ferry. -frozen streams. without license. Provided, Public officers on urgent business, postriders, couriers, physicians, surgeons, and midwives shall in all cases be first carried over where all can not go at the same time. SEC. 350. Every person licensed to keep a ferry according to the provisions of this chapter shall have the exclusive privilege of transporting all persons and property over and across the stream where such is established, and shall be entitled to all the fare arising by law therefrom: Provided, Nothing herein contained shall be construed to prevent any person from crossing over such stream at such ferry in his own boat, or to take in and carry over any person, when the same is done without fee or charge, and not with intent to injure any person licensed to keep a ferry. SEC. 351. If any person licensed to keep a ferry shall fail to pay the tax assessed thereon when due, or shall not provide and keep in good and complete repair the necessary boat or boats, with the oars, setting poles, and other necessary implements for the service thereof, or shall neglect to employ a sufficient number of skillful and discreet ferry men, as is provided in section three hundred and forty-five of this title, within three months from the time license shall be granted; or if such ferry shall not at any time be kept in good condition and repair, agreeably to the provisions of this chapter; or if the same shall be abandoned, disused, or unfrequented for the space of six months at any one time, it shall be lawful for the commissioner of the proper precinct, on complaint being made in writing, to summon the person licensed to keep such ferry to show cause why such license should not be revoked, and to decide thereon according to the testimony adduced and the laws of the district, which decision when made shall be valid to all intents and purposes, subject to be reviewed by the district court: Provided, If any ferry shall be disused by reason of the stream over which the same is established being frozen or fordable at certain seasons of the year, or by reason of the travel being subject to periodical fluctuations, it shall not work a forfeiture within the meaning of this section. Penalty for SEC. 352. Any person who shall maintain any ferry and receive keeping ferry ferriage without first obtaining a license for the same shall pay a fine of ten dollars for each offense, to be collected for the use of the district by action before any commissioner having jurisdiction; and any person is hereby authorized to bring such action: Provided, It shall not be considered unlawful for any person to transport any other person or his property over any stream for hire when it shall be made evident that there is no ferry, or that the ferry established at such place was not in actual operation at the time or in sufficient repair to have afforded to such person or his property a safe and speedy passage. Persons meeting SEC. 353. Whenever any persons driving any vehicles shall meet on any public highway in the district, whether owned or kept by a cor- on highway to poration or private person, the persons so meeting shall seasonably turn to the right. turn their vehicles to the right of the center of the road, so as to permit each vehicle to pass without interfering with or interrupting the other. SEC. 354. If any person shall willfully violate the provisions of the Penalty and preceding section he shall forfeit and pay the sum of five dollars for damage for violaevery such violation to the party injured, to be recovered by a civil tion of preceding action, and such further damage in the same action as such party may directly sustain by reason of such violation. section. SEC. 355. Whenever any person driving a vehicle who shall violate Employer liable the provisions of section three hundred and fifty-three is at the time for wrongdoing of in the employ of another, such other person is liable for the penalty servant; action against the one a herein provided the same as if he were the driver of such vehicle at the bar, etc. time of such violation; but an election to sue either the driver or employer is a bar to an action against the other. Rules of travel SEC. 356. It shall be the duty of any person or persons running or propelling or in charge of any portable or traction engine over the for traction public highways in the district to bring the portable or traction engine gines, etc. to a stop when within one hundred yards of any person or persons going in the opposite direction with a team or teams, and remain stationary until the team or teams shall have passed by. SEC. 357. It shall be unlawful to blow the whistle of such portable en Whistles not to or traction engines while upon the public highway or while passing be blown on highover the streets of any city, town, or village in the district. ways and streets. SEC. 358. It shall be unlawful for any person or persons to drive Driving steam any traction or portable engine of over two tons weight over any engines over pubbridge or culvert on any public street or highway within the district lic bridge. without using on such bridge or culvert, for the purpose of securing its saftey, four stout pieces of plank, each of which shall be at least ten feet in length, one foot in width, and two inches in thickness, two of the pieces of plank to be always under the wheels of the traction or portable engine while it shall be crossing the bridge or culvert. SEC. 359. The penalty for the violation of any of the provisions of Penalty. the three preceding sections shall be a fine of not less than one dollar nor more than fifty dollars for each offense, and in addition to such fine any person causing damage to the bridge or culvert shall be liable for all damages which may result from the crossing of such traction or portable engine. Insurance com tificate. SEC. 360. No company, corporation, or association, or firm or indipanies to file cer- vidual shall be permitted to transact a life, fire, or marine insurance business in the district until he or it has filed in the office of the secretary of the district a certificate by the secretary of state or other proper officer of some State of the United States, setting forth that the said company, corporation, association, firm, or individual has been qualified to carry on the business of insurance in such State in accordance with the laws thereof. ess Service of proc- SEC. 361. No insurance company, corporation, association, firm or on insurance individual shall be permitted to transact a life, fire, or marine insurance companies. business in the district until it shall have tiled with the clerk of each division of the district court a power of attorney which shall set forth that such company is a corporation or duly organized insurer (naming the principal place of business of the company and principal place of business for the Pacific coast), which power of attorney shall authorize a citizen and resident of the district to receive and accept service in any proceeding in a court of justice of the district. If any attorney of any insurance company appointed under the provisions of this section shall remove from the district or become disqualified in any manner from accepting service, and if any citizen or resident of the district shall have any claim by virtue of any insurance policy issued by any such company not represented by attorney in the district, valid service may be made on such company by service on the clerk of the district court or any division thereof: Provided, In such case the clerk of the district court shall immediately notify such company and the principal agent for the Pacific coast, inclosing a copy of the service by mail, postpaid: And provided further, In such case no proceedings shall be had within sixty days after such service on the clerk. Fraternal and ties. SEC. 362. All orders or secret societies, such as Masons, Odd Felbeneficial socie- lows, Druids, Knights of Pythias, Ancient Order of United Workmen, Modern Woodmen of America and other benevolent, fraternal, or cooperative societies associated or incorporated for the sole purpose of mutual protection and relief of its members only, and for the payment of stipulated sums of money to the families of deceased members, or for property of its members only destroyed by fire, are hereby declared not to be fire or insurance companies in the sense and meaning of this chapter, and they are exempt from the provisions hereof. SEC. 363. The provisions of this chapter, under either term or desprovisions apply. ignation of company, corporation, association, firm, or individual in either case, where either term or designation is used, shall apply to any insurer, company, corporation, association, firm, or individual engaged as insurers or who may hereafter engage as insurers in the district, or who may engage in offering or affording indemnity against the casualties of fire or life. To whom above Penalty for violations. SEC. 364. Any officer, agent, or employee of any insurance company or other person violating any of the provisions of this chapter shall be fined not less than one hundred nor more than five hundred dollars, and in default of payment of such fine shall be imprisoned not less than ten days nor more than six months. SEC. 365. The secretary of the district shall collect from each company or person for the service provided in this chapter the following fees: For filing certificate of qualification, five dollars; for filing power of attorney, five dollars; and the secretary shall account for the same in the manner provided by law in the case of other fees collected or received by them. SEC. 366. Every officer in the district for whom a special oath is not provided by law shall, before entering upon the duties of his office, take and subscribe to the following oath: I. do solemnly swear (or affirm) that I will defend and support the Constitution of the United States, and perform all the duties of the office on which I am about to enter, and therein do equal right and justice to all men, so help me God. any law SEC. 367. So much of the common law as is applicable and not inconsistent with the Constitution of the United States or with passed or to be passed by the Congress is adopted and declared to be Jaw within the district of Alaska. Fees for filing. Form of oath. Common law made applicable. SEC. 368. That in the interpretation of this Act words of the singular Conflicting acts number shall be deemed to include their plurals, and that words of the repealed. masculine gender shall be deemed to include the feminine, as the case may be. Whenever a section of this Act refers to another section, a section of the same title is intended, unless the contrary clearly appears. No person shall be deprived of any existing legal right or remedy by reason of the passage of this Act, and all civil actions or proceedings commenced in the courts of the district before or within sixty days after the approval of this Act may be prosecuted to final judgment under the law now in force in the district, or under this Act. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. [June 6, 1900.] CHAP. 789.-An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. * * [Par. 1.] (1) For auditor's office: * * June 6, 1900. 31 Stat. L., 554. District of Co Be it enacted, &c., deputy disbursing officer, who shall hereafter, in the absence of the lumbia. disbursing officer, be authorized to transact all duties pertaining to said Deputy disbursdisbursing officer, and who shall be required to give bond to the said dis- ing officer. bursing officer in the sum of twenty-five thousand dollars, conditioned on the faithful performance of the duties of his office, but said disbursing officer to be responsible to the United States, District of Columbia, and the people whom he pays, as now required by law, one thousand five hundred dollars; * * Notice of arrears [Par. 2.] (2) For advertising notice of taxes in arrears July first, nineteen hundred, as required to be given by Act of March nineteenth, of taxes. eighteen hundred and ninety, three thousand dollars, to be reimbursed by a charge of fifty cents for each lot or piece of property advertised: Provided, That in lieu of the notice now required to be given by the by newspaper Commissioners of the District of Columbia of the pamphlet containing advertisement. the list of taxes in arrears, the said Commissioners shall give notice, by advertising twice a week, for three successive weeks, beginning on the third Monday in March of each year hereafter, in the regular issue of twc or more daily newspapers published in said District, that the said pamphlet has been printed and that a copy thereof will be delivered to NOTES. (1) The disbursing officer in the Auditor's Office is provided for by 1898, June 30, ch. 540, par. 1 (2 Supp. R. S., 841), see notes (1, 2) thereto. See also the provisions of 1892, July 14, ch. 171, par. 1 (2 Supp. R. S., 35), as to the disbursing clerk. (2) The act here referred to is that of 1890, Mar. 19, ch. 40 (1 Supp. R. S., 709). Amendments thereto are contained in 1898, Feb. 28, ch. 32 (2 Supp. R. S., 730). * any taxpayer applying therefor at the office of the collector of taxes of said District; and all Acts or parts of Acts inconsistent herewith are hereby repealed. * Improvements [Par. 3.] Improvements and repairs. For work on streets and avenues and repairs. named in Appendix X, Book of Estimates, nineteen hundred and one, one hundred and sixty thousand dollars, to be expended in the discretion Streets and ave- of the Commissioners upon streets and avenues specified in the schedules named in said appendix and in the aggregate for each schedule as stated herein, namely: nues. Allotment. Order of preced ence. Limit for conpavements. Georgetown schedule: Ten thousand and eighty dollars. Northwest section schedule: Forty-nine thousand one hundred and twenty dollars. Southwest section schedule: Twenty thousand dollars. Southeast section schedule: Thirty-nine thousand and forty dollars. Northeast section schedule: Forty-one thousand seven hundred and sixty dollars. Provided, That the streets and avenues shall be contracted for in the order in which they appear in said schedules, and be completed in such order as nearly as practicable, and shall be paved, in the discretion of the Commissioners, instead of being graded and regulated. Under appropriations contained in this Act no contract shall be tracts for asphalt made for making or relaying asphalt pavement at a higher price than one dollar and eighty cents per square yard for a quality equal to the best laid in the District of Columbia prior to July first, eighteen hunincrease for dred and eighty-six, and with same depth of base: Provided, That these conditions as to price and depth of base shall not apply to those streets on which, in the judgment of the Commissioners, by reason of heavy traffic, poor foundation, or other causes, a pavement of more than ordinary strength is required, in which case the limit of price may be increased to two dollars per square yard. certain streets. Balance for part available. (3) And hereafter, when as many streets and entire blocks of streets of street to remain in any section have been paved as the amount allotted to that section will permit, and there still remains a balance insufficient to pave an entire block of the street provided for pavement upon the schedule, such balance shall remain available and be added to the allotment for that section for the next succeeding year. District quarry. ting. Sprinkling and * [Par. 4.] The Commissioners of the District of Columbia are hereby authorized to invite bids and make contract for operating the District quarry for such term of years, not exceeding five, as may be determined by them to be most advantageous to the District. Sprinkling, sweeping, and cleaning: For sprinkling, sweeping, and sweeping streets. cleaning streets, avenues, alleys, and suburban streets, including necessary incidental expenses, one hundred and fifty-five thousand dollars: Bids to Le for work. (4) Provided, That the Commissioners of the District shall make machine or hand specifications for the manner of sweeping and cleaning the streets by machinery and by hand labor, and shall advertise to let the work to the lowest responsible bidder, according to such specifications, and if the same, or any part thereof, can not be procured to be done at a price not exceeding twenty cents for hand work and twenty cents for machine Work may be work per thousand square yards, then they may do said work under done by Commis- their immediate direction, but the same shall be done according to the said specifications: sioners. Price of labor. Provided further, That the specifications for bids shall provide that the payment for labor in the execution of said contract shall not be less NOTES. (3) Only the concluding portion of this paragraph, beginning with the words "And hereafter," seems to be in the nature of permanent legislation. The preceding portion has been retained as essential to its proper understanding. (4) See the provisions of 1884, July 5, ch. 227, par. 3 (1 Supp. R. S., 464), authorizing contracts for cleaning streets and alleys to be made for periods not exceeding five years. |