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Penalty for secreting or

through or from any post-office or branch-post office established by authority of the Postmaster-General of the United States; [or] if any such destroying letters person shall secrete, embezzle, or destroy, any letter or packet intrusted

not containing valuables;

containing valuables;

for taking valuables out of letters, &c.;

upon mail

carrier for deserting mails.

to such person as aforesaid, and which shall not contain any security for, or assurance relating to, money, as hereinafter described, every such offender, being thereof duly convicted, shall, for every such offence, be fined not less than three hundred dollars, or imprisoned not less than six months, or both, according to the circumstances and aggravations of the offence. And if any person employed as aforesaid shall secrete, embezzle, or destroy any letter, packet, bag, or mail of letters, with which he or she shall be intrusted, or which shall have come to his or her possession, and are intended to be conveyed by post, or to be carried or delivered by any mail-carrier, mail-messenger, letter-carrier, route-agent, or other person employed in any of the departments of the post-office establishment of the United States, or to be forwarded or delivered through or from any post-office or branch post-office established by authority of the Postmaster-General of the United States, such letter, packet, bag, or mail of letters, containing any note, bond, draft, check, revenue stamp, postage-stamp, money order, certificate of stock, or other pecuniary obligation, or government security of any description whatever, issued, or that may hereafter be issued, by the United States, or by any officer or fiscal agent thereof, any bank note or bank post bill, bill of exchange, warrant of the treasury of the United States, note of assignment of stock in the funds, letters of attorney for receiving annuities or dividends, or for selling stock in the funds, or for receiving the interest thereof, or any letter of credit, or note for, or relating to, payment of moneys, or any bond, or warrant, draft, bill, or promissory note, covenant, contract, or agreement, whatsoever, for, or relating to, the payment of money, or the delivery of any article of value, or the performance of any act, matter, or thing, or any receipt, release, acquittance, or discharge of, or from, any debt, covenant, or demand, or any part thereof, or any copy of any record of any judgment, or decree, in any court of law, or chancery, or any execution which may have issued thereon, or any copy of any other record, or any other article of value, or any writing representing the same; or if any such person, employed as aforesaid, shall steal, or take, any of the same out of any letter, packet, bag, or mail of letters, that shall come to his or her possession, whether such letter or packet, bag, or mail of letters, shall have come or been placed in his or her possession to be forwarded or delivered in the regular course of his or her official duties, or shall have come or been placed in his or her possession in any other manner, and provided that such letter or packet, bag or mail of letters, shall not have been delivered to the person or persons to whom it is directed, such person shall, on conviction for any such offence, be imprisoned not less than ten years, nor exceeding twenty-one years; and the fact that any such letter or packet, bag or mail of letters, shall have been deposited in any post-office or branch post-office established by authority of the Postmaster-General of the United States, or in any other authorized depository of mail letters, or in charge of any postmaster, assistant postmaster, clerk, carrier, agent, or messenger employed in the post-office establishment of the United States, shall be taken and held as evidence that the same was "intended to be conveyed by post" within the meaning of this statute; and if any person who shall have taken charge of the mails of the United States shall voluntarily quit or desert the same before such person delivers it into the post-office kept at the termination of the route, or some known mail-carrier, or agent of the general postoffice, authorized to receive the same, every such person, so offending, shall forfeit and pay a sum not exceeding five hundred dollars, for every such offence; and if any person concerned in carrying the mail of the United States shall collect, receive, or carry any letter, or packet, or shall

cause or procure the same to be done, contrary to this act, every such 1825, ch. 64, § 21, offender shall forfeit and pay, for every such offence, a sum not exceeding Vol. iv. 107. p. fifty dollars. Section twenty-one, Act of March three, eighteen hundred and twenty-five.

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enclosures, &c.

with valuable

1861, ch. 57, § 7. Vol. xii. p. 168.

SEC. 13. And be it further enacted, That dead letters containing valua- Dead letters ble enclosures shall be registered in the department; and when it appears that they can neither be delivered to their address nor to the writers, the contents thereof, so far as available, shall be used to promote the efficiency of the dead-letter office, according to the provisions of the seventh section of act approved February twenty-seventh, eighteen hundred and sixty-one, entitled "An act to establish certain post routes; and the amount thereof shall be shown in the annual report, and shall be subject to reclamation by either the party addressed or by the sender for four years from registry thereof, careful account being kept of the same. All other letters deemed of value or of importance to the party addressed, or to the writer, and which it appears cannot be returned to either destination, shall be disposed of as the Postmaster-General shall direct.

Letter-carriers.

Salaries.

SEC. 14. And be it further enacted, That 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 established; and for their services they shall severally receive a salary to be prescribed by the Postmaster-General, not exceeding eight hundred dollars per year: Provided, That, on satisfactory evidence of their diligence, fidelity, and experience as carriers, the Postmaster-General may increase their respective salaries from time to time, to any sum not exceeding one thousand dollars; and each of the said carriers shall give bond, with sureties, to be approved by the Postmaster-General, for the safe custody and delivery of all letters, packets, and moneys received by him. SEC. 15. And be it further enacted, That all expenses for the letter Expenses of carriers, branch-offices, and receiving-boxes, or incident thereto, shall be branch-oflices, entered and reported in a separate account from the ordinary postal ex- &c., to be entered penses of such post-office, and shall be shown in comparison with the in separate acproceeds of the postages on local mail matter at each office, in order that the Postmaster-General may be guided in the expenditures for that branch of the postal service by income derived therefrom.

SEC. 16. And be it further enacted, That the eighth, eleventh, fourteenth, seventeenth, and eighteenth sections of the act entitled" An act to amend the laws relating to the Post Office-Department," approved March three, eighteen hundred and sixty-three, the provisions of which have been modified and incorporated in this act, be, and the same are hereby, repealed.

SEC. 17. And be it further enacted, That the special agent of the Post-
Office Department in the Pacific states and territories shall receive as
compensation five dollars per diem.
APPROVED, July 1, 1864.

letter-carriers,

count.

Repeal of act of 1863, ch. 71, §§ 8, 11, 14, 17, 18. Vol. xii. p. 701.

See ch. 241. Post, p. 382.

Pay of special agent in Pacific States, &c.

Post, p. 505.

CHAP. CXCVIII. - An Act making an additional Grant of Lands to the State of July 1, 1884. Kansas to aid in the Construction of Railroad and Telegraph Lines.

Lands granted to Kansas for rail

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, granted to the State of Kansas, to aid in the construction of a railroad and telegraph line from Emporia, via Council Grove, to a point near roads and teleFort Riley, on the branch Union Pacific Railroad, in said state, every graphs. alternate section of land designated by odd numbers for ten sections in width on each side of said road: Provided, That this grant shall be subject to all the provisions, restrictions, limitations, and conditions, in regard to conditions. to selection and location of lands and otherwise, of an act of congress 1863, ch. 98. approved March three, eighteen hundred and sixty-three, entitled "An Vol. xii. p. 772

Grant subject

Railroad to be act for a grant of lands to the State of Kansas, in alternate sections, a public highway. to aid in the construction of certain railroads and telegraphs in said state": Provided, That said railroad shall be a public highway and shall transport troops and munitions of war of the United States free of charge.

Route of a cer

telegraph

changed.

SEC. 2. And be it further enacted, That the branch railroad and teltain railroad and egraph from "Lawrence, by the valley of the Wakarusa River, to a point on the Atchison, Topeka, and Santa Fee railroad, where said road intersects the Neosho River," to aid in the construction of which a grant of lands was made by the said act of third of March, eighteen hundred and sixty-three, shall be so changed as to run from Lawrence to Emporia, and have and receive the grant of lands made by said act: Provided, That the line of railroad and telegraph from Leavenworth, by way of Lawrence and the Ohio City crossing of the Osage River, to the southern line of the state in the direction of Galveston Bay, shall run via Baldwin city.

Proviso.

July 1, 1864.

Preamble.

ciates may construct lines of telegraph to boundaries of

British America. 1860, ch. 137. Voi. xii. p. 41.

Right of way over public lands.

APPROVED, July 1, 1864.

CHAP. CXCIX.-An Act to encourage and facilitate Telegraphic Communication between the Eastern and Western Continents.

WHEREAS the governments of Russia and Great Britain have granted to Perry MacDonough Collins, a citizen of the United States, the right to construct and maintain a line of electric telegraph through their respective territories, from the mouth of the Amoor River, in Asiatic Russia, by way of Behring's strait and along the Pacific coast to the northern boundary of the United States, with a view of thereby uniting the telegraphic systems of both continents, and of promoting international and commercial intercourse; and whereas, the government of Russia, in furtherance of that object, is now constructing a line of telegraph through its Asiatic territory to unite at the mouth of the Amoor River with the line projected by said Collins; and whereas the government of the United States desires cordially to coöperate with Russia and Great Britain in the establishment and maintenance of such a line of communication; now, therefore

Be it enacted by the Senate and House of Representatives of the United Perry MacD. States of America in Congress assembled, That Perry MacDonough ColCollins and asso- lins, of California, his associates and assignees, shall have the right to construct and maintain a line or lines of telegraph from any point or points on the line of the Pacific telegraph, constructed in pursuance of the act of congress, approved June sixteen, eighteen hundred and sixty, northerly, through any of the territories of the United States, to the boundaries of British America, with such branch lines as may be needed to open communication with the various mining districts and other settlements in said territories. And for the purposes aforesaid, the said Collins, his associates and assignees, shall have a permanent right of way over any unappropriated public lands of the United States, together with the right to take any timber and stone for construction purposes; and for the purpose of establishing and maintaining said lines and the stations necessary for Grant of lands the repair and working thereof, there is hereby granted to said parties the use of so much unappropriated public lands not sold, granted, reserved, preëmpted, nor occupied by homestead settlers, as may be necessary for stations, not exceeding forty acres for each fifteen miles of line constructed across the public lands of the United States, so long as the same may be used for said purpose: Provided, however, that so much of section one of this act as authorizes the construction of telegraph lines to open communications with the various mining districts and other settlements in said territories, shall be null and void, unless said branch-lines shall be completed within five years from the approval hereof.

for stations.

Proviso.

SEC. 2. And be it further enacted, That in order to encourage and aid the construction of said line of telegraph beyond the limits of the United States, the Secretary of the Navy is authorized to detail for the use of the surveys and soundings along that portion of the Pacific coast both of America and Asia, where it is proposed to establish said telegraph, one steam or sailing vessel, in his discretion, to assist in surveys and soundings, laying down submerged cable, and in transporting materials connected therewith, and generally afford such assistance as may be deemed best calculated to secure a successful promotion of the enterprise.

Secretary of vessel to aid in Navy may detail laying telegraph.

Governmen co

use of lines.

SEC. 3. And be it further enacted, That the government of the United States shall, at all times, have priority in the use of the line or lines, so have priority in far as the same are within its territory, and shall have the right, when authorized by law, to connect said line or lines by telegraph with any military posts of the United States, and to use the same for government pur- Security from poses. And in order to secure the same from injury by savages or other injury by evil-disposed persons, to the interruption of the public business, the Sec- savages. retary of War is authorized to direct the commanders of the military districts or stations, and other officers, acting under authority of the United States in the territories traversed by said telegraph, to use any available force at their command to protect the same. Subject to the right of prior use by the government, as aforesaid, said line or lines shall be at all times

open to the public and to any other telegraph company upon the payment Lines to be of the regular charges for transmission of despatches, and all despatches open to public. received shall be transmitted over said line and lines in the order of their reception at the telegraphic office; and the answers to said despatches shall be delivered to such parties as may be directed by the sender.

Act may be

SEC. 4. And be it further enacted, That the better to accomplish the object of this act, namely, to promote the public interest and welfare, by altered, &c. facilitating international and commercial intercourse between the eastern and western continents in the construction of said telegraph, and keeping the same in working order, and to secure to the government at all times, but particularly in time of war, the use and benefits of the same for diplomatic, naval, military, postal, commercial, and other purposes, congress may, at any time, add to, alter, amend, or repeal this act.

for messages.

Despatches for

SEC. 5. And be it further enacted, That the rate of charges for public Rate of charges or private messages shall not exceed on said line the average usual rates in Europe and America for the same service, or such rates as shall be ascertained and fixed by a convention between the United States, Russia, and Great Britain: Provided, That it shall not be lawful for the owners or officers of said telegraph line to make any contract, either directly or newspapers, &c., through any intervening party or parties, for the transmission of de- all. spatches for any newspaper or newspaper association, upon terms different from those open to the enjoyment of all other newspapers or newspaper associations.

APPROVED, July 1, 1864.

CHAP. CC.- An Act repealing so much of "An Act to supply Deficiencies in the Appropriations for the Service of the Fiscal Year ending the thirtieth of June, eighteen hundred and sixty-four, and for other Purposes," approved March fourteen, eighteen hundred and sixty-four, as appropriates twenty-five thousand Dollars for erecting a Naval Hospital at Kittery, Maine."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of "An act to supply deficiencies in the appropriations for the service of the fiscal year ending the thirtieth of June, eighteen hundred and sixty-four, and for other purposes," approved, March fourteen, eighteen hundred and sixtyfour, as appropriates "for erecting naval hospital at Kittery, Maine, twenty-five thousand dollars," be, and the same is hereby, repealed. APPROVED, July 1, 1864.

to be same for

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July 1, 1864.

Persons in

military service,

how transferred

to naval service.

Proviso.

Seamen, &c., drafted into military service may be transferred to

naval service.

Enlistments in

СНАР. ССІ.

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An Act to provide for the Efficiency of the Navy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person enlisted in the military service of the United States, who shall apply to the Navy Department to be transferred to the navy or marine corps shall, if his application be approved by the President of the United States, be transferred to the navy or marine corps to serve the residue of his term of enlistment therein, subject to the laws and regulations for the government of the navy: Provided, That such transfer shall not release the transferred person from any indebtedness to the government, nor, without the consent of the President of the United States, from, any penalty incurred for a breach of military law.

SEC. 2. And be it further enacted, That any seaman or mariner, or person who may have served as such, drafted into the military service, may, by order of the President of the United States, be transferred to the naval service, to serve therein, subject to the laws and regulations for the government of the navy, for the term, or residue of the term, for which he was drafted.

SEC. 3. And be it further enacted, That all enlistments into the naval to navy or marine service or marine corps during the present war shall be credited to the appropriate township, precinct, or district, in the same manner as enlistments for the army.

corps, how credited.

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July 1, 1864.

Portland and Leavenworth made ports of delivery.

Surveyors authorized.

SEC. 4. And be it further enacted, That persons hereafter enlisted into the naval service or marine corps during the present war shall be entitled to receive the same bounty as if enlisted in the army. And the resolution approved February twenty-four, eighteen hundred and sixty-four, entitled "A resolution relative to the transfer of persons in the military service to the naval service," is hereby repealed: Provided, nevertheless, That such sums as may have been paid as bounty to persons transferred from the military to the naval service or marine corps shall be charged to, and paid out of, the proper naval appropriation, or appropriation for the marine corps.

APPROVED, July 1, 1864.

CHAP. CCII. - An Act to establish Portland, in the State of Oregon, and Leavenworth, in the State of Kansas, Ports of Delivery.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Portland, in the State of Oregon, and within the collection district of Oregon, and Leavenworth, in the State of Kansas, and within the collection district of Mississippi, be, and hereby are, declared to be ports of delivery within their respective collection districts. And there shall be appointed a surveyor of customs, to reside at each of said ports, who shall perform the duties and receive 1831, ch. 87. the compensation and emoluments prescribed in the act of congress apVol. iv. p. 480. proved March the second, eighteen hundred and thirty-one, being "An act allowing the duties on foreign merchandise imported into Pittsburg, Wheeling, Cincinnati, Louisville, St. Louis, Nashville, and Natchez to be secured and paid at those places." APPROVED, July 1, 1864.

July 1, 1864.

Appropriation to pay the officers, &c., of the Essex,

CHAP. CCIII. —An Act to compensate the Officers and Crew of the iron-clad Gunboat
Essex for the Destruction of the rebel Ram Arkansas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of twenty-five thousand dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, to enable the Secretary of the Navy to pay to the officers and crew of the iron-clad gunboat Essex, for the destruction of the rebel ram Arkansas, the bounty provided

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