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(ACT of April 30th, 1810.) twenty days after such session; and, in case of excess of weight, that excess alone shall be paid for; the president of the United States; vice president; the secretaries of state, of the treasury, of war, of the navy; the attorney general; the comptroller; treasurer, auditor, register; supervisor of the direct tax for the district of South Carolina; superintendent of Indian trade; purveyor; the inspector and paymaster of the army; accountants of the war and navy departments; postmaster general; and the assistants postmaster general; John Adams, a former president of the United States; and Thomas Jefferson, late president of the United States; and they may all receive their newspapers by post free of postage: Provided, That the members of the senate and house of representatives, secretary of the senate, and clerk of the house of representatives, shall receive their newspapers free of postage oply during any session of congress, and twenty days after the expira. tion of the same: And provided, That no letter or packet from any public officer shall be conveyed by post, free of postage, unless he shall frank the same, by writing his name and office on the outside of such letter or packet, and until he has previously furnished the postmaster of the office where he shall deposit the same, with a specimen of his signature.
(See title LANDS-general laws, 10, ante page, 437.)
Sec. xxv. If any person shall frank letters other than those written by himself, or by his order, on the business of his office, he shall, on conviction thereof, pay a fine of ten dollars: Provided, That the secretary of the treasury, secretary of state, secretary of war, secretary of the navy, and postmaster general, may frank let. ters or packets on official business, prepared in any other public office, in the absence of the principal thereof. And if any person, having the right to receive his letters free of postage, shall receive, enclosed to him, any letter or packet, addressed to a person not having that right, it shall be his duty to return the same to the post office, marking thereon the place from whence it came, that it may be charged with postage. And if any person shall counterfeit the hand writing or frank of any person, or cause the same to be done, in order to avoid the payment of postage, each person, so offending, shall pay, for every such offence, fifty dol. lars.
23. Sec. xxvi. Every printer of newspapers may send one paper to each and every other printer of newspapers, within the United States, free of postage, under such regulations as the postmas. ter general shall provide.
Sec. XXVII. Al newspapers conveyed in the mail shall be under cover, open at one end, and charged with a postage of one cent each, for any distance not more than one hundred miles, and one and an half cents for any greater distance: Provided, That the postage of a single newspaper, from any one place to another in the same state, shall not exceed one cent; and that the postmaster general shall require those who receive newspapers by post, to
(ACT of April 30th, 1810.) pay always the amount of one quarter's postage in advance. If any person employed in any department of the post office shall improperly detain, delay, embezzle, or destroy, any newspaper, or shall permit any other person to do the like, or shall open, or permit any other to open, any mail or packet of newspapers, not directed to the office where he is employed, he shall, on conviction thereof, forfeit a sum not exceeding fifty dollars for every such offence. And if any other person shall open any mail or packet of newspapers, or shall embezzle or destroy the same, not being directed to himself, or not being authorised to receive and open the same, he shall, on conviction thereof, pay a sum not exceeding twenty dollars for every such offence. And if any person shall take or steal any packet, bag, or mail, of newspapers from or out of any post office, or from any person having custody thereof, such person shall, on conviction, be imprisoned, not exceeding three months, for every such offence, to be kept at hard labour during the period of such imprisonment. If any person shall enclose, or conceal, a letter, or other thing, or any memorandum in writing, in a newspaper, or among any package of newspapers, which he shall have delivered into any post office, or to any person for that purpose, in order that the same may be carried by post, free of letter postage, he shall forfeit the sum of five dollars for every such offence; and the letter, newspaper, package, memorandum, or other thing, shall not be delivered to the person to whom it is directed until the amount of single letter postage is paid for each article of which the package shall be composed. No newspapers shall be received by the postmasters to be conveyed by post, unless they are sufficiently dried, and enclosed, in proper wrappers, on which, beside the direction, shall be noted the number of papers which are enclosed for subscribers, and the number for printers. The postmaster general, in any contract he may enter into for the conveyance of the mail, may authorise the person with whom such contract is to be made, to carry newspapers, magazines, and pamphlets, other than those conveyed in the mail. When the mode of conveyance, and the size of the mails, will admit of it, magazines and pamphlets may be transported in the mail at one cent a sheet, for any distance not exceeding fifty miles; at one cent and an half for any distance over fifty, and not exceeding one hundred, miles; and two cents for any greater distance.
24. Sec. xxix. If any postmaster, or other person authorized to receive the postage of letters and packets, shall neglect or refuse to render his accounts, and pay over, to the postmaster general, the balance by him due at the end of every three months, it shall be the duty of the postmaster general to cause a suit to be commenced against the person or persons so neglecting or refusing; and if the postmaster general shall not cause such suit to be commenced within six months from the end of every such three months, the balances due from every such delinquent shall be
(ACT of April 30th, 1810.) charged to, and recoverable from, the postmaster general. That all suits which shall be hereafter commenced for the recovery of debts, or balances, due to the general post office, whether they appear by bond or obligations made in the name of the existing or any preceding postmaster general, or otherwise, shall be instituted in the name of the “ Postmaster General of the United States." That certified copies, under the seal of the general post office, of the accounts current of the several postmasters, after the same shall have been examined and adjusted at that office, shall be ad. mitted as evidence in all suits brought by the postmaster general for the recovery of balances, or debts, due from postmasters; and, in like manner, copies of such accounts current as are lodged in the office of the register of the treasury, certified by the register, under the seal of his office, shall be admitted as evidence.
Sec. xxx. If any postmaster, or other person who shall receive and open, or despatch, mails, shall neglect to render accounts thereof for one month after the time, and in the form and manner prescribed by law, and by the postmaster general's instructions conformable there with, he shall forfeit double the value of the postages which shall have arisen at the same office in any equal portion of time previous or subsequent thereto; or, in case no accounts shall have been rendered at the time of trial of such case, then such sum as the court and jury shall estimate equivalent thereto, to be recovered by the postmaster general in an action on the case.
25. Sec. XXXI. All pecuniary penalties and forfeitures incurred under this act, shall be one-half for the use of the person or persons informing and prosecuting for the same, and the other half to the use of the United States.
26. Sec. xxxii. It shall be lawful for the postmaster general to make provision, where it may be necessary, for the receipt of all letters and packets intended to be conveyed by any ship or vessel beyond sea, or from any port in the United States, to another port therein; and the letters so received shall be formed into a mail, sealed up, and directed to the postmaster of the port to which such ship or vessel may be bound. And for every letter or packet so received, there shall be paid, at the time of its reception, a postage of one cent, which shall be for the use of the postmasters, respectively, receiving the same. And the postmaster general may make arrangements with the postmasters in any foreign country, for the reciprocal receipt and delivery of letters and packets through the post offices.
27. Sec. xxxm. The postmasters, and the persons employed in the transportation of the mail, shall be exempt from militia duties, ard serving on juries, or any fine or penalty for neglect thereof.
28. Sec. xxxiv. Letter carriers shall be employed at such post offices as the postmaster general shall direct, for the delivery of letters in the places, respectively, where such post offices are es
(ACT of April 30th, 1810.) tablished; and, for the delivery of each such letter, the letter carrier may receive, of the person to whom the delivery is made, two cents: Provided, That no letter shall be delivered to such letter carrier for distribution, addressed to any person who shall have lodged at the post office a written request that his letters shall be detained in the office. And for every letter lodged at any post office, not to be carried by post, but to be delivered at the place where it is to be so lodged, the postmaster shall receive one cent of the person to whom it shall be delivered.
29. SEC. XXXV. All causes of action arising under this act may be sued, and all offenders against this act may be prosecuted, before the justices of the peace, magistrates, and other judicial courts, of the several states, and of the several territories of the United States, they having competent jurisdiction, by the laws of such states or territories, to the trial of claims and demands of as great value, and of the prosecutions where the punishments are of as great extent; and such justices, magistrates, or judiciary, shall take cognizance thereof, and proceed to judgment and execution, as in other cases.
Sec. xxxvi. In all suits or causes arising under this act, the court shall proceed to trial, and render judgment, the first term after such suit shall be commenced: Provided always, That when.. ever service of the process shall not have been made twenty days, at least, previous to the return day of such term, the defendant shall be entitled to one continuance, if the court, oa the statement of such defendant, shall judge it expedient: Provided also, That if the defendant in such suit shall make affidavit that he has a claim against the general post office, not allowed by the postmaster general, although submitted to him conformably to the regulations of the post office, and shall specify such claim in the affidavit, and that he could not be prepared for the trial at such term for want of evidence, the court, in such case, being satisfied in those respects, may grant a continuance until the next succeeding term.
30. Sec. xxxvII. It shall be the duty of the postmaster general to report, annually, to congress, every post road which shall not, after the second year from its establishment, have produced onethird of the expense of carrying the mail on the same.
Sec. XXXVIII. There shall be allowed to the deputy postmaster at the city of Washington, for his extraordinary expenses, incur. red in the discharge of the duties of his office, an additional compensation, at the rate of one thousand dollars per annum, to be paid out of the funds of the post office establishment.
31. Sec. XXXix. The adjutant general of the militia of each state and territory shall have right to receive, by mail, free of postage, from any major or brigadier general thereof, and to transmit to said generals, any letter or packet, relating solely to the militia of such state or territory: Provided always, That every such officer, before he delivers any such letter or package for transmission, shall, in his own proper hand writing, on the outside thereof, en
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(ACT of April 30th, 1810.) dorse the nature of the papers enclosed, and thereto subscribe his name and office, and shall previously furnish the postmaster of the office where he shall deposit the same, with a specimen of his signature: And if any such ofhcer shall frank any letter or package in which shall be contained any thing relative to any subject other than of the militia of such state or territory, every offender shall, on conviction of every such offence, forfeit and pay a fine of fifty dollars, - 32. Sec. XL. From and after the thirtieth day of September next, whenever the annual emoluments of any postmaster, after deducting therefrom the expenditures incident to his office, shall amount to more than two thousand dollars, the surplus shall be accounted for, and paid to the postmaster general, and by him to be accounted for in the same manner as other moneys accruing from the post office establishment.
Sec. xli. Every deputy postmaster, the receipt of whose office exceeds one thousand dollars a year, shall, on the last day of September, in each year, transmit to the postmaster general of the United States a statement of the expenses of the office under his direction, of the number of clerks, with the time they have been severally employed therein, and their respective names and ages.
33. SEC. XLII. From and after the first day of June next, the second section of an act, entitled “ An act to establish the post office and post roads within the United States," approved on the eighth day of May, one thousand seven hundred and ninety-four, and an act, entitled “ An act to establish the post office of the United States," approved on the second day of March, one thousand seven hundred and ninety-nine, and all other acts, and parts of acts, heretofore passed for the regulation and government of the general post office, and of the postmaster general, and other officers and agents, employed in said office, shall be, and the same are hereby, repealed: Provided, That an act, entitled “ An act concerning public contracts," approved on the twenty-first day of April, one thousand eight hundred and eight, shall be and remain in full force, and no post road heretofore established shall be discontinued by this act: Provided also, That nothing herein contained shall be construed to exonerate any person who shall not have performed the duty, or who shall have violated any of the prohibitions, contained in the said acts, from suits or prosecutions, but as to all bonds, contracts, debts, demands, rights, penalties, punishments, which have been made, have arisen, or have been incurred, or which shall be made, arise, or be incurred, previous to the first day of June next, the said acts shall have the same force and effect as though this act had not been made: Provided, likewise, That the postinaster general, assistant postmaster general, deputy postmasters, contractors for carrying the mail, and others employed under the aforesaid acts, shall continue to hold their several offices, appointments, and trusts, until they are otherwise removed, any thing herein contained, that might be construed to