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prepared for delivery, unless the addressee has given orders to the contrary and shall make as many efforts each day to deliver such mail as their trips will permit, unless it clearly appears after any trip that delivery by them is impossible.
(b) After each unsuccessful trial the carrier shall write in pencil, on the left end or back of the letter or parcel, the reason for nondelivery, and sign it with his initials and number and leave a notice (Form 3849) at the addressee's residence, place of business, or mail box.** [Sec. 1357]
16.49 When delivery cannot be effected. When on any day it is found impossible to deliver a registered article on that date, it shall be returned to the postmaster, superintendent, or authorized clerk. This shall be done also after the last trip each day, and after any trip which is followed by the carrier's lay-off.*+ [Sec. 1358]
16.50 Registered special-delivery letters. (a) Registered letters for special delivery shall be intrusted only to adult employees of a post office, or, if this be not practicable, only to sworn messengers of undoubted discretion and good judgment. Postmasters may make delivery of such letters in person.
(b). In delivering special-delivery registered mail the receipts required for special-delivery mail need not be obtained in addition to the receipts for registered mail.† [Sec. 1359]
16.51 Delivery by rural carriers. (a) Registered mail addressed to a patron of a rural route shall be delivered at the residence of the patron if it be not more than one-half mile from the line of travel and there is a passable road leading to it, but a carrier shall not be required to make more than one visit to a residence to effect the delivery of any one piece of registered mail. (See $ 16.46.)
(b) If the addressee does not meet the carrier on the first trip, or by reason of location is not entitled to delivery at his residence, or delivery at the residence is not effected as prescribed by the preceding paragraph, the carrier shall place in the box of the patron a notice (Form 3849) that the patron may obtain the registered article by calling at the post office or meeting the carrier at the box on the next trip.*+ [Sec. 1360]
16.52 Telephone. A rural carrier may advise a patron of his route whose residence or place of business is located more than onehalf mile from the route, by telephone or otherwise, that he holds registered mail addressed to him, and that he will be at the patron's mail box at a specified time to effect delivery. Such arrangement shall not be made, except on initiative of the patron, when the latter is located one-half mile or less from the route.*+ [Séc. 1361]
16.53 Delivery from rural stations. Registered mail addressed to a rural station for delivery shall be held there, to be called for, the usual office registry notice (Form 3849) being issued, unless the addressee is a patron of a rural route starting from such station or a route contiguous thereto, in which case the mail shall be sent out by the carrier, unless patron otherwise directs.*+ [Sec. 1366]
**For statutory and source citations, see note to $ 16.1.
16.54 Correspondence relative to the registry system. All correspondence or other business relating wholly to matters concerning the domestic registry system shall be conducted through the office of the Third Assistant Postmaster General, Division of Registered Mails, and those relating wholly to the international registry system shall be conducted through the office of the Second Assistant Postmaster General, Division of International Postal Service. All papers coming into the possession of any other branch of the Postal Service or other office of the department in connection with such business shall be referred, either entire or by copies or appropriate extracts, to the office directly in charge of the registry service, domestic or international, as the case may be; but all cases involving the loss, depredation, or wrong delivery indicating probable loss of a domestic registered article, and all inquiries for missing domestic registered matter shall be referred or reported in the first instance to the inspector in charge, while those concerning foreign registered matter shall be handled in accordance with the provisions of section 813, Postal Laws and Regulations, Postmaster General, 1932.** [Sec. 1367]
16.55 Exceptional treatment of registered mail. When at particular points or in particular instances the general method prescribed by the regulations relative to registered mail is not practicable or advantageous, the Third Assistant Postmaster General, Division of Registered Mails, in the case of domestic mail, and the Second Assistant Postmaster General, Division of International Postal Service, in the case of international mail, may authorize exceptional dispatches or exceptional treatment of such mail.** [Sec. 1368]
16.56 Registered matter to be kept separate and secure. All registered matter shall be kept separate from ordinary matter, and properly protected from accident or theft. Registered mail 'shall be handled, as far as practicable, only by experienced employees of known integrity.*+ [Sec. 1369]
16.57 Responsibility for registered matter. Postmasters and other postal employees will be held personally responsible by the Post Office Department for the wrong delivery, depredation upon, or loss of any registered letter or parcel if such wrong delivery, depredation, or loss be due to negligence or disregard of the regulations in this chapter.** [Sec. 1370]
16.58 Mail matter not to be surrendered upon service of legal process. (a) Postmasters and other postal employees shall not surrender registered matter upon the service of process of attachment, garnishment, or other legal process. A postmaster or other employee served with such process shall make answer to the court from which it issues, setting forth his official character and the fact that the matter in dispute came into his hands by virtue of his official authority. If, after such answer, the court directs the delivery, the postmaster shall request the suspension of the order until he can communicate with the Third Assistant Postmaster General, Division of Registered Mails, in the case of domestic mail, and with the Second Assistant Postmaster General, Division of International Postal Service, in the case of foreign mail, by telegraph if necessary, and obtain further instructions.
**For statutory and source citations, see note to 8 16.1.
(b) A postal employee summoned to take registry records into court shall not permit them to be taken from his custody, and during the absence of such records as are in current use at the post office blank record forms of the same kind shall be used. (See § 9.2.)*+ [Sec. 1371]
INDEMNITY FOR LOSSES 16.59 Indemnity for domestic registered matter. (a) As a part of such system of registration he, the Postmaster General, may provide rules under which the senders or owners of any registered matter shall be indemnified for loss, rifling, or damage thereof in the mails, the indemnity to be paid out of the postal revenues, but in no case to exceed $1,000 for any one registered piece, or the actual value thereof when that is less than $1,000, and for which no other compensation or reimbursement to the loser has been made: Provided, That the Postmaster General may in his discretion provide for the payment of indemnity for the actual value of registered mail or insured mail treated as registered mail in excess of $1,000, but not in excess of $10,000, when such mail is not insured with any commercial insurance company or other insuring agency and may fix the fees chargeable for the risks assumed ratably at the rates fixed up to $1,000: Provided further, That the Postmaster General in his discretion may cause to be underwritten or reinsured in whole or in part with any commercial insurance companies any liability or risk assumed by the Post Office Department in connection with the mailing of any particular registered article or articles. (See $ 16.1.)
NOTE: The present limit of indemnity for domestic registered mail has been fixed at $1,000. (See $ 16.3.)
(b) Any necessary detailed instructions in connection with the administration of the regulations relating to indemnities for domestic registered mail shall be issued by the Third Assistant Postmaster General.† (R.S. 3926, 29 Stat. 599, sec. 1, 32 Stat. 1174, sec. 3, 45 Stat. 469, sec. 1, 47 Stat. 338; 39 U.S.C. 381.) [Sec. 1380]
16.60 False claims for indemnity. Whoever shall make, allege, or present, or cause to be made, alleged, or presented, or assist, aid, or abet in making, alleging, or presenting, any claim or application for indemnity for the loss of any registered letter, parcel, package, or other article or matter, or the contents thereof, knowing such claim or application to be false, fictitious, or fraudulent; or whoever for the purpose of obtaining or aiding to obtain the payment or approval of any such claim or application, shall make or use, or cause to be made or used, any false statement, certificate, affidavit, or deposition; or whoever shall knowingly and wilfully misrepresent or misstate, or, for the purpose aforesaid shall knowingly and wilfully conceal any material fact or circumstance in respect of any such claim or application for indemnity, shall be fined not more than $500, or imprisoned not more than 1 year, or both.† (Sec. 224, 35 Stat. 1113; 18 U.S.C. 354.) [Sec. 1381]
**For statutory and source citations, see note to $ 10 1. 16.61 Limit of indemnity. (a) Indemnity within the prescribed limit will be paid to the rightful claimant in case of the injury, loss, or rifling of domestic registered mail, as follows:
(1) In the case of loss or irreparable damage, the market value of the article at the time of loss, or its value on date of mailing, if date of loss can not be ascertained.
(2) In case of partial damage, the actual and necessary cost of repairs.
(3) The actual, direct, and necessary expenses of duplicating valuable papers, or the original cost of such papers when not duplicated.
(b) All claims for indemnity involving registered mail, or insured mail treated as registered mail, or other insured mail, or collect-ondelivery mail, which is also insured with commercial insurance companies or other insuring agencies, shall be adjusted by the Post Office Department on a pro rata basis as a co-insurer with the commercial insurance companies or other insuring agencies.
(c) Whenever a false, fictitious, or fraudulent value is knowingly and wilfully stated, the department reserves the right without any refund of fee to decline to pay indemnity or to pay such indemnity as may in its discretion be considered equitable in the light of the evidence procured.
(d) If no agreement is reached in the case of a conflicting claim, the department reserves the right either to determine who should receive indemnity or to withhold payment until the property right is determined by legal procedure.
(e) Claims for indemnity involving domestic registered mail shall be made within 1 year from the date of mailing, unless the delay in filing such claim was unavoidable or not due to the fault of the claimant.
(f) No indemnity will be paid
(1) For the injury or loss of any registered matter upon which both postage and registry fee have not been paid.
(2) For the injury or loss of any registered matter which was not rightfully in the mails, or was not injured or lost while in the custody of the Postal Service, or for which other compensation or reimbursement has been made through the Post Office Department or the Postal Service.
(3) For the injury or loss of any registered matter exchanged between post offices in the United States and post offices in possessions of the United States having separate and distinct postal services, except in accordance with such stipulations as may be agreed upon between the postal administrations interested unless the matter originated and the weight of evidence indicates that the matter was lost in the Postal Service of the United States.
(4) For injury to registered mail, due to insecure or insufficient preparation and wrapping by the sender.
(5) For the loss, injury, or rifling of a registered article remailed after proper delivery unless the article was reregistered after delivery and the evidence indicates to the satisfaction of the department that the loss, injury, or rifling occurred in the Postal Service.
(6) For indirect, remote, and unnecessary expenses incident to repairs or duplication of papers, or for any consequential loss.
(7) When the sender knowingly and wilfully failed to state, when required, at the time of mailing, the full value of a registered article or an insured article treated as registered mail. (See $$ 16.3, 16.7.)
(g) When the sender is incompetent or deceased and has no legal representative or can not be located the department reserves the right to pay indemnity to such relative or representative of the sender as may in its judgment be entitled to receive the amount due, or to pay, without the consent of the sender, the addressee or owner of the contents of an article when indemnity is claimed by him under the circumstances outlined.
(h) A lost article recovered shall be surrendered upon the return of the indemnity paid. The claimant should be required to accept the article and reimburse the United States for the full indemnity paid if the article is undamaged, or such pro rata amount as may be deemed equitable by the department if the article is damaged or has depreciated in value, or if the contents are not intact. If the article can not be surrendered and the indemnity refunded within 30 days after notice, the article shall be disposed of as undeliverable dead matter.† (R.S. 3926, 29 Stat. 599, sec. 1,32 Stat. 1174, sec. 3, 45 Stat. 469, sec. 1, 47 Stat. 338, sec. 3, 45 Stat. 469, sec. 1, 47 Stat. 339; 39 U.S.C. 381, 38la) [Sec. 1382]
16.62 Domestic registered C. 0. D. mail. (a) Domestic collecton-delivery mail sealed against postal inspection and bearing postage at the first-class rate may be registered upon application of the person posting the same. The rules and regulations applicable to other domestic collect-on-delivery and other domestic registered mail shall apply also to domestic registered collect-on-delivery mail unless otherwise stipulated. (See $ 16.63 (c), citing the law authorizing the Postmaster General to extend the collect-on-delivery service to sealed domestic mail of any class bearing postage at the first-class rate and to fix the fees and limits of indemnity for such service.)
(b) Domestic registered collect-on-delivery mail shall be sealed and bear postage at the first-class rate.
(c) The maximum amount of charges collectible on domestic registered collect-on-delivery mail shall be $200 regardless of the amount of C. 0. D. fee paid in excess of that required for the collection of $200, but the maximum indemnity payable for the loss, rifling, or damage of domestic registered collect-on-delivery mail shall be $1,000, the limit fixed for other domestic registered mail.
(d) The amounts to be collected upon delivery, not exceeding $200, the limits of indemnity payable covering the amounts collectible, and the fees chargeable therefor in addition to the postage on domestic registered collect-on-delivery mail shall be as follows: Amounts of C. O. D. charges and limits of
C. 0. D. tee indemnity payable up to $200 :
*For source citation, see note to $ 16.1.