Public Law 38–XL

That all steamers and sailing vessels belonging to citizens of the United States, and bound from any port in the United States to any foreign port, or from any foreign port to any port in the United States, shall, before clearance, receive on board and securely convey all such mails as the post-office department of the United States, or any minister, consul, or commercial agent of the United States abroad shall offer, and promptly deliver the same to the proper authorities, on arriving at the port of destination, and shall receive for such service such reasonable compensation as may be allowed by law.

Sec. 2.

And be it further enacted, That upon the entry of every steamer or sailing vessel from any foreign port, the master or commander thereof shall make return, on oath or affirmation, showing that he has promptly delivered at such foreign port or ports all mails placed on board of the steamer or vessel under his command before clearance from the

Penalty for failure.

United States. And in case the master or commander shall fail to make oath or affirmation as aforesaid, showing that he has delivered the mails placed on board his steamer or vessel in good faith, the said steamer or vessel shall not be entitled to the privileges of a steamer or vessel of the United States.

Sec. 3.

And be it further enacted, That the Postmaster-General be, and is hereby, authorized to make contracts, to continue not exceeding four years, for the transportation of all mailable matter other than letters, and of such letters as may be so directed, by the Isthmus of Panama or

Cost not to exceed, &c.

the Nicaragua route, or both of them: Provided, That the expenditure for the service shall not exceed one hundred and sixty thousand dollars

If more than one company renders the service.

per annum. And in case more than one company is engaged in rendering this service, the Postmaster-General shall determine the proportion which shall be paid to each.

Sec. 4.

And be it further enacted, That all mailable matter which may be conveyed by mail westward beyond the western boundary of Kansas, and eastward from the eastern boundary of California shall be subject to prepaid letter postage rates: Provided, however, That this section shall not be held to extend to the transmission by mail of newspapers from a THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 41, 42. 1864.known office of publication to bona fide subscribers, not exceeding one copy to each subscriber, nor to franked matter, to and from the intermemediate points between the boundaries above named, at the usual rates: Provided, further, That such franked matter shall be subject to such

Proviso.

regulations as to its transmission and delivery as the Postmaster-General shall prescribe.

Sec. 5.

And be it further enacted, That the Postmaster-General may,

Contracts for carrying the mails in steam-ships by sea between ports of the United States, &c.

if he shall deem it for the public interests, enter into contracts for any period not exceeding one year, for the transportation of the mails in steamships, by sea, between any of the ports in the United States; and that the sea-service already performed by his order on the Atlantic coast and Gulf of Mexico be paid for out of any moneys appropriated for the service of the post-office department. Also for such service already

Appropriation for Pacific coast.

performed upon the Pacific coast a sum not exceeding fifteen hundred dollars, to be paid for out of any moneys appropriated for the service of the post-office department.

Sec. 6.

And be it further enacted, That if any person or persons shall

Penalty for placing words “United States mail,” &c. on a coach or vessel not used to carry the mail;

paint, print, post, or in any other manner place upon, or attach to, any steamboat or other vessel, or any stage-coach or other vehicle, which steamboat or other vessel, or stage-coach or other vehicle, is not actually used in carrying the mails of the United States, the words “United States mail,” or any other words, letters or characters of like import; or if any person or persons shall give notice, either by publishing in any

for advertising such coach or vessel.

newspaper or otherwise, that any steamboat or other vessel, or any stage-coach or other vehicle, is used in carrying the mails of the United States, when the same is not actually so used, every person so offending or wilfully aiding or abetting therein, shall, on conviction thereof in any court of competent jurisdiction, be filled in any sum not less than one hundred nor more than five hundred dollars for every such offence; one half for the use of the United Suites and the other half to the use of the person informing and prosecuting for the same.

Sec. 7.

And be it further enacted, That the Postmaster-General be,

Part of act of 1852, ch. 113, § 8, may be suspended.

Vol. x. p. 14l.

and he is hereby, authorized and empowered to suspend the operation of so much of the eighth section of the act of the thirty-first of August, eighteen hundred and fifty-two, as authorizes the conveyance of letters otherwise than in the mails on any such, mail routes as in his opinion the public interest may require.