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shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, and by removal from office; and, in addition thereto, the court shall, in its discretion, have the power to punish by imprisonment of not more than six months. (18 Stat. 177.)

This section was a part of the Indian Department appropriation act for the fiscal year 1875, cited above.

§ 6894. (R. S. § 3743, as amended, Act Feb. 27, 1877, c. 69, § 1, and Act July 31, 1894, c. 174, § 18.) Deposit of contracts.

All contracts to be made, by virtue of any law, and requiring the advance of money, or in any manner connected with the settlement of public accounts, shall be deposited promptly in the offices of the Auditors of the Treasury, according to the nature of the contracts: Provided, That this section shall not apply to the existing laws in regard to the contingent funds of Congress.

Act July 16, 1798, c. 85, § 6, 1 Stat. 610. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 249. Act July 31, 1894, c. 174, § 18, 28 Stat. 210.

This section, as enacted in the Revised Statutes, was as follows: "All contracts to be made, by virtue of any law, and requiring the advance of money, or in any manner connected with the settlement of public accounts, shall be deposited in the office of the First Comptroller of the Treasury of the United States, within ninety days after their respective dates." It was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by inserting after the words "in the office of the First Comptroller of the Treasury of the United States" the words "the Second Comptroller of the Treasury of the United States, or the Commissioner of Customs, respectively, according to the nature thereof." It was again amended by the Dockery Act of July 31, 1894, c. 174, § 18, also cited above, to read as set forth here.

The laws in regard to the contingent funds of Congress, mentioned in this section, are contained in Title II, "The Congress,' c. 5.

Copies of all contracts made by the Commissioner of Indian Affairs, or any other officer of the Government, for the Indian Service, were to be furnished the Second Auditor of the Treasury before payments could be made thereon, by Act March 3, 1875, c. 132, § 7, ante, § 4043.

§ 6895. (R. S. § 3744.) Contracts to be in writing.

It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior, to cause and require every contract made by them severally on behalf of the Government, or by their officers under them appointed to make such contracts, to be reduced to writing, and signed by the contracting parties with their names at the end thereof; a copy of which shall be filed by the officer making and signing the contract in the Returns Office of the Department of the Interior, as soon after the contract is made as possible, and within thirty days, together with all bids, offers, and proposals to him made by persons to obtain the same, and with a copy of any advertisement he may have published inviting bids, offers, or proposals for the same. All the copies and papers in relation to each contract shall be attached together by a ribbon and seal, and marked by numbers in regular order, according to the number of papers composing the whole return.

Act June 2, 1862, c. 93, § 1, 12 Stat. 411.

Provisions relating to the Returns Office and the filing therein of returns of contracts are contained in Title XI, "The Department of the Interior," c. 8. The requirements of this section were not to apply to leases, etc., for not

exceeding three months, in connection with river and harbor improvements, by Act June 25, 1910, c. 382, § 5, post, § 6896.

§ 6896. (Act June 25, 1910, c. 382, § 5.) Requirements as to contracts in writing, etc., not to apply to leases, hire of vessels, etc., for not exceeding three months, in connection with river and harbor improvements.

The requirements of section thirty-seven hundred and forty-four of the Revised Statutes shall not apply to the lease of lands, or easements therein, or of buildings, rooms, wharves, or rights of wharfage or dockage, or to the hire of vessels, boats, and other floating craft, for use in connection with river and harbor improvements, where the period of any such lease or hire is not to exceed three months. (36 Stat. 676.)

This section was part of the river and harbor appropriation act of 1910, cited above.

R. S. § 3744, mentioned in this section, is set forth ante, § 6895.

§ 6897. (R. S. § 3745.) Oath to contract.

It shall be the further duty of the officer, before making his return, according to the preceding section, to affix to the same his affidavit in the following form, sworn to before some magistrate having authority to administer oaths: "I do solemnly swear (or affirm) that the copy of contract hereto annexed is an exact copy of a contract made by me personally with; that I made the same fairly without any benefit or advantage to myself, or allowing any such benefit or advantage corruptly to the said

or any other person; and that the papers accompanying include all those relating to the said contract, as required by the statute in such case made and provided."

Act June 2, 1862, c. 93, § 2, 12 Stat. 412.

§ 6898. (R. S. § 3746.) Penalty for omitting returns.

Every officer who makes any contract, and fails or neglects to make return of the same, according to the provisions of the two preceding sections, unless from unavoidable accident or causes not within his control, shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than five hundred, and imprisoned not more than six months.

Act June 2, 1862, c. 93, § 3, 12 Stat. 412.

The two preceding sections, mentioned in this section, were R. S. §§ 3744, 3745, ante, §§ 6895, 6897.

§ 6899. (R. S. § 3747.) Instructions.

It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior to furnish every officer appointed by them with authority to make contracts on behalf of the Government with a printed letter of instructions, setting forth the duties of such officer, under the two preceding sections, and also to furnish therewith forms, printed in blank, of contracts to be made, and the affidavit of returns required to be affixed thereto, so that all the instruments may be as nearly uniform as possible.

Act June 2, 1862, c. 93, § 5, 12 Stat. 412.
COMP.ST.'13-194

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TITLE XLIII A

PUBLIC BUILDINGS AND WORKS

This Title, inserted here as additional to the original titles of the Revised Statutes, contains sections 255, 355, and 3734 of the Revised Statutes, and subsequent provisions of a general and permanent nature relating to the acquisition of sites for public buildings and other public works, their construction and equipment, the renting of buildings for public purposes, and the control and maintenance of such buildings and works.

Sec.

6900. Selection of sites for public

buildings.

6901. Acquisition of building sites by purchase or condemnation. 6902. Title to land to be purchased by the United States.

6903. Erection of forts, etc., in cases of emergency. 6904. Legal services to be rendered by

district attorneys; abstracts of title to be furnished by grantors. 6905. Restrictions on commencement of

new buildings; payments or contracts for sites; sketch plans to be approved before expenditure; subsequent changes; limit of cost.

6906. Acts authorizing purchase of sites not to be construed to appropriate money.

6907. Commissions on purchases of sites, etc., not allowed; of payment for sites.

mode

6908. Alterations, etc., upon Treasury Building not to be done, except upon authorization and specific appropriation.

6909. Condemnation of building sites; jurisdiction of courts.

6910. Procedure.

-6911. Condemnation of sites, etc., for fortifications and coast defenses; purchases and donations; limitation of expenditure.

6912. Sites for fortifications to include⚫ land for barracks and quarters for artillery troops required in connection therewith.

6913. Acquisition of site for Government Printing Office; board to acquire land.

6914. Purchase, how made; procedure; application of act to acquisi

Sec.

tion of other lands for public uses in District of Columbia. 6915. Plans, etc., for buildings under Executive Departments, etc.; preparation in office of Supervising Architect; reimbursement for cost of work. 6916. Plans, etc., for public buildings; expense of preparation, how paid. 6917. Plans not to be approved until selection of site; expenditures not to exceed appropriations. 6918. Restriction upon future authorizations for the construction of post office buildings. 6919. Contracts for heating apparatus. 6920. Payment for electric wiring from construction fund.

6921. Payment for engineering and electric light plants from construction fund.

6922. Contracts for public buildings or works; stipulation for damages for delay; remission of damages; stipulation conclusive in suits on contracts or bonds.

6923. Bonds of contractors for public buildings or works; rights of persons furnishing labor and materials; remedies on bonds, and proceedings in actions thereon.

6924. Compensation of employés from appropriations for public buildings.

6925. Restriction on employment of persons for supervision and

care of buildings.

6926. Appointment of disbursing

agents.

6927. Appropriations for construction of public buildings; disburse

Sec.

ment by Treasury Depart-
ment, and in exceptional cases,
by collectors of customs; com-
pensation for disbursements al-
lowed only to disbursing agents
who have given bonds.

6928. Secretary of Treasury may rent
buildings on lands acquired for
building sites.

6929. Use of Government wharf at Sitka, Alaska, by private vessels or persons; rates of dockage and wharfage; disposition of receipts.

6930. Contracts for rent of buildings in District of Columbia not to be made until appropriation therefor.

6931. Rent of buildings in District of Columbia, instead of others rented.

6932. Lease of storage accommodations by heads of executive departments.

6933. Rent of building for the Navy Department.

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§ 6900. (Act June 23, 1874, c. 476, § 2.) buildings.

Selection of sites for public.

In the selection of a site for any public building not yet commenced, reference shall be had to the interest and convenience of the public, as well as to the best interests of the Government; and the Secretary of the Treasury shall have power, and it shall be his duty, to set aside any selection which in his opinion has not been made solely with reference thereto. No expenditure shall be made upon. any building, a site for which has been selected, and work upon which has not been commenced, until such of the persons who acted. as commissioners in selecting such site shall make and file with the Secretary of the Treasury an oath or affirmation that he is not at the time of making the affidavit, and was not at the date of making the selection of such site, directly or indirectly interested in the property selected for the same, and a similar affidavit shall be made and filed by each and every person hereafter appointed as such commissioner, before any site shall be finally adopted. In either case a failure on the part of any commissioner to make and file such an affidavit shall. render the selection void. (18 Stat. 276.)

Section 1 of this act authorized the suspension of work on public buildings not actually commenced, and provided that moneys appropriated for their construction should remain available until the completion of the work, when the balance should be covered into the Treasury. The proviso is set forth ante, 6791.

Other provisions relating to sites or rights of way for public buildings or works of Act Aug. 7, 1882, c. 433, § 1, Act March 3, 1883, c. 143, Act Aug. 1, 1888, c. 728, Act March 2, 1889, c. 411, § 1, Act Aug. 18, 1890, c. 797, § 1, Act Aug. 30, 1890, c. 837, §§ 2, 3, Res. April 11, 1898, No. 21, are set forth post, §§ 6901, 6903, 6906, 6908-6914. See, also, notes to Act Aug. 1, 1888, c. 728, post, §§ 6909, 6910.

§ 6901. (Act March 3, 1883, c. 143.) Acquisition of building sites by purchase or condemnation.

The Secretary of the Treasury is authorized to acquire, by private purchase or by condemnation, the necessary lands for public buildings and lighthouses to be constructed, and for which money. is appropriated, including all public building sites authorized to be acquired under any of the acts of the first session of the Fortyseventh Congress; and there may be expended by the Secretary of the Treasury, from the several amounts appropriated for the construction of public buildings, the expenses incident to the procuring of sites for said buildings, respectively. (22 Stat. 605.)

This was a provision of the sundry civil appropriation act for the fiscal year 1884, cited above.

As construed by the Attorney-General, the authority conferred on the Secretary of the Treasury by this provision extended no further than to the acquisition of "lands for public buildings and lighthouses," for which money was appropriated by other provisions of the act, and sites authorized to be acquired by acts of the previous session. Under this construction, this provision was merely temporary. In such case Act Aug. 1, 1888, c. 728, post, §§ 6909, 6910, provided a method for acquiring sites for public buildings or other public uses.

Provisions for the purchase or erection, within certain limits of cost, of embassy, legation and consular buildings, were made by Act Feb. 17, 1911, c. 105, ante, § 3209.

The renting of buildings, not reserved by the vendors, on lands acquired for building sites, etc., was authorized by a provision of Act March 4, 1909, c. 299, § 1, post, § 6928.

Provisions relating to the purchase of sites for buildings and additions to buildings authorized by the public buildings act of 1913, were made by sections 33-35 thereof, Act March 4, 1913, c. 147, 37 Stat. 890.

§ 6902. (R. S. § 355.) Title to land to be purchased by the United States.

No public money shall be expended upon any site or land purchased by the United States for the purposes of erecting thereon any armory, arsenal, fort, fortification, navy-yard, custom-house, light-house, or other public building, of any kind whatever, until the written opinion of the Attorney-General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. The district attorneys of the United States, upon the application of the Attorney-General, shall furnish any assistance or information in their power in relation to the titles of the public property lying within their respective districts. And the Secretaries of the Departments, upon the application of the Attorney-General, shall procure any additional evidence of title which he may deem necessary, and which may not be in the possession of the officers of the Government, and the expense of procuring it shall be paid out of the appropriations made for the contingencies of the Departments respectively.

Res. Sept. 11, 1841, No. 6, 5 Stat. 468.

All legal services connected with the procurement of titles to sites for public buildings, other than life-saving stations and pier headlights, were to be rendered by United States district attorneys, and the Attorney-General was directed to require from the grantors of sites for public buildings that they

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