13. Assistant postmasters and clerks regularly employed and engaged in post offices, 2 July 1836 ₹ 34 shall be exempt from militia duty, and serving on juries, and from any fine or penalty for neglect thereof.

14. No person shall hold the office of postmaster who shall not be an actual resident of the city or town wherein the office is situated, or the district of country usually supplied by said office.

Ibid. 36.

Ibid. 37.

be released.

15. When any one or more of the sureties of a postmaster shall notify to the postmaster-general their desire to be released from their suretyship, or when the postmaster- How postmasgeneral shall deem it necessary, he shall require the said postmaster to execute a new ters' sureties may bond with security; which, when accepted by the postmaster-general, (a) shall be as valid as the bond given upon the original appointment of said postmaster, and the sureties in New bond to be given. the prior bond shall be released from responsibility for all acts or defaults of said postmaster, which may be done or committed subsequent to the acceptance of the new bond, the date of which shall be indorsed thereon: Provided, That payments made subsequent Appropriation of to the execution of the new bond by said postmaster, shall be applied first to discharge, subsequent payany balance which may be due on the old bond, unless he shall, at the time of payment, expressly direct them to be applied to the credit of his new account.(b)

16. In case of the death, resignation or absence of the postmaster-general, all his powers and duties shall devolve, for the time being, on the first assistant postmastergeneral.

ments.

Ibid. 2 40.

Ibid. 2 43.

17. The following annual salaries shall be allowed to the assistant postmasters-general, and to the clerks, messengers and watchmen provided for the service of the post office Salaries in the department, viz.:

To the three assistant postmasters-general, each twenty-five hundred dollars. (c)

To the chief clerk, two thousand dollars. (d)

[To the three principal clerks, each one thousand six hundred dollars.

To ten clerks, each one thousand four hundred dollars.

To fifteen clerks, each one thousand two hundred dollars.

To eight elerks, each one thousand dollars.](e)

To the messenger, seven hundred and fifty dollars.

To the three assistant messengers, each three hundred and fifty dollars.(g)

To the two watchmen, each three hundred dollars.

18. The following annual salaries shall be allowed to the auditor of the post office

post office depart ment.

Ibid. 44.

department, and to the clerks and messengers herein provided for the service of his In the office of office, viz.:

the auditor.

To the auditor, three thousand dollars.

To the chief clerk, two thousand dollars.

[To the four principal clerks, each one thousand six hundred dollars.

To ten clerks, each one thousand four hundred dollars.

To twenty clerks, each one thousand two hundred dollars.

To eight clerks, each one thousand dollars.](h)

To the messenger, seven hundred and fifty dollars; and to the assistant messenger,

three hundred and fifty dollars.(i)

9 Stat. 153.

19. That the postmaster-general be and he is hereby authorized to employ, when the 2 March 1847 & L service may require it, the assistant postmasters-general, as special agents, and to make them compensation and allowance therefor, not to exceed the amount expended by said Assistant postagents as necessary travelling expenses while so employed.

20. The assistant messengers of the post office department shall be entitled to an annual salary of four hundred and fifty dollars.

masters general.

Ibid. § 3.

9 Stat. 593.

21. The postmaster-general is hereby authorized to allow hereafter to the special agents 3 March 1851 24. of the post office department, the annual salary of sixteen hundred dollars: Provided, That no more shall be expended for this purpose during the present year, than is already Special agents. appropriated in this act.

10 Stat. 255.

22. Hereafter as the office of assistant postmaster-general, or either of them, shall be 3 March 1853 ? 5. vacated, the appointment of his successor shall be made by the president of the United States, by and with the advice and consent of the senate.

(a) For the security of the sureties in the previous obligation, the date of the acceptance should be indorsed; yet the parties to the new bond are bound by an acceptance in fact, and such acceptance may be shown as any other fact is required to be. 4 Opin. 187. See Bank of the United States v. Dandridge, 12 Wh. 64. (b) See Boody v. United States, 1 W. & M. 150.

(c) By act 22 April 1854 3, the assistant postmasters-general are to receive the same salary as the assistant secretary of the treasury. 10 Stat. 276. This is fixed at $3000 per annum, by act 8 March 1949 13. 9 Stat. 396-7.

$2200 by act 3 March 1853. See tit. "Clerks," 12.

For the number, classification, and salaries of the clerks in the post office department, see tit. “Clerks,” 6, 11, 14, 16. By act 22

2 July 1836
5 Stat. 84.

Report of con

tracts.

22.

Report of allow

ances.

Report of inci

II. ANNUAL REPORTS TO CONGRESS. (a)

23. It shall be the duty of the postmaster-general to make to congress, at each annual session thereof, the following several reports:—

I. A report of all contracts made for the transportation of the mail within the preced ing year, stating in each case of contract its date and duration, the name of the contractor, the route or routes embraced in the contract, with the length of each, with the times of arrival and departure at the ends of each route, the mode of transportation contracted for, and the price stipulated to be paid by the department; also a statement of all such land and water mails as may have been established or ordered by the department within the year preceding, other than those let to contract at the annual lettings of mail contracts, specifying, in each case, the route or watercourse on which the mail is established, 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.

II. A report of all allowances made to contractors within the year preceding beyond the sums originally stipulated in their respective contracts, and the reasons for the same; and of all orders made by the department, whereby additional expense is or will be incurred beyond the original contract price on any land or water route, specifying, in each case, the route to which the order relates, the name of the contractor, the original service provided by the contract, the original price, the date of the order for additional service, the additional service required, and the additional allowance therefor; also, a report of all curtailments of expenses effected by the department within the preceding year, specifying, in each case, the same particulars as required in cases of additional allowances.

III. A report of all incidental expenses of the department for the year ending on the dental expenses. thirtieth day of June preceding, arranged according to their several objects as for "wrapping paper," "office furniture," "advertising," "mail bags,"

Report of finan.

Rej rt of fines, &c.

2 July 1836 2 1. 5 Stat. 80.

Ibid. 2. Estimates to be

gress.

66

blanks," "mail

locks, keys and stamps," ""mail depredations, and special agents,'
""clerks for offices,"
miscellaneous," showing the sum paid under each head of expenditures, and the names
of the persons to whom paid; except only that the names of persons employed in detect
ing depredations on the mail, and other confidential agents, need not be disclosed in
said report.

IV. A report of the finances of the post office department for the year ending on the thirtieth day of June preceding, showing the whole amount of balances due to the department at the beginning of the year, from postmasters and all others, the whole amount of postage that accrued within the year, the whole amount of the engagements and liabilities of the department for mail transportation during the year, the amount actually paid during the year, for and on account of mail transportation, and otherwise, stating separately so much of the said amount as may have been paid on account of the transportation of the mail, and for other debts for the same object, in preceding years. V. A report of all fines imposed, and deductions from the pay of contractors made during the preceding year, for failures to deliver the mail, or for any other cause, stating the names of the delinquent contractors, the nature of the delinquency, the route on which it occurred, the time when it occurred, the time when the fine was imposed, and whether the fine has been remitted, or order for deduction rescinded, and for what reason, III. ACCOUNTS OF THE POST office.

24. The revenues arising in the post office department, and all debts due to the same, shall, when collected, be paid, under the direction of the postmaster-general, into the treasury of the United States. (b)

25. The postmaster-general shall submit to congress at the next, and each succeeding annual session, specific estimates of the sums of money expected to be required for the submitted to con- service of the department in the subsequent year, commencing on the first day of July, under the following heads, viz.: "compensation of postmasters," "transportation of the mails," "ship, steamboat and way letters," "wrapping paper,' ‚" "office furniture,” “advertising," ,” “mail bags," "blanks," "mail locks, keys and stamps," "mail depredations and special agents," "clerks for offices," and "miscellaneous." And the postmaster. general shall render an account to congress, at each succeeding annual session, of the amounts actually expended for each of the purposes above specified.

Ibid. 23.

26. The aggregate sum required "for the service of the post office department,” in each year, shall be appropriated by law out of the revenue of the department; and all payments of the receipts of the post office department into the treasury, shall be to Dues of the post the credit of the said appropriation.(c)

Appropriations from the reve

office.

(a) See infra, 61. (b) This does not require each payment to be carried in by a separate warrant, but they may be carried in quarterly by large covering warrants." Boody v. United States, 1 W. & M. 151. (c) The costs of suits for the recovery of debts and penalties due the post office department, and arising under the laws for its

government, are payable out of the funds of the department, and not out of the judiciary fund. 4 Opin. 301. Aud so are the costs of suits instituted against postmasters and their sureties for debts and penalties. It is different. however, with costs incurred in criminal prosecutions. Ibid. 328.

27. The sums appropriated for the service aforesaid shall be paid by the treasurer in 2 July 1836 3 4. the manner herein directed: Provided, That the compensation of postmasters, the expenses Payments, how of post offices, and such other expenses of the department for which appropriations have made. 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 provided also, That all Allowances. charges against the department by postmasters, on account of such expenses, shall be submitted for examination and settlement to the auditor herein provided for; and that no such deduction shall be valid, unless the expenditure so deducted be found to have been made in conformity to law: And provided also, That the postmaster-general shali Transfers of have power to transfer debts due on account of the department, by postmasters and others, in satisfaction of the legal demands for which appropriations have been made, of such contractors who may be creditors of the department, as shall have given bonds, with security, to refund any moneys that may come into their hands over and above the amount which may be found due to them on the settlement of their accounts.

debts.

Ibid. 25.

28. The treasurer of the United States shall give receipts for all moneys received by him to the credit of the appropriations for the service of the post office department; Treasurer's rewhich receipts shall be indorsed upon warrants drawn by the postmaster-general, and ceipts. without such warrant, no acknowledgment for money received as aforesaid shall be valid.

Ibid. 26.

Disbursements

29. The appropriations for the service of the post office department shall be disbursed by the treasurer out of the moneys paid into the treasury for the service of the post office department, upon the warrants of the postmaster-general, registered and countersigned on warrants of as herein provided, and expressing on their faces the appropriation to which they should ral. be charged.

postmaster-gene

30. The treasurer shall render his accounts of the moneys received and paid by him Ibid. 27. on account of the post office department, quarterly, to the auditor for the post office. Treasurer's ac department, hereinafter provided for; and shall transmit copies of the same, when counts. adjusted by him, to the two houses of congress.

Ibid. 28.

Appointment of

auditor.

31. There shall be appointed by the president, with the consent of the senate, an auditor of the treasury for the post office department ;(a) whose duty it shall be to receive all accounts arising in the said departments, or relative thereto, to audit and settle the auditor. same, and certify their balances to the postmaster-general: Provided, That if either the postmaster-general, or any person whose account shall be settled, be dissatisfied therewith, he may, within twelve months, appeal to the first comptroller of the treasury, whose Appeals. decision shall be final and conclusive. The said auditor shall report to the postmaster- Duties of the general, when required, the official forms of papers to be used by postmasters, and other officers or agents of the department concerned in its receipts and payments, and the manner and form of keeping and stating its accounts. He shall keep and preserve all accounts, with the vouchers, after settlement. He shall promptly report to the postmaster-general all delinquencies of postmasters in paying over the proceeds of their offices. He shall close the accounts of the department quarterly, and transmit to the secretary of the treasury quarterly statements of its receipts and expenditures. He shall register, charge and countersign, all warrants upon the treasury for receipts and payments issued by the postmaster-general, when warranted by law. He shall perform such other duties in relation to the financial concerns of the department, as shall be assigned to him by the secretary of the treasury; and shall make to them respectively, such reports as either of them may require respecting the same. The said auditor may Franking privifrank, and receive free of postage, letters and packets under the regulations provided by law for other officers of the government. And all letters and packets to and from the chief engineer which may relate to the business of his office shall be free of postage. 32. It shall be the duty of the postmaster-general to decide on the official forms of all papers to be used by postmasters and other officers or agents of the post office depart- Duties of the ment, concerned in its receipts and payments, and the manner and form of keeping and postmaster-gene stating its accounts; to enforce the prompt rendition of the returns of postmasters, and of all certificates, acknowledgments, receipts and other papers, by postmasters and contractors, relative to the accounts of the department; to control, according to law, and subject to the settlement of the auditor, the allowances to postmasters, the expenses of post offices, and all other expenses incident to the service of the department; (b) to regulate and direct the payment of the said allowances and expenses for which appropriations have been made; to superintend the disposition of the proceeds of post offices and other moneys of the department; to prescribe the manner in which postmasters shall pay over their balances; to grant warrants for money to be paid into the treasury and out of the same, in pursuance of appropriations by law, to persons to whom the same shall

(a) The auditor of the treasury for the post office department has direct official relation to both the treasury and post office departments. 7 Opin. 439. (b) See 5 Opin. 246.

lege.

ral.

Ibid. 29.

2 July 1836.

When to make

advances to agents.

Ibid. 10. Covering war

rants to be issued quarterly on certificate of the auditor.

Ibid. 11.

Duplicate con tracts to be lodged with auditor.

be certified to be due by the said auditor: Provided, That advances of necessary sums to defray expenses may be made by the postmaster-general to agents of the department employed to investigate 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 accounted for in the settlement of their accounts.

33. The auditor for the post office department shall state and certify quarterly, to the postmaster-general, accounts of the moneys paid pursuant to appropriations, in each year, by postmasters, out of the proceeds of 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-general shall issue warrants to the treasurer 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 debit of the appropriation for the service of the post office department, on the books of the auditor for said department (a)

34. The postmaster-general shall, within sixty days after the making of any contract, cause a duplicate thereof to be lodged in the office of the auditor of the post office department. Upon the death, resignation or removal of any postmaster, he shall cause his bond of office to be delivered to the said auditor; and shall also cause to be promptly certified to him all establishments and discontinuances of post offices, and all appointments, deaths, resignations and removals of postmasters, together with all orders and &c., to be certi- regulations which may originate a claim, or in any manner affect the accounts of the department.

Bonds of post

masters.

Appointments,

fied to him.

Ibid. ? 12.

35. The accounts of the post office department shall be kept in such manner as to How accounts to exhibit the amounts of its revenues, derived respectively from "letter postages," "newsbe kept. papers and pamphlets," and "fines;" and the amount of its expenditures for each of the following objects, namely: "compensation of postmasters," "transportation of the mails," ship, steamboat and way letters," "wrapping paper,' ""office furniture," "advertising," "mail bags," "blanks, mail locks, keys and stamps," "mail depredations and special agents," "clerks for offices," and "miscellaneous."

Ibid. 13. Form of contracts.

66

36. The bonds and contracts of postmasters, mail contractors and other agents of the post office department, shall hereafter be made to and with the United States of America. And all suits to be commenced for the recovery of debts or balances due by postmasters How suits to be and others, or upon bonds or contracts made to or with the present or any former postDrought.

Ibid. 14.

Anditor to superintend collections, &c.

Ibid. 2 15.

dence.

master-general, or for any fines, penalties or forfeitures, imposed by the laws respecting the post office department, or by the postmaster-general pursuant thereto, shall be instituted in the name of the United States of America. And the demands in such suits shall have all the privileges and priorities in adjudication and payment secured 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-general previous to the passage of this act, shall not be affected by the provisions of this section.

37. The auditor for the post office department shall superintend the collection of all debts due to the department, and all penalties and forfeitures imposed on postmasters, for failing to make returns, or pay over the proceeds of their offices; he shall direct suits and legal proceedings, and take all such measures as may be authorized by law, to enforce the prompt payment of moneys due to the department.

38. Copies of the quarterly returns of postmasters, and of any papers pertaining to the accounts in the office of the auditor for the post office department, certified by him Certified copies of papers to be evi- under his 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 certified copies of all papers in his office, tending to sustain the claim; and in every such case, a statement of the account, certified as aforesaid, shall be admitted as evidence ; (b) and the court trying the cause shall be thereupon authorized to give judgment and award execution, subject to the provisions of the 38th section of the act to reduce into one the several acts establishing and regulating the post office department, approved March 3d, 1825.(-) What credits to No claim for a credit shall be allowed upon the trial but such as shall have been presented to the said auditor, and by him disallowed in whole or in part, unless it shall be proved to the satisfaction of the court that the defendant is, at the time of the trial, in possession of vouchers not before in his power to procure, and that he 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 per cent. per annum, shall be recovered from the time of the default until payment.

be allowed.

Interest.

(a) See supra, 24, note (b). (b) Transcripts of the quarterly returns of a postmaster, as corrected by the auditor, and of the accounts based thereon, are admissible in evidence, in an action against the postmaster and

the sureties in his official bond, though credits claimed by him
and rejected, do not appear in such account. United States B.
Hodge, 13 How. 478.
(c) See supra, 10.

39. The attorneys of the United States, in the prosecution of suits for moneys due on 2 July 1836 2 16. account of the post office department, shall obey the directions which may, from time to Duties of district time, be given to them by the auditor for the post office department; and it shall be the attorneys. duty of each of the said attorneys, immediately after the end of every term of any court in which any of the suits aforesaid shall have been pending, to forward to the said auditor a statement of all the judgments, orders and steps which have been made or taken in the same, during the said term, accompanied by a certificate of the clerk, showing the parties to, and amount of, each judgment, with such other information as may be required by the said auditor. The said attorneys shall direct speedy and effectual process of execution upon the said judgments; and it shall be the duty of the marshals And 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, returns of the proceedings which have taken place upon the said process of execution.

Ibid. 17.

recovered back.

40. In all cases where any sum or sums of money have been paid out of the funds of the post office department to any individual or individuals, under pretence that service Moneys wronghas been performed therefor, when in fact such service has not been performed; or by way fully paid may bo of additional allowance for increased service actually rendered, when the additional allowance exceeds the sum which, by the provisions of law, might rightfully have been allowed therefor; and in all other cases where the moneys of the department have been paid over to any person in consequence of fraudulent representations, or by the mistake, collusion or misconduct of any officer or clerk of the department; it shall be the duty of the postmaster-general to cause suit to be brought in the name of the United States of America, to recover back the same, or the excess, as the case may be, with interest thereon. (a)

Tbid. 18.

41. The auditor for the post office department shall adjust and settle all balances due from postmasters on account of transactions prior to the first day of July 1836. He Auditor to adjust shall, when necessary, institute suits for the same, and cause them to be effectually pro- prior balances. secuted to judgment and execution; and in cases in which proceedings at law for these or any other balances that are or may become due on account of the post office depart- Proceedings In equity. ment, have been or 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 proper exercise of the powers of equity, to have satisfaction of the said judgments. And the courts of the United States, sitting in chancery, shall have jurisdiction to entertain such bills, and make such decrees and orders thereupon as may be consonant to the principles and usages of equity.

Ibid. 19.

42. 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 United States, by him especially desig- who may adnated, shall be authorized to administer oaths and affirmations, in relation to the minister oaths. examination and settlement of the accounts committed to his charge. And if any person

shall knowingly swear or affirm falsely, touching the expenditures of the post office False swearing to department, or in relation to any account of, or claim against, or in favor of, the said be perjury. department, he or she shall, upon conviction thereof, suffer as for wilful and corrupt

perjury.

9 Stat. 593.

ral to prescribe

the auditor.

43. In all cases of fine, penalty, forfeiture or disability, or alleged liability for any 3 March 1851 § 3. sum or sums of money, by way of damages or otherwise, under any provision of law relating to the post office department, or the officers, operations or business thereof, the Postmaster-gene postmaster-general shall be and he is hereby authorized to prescribe such general rules regulations for and mode of proceeding, as shall to him appear expedient for the government of the government of auditor of the post office department, in ascertaining the facts in each case in which it shall be certified to him by such auditor, that the interests of the department probably require the exercise of the power conferred by this act. And upon the facts being ascer- Remission of fines, &c. tained as aforesaid, the said auditor shall have power, with the written consent of the postmaster-general, to mitigate or remit such fine, penalty or forfeiture, remove such disability, and to compromise, release and discharge such claims for such sum or sums of money and damages, on such terms as the said auditor shall deem just and expedient. And in all cases where a judgment shall have been obtained for a debt or damages Judgments may be compromised due the post office department. and it shall satisfactorily appear, by the return of execution, or otherwise, that such judgment, or so much thereof as remains unpaid, cannot be collected by due process of law, the said auditor shall be and he is hereby authorized, with the written consent of the postmaster-general, to compromise such judgment and accept in satisfaction thereof, less than the amount of such judgment: [Provided, That the power conferred by this section shall not extend to any case of fine, penalty, forfeiture, disability, alleged liability or claim which shall be incurred, accrue or arise subsequent to the passage of this act, or to any judgment obtained after the passage thereof.](6) (a) See United States v. Brown, 9 How. 487.

(b) This proviso is repealed by act 18 August 1856 2 10. 11 Stat. 95.