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vided, however, That because of the compensation herein provided no rural letter carrier shall receive less salary than before the passage of this Act: Provided further, That in the discretion of the Postmaster General the pay of the carrier on the water route on Lake Winnepesaukee who furnishes his own power boat for mail service during the summer months may be fixed at an amount not exceeding the maximum salary allowed rural carriers by law in any one calendar year. (37 Stat. 553.)

These were provisions of the postal service appropriation act for the fiscal year 1913, cited above.

Previous provisions limiting the amount of salary of carriers of the rural delivery service, of Act April 21, 1904, c. 563, § 1, Act April 28, 1904, c. 1759, § 1, Act March 2, 1907, c. 2513, ante, §§ 7294, 7296, 7298, and Act March 4, 1911, c. 241, § 1, 36 Stat. 1339, were superseded by the proviso of this act relating thereto.

Previous provisions limiting the compensation of the carrier on the water route on Lake Winnepesaukee to $900 per annum made by Act March 4, 1911, c. 241, § 1, 36 Stat. 1339, were also superseded by the provisions of this act relating thereto.

Similar provisions limiting the compensation of all carriers on water routes during the summer time who furnish their own power boats, were made by Act March 2, 1907, c. 2513, ante, § 7298.

§ 7301. (Act April 21, 1902, c. 563, § 1.) Rural free delivery special agents, route inspectors, etc.; authority to administer oaths. Hereafter [special agents, route inspectors] and examining inspectors in the rural free-delivery service shall be authorized and empowered to administer oaths to carriers and other persons employed in said service or in connection with any business relating to the same. (32 Stat. 113.)

This was a provision of the postal service appropriation act for the fiscal year 1903, cited above.

The words "special agents, route inspectors," inclosed in brackets in this provision, were superseded by the provision that after July 1, 1904, those officers should be designated as rural agents, of Act April 28, 1904, c. 1759, § 1, ante, § 7295. And on July 1, 1906, the rural agents were appointed as post-office inspectors, by a provision of Act June 26, 1906, c. 3546, ante, § 7297.

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Sec.

7311. Affidavit of publishers; prepay-
ment of postage; penalty.
7312. Second-class privileges annulled
only after hearing.

7313. Sworn statements of names, etc.,
of editors, owners, stockholders,
etc., of newspapers and periodi-
cals, and of circulation of news-
papers to be filed; exceptions;
publication of statement; pen-
alty.

7314. Paid editorials and reading matter to be marked "advertisement"; penalty.

7315. Third-class matter; rate of post-
age; foreign publications.

7316. Circular, definition.
7317. Printed matter, definition.
7318. Letters written by the blind as

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Sec.

7327. Purchase or rental of equipment and supplies for parcel post system authorized.

7328. Disposition of nonmailable matter at office of destination. 7329. Limit of weight of mail package. 7330. Limit of weight; exceptions; nonmailable matter.

7331. Addresses on postal cards and
unsealed circulars.

7332. Permissible marks on and in-
closures in second, third, and
fourth class matter.
7333. Permissible marks on third and
fourth class matter.

7334. Metric postal balances.
7335. Wrapping and securing matter
not charged with first-class,
postage.

7336. Removing wrappers.

7337. Newspapers to be dried and in
wrappers.

7338. Notice of refusal to receive news-
papers.
7339. Carrying newspapers out of mail.
7340. Delivery of newspapers by route-
agents.

7341. Identification of persons claiming
mail under fictitious address.
7342. Matter relating to spurious mon-
ey, etc., not mailable.
7343. Delivery of mail to persons not
residents of place of address.
7344. Letters seized to be returned to
senders.

(R. S. §§ 3875-3878. Superseded.)

R. S. § 3875, divided mailable matter into three classes: (1) Letters; (2) regular printed matter; (3) miscellaneous matter.

R. S. § 3876, defined mailable matter of the first class as all correspondence wholly or partly in writing, except book-manuscripts and corrected proofsheets passing between authors and publishers.

R. S. § 3877, defined mailable matter of the second class as all matter exclusively in print and regularly issued at stated periods from a known office of publication, without addition by writing, mark, or sign.

R. S. § 3878, defined mailable matter of the third class as all pamphlets, occasional publications, transient newspapers, magazines, hand bills, posters, unsealed circulars, prospectuses, books, book-manuscripts, proof-sheets, corrected proof-sheets, maps, prints, engravings, blanks, flexible pattern, sampies of merchandise not exceeding 12 ounces in weight, sample cards, phonographic paper, letter envelopes, postal envelopes and wrappers, cards, plain and ornamented paper, photographic representations of different types, seeds, cuttings, bulbs, roots, scions, and all other mailable matter, and all other articles not above the weight prescribed by law which are not from their nature or form liable to injure the contents of the mail bag or the person of one engaged in the postal service, and excluded from the mail liquids, poisons, glass, explosive materials, and obscene books, and limited the weight of various articles of this class.

All these sections were superseded by Act March 3, 1879, c. 180, §§ 7, 8, 10, 17–20, and Act June 8, 1896, c. 370, post, §§ 7302-7304, 7315-7317, 7330.

§ 7302. (Act March 3, 1879, c. 180, § 7.)

matter.

Classification of mail

Mailable matter shall be divided into four classes:

First, written matter;

Second, periodical publications;

Third, miscellaneous printed matter;

Fourth, merchandise. (20 Stat. 358.)

This section was part of the postal service appropriation act for the fiscal year 1880, cited above.

Sections 1 and 2 of said act made appropriations for the postal service of that year. They are omitted, as temporary merely.

Section 3 of the act authorized the Postmaster-General to decide on what trains and in what manner the mails should be conveyed. It is set forth post, 7481.

Section 4 of the act authorized the Postmaster-General to prescribe the style, etc., of the postal cars. It is set forth post, § 7496.

Section 5 of the act authorized deductions, from the compensation of railroads for mail transportation, for failure to deliver the mail in schedule time, provided for the remission of such deductions in case the failure was caused by unavoidable casualty, and authorized fines and deductions to be imposed for other delinquencies. It was repealed by Act June 11, 1880, c. 206, § 1, 21 Stat. 178.

Section 6 of the act required railroads transporting mails to furnish data of the cost of such transportation. It is set forth ante, § 606.

Section 8 of the act is set forth post, § 7303.

Section 9 of the act fixed the rates of postage on first-class matter. It is set forth post, § 7353.

Section 10 of the act defined second-class mail matter. It is set forth post, § 7304.

Section 11 of the act fixed the rate of postage on second-class mail-matter. It was superseded by Act March 3, 1885, c. 342, § 1, post, § 7354.

Section 12 of the act authorized the examination of second-class matter at the office of mailing, and permitted periodicals to contain advertisements. is set forth post, § 7305.

It

Section 13 of the act imposed a penalty on any person submitting for transportation in the mails false evidence relative to the character of his publication. It was amended by Act June 18, 1888, c. 394, § 1, 25 Stat. 187, and by Act March 2, 1905, c. 1304, 33 Stat. 823, and as so amended was incorporated into the Criminal Code, in section 223 thereof, post, § 10393, and was repealed by section 341 thereof, post, § 10515.

Sections 14-16 of the act contained additional provisions relating to second-class matter. They are set forth post, §§ 7306-7308.

Sections 17-19 of the act defined third-class matter and fixed the rate of postage thereon. They are set forth post, §§ 7315-7317.

Section 20 of the act defined fourth-class matter as all matter not embraced in the first, second, or third classes, and limited the weight to four pounds for each package, except in cases of single books, and books and documents circulated by Congress, or official matter emanating from any department or from the Smithsonian Institution, and which was not now mailable under R. S. § 3893, as amended. It was superseded by Act June 8, 1896, c. 370, post, 7330. See note to that section.

Section 21 of the act provided for the disposition of nonmailable matter inadvertently transported to the office of destination. It is set forth post, § 7328.

Sections 22 and 23 of the act permitted certain marks on second, third and fourth class matter, provided that matter containing other marks should pay postage at first-class rates, and made it punishable knowingly to inclose higher class matter in that of a lower class. They were superseded by similar provisions of Act Jan. 20, 1888, c. 2, § 1, post, § 7332, and of section 2, which was incorporated in Criminal Code, § 221, post, § 10391, and repealed by COMP.ST.'13-205 (3265)

Criminal Code, 8 341, post, § 10515. Section 23 of this act was also repealed by Criminal Code, § 341, post, § 10515.

Section 24 of the act authorized the Postmaster-General to prescribe the manner of wrapping and securing all mail matter except the first class so that it could be examined. It is set forth post, § 7335.

Section 25 of the act provided that publications of the second class, one copy to each subscriber residing in the county where the same were printed, should go free, except at free-delivery offices, where the regular postage was required. It is set forth post, § 7360.

Section 26 of the act provided that all first-class matter upon which one full rate of postage had been prepaid should be forwarded to its destination charged with the unpaid rate, to be collected on delivery, and it provided for deficiency stamps. It is set forth post, § 7347.

Section 27 of the act prescribed a penalty on a postmaster or postal employé failing to account for postage due on mail-matter which he delivered without affixing and canceling the special stamps. It was incorporated into the Criminal Code, in section 209 thereof, post, § 10379, and was repealed by section 341, thereof, post, § 10515.

Section 28 of the act made the use of canceled postage stamps punishable. It was incorporated into the Criminal Code in section 205 thereof, post, § 10395, and was repealed by section 341 thereof, post, § 10515.

Section 29 of the act provided for the transmission through the mails, free, of official matter. It was amended by Act July 15, 1884, c. 234, § 3, and is set forth, as so amended, post, § 7371.

Section 30 of the act amended R. S. § 3955, and is incorporated in that section as set forth post, § 7440.

Section 31 of the act provided that acting postmasters should be entitled to the same compensation as regularly appointed and confirmed postmasters. It is set forth ante, § 7227.

Section 32 of the act authorized the Postmaster-General to furnish for public use letter-sheet envelopes with postage stamps, and also postal cards. It is set forth post, § 7396.

Section 33 of the act provided that sections 4-31 of the act should take effect May 1, 1879, and repealed all acts or parts of acts inconsistent with the provisions of the act. It is omitted, as temporary merely.

This section superseded R. S. § 3875. See notes under R. S. §§ 3875-3878,

ante.

§ 7303. (Act March 3, 1879, c. 180, § 8.) First-class matter. Mailable matter of the first class shall embrace letters, postal cards, and all matters wholly or partly in writing, except as hereinafter provided. (20 Stat. 358.)

See notes to section 7 of this act, ante, § 7302.

This section superseded R. S. § 3876. See notes under R. S. §§ 3875-3878, ante.

7304. (Act March 3, 1879, c. 180, § 10.) Second-class matter. Mailable matter of the second class shall embrace all newspapers and other periodical publications which are issued at stated intervals, and as frequently as four times a year and are within the conditions named in section twelve and fourteen. (20 Stat. 359.)

See notes to section 7 of this act, ante, § 7302.

This section superseded R. S. § 3877. See notes under R. S. §§ 3875-3878,

ante.

Publications of fraternal societies, trades unions, professional, etc., societies, including bulletins issued by State boards of health, were rated as secondclass matter by provisions of Act July 16, 1894, c. 137, § 1, 28 Stat. 105,

which were superseded by more detailed provisions relating to the same sub jects of Act Aug. 24, 1912, c. 389, § 1, post, § 7309.

Publications of State departments of agriculture were rated as second-class matter by provisions of Act June 6, 1900, c. 801, post, § 7310.

Second-class mail privileges can only be annulled after hearing, by Act March 3, 1901, c. 851, § 1, post, § 7312.

Publishers of newspapers were required to file and print sworn statements as to the ownership, etc., of the publications, by a provision of Act Aug. 24, 1912, c. 389, § 1, post, § 7313.

All paid editorials and reading matter were required to be marked “advertisement" by a further provision of Act Aug. 24, 1912, c. 389, § 1, post, § 7314.

§ 7305. (Act March 3, 1879, c. 180, § 12.) Examination of secondclass matter; advertisements attached to periodicals.

Matter of the second class may be examined at the office of mailing, and if found to contain matter which is subject to a higher rate of postage, such matter shall be charged with postage at the rate to which the inclosed matter is subject: Provided, That nothing herein contained shall be so construed as to prohibit the insertion in periodicals of advertisements attached permanently to the same. (20 Stat. 359.)

See notes to section 7 of this act, ante, § 7302.

§ 7306. (Act March 3, 1879, c. 180, § 14.) Conditions admitting publications to second class.

The conditions upon which a publication shall be admitted to the second class are as follows: First. It must regularly be issued at stated intervals, as frequently as four times a year, and bear a date of issue, and be numbered consecutively. Second. It must be issued from a known office of publication. Third. It must be formed of printed paper sheets, without board, cloth, leather, or other substantial binding, such as distinguish printed books for preservation from periodical publications. Fourth. It must be originated and published for the dissemination of information of a public character, or devoted to literature, the sciences, arts, or some special industry, and having a legitimate list of subscribers; Provided, however, That nothing herein contained shall be so construed as to admit to the second class rate regular publications designed primarily for advertising purposes, or for free circulation, or for circulation at nominal rates. (20 Stat. 359.)

See notes to section 7 of this act, ante, § 7302.

Second-class mail privileges can only be annulled after a hearing, by Act March 3, 1901, c. 851, § 1, post, § 7312.

§ 7307. (Act March 3, 1879, c. 180, § 15.) Foreign periodicals as second-class matter; publications violating copyright laws not mailable.

Foreign newspapers and other periodicals of the same general character as those admitted to the second class in the United States may, under the direction of the Postmaster General, on application of the publishers thereof or their agents, be transmitted through the mails at the same rates as if published in the United States. Nothing in this act shall be so construed as to allow the transmission

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