Year: 1872

be. ana the same are u6T6Ny3 GOul1uACQ


Approved April "a, 1872.


TGENERAL NATURE-No. so.


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
portatiOH 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 or their bid or proposal,
shall be deemed guilty of a misdemeanOr,
and, on conviction thereof, be punished by
a 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 DecuniarilY to fulfill his Obiga-
lions, 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 he believes said guarantOrs 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. g. That any postmaster OF other Off
Ger Of the Postotice 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
guarant0rs or sureties, or shall knowingly
make any false or inusOry certificate, shall
be forthwith dismissed from Office, and shall
be deemed guilty of misdemeanOr, and
shall, on conviction thereof, be punished
by a fine not exceeding one thousand dol
lars, or by imprisonment not exceeding one
year. or both.


SEC. 4. That no bidder fer 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 Cen
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 the perform
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 period not exceeding six months, until
a new contract with the same or other con-
tractors shall be made by the Postmaster
General.


SEC. 6. That hereafter all bidders upon
every mail route for the transportation of
the malls 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 certified check or 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,
according TO the terms on which such bid
was made and accepted, and enter upon
the performance of the service to the satis-
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 Postoffice 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 pOstotfice,
he may, with the approval of the Postmas-
ter General, authorize the chief clerk, or
some other clerk employed therein, to act
in his place. and to discharge all the duties
required by law of such postmaster; pro-
vided, that the official bond given by the
principal of the Office shall be held to cover
and apply to the acts of the person APP
pointed to act in his place in such cases;
and provided, further, that such acting Off
Ger shall, for the time being, be subject to
all the liabilities and penalties prescribed
by law for the official misconduct, IN like
cases, of the postmaster for whom he shall
act.


SEC. 8. That the Postmaster General,
whenever he may deem it consistent with
the public interest, may accept new surety
upon any contract existing, or hereafter
made, for carrying the mails, in substitu-
ton for and release of any existing surety.


SEC. g, That the Postmaster General is
hereby authorized to cause to be placed to
the credit of the Treasurer of the United
States, for the service af the PostOfice De-
partment. the net proceeds of the money
order business; and that the receipts of the
Postofice Department, derived from this
source, during each quarter, shall be en-
tered by the Auditor of the Treasury for
the POstoffice Department, in the accounts
of said Department, under the head OF
Revenue from money-Order business"


Approyed April q, 1872