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longer required longer required for light-house purposes; the proceeds of such sales, may be sold. after the payment therefrom of the expenses of making the same, to be R. S., § 4675. deposited and covered into the Treasury as miscellaneous receipts, as now provided by law in like cases.
ments on Staten
In adjusting [Par. 5.] Provided, That whenever it may become necessary, in the boundary-lines of adjustment of boundary-lines or in the opening or changing of necessary lands of light- roadways affecting lands belonging to the United States and used for house establish- the purposes of the light-house establishments at Staten Island, New Island, Secretary York, and at the Highlands of Neversink, New Jersey, or any part thereof, of Treasury may the Secretary of the Treasury is hereby authorized to execute for such give deeds, &c. purposes touching the property above referred to, or any part thereof, the necessary conveyances and assurances, and to receive, in consideration thereof, such other conveyances or assurances of adjoining lands, or of lands in the immediate vicinity, or other consideration, as may be agreed upon.
R. S., § 4675.
[Par. 6.] The jurisdiction of the Light-House Board, created by the Board's jurisdic- act (2) entitled "An act making appropriations for light-houses, lighttion extended over boats, buoys, and so forth, and providing for the erection and estab Mississippi, Ohio, lishment of the same, and for other purposes" approved August thirtyfirst, eighteen hundred and fifty-two, is hereby extended over the R. S., §§ 4653- Mississippi, Ohio, and Missouri Rivers, for the establishment of such
and Missouri Rivers.
Tolls on Thun
beacon-lights, day-beacons, and buoys as may be necessary for the use of vessels navigating those streams; and for this purpose the said board is hereby required to divide the designated rivers into one or two additional light-house districts, to be in all respects similar to the already existing light-house districts; and is hereby authorized to lease the necessary ground for all such lights and beacons as are used to point out changeable channels, and which in consequence cannot be made permanent.
[Par. 7.] For the construction of a light-house at the mouth of Thunder Bay River to der Bay River, in the State of Michigan, (Sup.) [Provided, cease after light- That all tolls on vessels entering or leaving the river shall be abolished For substitute after the light-house is completed.] see 1875, Mar. 3, ch.
130, par. 9.
for vessels im
Certain sums [Par. 8.] Section second of an act entitled (3) "An act making appronecessary for set- priations for the support of the Army for the fiscal year ending June tlement of claims thirtieth, eighteen hundred and seventy-five, and for other purposes," pressed into mili- passed at the present session, shall be construed to direct the Third tary service to be Auditor of the Treasury to certify to the Secretary of the Treasury the certified to Secre- sum necessary in the settlement of accounts for steamboats and other tary of Treasury, vessels, pending in his office, under the joint resolution approved Deand not to be car- cember twenty-third, eighteen hundred and sixty-nine, and March third, eighteen hundred and seventy-one, and said sum so certified shall be R. S., § 277, par. excepted from the operation of the said second section: But nothing herein contained shall be construed to effect the present jurisdiction of 1874, June 16, the Second Comptroller of the Treasury in this class of cases: 1874, June 20, [June 23, 1874.]
ried to surplus fund.
ch. 285, § 2.
ch. 328, § 5.
NOTES. (2) The provisions of the act of 1852 ch. 112 (10 Stat. L., 118), here referred to, are incorporated into Revised Statutes in the sections noted in the margin.
(3) The resolution to which this paragraph may apply are 1869, No. 5, and 1871, No. 50 (16 Stat. L., 368 600).
AN ACT MAKING APPROPRIATIONS FOR THE SERVICE OF THE POST-OFFICE DEPARTMENT
1. Par. 1. Letter-carriers not to be employed in
Superintendent of free delivery to be
2. Mail-route advertisements in District
3. Stamped envelopes to contain no print-
4. Revised Statutes not to be published in news-
5. Rates of postage on newspapers and periodicals mailed from office of publication or agencies, &c.
-in other cases not changed.
method of paying postage in such cases.
7. Newspapers may be sent free to subscribers in county where printed.
8. Rate of postage on matter of third class.
9. Publishers, agents, &c., to make affidavit when required.
Penalty for depositing matter in offices without making affidavit.
-for mailing such matter.
-for postmasters permitting same to be mailed.
10. Changes by this act, when to take effect. 11. Salaries of postmasters.
Appointments and removal of postmasters. Salary of postmaster at New York, and compensation of postmasters of first, second, and third classes.
Postal receipts, how ascertained.
Additional allowance in certain cases.
Be it enacted, &c.
11. Compensation of postmasters of fourth class.
Distributing offices may be designated and
12. Proposals for carrying mail to be accompanied
-not to be considered unless accompanied by
Oaths of sureties to be indorsed on bond.
When bidder fails to enter into contract, next
Contracts, when may be continued beyond
Bids to be accompanied by certified checks,
Deposit to be forfeited on failure, or returned
Proposals exceeding $5,000 not to be consid
Penalties incurred not affected.
13. Postage on public documents mailed by mem-
June 23, 1874.
18 Stat. L., 231.
Par. 1.] Provided, That hereafter letter-carriers shall not be employed Letter-carriers for the free delivery of mail-matter in towns and cities whose popula- not to be employed tion within their corporate limits, as shown by the last report of the in places having less than 30,000 national census or by any subsequent census taken in pursuance of population, exState statute or by order of the mayor and common council of such town or city, shall be less than thirty thousand; but this proviso shall not affect the free delivery in towns and cities where it is now established.
And for the more efficient management of the free-delivery system, the Postmaster-General may designate a fourth class clerk to act as superintendent of free delivery in the Post-Office Department at an annual salary of two thousand five hundred dollars;
[Par. 2.] Provided, That hereafter no payment shall be made to any newspaper published in the District of Columbia for advertising any other routes than those in Virginia and Maryland.
trict of Columbia.
[Par. 3.] Provided, That hereafter no envelope, as furnished by the Government, shall contain any lithographing and engraving, nor any printing except a printed request to return the letter to the writer.
SEC. 4. That the Revised Statutes of the United States shall not be published by the United States in any newspaper, anything in existing laws to the contrary notwithstanding.
Superintendent of free delivery to be designated; his salary.
R. S., § 394.
Maryland and Vir-
not to be published in newspapers. R. S., § 79. SEC. 5. That on and after the first day of January, eighteen hundred Rates of postage and seventy-five, all newspapers and periodical publications mailed from on newspapers and a known office of publication or news agency, and addressed to regular periodicals mailed subscribers or news agents, postage shall be charged at the following lication or agency, rates: On newspapers and periodical publications, issued weekly and &c. more frequently than once a week, two cents for each pound or fraction thereof and on those issued less frequently than once a week three cents for each pound or fraction thereof:
from office of pub
R. S., § 3905. 15 Opin. Att'yGen., 345.
16 Opin. Att'y
Rates of postage in other cases not changed. R. S., § 3872. 1879, March 3, ch. 180, § 11. SEC. 6. That on and after the first day of January, eighteen hundred -method of pay- and seventy-five, upon the receipt of such newspapers and periodical ing postage in such publications at the office of mailing, they shall be weighed in bulk, and postage paid thereon by a special adhesive stamp, to be devised and furnished by the Postmaster-General, which shall be affixed to such matter, or to the sack containing the same, or upon a memorandum of such mailing, or otherwise, as the Postmaster-General may, from time to time, provide by regulation.
Provided That nothing in this act shall be held to change or amend section ninety nine (1) of the act entitled "An Act to revise consolidate and amend the statutes relating to the Post-Office Department," approved June eight, eighteen hundred and seventy-two:
Newspapers may be sent free to sub
SEC. 7. That newspapers, one copy to each actual subscriber residing within the county where the same are printed, in whole or in part, and scribers in county published, shall go free through the mails; but the same shall not be delivered at letter-carrier offices or distributed by carriers unless postage is paid thereon as by law provided.
Rate of postage on matter of third
R. S., § 3878, 3879.
1875, March 3,
13 Blatch., 207.
SEC. 8. That all mailable matter of the third class, referred to in section one hundred and thirty-three (1) of the act entitled "An act to revise, consolidate, and amend the statutes relating to the Post Office De partment," approved June eighth, eighteen hundred and seventy-two, may weigh not exceeding four pounds for each package thereof, and postage shall be charged thereon at the rate of one cent for each two ounces or fraction thereof; but nothing herein contained shall be held to change or amend section one hundred and thirty-four of said act.
SEC. 9. That the Postmaster-General, when in his judgment it shall agents, &c., to be necessary, may prescribe, by regulation, an affidavit in form, to be when required. taken by each publisher of any newspaper or periodical publication sent R. S., § 3909. through the mails under the provisions of this act, or news agent who distributes any of such newspapers or periodical publications under the provisions of this act, or employee of such publisher or news agent, stating that he will not send, or knowingly permit to be sent, through the mails any copy or copies of such newspaper or periodical publications except to regular subscribers thereto, or news agents, without prepayment of the postage thereon at the rate of one cent for each two ounces or fractional part thereof;
Penalty for de
office without making affidavit.
And if such publisher or news agent, or emyloyee of such publisher positing matter in or news agent, when required by the Postmaster-General or any special agent of the Post-Office Department to make such affidavit, shall refuse so to do, and shall thereafter, without having made such affidavit deposit any newspapers in the mail for transmission, he shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not exceeding one thousand dollars for each refusal;
And if any such person shall knowingly and willfully mail any such matter without the payment of postage as provided by this act, or procure the same to be done with the intent to avoid the prepayment of postage due thereon;
Or if any postmaster or post-office official shall knowingly permit any such matter to be mailed without the prepayment of postage as provided in this act, and in violation of the provisions of the same, he or they shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than one thousand dollars, or imprisoned not exceeding one year, one or both, in the discretion of the court.
SEC. 10. That so much of this act as changes the rate of postage on newspapers and periodical publications shall not take effect until the first day of January next.
SEC. 11. (2) (Rep.) [That the sixty-third, eightieth, eighty-first, eighty-second, eighty-third, eighty-fourth, and eighty-sixth sections of the said "Act to revise, consolidate, and amend the statutes relating to
NOTES. (1) The several provisions of the act of 1872, ch. 335 (17 Stat. L.,283), referred to in this act,
the Post Office Department," approved June eighth, eighteen hundred and seventy-two,(1) be amended to read as follows:] (2)
(2) "SEC. 63. (Rep.) [That the postmasters, except the postmaster at New York City, whose annual salary is hereby fixed at six thousand aries; at New York. dollars, shall be divided into four classes, as follows:
The first class shall embrace all those whose annual salaries are not of class one. more than four thousand dollars nor less than three thousand dollars;
- of class two.
The second class shall embrace all those whose annual salaries are less than three thousand dollars but not less than two thousand dollars; The third class shall embrace all those whose annual salaries are of class three. less than two thousand dollars but not less than one thousand dollars;
The fourth class shall embrace all postmasters whose annual com- of class four. pensation, exclusive of their commissions on the money-order business
of their offices, amounts to less than one thousand dollars."]
R. S., § 3830.
(2) "SEC. 80. (Rep.) [That the postmaster at New York City and post- Appointments masters of the first, second, and third classes shall be appointed and and removals of may be removed by the President, by and with the advice and consent postmasters. of the Senate, and shall hold their offices for four years unless sooner removed or suspended according to law; and postmasters of the fourth class shall be appointed and may be removed by the Postmaster-General, by whom all appointments and removals shall be notified to the Auditor for the Post-Office Department."]
R. S., § 3852,
"SEC. 81. (Rep.) [That the compensation of the postmaster at New Salary of postYork City shall be six thousand dollars per annum, and the respective master at New York, and compencompensations of postmasters of the first, second, and third classes shall sation of postmasbe annual salaries, assigned in even hundreds of dollars, and payable ters of first, secin quarterly payments, to be ascertained and fixed, by the Postmaster- ond, and third General, from their respective quarterly returns to the Auditor for the classes. Post-Office Department, or copies or duplicates thereof, for four quarters 3860. immediately preceding the adjustment or re-adjustment, by adding to the whole amount of box rents, not exceeding two thousand dollars per annum, commissions also not to exceed two thousand dollars per annum on the other postal revenues of the office, at the following rates, namely: On the first one hundred dollars per quarter, fifty per centum;
On all over one hundred dollars and not over four hundred dollars per quarter, forty per centum;
On all over four hundred dollars and not over two thousand four hundred dollars per quarter, thirty per centum;
And on all over two thousand four hundred dollars per quarter, ten per centum.
And in order to ascertain the amount of the postal receipts of each office, the Postmaster-General may require postmasters to furnish du- how ascertained. plicates of their quarterly returns to the Auditor at such times and for such periods as he may deem necessary in each case:
Provided, That whenever, by reason of the extension of free delivery Additional alof letters, the box-rents of any post office are decreased, the Postmaster- lowance in certain General may allow, out of the receipts of such office, a sum sufficient to maintain the salary thereof at the amount at which it had been fixed before the decrease in box rents."]
R. S., §§ 3852
(2) "SEC. 82. (Rep.) [That the compensation of postmasters of the Compensation of fourth class shall be the box-rents collected at their offices and commis- Postmasters of sions on other postal revenues of their offices at the rate of sixty per centum on the first one hundred dollars or less per quarter; fifty per 3860. centum on the next three hundred dollars or less per quarter; forty per centum on the excess above four hundred dollars per quarter; the same to be ascertained and allowed by the Auditor in the settlement of the quarterly accounts of such postmasters:
Provided, That when the aggregate annual compensation, exclusive of commissions on money-order business, of any postinaster of this class shall amount to one thousand dollars, the Auditor shall report such fact NOTE. (2) Section 11 of this act, amending §§ 63, 80, 81, 82, 83, 84, 86 of the act of 1872, ch. 335 (17 Stat. L., 283), which were incorporated into the Revised Statutes noted in the margin, is repealed by act of 1876, July 12, ch. 179.
to the Postmaster-General, in order that such postmaster may be assigned to his proper class, and his salary fixed as heretofore provided."] Readjustment of (2) "SEC. 83. (Rep.) [That the salaries of postmasters of the first, second, and third classes, except that of the postmaster at New York R. S., $$ 3854- City, shall be re-adjusted by the Postmaster-General once in two years, and in special cases as much oftener as he may deem expedient."]
salaries of first three classes.
Assignment and change of salaries,
how made, &c. R. S., § 3856.
Distributing offices may be desig
nated and addi
tional pay allowed
(2) "SEC. 84. (Rep.) [That the Postmaster-General shall make all orders assigning or changing the salaries of postmasters in writing, and record them in his journal, and notify the change to the Auditor; and any change made in such salaries shall not take effect until the first day of the quarter next following such order:
Provided, That in cases of not less than fifty per centum increase or decrease in the business of any post office, the Postmaster-General may adjust the salary of the postmaster at such office, to take effect from the first day of the quarter or period the returns for which form the basis of re-adjustment."]
(2) "SEC. 86. (Rep.) [That the Postmaster-General may designate offices at the intersection of mail-routes as distributing or separating offices; and where any such office is of the third or fourth class he may make a reasonable allowance to the postmaster for the necessary cost of clerical services arising from such duties."]
SEC. 12. That section two hundred and forty-five, section two hundred and forty-six section two hundred and forty-seven, section two hundred and fifty-one, and section two hundred and fifty-three of the act entitled(1) "An act to revise, consolidate and amend the statutes relating to the Post Office Department, approved June eighth, eighteen hundred and seventy-two, be amended to read as follows:
Proposals for (1) "SEC. 245. That every proposal for carrying the mail shall be accarrying mail to be companied by the bond of the bidder, with sureties approved by a postaccompanied by master, and in cases where the amount of the bond exceeds five thoubond of bidder, &c. R. S., $$ 3945- sand dollars, by a postmaster of the first, second, or third class, in a sum to be designated by the Postmaster-General in the advertisement of each route; to which bond a condition shall be annexed, that if the said bidder shall, within such time after his bid is accepted as the Postmaster-General shall prescribe, enter into a contract with the United States of America, with good and sufficient sureties, to be approved by the Postmaster-General, to perform the service proposed in his said bid, and, further, that he shall perform the said service according to his contract, then the said obligation to be void, otherwise to be in full force and obligation in law; and in case of failure of any bidder to enter into such contract to perform the service, or, having executed a contract, in case of failure to perform the service, according to his contract, he and his sureties shall be liable for the amount of said bond as liquidated damages, to be recovered in an action of debt on the said bond.
-not to be con
bond and oath.
No proposal shall be considered unless it shall be accompanied by sidered unless ac- such bond, and there shall have been affixed to said proposal the oath companied by of the bidder, taken before an officer qualified to administer oaths, that he has the ability, pecuniarily, to fulfill his obligations, and that the bid is made in good faith, and with the intention to enter into contract and perform the service in case his bid is accepted."
Oath of sureties
R. S., § 3947.
Substitute, see 1876, Aug. 11, ch.
(1) "SEC. 246. (Sup.) [That before the bond of a bidder provided for to be indorsed on in the aforesaid section is approved, there shall be indorsed thereon the oaths of the sureties therein, taken before an officer qualified to administer oaths, that they are owners of real estate, worth, in the aggregate, a sum double the amount of the said bond, over and above all debts due and owing by them, and all judgments, mortgages, and executions against them, after allowing all exemptions of every character whatever."] (1) "SEC. 247. That any postmaster who shall affix his signature to the approval of any bond of a bidder, or to the certificate of sufficiency of
1878, May 17, ch.
Penalty for postmaster illegally approving bond, &c.
NOTES. (1) The several provisions of the act of 1872, ch. 335 (17 Stat. L., 283), referred to in this act, are incorporated into the Revised Statutes in the sections noted in the margin.
(2) Section 11 of this act amending these sections of the act of 1872, ch. 335, is repealed by act of 1876, July 12, ch. 179.