1 (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 whenever 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, on 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, incurred 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 (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 officer 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 (ACT of April 18th, 1814.) the contrary, notwithstanding; and also the bonds which they, or either of them, have given, or may give, for the faithful execution of their several duties and offices, shall continue to have the same force and effect, to all intents and purposes, as though this act had not been made. ACT of February 27, 1813. 4 Bioren, 508. An act in addition to an act regulating the post office establishment. 35. SEC. 1. The postmaster general is hereby authorised, to contract for carrying mails of the United States in any steam boat or boats, which are or may be established to ply between one post town and another post town: Provided, That such contract shall not be made for a longer period than four years: And provided also, That the pay for such service shall not be at a greater rate, taking into consideration distance, expedition, and frequency, than is paid for carrying the mail by stages, on the post road or roads adjacent to the course of such steam boats. ACT of January 14, 1813, 4 Bioren, 486. 36. SEC. 1. The president of the United States, during the existence of the war in which the United States are engaged, or of any war in which they may be engaged, shall be, and is hereby, authorised to direct the postmaster general to send a mail between the headquarters of any army of the United States and such post office as he may think proper; and the route or road on which the same shall be conveyed, shall, to all intents and purposes, be an established post road, so long as the mail shall be sent on the same, conformably to the authority hereby given. ACT of April 18, 1814. 4 Bioren, 699. 37. SEC. 111. The postmaster general shall cause a mail to be carried from the nearest post office on any established post road, to the court house of any county which is now, or may hereafter be, established in any of the states or territories of the United States, and which is not, or will not otherwise be accommodated with the mail: and the road on which the same shall be so carried, shall thereupon become a post road, and so continue, until other provision shall be made by law for the accommodation thereof with the mail. 38. SEC. IV. The secretary of state is hereby authorised to transmit by mail, free of postage, one copy of the documents hereafter mentioned, being on subjects of a general nature, and which may be ordered to be printed by either house of congress, namely, of communications, with the accompanying documents, made by the president of the United States to congress, or either house thereof; of reports made by the secretary of state, by the secretary of the treasury, by the secretary of war, by the secretary of the navy, by the postmaster general, by the commissioners of the sinking fund, to congress, or either house thereof, in pursuance of any law or resolution of either house; affirmative (ACT of April 9th, 1816.) reports on subjects of a general nature made to congress, or either house thereof, by any committee, respectively; for each of the judges of the supreme court, and of the district courts, and of the territories of the United States, to any post office within the United States, they may, respectively, designate. ACT of February 27, 1815. 4 Bioren, 816. 39. SEC. I. The postmaster general shall be authorised to have the mail carried in any steam boat, or other vessel, which shall be used as a packet, in any of the waters of the United States, on such terms and conditions as shall be considered expedient: Provided, That he do not pay more than three cents for each letter, and each packet, and more than one half cent for each newspaper, conveyed in such mail. SEC. IV. It shall be the duty of every master or manager of any steam boat, packet, or other vessel, which shall pass from one part or place to another part or place, in the United States, where a post office is established, to deliver, within three hours after his arrival, if in the day time, and within two hours after the next sunrise, if the arrival be in the night, all letters and packets addressed to, or destined for, such port or place, to the postmaster there, for which he shall be entitled to receive of such postmaster two cents for every letter or packet so delivered, unless the same shall be carried or conveyed under a contract with the postmaster general; and if any master or manager of a steam boat, or other vessel, shall fail so to deliver any letter, or packet, which shall have been brought by him, or shall have been in his care, or within his power, he shall incur a penalty of thirty dollars for every such failure. SEC. v. Every person employed on board any steam boat, or other vessel employed as a packet, shall deliver every letter, and packet of letters, intrusted to such person, to the master or manager of such steam boat, or other vessel, and before the said vessel shall touch at any other port or place; and for every failure, or neglect so to deliver, a penalty of ten dollars shall be incurred for each letter and packet. ACT of April 9, 1816. Pamphlet edit. 26. An act in addition to an act to regulate the post office establishment. 40. SEC. 1. From and after the first day of May next, the following rates of postage shall be charged upon all letters and packets, (excepting such as are now excepted by law) conveyed by the posts of the United States, viz: For every letter composed of a single sheet of paper, conveyed not exceeding thirty miles, six cents; over thirty and not exceed ing eighty, ten cents; over eighty and not exceeding one hundred and fifty, twelve and a half cents; over one hundred and fifty and not exceeding four hundred, eighteen and a half cents; over four hundred miles, twenty-five cents; and for every double letter, or (ACT of April 10th, 1812.) letter composed of two pieces of paper, double those rates; and for every triple letter, or one composed of three pieces of paper, triple those rates; and for every packet composed of four or more pieces of paper, or one or more other articles, and weighing one ounce avoirdupois, quadruple those rates: and in that proportion for all greater weights: Provided, That no packet of letters conveyed by the water mails shall be charged with more than quadruple postage, unless the same shall contain more than four distinct letters. No postmaster shall be obliged to receive, to be conveyed by the mail, any packet which shall weigh more than three pounds; and the postage marked on any letter or packet, and charged in the post bill which may accompany the same, shall be conclusive evidence, in favour of the postmaster who delivers the same, of the lawful postage thereon, unless such letter or packet shall be opened in presence of the postmaster or his clerk. Every four folio pages, or eight quarto pages, or sixteen octavo pages, of a pamphlet or magazine, shall be considered a sheet, and the surplus pages of any pamphlet or magazine shall also be considered a sheet; and the journals of the legislatures of the several states, not being stitched or bound, shall be liable to the same postage as pamphlets. Any memorandum which shall be written on a newspaper, or other printed paper, and transmitted by mail, shall be charged letter postage; and any person who shall deposit such memorandum in any office for the purpose of defrauding the revenue, shall forfeit, for every such offence, the sum of five dollars. 41. SEC. II. The postmaster general is hereby authorised, to allow to each postmaster such commission on the postages by him collected, as shall be adequate to his services: Provided, That his commission shall not exceed the following several rates on the amount received in one quarter; that is to say: On a sum not exceeding one hundred dollars, thirty per cent. On any sum over and above the first hundred dollars, and not exceeding four hundred dollars, twenty-five per cent. On any sum over and above the first four hundred dollars, and not exceeding two thousand four hundred dollars, twenty per cent. On any sum over and above the first two thousand four hundred dollars, eight per cent. Except to the postmasters who may be employed in receiving and despatching foreign mails, whose compensation may be augmented not exceeding twenty-five dollars in one quarter; and excepting to the postmasters at offices where the mail is regularly to arrive between the hours of nine o'clock at night and five o'clock in the morning, whose commission, on the first hundred dollars collected in one quarter, may be increased to a sum not exceeding fifty per cent. |