maliciously. A public duty is not enforceable by a private action, except when it has been specifically given by statute. (Foster vs. McKibben, 14 Penn. St. R., 168; also Strong es. Campbell, 11 Barb., 135.)

In United States ex rel vs. Smallwood, Judge Durriel held that under the acts of 1845 and 1863 (containing substantially these provisions) the publication was in the discretion of the Postmaster-General, but when the discretion is once exercised and publication ordered, it must be through the columns of the paper having the largest circulation within the delivery of the post-office. (Am. Law Times Reports, vol. 2, 109.)

Sec. 445. Advertising Foreign Letters.-The list of non-delivered letters addressed to foreign-born persons may be published in a newspaper printed in the language most used by them, which shall be selected in the manner prescribed in the preceding section. (R. S., § 3931.)

Sec. 446. Displaying Lists of Advertised Letters.-Every postmaster shall [post] [display] in a conspicuous place in his office a copy of each list of non-delivered letters immediately after its publication. (R. S., § 3933.) Sec. 447. Pay for Advertising Letters.-The compensation for publishing the list of non-delivered letters shall in no case exceed one cent for each letter so published. (R. S., § 3934.)

Sec. 448. Charge on Advertised Letters.-All letters published as nondelivered shall be charged with one cent in addition to the regular postage, to be accounted for as part of the postal revenue. (R. S., § 3935.) The charge provided for by this section is only to be made when compensation is paid for advertising letters by virtue of an order of the Third Assistant PostmasterGeneral in accordance with section 444. See also section 452.

Sec. 449. Advertisement of Unclaimed Matter.-At post-offices of the fourth class unclaimed matter of the first class only, except "card" and "request" letters, and all valuable matter of the third and fourth classes shall be advertised monthly, and when practicable such advertising should take place upon the first day of the month. At all other post-offices such matter shall be advertised weekly, and where practicable such advertising should take place on Monday.

Sec. 450. Matter that should not be Advertised.-Each advertisement should include all the matter indicated in the preceding section on hand at the time of advertising, except such as is intended for persons who call regularly at the postoffice, or where it is indorsed To BE HELD UNTIL CALLED FOR, POSTE RESTANTE, or words to that effect; or where the postmaster has special reason to believe that it will be called for, or where he has been requested by the party addressed to retain it. In such cases it may be held for a period not exceeding two months, after which it should be advertised. But whenever any matter is so held it must be plainly marked "Specially held for delivery."

Sec. 451. Form of the Advertisement.-The advertising of unclaimed matter shall be effected by placing conspicuously in the post-office one or more printed or manuscript lists of the names of the persons to whom such matter is addressed. The names on such list or lists shall be arranged alphabetically, and where there is any considerable number the names of the ladies and gentlemen shall be in separate lists. The third and fourth class matter should always be advertised in a list separate from the letters, with appropriate headings.

Sec. 452. Advertisements in Newspapers.-If the publisher of any newspaper desires to publish such advertised list gratuitously, it shall be the duty of postmasters to furnish a copy for that purpose, and if more than one publisher desires to do so a copy should be furnished to all simultaneously. No expense must be incurred in the advertising of unclaimed matter, nor any fee charged upon delivery of the same except by special permission from the Third Assistant Postmaster-General.

Sec. 453. Advertised Matter to be so Marked.-Every letter or parcel advertised must have plainly written or stamped upon the address side the word ADVERTISED together with the date of advertising.

Sec. 454. Letters from Dead-Letter Office to be Advertised.-Letters and other matter returned from the Dead-Letter Office direct to the sender, should be advertised, and, if not called for, be treated as ordinary unclaimed matter.

Sec. 455. Fictitious Matter not to be Advertised.-Fictitious matter should not be advertised, but should be sent to the Dead-Letter Office weekly from all postoffices to which it is addressed. Such matter must not be detained at the mailing post-office. This matter should be sent in returns entirely separate from other classes of matter, and the packet should be plainly indorsed, RETURN OF FICTITIOUS MATTER. Each return of this matter must be accompanied by a list giving the addresses of the matter included in the return, and the number of pieces to each address. This list may be made on Form 1522 by changing the word “unmailable” to “fictitious.”

Sec. 456. Request Matter.-When the writer of any letter on which the postage is prepaid shall indorse upon the outside thereof his name and address, such letter shall not be advertised, but after remaining uncalled for at the office to which it is directed thirty days, or the time the writer may direct, shall be returned to him without additional charge for postage, and if not then delivered shall be treated as a dead letter. (R. S., §3939.)

Sec. 457. Card Matter.-Whenever any unclaimed matter of the first class bears the name and address of the sender or some designated place to which it can be returned, as post-office box, street and number, etc., without a request that the same be returned if not delivered, such matter will not be advertised, but must be returned to the sender at the expiration of thirty days, or such other period as may have been specified on the envelope, from the date of its arrival at the post-office of destination. Under the present postal arrangements with Canada all unclaimed request letters originating in either country are treated in the manner herein provided for domestic request letters.

Sec. 458. Postage must be Prepaid on Card and Request Matter.-No letter or other article of matter of the first class shall be returned to the sender, as provided in the two preceding sections, unless at least one full rate of postage was originally prepaid thereon.

Sec. 459. Unclaimed Official Matter to be Treated as Card Matter.-Unclaimed letters and other matter originating in any of the Executive Departments of the Government or inclosed in official penalty-envelopes, and matter mailed under the frank of Senators and Members or officers of Congress, is to be returned to the postoffice of origin under the provisions of section 457 the same as other card and request matter. If the post-office of origin cannot be ascertained it should be returned to post-office, Washington, D. C.

Sec. 460. Postmasters' Letters to be Treated as Card Letters.-Letters written by postmasters upon official business should be treated as card letters, and if unclaimed should be returned to the post-office of origin as indicated by the envelope. If the post-office of origin cannot be determined, then they should be sent to the DeadLetter Office in the regular return of unclaimed matter.

Sec. 461. Date of Arrival and Return of Card Matter.-Every unclaimed card or request letter must bear the stamp of the post-office indicating the date of its arrival, and a postmark showing the date of its return to the writer.

Sec. 462. Collection of Postage on Short-paid Returned Card Matter.-Unclaimed card and request letters which are short-paid, but upon which one full rate of postage was prepaid when mailed, are to be returned to the post-office of origin

for delivery to the writer, who will be required to pay the amount originally due. If payment is refused, the matter will be indorsed as REFUSED and treated accordingly. See section 442.

Sec. 463. Local Letters not Returned to Another Post-Office.-A request upon a local or drop-letter for its return to the writer at some other post-office, if unclaimed, cannot be respected except in the case of such as may have been prepaid with at least one full (three-cent) rate of postage.

Sec. 464. Disposition of Hotel-card Letters.-Unclaimed letters bearing the card of a hotel, a school, or college, or other public institution which has evidently been placed upon the envelope to serve as a mere advertisement, should not be returned to the place designated in such card unless there is also a special request that they be so returned.

Sec. 455. Return of other than First-Class Card and Request Matter.-Unregistered matter other than that of the first class cannot be returned free to the sender, even if a request to that effect be written or printed thereon, except first-class rates of postage be prepaid thereon. When, therefore, matter of other than the first class is deposited in a post-office for mailing, bearing a request to return to the sender if not delivered, it shall be the duty of the postmaster to retain it and notify the sender at once, by return of matter or otherwise, and call his attention to this regulation, Senders of matter other than first class are permitted and should be encouraged by postmasters to write or print upon parcels sent by them the following notice or the substance thereof to the postmaster at the post-office of delivery, to wit: IF NOT DEDAYS, THE POSTMASTER IS REQUESTED TO NOTIFY THE SENDER, SPECIFYING THE AMOUNT OF POSTAGE WHICH MUST BE REMITTED TO INSURE THE RE

LIVERED WITHIN

TURN OF THE PARCEL TO- -(giving the name and address of the sender). It is the duty of postmasters receiving matter with this request written or printed thereon to comply therewith as promptly as in the case of first-class matter; and such matter should be stamped as provided in section 461.

Sec. 466. Matter Unclaimed after Return to Sender.-When matter returned to the sender under the provisions of the preceding sections is not claimed, it should be treated in all respects as other ordinary unclaimed matter.

Sec. 467. Disposition of Missent Matter.-Postmasters at whose postoffices letters which have evidently been misdirected may arrive should not forward them to other post-offices for the purpose of trial, on the supposition that they may reach the parties named in the address. If they know the proper direction to be given the letters, they may forward them without additional postage, but otherwise they should be sent to the Dead-Letter Office as misdirected matter, as directed in section 442. In either case the letter should be stamped MISDIRECTED, and bear the name of the post-office and the date of disposition.

Sec. 468. Authority of Postmaster-General to Kill Letters.-The PostmasterGeneral may regulate the period during which undelivered letters shall remain in any post-office and when they shall be returned to the DeadLetter Office; and he may make regulations for their return from the Dead-Letter Office to the writers, when they cannot be delivered to the parties addressed. (R. S., 3936.)

Sec. 469. Final Disposition of Unclaimed Matter.-Unclaimed matter at post-offices of the first, second, and third classes must be sent to the Dead-Letter Office at the expiration of four weeks after the date of advertisement; and at post-offices of the fourth class one month after advertisement. In this way post-offices that advertise weekly will make a return of dead letters to the Department weekly, and at post-offices where the advertisement is done monthly, the return will be made monthly.

Sec. 470. Undelivered Matter to show Reason for Non-delivery.-Upon every undelivered article of mail-matter must appear the reason for non-delivery, such as

REMOVED, DEAD, REFUSED, FIRM DISSOLVED, &c. The specific reason should always be given, if possible, as the information is often of great value to the writer; but when that cannot be ascertained, it will be sufficient to mark them UNCLAIMED.

Sec. 471. Disposition of Refused Second-class Matter.-Postmasters shall notify the publisher of any newspaper, or other periodical, when any subscriber shall refuse to take the same from the office or neglect to call for it for the period of one month. (R. S., § 3885.)

Sec. 472. Disposition of other Refused Matter.-Refused matter should be sent to the Dead-Letter Office with the unclaimed matter, and should be entered on the statement (Form 1523) under its appropriate head. A list giving the address of each piece of matter should accompany the return. These lists should be made in two parts, one for the first-class matter and another for the third and fourth class. Refused matter should not be held in a post-office beyond the time for making the next regular return of unclaimed matter.

Sec. 473. Return of No unclaimed and refused matter.-Whenever it happens that there is no unclaimed or refused matter to be sent to the Dead-Letter Office at the regular time for making the return of such matter, a statement (Form 1523), properly headed and dated, and the words NO MATTER TO SEND noted thereon, should be sent to the Dead-Letter Office.

Sec. 474. Statements of Unclaimed Matter.-Each return of unclaimed matter must be accompanied by a statement made on Form 1523 (suitable blanks, printed on white paper for use at fourth-class post-offices, and on yellow for all others, will be furnished upon application to the Superintendent of Blank Agency, Post-Office Department), and also by a copy of the advertised list. The matter which has been delivered or otherwise disposed of since advertising should be indicated by having the names marked off the list. Both statement and advertised list must always be inclosed with the return, and not sent in a separate envelope or package. Returns of unclaimed matter should be addressed to the Dead-Letter Office, Washington, D. C., and must be plainly indorsed RETURN OF UNCLAIMED MATTER FROM (here insert the name of the post-office). For this purpose an official penalty-envelope will be used as a label, either pasted or securely tied to the package. No postage will be required.

Sec. 475. Disposition of Unmailable Matter Reaching Destination.—When any matter classed as unmailable on account of its harmful nature has, through inadvertence, reached its destination and has been refused, after being treated as prescribed in section 230, it should not be sent to the Dead-Letter Office, but must be detained, and a statement giving a description of contents, name of the addressee, etc., be sent to the Third Assistant Postmaster-General, who will issue instructions as to its final disposition in each case. Obscene matter which, through inadvertence of the postmaster at the mailing place, reaches the post-office of destination, should be withheld from delivery and at once sent to the Dead-Letter Office, accompanied by a special letter of advice addressed to the Third Assistant Postmaster-General. Lottery matter which has, through the inadvertence of the postmaster at the mailing post-office, reached the post-office of destination, should be withheld from delivery and sent to the Dead-Letter Office, with a letter of advice addressed to the Third Assistant Postmaster-General.

Sec. 476. Hotel Matter without Card or Request.-Hotel matter returned to the post-office not redirected and bearing no "card" or "request" will be sent to the Dead-Letter Office weekly from all post-offices, with a complete list, giving the full name and address of each article. The entries in the list must be arranged alphabetically, and the articles and entries numbered to correspond. The list may be made on Form 1522, changing the word unmailable to hotel. Returns of this matter must be made separate from other classes of matter, and the words RETURN OF HOTEL

MATTER FROM

(here add the name of the post-office) must be plainly indorsed

upon the outside of the package. Whenever hotel matter is returned to a post-office redirected by the proprietor of a hotel or by other consignee, and in good order, it shall be the duty of the postmaster to forward it accordingly without postage charge therefor: Provided, He shall have, at the time of its return, no contrary instructions from the addressee: And provided further, That such new address is to any place to which such matter might be forwarded under the provisions of section 371, or is to any place in a foreign country to which prepayment of postage is optional. Hotel letters bearing a special request for their return, and letters bearing the name and address or the business card of the writer, are, of course, excepted from the above requirements, and will be treated as provided in sections 456 and 457.

Sec. 477. All Hotel Matter to be Stamped.-Postmasters should be careful to stamp upon all hotel matter the date of the original delivery and also the date of its return to the post-office.

Sec. 478. Disposition of Dead Printed Matter.-The Postmaster-General may provide, by regulations, for disposing of printed and mailable matter which may remain in any post-office, or in the Department, not called for by the party addressed; but if the publisher of any refused or uncalled-for newspaper or other periodical shall pay the postage due thereon, such newspaper or other periodical shall be excepted from the operation of such regulations. (R. S., § 4061.)

Sec. 479. Dead Foreign Printed Matter.-All foreign printed matter when unclaimed the usual time must be sent to the Dead-Letter Office as part of the regular return, but no entry thereof need be made on the bill except of that upon which postage may be due.

Sec. 480. Dead Domestic Printed Matter.-Domestic miscellaneous printed matter, without obvious value, including printed postal-cards, is not to be sent to the Dead-Letter Office when unclaimed, except that upon which postage may be due, but must be sold as waste-paper at the expiration of each quarter and the proceeds taken up and accounted for as other postal revenue.

Sec. 481. Dead Postal Cards.-Unclaimed postal cards wholly written. will be sent to the Dead-Letter Office with the regular return at the expiration of thirty days. Foreign postal cards must be tied in a package by themselves.

Sec. 482. Return of Dead Matter.-In making up the return all matter sent should be securely wrapped and tied together in one package. At post-offices of the first, second, and third classes the foreign matter should be separated from the domestic. When the number of letters to be sent in a single return is large, they should be tied up in packets of one hunderd each, and then the whole return should be bound together in one parcel, or put into a suitable pouch properly addressed and indorsed. If there be third or fourth class matter to accompany the return in sufficient quantity to make it inconvenient to tie the whole in one parcel, a pouch must be used, so that all the matter will be received together.

Sec. 483. Record of Valuable Dead Letters.-Dead letters containing valuable inclosures shall be registered [recorded] in the Dead-Letter Office; and when they cannot be delivered to the party addressed nor to the writer, the contents thereof shall be disposed of, and a careful account shall be kept of the amount realized in each case, which shall be subject to reclamation by either the party addressed or the sender for four years from the registry [recording] thereof; and all other letters of value or of importance to the party addressed or to the writer, and which cannot be returned to either, shall be disposed of as the Postmaster-General may direct. (R. S., § 3938.]