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17 May 1864.
Forms to be prepared.
Applications to be filed.
Ibid. 3. Amounts regulated.
When orders may be changed.
Ibid. 6. Endorsements regulated.
general; and it shall be the duty of the latter to supply such offices also with the blank forms of application for money orders, one of which the deputy-postmaster shall hand to each applicant for a money order, who shall be required to enter or cause to be entered therein his own name, and the name and address of the party to whom the order is to be paid, together with the amount thereof and the date of application. And all such applications, when filled up and delivered to the deputy-postmaster, shall be preserved on file at his office, for such length of time as the postmaster-general may prescribe.
138. If the purchaser of a money order, from having made an error in stating the name of the office of payment, or the name of the payee, or for other reasons, be desirous that the said money order be modified or changed, it shall be the duty of the deputypostmaster from whom he received it, to take back, at his request, the first order, and issue another in lieu thereof, for which a new fee shall be charged and exacted; and it shall also be the duty of a deputy-postmaster to repay the amount of any money order to the person who obtained it, if the latter apply for such repayment and return the money order; but the charge or fee paid therefor shall not in any case be refunded. 139. If any money order be not presented to the deputy-postmaster on whom it is Presentation of drawn, within ninety days after its date, it shall not be valid or payable; but the postmaster-general shall be and he is hereby authorized, on application of the payee of such money order, to cause a new order, in lieu thereof, to be issued in his favor, for which a When duplicate second fee shall be exacted. And the postmaster-general is further authorized, when
ever a money order shall have been lost, to cause a duplicate thereof to be issued, for which a second fee shall be paid, on application of the remitter or of the payee of such order, provided the party losing the original shall furnish a statement, under oath or affirmation, setting forth the loss or destruction thereof, and a certificate from the postmaster by whom it was payable, that it had not been paid, and that it would not thereafter be paid.
137. No money order shall be issued for any sum less than one or more than thirty dollars. * * (a)
Payments and transfers.
140. The payee of a money order may, by his written endorsement thereon, direct it to be paid to any other person, and it shall be the duty of the deputy-postmaster on whom it is ordered, to pay the amount thereof to the person thus designated, provided the person to whom the money order is endorsed shall furnish such proof as the postmaster-general may require, that the written endorsement is genuine, and that he is the person thereby empowered to receive payment of the order; but such second person shall not be at liberty to endorse the same order to a third party, and more than one endorsement shall render any order invalid, and not payable, and the holder thereof, in order to obtain the amount of the order, shall be required to apply in writing to the postmaster-general for a new order in lieu thereof, for which new order a second fee shall be charged: Provided, however, That in all cases under this section the original order shall be returned, and such proof shall be made of the genuineness of the endorsement thereon, as the postmaster-general may require.
141. Deputy-postmasters, at money-order offices, may be allowed by the postmasterCompensation of general, as a compensation for the issuing and paying of money orders, not exceeding one-third of the whole amount of fees on money orders issued, and at the option of the postmaster-general, one-eighth of one per centum on the gross amount of orders paid at their offices: Provided, That all emoluments arising from such rates of compensation shall be subject to the provisions of the 41st section of the act of 3d of March 1825, (b) entitled "An act to reduce into one the several acts establishing the post office department."
142. It shall be the duty of the postmaster-general to require all postmasters who may be authorized to issue and pay money orders, to execute new official bonds condigive new bonds. tioned for the faithful performance of all duties and obligations imposed by this act. in
Ibid. 28. Postmasters to
addition to those required of them by existing laws as postmasters; and it shall be the duty of the postmaster-general to direct all payments or transfers to or from moneyorder offices. He may direct transfers of money-order funds from one postmaster to another, and he may require and direct transfers or payments to be made from the funds received for money orders to creditors of the post office department, to be replaced by equivalent transfers from the funds of said department arising from postages; and he may require and direct transfers of payments to be made from the funds of the post office department in the hands of any postmaster, arising from postages, to the moneyorder offices. And it shall be the further duty of the postmaster-general to require each postmaster to render to the auditor of the treasury for the post office department, weekly, semi-weekly or daily accounts of all money orders issued and paid, and of all fees (b) 1 vol. 780, pl. 139.
(a) See infra 149.
received for issuing them, of all transfers or payments made from funds received for money orders, and of all moneys received to be applied to the payment of money orders, or on account of money-order offices.
143. Out of the moneys paid into the treasury for the service of the post office department, the postmaster-general shall have power to transfer to the deputy-postmaster of Transfers to pay any money-order office, such sum as may be required, over and above the current reve- money orders. nue thereof, to pay money orders drawn on the latter; and such transfers shall be made by warrant on the treasury by the postmaster-general, and countersigned and registered by the auditor of the treasury for the post office department.
144. It shall be the duty of the auditor of the treasury for the post office department, to receive all accounts arising in the money-order offices or relative thereto, and to audit Accounts to be and settle the same, and to certify their balances to the postmaster-general, as often as audited. he may require; he shall keep and preserve all accounts arising in said offices, and shall report to the postmaster-general all delinquencies of postmasters in rendering their money-order accounts, or in paying over money-order funds; he shall keep the accounts of the money-order offices separately from the accounts for postages, and in such manner as to show the number and amount of money orders issued by each postmaster, and the number and amount of money orders paid, the amount of fees received, and all the expenses of the establishment; and it shall be the further duty of the auditor to superintend the collection of all debts due to the United States, or to the post office department, by present or late postmasters, or other persons who are or may have been employed in the money-order offices; he shall direct suits and legal proceedings, and take all such measures as may be authorized by law to enforce the payment of such debts, or for the recovery of any penalties arising under the provisions of this act.
145. All moneys received for the sale of money orders, including all fees received for selling the same, all moneys transferred from the funds of the post office department to Punishment of the money-order offices, all funds transferred or paid from the money-order offices to the embezzlement. use and service of the post office department, and all transfers of funds from one postmaster to another for the use of the money-order offices, shall be deemed and taken to be the moneys in the treasury of the United States. And if any postmaster, assistant, clerk or other person employed in or connected with the business or operations of the money-order offices, shall convert to his own use, in any way whatever, or shall use by way of investment in any kind of property or merchandise, or shall loan, with or without interest, or shall deposit in any bank, or shall exchange for other funds, any portion of such moneys, every such act shall be deemed and adjudged to be an embezzlement of so much of said moneys as shall be thus taken, converted, used, loaned, deposited or exchanged, which is hereby declared to be a felony; and any failure to pay over or to produce the moneys intrusted to such person for the use of the money-order offices shall be held and taken to be primâ facie evidence of such embezzlement. And any postmaster, assistant, clerk or other person employed in or connected with the business of the money-order offices, and all other persons advising or participating in such act, on being convicted thereof before any court of the United States of competent jurisdiction, shall be sentenced to imprisonment for a term of not less than six months nor more than ten years, and to a fine equal to the amount of the money embezzled. And upon the Evidence. trial of any indictment against any person for embezzling public money under the provisions of this act, it shall be primâ facie evidence for the purpose of showing a balance against such person, to produce a transcript from the money-order account-books of the auditor of the treasury for the post office department; and such transcript, when certified by said auditor under his seal of office, shall be admitted as evidence in the courts of the United States.
17 May 1864.
146. If any person shall falsely make, forge, counterfeit, engrave or print, or cause or procure to be falsely made, forged, counterfeited, engraved or printed, or willingly Forgery of aid or assist in falsely making, forging, counterfeiting, engraving or printing any order money orders punished. in imitation of or purporting to be a money order issued by one postmaster upon another postmaster; or shall falsely alter, or cause or procure to be altered, or willingly aid or assist in falsely altering, any money order issued as aforesaid; or shall pass, utter or publish, or attempt to pass, utter or publish, as true, any false, forged or counterfeited order, purporting to be a money order as aforesaid, knowing the same to be falsely forged or counterfeited; or shall pass, utter or publish, or attempt to pass, utter or publish, as true, any falsely-altered money order, issued as aforesaid, knowing the same to be falsely altered, with an intent to defraud; every such person shall be deemed and adjudged guilty of felony, and being thereof convicted, shall be sentenced to be imprisoned and kept at hard labor for a period of not less than three years, nor more than ten years, and be fined in a sum not exceeding five thousand dollars. (a)
(a) See tit. "Crimes," 30, ante 159.
17 May 1861 13.
147. For the purpose of carrying on the business of the money order offices, and Superintendent keeping and settling their accounts, the postmaster-general may appoint, in his depart
ment, one superintendent of the money-order system, [at an annual salary of twenty-five hundred dollars,](a) and three clerks, to wit: one of class four and two of class three. And the secretary of the treasury may, from time to time, appoint in the office of the auditor of the treasury for the post office department, the necessary clerks, in all not to exceed six, to wit: one of class four and five of class two. And the postmastergeneral is further authorized to cause such additional clerks to be employed in the money-order offices, as he may find necessary for conducting the operations of the money-order system, whose compensation shall be paid out of the proceeds of the money-order business.
3 Mar. 1865 2 11. 13 Stat. 506,
Deposits in national banks, &c.
12 June 1866 3. 11 Stat. 60.
Amount increased. Ibid. 4. To be valid for one year. Duplicates. Oaths.
27 July 1868 2. 15 Stat. 194.
148. Nothing contained in the act entitled "An act to establish a postal money-order system," approved May 17th 1864, or in any other act, shall be so construed as to prevent deputy-postmasters, at money-order or other offices, from depositing in the national banks designated by the secretary of the treasury as public depositories, to their own credit as deputy postmasters, money orders, or other funds in their charge, under the direction of the postmaster-general, nor to prevent their negotiating drafts, orders or other evidences of debt through these banks, as they may be instructed and required by the postmaster-general.
149. That the third section of the act entitled "An act to establish a postal moneyorder system," approved May 17, 1864, be and the same is hereby amended, so as to authorize the issuing of a money order for any sum not to exceed fifty dollars.
151. All persons who receive money orders shall be required to pay therefor the following charges or fees, viz.: for one dollar or any sum not exceeding twenty dollars, a fee of ten cents shall be charged and exacted by the postmaster giving said order; for all orders exceeding twenty dollars and not exceeding thirty dollars, the charge shall be fifteen cents; for all orders exceeding thirty dollars and not exceeding forty dollars, the fee shall be twenty cents; for all orders exceeding forty dollars and Compensation of not exceeding fifty dollars, the fee shall be twenty-five cents. And furthermore the
compensation of deputy-postmasters for the payment of money orders is hereby increased from one-eighth to one-fourth of one per centum on the gross amount of orders paid at their respective offices; and nothing contained in any act shall be so construed as to deprive postmasters at money-order offices of the compensation for transacting the money-order business fixed by the act of May 17th 1864, and modified as stated in this section: Provided always, That the amount of such annual compensation, together with the postmaster's salary, shall not in any case exceed the salary established by law for postmasters of the first class.
150. A money order shall be valid and payable when presented to the deputy-postmaster on whom it is drawn within one year after its date, but for no longer period; [and in case of the loss of a money-order a duplicate thereof shall be issued without charge, on the application of the remitter or payee, who shall make the required proofs; (b) and postmasters at all money-order offices are hereby authorized and required to administer to the applicant or applicants, in such cases, the required oath or affirmation, free of charge.
Ibid. 15. Foreign postal money orders.
to be issued.
152. In case of the loss of a money order, a duplicate thereof shall be issued by the How duplicates superintendent of the money-order office without charge, on the application of the remitter or payee of the original: Provided, That the applicant furnish a certificate from the postmaster on whom the same was drawn, that it had not been and would not thereafter be paid, and a similar certificate from the postmaster by whom it was issued that it had not been and would not be repaid to the purchaser. And a second fee shall not be charged for a duplicate money order issued to replace an order that has been rendered invalid, because of non-presentation for payment within one year after its date, or because of illegal endorsements.
153. That the postmaster-general be and he is hereby authorized, to conclude arrangements with the post departments of foreign countries, with which international postal conventions have been or shall be concluded, for the exchange of small sums of money by means of postal orders, the maximum amount of which shall not exceed that fixed by law for domestic money orders, at such rates of exchange and under such rules and regulations as he may deem expedient; and the expense incurred in establishing and conducting such system of exchange may be paid out of the proceeds of the money-order business.
XV. MISCELLANEOUS PROVISIONS.
13 Stat. 64.
154. In all cases where loyal postmasters have been robbed by Confederate forces or 29 April 1864 2 1. rebel guerrillas, of post office stamps, stamped envelopes, or of money received and collected for, belonging to, and held for the government of the United States, and where Relief of postsuch robbery has not been caused by the default or negligence of the postmaster, the by guerrillas, &c. postmaster-general shall be and he is hereby authorized to credit such postmaster, in the settlement of his accounts, with the amount of which he may have been so robbed. And in cases where no such credit has been allowed, and the postmaster has been required to and has accounted for and paid over to the post office department the sum or sums of which he may have been so robbed, as aforesaid, the postmaster-general is authorized to refund the same to such postmaster.
13 Stat. 505.
155. That the provisions of the act entitled "An act for the relief of postmasters who 3 March 1865 2. have been robbed by Confederate forces or rebel guerrillas," approved April 29th 1864, be and the same are hereby extended to cases of loyal postmasters where, by reason of Extended to the presence of armed forces, a post office is destroyed and the postmaster loses the fixtures and furniture or postage stamps and stamped envelopes; and also to cases where such losses are occasioned by armed forces other than those of the so-called Confederate States.
13 Stat. 516.
156. That unclaimed money in dead letters for which no owner can be found, and also 3 March 1865 ₫ 5. all money derived from sales of waste paper or other public property in post offices or the post office department, be deposited in the treasury of the United States, under the Appropriation of direction of the postmaster-general, for the service of the post office department; and and proceeds of any postmaster or clerk in a post office, or any other clerk, officer or agent of the post office department, having temporary custody of such money, and wilfully neglecting to deposit the same as herein provided, shall be deemed to be guilty of felony, and be subject to a fine not exceeding double the sum so retained by such clerk or other agents as aforesaid, or imprisonment not exceeding three years, or both, at the discretion of the court.
1. Where transitory actions to be brought. Service of process in another district. Process in local actions.
2. Where local actions to be brought in respect to land, &c., in different districts.
3. Possessory actions.
11 Stat. 272.
tory actions to be
1. All suits, not of a local nature, hereafter to be brought in the circuit and district 4 May 1858 21. courts of the United States, in a district in any state containing more than one district, against a single defendant, shall be brought in the district in which the defendant Where transiresides; but if there be two or more defendants, residing in different districts in the brought. same state, the plaintiff may sue in either district and issue a duplicate writ against Service of the defendants, directed to the marshal of any other district within the state in which in another disany of the defendants reside; (a) on which duplicate writ the clerk issuing the same shall endorse that it is a true copy of a writ sued out of the court of the proper district; and such original and duplicate writs, so issued, shall, when executed and returned into the office from which they issued, constitute one suit and be proceeded on accordingly; and upon any judgment rendered in a suit so brought, process of execution may be issued, directed to the marshal of any district in the same state. And in suits of a local na- Process in local ture, where the defendant resides in a different district, in the same state, than the one in which the suit is brought, the plaintiff may have original and final process against such defendant, directed to the marshal of the district in which he resides.
brought in re
2. In all cases of a local nature, at law or in equity, where the land or other subjectmatter of a fixed character lies partly in one district and partly in another district where local within the same state, the plaintiff may bring his action or suit in the circuit or district actions to be court of either district; and the court in which any such action or suit shall have been spect to land, &c., commenced, as aforesaid, shall have jurisdiction to hear and decide the same, and to tricts. cause mesne or final process to be issued and executed, as fully as if the land or other subject-matter were wholly within the district for which such court is constituted.
in different dis
3. No possessory action between individuals in any of the courts of the United States for the recovery of any mining title, or for damages to any such title, shall be affected Possessory ac by the fact that the paramount title to the land on which such mines are, is in the tions. United States, but each case shall be adjudged by the law of possession.
(a) Under this act, a subpoena in equity may issue to bring in supplemental as to the former parties, is original as to such new a party residing in another district, though the original suit was party. Winter v. Ludlow, 3 Phila. 464. commenced before the passage of the act; the proceeding, though
I. PUBLIC PRINTING.
1. Printing of documents by both houses regulated. Number Receipts. of copies. Distribution. Composition.
2. Printing of patent office report.
3. Printing of annual statement of imports and exports.
4. Form and style to be determined by superintendent.
5. Number of bills.
10. Commercial relations.
11. Mail contracts not to be printed without special order. 12. Printing of laws.
13. Papers relating to foreign affairs.
14. Form and style.
15. Report of commissioner of internal revenue.
16. Number of copies of reports of executive departments.
6. Printing only to be executed on order in writing.
7. Documents to be furnished to printer in advance of annual received and how expended. reports. To be edited.
26. Engraving, how executed.
8. Heads of departments to furnish copies of reports.
27. Annual estimates to be prepared. Reports to congress.
9. Number of copies to be printed.
II. GOVERNMENT PRINTING OFFICE.
19. How public printing to be executed. Buildings and materials to be purchased.
Their duties. Num
20. Duties of superintendent. Foremen. ber of hands.
21. Responsibility for manuscripts, &c. Accounts. Advances. Limit of prices.
3 March 1859 3. 11 Stat. 422.
22. Superintendent to be charged with paper and materials. 23. All printing to be executed under the provisions of this act.
24. Further duties of the superintendent. 25. Standard weight of paper to be fixed. advertise for proposals. How differences to ceedings on default of contractor. Liability.
3 March 1863 3. 12 Stat. 825.
3 Feb. 1864. 13 Stat. 402.
Superintendent to be adjusted. ProAccounts of paper
28. Penalty for being concerned in contracts.
29. Punishment for collusion with contractors.
30. Estimates and reports of payments.
31. Superintendent's report.
32. Advertisements for proposals.
I. PUBLIC PRINTING.
1. After the expiration of the present session of congress, when any document shall be ordered to be printed by both houses of congress, whether the copies ordered be the Printing of docu- reserved [regular] number or additional [extra] numbers, the entire printing of such
ments ordered by both houses regulated.
documents shall be done by the printer of that house which first ordered the same; and the house so first ordering the same shall immediately notify the other house of such order. And the superintendent of public printing is hereby directed, in all cases when any document has been ordered to be printed by both houses of congress, to cause the order of the house last making the order to print such document to be executed by the printer of the house first ordering the same, and to further cause the other house to be Number of copies. furnished with the number ordered by it. And in no case shall more than one thousand
33. Lithographing and engraving.
34. Printing of extra copies of documents.
35. Purchase of paper.
36. Estimates for paper to be submitted. Advertisements for proposals. Form of proposals.
37. Powers of superintendent. How differences with contractor to be determined. New contract, in case of default. Liability of defaulting contractor. Purchases in open market.
38. Election of congressional printer.
39. His duties.
41. All printing to be done at the government office.
42. Laws regulating prices repealed.
43. Printing of specifications for patents.
Ibid. 4. Printing of patent office report. and house of representatives, to be prepared and submitted in such manner, as that the
2. That the secretary of the interior be and he is hereby directed to cause the annual report of the commissioner of patents on mechanics, hereafter to be made to the senate
plates and drawings necessary to illustrate each subject shall be inserted so as to conprise the entire report in one volume, not to exceed eight hundred pages.
3. It shall be the duty of the secretary of the treasury to furnish a condensed statement of the aggregate amount of the exports to, and imports from foreign countries, to the superintendent of the public printing, on or before the first day of November of
Printing of annual state
ment of exports each year, who shall print and bind as soon thereafter as practicable ten thousand copies
thereof, to be distributed as follows, viz.: the usual number (one thousand five hundred and fifty) for the two houses of congress; three hundred copies for the treasury department; two thousand for the use of the members of the senate; and six thousand one hundred and fifty copies for the use of the members of the house of representatives.
4. The form and style in which the printing ordered by either house of congress or by any of the departments, shall be executed, and the size of type to be used, shall be
Form and style
to be determined determined by the superintendent of public printing, having proper regard to economy
five hundred and fifty copies of any document be printed, unless the printing of extra numbers be ordered by either house; and the one thousand five hundred and fifty copies as reserved [regular] numbers, shall be distributed by the officers of the house first ordering the printing of the same, to the same persons and in the same manner as such numbers heretofore ordered by both houses have been distributed; and in all such cases the payment for composition shall be the same as though the printing had been ordered by but one house.
5. That the superintendent of public printing be directed to print hereafter seven hundred copies of every bill or joint resolution ordered or required to be printed by Number of bills. either the senate or the house of representatives, under any rule of either house, unless
some other number be specially required by the house ordering the same.