ed and if any Postmaster or any such person neglects or refuses to render his accounts, and to pay over to the Postmaster General the balance by him due at the end of any such period, the Postmaster General may cause a suit to be commenced against the person or persons so neglecting or refusing. 45. If any Postmaster neglects to render his accounts for Penalty for one month after the time or, in the form and manner pres- rendering of delay in the cribed by the Postmaster General's instructions and regula- accounts. lations, he shall forfeit double the value of the postages which have arisen at the same office in any equal portion of time previous or subsequent thereto, to be recovered by the Postmaster General in an action of debt on the bond against the Postmaster and his sureties, and for which the sureties shall be liable. the amount of 46. No Postmaster shall, under any pretence whatsoever, Postmasters have or receive or retain for himself, any greater or other to have only allowance or emolument of any kind, than the amount of their authohis salary and allowances as fixed and authorized by law or rized salaries by the Postmaster General. and allow ances. General may fix such 47. Postmasters whose salaries are not fixed by law may Postmaster be paid by a percentage on the amount collected by them, or by such salary and allowances as the Postmaster General by salary on perregulation may determine in each case, having due regard centage in to the duties and responsibilities assigned to each Post Office. certain cases. MAIL CONTRACTS AND CONTRACTORS. advertising 48. The Postmaster General, before entering into any Mailcontracts contract for carrying the mail involving an annual cost of for more than $200 per ann. more than two hundred dollars, shall give at least six weeks to be awarded previous notice by advertisement in such newspaper or only after newspapers as he may select in each case, and by public for tenders. notices put up in the principal post offices concerned in such contract, that such contract is intended to be made, and of the day on which tenders for the same will be by him received: to the lowest 2. And the contracts in all cases in which there is more Contract to than one tender, shall be awarded to the lowest bidder be awarded tendering sufficient security for the faithful performance of bidder giving the contract, unless the Postmaster General is satisfied good security, that it is for the interest of the public not to accept the cause. lowest tender: unless for 3. The Postmaster General shall not be bound to consider If otherwise, the bid of any person who has wilfully or negligently failed reasons to be reported to to execute or perform a prior contract; but in all cases the Governor. where Lowest offer not to be accepted if deemed excessive. where he does not give the contract to the lowest bidder, he shall report his reasons therefor to the Governor, for the information of Parliament. 49. When in the opinion of the Postmaster General the lowest proposal received after public advertisement for the performance of a mail contract is excessive, he shall not be compelled to accept the said proposal, but may, in his discretion, either, re-advertise the said contract for further Proceedings competition, or offer to the persons from whom proposals have been received, each in his turn, beginning with the lowest, such sum as he deems an equitable and sufficient price for the said contract, and may enter into a contract with such of the said persons as will accept such offer. in such case. Postmaster may be allowed to be 50. It shall be within the discretion of the Postmaster General to authorize and allow a Postmaster to undertake a contractor. and perform a contract for the transportation of a mail, subject to the regulations applying to all mail contracts, when, in his opinion, the interests of the public service will be thereby promoted. Every tender to be accompanied by a 51. Every proposal for carrying the mail shall be accompanied by an undertaking, signed by one or more written gua- responsible persons, to the effect that he or they undertake rantee to give that the bidder will, if his bid be accepted, enter into an good security. obligation, within such time as may be prescribed by the Postmaster General, with good and sufficient sureties, to perform the service proposed: Penalty for 2. If, after the acceptance of a proposal and notification failure to give thereof to the bidder, he fails to enter into an obligation within security after acceptance of the time prescribed by the Postmaster General, with good and tender. sufficient sureties for the performance of the service, then the able. Postmaster General shall proceed to contract with some other person for the performance of the said service, and may forthwith cause the difference between the amount contained in How recover the proposal so undertaken, and the amount for which he has contracted for the performance of the said service, for the whole period of the proposal, to be charged up against the said bidder and his surety or sureties; and the same may be immediately recovered for the use of the Post Office in an action of debt in the name of the Postmaster General against either or all of the said persons. Contracts for per annum, to be let as the General sees Postmaster 2. The Postmaster General may, at his discretion, subless than $200 mit contracts for mail transportation, involving an annual expense of less than two hundred dollars, to public competition in the manner and form prescribed for contracts of a greater annual charge,-or he may direct an agent to receive tenders for and execute such contracts on his behalf,-or he may in special cases conclude such contracts by private fit. agreement agreement when he conceives the public interest will be promoted by such a course; but he shall not pay under any such contract made by private agreement, a higher rate of annual payment for the services to be performed than is ordinarily paid for services of a like nature under contracts let by public advertisement. Proviso. with persons 53. No contract for carrying the mail shall knowingly be Contracts not made by the Postmaster General with any person who has to be made entered into any combination or proposed to enter into any who have a combined to combination to prevent the making of any bid for keep back mail contract by any other person, or who has made any tenders. agreement, or has given or performed or promised to give or perform any consideration whatever, or to do or not. to do anything whatever, in order to induce any other person not to bid for a mail contract. Railways or 54. The Postmaster General may contract for conveying As to Conthe mail with any railway or steamboat company either tracts with with or without advertising for such contract; but all con- Steamboat tracts involving the payment of a larger sum than one Companies. thousand dollars shall be submitted to the Governor in Council. recorded. 55. The Postmaster General shall keep recorded, in a well Abstracts of bound book, a true and faithful abstract of offers made to tenders to be him for carrying the mail, embracing as well those which are rejected as those which are accepted,-the said abstract to contain a description of each contract advertised for public competition, the dates of the offers made, the dates at which they were received by the Postmaster General, the names of the parties offering, the terms on which they propose to carry the mail, the sum for which it is offered to contract, and the length of time the agreement is to continue: and the Post- Originals to master General shall also put on file and preserve the be preserved. originals of the propositions of which abstracts are here directed to be made: to be for more 2. No contract shall be entered into for a longer term than No contract four years; but the Postmaster General may, in special cases, than four when in his opinion the service has been satisfactorily per- years. formed under an expiring contract, and on conditions advantageous for the public interest, renew the same with the same contractor for a further term of not exceeding four years. 56. The Postmaster General may make temporary con- Temporary tracts for such services until a regular letting in the form contracts. prescribed can take place. 7. No additional compensation shall be made to any mail Additional contractor so as to make the compensation for additional compensation regular limited. And so of ance. regular service exceed the exact proportion which the original compensation bears to the original service stipulated to be performed and no extra allowance shall be made by the extra allow Postmaster General to any contractor, for an increase of expedition in the transportation of the mail, unless thereby the employment of additional stock or carriers by the contractor is rendered necessary; and in such case, the additional compensation shall never bear a greater proportion to the additional stock or carriers rendered necessary than the sum stipulated in the original contract bears to the stock and carriers necessarily employed in its execution. Her Majesty's Mail to be carried on Railways on terms and 58. Her Majesty's Mail and persons travelling therewith on Postal service, shall, at all times when thereunto required by the Postmaster General, be carried on any and every railway made or to be made in Canada, and with the whole resources of the railway company if required, on such terms Governor in and conditions and under such regulations as the Governor in Council makes. conditions to be fixed by Council. Postmaster establish Post POST OFFICE SAVINGS BANKS. 59. To enlarge the facilities now available for the deposit General may of small savings, and to make the Post Office available for Office Savings that purpose, and to give the direct security of the Dominion Banks. to every depositor for repayment of all moneys deposited by him, together with the interest due thereon,-the Postmaster General may, with the consent of the Governor in Council, establish a system of Post Office Savings Banks, in connexion with a Central Savings Bank established as a branch of the Post Office Department at the seat of Government. Postmaster to receive and repay deposits. Deposits to be entered in Depositor's Book and entry to be attested. Acknow 60. The Postmaster General may, with the consent of the Governor in Council, authorize and direct such Postmasters as he shall think fit, to receive deposits for remittance to the central office, and to repay the same, under such regulations as he, with the sanction of the Governor in Council, may prescribe in that respect. 61. Every deposit received by any Postmaster appointed for that purpose shall be entered by him at the time in the depositor's book, and the entry shall be attested by him and by the dated stamp of his office, and the amount of such deposit shall, upon the day of such receipt, be reported by such Postmaster to the Postmaster General, and the ledgement of acknowledgement of the Postmaster General, signified by deposit by the officer whom he shall appoint for the purpose, shall be General to be forthwith transmitted to the depositor, and the said acknowledgment shall be conclusive evidence of his claim to within ten the repayment thereof, with the interest thereon, upon demand made by him on the Postmaster General; and, in Postmaster transmitted to depositor days. order order to allow a reasonable time for the receipt of the said Proviso depositor on possible 62. On demand of the depositor or party legally author- Deposit to be ized to claim on account of the depositor, made in such form repaid to as shall be prescribed in that behalf, for repayment of any demand with deposit, or any part thereof, the authority of the Postmaster the least General for such repayment shall be transmitted to the delay. depositor forthwith, and the depositor shall be entitled to repayment of any sum or sums that may be due to him with the least possible delay after his demand shall be made at any Post Office where deposits are received or paid.· amount 63. The Postmasters and other officers of the Post Office Name of engaged in the receipt or payment of deposits shall not dis- Depositor or close the name of any depositor nor the amount deposited or deposited or withdrawn, except to the Postmaster General, or to such of withdrawn his officers as may be appointed to assist in carrying into closed by operation the provisions of this Act in relation to Post Office officers. Savings Banks. not to be dis over to Recei 64. All moneys so deposited with the Postmaster General Money deposi shall forthwith be paid over to the Receiver General of ted to be paid Canada, and shall be credited to an account called " Post ver General, Office Savings Bank Account;" and all sums withdrawn by and sums depositors, or by parties legally authorized to claim on be repaid by account of depositors, shall be repaid to them by the Re- him. ceiver General, through the Office of Her Majesty's Postmaster General and charged to such account. withdrawn to 65. The interest payable to the parties making such de- Interest on all posits shall be at the rate of four dollars per centum per payable for deposits to be annum; but such interest shall not be calculated on any each $1, for amount less than one dollar or some multiple thereof, and each whole not commence until the first day of the calendar month next month, at 4 following the day of deposit, and shall cease on the first day per cent per of the calendar month in which such deposit is withdrawn. Calendar annum. |