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Post-Office Department” by the Dockery Act of July 31, 1874, c. 174, $ 3, ante, § 417.
Provisions directing accounting officers discovering deficiencies in officers' accounts to notify the head of the proper department of the nature and amount of such deficiencies, and directing the latter to notify the obligors on the bonds of such officials, and releasing the sureties after five years without suit, were made by Act Aug. 8, 1888, c. 787, 81, ante, & 3291.
Provisions entitling the obligors, as principal or surety, in official bonds, to have the Court of Claims determine the amount due in case of a deficiency, were made by the Tucker Act of March 3, 1887, c. 359, § 3, which was incorporated in the Judicial Code, in section 180 thereof, ante, 1171, and was repealed by section 297 thereof, ante, & 1276.
§ 7195. (R. S. § 3836.) Limit of time of sureties' liability.
Whenever the office of any postmaster becomes vacant, the Postmaster-General or the President shall supply such vacancy without delay, and the Postmaster-General shall promptly notify the (Sixth Auditor of the change; and every postmaster and his sureties shall be responsible under their bond for the safe-keeping of the public property of the post-office, and the due performance of the duties thereof, until the expiration of the commission, or until a successor has been duly appointed and qualified, and has taken possession of the office; except that in cases where there is a delay of sixty days in supplying a vacancy, the sureties may terminate their responsibility by giving notice, in writing, to the Postmaster-General, such termination to take effect ten days after sufficient time shall have elapsed to receive a reply from the Postmaster-General; and the Postmaster-General may, when the exigencies of the service require, place such office in charge of a special agent] until the vacancy can be regularly filled; and when such (special agent) shall have taken charge of such post-office, the liability of the sureties of the postmaster shall cease.
Act June 8, 1872, c. 335, $ 28, 17 Stat. 289.
The words “Sixth Auditor," inclosed in brackets in this section, were superseded by the change in the designation of that officer to “Auditor for the Post-Office Department” by the Dockery Act of July 31, 1894, c. 174, § 3, ante, $ 417.
The words “special agent,” also inclosed in brackets where they occur twice in this section, were superseded by the change of the designation of such officers from "special agents" to "post-office inspectors," by Act June 11, 1880, c. 206, amending R. S. § 4017, and incorporated in that section as set forth post, $ 7547.
Provisions requiring the filing of designated official bonds with the Secretary of the Treasury, the examination of all official bonds at least once in two years to ascertain the sufficiency of the sureties, the renewal of bonds every four years, or oftener, and prescribing the liability of the sureties, were made by Act March 2, 1895, c. 177, § 5, ante, $8 3288-3290. It was expressly provided in said section, ante, § 3290, that nothing therein should be construed to repeal or modify this section.
(R. S. § 3837. Superseded.) This section provided for the renewing of the bond of a postmaster when the sureties desired to be released or the Postmaster-General deemed a new bond necessary. It was superseded by the more comprehensive provisions relating to the same subject of Act March 3, 1905, c. 1488, post, $ 7196.
§ 7196. (Act March 3, 1905, c. 1488.) Renewing bond of postmas
ter, clerk, carrier, or other person in postal service. Whenever any postmaster, clerk, carrier, or other person in the postal service, employed in the Post-Office Department or elsewhere, notifies the Postmaster-General of his desire to execute a new bond, or whenever any of the sureties of such postmaster, clerk, carrier, or other person, notifies the Postmaster-General of his desire to be released from such suretyship, or whenever the Postmaster-General deems a new bond necessary or expedient, the execution of the new bond may be directed by the Postmaster-General. When accepted by the Postmaster-General the sureties of postmasters in the prior bond shall be released from responsibility for all acts or defaults of the postmaster which may be done or committed subsequent to the last day of the quarter in which such new bond shall be executed and accepted, and the sureties of other persons in the prior bond shall be released from responsibility for all acts or defaults of such persons which may be done or committed subsequent to the day such new bond becomes operative. (33 Stat. 1259.)
This was an act entitled "An act to amend section sixty-six of the act of June eighth, eighteen hundred and seventy-two, entitled 'An act to revise, consolidate, and amend the statutes relating to the Post-Office Department.'
Act June 8, 1872, c. 335, $ 66, 17 Stat. 293, mentioned in the title of this act as amended by this act, was incorporated in R. S. § 3837, which may be regarder as amended and superseded by the more comprehensive provisions of this act.
Provisions requiring the officers charged with the duty of approving bonds to cause all bonds to be renewed every four years, or oftener, were made.
by Act March 2, 1895, c. 177, 8 5, ante, $ 3290. § 7197. (R. S. § 3838.) Sureties on bond; how released.
If on the settlement of the account of any postmaster it shall appear that he is indebted to the United States, and suit therefor shall not be instituted within three years after the close of such account, the sureties on his bond shall not be liable for such indebtedness.
Act June 8, 1872, c. 335, § 67, 17 Stat. 293.
Provisions for the bonds of assistant postmasters and cashiers at first, second, and third class post-offices, were made by Act June 13, 1898, c. 446, $ 3, post, $ 7232.
A similar limitation of actions against sureties on bonds of any officials of the United States, or disbursing officers, etc., to five years, was made by
Act Aug. 8, 1888, c. 787, § 2, ante, 8 3292. $ 7198. (R. S. § 3839.) Post-offices to be kept open.
Every postmaster shall keep an office in which one or more persons shall be on duty during such hours of each day as the PostmasterGeneral may direct, for the purpose of receiving, delivering, making up, and forwarding all mail-matter received thereat.
Act June 8, 1872, c. 335, $ 68, 17 Stat. 293.
Post-Oflices of the first and second classes are not to be open on Sundays for the delivery of mail to the general public, by a provision of Act Aug.
24, 1912, c. 389, post, $ 7199. § 7199. (Act Aug. 24, 1912, c. 389.) First and second class post
offices not to be open on Sundays. That hereafter post offices of the first and second classes shall not. be open on Sundays for the purpose of delivering mail to the general public, but this provision shall not prevent the prompt delivery of special delivery mail. (37 Stat. 543.)
This was a provision of the postal service appropriation act for the fiscal year 1913, cited above. § 7200. (R. S. § 3840.) Making up the mail.
All letters brought to any post-office half an hour before the time for the departure of the mail shall be forwarded therein; but at offices where, in the opinion of the Postmaster-General, more time for making up the mail is required, he may prescribe accordingly, not exceeding one hour.
Act June 8, 1872, c. 335, $ 69, 17 Stat. 293. § 7201. (R. S. § 3841.) Arrival and departure of the mail.
The Postmaster-General shall furnish to the postmasters at the termination of each route a schedule of the time of arrival and departure of the mail at their offices, respectively, to be posted in a conspicuous place in the office; and he shall also give them notice of any change in the arrival and departure that may be ordered; and he shall cause to be kept and returned to the Department, at short and regular intervals, registers, showing the exact times of the arrivals and departures of the mail.
Act June 8, 1872, c. 335, $ 70, 17 Stat. 293. § 7202. (R. S. § 3842.) Records at post-offices.
Every postmaster shall keep a record, in such form as the Postmaster-General shall direct, of all postage-stamps, envelopes, postal books, blanks, and property received from his predecessor, or from the Department or any of its agents; of all receipts in money for postages and box-rents, and of all other receipts on account of the postal service, and of any other transactions which may be required by the Postmaster-General; and these records shall be preserved and delivered to his successor, and shall be at all times subject to examination by any (special agent] of the Department.
Act June 8, 1872, c. 335, § 71, 17 Stat. 293.
The words "special agent," inclosed in brackets in this section, were superseded by the change of the designation of those officers from "special agents" to "post-office inspectors" by Act June 11, 1880, c. 206, amending R. S. § 4017, and incorporated in that section as set forth post, $ 7547.
Provisions for disposing of files of useless papers accumulated in post
offices were made by Act May 11, 1906, c. 2448, post, 8 7203. § 7203. (Act May 11, 1906, c. 2448.) Disposal of useless papers
accumulated in post-offices. The Postmaster-General is hereby authorized to sell as waste paper or otherwise dispose of the files of papers which have accumulated or may hereafter accumulate in post-offices, that are not needed in the transaction of current business and have no permanent value or historical interest, and pay the proceeds of said sales into the Treasury as postal revenues. (34 Stat. 186.)
This was an act entitled "An act to authorize the Postmaster-General to dispose of useless papers in post-offices."
A similar provision for disposing of useless papers accumulated in the Post-Office Department was made by Act March 3, 1881, c. 130, § 1, ante, & 607.
§ 7204. (R. S. § 3843.) Quarterly accounts of receipts.
Every postmaster shall render to the Postmaster-General, under oath, and in such form as the latter shall prescribe, a quarterly account of all moneys received or charged by him or at his office, for postage, rent of boxes or other receptacles for mail-matter, or by reason of keeping a branch office, or for the delivery of mail-matter in any manner whatever.
Act June 8, 1872, c. 335, $ 72, 17 Stat. 293.
The Postmaster-General was authorized to require postmasters of the first, second, and third classes to furnish the Department with certified copies of their quarterly returns, in order to ascertain the amount of postal receipts on which to fix their compensation, by Act March 3, 1883, c. 142, § 1, post, $ 7217.
Postmasters were required to render accounts of money-orders issued and paid, fees received, etc., by R. S. $ 4044, as amended by Act Jan. 27, 1894, c. 21, § 8, incorporated into said section, post, $ 7576.
§ 7205. (R. S. § 3844.) Quarterly accounts to be sworn to.
The Postmaster-General may require a sworn statement to accompany each quarterly account of a postmaster, to the effect that such account contains a true statement of the entire amount of postage, box-rents, charges, and moneys collected or received at his office during the quarter; that he has not knowingly delivered, or permitted to be delivered, any mail-matter on which the postage was not at the time paid ; that such account exhibits truly and faithfully the entire receipts collected at his office, and which, by due diligence, could have been collected; and that the credits he claims are just and right.
Act June 8, 1872, c. 335, $ 73, 17 Stat. 294. The Postmaster-General was authorized to prescribe the form of the affidavit to be made by postmasters on their returns, by Act June 17, 1878, c. 259, § 1, post, 8 7207.
§ 7206. (R. S. § 3845.) Neglect to render accounts; penalty.
Whenever any postmaster neglects to render his accounts for one month after the time, and in the form and manner prescribed by law and the regulations of the Postmaster-General, he and his sureties shall forfeit and pay double the amount of the gross receipts at such office during any previous or subsequent equal period of time; and if, at the time of trial, no account has been rendered, they shall be liable to a penalty of such sum as the court and jury shall estimate to be equivalent thereto, to be recovered in an action on the bond.
Act June 8, 1872, c. 335, 8 74, 17 Stat. 294. The making of false returns by a postmaster for the purpose of increasing his compensation was made punishable by Act June 17, 1878, c. 259, § 1, which was incorporated into the Criminal Code, in section 206 thereof, post,
10376, and was repealed by section 341 thereof, post, $ 10515. The making of false returns by postmasters, clerks, employés, etc., for the purpose of increasing their compensation under the provisions relating to special delivery, was made punishable by Act Aug. 4, 1886, c. 901, § 3, post, § 7289.
§ 7207. (Act June 17, 1878, c. 259, § 1.) Withholding commissions
based on false returns; affidavit to returns; penalty for false
return. In any case where the Postmaster-General shall be satisfied that a postmaster has made a false return of business, it shall be within his discretion to withhold commissions on such returns, and to allow any compensation that under the circumstances he may deem reasonable: Provided, That the form of affidavit to be made by postmasters upon their returns shall be such as may be prescribed by the Postmaster-General. (20 Stat. 141.)
This was a provision following appropriations for compensation to postmasters in the postal service appropriation act for the fiscal year 1879, cited above.
The compensation of the postmasters of the first, second, and third classes was fixed at an annual salary based on the gross receipts of the office ascertained from the quarterly returns, and the compensation of the postmasters of the fourth class was fixed on the basis of the box rents collected and commissions on other postal revenues, by Act March 3, 1883, c. 142, 88 1, 2, post, 88 7217, 7218.
A further provision in this proviso, making punishable any postmaster who should make a false return for the purpose of fraudulently increasing his compensation, was incorporated into the Criminal Code in section 206 there
of, post, $ 10376, and was repealed by section 341 thereof, post, $ 10515. § 7208. (R. S. § 3846.) Money to be safely kept.
Postmasters shall keep safely, without loaning, using, depositing in an unauthorized bank, or exchanging for other funds, all the public money collected by them, or which may come into their possession, until it is ordered by the Postmaster-General to be transferred or paid out.
Act June 8, 1872, c. 335, $ 75, 17 Stat. 294. § 7209. (R. S. § 3847, as amended, Act May 27, 1908, c. 206.) Cus
tody of government money in hands of postmasters. Any postmaster, having public money belonging to the Government, at an office within a city or town where there is no Treasurer or Assistant Treasurer of the United States, or designated depositary, may deposit the same temporarily, at his own risk and in his official capacity, in any national or State bank in the State in which the said postmaster resides, or in which his office is located, or within a reasonable radius of his post-office in an adjacent State, but no authority or permission is or shall be given for the payment to or receipt by a postmaster or any other person, of interest, directly or indirectly, on any deposit made as herein described.
Act March 3, 1873, c. 272, 17 Stat. 604. Act May 27, 1908, c. 206, 35 Stat. 415.
This section, as originally enacted, was as follows:
"Any postmaster, having public money belonging to the Government, at an office within a county where there are no designated depositaries, treasurers of mints, or Treasurer or assistant treasurers of the United States, may deposit the same, at his own risk and in his official capacity, in any national bank in the town, city, or county where the said postmaster resides; but no authority or permission is or shall be given for the demand or receipt by the postmaster, or any other person, of interest, directly or indirectly, on any deposit made as herein described ; and every postmaster who makes any such deposit shall report quarterly to the Postmaster-General the name of