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EDITC > BY TSIOit .tS IltYNtlS. l'«Q.
VOL. SSL AO. !BS.
of
■b v e. g. ko b tmw,
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[By AiltheHty.]
LAWS OF THE UNITED STATES,
**A«SEU ST THE TWEXTY-t’OtT.TII CONGRESS,
FIRST SESSION.
[Public— No. f>.s.]
AN ACT to change the organization of
the Post Ofiice Department, and to pro
vide more effectually for the settlement
of the accounts thereof.
Be it enacted by the Senate and House of
Representatives, of the United States of
America in Congress assembled, That the
revenues arising in the Post Ofiice De
partment, and all debts due to the same,
shall, when collected, be paid, under the 1
direction of the Postmaster General, into
the Treasury of the United states.
Sec. 2. And be il further enacted, That
the Postmaster General shall submit to Con- ■
gress at the next, and each succeeding an-!
nual session, specific estimate of the sums of
money expected to be required for the ser
vice of the Department in the subsequent \
year, commencing on the first day of July, I
under the following heads, viz: “Compen
sation of postmaster,” “Transportation of
the mails,” “ Ship, steamboat, and way
letters.” “ Wrapping paper,” “ Ofiice fur- '
niture,” “ Advertising.” “ Mail bags ”,
Blanks,” “ Mail locks, keys, and stamps,”
“ Mail depredations, and special agents,” ,
“Clerks, for offices,” and “ Miscellane-I
ous.” And the Postmaster General shall
render an account to Congress at each site
ceding annual session, of the amounts actu
ally expended for cadi of the purposes above
specified.
Sec, 3. Ami be it further enacted, That
the aggregate sum required “ for the service
of the Post Ofiice Department,” in each
year, shall be appropriated by law out of
the revenue of the Department, and that ail
payments of the receipts of the Post Ofiice i
Department into the Treasury, shall be to )
the credit of the said appropriation.
Sec. 4. And be it further enacted, That
the sums appropriated for the service afore- j
said shall be paid by the Treasurer in the
manner herein directed: Provided, That the
compensation of postmasters, the expenses
of post offices, and such other expenses of j
the Department for which appropriations
have been made, as may be incurred by
postmasters, may be deducted out of the
proceeds of their offices, under the direction
of the Postmaster General : And provide I,
also, That all charges against the Depart
ment hy postmasters, on account of such ex
jpetjses, shall be submitted for examination
and settlement, to the auditor herein provi.
,ded for.; and that no such deduction shall
tbe ( valid, unless the expenditure so deducted,
be found to have been made in conformity
jto law : Ami provided also, That the Post- 1
master General slid!! have power to transfer )
.debts due on account of the Department, (
postmasters and others, in satisfaction oil
■the legal demands for which appropriations
have been made, of such contractors who |
jnay be creditors of the Department, asshall
have given hoods, with security to refund
.any moneys that may come into tin ir hands
.over and above the amount which may be ;
found due to them on the settlement of their
.accounts.
Sec. 5. Ami be it further evaded, That
the Treasurer of the United Slates shall I
give receipts for till moneys received by :
him to the credit of the appropriation for j
the service of the Po-t Office Department ;
jyllich receipt shall be endorsed upon war
rants drawn by the Postmaster General, and
without such warrant, no acknowledgement,
for money received as aforesaid shall be va
lid.
Sec. ti. Ami be it further enacted, That |
/he appropriations for thp service of the .
Post Ofiice Department ‘hall be disbursed
py the treasurer out of the moneys paid in-I
to tlic Treasury for the service of the Post!
rf
Office Department, upon the warrants of the
I 1 os'master General, registered and coun
tersigned as herein provided, and expres
sing on their faces the appropriation to
which they should be charged.
Si’C. 7. And be it further enacted, That
the treasury shall render liis acount of
the moneys received and paid by him an ac
count ol the Post Ofiice Department, quar
terly to the Auditor lor the Post Ofiice De
partment hereinafter provided for, and shall
transmit copies of the same when adjusted
by him. to the two Houses of' Congress.
Sec. 8. Ami be it further enacted, 'That
there shall be appointed by the President,
! with theronsent of'the Senate, an Anditorof
; the Treasury for the Post Ofiice Depart
ment, whose duty it shall be to receive til!
accounts arising in the said Departments, or
relative thereto, to audit and settle the same,
and certiliy their balances to the Postmaster
General : Provided, that if either the Post
master General, or any person whose ac
count shall be settled, be dissatisfied there
with, he may, within twelve months, ap
peal to the First Comptroller of'the Treas
ury, whose decision shall be final and con
clusive. Tiie said auditor shall report to
the Postmaster General, when required, the
official forms of papers to be used by post
masters, and other officers or agents of the
Department concerned in its receipts and
payments, and the manner and form of keep
ing and slating its accounts, lie shall keep
and preserve all accounts, with the vouch
ers, after settlement. He shall promptly
report to the Postmaster General all delin
quencies of postmasters in paying over the
proceeds of their offices. lie shall close tiie
accounts of the Department quarterly and
transmit to the Secretary of tiie Treasury
quarterly statements of its receipts and ex
penditure. He shall register charge and
countersign, all warrants upon the Treas
ury for receipts and payments issued by the
Postmaster General, when warranted bylaw,
lie shall perform such other duties, in rela
tion to the financial concerns of the Depart
ment, asshail be assigned to him by the Sec
retary of the Treasury, and shall make to
them respectively, such reports as either of
them may require respecting the same.
The said auditor may frank, am- receive,
free of postage, letters and packets under
the regulations provided by law for other
officers of the Government. .And all let
ters and packets to and from the Chief En
gineer which may relate, to the business of
Lis ofiice shall be free of postage.
Sec. 9. And be it further enacted, That 1
it shall be the duty of the Postmaster Gen- j
oral to decide on the official forms of all
papers to be used by postmasters, and oth- j
er officers or agents of the Post Office De- |
partment, concerned in its receipts and. pay
men's, and the manner and form of keeping I
ami stating its accounts; to enforce the .
prompt rendition of the returns of postmas
ters, and of all certificates, ncknowledg- ,
merits, receipts, and other papers, by post- )
masters and contractors, relative to the ac- ;
counts of the Departments; to control, ac- !
cording to law, and subject to the settle
ment of the auditor, the allowances to post- i
masters, the expenses of post offices, and al!
other expenses incident to the service of the )
Department; to regulate and direct the pay- )
merit of the said allowances and expenses for
which appropriationsliave been made ;tosu- )
perintend the disposition of the proceeds of)
post offices and other moneys of the Depart
ment; to prescribe the manner in which
postmasters shall pay over their balances ;
to grant warrants for money to be paid into
the Treasury, arid out cf the same, in pur
sance of appropriations by law, to persons
to whom tiie same shall be certified to be
due by the said auditor: Provided, That
advances of necessary sums to defray ex
penses may be made by the P. General to
agents of the department employed to in
vestigate mail depredations, examine post
routes, and post offices", and perform other
like services, to be charged by the auditor
for the Post Office Department, and be ac
counted for in the settlement of their ac-
counts.
Sec. 10. And be it further enacted, That
the auditor for the Post Ofiice Department
shall state and certify, quarterly, to the
I Postmaster General, accounts of the moneys
I paid pursuant to appropriations, in each
year, by postmasters, out of the proceeds ol
their offices, towards the expenses of the
Department, under each of the heads of the
said expenses specified in the second section
of this act; upon which the Postmaster Gen
eral shall issue warrants to the Treasury of
the United States, as in case of the receipt
and payment of the Said moneys into and
out of the Treasury, in order that the same
may be carried to the credit and debt ofthe
appropriation for the service of the Post
Office Department, on the books of the au
ditor for said Department.
Sec. 11. And be it further enacted-, That
: the Postmaster General shall, within sixty
. days after the making of any contract, cause
a duplicate thereof to no lodged in the of
fice of the auditor of the Post Ofiice Depart
i ment. Upon the death resignation, or re-
■ moral of any postmaster, he shall cause bis
I bond of office to be delivered to the said au-
■ ditor and shall also cause to be promptly
certified to him till establishments and discon
tinuances of post offices, and ail appoint
ments, deaths, resignations, and removals
of postmaster.*, together with ail orders and
regulations, which may originate a claim,
or in any minnier affect the accounts ofthe
Department.
Sec. 12. And beit further enacted, That
the accounts of the Post Office Department
shall lie kept in such manner as to exhibit
the amounts of its revenues, derived res
pectively from “ letter postages,” “ news
papers and pamphlets;” and* “ fines ;” and
the amount of its expenditures for each of
the following objects, namely: “compen
sation of postmasters,” “ transportation of
the mails,” “ ship, steamboat, and way let
ters,” “wrapping paper,” “ofiice furni
ture,” “ advertising,” mail bags,” “blanks,
mail locks keys and 'tamps,” “ mail depre-
OJEOBGIA, TUJESOAW .JI L¥
i datioiis and special agents,” “clerks fur of
fices,” and “miscellaneous.”
Sec. I'.}. And be if further enacted, That
the bonds and contracts of postmasters,
mail contractms, and other agents ol the
Post Ofiice Department, shall hereafter he
made to and with the United Slates ot Amer
ica; and all suits to be commenced for the
) recovery of debts or balances due by post
masters and others, or upon bonds or con
tracts made to or with the present or tiny
■ former Postmaster General, or for any fines,
penalties, or forfeitures, imposed by the
laws respecting the Post Office Department,
\orhy the Postmaster General, pursuant
thereto, shall be instituted by the name of
j the United States of America ; and the de
mauds in such suits shall have all the privi
legesand priorities in adjudication and pay
ment¥e<*nred to other claims of the United
States, by the existing laws : Provided,
That actions and suits which may have been
instituted in the name of the Postmaster
I General, previous to the passage of this act,
shall not be affected by the provisions of
this section.
Sec. 1-1. And be it further enacted, That
the auditor of the Post Office Department
shall superintend the collection of all debts
; due to the Department shall superintend
the collection of all debts due to the Depart
! ment, and all penalties and forfeitures impo
. sed on postmasters, for failing to make re
! turns, or pay over the proceeds of their of
| tires ; lie shall direct suits and legal pro
' ecedtngs, and take all such measures as
j may be authorized bylaw, to enforce the
prompt payment of moneys due to the De
i partment.
Sec. 15. Aind be it further enacted, That
copies of the quarterly returns of postmas
ters, and of any papers pertaining to the i
accounts in tl.e oflii e of the auditor tor the
Post Ofiice Department, certified by him, I
under bis seal of office, shall be admitted ■
as evidence in the courts of the United
States ; and in every case of delinquency .
of any postmaster or contractor, in which ■
suit may be brought, the said auditor shall
forward to the attorney of the United States I
certified copies of all papers in his ofiice, I
tending to sustain the claim ; and in every :
such case, a statement of the account, certi- j
fled as aforesaid, shall be admitted as ex i- ;
der.ee, and the court try ing the cause shall j
be thereupon authorized to give judgment
and award execution, subject to the provis- I
ions of the thirty-eighth section of the act :
to reduce into one the several acts establish- |
ing and regulating the Post Office Depart
ment, approved March third,eighteen bun- ’
dred and twenty-five. No claim lor a ere- i
dit shall be allowed upon the trial but such I
as shall have been presented to the said au
ditor, and by him disallowed in whole or in
part, unless it shall be proved to the satis
faction of the court that the defendant is at
the time of the trial in possession of vouch
ers not before in his power to procure, and
that be was prevented from exhibiting to
the said auditor a claim for such credit, by
some unavoidable accident. In suits for
balances due from postmasters, interest, at
the rate of six percent, per annum, shall be
recovered from the time of the default until
paj merit.
Sec. IG. And be it further enacted, Thnt
the attorneys of the Lnited States, in the
prosecution of suits for moneys due on ac
count of the Post Office Department, shall )
obey the directions w hich may, from time to I
time, be given to them by the auditor for the 1
Post,Office Department; and it shall be i
the duty ol each of the said attorneys, im- I
mediately after the end ofevery term of any j
court in w hich any of the suits aforesaid I
shall have been pending, to forward to the
said auditor a statement of all tbejudgments,
orders, and steps which have been made or
taken in the same, during the said term, ac
companied by a certificate of the clerk,
showing the parties to, and amount of, each I
judgment, with such other information as
may be required by the said auditor. The
said attorneys shall direct speedy and effec
tual process of execution upon the said
judgments ; and it shall betlie duty' of the
marshals of the United States to whom the
same shall be directed, to make to the said
auditor, at such times as he may direct re
turns of the proceedings which liavetakenl
place upon the said process of execu-l
tion.
Sec. 17. And be it further enacted, That
in all cases w here any sum or sums of mo
ney have been paid out oftlie funds of th(?
Post Office Department to any individual
or individuals, under pretence that service
has been performed therefor when in fact
such service has not been performed, or by
way of additional allowance for increased
service actuallyrendered, w hen theaddition
al allowance exceeds the sum which, by the
provisions of law, might rightfully have
been allowed therefor, and in all other ca- I
ses where the moneys of the Department
have been paid over to any person, in con
sequence of fraudulent representations, or
by lite mistake, collusion, or misconduct ofj
any officer or clerk, of the Department, it
shall be the duty of the Postmaster Gene
ral to cause suit to be brought in the mime
of the United States of America, to recover
back tiie same, or the excess, as the case
may Ire, with interest thereon.
Sec. 18. And be it further enacted, That !
the auditor for the Post Office Department i
shall adjust ami settle all balances due from >
postmasters on account of transactions pri- !
or to the first day of July eighteen hundred i
and thirty-six. He shall when necessary!
institute suits for the same, and cause them !
to lie effectually prosecuted to judgmentand ■
execution; and in cases in which proceed-!
ings at law for these or any other balances !
that are or may become due on account of!
the Post Office Department, have been or I
I shall be fruitless, may direct the institution)
of suits in chancery, to set aside fraudulent !
conveyances or trusts, or attach debts due |
to the defendants, or obtain any other pro-1
per exercise of the powers of equity, to '
have satisfaction oftlie said judgments;
and the courts of the United States, sitting!
War S'otusciofve —-Oeitr S'r» ,t n l »■> -
in chancery, shall have jurisdiction to enter
tain such bills, and make such decrees and
ordt rs thereupon as may be consonant to
the principles and usages of equity. The
i said auditor shall report to the Postmaster
General, to be by him submitted to Con
gress, at its next annual session,.a statement
of all the balances and debts due to the
Post Office Department as aforesaid, by
late postmasters showing, in each case, the
name and ofiice of the principal debtor, the
names of the sureties, if any, the amount of
the debt, time at which it accrued, the steps
taken to collect the same, and whether they
have been successful or not. The said
statement shall also classify such ofthe said
balances as may then remain due, into such
as are considered collectible, and such
as are not, with the whole amount of each
class.
Sec. 19. And be it further enacted, That
the auditor for the Post Office Department,
: or any mayor of a city, justice of the peace,
) or judge of any court of' record in the Uni
ted States, by him especially designated,
shall be authorized to administer oaths and ■
affirmations, in relation to the examination 1
and settlement of' the accounts committed .
to his charge; audit’any person shall know
ingly swear Or affirm falsely, touching the
) expenditures ofthe PostOfiiceDeparlment,
or in relation to any account of, or claim )
! against, or in favor of, the said Depart-!
! ment, he or she shall, upon conviction J
! thereof, suffer as for w ilful and corrupt per- )
Sec. 20. Andbevl further enacted, That :
, there shad be employed by the Postmaster |
i General, a third Assistant Postmaster Gen- I
i eral who may receive and send lettersand!
! packets free of postage, and in lieu of the I
| clerks now employed in the Department,
one chief clerk, three principal clerks, and
i thirty-three other clerks, one messenger,
and three assistant messengers, and tv.’o
watchmen.
Sec. 21. And be it further enacted, That
there shall be employed hy the Secretary
ofthe Treasury, its the officeof the auditor
for the Post Office Department, one chief)
clerk, four principal clerks, and thirty-eight I
other clerks, one messenger, and one assis- I
tant messenger, also three clerks one ata)
salary of fourteen hundred dollars per an- !
num, one at a salary of twelve hundred dol
lars, and one at a salary of one thousand
dollars, in the office cf the Treasurer ofthe
United States, in lieu of the same number
of clerks now employed in the office of the
Fifth Auditor of the Treasury, in adjusting !
the accounts of the Post Office Depart- j
meat.
Sec. 22. And be it further enacted, That
it shall be the duty of the Postmaster Gen
eral to make to Congress, at each annual
session thereof, the following several re
ports ;
First A, report of all contracts made for
the transportation of the mail within the
preced'mgyear, stating in each case of con
tract its date and duration, the name ofthe
contractor, the route or routes < mbraced in
the contract, w ith the length of each, with
the times of arrival and departure at the
ends of each route, the mode cf transpor
tation contracted for, and the prices stipu- j
iated tobe paid by the Department, also a :
statement <.f all such land and waler mails!
as may have been established or ordered |
by tlic l)epartment w ithin the year prccced- I
ing, other than those let to coutrai t at the )
annual lettings of mail contracts, speecify- j
ing, in each case the route or water course i
on which the mail is establised, the name of
the person employed to transport it, the
mode of transportation, the amount paid or
to be paid, and the proposed duration of
the order or contract.
Second. A report of all allowances made
to contractors w ithin the year preceding,
beyond the sums originally stipulated in
their respective contracts, and the reasons
for the same ; and of all ciders made by
the Department, v hereby additionalexpense
is, or will be incurred, beyond the original
contract price on anv land or water route,
specifying, in each case the route to w hich
the order relates, the name of the contrac
tor, the original service provideil by the
contract, the original price, the date of the
order for additional service, the additional
service required, and the additional allow
ance therefor; also, a report of all curtail
ments of expenses effected by the Depart
ment within the preceding y ear, specifying,
in each case, the same particulars as re
quired in cases of additional allowan-
Third. A, report of all incidental expen
ses of the Department for the year ending
on the thirtieth day of June preceding, ar
ranged according to their several objects as
for “wrapping paper, “office furniture,'’
“ advertising,” mail bags, “ blanks,” “mail
locks, keys, and stamps,” “ mail depreda
tions, and special agents,” clerks for offices,
“miscellaneous,” showing the sum paid
under each Head of expenditure, and the)
names ol the persons to whom paid, except
only that the names of persons employed in !
detecting depredations on the mail, and o- I
ther confidential agenfs, need not be disclo
sed in said report.
Fourth. A report of the finances of the <
Post Office Department for the year end
ing mi the thirtieth day ol June preceding,
showing the whole amoutilof balances due
to tiie Department at the beginnitig of the
year, from postmasters and ail others, the
whole amount of postage that accrued w ith
in the year, the whole amount ol the en- :
gageinents and liabilities of the Department I
for mail transportation during the year, the
amount actually paid during the year, for
and on acccountof mail transportatioh, and
othevvise, stating separately so much' ol the
said amount as may have been paid on ac
count ofthe transportation of the mail, am!
for other debts for the same object, in prece
ding years.
Fifth. A report of all fines imposed, and
deductions from the pay of contractors imide
during t-lie preceding year, for failures to
deliver the mail, or for any other cause, sta-
| ting tiie names of the delinquent contac
) tors, the m ture of the delinquency, the
) route on which it occurred, the time when
! it occurred, the time when the fine wadm
j posed, and whether the fine has been renit
ted, or order for deduction rescinded, ind
for what reason.
Sec. 2.1. And beit further enacted, That
it shall be the duty of the Postmaster Gm
eral, before advertising for proposals f ntlie
transportation of the mail, to form the lest
judgment practicable as to the mode, line
and frequency of transportation on (Jich
route, and to advertise accordingly.. No
consolidated or combination bid slrtl be
received, and no additional compensaion
) shall be made to any mail contractor; s) as
that the compensation for additional regular
I service shall exceed the exact prononion
which the original compensation bears to
the original services stipulated to be per
formed ; and no extra allowance shall be
made to any contractor, hy the Postmaster
General, for an increase of expedition in
| the transportation of themail, unless there
i by the employment of additional stock or
carrier, by the contractor, shall be rendered
) necessary ; and, in su«h case, the additional
compensation shall revCr bear a greater
proportion to the add'tional stock or carri
ers rendered necessaiy, than the sum stipu
) iated in the original contract bears to the
I stock and carriers necessarily employed in
! its execution, and when an extra service
I shall be ordered the amount ofthe allow
j atree therefor, in dollars and cents, shall be
i signified in the order for such service, and
| be forthwith entered upon the books of the
Post Office Department, and ho additional
compensation shall be paid for l any extra
! regular service rendered before the issuing
of such order, and the making of such en
try, and every order, entry, or memoran
dum whatever, on which any action of the
Department is to be had, allowance made,
or money paid, and every contract, paper
or obligation drawn up in said office, by a
ny officer thereof, shall have affixed to it its
true date ; and every paper relating to con
tracts or allow ances filed in said office, shall
have the date of its filing endorsed thereon.
And whenever it shall become necessary to
change the terms of any existing contract
in any other manner than that designated
in this act, or to enter into a contract for
the transportation of the mail at any other
time than at the annual letting, the Post
master General shall give notice in one news
paper published at Washington City, and
in one newspaper published as near as mav
be to the route on w hich the services are to
be performed for at least four weeks before
changing or making such contract, inviting
proposals therefor; which proposals shall
be received and opened, and such proceed
ings thereon had, in ah things, as at the an
nual lettings. Provided hmeever, That the
Postmaster General may make temporary
contracts until a regular letting can take
place.
Sec. 24. And be il further enacted, That
proposals for mail contracts shall be deli
vered to the Department sealed, and shall
be kept sealed until the biddings are closed
anil shall then be opened and marked in
the presence oft he Postmaster General, and
ofoueofthe Assistant Postmasters Gen
eral, or in the presence of two of the Assis
tant Postmaster General. And the con
tracts in all cases shall be awarded to the
lowest bidder except when his bid is not
more than five per centum below tliatof the
last contractor, on the route bid for, who
-hall have faithfully performed bis contract.
Provided however, Thit the Postmaster
General shall not be found to consider the
bid of any person who shall have willfully
or negligently failed to execute or perform
a prior contract. --
Sec. 25. And be it further enacted, That
it shall be the duty ofthe Postmaster Gen
era! to have recorded in a well bound book,
a true and faithful abstract of offers made
to him for carrying the rnai.‘, embracing as
well those which are rejected, as those
which are accepted. The said abstract
shall contain the names of the party or
parties offering; the terms on which he or
they propose to carry the mail, the sum
for which it is offered to contract ; and the
length of time the agreement is to cemtinue.
And it shall also be and the duty of the
Postmaster General to put on file, preserve
the original propositions of which abstracts
are here directed to be made, and to report
at each session of Congress ; a true copy
from the said record <>f all offers made for
carrying the mail as aforesaid.
Sec. 26. And be it further enacted,
That il'any person employed in the Post
Ofiice Department, or postmaster shall be
come interested in jiny mail contract or act
as agent, with or without compensation in
any maiter or thing relating to business in
said for any contactor or
person offering to become a contractor he
shall be forthwith dismissed from ofiice, and
shall be liable to pay so much money as
would have been realized from said contract,
to be recovered in an action of debt, in anv
court having jurisdiction thereof, in the
name ofthe United States for the use ofthe
Post Ofiice Department; and it shall be the
duty of the Postmaster General to cause
prosecution to be instituted.
Site. 27. And be it further enacted,
eveiy proposal for the transportation of
the mail shall be accompanied by a written
guaranty, signed by one or more responsi
ble persons, to the effect that he or they un
dertake that the bidder or bidders will
if his or their bid be accepted enter in
to an obligationin such time as may
b<? perscribed by the Postmaster General
w ith good and sufficient sureties, to perform
the service proposed. No proposal shall
be considered, unless accompanied by such
guaranty. Ifafter the acceptance of a propo
sal and notification thereof to the bidder or
bidders, he or they shall fail to' enter into
an obligation witliin the time prescribed hy
the Postmaster General, with good and
sufficient sureties for the performance of
the service, then the Postmaster General
shall proceed to contract with some other
person or persons, for the performance of
the said service, and shall forthwith cause
the difference between the amount contain
ed in the proposal so guarantied, and the
amount for which he may have contracted
for the performance of said service, for the
whole period ofthe proposal, to be charged
up against the said bidder or bidders, and
his or their guarantor or guarantors, and
the same be immediately recovered by the
United Slates, for the use ofthe Post Office
Department in an action of debt against ei
ther or all ofthe said persons.
Sec. 28. And be it further enaeted,
That no contract for the transpotation of'
thejnail shall knowingly be made by the
Postmaster General, with any person who
shall have entered into any combination,
or proposed to enter into any combination,
to prevent the making of any bid for a mail
contract hy any 7 other person or persons;
whoshall have made any agreement, or shall
have given or performed, or yromised to
give or perform any consideration
whatever, or to do or not to do any thing
whatever, in order to induce any other per
son or person i • to bid for a mail contract and
il any person so offending be a mail contrac
tor, he may be forthwith dissmissed from the
service oi the Department : Provided,
That whenever the Postmaster General
shall exercise the power conferred on him
by this section, he shall transmit a copy or
statement c.f the evidence on which he acts,
to Congrpss, at its next session.
Sec. 29. And be il further enacted,
That no person w hose bid for the transpor
tation ofolhe mail may be accepted, shall
receive any pay, until he shall have execu
ted his contract according to law and the
regulations cf the Department; nor shall
any payment be made for any additional
regular service in the transportation of the
mail, unless tiie same shall have been ren
dered in obedience to a prior legal order
of the Postmaster General.
Sec. 30. And be it furlhtr enacted,
That so much of the act concerning the
Post Office Department, approved March
third, eighteen hundred and twenty-five, as
directs that duplicates or copies of contracts'
or orders made by the Postmaster General
shall be lodged in the office of Comptroll
er of the Treasury, be repealed.
Sec. 31. And be it, further enacted,
That it shall be the duty ofthe Postmaster
General to furnish to the postmasters at the
termination of each route, a schedule, spei
fying the times of arrival departure at their
offices respectively ofeach mail, a copy of
w hich the postmaster shall post up m sortie
conspicious place in his office; and the
Postmaster General shall also furnish a
notice in like manner, of any chantre or al
teration in the arrivals and departures
which may be ordered by him. And it
sl;al be the duty ofevey postmaster prompt
ly to report to the Department every delin
quency, neglect, or malpractice oftlie con
tractors, their agents or carriers, that may
come to his knowledge. And the Post
master General shall cause to be kept, and
returned to the Department, at short and
regular intervals by postmasters at the ends
of routs, and such others as he may think
proper, registers, showing the exact times
of the arrivals and departures ofthe mails.
Sec. 32. be it further enacted,
That if'an postmaster shall unlawfully detain
in his office, any letter, package, phamplet
or newspaper, with intent to prevent the
arrival and delivery ofthe same to the per
son or persons to whom such letter package
pamphlet or newspaper may be addressed or
directed in the usual course of the transpor
tation of the mail along the route ; or if any
postmaster shall with intent as afo esaid
give a preference to any letter, package,
pamphlet, or newspaper, over another,
which may pass through his office, by for
warding the one and retaining the other, he
shall, on conviction thereof, be fined in a
sum not exceding five hundred dollars and
imprisioned for a term not exceeding six
months, and shall moreover, be forever
thereafter incapable of holding the office of
postmaster in the United Stales.
Sec. 33. And be it further enactyd-,
That there shall be appointed by the Presi
dent of the United States, by and with the
advice and consent oftlie Senate, a Deputy
Postmaster for each post ofiice at which the
commissions allowed to the postmaster a
mounted to one thousand dollars or upwards
in the year ending the thirtieth day of June
one thousand eight hundred and thirty-five
or which may, in any subsequent year, ter
minating on the thirtieth day of June a
moimtor exceed that sum, who shall hold his
office for the term offouryears, 'unless sooner
removed by tiie President.
Sec. 34. And be il farther enacted, That
assistant postmaster and clerks regularly
employep and engaged in post offices, shall
be exempt from militia duties, and serving
on juries, and from any fine or penally for
neglect thereof.
Sec. 35. be it further enacted,
That advertisements of letters remaining in
post offices may, under the direction ofthe
bf the Postmaster General, be made in
more than one newspaper : Provided, That
the'whole cost of advertising shall not exceed
four cents for each letter.
SEc. 36. And be it further enacted,
That no postmaster shall receive free pos
tage, or frank, any letter er packet compo
sed of, or containing any thing other than
paper (or money,) and for a violation of
this provision, the offender shall be dismis
sed from office, and upon conviction in ,any
court of competent jurisdiction, pay a fine of
twenty dollars. And no person shall hold
the office of postmaster who shall not bean
actual resident of the city or town wherein
the office is situated, or the district of coun
try usually supplied by said office.
Sec. 37. And be it further enacted,
That when any one or more ofthe sureties
of a postmaster shall notify to the Postmas
ter General their desire to be released from
their suretyship < r when the Postmaster
General shall deem it lieccsyary he shall re-
VUBLIMH£D UY IP. 1.. x
WygOLK AO. 131.
quire the said postmaster to execute a new
bond with security, which when accepted
by the Postmaster General shall be as vail
'ci as the bond given upon the original ap
i 'Ointment of said postmaster, and the sure
ties in the prfor bond shall be released from
icsposibility for all acts or defaults of said
postmaster which may be done orcommit
led subsequent to the acceptance ofthe new
>ond the date of which shall be endorsed
thereon: Provided, That payment* made
subsequent to tlieexecntion ofibencw bond
oy s-iid postmasters shall be applied first to
discharge any balance which may be due
on the old bond, unless he shall, at tiie time
of payment,expressly direct them to be ap
plied to the credit of his new account.
Sec. 38. And be it further enacted, That
d any fsrsoi] shall be accessary after the
• act, to the offence of stealing or taking the
•nail of the United States, or of stealing or
taking any letter or packet, or enclosure
in any letters or packet sent or to be sent
in the mail of the United States, from any
post office in the United States, or from the
mail of the United States, by any person or
persons whatever, every person to offending
as accessary, shall, on conviction thereof,
pay a fine not exceeding one thousand dol
lars, and be imprisoned for a term not exce
eding fivs ygars ; and such accessary after
the fact may be tried, convicted, and pun
ished in the district in which his offences
was committed, thro’ gh the principal of
fence may have been committed in another
district, and before fliat trial of the principal
offender: Provided, such principal ofleder
has fled from justice, or cannot be arrested
to be put upon his trial.
Sec. 39. And be il further enacted, That
in casejtlie jiostmasterGeneral deem it expe
dient to establish an express mail, in addi
tion to the ordinary mail, on any of the post
roads in the United States, for the purpose
ofconyeving slips from newspapers in lieu
of exchange newspapers, or letters, other
than such as contain meney, not exceeding
half an ounce in weight, marked “ express
mail,” and public despatches, he shall be
authorized to charge all letters and packets
carried by such express mail with triple the
rates of postage to which letters and pack
ets, not free, many be by laws subject, when
carried by the ordinary mails.
Sec. 40. And be itfurther t’Racfetf, That
tn case of the death, resignation., or absence
of the Postmaster General, all his powers
and duties shall dcvelope, for the time be
ing, on tiie First Assistant Postmaster Gen
eral;
Sec. 41. And be ii further enacted, That
t.ie Postmaster General shall he authorized,
whenever the same may be proper for the
accommodation oftlie public in any city, t<
employ letters carriers for the delivery of
letters received at the post office in said city;
except such as the persons to whom they'
are addressed may have requested, in wri
ting, addressed to the postmaster, to be re
tained in the post office ; and for the receipt
ol letters, at such places in the said city as
the Postmaster General may direct, and for
the deposite of the same in the post office ;
and for the delivery by a carrier ofeach let
ter received from the post office, the person
to whom the same may be delivered shall
pay not exceeding two cents ; and for the
delivery of each newspaper and pamphlet,
one-half cent; and for every letter received
by a carrier to be deposited in the post of
fice, there shall be paid to him, at the time
ofthe receipts, not exceeding two cents ; all
which receipts, by the carriers in any,city,
shall, if the Postmaster General so direct,
be accounted for to the postmaster of said
city, to constitute a find for the compensa
tion of tiie said carriers, and be paid to them
in such proportions and manner as the Post
master General may direct. Each of the
said carriers shall give bond with sureties,
to be approved by the Postmaster General,
safe custody and delivery of letters, and for
the due account and payments of all moneys
received by him.
Sec. 42. And be it further enacted, That
the Postmaster General shall be authorized,
in [his discretion, to contract for carry
ing themail on the navigable Icanals of the
several Slates, in all cases wherein his o
p’mion the public interest and convenience
shall require it, and for the time during
which mails may be carried on such canals,
or any parts thereof, the same are hereby
declared to be post roads.
Sec. 43. And be it further enacted, That
the following annual salaries shall be allow
ed to the Assistant Postmaster Gr neral!*
and to the clerks, messengers, and watch
men provided for the service of ibe Post
Office Department, viz:
To the three Assistant Postm aster Gen
eral each twenty-five hundred r’ Pilars'.
To the chief clerk two thorn .and dollar *.
To the three principal cle rk S) C acl t
thousand six hundred dollar ..
To ten clerks each ornj. thousnijd four
hundred dollars.
I o fifteen clerks, each one thawjfld two.
hundred dollars.
Io eight clerks, ea.ch one ■rhoittsand* dol
lars.
Io the messenger, seven hundred and?
fifty dollars.
Io the three assistant messengers, each
three hundred and fifty dollars.
L o the tw o watchmen, each three hun
dred dollars.
&E . 4 4. Be it further enaeted. That the*
lodowmg annual salaries shall be allowed to
the Auditor ofthe Post Office Department,
and t'.i the clerks and messengers herein pro
',ly d for the service of Ids office, viz:
Io the auditor, three thousand dollars.
Io the chief clerk, two thousand dol-
To the four principal dorks, each one
diousaml six hundred dollars.
i o ten clerks, each one thousand four
hundred dollars.
1 o twenty clerks, each one thousand
two hundred dollars.
I o eight clerks, each ore thousand dol
lars.
To the messenger, seven bnndred antj