The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-01-13

vance of inc driver conductor master, other per-
son having charged of the. same convey any person
of letters or packets and actually in posses
sion of the same for the purpose OF conveying them
contrary to the spirit, true intent and meaning Of
this law, shall, for every such oense, forfeit anu
nav one hundred and fifty dollars.
SEC $780, That no person shall transmit by private
express or other unlawful means, or deliver to any
agent of such unlawful express, deposit or cause
to be deposited at any appointed place. Tor the pur
pose OF being transmitted any letter or packet ana
for every such Otense the party so Onenumg snaii
forfeit and pay fifty dollars
SEC 23. That no stage-coach, railway car, steam
boat or other vehicle or vessel which regularly per-
forms trips at stated periods ON any or
from any city, town. place to any other city, town,
or place between which the mail is regularly carried,
shall carry otherwise than in the mail any letters
packets except such relate to some part OF the
cargo of such steamboat or other vessel, or to me
article carried at the same time by the same stage
viied in section two hundred and thirty nine; and
for every such oense the owner OF the stagecoach,
railwaycar, steamboat, or other vehicle or yessel
shall forfeit and pay one hundred dollars and the
driver, conductor, master, or other person having
charge thereof, and not at the time owner OF the
f MhO anS p AMY such ense fifty
Section 239 permits conveyance q letters Ill
stamped envelopes otherwise than by maiL)
The manner in Which proposals shall be made and
the LIABILITY OF PosTMAsTERs.
SEC. 245. That every proposal for carrying the
mail shall be accompanied by tine Doni OF tne Dluder
cases where the amount Of the bond exceeds five
thousand dollars by postmaster OF me nrst secona
or third class in to be designated BY the Fest-
mas er General in the advertisement OF each route;
to which bond condition shall be annexed, that Il
the said bidder shall, within such time after his 6id
il accented as the Postmaster General shall prescribe,
enter into contract with the United States Of Amer
lea with good aud sufficient sureties to be approved
by the Postmaster General. to perform the service
proposed in his said bid and further, that he shall
perform the said service according to his contract,
then the said obligation to be void otherwise to be IN
full force and obligation in law and in case OF fall
ure any bidder to enter into such contract to per-
form the service, Or having executed contract, IN
case Of failure to perform the service 70 ps
amount of said bond as iqudated damages TO pc re-
covered in an action of debt on the said bond. No
proposal shall be considered unless it shall be &C
companied by such bond, and there shall have been
affixed to said proposal the oath of the bidder taken
before an oficer qualified to administer oaths, that
he has the ability, pecuniariy, to fulfill his obliga-
tions and that the bid is made in good faith, and
with the intention to enter into contract and perform
the service in case his bid is accepted
SEC. 246. That before the bond Of bidder provid-
ed for in the aforesaid section is approx ed there shall
be Endorsed thereon the oaths of the surete1 therein
taken before officer qualified to administer oaths
that they are of real estate WORTH in the ag-
gregate a sum double the amount Of the said bond,
over and above all debts due and owing by them, and
all judgments, mortgages, and executions against
Them after allowing all exen lions ofeVery charac-
ter whatever . .
SEC 2 That any who sRs Az his
to the certificate of suciency Of suretes in any con-
tract before the said bond contract signed by the
bidder or contractor and his sureties or shall know
ingy, or without the exercise Of due diligence, APP
prove any bond Of bidder with insufficient sureties
shall knowingly make any false or fraudulent Ger,
tifcate shall be forthwith dismissed from Office, and
be thereafter disqualif from holding the sOfice OF
postmaster and shall also be deemed guilty Of mis-
Sy fine not exceeding i've thousand dollars, or by
Imprisonment not exceeding one year, or both.
Serrce to be awarded to the Lowest bidder. Bids of
failing contractors may not be considered.
SEC. 249 That all contracts for carrying the mail
shall be in the name OF the United States ana shall
be awarded to the lowest bidder rendering sufficient
guarantees for faithful performance without other
reference to the mode of Transportation than may be
necessary to provide for the due celebrity certainty
shall not be bound to consider the bid Of any person
who has wiltully or negligenty failed to perform
former contract. sV tn
Combinations TO prerent bidding prohibited.
SEC. $780, That no contract for carrying the mail
shall be made with any person who has entered, or
proposed to enter into any combination to prevent
has made any agreement, given or performed. or
promised to give perform, any what
ever to induce any other person not TO bid 1or any
such contract; and if any person SO offending is ~
contractor for carrying the mail his contract may be
annuied; and for the first oense the person SO Of
Tending shall be disqualified to contract for carrying
the mail for five years, and for the second ofense
shall be forever disqualified.
extended and Temporary CONTRACTS mode.
SEC. PSI. That after any regular bidder whose bid
has been accepted shall fail to enter into contract for
posa or having entered into contract shall fail to
commence the performance of the service stipulated
in his or their contract therein provided the Post
master General shall proceed to contract with the
next lowest bidder for the same SERVICE who will en-
ter into contract for the performance thereof un-
less the Postmaster General shall consider such bid
TOO high in which case he shall re-advertise such
service. And if any bidder whose bid has been ac-
copied and who has entered into contract 70 per-
form the service according to his proposal, and in
pursuance of his contract has enlered upon the per-
torrance Of the service to the satisfaction Of the
Postmaster General shall subsequently fail or re-
fuse to perform the service according to his contract
the Postmaster General shall proceed to contract
with the next lowest bidder for such service, under
The advertisement thereof, (unless the Postmaster
General shall consider such bid too high who Will
enter into contract and give bond, with suretes to
be approved by the General for the fsth
ful performance thereof, in the same penalty and
with the same terms and conditions thereto annexed
as were stated and contained in the bond which ac-
companied his bid; but in case each and every Of
the next lowest bidders for such service whose re-
spectiye bids are not considered too high by the
Postmaster General shall refuse to enter INTO con-
tract and give bond herein required for the faith
full performance of his contract, the Postmaster
General shall immediately advertise tor proposals to
perform the service on said route. whenever an &C
eepted bidder shall fail to enter into contract or
contractor any mail route shah fail OF refuse TO
perform the service said route according to bis
or new service required or when from any other
cause there shall not be a contractor legally bound
required to perform such service, the tSstmasssr
ing the mail on such route, without advertisement,
for such period as may be necessary not in any
exceeding six months, until the service shall have
commenced under contract made according to law:
Prouided, hoacever, That the Postmaster General
shall employ temporary service on any route at
higher price than that paid TO the CONTRACTOR who
shall have performed the service during the last pre-
ceding regular contract term. And IN all cases OF
reeuar contracts hereafter made the contract may,
4; IF Postmaster General he
tinued in force beyond its express terms for period
not exceeding SIX months, until new c0ntract with
the same other contractors, shall be- made by the
Postmaster General. GEHKgEU
Bidders not released until contract is entered into
and service begun. 81
SEC. 252. That no bidder for carrying the mails
or proposal, notwithstanding an award made to
lower bidder until contract for the designated
vice shall have been duly executed by such lower
vice entered upon by the contractor to the satsfac-
ton of the Postmaster Ger eral. n
CERTIFIED CHECKS OR DRAFTS TO ACCOMPANY ALL
BIDS EXCEEDING $4,000.
SEC. 253. That hereafter all bidders upon every
mail route for the transportation Of the mails upon
the same, where the annual compensation for the
service on such route the time exceeds the sum OF
1--WE thousand dollars, shall accompany their bids
with certified check or draft, payable to the order
Of the Postmaster General, upon some solvent ma
tional bank which check or draft shall not be less
than five per centum on the amount OF the annual
nav on said route at the time such bid is made and
In case of new modified service, not less than five
per ceutum of the amount of the bond of the bid
der required to accompany his bid the amount OF
said bond exceeds five thousand dollars IN case any
bidder, on being awarded any such contract, shall
sureties according to the terms on which such bid
was made and pied land enter upon the perform
ance Of the service to the satisfaction Of the Posi-
master-General, such bidder shall in addition 10 his
liability on his bond accompanying his bid forfeit
the amount SO deposited to the United States, and
the same shall forthwith be paid into Treasury
for the use OF the Post-Offce Department.; but
il such contracts shall be duly executed and
service entered upon as aforesaid, such draft or
check SO deposited, and the checks or the drafts