it was payable that it has not been, and will not thereafter be, paid: and a similar certificate from the postmaster by whom it was issued that it has not been, and will not thereafter be, repaid. Whenever a money order, which has not been paid within one year from the last day of the month of issue, has been lost, the Postmaster-General, upon the application of the remitter or payee of such order, shall issue a warrant for the payment thereof, as provided for in section four of this Act, without charge, on the certificate of the Auditor of the Treasury for the Post-Office Department, or upon such other proof satisfactory to the Postmaster-General, that the order has not been paid.

Act June 8, 1872, c. 335, § 115, 17 Stat. 298. Act Jan. 27, 1894, c. 21, § 11, 28 Stat. 33.

This section was amended by Act Jan. 27, 1894, c. 21, § 11, cited above, by inserting, after the words "has been lost," the words "within one year from the last day of the month of issue," and by adding, at the end of the section as originally enacted, the provision beginning with the words, "Whenever a money-order, which has not been paid within one year," etc., to the end of the section as set forth here.

Section 4 of Act Jan. 27, 1894, c. 21, which is referred to in the portion of this section, added by said amendment, and which provided for payment of lost money orders not paid within one year from the last day of the month of issue, itself amended section 5 of Act March 3, 1883, c. 123, which is set forth as so amended ante, § 7560, and which provided for payment of money orders remaining unpaid one year or more from the last day of the month of their issue, by warrant of the Postmaster-General.

§ 7570. (Act July 16, 1894, c. 137, § 4, as amended, Act March 3, 1897, c. 385.) Payment of unpaid money orders after lapse of seven years.

The Postmaster-General upon evidence satisfactory to him, and under such special regulations as he shall prescribe, may cause payment to be made in the manner prescribed in sections four and eleven of the Act approved January twenty-seventh, eighteen hundred and ninety-four, of the amount of any money order remaining unpaid after the lapse of seven years from the date of its issue. (28 Stat. 107. 29 Stat. 648.)

Other provisions of this section, preceding those set forth here, related to the destruction of money-order statements and paid money orders. They were superseded by similar provisions of Act May 27, 1908, c. 206, § 1, ante, § 609. The amendment of this section by Act March 3, 1897, c. 385, cited above, consisted in the insertion of the word "seven," instead of "ten," wherever it occurred in the original provision.

Act Jan. 27, 1894, c. 21, §§ 4, 11, mentioned in this section, amended Act March 3, 1883, c. 123, § 5, and R. S. § 4040, and are respectively incorporated therein, as set forth ante, §§ 7560, 7569.

The provisions of this section, in so far as they applied to the payment of domestic money orders were superseded by subsequent provisions relating to such orders, made by Act May 27, 1908, c. 206, § 1, post, § 7571.

§ 7571. (Act May 27, 1908, c. 206, § 1.) Payment of domestic money orders unpaid after three years.

The Postmaster-General, upon evidence satisfactory to him, and under such special regulations as he shall prescribe, may cause payment to be made in the manner prescribed in sections four and eleven of the Act approved January twenty-seventh, eighteen hundred and

ninety-four, of the amount of any domestic money order remaining unpaid after the lapse of three years from the date of its issue. And it shall hereafter be the duty of the Auditor for the Post-Office Department to maintain a complete and permanent record of all unpaid money orders issued by postmasters in the United States, or such of its insular possessions as are amenable to the authority of the Postmaster-General for payment within its own territory, such record to serve as a basis for adjudicating claims for payment by warrant of the amounts of said orders. (35 Stat. 416.)

These were provisions of the postal service appropriation act for the fiscal year 1909, cited above.

These provisions superseded the provisions of Act July 16, 1894, c. 137, § 4, as amended by Act March 3, 1897, c. 385, ante, § 7570, in so far as those provisions related to domestic money orders.

Act Jan. 27, 1894, c. 21, §§ 4, 11, mentioned in the above proviso, amended Act March 3, 1883, c. 123, § 5, and R. S. § 4040, and are respectively incorporated therein, as set forth ante, §§ 7560, 7569.

§ 7572. (Act March 4, 1913, c. 149.) Money orders issued January 1, 1912, to June 1, 1912, not to be assorted; statements to be retained.

Hereafter the Auditor for the Post Office Department shall not assort and verify the money orders pertaining to postmasters' issued lists covering the period from January first, nineteen hundred and twelve, to June thirtieth, nineteen hundred and twelve: Provided, That the statements for said period and accompanying money orders shall be retained as a part of the record of unpaid money orders required by the Act approved May twenty-seventh, nineteen hundred and eight. (37 Stat. 915.)

This was a provision of the deficiency appropriation act for the fiscal year 1913, cited above.

Act May 27, 1908, mentioned in this section, is Act May 27, 1908, c. 206, § 1, set forth ante, § 7571.

§ 7573. (R. S. § 4041, as amended, Act Sept. 19, 1890, c. 908, § 3.) Payment of money-orders issued in favor of lotteries, etc., may be forbidden and money returned; evidence of agency. The Postmaster-General may, upon evidence satisfactory to him that any person or company is engaged in conducting any lottery, gift enterprise, or scheme for the distribution of money, or of any real or personal property by lot, chance, or drawing of any kind, or that any person or company is conducting any other scheme for obtaining money or property of any kind through the mails by means of false or fraudulent pretenses, representations, or promises, forbid the payment by any postmaster to said person or company of any postal money-orders drawn to his or its order, or in his or its favor, or to the agent of any such person or company, whether such agent is acting as an individual or as a firm, bank, corporation, or association of any kind, and may provide by regulation for the return to the remitters of the sums named in such money-orders.

But this shall not authorize any person to open any letter not addressed to himself.

Ch. 13)

THE POSTAL SERVICE

The public advertisement by such person or company so conducting any such lottery, gift enterprise, scheme, or device, that remittances for the same may be made by means of postal money-orders to any other person, firm, bank, corporation, or association named therein shall be held to be prima facie evidence of the existence of said agency by all the parties named therein; but the PostmasterGeneral shall not be precluded from ascertaining the existence of such agency in any other legal way.

Act June 8, 1872, c. 335, § 300, 17 Stat. 323. Act Sept. 19, 1890, c. 908, § 3, 26 Stat. 466.

This section, as originally enacted, was as follows:

"The Postmaster-General may, upon evidence satisfactory to him that any person is engaged in conducting any fraudulent lottery, gift-enterprise, or scheme for the distribution of money, or of any real or personal property, by lot, chance, or drawing of any kind, or in conducting any other scheme or device for obtaining money through the mails by means of false or fraudulent pretenses, representations, or promises, forbid the payment, by any postmaster, to any such person of any postal money-order drawn to his order or in his favor, and may provide by regulations for the return, to the remitter, of the sums named in such money-orders. But this shall not authorize any person to open any letter not addressed to himself."

It was amended by Act Sept. 19, 1890, c. 908, § 3, cited above, to read as set forth here.

Provisions for the suppression of the lottery traffic through national and interstate commerce and the postal service were made by Act March 2, 1895, c. 191, §§ 1-3, 28 Stat. 963; and section 3 of that act provided that nothing contained in the act should be deemed to repeal by implication this section. Sections 1 and 2 of said Act March 2, 1895, c. 191, were incorporated into the Criminal Code in sections 213, 217, thereof, post, §§ 10383, 10407, and were repealed by section 341 thereof, post, § 10515.

Registered letters addressed to lottery companies or agents might be returned to the sender, by R. S. § 3929, as amended by Act Sept. 19, 1890, c. 908, § 2, incorporated into said section, ante, § 7411; and the power conferred by that section over registered mail was extended to all mail matter by Act March 2, 1895, c. 191, § 4, ante, § 7412.

Lottery tickets, circulars, etc., were not mailable, by R. S. § 3894, as amended by Act July 12, 1876, c. 186, § 2, 19 Stat. 90, and by Act Sept. 19, 1890, c. 908, § 1, 26 Stat. 465. It was incorporated into the Criminal Code in section 213 thereof, post, § 10383, and was repealed by section 341 thereof, post, § 10515.

§ 7574. (R. S. § 4042.) Transfer of money-order funds.

All payments and transfers to and from money-order offices shall be under the direction of the Postmaster-General. He may transfer money-order funds from one postmaster to another, and from the postal revenue to the money-order funds; and he may transfer money-order funds to creditors of the Department, to be replaced by equivalent transfers from the postal revenues.

Act June 8, 1872, c. 335, §§ 117, 118, 17 Stat. 299.

§ 7575. (R. S. § 4043.) Transfer by warrant to money-order funds. The Postmaster-General may transfer to the postmaster at any money-order office, by warrant on the Treasury, countersigned by the [Sixth Auditor] and payable out of the postal revenues, such sum as may be required over and above the current revenues at his office to pay the money-orders drawn upon him.

Act June 8, 1872, c. 335, § 118, 17 Stat. 299.

The words "Sixth Auditor," inclosed in brackets in this section, were su(3375)

perseded by the change of designation of that officer to "Auditor for the Post-Office Department" by the Dockery Act of July 31, 1894, c. 174, § 3, ante, § 417.

§ 7576. (R. S. § 4044, as amended, Act Jan. 27, 1894, c. 21, § 8.) Report of money-order funds.

It shall be the duty of postmasters at post-offices authorized to issue money orders to render to the Auditor of the Treasury for the PostOffice Department monthly, semimonthly, weekly, semiweekly, or daily accounts of all money orders issued and paid, of all fees received. for issuing them, of all transfers and payments made from moneyorder funds, and of all money received to be used for the payment of money orders or on account of money-order business.

Act June 8, 1872, c. 335, § 119, 17 Stat. 299. Act Jan. 27, 1894, c. 21, 8, 28 Stat. 32.

This section, as originally enacted, was as follows:

§

"The Postmaster-General shall require each postmaster at a money-order office to render to the Post-Office Department weekly, semi-weekly, or daily accounts of all money-orders issued and paid; of all fees received for issuing them; of all transfers and payments made from money-order funds; and of all money received to be used for the payment of money-orders or on account of money-order business."

It was modified by Act July 16, 1892, c. 196, § 1, 27 Stat. 195, and was amended, as so modified, by Act Jan. 27, 1894, c. 21, § 8, cited above, to read as set forth here.

Monthly statements of money-orders outstanding more than one year were required by Act March 3, 1883, c. 123, § 5, as amended by Act Jan. 27, 1894, c. 21, § 4, ante, § 7560.

Coupons of money-orders issued must be forwarded to the Auditor for the Post-Office Department with the money-order accounts, by R. S. § 4034, as amended by Act Jan. 27, 1894, c. 21, § 9, incorporated into that section, ante, § 7562.

Recalled letters of advice were required to be attached to such accounts by R. S. § 4039, as amended by Act Jan. 27, 1894, c. 21, § 6, incorporated into that section, ante, § 7568.

Postmasters were required to render quarterly accounts of money received for postage, rent of boxes, etc., by R. S. § 3843, ante, § 7204.

§ 7577. (R. S. § 4045.) What to be money-order funds.

All money received for the sale of money-orders, including all fees thereon, all money transferred from the postal revenues to the money-order funds, all money transferred or paid from the money-order funds to the service of the Post-Office Department, and all moneyorder funds transferred from one postmaster to another, shall be deemed and taken to be money-order funds and money in the Treasury of the United States. And it shall be the duty of the assistant treasurer of the United States to open, at the request of the Postmaster-General, an account of "money-order funds" deposited by postmasters to the credit of the Postmaster-General, and of drafts against the amount so deposited, drawn by him and countersigned by the [Sixth Auditor].

Act June 8, 1872, c. 335, § 121, 17 Stat. 299.

The words "Sixth Auditor," inclosed in brackets in this section, were superseded by the change of designation of that officer to "Auditor for the PostOffice 'Department" by the Dockery Act of July 31, 1894, c. 174, § 3, ante, § 417.

§ 7578. (R. S. § 4046.) Issuance of duplicates of lost checks by disbursing officers.

Disbursing officers of the United States shall issue, under regulations to be prescribed by the Secretary of the Treasury, duplicates of lost checks drawn by them in favor of any postmaster on account of money-order or other public funds received by them from some other postmaster.

Act June 8, 1872, c. 335, § 122, 17 Stat. 299. Act March 3, 1873, c. 272, 17 Stat. 604.

This section, as enacted in the Revised Statutes, contained provisions preceding that set forth here making punishable the conversion by a postmaster or other employé of the money-order funds. Those provisions were incorporated into the Criminal Code, in section 225 thereof, post, § 10395, and were repealed by section 341 thereof, post, § 10515.

(R. S. § 4047. Superseded.)

This section provided that postmasters at money-order offices might be allowed, as compensation for issuing and paying money-orders, not exceeding a third of the fees collected, and a fourth of one per cent. on the gross amount of orders paid, provided that such compensation, together with the postmaster's should not exceed $4,000 a year, except in the case of the postmaster at New York City. It was superseded by Act March 3, 1883, c. 123, § 4, ante, § 7559.

(R. S. § 4048. Repealed.)

This section authorized the Postmaster-General to pay out of the proceeds of the money-order business the cost of stationery and incidental expenses for the transaction of that business. It was expressly repealed by Act March 3, 1897, c. 385, § 1, 29 Stat. 648.

Books, blank books, and other printed or engraved matter supplied for the transaction of the money-order business were required to be obtained from the lowest bidders, under proposals to furnish the same for a period of four years, by Act March 3, 1883, c. 123, § 2, ante, § 7557.

§ 7579. (Act March 4, 1911, c. 241, § 8.) Postal notes; issue and payment.

The Postmaster General may authorize postmasters at such offices as he shall designate, under such regulations as he shall prescribe, to issue and pay money orders of fixed denominations, not exceeding ten dollars, to be known as postal notes.

That postal notes shall be valid for six calendar months from the last day of the month of their issue, but thereafter may be paid under such regulations as the Postmaster General may prescribe.

That postal notes shall not be negotiable or transferable through indorsement.

That if a postal note has been once paid, to whomsoever paid, the United States shall not be liable for any further claim for the amount thereof. (36 Stat. 1340.)

This section was part of the postal service appropriation act for the fiscal year 1912, cited above.

A previous provision authorizing the issue of postal notes, Act March 3, 1883, c. 123, § 1, amended by Act Jan. 3, 1887, c. 13, 24 Stat. 354, was repealed by Act Jan. 27, 1894, c. 21, § 1, 28 Stat. 30.

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