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National-bank notes, when re

June 3, 1864, c.

307. The notes of national banks shall be received at par for all debts and demands owing by the United States ceivable. to any person within the United States, except interest on 106, s. 23, v. 13, p. the public debt, or in redemption of the national currency. Sec.3475, R.S. (See sec. 5182, R. S.)

106.

Treasury notes payable for debts

308. Treasury notes bearing interest may be paid to any creditor of the United States at their face value, excluding of interest, or to any creditor willing to receive them at par, including interest.

United States. 73, s. 2, v. 12, p.

Mar. 3, 1863, c.

710; June 30, 1864, c. 172, s. 2, v. 13, p. 218. Sec.3476, R.S.

Par.

OUTSTANDING CHECKS.

309. Checks outstanding over three years to be covered into the Treasury. 310. Vouchers for drafts remaining unpaid.

Par.

311. Payment of outstanding checks.
312. Accounts of disbursing officers re-
maining unchanged for three years.

standing three or

deposited in the

May 2, 1866, c.

pp.41, 42.

Sec. 306, R. S.

309. At the termination of each fiscal year all amounts of Liabilities outmoneys that are represented by certificates, drafts, or more years to be checks, issued by the Treasurer, or by any disbursing offi- Treasury. cer of any Department of the Government, upon the Treas- 70, ss. 1. 4, v. 14, urer or any assistant treasurer, or designated depositary of the United States, or upon any national bank designated as a depositary of the United States, and which shall be represented on the books of either of such offices as standing to the credit of any disbursing officer, and which were issued to facilitate the payment of warrants, or for any other purpose in liquidation of a debt due from the United States, and which have for three years or more remained outstanding, unsatisfied, and unpaid, shall be deposited by the Treasurer, to be covered into the Treasury by warrant, and to be carried to the credit of the parties. in whose favor such certificates, drafts, or checks were respectively issued, or to the persons who are entitled to receive pay therefor, and into an appropriation account to be denominated "outstanding liabilities."1

Vouchers

for

310. The certificate of the Secretary of the Treasury, drafts remaining stating that the amount of any draft issued by the Treas- unpaid. May 2, 1866, c. urer, to facilitate the payment of a warrant directed to 70, s. 2, v. 14. p. 41, him for payment, has remained outstanding and unpaid 16, v. 28, 210

July 31, 1894, s.

Sec. 307, R. S.

When a claim passes into the form of checks, its legal character changes from that of a demand for goods sold and delivered to a claim represented by the checks given in liquidation of the original demand. The fund established by section 306, Revised Statutes, bears upon it the impress of a trust, and the statutes of limitation can not be set up against money credited to the claimant in the permanent appropriation for outstanding liabilities. Such money is held as a trust fund payable on demand without limit of time. 32 Ct. Cls., 30; Ü. S. v. Taylor, 104 U. S., 216.

of

Payment outstanding

drafts.

May 2, 1866, c.

Sec. 308, R. S.

Accounts disbursing

offi

for three years.

70, s. 5, v. 14, p. 42.

for three years or more, and has been deposited and covered into the Treasury in the manner prescribed by the preceding section, shall be, when attached to any such warrant, a sufficient voucher in satisfaction of any such warrant or part of any warrant, the same as if the drafts correctly indorsed and fully satisfied were attached to such warrant or part of warrant. And all such moneys mentioned in this and in the preceding section shall remain as a permanent appropriation for the redemption and payment of all such outstanding and unpaid certificates, drafts, and checks.

311. The payee or the bona fide holder of any draft or check the amount of which has been deposited and cov70, s. 3, 14, p. 42. ered into the Treasury pursuant to the preceding sections, shall, on presenting the same to the proper officer of the Treasury, be entitled to have it paid by the settlement of an account and the issuing of a warrant in his favor, according to the practice in other cases of authorized and liquidated claims against the United States. Sec. 308, R. S. of 312. The amounts, except such as are provided for in cers unchanged section three hundred and six, of the accounts of every May 2, 1866, c. kind of disbursing officer, which shall have remained Sec. 309, R. S. unchanged, or which shall not have been increased by any new deposit thereto, nor decreased by drafts drawn thereon, for the space of three years, shall in like manner be covered into the Treasury, to the proper appropriation to which they belong; and the amounts thereof shall, on the certificate of the Treasurer that such amount has been deposited in the Treasury, be credited by the proper accounting officer of the Department of the Treasury on the books of the Department, to the officer in whose name it had stood on the books of any agency of the Treasury, if it appears that he is entitled to such credit.

CHAPTER VI.

Par.

THE POST-OFFICE DEPARTMENT.

Par.

313. Establishment of the Post-Office De- | 322, 323. Senators, members, etc., may

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320. Letters on official business may be 328. Postmaster-General to contract for

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313. There shall be at the seat of Government an Exec

Establishment of the Post-Office Department.

June 8, 1872, c.

335, ss. 1, 2, v. 17,

p. 283.

Sec. 358, R. S.

utive Department to be known as the Post-Office Depart- Day 1794, c. ment, and a Postmaster-General, who shall be the head 23, s. 3, v. 1, p. 357; thereof, and who shall be appointed by the President, by and with the advice and consent of the Senate, and who may be removed in the same manner; and the term of the Postmaster-General shall be for and during the term of the President by whom he is appointed, and for one month thereafter, unless sooner removed.

June 8, 1872, c,

287.

Mar. 5, 1874, 8.

15, v. 18, p. 19.
Sec. 391, R. S.

314. Before entering upon the duties of his office and Oath of office. before he shall receive any salary the Postmaster-General 335, s. 15, v. 17, p. and each of the persons employed in the postal service shall, respectively take and subscribe before some magistrate or other competent officer the following oath: "I, A. B., do solemnly swear (or affirm) that I will faithfully perform all the duties required of me, and abstain from everything forbidden by the laws in relation to the establishment of post-offices and post-roads within the United States; and that I will honestly and truly account for and pay over any money belonging to the said United States which may come into my possession or control; and I also further swear that

Oath, before

whom taken.

I will support the Constitution of the United States; so help me God." Sec. 15, act of March 5, 1874 (18 Stat. L., 19).

315. This oath or affirmation may be taken before any June 8, 1872, c. officer, civil or military, holding a commission under the United States, and such officer is hereby authorized to administer and certify such oath or affirmation. Ibid.

335, s. 15, v. 17, p.

287.

Mar. 5, 1874, s. 15, v. 18, p. 19.

Sec. 392, R. S.

Classes of mail

matter.

Mar. 3, 1879, s. 7, v. 20, p. 358.

First class.

Rates of postage.

vol. 23, p. 386.

CLASSIFICATION OF MAIL MATTER.

316. Mailable matter shall be divided into four classes: First, written matter;

Second, periodical publications;

Third, miscellaneous printed matter;

Fourth, merchandise.

Mailable matter of the first class shall embrace letters, postal cards, and all matters wholly or partly in writing, except as hereinafter provided.'

RATES OF LETTER POSTAGE.

317. On mailable matter of the first class, except postal Mar. 3, 1885, cards and drop letters, postage shall be prepaid at the rate of two cents for each ounce or fraction thereof; postal cards shall be transmitted through the mails at a postage charge of one cent each, including the cost of manufacture; and drop letters shall be mailed at the rate of two cents per ounce or fraction thereof, including delivery at letter-carrier offices, and one cent for each ounce or fraction thereof where free delivery by carrier is not establet-lished. The Postmaster-General may, however, provide by regulation, for transmitting unpaid and duly certified letters of soldiers, sailors, and marines in the service of the United States to their destination, to be paid on delivery. Act of March 3, 1885 (23 Stat. L., 386).

Soldiers'

ters.

Special-deli v

ery stamps.

Sec. 3, Mar. 3,

386.

p.

SPECIAL DELIVERY.

318. A special stamp of the face valuation of ten cents 1885, vol. 23, may be provided and issued, whenever deemed advisable or expedient, in such form and bearing such device as may meet the approval of the Postmaster-General, which, when attached to a letter, in addition to the lawful postage

1For description of matter embraced in the second, third, and fourth classes see the act of March 3, 1879 (20 Stat. L., 358).

This statute replaces the corresponding provision of the act of March 3, 1879, (20 Stat. L., 358.)

thereon, the delivery of which is to be at a free-delivery office, or at any city, town, or village containing a population of four thousand or over, according to the Federal census, shall be regarded as entitling such letter to immediate delivery within the carrier limit of any freedelivery office which may be designated by the PostmasterGeneral as a special-delivery office, or within one mile of the post-office at any other office coming within the provisions of this section which may in like manner be designated as a special-delivery office. Sec. 3, act of March 3, 1885 (23 Stat. L., 386).

stamped letters

Sec. 4, ibid.

319. Such specially stamped letters shall be delivered Specially from seven o'clock ante meridian up to twelve o'clock mid- to be delivered. night at offices designated by the Postmaster-General under section three of this act. Sec. 4, ibid.

OFFICIAL LETTERS.

official business

1877, v. 19, p. 335.

320. It shall be lawful to transmit through the mail, free Letters, etc., on of postage, any letters, packages, or other matters relating may be sent free. exclusively to the business of the Government of the United States: Provided, That every such letter or pack-, Sec. 5, Mar. 3, age to entitle it to pass free shall bear over the words "Official business" an endorsement showing also the name of the department, and, if from a bureau or office, the names of the department and bureau or office, as the case may be, whence transmitted. And if any person Penalty for usshall make use of any such official envelope to avoid the opes to avoid payment of postage on his private letter, package, or other age matter in the mail, the person so offending shall be deemed guilty of a misdemeanor, and subject to a fine of three hundred dollars, to be prosecuted in any court of competent jurisdiction.' Sec. 5, act of March 3, 1877 (19 Stat. L., 335).

ing official envelpayment of post

opes to be pro

Sec. 6, ibid.

321. For the purpose of carrying this act into effect, it Official envel shall be the duty of each of the Executive Departments vided. of the United States to provide for itself and its subordinate offices the necessary envelopes; and in addition to the indorsement designating the department in which they Indorsement are to be used, the penalty for the unlawful use of these envelopes shall be stated thereon. Sec. 6, ibid.

thereon.

'For regulations respecting the use of penalty envelopes in the transmission of official correspondence, see paragraphs 813-817 Army Regulations of 1895, Circular 12, A. G. O., 1895; Circulars of June 29, 1895; July 13, 1895, and G. O. 8, A. G. O., 1897. These envelopes are for use in domestic correspondence only, and will not cover the transportation of letters to foreign countries, upon which postage stamps must be used.

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