that he was insane at the time of its commission, that fact shall be set forth by the jury in their verdict; and whenever a person is indicted or is charged by an information for an offense, and before trial or after a verdict of guilty, prima facie evidence is submitted to the court that the accused is then insane, the court may cause a jury to be impaneled from the jurors then in attendance on the court or, if the regular jurors have been discharged, may cause a sufficient number of jurors to be drawn to inquire into the insanity of the accused, and said inquiry shall be conducted in the presence and under the direction of the court. If the jury shall find the accused to be then insane, or if an accused person shall be acquitted by the jury solely on the ground of insanity, the court may certify the fact to the Secretary of the Interior, who may order such person to be confined in the hospital for the insane, and said person and his estate shall be charged with the expense of his support in the said hospital. The person whose sanity is in question shall be entited to his bill of exceptions and an appeal as in other cases. Approved, April 14, 1906.

[PUBLIC-No. 101.]

By the Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the owner of any real property in the District of Columbia shall fail or refuse, after the service of reasonable notice in the manner hereinafter provided, to correct any condition which exists on or has arisen from such property in violation of law or of any regulation made by authority of law, with the correction of which condition said owner is by law or by said regulation chargeable, or to show cause, sufficient in the judgment of the Commissioners of said District, why he should not be required to correct such condition, then, and in that instance, the Commissioners of the District of Columbia may, and they are hereby authorized to, cause such condition to be corrected; assess the cost of correcting such condition and all expenses incident thereto (including the cost of publication, if any, hereinafter provided for) as a tax against the property on which such condition existed or from which such condition arose, as the case may be; and carry such tax on the regular tax rolls of said District, and collect such tax in the same manner as general taxes in said District are collected: Provided, That the correction of any condition aforesaid by said Commissioners under authority of this section shall not relieve the owner of the property on which such condition existed, or from which such condition arose, from criminal prosecution and punishment for having caused or allowed such unlawful condition to arise or for having failed or refused to correct the same.

SEC. 2. That for the purpose of carrying into effect section one of this Act the Commissioners of the District of Columbia and all other persons, including contractors and employees of contractors acting under their authority or by their direction, be, and they are hereby, authorized to enter upon and into any lands and tenements in said District, during all reasonable hours, to inspect the same and to do whatever may be necessary to correct, in a good and workmanlike manner, any condition that exists on or has arisen from such lands or tenements in violation of law or of any regulation made by authority of law, with the correction of which condition the owner of said lands

or tenements is by law or such regulation chargeable. Any person who shall hinder, interfere with, or prevent any inspection or work authorized by this Act shall, upon conviction thereof, be punished by a fine not exceeding one hundred dollars or by imprisonment for a period not exceeding three months, or by both such fine and imprisonment, in the discretion of the court.

SEC. 3. That for the purposes of this Act any notice required by law or by any regulation aforesaid to be served shall be deemed to have been served (a) if delivered to the person to be notified, or if left at the usual residence or place of business of the person to be notified, with a person of suitable age and discretion then resident therein; or (b) if no such residence or place of business can be found in said District by reasonable search, if left with any person of suitable age and discretion employed therein at the office of any agent of the person to be notified, which agent has any authority or duty with reference to the land or tenement to which said notice relates; or, (c) if no such office can be found in said District by reasonable search, if forwarded by registered mail to the last known address of the person to be notified and not returned by the post-office authorities; or, (d) if no address be known or can by reasonable diligence be ascertained, or if any notice forwarded as authorized by the preceding clause of this section be returned by the post-office authorities, if published on three consecutive days in a daily newspaper published in the District of Columbia; or, (e) if by reason of an outstanding, unrecorded transfer of title the name of the owner in fact can not be ascertained beyond a reasonable doubt, if served on the owner of record in the manner hereinbefore in this section provided. Any notice required by law or by any regulation aforesaid to be served on a corporation shall for the purposes of this Act be deemed to have been served on any such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore provided for the service of notices on natural persons holding property in their own right; and, if required to be served on any foreign corporation, if served on any agent of such corporation personally, or if left with any person of suitable age and discretion residing at the usual residence or employed at the place of business of such agent in the District of Columbia. Every notice aforesaid shall be in writing or printing, or partly in writing and partly in printing; shall be addressed by name to the person to be notified; shall describe with certainty the character and location of the unlawful condition to be corrected, and shall allow a reasonable time to be specified in said notice, within which the person notified may correct such unlawful condition or show cause why he should not be required to do so.

SEC. 4. That all Acts and parts of Acts inconsistent with this Act be, and the same are hereby, repealed.

Approved, April 14, 1906.

[For appropriation, see District of Columbia Act, p. 88.]

[PUBLIC-NO. 76.]

By the Act Regulating the retent on contracts with the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on all contracts made by the District of Columbia for construction work there shall be held a retent of ten per centum of the cost of such construction work as a

guaranty fund to keep the work done under such contracts in repair, and that the terms of such contracts shall be strictly and faithfully performed. On contracts for the construction of asphalt, tar, brick, cement, or stone pavements the retent shall be held for a term of five years from the date of completion of the contract. On contracts for the construction of bridges and sewers the retent shall be held for a term of one year from the date of completion of the contract. On contracts for the construction of buildings, and other contracts for construction work, the retent shall be held until the completion of the work. All retents for one year or more shall be deposited with the Treasurer of the United States as now required by law.

SEC. 2. That this Act shall cover and comprehend all contracts for the construction of bridges and sewers as herein specified, which are now completed by the contractors according to their contracts and accepted by the Board of Commissioners of the District of Columbia. SEC. 3. That all laws or parts of laws inconsistent with the provisions hereof are hereby repealed.

Approved, March 31, 1906.

[PUBLIC-No. 77.]

By the Act To amend section two of an Act entitled "An Act to provide for the appointment of a sealer and assistant sealer of weights and measures in the District of Columbia, and for other purposes."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two of the Act approved March second, eighteen hundred and ninety-five, entitled An Act for the appointment of a sealer and assistant sealer of weights and measures in the District of Columbia, and for other purposes," be, and the same is hereby, amended so as to read as follows:

"SEC. 2. That the sealer of weights and measures shall give bond to the District of Columbia in the penalty of five thousand dollars, with two sureties or with the guaranty of a bonding company, to be approved by the Commissioners, conditioned on the faithful discharge of the duties of his office, and shall take and subscribe on oath or affirmation before the Commissioners that he will faithfully and impartially discharge the duties of his office, which bond or guaranty and oath shall be deposited with the Commissioners of the District of Columbia." Approved, March 31, 1906.

[PUBLIC-No. 78.]

By the Act To amend an Act entitled "An Act to provide for the appointment of a sealer and assistant sealer of weights and measures in the District of Columbia, and for other purposes," approved March second, eighteen hundred and ninetyfive.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twelve of the Act entitled "An Act to provide for the appointment of a sealer and assistant sealer of weights and measures in the District of Columbia, and for other purposes," approved March second, eighteen hundred and ninety-five, be, and the same is hereby, amended so as to read:

"SEC. 12. That no person shall sell, or deliver, any coal, or coke, within the limits of the District of Columbia unless at the time of the

delivery thereof to the person in charge of the wagon, cart, or other vehicle or conveyance used for and in the delivery thereof, a written or printed certificate duly signed by or for the seller, showing separately the actual weight of said coal, or coke, and the name of the purchaser thereof, and the weight of the said wagon, cart, or other vehicle or conveyance, and showing the total weight of said coal, coke, wagon, cart, other vehicle, or conveyance. And any person who shall violate or neglect or refuse to comply with the provisions of this section shall be punished by a fine of not more than forty dollars: Provided, That all prosecutions under this Act shall be brought in the police court of the District of Columbia on information filed by the corporation counsel or one of his assistants." Approved, March 31, 1906.

[PUBLIC-No. 66.]

By the Act Making it a misdemeanor in the District of Columbia to abandon or willfully neglect to provide for the support and maintenance by any person of his wife or of his or her minor children in destitute or necessitous circumstances.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person in the District of Columbia who shall, without just cause, desert or willfully neglect or refuse to provide for the support and maintenance of his wife in destitute or necessitous circumstances, or any person who shall, without just excuse, desert or willfully neglect or refuse to provide for the support and maintenance of his or her minor children under the age of sixteen years in destitute or necessitous circumstances, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars or by imprisonment in the workhouse of the District of Columbia at hard labor for not more than twelve months, or by both such fine and imprisonment; and should a fine be imposed it may be directed by the court to be paid in whole or in part to the wife or to the guardian or custodian of the minor child or children: Provided, That before the trial, with the consent of the defendant, or after conviction, instead of imposing the punishment herein before provided, or in addition thereto, the court in its discretion, having regard to the circumstances and to the financial ability or earning capacity of the defendant, shall have the power to make an order, which shall be subject to change by it from time to time as circumstances may require, directing the defendant to pay a certain sum weekly for the space of one year to the wife, or to the guardian or custodian of the minor child or children, or to an organization or individual approved by the court as trustee, and to release the defendant from custody on probation for the space of one year upon his or her entering into a recognizance, with or without sureties, in such sum as the court may direct. The condition of the recognizance shall be such that if the defendant shall make his or her personal appearance in court whenever ordered to do so within the year, and shall further comply with the terms of the order and of any subsequent modification thereof, then the recognizance shall be void,

otherwise of full force and effect.

If the court be satisfied by information and due proof, under oath, that at any time during the year the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original charge, or sentence him under the original conviction, or enforce the original sentence, as the case may be. In case of

forfeiture of a recognizance and enforcement thereof by execution, the sum recovered may, in the discretion of the court, be paid in whole or in part to the wife, or to the guardian or custodian of the minor child or children.

SEC. 2. That no other evidence shall be required to prove marriage of such husband and wife, or that such person is the lawful father or mother of such child or children, than is or shall be required to prove such facts in a civil action. In all prosecutions under this Act any existing provisions of law prohibiting the disclosure of confidential communications between husband and wife shall not apply, and both husband and wife shall be competent and compellable witnesses to testify to any and all relevant matters, including the fact of such marriage and the parentage of such child or children. Proof of the desertion of such wife, child, or children in destitute or necessitous circumstances, or of neglect to furnish such wife, child, or children necessary and proper food, clothing, or shelter is prima facie evidence that such desertion or neglect is willful.

SEC. 3. That it shall be the duty of the superintendent in charge of the workhouse of the District of Columbia in which any person is confined on account of a sentence under this law to pay, out of any funds available, over to the wife, or to the guardian or custodian of his or her minor child or children, or to an organization or individual approved by the court as trustee, at the end of each week, for the support of such wife, child, or children, a sum equal to fifty cents for each day's hard labor performed by said person so confined.

Approved, March 23, 1906.

[For appropriation, see District of Columbia Act, p. 91.]

[PUBLIC-No. 54.]

By the Act Authorizing the Commissioners of the District of Columbia to make regulations respecting the rights and privileges of the fish wharf.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioners of the District of Columbia be, and they are hereby, authorized and empowered to make such regulations as they may deem proper for the sale of the rights and privileges of the fish wharf in the District of Columbia: Provided, That no letting or sale of such rights or privileges shall be for a longer term than one year. Approved, March 19, 1906.

[PUBLIC-No. 55.]

By the Act Authorizing the Commissioners of the District of Columbia to make regulations respecting the public hay scales.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioners of the District of Columbia be, and they are hereby, authorized and empowered to make such regulations as they may deem proper for the sale of the use of the public hay scales of the District of Columbia, and to place public weighmasters in charge of such scales when deemed necessary, and to prescribe the fees to be paid by the persons using such scales to the said weighmasters for services rendered by them. Approved, March 19, 1906.