SEC. 3738. Eight hours shall constitute a day's work for all laborers, Eight hours to workmen, and mechanics who may be employed by or on behalf of the be a day's work. Government of the United States. [See 3689, under APPROPRIATIONS.] 25 June, 1868, v. 15, p. 77. See S. C. 94, 400. Op. XII, 530; XIII, 29, 424; XIV, 37, 45, 128: XVI, 58. 1882. CONGRESSMEN AND PUBLIC OFFICERS NOT TO BE INTERESTED IN CON TRACTS. contracts. SEC. 3739. No member of or delegate to Congress shall directly or Title 43. indirectly, himself, or by any other person in trust for him, or for his Members of use or benefit, or on his account, undertake, execute, hold, or enjoy, in Congress not to whole or in part, any contract or agreement made or entered into in be interested in behalf of the United States, by any officer or person authorized to make contracts on behalf of the United States. Every person who violates this section shall be deemed guilty of a misdemeanor, and shall be fined three thousand dollars. All contracts or agreements made in violation of this section shall be void; and whenever any sum of money is advanced on the part of the United States, in consideration of any such contract or agreement, it shall be forthwith repaid; and in case of refusal or delay to repay the same, when demanded, by the proper officer of the Department under whose authority such contract or agreement shall have been made or entered into, every person so refusing or delaying, together with his surety or sureties, shall be forthwith prosecuted at law for the recovery of any such sum of money so advanced. 21 pril, 1808, s. 1, v. 2, p. 484. What interest NOTE.-There is no law preventing government officers, Executive branch, contracting with the Government in matters separate from their offices and in no way connected with the performance of their official duties, nor against their acquiring an interest in contracts after they are procured.-Op. XIV, 483. SEC. 3740. Nothing contained in the preceding section shall extend' or be construed to extend, to any contract or agreement, made or entered members of Con into, or accepted, by any incorporated company, where such contract gress may have. or agreement is made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange or other property by any member of or delegate to Congress, where the same are ready for delivery, and payment therefor is made, at the time of making or entering into the contract or agreement. SEC. 3741. In every such contract or agreement to be made or entered Stipulation that into, or accepted by or on behalf of the United States, there shall be no member of inserted an express condition that no member of or delegate to Congress Congress has an shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon. 21 April, 1808, s. 3, v. 2, p. 484. 27 Feb., 1877, v. 19, p. 249. interest. contract with a SEC. 3742. Every officer who, on behalf of the United States, directly Penalty against or indirectly makes or enters into any coutract, bargain, or agreement officer for making in writing or otherwise, other than such as are hereinbefore excepted, member of Conwith any member of or delegate to Congress, shall be deemed guilty of a misdemeanor, and shall be fined three thousand dollars. 21 April, 1808, s. 4, v. 2, p. 484. 27 Feb., 1877, v. 19, p. 249. MAKING AND DISPOSITION OF CONTRACTS. gress. Title 43. SEC. 3743. All contracts to be made, by virtue of any law, and requiring the advance of money, or in any manner connected with the settle- Deposit of conment of public accounts, shall be deposited in the office of the First tracts. Comptroller of the Treasury of the United States, the Second Comptroller of the Treasury of the United States, or the Commissioner of Customs, respectively, according to the nature thereof, within ninety days after their respective dates. 16 July, 1798, s. 6, v. 1, p. 610. 27 Feb., 1877, v. 19, p. 249. Contracts to be SEC. 3744. 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 re- in writing. quire 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 filled by the Oath to contract. Penalty for 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. [See §§ 512-515, post.] 2 June, 1862, s. 1, v. 12, p. 411. NOTES.-The requirement in section 3744, "to be reduced to writing and signed by the contracting parties," is mandatory and obligatory on contractors and officers. Oral agreement void as an executory contract.-C. C., IV, p. 75, and V, p. 65, 338. This section is not infringed by the proper officer having charge of such matter accepting delivery of supplies after the day stipulated, nor is a verbal agreement to extend the time of performance invalid.-Wallace, XIX, p. 17; C. C., IX, 54. When an "emergency" is declared, need not be in writing.-C. C., IX, 187 and 291. SEC. 3745. 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." Ibid., s. 2. SEC. 3746. Every officer who makes any contract, and fails or neglects omitting returns. 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. Instructions. Title 11, Chap. 8. Returns Office. Clerk to file returns. Index book. Copies of re tu ns. Ibid., s. 3. SEC. 3747. 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 fur nish 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. Ibid., s. 5. SEC. 512. The Secretary of the Interior shall from time to time provide a proper apartment, to be called the Returns Office, in which he shall cause to be filed the returns of contracts made by the Secretary of War, the Secretary of the Navy, and the Secretary of the Interior, and shall appoint a clerk of the first class to attend to the same. SEC. 513. The clerk of the Returns Office shall file all returns made to the Office, so that the same may be of easy access, keeping all returns made by the same officer in the same place, and numbering them in the order in which they are made. SEC. 514. The clerk of the Returns Office shall provide and keep an index-book, with the names of the contracting parties, and the number of each contract opposite to the names; and shall submit the index-book and returns to any person desiring to inspect it. SEC. 515. The clerk of the Returns Office shall furnish copies of such returns to any person paying therefor at the rate of five cents for every one hundred words, to which copies certificates shall be appended in every case by the clerk making the same, attesting their correctness, and that each copy so certified is a full and complete copy of the return. 2 June, 1862, ss. 2, 4, v. 12, p. 412. ERECTION, REPAIR, AND RENT OF BUILDINGS. SEC. 5503. Every officer of the Government who knowingly contracts Title 70, Chap. 6 for the erection, repair, or furnishing of any public building, or for any Contracting public improvement, to pay a larger amount than the specific sum ap- beyond specific propriated for such purpose, shall be punished by imprisonment not less appropriation. than six months nor more than two years, and shall pay a fine of two thonsand dollars. [See § § 3733, 3734.] 25 July, 1868, s. 3, v. 15, p. 177. 3 March, 1877. for Hereafter no contract shall be made for the rent of any building, or part of any building, to be used for the purposes of the Government in Contract the District of Columbia, until an appropriation therefor shall have been rent of buildings made in terms by Congress, and that this clause be regarded as notice in the District of Columbia. to all contractors or lessors of any such building or any part of build ing. 22 June, 1874, v. 18, p. 133. 3 March, 1877, v. 19, p. 370. Rent of build And where buildings are rented for public use in the District of 15 June, 1880. Columbia, the Executive Departments are authorized, whenever it shall be advantageous to the public interest, to rent others in their stead: ings. Provided, That no increase in the number of buildings now in use, nor in the amounts paid for rents, shall result therefrom.* 15 June, 1880, v. 21, p. 228. 5 Aug., 1882, P. E. L., 241, ch. 389. BOILER MATERIALS. Materials for That the Secretary of the Navy be, and he is hereby, authorized to 14 June, 1878. purchase, at the lowest market price, such plate iron and other material as may enter into the construction of steam boilers for the Navy with- steam boilers. out advertising for bids to furnish the same: Provided, That he shall Notice to dealcause to be sent to the principal dealers and manufacturers of iron and ers. such other materials as may be required, specifications of the quality, description, and character of such iron and materials so required: And provided further, That such plate iron and materials shall be subjected to the same tests and inspection as now provided for, and which inspection and tests shall be made publicly and in presence of such bidders or their authorized agents as may choose to attend at the making thereof. 14 June, 1878, v. 20, p. 253. Tests. That the Secretary of the Navy be, and he is hereby, directed to 3 March, 1881. cause all purchases of tobacco for the use of the Navy to be made in the city of Washington, and as follows: In the month of February or March of each year the Secretary of the Navy shall cause proposals for bids for supplying the Navy with tobacco during the next year to be advertised thirty days in one daily newspaper in each of the cities of New York, Harrisburg, Pennsylvania, Baltimore, Richmond, Raleigh, North Carolina, Saint Louis, Louisville, Nashville, Hartford, Connecticut, Detroit, Cairo, Illinois, and Chicago; said tobacco to be manufactured during the months of June, July, August, and September; the bids to be accompanied by samples of the tobacco which each bidder may propose to furnish. The lowest bid for furnishing tobacco equal to the United States Navy standard now in use shall be accepted. 3 March, 1881, v. 21, p. 509. COTTON CORDAGE. That the Secretary of the Navy be authorized and directed to introduce into the naval service rope and cordage manufactured of cotton according to the recent methods to such an extent as will furnish a fair test of the value and efficiency thereof as compared with the kinds now in use: Provided, however, That no person shall have any claim whatever against the United States or any department thereof or receive any compensation therefor. 10 June, 1880, v. 21, p. 172. The act of August 5, 1882, required the heads of the Departments to submit a statement of buildings rented, and estimates for the year ending 30 June, 1884, for rental. Tobacco, how purchased. 10 June, 1880. Cotton cordage for the Navy. 3 March, 1883. Life-saving dress. Torpedoes. LIFE-SAVING DRESS. The Secretary of the Navy is authorized and empowered, within his discretion, to constitute and introduce, as a portion of the equipment of the Navy, the life-saving dress adopted and approved by the Life Saving Service of the United States. 3 March, 1883, ch. 97, P. E. L., p. 475. [Naval appropriation act.} TORPEDOES. For the purchase and manufacture, after full investigation and test in the United States under the direction of the Secretary of the Navy, of torpedoes adapted to naval warfare, or of the right to manufacture the same and for the fixtures and machinery necessary for operating the same, one hundred thousand dollars: Provided, That no part of said money shall be expended for the purchase or manufacture of any torpedo or of the right to manufacture the same until the same shall have been approved by the Secretary of the Navy, after a favorable report to be made to him by a board of naval officers to be created by him to examine and test said torpedoes and inventions. Idem. 14 Feb., 1879. SMALL STORES FUND. From and after the first day of April, eighteen hundred and seventy-nine, the value of issues of small stores shall be credited to a fund to be Small stores designated as the "small stores fund", in the same manner as the value of the issues of clothing is now credited to the "clothing fund"; the resources of the fund to be used hereafter in the purchase of supplies of small stores for issue. fund. Title 43. Columbia. * 14 Feb., 1879, v. 20, p. 284. INSPECTION OF FUEL.-DISTRICT OF COLUMBIA. SEC. 3711. It shall not be lawful for any officer or person in the civil, military, or naval service of the United States in the District of Columbia to purchase anthracite or bituminous coal or wood for the public Inspection of fuel in District of service except on condition that the same shall, before delivery, be inspected and weighed or measured by some competent person to be appointed by the head of the Department or chief of the branch of the service for which the purchase is made. The person so appointed shall, Appointment of before entering upon the duty of inspector, weigher, and measurer, and inspectors, &c. to the satisfaction of the appointing officer, give bond, with not less than two sureties, in the penal sum of five thousand dollars, and with condition that each ton of coal weighed by him shall consist of two thousand two hundred and forty pounds, and that each cord of wood to be so measured shall be of the standard measure of one hundred and twenty-eight cubic feet. The inspector, weigher, and measurer so appointed shall be entitled to receive from the venders of fuel weighed and measured by him twenty cents for each ton of coal weighed, and nine cents for each cord of wood measured by him. Each load or parcel of wood or coal weighed and measured by him shall be accompanied by his certificate of the number of tous or pounds of coal and the number of cords. or parts of cords of wood in each load or parcel. Accounting offi 11 July, 1870, s. 1, v. 16, p. 229. SEC. 3712. The proper accounting officer of the Treasury shall be furcer to be notified. nished with a copy of the appointment of each inspector, weigher, and measurer appointed under the preceding section. No payment cate. Ibid., s. 2. SEC. 3713. It shall not be lawful for any accounting officer to pass or without certifi- allow to the credit of any disbursing officer in the District of Columbia any money paid by him for purchase of anthracite or bituminous coal or for wood, unless the voucher therefor is accompanied by a certificate of the proper inspector, weigher, and measurer that the quantity paid for has been determined by such officer. Ibid. Sec. DESERTERS AND DESERTION. 1420. Deserters not to be enlisted. 1553. Enticing persons to desert. 1624. Punishment for desertion, enlisting deserters, &c. 1996. Citizenship forfeited. SEC. 1420. No * Sec. 1997. When not to be held as a deserter. 4749. Certain soldiers and sailors not to be deemed 5455. Enticing desertion, harboring deserters. deserter from the naval or military service Title 15, Chap. 1 ̧ of the United States shall be enlisted in the naval service. 3 March, 1865, s. 18, v. 13, p. 490. Deserters not to be enlisted. SEC. 1553. Any person who shall entice or procure, or attempt to en- Title 15, Chap. 7. tice or procure, any seaman or other person in the naval service of the Enticing per United States, or who has been recruited for such service, to desert sons to desert. therefrom, or who shall in anywise aid or assist any such seaman or other person in deserting, or in attempting to desert from such service, or who shall harbor, conceal, protect, or in anywise assist any such seaman or other person who may have deserted from said service, knowing him to have deserted therefrom, or who shall refuse to give up and deliver such person on the demand of an officer authorized to receive him, shall be punished by imprisonment for not less than six months nor more than three years, and by fine of not more than two thousand dollars, to be enforced in any court of the United States having jurisdiction. 1 July, 1864, v. 13, p. 343. SEC. 1624. *Title 15, Chap.10. ART. 4. The punishment of death, or such other punishment as a Offenses pun court-martial may adjudge, may be inflicted on any person in the naval ishable by death. service who Sixth. # in time of war, deserts or entices others to desert; Desertion in time of war. in time of war, deserts or betrays his trust, or Deserting trust. entices or aids others to desert or betray their trust; ART. 8. Such punishment as a court-martial may adjudge may be inflicted on any person in the Navy in time of peace, deserts or attempts to desert, or aids and entices others to desert; Twenty-second. Or receives or entertains any deserter from any other vessel of the Navy, knowing him to be such, and does not, with all convenient speed, give notice of such deserter to the commander of the vessel to which he belongs, or to the commander-in-chief, or to the commander of the squadron. ART. 9. Any officer who absents himself from his command without leave, may, by the sentence of a court-martial, be reduced to the rating without leave. of an ordinary seaman. 16 May, 1864, s. 2, v. 13, p. 75. ART. 10. Any commissioned officer of the Navy or Marine Corps who, Desertion having tendered his resignation, quits his post or proper duties without resignation. leave, and with intent to remain permanently absent therefrom, prior to due notice of the acceptance of such resignation, shall be deemed and punished as a deserter. 5 Aug., 1861, s. 2, v. 12, p. 316. *serters. by ART. 19. Any officer who knowingly enlists into the naval service any Enlisting dedeserter from the naval or military service of the United States shall be punished as a court-martial may direct. 12 May, 1879, v. 21, p. 3. 3 March, 1865, s. 18, v. 13, p. 490. SEC. 1996. All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have 11181-3 Title 25. Rights as citizens forfeited for desertion, &o. |