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however, it reaches the office of delivery unpaid, and the party addressed shall refuse to pay letter postage thereon, further proceedings shall be waived, there being no concealment or attempt at fraud, and the package placed with the other refused matter in the office. A pen or pencil mark made for the sole purpose of attracting the eye to a particular article or portion of printed matter, does not subject such matter to letter postage.
Contractors and mail carriers may carry newspapers out of the mails, for sale or distribution among regular subscribers; but when such papers are placed in a post-office for delivery, postage must be charged and collected. Contractors and other persons may also convey books, pamphlets, magazines, and newspapers (not intended for immediate distribution) done up in packages as merchandise, and addressed to some bona fide agent or dealer.
It is proper to forward a letter when duly requested. When forwarded, no additional postage should be charged, if the letter, contrary to its address, has been missent. If it has been sent according to its address, and then forwarded, it must be charged with additional postage, at the pre-paid rate, according to distance, established by the Act of March 3, 1855.
Publishers of newspapers may, without subjecting them to extra postage, fold within their regular issues a supplement, provided the weight of the whole does not exceed one and a half ounces, within the State where printed, or three ounces when sent out of the State. But in all such cases the added matter must be a genuine supplement or appendage to the newspaper in question, and of the same essential character, conveying intelligence of passing events of general interest.
Money and other valuable matters sent by mail, are at the risk of the
Payment of postage on newspapers, periodicals and magazines, quarterly or yearly in advance, may be made either at the office of mailing or office of delivery. When made at the mailing office, it is the duty of the postmaster to send to the office of delivery evidence thereof. The receipt of the postmaster of the mailing office is sufficient evidence of payment.
Postmasters, assistants and clerks, regularly employed in post-offices, are exempt from militia duty, and from serving on juries, but not from working on roads, nor from obeying a summons to appear in court as witnesses, or to testify before a grand jury. Justices of the peace, unless excluded by their own State laws, may also serve as postmasters.
Daguerreotypes, when sent in the mail, shall be rated and charged with letter postage by weight.
Postmasters are allowed one cent for the delivery of each free letter, except such as come to themselves, and two mills on each newspaper, (to subscribers) not chargeable with postage. They are not allowed any commission on printed matter made free by the frank of a Member of Congress.
Properly franked mail matter, or mail matter addressed to a person enjoying the franking privilege, is entitled to be carried free in the mail when "forwarded to the person elsewhere as well as in its transportation simply to the office to which originally addressed.
Postmasters receiving letters referring to business not connected with the Department, but designed to promote private interest, without payment of postage, must return said letters to the parties, sending them under a new envelop, charged with letter postage.
The postmaster who collects the postage on newspapers, periodicals, magazines, etc., quarterly or yearly in advance, is entitled to the commissions on the same, although he may go out of office immediately thereafter, and the paper or periodical be delivered by his successor. He should, however, leave in the office a record of all such payments.
Bona fide subscribers to weekly newspapers cau receive the same, free of postage if they reside in the county in which the paper is printed and pub
lished, even if the office to which the paper is sent is without the county, provided it is the office at which they regularly receive their mail matter.
Bills of lading and unsealed letters relating exclusively to the whole or any part of the cargo of a vessel or steamboat, may be sent on such vessel or steamboat outside of the mail, unless they are placed in an envelop with other matter. In the latter case, the whole package is subject to letter postage.
When newspapers or periodicals are not taken out of the office by the persons to whom they are addressed, the postmaster will, under his frank, give immediate notice to the publisher, stating the cause thereof, if known.
Postmasters cannot deliver letters from their respective offices which may be addressed to and deliverable from other offices.
Postage cannot be pre-paid on regular newspapers or periodicals for a less term than one quarter; and in all cases postage must be paid on such matter at the commencement of a quarter.
Under no circumstances can a postmaster open a letter not addressed to himself.
Exchange newspapers and periodicals cannot be remailed without being chargeable with postage.
The same person cannot act as a mail contractor or mail carrier, and as postmaster or clerk in a post-office, at the same time.
A pamphlet is a printed but unbound publication, relating solely to some subject of local, ephemeral, or temporary interest or importance; or, if upon a subject of general interest or importance, called forth, like a lecture or an address, by or for some local event, or as appropriate to some particular occasion. Hence, with the exception of those not containing more than sixteen octavo pages each, for which, under certain conditions, the Act of August 30, 1852, has made special provision, no publication, although folded and unbound, can be permitted to pass in the mail as a "pamphlet" instead of a "book," unless its scope and subject are such as to bring it fairly within the distinctive definition above given.
By the Act of March 3, 1855, requiring from and after April 1, 1855, prepayment either by stamps, stamped envelopes, or in money, of all letters not entitled to go free, to places within the United States, the single rate, under three thousand miles, is three cents, and over three thousand miles, ten cents. It does not change the then existing franking privilege, which, by another act is extended to Ex-Vice-Presidents of the United States. By the Act of March 3, 1855, also, the Postmaster-General may require postmasters, from and after January 1, 1856, to “place postage stamps upon all prepaid letters upon which such stamps may not have been placed by the writers.” The Postmaster-General requires Postmasters to comply with, and carry into effect, this provision of the law. They will take care, if not already done, to supply themselves with postage-stamps accordingly, by sending orders for them, addressed to the Third Assistant Postmaster-General, Washington, D. C.; and until a supply reaches them, will continue to forward all pre-paid letters in the same manner as they have done before January 1, 1856.
On drop-letters, pre-payment is optional.
The Act of March 3, 1855, making no provision for unpaid letters to places within the United States, on the same day or day following any such unpaid letter or letters being put into a post-office, the postmaster thereof will post up conspicuously in his office a list of the same, stating that they are held up för postage. If not attended to, such letters must be returned monthly to the Dead Letter Office. Letters part paid should be dispatched, charged with the additional postage due, at the pre-paid rate, according to distance, established by said Act
, except where the omission to pay the correct amount is known to have been intentional, when they shall be treated the same as letters wholly unpaid.
Ship letters, as they cannot be prepaid, and are not supposed to be embraced in the new Act, will continue to be dispatched agreeably to the provisions of the 15th section of the Act of March 3, 1855.
Copyright books, charts, etc., required to be delivered to the Library of Congress or Smithsonian Institution, and which are entitled to pass free in the mail, should be superscribed “Copyright for Congress Library, or Smithsonian Institution,” as the case may be.
REGISTRATION OF VALUABLE LETTERS. Letters alleged to be valuable, posted at one post-office in the United States and deliverable at another such office, shall be registered at the office of mailing, on the application of the person posting the same, and the payment of a registration fee of five cents.
Postmasters are instructed to enter all such letters in a book to be prepared and kept for the purpose, to be called the Receipt Book, (which in small offices will be prepared by stitching together the several sheets of blank receipts furnished by this Department,) containing blank receipts, with a wide margin for a brief duplicate of each, as in bank check books. The postmaster will enter in this margin the number of the receipt, the date of filling it, the name of the person to whom the letter is addressed, and of the place to which it is to be mailed. He will then fill up the receipt to correspond with this marginal entry, separate it from the margin and deliver it to the person who deposited the letter. AN ACT PROVIDING FOR THE COMPULSORY PREPAYMENT OF POSTAGE ON
ALL TRANSIENT PRINTED MATTER.–APPROVED, JAN. 2, 1857. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the provision in the Act approved August thirtieth, one thousand eight hundred and fifty-two, entitled " An Act to amend the Act entitled 'An Act to reduce and modify the Rates of Postage in the United States and for other purposes, ,'" passed March third, one thousand, eight hundred and fifty-one, permitting transient printed matter to be sent through the mail of the United States without prepayment of postage, be and the same is hereby repealed. And the postage on all such transient matter shall be prepaid by stamps or otherwise, as the PostmasterGeneral may direct.
1. GREAT OVERLAND MAIL. The Great Overland Mail, from Memphis and St. Louis to San Francisco, via Fort Smith near the head of navigation on the Arkansas River; thence in the direction of Preston on the Rio Grande; thence to Fort Fillmore above El Paso on the Rio Grande; thence to Fort Yuma on the Colorado, to Los Angeles, and thence by the Tejon Pass to San Francisco. Semi-weekly ; schedule time, twenty-five days. Butterfield & Co., Contractors.
2. CENTRAL OVERLAND MAIL. The Central Overland, or Salt Lake City Mail, from St. Josephs, Missouri, to Salt Lake; thence through Carson Valley to Placerville. Weekly ; leaves St. Josephs and Placerville every Saturday. Schedule time from St. Josephs to Salt Lake, twenty-two days; from Salt Lake to Placerville, sixteen days. Hockaday & Chorpenning, Contractors.
3. SAN ANTONIO AND SAN DIEGO MAIL. The San Antonio and San Diego Mail, from New Orleans, by Indianoloa, to San Antonio; thence by El Paso and Fort Yuma to San Diego. Semimonthly. R. T. Doyle & Co., Contractors.
4. INDEPENDENCE AND SANTA FE MAIL. The Independence and Santa Fe Mail, from Independence to Santa Fe by Albuquerque, to Stockton. (Not yet in operation.)
XV.-PRISON SYSTEM OF THE STATE.*
The Act of the Legislature of April 24, 1858, constitutes the Governor, Lieutenant-Governor and Secretary of State, a Board of Directors, whose duty it shall be to take charge and control of the State Prison, the property belonging to the same, and to manage and control the convicts confined therein. The Act also provides for the employment of the labor of the convicts, and the appointment of the necessary officers for the government of the Prison. No debt or liability is to be incurred by the Board of Directors, and an appropriation of seventy-five thousand dollars is made for the maintenance of the prison for the year 1858.
The prison is situated at San Quentin, Marin County, twelve miles from San Francisco. Number of convicts, July 1, 1858, five hundred and fifty.
1. HOSPITAL SYSTEM OF THE STATE. The State of California has expended for the care of the indigent sick, from July 1, 1851, to the close of the fiscal year ending June 30, 1858, $1,250,000, being an average of $175,000 annually. The Act of the Legislature of 1855, provides that the Hospital Fund of the State shall be appropriated to each county, and be expended under the direction of the Board of Supervisors thereof. An additional tax of one-fourth of one per cent. or such sums as may be provided for by special enactments, shall be levied, whenever necessary, by the Board of Supervisors of each county, and be in like manner expended in maintaining the indigent sick within the limits thereof.
2. INSANE ASYLUM. Established by Act of the Legislature, May 17, 1853. Appropriations for the support of the institution for fiscal year ending June 30, 1859, $103,000.
The management of the Insane Asylum is intrusted to a Board of Trustees, composed of five persons, appointed by the Legislature, who is authorized to make such laws and regulations for the government thereof as they may deem necessary.
There are also appointed by the Legislature, a Resident * For list of Officers and Clerks, see p. 90. + For list of Trustees, etc., see p.
Physician, who is the chief executive officer, and an Assistant Physician, each of whom holds his office for the term of four years.
The law establishing the Insane Asylum, provides that any person laboring under mental derangement, may be brought before the County Judge of the county in which he resides, who shall immediately cause an examination to be made by two physicians; and if the charge be sustained, the person so afflicted shall be conveyed to and placed in the asylum, and the expense incurred therefor shall be charged to the State.
The asylum is pleasantly situated in the city of Stockton. The grounds attached thereto cover an extent of one hundred acres, handsomely ornamented and inclosed. The buildings are commodious, comfortable and well arranged. The main structure is ninety feet square, three stories high. The erection of two additional buildings was authorized by the Legislature of 1858, and an appropriation of forty thousand dollars made for the expense thereof.
There is a commodious reading room attached to the institution, containing a library and a number of the newspapers of the day—a great accession to the means adopted to render the condition of the unfortunate inmates as comfortable and pleasant as possible.
This institution is most liberally sustained by the State, and the yearly appropriations made for its support, evince a commendable interest on the part of the members of the Legislature, and a desire to place within the reach of an unfortunate class of the community the means best calculated to ameliorate their condition and restore them to the world.
STATEMENT OF THE OPERATIONS OF THE INSANE ASYLUM FROM AUG. 1, 1857,
TO JULY 31, 1858. Number of patients remaining Aug. 1, 1857, 162; admitted from that date to July 31, 1858, 254; total, 416. Number discharged, died, etc. 156; number remaining Aug. 1, 1858, 260.
The number of patients remaining August 1, 1857, was 162; of which 132 were males and 30 females. The number received from that date to December 31, 1857, 86; of which 70 were males and 16 females; of these 17 males and 12 females were married. During this period there were discharged, 27 males and 11 females; died, 14 males and three females, and 5 males escaped. Total, 60.
The number of patients admitted from January 1, 1858, to August 31, 1858, 168.
SUPPOSED CAUSES OF INSANITY. Masturbation. 13 | Loss of property.... 11 Intemperance... 10 Epilepsy. 3 Puerperal Fever.. 6 Love.....
3 Failure in mining. 2 Spiritualism.... Fright .. 2 Prosperity 1 Miscarriage..
1 Injury of the head.. 1 Avarice...
2 Bad health..
1 Charge mal-practice. 1 Freemasonry.. 1 Gambling...
2 Catalepsy. 1 Mormonism
1 Desire to go home... 1 Sypbilis. 1 Family trouble.... 2 Unknown...