Page:United States Statutes at Large Volume 12.djvu/738

 `708 THIRTY—SEVENTH CONGRESS. Sess. III. C11. 71. 1863. publications unpaid through the mails to other than their regular subs ribers. Pustmums C Sec. 40. And be it further enacted, That postmasters, at the office of ma? *'°¤¤°V° delivery, are authorized, and it shall be their duty, to remove the wrap- "’mpp°"’ &°‘ pers and envelopes from printed and other matter not charged with letter postage, nor lawfully franked, for the purpose of ascertaining whether there is upon, or connected with, any such printed matter or in such package any matter or thing which would authorize or require the charge of 9. higher rate of postage thereon. Publishers may Sec. 41. And be it further enacted, That the Postmaster-General may bc ]`°°iQ§d .€° require an aflidavit in form, to be prescribed by general regulation, to be c a an ’ taken by any publisher, or any clerk, agent, or servant of such publisher of any paper or periodical, which, by the terms of this act, may be sent to regular subscribers without prepayment of postage at the mailing office, to the effect that neither he nor any other proprietor, clerk, agent, or employe, within his knowledge, has sent, or caused or permitted to be sent, through the mails, without prepayment by postage stamps, any copies ol' such paper or periodical, (naming it,) except the same were sent to bona fide and regular subscribers thereto. And if it be ascertained- that pemity ru such papers or periodicals have been thus unlawfully sent, with the knowisending tv qf¤¤¤‘¤ edge or consent of such proprietors, or of the agent or clerk in charge of g;" ““b*°"b°”’ that business, or if such affidavit, when required by the Postmaster-Gem ' eral, or by a special agent of the Post-Oflioe Department, shall be refused, the person guilty of such offence, or refusing such oath, shall be liable to a fine of fifty dollars in each case, to be recovered by suit before any one hulftc in- court of competent jurisdiction, one half of which when recovered shall '”""“°"‘ be paid to the informer. F,-mking Driv. Sec. 42. And be it further enacted, That authority to frank mail matil<·g¢- ter is conferred upon and limited to the following persons. First. The President of the United States, by himself or his private secretary. Second. The Vice-President of the United States. Third. The chiefs of the several executive departments. Fourth. Such principal officers, being heads of bureaus or chief clerks, of each executive department, to be used only for official communications, as the Postmaster-General shall by regulation prescribe. Fifth. Senators and representatives in the Congress of the United States, including delegates from territories, the secretary of the senate and clerk of the House of Representatives; to cover correspondence to and from them, and all printed matter issued by authority of Congress, and all speeches, proceedings, and debates in Congress, and all printed matter sent to them; their franking privilege to commence with the term for which they are elected and to expire on the first Monday of December following such term of office. Sixth. All official communications addressed to either of the executive departments of G0vem— ment by an officer responsible to that department: Provided, That in all E,,,,,,;,,pe,,h°w such cases the envelope shall be marked "0Hicial," with the signature m¤rk<>d· thereto of the officer writing the communication. Seventh. Postmasters have also the franking privilege for their official communications to other postmasters: Provided, That in all such cases the envelope shall be marked ‘oflicistl’ with the signature of the writer thereto, and for any Penalty for and every such endorsement of ‘ ol‘}icia.l’ falsely made the person making MSB ¤¤¤¤‘k¤¤E· the same shall forfeit and pay three hundred dollars. Eighth. Petitions to either branch of Congress shall pass free in the mails. Ninth. All communications addressed to any of the franking officers above described, · and not excepted in the foregoing clauses, must be prepaid by postage W i¤ stamps. The franking privilege liereinbefbre granted shall be limited to Except, gm. packages wcnghmgnot exceeding four ounces, except petitions to Con-. gress and congressional or executive documents, and such publications or books as have or may be published, procured, or purchased by order of either House of Congress, or a joint resolution of the two Houses, which