Page images
PDF
EPUB

office free.

And the Chief Clerks of the several Executive Depart-Chief Clerks of ments and of the various bureaus and offices thereof in bureaus to adDepartments and Washington, District of Columbia, are hereby authorized minister oath of and directed, on application and without compensation therefor, to administer oaths of office to employees required to be taken on their appointment or promotion.

SEC. 2. [Superseded by 1891, March 3, ch. 548, § 1.]

oath.

SEC. 1759. The oath of office taken by any person pur- Custody of suant to, the requirements of section seventeen hundred July 2, 1862, ch. and fifty-six, or of section seventeen hundred and fifty. 128, v. 12, p. 502. seven, shall be delivered in by him to be preserved among the files of the House of Congress, Department, or court to which the office in respect to which the oath is made may appertain.

ments.

v. 9, p. 458; July

SEC. 1778. In all cases in which, under the laws of the Taking oaths ог acknowledg United States, oaths or acknowledgments may now be taken or made before any justice of the peace of any State Sept. 16, 1850, or Territory, or in the District of Columbia, they may here- 29, 1854, s. 1, v. 10, after be also taken or made by or before any notary public P. 315. duly appointed in any State, District, or Territory, or any of the commissioners of the circuit courts, and, when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace.

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

SEC. 161. The head of each Department is authorized to Title 4. prescribe regulations, not inconsistent with law, for the Departmental government of his Department, the conduct of its officers regulations. and clerks, the distribution and performance of its business, 1. p. 28; Sept. 15, and the custody, use, and preservation of the records, 1789, v. 1. p. 68; papers, and property appertaining to it.

July 27, 1789, v.

Aug.7, 1849, p. 49; Sept. 2, 1789, v. 1, p.65; June 8, 1872, v. 17, p, 283; Apr. 30, 1798, v. 1, p. 553; June 22,1870, 8.8, v. 16, p. 163; Mar. 3, 1849, v. 9, p. 395.

Mar. 3, 1883, chap. 128. 20 A. G. Op., p.

SEC. 4. That hereafter it shall be the duty of the heads Mar. 3, 1883. of the several Executive Departments, in the interest of the Hours of labor public service, to require of all clerks and other employés, of employees in of whatever grade or class, in their respective Departments Departments. not less than seven hours of labor each day, except Sundays and days declared public holidays by law, or executive order: Provided, That the heads of the Departments 303. may by special order, stating the reason, further extend or limit the hours of service of any clerk or employé in their Departments respectively, but in case of an extension it shall be without additional compensation, and all absence from the Departments on the part of said clerks or other employés, in excess of such leave of absence as may be

1893-1895.

granted by the heads thereof, which shall not exceed thirty days in any one year, except in case of sickness, shall be without pay.

SEC. 5. That all acts or parts of acts inconsistent or in conflict with the provisions of this act are hereby repealed. Mar. 3, 1893, That on and after July first, eighteen hundred and sec. 5, Supp. R. S. ninety-three, it shall be the duty of the heads of the sevSeven hours of eral Executive Departments, in the interest of the public clerks in Depart service, to require of all clerks and other employés of whatever grade or class, in their respective departments, not less than seven hours of labor each day, except Sundays and days declared public holidays by law or executive order:

labor required of

ments.

20 A. G. Op., P. 607.

Mar. 3, 1883, ch.

R. S., 409).

Provided, That the heads of the Department may by 128.sec.4 (Supp. special order, stating the reason, further extend or limit the May be hours of service of any clerk or employé in their Departtended or limments, respectively; but in case of an extension it shall be ited. without additional compensation:

ex

Annual and sick leave with pay.

Extension

And provided further, That the head of any Department may grant thirty days annual and thirty days sick leave with pay in any one year, to each clerk or employé, the sick leave to be allowed in cases of personal illness only, or where some member of the immediate family is afflicted with a contagious disease, and requires the care and attendance of such employé, or where his or her presence in the Department would jeopardize the health of fellow clerks: of And be it further provided, That in exceptional and meritorious cases, where to limit such sick leave would work peculiar hardship, it may be extended, in the discretion of the head of the Department, with pay not exceeding sixty days in any one case or in any one calendar year.

sick leave; limit.

Pay to stop at expiration of granted leave.

Repeal.

June 28, 1870.

This section shall not be construed to mean that so long as a clerk or employé is borne upon the rolls of the Department in excess of the time herein provided for or granted, that he or she shall be entitled to pay during the period of such excessive absence, but that the pay shall stop upon the expiration of the granted leave.

SEC. 6. That all acts or parts of acts inconsistent or in conflict with the provisions of this act are hereby repealed. The following days, to wit: The first day of January, Holidays in the commonly called New Year's day, the twenty-second day of District of Co- February, the fourth day of July, the twenty-fifth day of June 28, 1870, v. December, commonly called Christmas day, and any day 18-p. 163. Jan appointed or recommended by the President of the United States as a day of public fast or thanksgiving, shall be

lumbia.

1879, v. 20, p. 277. See note 1.

Note 1.-The Revised Statutes of the District of Columbia, here referred to, provide as follows:

SEC. 993. The following days, namely: The first day of January, commonly called New Year's day; the fourth day of July; the twenty-fifth day of December, commonly called Christmas day; and any day appointed or recommended by the President of the United States as a day of public fast or thanksgiving, shall be holidays within the District, and shall for all purposes of presenting for payment or acceptance, for the maturity and protest, and giving notice of the dishonor of bills of exchange, bankchecks, and promissory notes, or other negotiable or commercial paper, be treated and considered as is the first day of the week, commonly called Sunday.

And all notes, drafts, checks, or other commercial or negotiable paper falling due or maturing on either of said holidays shall be deemed as having matured on the day previous.

Other acts make holidays, of Inauguration day, 1888, June 18, ch. 391, post, p. 592; Decoration day, 1888, August 1, ch. 723, post, p. 600; and Monday, when either falls on Sunday, 1881, Dec. 21, ch. 2, post, p. 331, and give per diem pay to employees, 1885, Jan. 6, Res. No. 5, post, p. 486, and 1887, Feb. 23, Res. No. 6, post, p. 574.

holidays within the District of Columbia, and shall, for all purposes of presenting for payment or acceptance for the maturity and protest, and giving notice of the dishonor of bills of exchange, bank checks, and promissory notes or other negotiable or commercial paper, be treated and considered as is the first day of the week, commonly called Sunday, and all notes, drafts, checks, or other commercial or negotiable paper falling due or maturing on either of said holidays shall be deemed as having matured on the day previous.

See note 1, p.

190.

Jan. 31, 1879. 20 Stat. L., 277. District of CoHolidays sin lumbia: 22d of Febru

That section nine hundred and ninety-three of the Revised Statutes of the United States relating to the Dis. trict of Columbia be, and the same hereby is, amended by adding to the days therein declared to be holidays within the District the twenty-second day of February; and such day shall be a holiday for all the purposes mentioned in said section: Provided, That this act shall not apply to the Fourth of July. twenty-second day of February, eighteen hundred and seventy-nine.

ary.

New Year's day.

Christmas.
Fast day.

Thanksgiving.

Presidential

Inauguration

day.

Decoration

[blocks in formation]

District of Co

on Sunday.

Jan.

31, 1879,

That whenever any day set apart as a legal holiday within Dec. 20, 1881. the District of Columbia shall fall on the first day of the 22 Stat. L., 1. week, commonly called Sunday, then and in such event, Legal holidays, the day next succeeding shall be a holiday within the Dis- lumbia, falling trict of Columbia, and shall for all purposes of presenting R. S. of D. C., for payment or acceptance, for the maturity and protest and giving notice of the dishonor of bills of exchange, ch, 38, and note. bank-checks, and promissory notes or other negotiable or commercial paper, be treated and considered as is the first day of the week, commonly called Sunday, and all notes, drafts, checks, or other commercial or negotiable paper falling due or maturing on such holiday shall be deemed as having matured on the Saturday previous.

ployees of the

receive pay for

ch. 38; June 30,

That the employees of the Navy Yard, Government Print- Jan. 6, 1885. ing Office, Bureau of Printing and Engraving, and all other 23 Stat. L., 516. per diem employees of the Government on duty at Wash-Per diem emington, or elsewhere in the United States, shall be allowed Government to the following holidays, to wit: The first day of January, the certain holidays. twenty-second day of February, the fourth day of July, the Jan. 31, 1879, twenty-fifth day of December, and such days as may be 1886, ch. 572; designated by the President as days for national thanks. Aug. 1, 1888, ch. giving, and shall receive the same pay as on other days. That all per diem employees of the Government, on duty at Washington or elsewhere in the United States, shall be allowed the day of each year, which is celebrated as "Memorial" or "Decoration Day" and the fourth of July of each year, as holiday, and shall receive the same pay as on other days.

That the thirtieth day of May in each year, usually called "Decoration Day," shall be, and hereby is, made a holiday

722.

Feb. 23, 1887. 24 Stat. L., 644.

Per diem employees to be paid

for Decoration

Day and 4th of
July.

Jan. 31, 1879, ch. 38.

Aug. 1, 1888. 25 Stat. L., 353.

Day a holiday in

Decoration within the District of Columbia as fully in all respects as District of Co- are the days mentioned as holidays in section nine hundred and ninety-three of the Revised Statutes of the District of Columbia.

lumbia.

June 28, 1894.

That the first Monday of September in each year, being 28 Stat. L., 96. the day celebrated and known as Labor's Holiday, is hereby Labor Day a made a legal public holiday, to all intents and purposes, in public holiday. R. S., D. C., § the same manner as Christmas, the first day of January, the twenty-second day of February, the thirtieth day of May, and the fourth day of July are now made by law public holidays.

993.

Title 4.

supervise subor

SEC. 173. Each chief clerk in the several Departments, Chief clerks to and Bureaus, and other offices connected with the Departdinate clerks ments, shall supervise, under the direction of his immediAug. 26, 1842, s. ate superior, the duties of the other clerks therein, and see that they are faithfully performed.

13, p. 525.

Chief clerks to distribute duties,

etc.

Idem.

Duty of chief

port. Idem.

SEC. 174. Each chief clerk shall take care, from time to time, that the duties of the other clerks are distributed with equality and uniformity, according to the nature of the case. He shall revise such distribution from time to time, for the purpose of correcting any tendency to undue accumulation or reduction of duties, whether arising from individual negligence or incapacity, or from increase or diminution of particular kinds of business. And he shall report monthly to his superior officer any existing defect that he may be aware of in the arrangement or dispatch of business.

SEC. 175. Each head of a Department, chief of a Bureau, on receipt of re- or other superior officer, shall, upon receiving each monthly report of his chief clerk, rendered pursuant to the preceding section, examine the facts stated therein, and take such measures, in the exercise of the powers conferred upon him by law, as may be necessary and proper to amend any existing defects in the arrangement or dispatch of business disclosed by such report.

Disbursing

clerks.

Mar. 3, 1855, s. 4,

p. 485.

for

SEC. 176. The disbursing clerks authorized by law in the Mar. 3, 1853, s. Several Departments shall be appointed by the heads of 3. v. 10, p. 209-211; the respective Departments, from clerks of the fourth class; v. 10, p. 669; Mar. and shall each give a bond to the United States for the 3, 1873, s. 1, v. 17, faithful discharge of the duties of his office according to See act Mar. 3, law in such amount as shall be directed by the Secretary 1883, providing of the Treasury, and with sureties to the satisfaction of a superintendent of State, the Solicitor of the Treasury; and shall from time to time War, and Navy Department renew, strengthen, and increase his official bond, as the building, under Secretary of the Treasury may direct. Each disbursing "Navy Departclerk, except the disbursing clerk of the Treasury Department, must, when directed so to do by the head of the Department, superintend the building occupied by his Department. Each disbursing clerk is entitled to receive, in compensation for his services in disbursing, such sum in addition to his salary as a clerk of the fourth class as shall make his whole annual compensation two thousand dollars a year.

ment.

of

SEC. 194. The head of each Department shall make an Report clerks employed. annual report to Congress of the names of the clerks and Aug. 26, 1842 other persons that have been employed in his Department s. 11, v. 5, p. 525. and the offices thereof; stating the time that each clerk or other person was actually employed, and the sums paid to each; also, whether they have been usefully employed; whether the services of any of them can be dispensed with without detriment to the public service, and whether the removal of any individuals, and the appointment of others in their stead, is required for the better dispatch of business.

Congress.

SEC. 195. Except where a different time is expressly Time of subprescribed by law, the various annual reports required to reports. mitting annual be submitted to Congress by the heads of Departments Various acts of shall be made at the commencement of each regular session and shall embrace the transactions of the preceding year.

Biennial lists of employees to rior Department.

Mar. 3, 1851, s. 1,

SEC. 198. The head of each Department shall, as soon as practicable after the first day in July in each year in be filed in Inte which a new Congress is to assemble, cause to be filed in Apr. 27, 1816, s. the Department of the Interior a full and complete list of 1, v. 3, p. 342; all officers, agents, clerks, and employees employed in his v. 9, p. 600; July Department, or in any of the offices or Bureaus connected 14, 1832, v. 4. p. therewith. He shall include in such list all the statistics s. 2, v. 20, p. 13; peculiar to his Department required to enable the Secre- June 16, 1880, v. tary of the Interior to prepare the Biennial Register. See Public

[blocks in formation]

SEC. 177. In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole assistant thereof shall, unless otherwise directed by the President, as provided by section one hundred and seventynine, perform the duties of such head until a successor is appointed, or such absence or sickness shall cease.

608; Dec. 15, 1877,

21, p. 259.

Documents.

[blocks in formation]

Vacancies in subordinate of

fices.

SEC. 178. In case of the death, resignation, absence, or sickness of the chief of any Bureau, or of any officer thereof, whose appointment is not vested in the head of the Depart- Idem, 8. 2. ment, the assistant or deputy of such chief or of such officer, or if there be none, then the chief clerk of such Bureau, shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease.

Note 1.-Under sections 177 to 180, a vacancy occasioned by the death or resignation of the head of a Department, or of a chief of a bureau therein, can be filled by appointment ad interim for a period of ten days only. The power is then exhausted. (Op. XVI, 596, Devens, Dec. 31, 1880.) The ten days is to be computed from the date of the President's action. (Ibid, 457.)

376-13

« PreviousContinue »