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until a contract for the designated service should have been executed by such lower bidder and his sureties, and accepted and the service entered on by the contractor to the satisfaction of the Postmaster-General.
R. S. $ 3953, required bidders on routes where the annual compensation for the service exceeded $5,000 to accompany their bids with a certified check or draft of a designated amount, payable to the order of the PostmasterGeneral, upon a solvent national bank; and in case an accepted bidder failed to execute the contract with good and sufficient sureties, and entered on the performance of the service to the satisfaction of the Postmaster-General, the bidder should forfeit, the deposit, but otherwise the deposit should be returned. This section was amended by Act June 23, 1874, c. 456, § 12, and by Act Aug. 11, 1876, c. 260, which expressly amended Act June 8, 1872, C. 335, $ 253, which was incorporated into this section.
Both these sections were repealed by Act Sept. 30, 1890, c. 1123, 26 Stat. 503.
(R. S. § 3954. Repealed.) This section, as amended by Act Aug. 11, 1876, c. 260,,19 Stat. 129, made it punishable for any bidder receiving an award of a contract for transporting the mails to refuse to enter into such contract. It was repealed by
Criminal Code, 8 341, post, $ 10515. § 7440. (R. S. § 3955, as amended, Act March 3, 1879, c. 180, $ 30.)
New sureties on mail contracts. The Postmaster-General, whenever, he may deem it consistent with the public interest, may accept or require new surety upon any contract existing or hereafter made for carrying the mails, in substitution for and release of any existing surety.
Act June 8, 1872, c. 335, $ 255, 17 Stat. 315. Act March 3, 1879, c. 180, $ 30, 20 Stat. 362.
This section was amended by Act March 3, 1879, c. 180, § 30, cited above, by inserting after the words "may accept," the words “or require," as set
forth here. § 7441. (R. S. § 3956.) Limit of time of contract.
No contract for carrying the mail shall be made for a longer term than four years, and no contract for carrying the mail on the sea shall be made for a longer term than two years.
Act June 8, 1872, c. 335, § 256, 17 Stat. 315.
Contracts for carrying mails on water routes between United States ports were limited to four years, and in case of new routes contracts without advertisement were limited to one year, and contracts for carrying mail to foreign ports were limited to two years, by Act May 17, 1878, c. 107, § 5, post, $ 7454. So much of this section as was inconsistent with section 5 was repealed thereby.
Contracts for inland and foreign steamboat mail service were authorized to be combined in one by Act March 3, 1885, c. 342, § 1, ante, 8 7431.
Contracts for a term not less than five or more than ten years for the carrying of mails on American steamships between ports of the United States and ports in foreign countries, were authorized by Act March 3, 1891, c. 519, post, $$ 7530_7538.
Contracts for a period not exceeding four years, for rental of canceling machines, for hire of equipage for city delivery service, for collection service by boxes attached to street cars, and for steamboat, etc., for Detroit River service, were authorized by a provision of Act March 4, 1911, c. 241, § 1,
ante, & 7262. § 7442. (R. S. § 3957.) Changing terms of contract.
Whenever, by reason of any error, omission, or other cause, any route which should properly be advertised for the regular letting is omitted, it shall be the duty of the Postmaster-General to advertise the same as soon as the error or omission shall be discovered, and the proposals for such route shall be opened as soon as possible after the other proposals in the same contract section; and the contract made under such supplementary advertisement shall run, as nearly as possible, from the beginning to the end of the regular contract term, and, during the time necessarily lost by reason of such error, omission, or other cause, the Postmaster-General shall provide for the carrying of the mail on such route at as low rate as possible, without advertising.
Act June 8, 1872, c. 335, 257, 17 Stat. 315. § 7443. (R. S. § 3958.) Notice of intention to change terms of con
tract. Whenever it becomes necessary to change the terms of an existing contract for carrying the mail otherwise than as provided in the preceding section, notice thereof shall be given and proceedings had thereon the same as at the letting of original contracts.
Act June 8, 1872, c. 335, $ 258, 17 Stat. 315. § 7444. (R. S. § 3959.) Payment on contract.
No person whose bid for carrying the mail is accepted shall receive any pay until he has executed his contract according to law and the regulations of the Department.
Act June 8, 1872, c. 335, $ 259, 17 Stat. 315. § 7445. (R. S. § 3960.) Pay for additional regular service.
Compensation for additional service in carrying the mail shall not be in excess of the exact proportion which the original compensation bears to the original service; and when any such additional service is ordered, the sum to be allowed therefor shall be
expressed in the order, and entered upon the books of the Department; and no compensation shall be paid for any additional regular service rendered before the issuing of such order.
Act June 8, 1872, c. 335, $ 260, 17 Stat. 315. The Postmaster-General was authorized to extend the service on a mail route under contract at not exceeding pro rata additional pay, not exceeding twenty-five miles beyond either terminal point named in the contract, by a provision of Act March 4, 1911, c. 241, § 1, post, $ 7449.
The Postmaster-General was authorized to readjust the compensation of star route and screen wagon contractors where, as a result of the parcel post system, the weight of the mails was materially increased, by Act Aug.
24, 1912, c. 389, § 8 (7), post, § 7446. § 7446. (Act Aug. 24, 1912, c. 389, $ 8.) (7) Readjustment of pay
of star route and screen wagon contractors where weight is in
creased by parcel post. The Postmaster General may readjust the compensation of star route and screen wagon contractors if it should appear that as a result of the parcel post system the weight of the mails handled by them has been materially increased. Before such readjustment, however, a detailed account must be kept
as to the amount of business handled by such star route or screen wagon contractors before and after this section becomes effective for such a period as to clearly demonstrate the amount of the increase and that such increase in the weight of the mails was due to the adoption of the parcel post system. (37 Stat. 558.)
This was a provision of the law establishing the parcel post system, which was section 8 of the postal service appropriation act for the fiscal year 1913, cited above. Other provisions of said section 8 are set forth or referred
to ante, 88 7319_7326. § 7447. (R. S. § 3961.) Allowance for additional expedition.
No extra allowance shall be made for any increase of expedition in carrying the mail unless thereby the employment of additional stock and carriers is made necessary, and in such case the additional compensation shall bear no greater proportion to the additional stock and carriers necessarily employed than the compensation in the original contract bears to the stock and carriers necessarily employed in its execution.
Act June 8, 1872, c. 335, § 261, 17 Stat. 315.
Allowance for additonal expedition was limited by Act April 7, 1880, c. 48,
$ 2, post, $ 7448. § 7448. (Act April 7, 1880, c. 48, § 2.) Limit of allowance for addi
tional expedition. The Postmaster-General shall not hereafter have the power to expedite the service under any contract either now existing or hereafter given to a rate of pay exceeding fifty per centum upon the contract as originally let. (21 Stat. 72.) )
This was a provision following an appropriation for new service in the postal service deficiency appropriation act for the fiscal year 1880, cited
above. § 7449. (Act March 4, 1911, c. 241, § 1.) Extension of mail route.
The Postmaster General is hereby authorized, in cases where the mail service would be thereby improved, to extend service on a mail route under contract, at not exceeding pro rata additional pay: Provided, That the extensions beyond either terminus ordered during a contract term shall not, in the aggregate, exceed twenty-five miles. (36 Stat. 1339.)
These were provisions of the postal service appropriation act for the fiscal year 1912, cited above.
These provisions superseded previous provisions relating to the same sub
ject of Act Aug. 3, 1882, c. 379, § 1, 22 Stat. 216. § 7450. (R. S. § 3962.) Fining mail contractors.
The Postmaster-General may make deductions from the pay of contractors, for failures to perform service according to contract, and impose fines upon them for other delinquencies. He may deduct the price of the trip in all cases where the trip is not performed; and not exceeding three times the price if the failure be occasioned by the fault of the contractor or carrier.
Act June 8, 1872, c. 335, § 266, 17 Stat. 316. § 7451. (R. S. § 3963.) Mail contracts not assignable.
No contractor for transporting the mail within or between the United States and any foreign country shall assign or transfer his contract, and all such assignments or transfers shall be null and void. Act June 8, 1872, c. 335, § 271, 17 Stat. 316.
§ 7452. (Act May 17, 1878, c. 107, § 2.) Sub-letting or transfer of
contract. Hereafter no sub-letting or transfer of any mail contracts shall be permitted without the consent in writing of the PostmasterGeneral; and whenever it shall come to the knowledge of the Postmaster-General that any contractor has sub let or transferred his contract, except with the consent of the Postmaster-General as aforesaid, the same shall be considered as violated and the service may be again advertised as herein provided for; and the contractor and his securities shall be liable on their bond to the United States for any damage, resulting to the United States in the premises. (20 Stat. 62.)
This was section 2 of an act entitled "An act to regulate the advertising of mail lettings, and for other purposes."
Section 1 of said act provided for the advertisement of mail-lettings for in. land transportation in not exceeding ten newspapers in the State or Territory in which the service should be performed, for six weeks, and prescribed the form of the notice for such mail-lettings. It was superseded by Act March 1. 1881, c. 96, § 1, ante, $ 7424.
Section 3 of the act is set forth post, § 7453.
Section 4 of the act provided that all advertisements, notices, proposals for contracts, etc., required by the Post-Office Department, might be paid for at a price not exceeding the commercial rates charged to individuals, with the usual discounts, and that the Postmaster-General might secure lower terms at special rates when the public interest required it. It was superseded by the more general provision of the same nature of Act June 20, 1878, c. 359, § 1, ante, $ 7185.
Section 5 of the act is set forth post, $ 7454.
Section 6 of the act repealed all laws or parts of laws in conflict with said act.
Provisions authorizing the Postmaster-General to declare contracts sub-let void were made by Act May 4, 1882, c. 116, § 1, post, $ 7455.
§ 7453. (Act May 17, 1878, c. 107, § 3.) Sub-letting contract with
consent; settlements and payments. Hereafter, when any person or persons being under contract with the Government of the United States for carrying the mails, shall lawfully sub-let any such contract, or lawfully employ any other person or persons to perform the service by such contractor agreed to be performed, or any part thereof, he or they shall file in the office of the Second Assistant Postmaster-General a copy of his or their contract; and thereupon it shall be the duty of the Second Assistant Postmaster-General to notify the Auditor of the Treasury for the Post Office Department of the fact of the filing in his office of such contract. Said notice shall embrace the name or names of the original contractor or contractors, the number of the route or routes, the name or names of the sub-contractor or sub-contractors, and the amount agreed to be paid to the sub-contractor or sub-contractors. And upon the receipt of said notice by the Auditor of the Treasury for the Post Office Department, it shall be his duty to retain, out of the amount due the original contractor or contractors, the amount stated in said notice as agreed to be paid to the sub-contractor or sub contractors, and shall pay said amount, upon the certificate of the Second Assistant Postmaster General, to the sub contractor or sub-contractors, under the same rules and regulations now governing the payments made to original contractors: Provided, That upon satisfactory evidence that the original contractor or contractors have paid off and discharged the amount due under his or their contract to the sub-contractor or sub-contractors, it shall be the duty of the Second Assistant Postmaster General to certify such fact to the Auditor of the Treasury for the Post Office Department; and thereupon said Auditor shall settle with the original contractor or contractors, under the same rules as are now provided by law for such settlements. (20 Stat. 62.)
See notes to section 2 of this act, ante, $ 7452. § 7454. (Act May 17, 1878, c. 107, § 5.) Water-route contracts.
When from any cause it may become necessary to make a new contract for carrying the mails upon any water route between the ports of the United States, upon which mail service has previously been performed, the Postmaster-General may contract with the owner or master of any steamship, steamboat or other vessel plying upon the waters or between ports of the United States, for carrying the mail upon said route for any length of time not exceeding four years and without advertising for proposals therefor whenever the public interest and convenience will thereby be promoted; but the price paid for such service shall in no case be greater than the average price paid under the last preceding or then existing regular contract upon the same route. And the Postmaster-General may contract with the owners or masters of steamships, steamboats or other vessels plying upon the waters or between ports of the United States for carrying
the mails upon such routes where no mail service has previously been performed, without advertising for proposals therefor; but no contract for such new service shall be for a longer time than one year. No contract for carrying the mails between the United States and any foreign port shall be for a longer time than two years, unless otherwise directed by Congress. So much of sections thirty-nine hundred and forty-three, thirty-nine hundred and fifty-six, and thirty-nine hundred and seventy of the Revised Statutes as is in conflict with the preceding sections is hereby repealed. (20 Stat. 62.)
See notes to section 2 of this act, ante, $ 7452. R. S. $$ 3943, 3956, repealed in part by this section, are set forth ante, 88 7430, 7441, and R. S. $3970, also repealed in part by this section, is set forth post, $ 7463.
Provisions for ocean mail service between the United States and foreign
ports were made by Act March 3, 1891, c. 519, post, 88 7530–7538. § 7455. (Act May 4, 1882, c. 116, § 1.) Cancellation of contract sub-let; sub-contractor's rights; withholding compensation
; from contractor failing to perform contract. Whenever any contractor or subcontractor shall sublet his contract for the transportation of the mail on any route for a less sum than that for which he contracted to perform the service, the Postmaster-General may, whenever he shall deem it for the good of the service, declare the original contract at an end, and enter into