Postage on printed matter. 30 August 1852. shall be as follows, to wit: Each newspaper, (a) periodical, unsealed circular, or other article of printed matter, not exceeding three ounces in weight, shall be sent to any part of the United States for one cent, and for every additional ounce, or fraction of an ounce, one cent additional shall be charged; and when the postage upon any newspaper or periodical is paid quarterly or yearly in advance, at the office where the said periodical or newspaper is delivered, or is paid yearly or quarterly in advance, at the office where the same is mailed, and evidence of such payment is furnished to the office of delivery in such manner as the post office department shall by general regulations prescribe, onehalf of said rates only shall be charged. Newspapers and periodicals, not weighing over one ounce and a half, when circulated in the state where published, shall be charged one-half of the rates before mentioned: Provided, That small newspapers and periodicals, published monthly or oftener, and pamphlets not containing more than sixteen octavo pages each, when sent in single packages, weighing at least eight ounces, to one address, and prepaid by affixing postage stamps thereto, shall be charged only half of a cent for cach ounce, or fraction of an ounce, notwithstanding the postage calculated on each separate article of such package would exceed that amount. The postage on all transient matter shall be prepaid by stamps or otherwise, [or shall be charged double the rates first above mentioned.] (b) Transient mat ter. Ibid. 2. Postage on books. 179. Books, bound or unbound, not weighing over four pounds, shall be deemed mailable matter, and shall be chargeable with postage at one cent an ounce for all distances under three thousand miles, and two cents an ounce for all distances over three thousand miles, to which fifty per cent. shall be added in all cases where the same may be sent without being prepaid; and all printed matter, chargeable by weight, shall be weighed when dry. The publishers of newspapers and periodicals may send to each other from their respective offices of publication, free of postage, one copy of each pubBills and receipts. lication; and may also send to each actual subscriber, enclosed in their publications, bills Weekly news- and receipts for the same, free of postage. The publishers of weekly newspapers may send to each actual subscriber within the county where their papers are printed and published, one copy thereof free of postage. Publishers' exchanges. papers to subscribers within the county. 3 March 1855 1. 10 Stat. 641. Rates of postage. Double letters, &c. 180. In lieu of the rates of postage now established by law, there shall be charged the following rates, to wit: For every single letter in manuscript, or paper of any kind in which information shall be asked for or communicated in writing, or by marks or signs, conveyed in the mail for any distance between places in the United States not exceeding three thousand miles, three cents; and for any distance exceeding three thousand miles, ten cents. And for a double letter there shall be charged double the rate above specified; and for a treble letter, treble those rates; and for a quadruple letter, quadruple those rates; and every letter or parcel not exceeding half an ounce in weight shall be deemed a single letter; and every additional weight of half an ounce, or additional weight of less Postage to be pre- than half an ounce, shall be charged with an additional single postage. And upon all paid. letters passing through or in the mail of the United States, excepting such as are to or from a foreign country, the postages as above specified shall be prepaid, except upon letters and packages addressed to officers of the government on official business, which shall be so marked on the envelope. And from and after the first day of January 1856, placed on all pre- the postmaster-general may require postmasters to place postage stamps upon all prepaid letters upon which such stamps may not have been placed by the writers. Stamps to be paid letters. Drop letters. Advertised letters. 2 Jan. 1857 1. 11 Stat. 153. And all drop letters, or letters placed in any post office not for transmission through the mail, but for delivery only, shall be charged with postage at the rate of one cent each; and all letters which shall hereafter be advertised as remaining over, or uncalled for, in any post office shall be charged with one cent each, in addition to the regular postage, both to be accounted for as other postages now are. 181. That the provision in the act approved August 30, 1852, entitled "An act to amend the act entitled an act to reduce and modify the rates of postage in the United Transient matter States, and for other purposes, passed March 3, 1851," permitting transient printed to be prepaid. 8 March 1825 30. 4 Stat. 111. matter to be sent through the mail of the United States without prepayment of postage, be and the same is hereby repealed. And the postage on all such transient matter shall be prepaid by stamps or otherwise, as the postmaster-general may direct. XI. NEWSPAPERS AND PERIODICALS. 182. 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 Penalty for de the like, or shall open, or permit any other to open any mail, or packet of newspapers, taining news papers, &c. not directed to the office where he is employed, such offender shall, on conviction thereof, being directed to such person, or not being authorized to receive or open the same, such 3 March 1825. offender shall, on the 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 news- For stealing, &c. papers 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 labor during the period of such imprisonment. 183. If any person shall enclose or conceal a letter or other thing, or any memorandum Penalty for con cealing letters, in writing, in a newspaper, pamphlet or magazine, or in any package of newspapers, &c, in newspa pamphlets or magazine, or make any writing or memorandum thereon, which he shall pers. 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 is composed. No newspapers How newspapers shall be received by the postmasters, to be conveyed by post, unless they are sufficiently dried and enclosed in proper wrappers, on which, besides the direction, shall be noted the number of papers which are enclosed for subscribers, and the number for printers: Provided, That the number need not be indorsed, if the publisher shall agree to furnish the postmaster, at the close of each quarter, a certified statement of the number of papers sent in the mail, chargeable with postage. to be put up. may be carried 184. The postmaster-general, in any contract he may enter into for the conveyance of Newspapers, &?. the mail, may authorize the person with whom such contract is to be made, to carry out of the mail. newspapers, magazines and pamphlets, other than those conveyed in the mail: (a) Provided, That no preference shall be given to the publisher of one newspaper over that of another in the same place. 5 Stat. 737. ed newspapers. 185. The term "newspaper," herein before used, shall be and the same is hereby 3 March 1845 2 16. defined to be any printed publication, issued in numbers, consisting of not more than two sheets, and published at short stated intervals of not more than one month, convey- What to be deem ing intelligence of passing events, and bonâ fide extras and supplements of any such publication. (b) And nothing herein contained shall be so construed as to prevent the Exchanges. free exchange of newspapers between the publishers thereof, as provided for under the 29th section of the act entitled "An act to reduce into one the several acts for establishing and regulating the post office department, approved the 3d day of March 1825." (c) 186. It shall be lawful for any contractor or mail carrier to transport newspapers out 3 March 1847 2 13. of the mail for sale or distribution to subscribers; and the postmaster-general shall have authority to pay or cause to be paid a sum not exceeding two cents each, for all letters Conveyance of or packets conveyed in any vessel or steamboat not employed in carrying the mail from newspapers out one post or place to any other post or place in the United States, subject to such regulations as the postmaster-general may prescribe. 9 Stat. 202. of the mail. 10 Stat. 39. &c., to be put up 187. No newspaper, periodical, magazine or other printed paper or matter, shall be 30 Aug. 1852 3 entitled to be sent at the rates of postage in this act specified, unless the following conditions be observed: First. It shall be sent without any cover or wrapper; or in a cover How newspapers, or wrapper open at the ends or sides, so that the character of the matter contained therein and mailed. may be determined without removing such wrapper. Second. There shall be no word or communication printed on the same after its publication, or upon the cover or wrapper thereof, nor any writing or marks upon it, nor upon the cover or wrapper thereof, except the name and address of the person to whom it is to be sent. Third. There shall be no paper or other thing enclosed in or with such printed paper. And if these conditions are not complied with, such printed matter shall be subject to letter postage; and all matter All other matter sent by mail from one part of the United States to another, the postage of which is not to be charged letfixed by the provisions of this act, shall, unless the same be entitled to be sent free of postage, be charged with letter postage. ter postage. Ibid. 24. 188. If the publisher of any periodical, after being three months previously notified that his publication is not taken out of the office to which it is sent for delivery, continue Unclaimed perito forward such publication in the mail, the postmaster to whose office such publication odicals to be seid. is sent may dispose of the same for the postage, unless the publisher shall pay it. And whenever any printed matter of any description, received during one quarter of the fiscal year, shall have remained in the office without being called for during the whole of any succeeding quarter, the postmaster at such office shall sell the same and credit the proceeds of such sale in his quarterly accounts, under such regulations, and after such notice as the post office department shall prescribe. 189. So much of the second section of the act entitled "An act to modify and reduce the rates of postage in the United States, and for other purposes," approved March 3d (a) See 4 Opin. 276. And infra, 186. (b) See 4 Opin. 408. Ibid. 5. all publishers of pamphlets, periodicals, magazines and news papers, not exceeding 16 oz. in weight. 9 Stat. 589. This, how. (c) The privilege of exchanging free of postage was extended to ever, is repealed, infra, 189. But see supra, 179. 39 August 1852. 1851, as relates to the postage or free circulation or transmission of newspapers periodiRepeal of part of cals and other printed matter, and all other provisions of law inconsistent with the provisions of this act, are hereby repealed. act of 1851. 3 March 1847 11. 9 Stat. 201. to be delivered to postmasters. Sale thereof. XII. POSTAGE STAMPS. 190. That to facilitate the transportation of letters in the mail, the postmaster-general be authorized to prepare postage stamps, which, when attached to any letter or packet, Postage stamps shall be evidence of the payment of the postage chargeable on such letter; which said stamps the postmaster-general may deliver to any deputy postmaster who may apply for the same, the deputy postmaster paying or becoming accountable for the amount of the stamps so received by him; and if any of said stamps shall not be used, but be returned to the general post office, the amount so returned shall be credited to such deputy postmaster. And such deputy postmaster may sell or dispose of any stamps so received by him, to any person who may wish to use the same; but it shall not be lawful for any deputy postmaster to prepare, use or dispose of any postage stamps not authorized by and received from the postmaster-general. And any person who shall falsely and fraudulently make, utter or forge any postage stamp with the intent to defraud the post office department, shall be deemed guilty of felony, and on conviction shall be subject to the same punishment as is provided in the 21st section of the act approved the 3d day of March 1825, entitled "An act to reduce into one the several acts establishing and regulating the post office department." Punishment for rounterfeiting. 9 Stat. 589. Denominations. ounterfeiting, &c. ? March 1851 3. 191. It shall be the duty of the postmaster-general to provide and furnish to all deputy postmasters, and to all other persons applying and paying therefor, suitable postage stamps of the denomination of three cents, and of such other denominations as he may think expedient, to facilitate the prepayment of postages provided for in this Punishment for act. (a) And any person who shall forge or counterfeit any postage stamp provided or furnished under the provisions of this or any former act, whether the same are impressed or printed on, or attached to envelopes or not, or any die, plate or engraving therefor; or shall make or print, or knowingly use or sell, or have in his possession with intent to use or sell, any such false, forged or counterfeited die, plate, engraving or postage stamp; or who shall make or print, or authorize or procure to be made or printed, any postage stamps of the kind provided and furnished by the postmaster-general as aforesaid, without the especial authority and direction of the post office department; or whe, after such postage stamps have been printed, shall, with intent to defraud the revenues of the post office department, deliver any postage stamps to any person or persons other than such as shall be authorized to receive the same by an instrument of writing, duly executed under the hand of the postmaster-general and the seal of the post office department; shall on conviction thereof, be deemed guilty of felony, and be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding five years, or by both such fine and imprisonment. And the expenses of procuring and providing all such postage stamps and letter envelopes, as are provided for or authorized by this act, shall be paid, after being adjusted by the auditor of the post office department, on the certificate of the postmaster-general, out of any money in the treasury arising from the revenues of the post office department. For unautho rized issuing of stamps. Expenses, how paid. Ibid. 4. Stamps used to be defaced. Penalty for second use of stamp. 81 Aug. 1852; 3 10 Stat. 141. Stamped envelopes to be furnished. 192. It shall be the duty of every postmaster to cause to be defaced, in such manner as the postmaster-general shall direct, all postage stamps attached to letters deposited in his office for delivery, or to be sent by mail; and if any postmaster sending letters in the mail with postage stamps attached shall omit to deface the same, it shall be the duty of the postmaster, to whose office such letters shall be sent for delivery, to deface the stamps and report the delinquent postmaster to the postmaster-general. And if any person shall use, or attempt to use in prepayment of postage any postage stamp which shall have been before used for like purposes, such person shall be subject to a penalty of fifty dollars for every such offence, to be recovered in the name of the United States in any court of competent jurisdiction. 193. That the postmaster-general shall be and he is hereby authorized to provide and furnish to all postmasters and other persons applying and paying therefor, suitable letter envelopes with such water-marks or other guards against counterfeits as he may deem expedient, and with one or more suitable postage stamps, with such device and of such denominations and value as he may direct, printed or impressed thereon; which envelopes shall be sold at the cost of procuring and furnishing the same as near as may be, with the addition of the value or denomination of the postage stamps so printed or impressed thereon, or attached thereto as aforesaid. And letters when enclosed in such envelopes, with postage stamps printed or impressed thereon, (the postage stamp or stamps in every such case being of the value, denomination or amount required to prepay the postage (a) The post office department will not redeem the stamps so them as remittances, they must rely for reimbursement on the issued; they are not intended as currency, and if persons receive sale of them. And Such letters may be carried out of post- the mail. which would be chargeable on such letters and envelopes, if sent by mail to the place 31 August 1852. of their destination, under the provisions of the laws then in force, and such stamps and envelopes not having been used before), shall pass in the mails as prepaid letters. all letters enclosed in such envelopes as shall be provided and furnished by the master-general, as first in this section prescribed, and with postage stamps thereon, as aforesaid, (and such postage stamps on such envelopes being equal in value and amount to the rates of postage to which such letters would be liable if sent by mail, and such p stage stamps and envelopes not having been before used), may be sent, conveyed and delivered otherwise than by post or mail, notwithstanding any prohibition thereof, under any existing law: Provided, That said envelope shall be duly sealed or otherwise firmly and securely closed, so that such letter cannot be taken therefrom without tearing or destroying such envelope, and the same duly directed and addressed; and the date of such letter, or of the receipt or transmission thereof, to be written or stamped or otherwise appear on such envelope. 10 Stat. 256. 194. It shall be the duty of every postmaster to cause to be defaced, in such manner 3 March 1853 8 8. as the postmaster-general may direct, all letter envelopes with postage stamps thereon, which may be deposited in his office for conveyance in the mail; and if any postmaster Envelopes to be defaced, when sending such envelopes in the mail shall omit to deface the same, it shall be the duty of used. the postmaster to whose office such envelopes shall be sent for delivery, to deface them, and report the delinquent postmaster to the postmaster-general. And if any person shall Penalty for using use or attempt to use, for the conveyance of any letter or other mailable matter or thing, over any post road of the United States, either by mail or otherwise, any such stamped letter envelope which has been before used for a like purpose, such person shall be liable to a penalty of fifty dollars, to be recovered in the name of the United States, in any court having competent jurisdiction. a second time. 10 Stat. 642. ing stamps at ad 195. It shall not be lawful for any postmaster or other person to sell any postage 3 March 1855 2 2. stamp or stamped envelope for any larger sum than that indicated upon the face of such postage stamp, or for a larger sum than that charged therefor by the post office depart- Penalty for sellment; and any person who shall violate this provision shall be deemed guilty of a mis- vanced rates. demeanor, and, on conviction thereof, shall be fined in any sum not less than ten, nor more than five hundred dollars. This act to take effect and be in force from and after the commencement of the next fiscal quarter after its passage: Provided, That nothing herein contained shall be so construed as to alter the laws in relation to the franking privilege. XIII. LETTER CARRIERS. 4 Stat. 112. be employed. 196. Letter carriers shall be employed at such post offices as the postmaster-general 3 March 1825 36. shall direct, for the delivery of letters in the places, respectively, where such post offices are established; and, for the delivery of each such letter, the letter carrier may receive Letter carriers to of the person to whom the delivery is made, two cents: Provided, That no letter shall be delivered to such letter carrier for delivery, addressed to any person who shall have lodged at the post office a written request that the 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 so lodged, the postmaster shall receive one cent of the person to whom it shall be delivered.] (a) 5 Stat. 89. ter carriers. 197. The postmaster-general shall be authorized, whenever the same may be proper 2 July 1836 2 41. for the accommodation of the public in any city, to employ letter carriers for the delivery of letters received at the post office in said city; except such as the persons to whom Payments to let they are addressed may have requested, in writing, addressed to the postmaster, to be retained in the post office; and for the receipt of letters at such places in the said city as the postmaster-general may direct, and for deposit of the same in the post office. And for the delivery by a carrier of each letter received from the post office, the person to whom the same may be delivered shall pay not exceeding two cents; and for the delivery of each newspaper and pamphlet, one half-cent; and for every letter received by a carrier to be deposited in the post office, there shall be paid to him, at the time of the receipt, not exceeding two cents; all of which receipts, by the carriers in any city, shall, if the Receipts to con postmaster-general so direct, be accounted for to the postmaster of said city, to constitute a fund for the compensation of the said carriers, and be paid to them in such proportions and manner as the postmaster-general may direct. Each of the said carriers shall give Carriers to give bond with sureties, to be approved by the postmaster-general, for the safe custody and delivery of letters, and for the due account and payment of all moneys received by him. 198. It shall be in the power of the postmaster-general, at all post offices where the 3 March 1851 10. postmasters are appointed by the president of the United States, to establish post routes within the cities or towns, to provide for conveying letters to the post office by establish- Post routes may ing suitable and convenient places of deposit, and by employing carriers to receive and cities. stitute a fund. bond. 9 Stat. 591. be established in (a) See supra, 180. Postage. 3 March 1851. deposit them in the post office; and at all such offices it shall be in his power to cause Offices of deposit. letters to be delivered by suitable carriers, to be appointed by him for that purpose; for which not exceeding one or two cents shall be charged, to be paid by the person receiving or sending the same, and all sums so received shall be paid into the post office Compensation of department: Provided, The amount of compensation allowed by the postmaster-general to carriers shall in no case exceed the amount paid into the treasury by each town or city under the provisions of this section. carriers limited. 8 March 1851 2. in California and Oregon. Special agents. 199. That the postmaster-general shall be and he is hereby authorized to appoint 9 Stat. 592. letter carriers for the delivery of letters from any post office in California or Oregon, (a) Letter carrriers, and to allow the letter carriers who may be appointed at any such post office to demand and receive such sum for all letters, newspapers or other mailable matter delivered by them, as may be recommended by the postmaster for whose office such letter carrier may be appointed, not exceeding five cents for every letter, two cents for every newspaper, and two cents for every ounce of other mailable matter. And the postmaster-general shall be and he is hereby authorized to empower the special agents of the post office department in California and Oregon to appoint such letter carriers in their districts respectively, and to fix the rates of their compensation within the limits aforesaid, subCompensation. ject to, and until, the final action of the postmaster-general thereon. And such appointments may be made, and rates of compensation modified from time to time, as may be deemed expedient; and the rates of compensation may be fixed and graduated in respect to the distance of the place of delivery from the post office for which such carriers are appointed; but the rate of compensation of any such letter carrier shall not be changed To be subject to after his appointment, except by the order of the postmaster-general; and such letter carriers shall be subject to the provisions of the 41st section of the act entitled "An act to change the organization of the post office department, and to provide more effectually for the settlement of the accounts thereof," approved July 2d 1836; except in cases otherwise provided for in this act.(b) act of 1836. 3 March 1825 226. 4 Stat. 109. ters to be adver tised. disposed of. XIV. UNCLAIMED LETTERS. 200. The postmasters shall, respectively, publish at the expiration of every three months, or oftener when the postmaster-general shall so direct, in one of the newspapers (e) Unclaimed let published at or nearest the place of his residence, for three successive weeks, (d) a list of all the letters remaining in their respective offices, or instead thereof, shall make out a number of such lists, and cause them to be posted at such public places in their vicinity as shall appear to them best adapted for the information of the parties conDead letters, how cerned; and at the expiration of the next three months, shall send such of the said letters as then remain on hand as dead letters, to the general post office, where the same shall be opened and inspected. And if any valuable papers or matters of consequence shall be found therein, it shall be the duty of the postmaster-general to return such letter to the writer thereof, or cause a descriptive list thereof to be inserted in one of the newspapers published at the place most convenient to the supposed residence of the owner, if within the United States; and such letter and the contents shall be preserved, to be delivered to the person to whom the same shall be addressed, upon payment of the postage and the expense of publication. And if such letter contain money, the postmaster-general may appropriate it to the use of the department, keeping an account thereof, and the amount shall be paid by the department to the rightful claimant so soon as he shall be found. 2 July 1836 35. 5 Stat. 88. 3 March 184518. 5 Stat. 708. 201. That advertisements of letters remaining in the post offices may, under the direction of the postmaster-general, be made in more than one newspaper: Provided, That the whole cost of advertising shall not exceed four cents for each letter. 202. All advertisements made under the orders of the postmaster-general in a newspaper or newspapers, of letters uncalled for in any post office, shall be inserted in the To be advertised paper or papers of the town or place where the office advertising may be situated, having in papers of the the largest circulation, provided the editor or editors of such paper or papers shall agree largest circulation. to insert the same for a price not greater than that now fixed by law. And in case of Postmasters to question or dispute as to the amount of the circulation of any papers, the editors of receive evidence. which may desire this advertising, it shall be the duty of the postmaster to receive evidence and decide upon the fact. 9 Stat. 590. How list of un 3 March 1851 5. 203. Lists of letters remaining uncalled for in any post office, in any city, town or village where a newspaper shall be printed, shall hereafter be published once only in the newspaper which, being issued weekly or oftener, shall have the largest circulation within the range of delivery of said office, to be decided by the postmaster at such office, (e) at such times and under such regulations as the postmaster-general shall pre claimed letters to be published. (a) See supra, 80. (b) See supra. 197. (d) See infra. 203. (e) No action will lie in a state court for a refusal to advertise the list of letters in a paper of the largest circulation. Foster McKibben, 1 Am. L. J. 411 |