Year: 1872




be, and the same are hereby, confirmed


Approved April "a, 1872.


IGENERAL NArURE-No. SOL


An act relating to proposals and contracts


for transportation of the mails, and for


other purposes.


Be it enacted by the Senate and House Of
representatives of the United States OF
America in Congress assembled, That any
person or persons bidding for the trans
pOrtatioR of the mails upon any route which
may be advertised to be let, and receiving
an award Of the contract for such service,
who shall wrongfully refuse or fail to enter
into contract with the Postmaster General,
in due form, and perform the service
described in his OF their bid or proposal,
shall be deemed guilty Of misdemeanor,
and, on conviction thereof, be punished by
fine not exceeding five thousand dollars,
and by imprisonment for a term not exceed
ing twelve months.


SEC. 2. That each bid for CARRYING the
mail shall hereafter have affixed to it
the oath of the bidder, taken before an Off
Ger qualified to administer Oaths, that he has
the ability pecuniaEily 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 shall be accepted; and that the sig
natures of his guarantors are genuine, and
that ne believes said guarant0Ts pecuniarily
responsible for and able to pay all damages
the United States shall suffer by reason Of
the bidder failing to perform his obligations
as such bidder.


SEC, 3. That any postmaster OF other Off
Ger of the POstOtfiee Department who shall
afix his signature to the certificate Of suffi-
cheney of guarantors or sureties before the
guaranty or contract is signed by the
guarantors or sureties, or shall knowingly
make any false or IlusOry certificate, shall
be forthwith dismissed from Office, and shall
be deemed guilty of misdemeanor, and
shall, on conviction thereof, be punished
by fine not exceeding one thousand dol
lars, or by imprisonment not exceeding one
year, or both.


SEC. 4. That no bidder for carrying the
mails shall be released from his obligation
under his bid or proposal, notwithstanding
an award made to q lower bidder, until a
contract for the designated service shall
have been duly executed by such lower bid
der and his sureties, and accepted, and the
service entered upon by the contractor to
the, satisfaction of the Postmaster Gen
eral.


SEC. 5. That after any regular bidder or
contractor for the transportation of the
mail upon any route shall have failed to en-
terintO contract, and commence theperform-
ance thereof as herein provided, the Post
master General shall proceed to contract
with the next lowest bidder for such ser
vice, who will enter into contract and per-
form the same, unless the Postmaster Gen
eral shall consider such bid too high; in
which case he shall re-advertise such ser
vice. And in all cases of regular contracts
hereafter made, the contract may, in the
discretion of the Postmaster General, be
continued in force beyond its express terms
for a period not exceeding six months, until
a new contract with the same or other con-
tractors shall be made by the Postmaster
General.


SEC g. 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
at the time exceeds the sum of five thou
sand dollars, shall accompany their bids
with a certified check OF draft, payable to
the order of the Postmaster Gen
eral, upon some solvent national
bank, which check or draft shall not be less
than five per centum on the amount of the
annual pay on said route at the time such
bid is made, and in case.Of new service, not
less than five per centum of the amount of
one years pay proposed in such bid, if the |
bid exceed five thousand dollars per an
mum. In case any bidder, on being awarded |
any such contract, shall fail to execute the |
same with good and sufficient sureties, |





was made and accepted, and enter upon |
the performance of the service to the salts |
faction of the Postmaster General, such bid |
der shall forfeit the amount so deposited to /
the United States, and the same shall forth |
with be paid into the treasury for the use of |
the POstofice Department; but if such con-
tract shall be duly executed and the service |
entered upon as aforesaid, such draft or
check so deposited shall be returned to the |
bidder.


Sec. 7. That in case'of the sickness, or un- !
avoidable absence from his Office, of the |
postmaster of any money-order postOffice, /
ne may, with the approval of the POstmas- /
Jer General, authorize the chief clerk, or /
some other clerk employed therein, to act |
n his place, and to discharge all the duties
required by law OF such postmaster; pro-
7ided, that the official bond given by the.
principal of the Office shall be held to cover
md apply to the acts of the person ap-
pointed to act in his place in such cases;
md provided, further, that such acting Off
ser shall, for the time being, be subject to
Ill the liabilities and penalties prescribed |
ly law for the official misconduct, in like
,ases, of the postmaster for whom he shall
lct.


SEC. 8. That the Postmaster General,
whenever he may deem it consistent with
he public interest, may accept new surety
lpOn any contract existing, or hereafter
made, for carrying the mails, in substitu-
ion for and release of any existing surety
Sec. 9, That the Postmaster General is
hereby authorized to cause to be placed to
he credit of the Treasurer of the United
States, for the service af the POstotfiee De-
the net proceeds of the money
rider business; and that the receipts Of the
oOstotfiee Department, derived from this
ource, during each quarter, shall be en-
cred by the Auditor of the Treasury for
he POstOfice Department, in the accounts
# said Department, under the head OF
Revenue from m0ney-Order business"


Approved April q, 1872.