judgment the first term after such suit shall be commenced; Provided always, That Proviso. whenever service of the process shall not have been made twenty days at least previous to the return day of such term, the defendant shall be entitled to one continuance, if the court on the statement of such defendant, shall judge it expedient: Provided also, That Proviso, if the defendant in such suits shall make affidavit that he has a claim against the general post-office, not allowed by the post-master general, although submitted to him conformably to the regulations of the post-office, and shall specify such claim in the affidavit, and that he could not be prepared for the trial at such term for want of evidence, the court in such case, being satisfied in those respects, may grant a continuance until the next succeeding term. Sec. 37. And be it further enacted, That Post-master it shall be the duty of the post-master gene- port annually general to reral to report annually to Congress, every to Congress post-road which shall not after the second the unproduc. year from its establishment, have produced one third of the expense of carrying the mail on the same. Sec. 38. And be it further enacted, That there shall be allowed to the deputy post-master, at the city of Washington, for his extraordinary expenses, incurred in the discharge of the duties of his office, an additional compensation, at the rate of one thousand dol lars per annum, to be paid out of the funds of the post office establishment. Sec. 39. And be it further enacted, That the adjutant-general of the militia of each state and territory, shall have right to receive, by mail, free of postage, from any major or A a tive roads. Additional compensation to be paid to deputy post master at Washington Adjutant gen. of the militia to transmit & receive cer tain letters free of postage. Proviso. Emoluments of the post ed to 2000 masters limit dollars. brigadier-general thereof, and to transmit to said generals, any letter or packet, relating solely to the militia of such state or territory: Provided always, That every such officer, before he delivers any such letter or package for transmission, shall in his own proper hand writing, on the outside thereof, endorse the nature of the papers enclosed, and thereto subscribe his name and office, and shall previously furnish the post master of the office, where he shall deposit the same, with a specimen of his signature: And if any such officer shall frank any letter or package in which shall be contained any thing relative to any subject other than of the militia of such state or territory, every offender shall, on conviction of every such offence, forfeit and pay a fine of fifty dollars. Sec. 40. And be it further enacted, That from and after the thirtieth day of September next, whenever the annual emoluments of any postmaster, after deducting therefrom the expenditures incident to his office, shall amount to more than two thousand dollars, the surplus shall be accounted for, and paid to the postmaster-general, and by him to be accounted for in the same manner as other monies accruing from the post-office establishment. Sec. 41. And be it further enacted, That Certain depu every deputy postmaster, the receipt of ty post-mas- whose office exceeds one thousand dollars a ters to report to the post- year, shall, on the last day of September in master gene- each year, transmit to the postmaster-general their clerks, of the United States a statement of the ex ral names of &c. &c. penses of the office under his direction, of the number of clerks, with the time they have been severally employed therein, and their respective names and ages. clause. Sec. 42. And be it further enacted, That from and after the first day of June next, the second section of an act, entitled "An act Repealing to establish the post-office and post-roads within the United States," approved on the eighth day of May, one thousand seven hundred and ninety-four, and an act, entitled "An act to establish the post-office of the United States" approved on the second day of March, one thousand seven hundred and ninety-nine, and all other acts, and parts of acts heretofore passed for the regulation and government of the general post-office, and of the postmaster-general and other officers aud agents, employed in said office, shall be, and the same are hereby repealed: Provided, Proviso. That an act, entitled "An act concerning public contracts," approved on the twentyfirst day of April, one thousand eight hundred and eight, shall be and remain in full force, and no post-road heretofore established, shall be discontinued by this act. Pro- Proviso. vided also, That nothing herein contained shall be construed to exonerate any person who shall not have performed the duty, or who shall have violated any of the prohibitions contained in the said acts from suits or prosecutions, but as to all bonds, contracts, debts, demands, rights, penalties, punishments which have been made, have arisen, or have been incurred, or which shall be-made, arise, or be incurred previous to the first day of June next the said acts shall have the same force and effect as though this act had not been made: Provided likewise, Proviso. That the postmaster-general, assistant postmaster-general, deputy postmasters, con tractors for carrying the mail, and others employed under the aforesaid acts, shall continue to hold their several offices, appointments and trusts, until they are otherwise removed; any thing herein contained that might be construed to the contrary notwithstanding; and also the bonds which they, or either of them, have given or may give for the faithful execution of their several duties and offices, shall continue to have the same force and effect, to all intents and purposes, as though this act had not been made. J. B. VARNUM, Speaker of the House of Representatives. President of the Senate, pro tempore. April 30, 1810. APPROVED, JAMES MADISON. CHAPTER LV. AN ACT further to alter and amend "An act providing for the third census or enumeration of the inhabitants of the United States." E it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That so much of the first section of the act, passed during the present session of Congress, entitled "An act providing for the third census or enumeration of the inhabitants of the United States," as relates to the forms of the oaths or affirmations thereby directed to be, cretaries and taken by the marshals, secretaries and assis- Oaths of the tants therein mentioned respectively, shall marshals, sebe and hereby is repealed, and that the said assistants unoaths or affirinations shall be in the following der the Cenforms, that is to say: The marshals' and secretaries' oath in the form following: "I A. B. marshal of the district of (or secretary of the territory of as the case may be) do solemnly swear or (or as the case may be,) and make due return thereof to the said marshal (or secretary,) agreeably to the directions of the several acts of Congress providing for the third census or enumeration of the inhabitants of the United States; according to the best of my ability." Sec. 2. And be it further enacted, That it shall be the duty of the several marshals, secretaries, and their assistants aforesaid, at the time for taking the census or enumeration aforesaid, to take, under the direction of the Secretary of the Treasury, and accord sus act. |