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the United States of 75 percent of the indemnity liability in those cases where responsibility can not be definitely fixed upon either service. The Administration of the Canal Zone will assume the remaining 25 percent of the indemnity liability in such cases.

(4) The fees for insurance shall be in addition to the postage, and both fees and postage shall be prepaid with stamps affixed.

See section 719, Postal Laws and Regulations, Postmaster General, 1932, as to postmarking insured mail with date of mailing.

(5) Upon payment of an additional fee of 10 cents the sender may restrict delivery of domestic insured mail by marking it "Deliver to addressee only or "Deliver to addressee or order," or with words of similar import. This fee shall also be collected by the postmaster at the office of delivery for delivering any domestic insured article which the addressee (instead of the sender) has restricted in delivery to himself or to his order.

See $ 16.3 (b) and (c), for the law authorizing this charge and for instructions relative thereto which are equally applicable to insured mail.

(e) (1) Whenever the sender of an insured article of mail matter shall so request, and upon payment of a fee of 3 cents at the time of mailing, or of 5 cents subsequent to the time of mailing, a receipt shall be obtained for such insured mail matter, showing to whom and when the same was delivered, which receipt shall be returned to the sender and be received in the courts as prima facie evidence of such delivery: Provided further, That upon payment of the additional sum of 20 cents at the time of mailing by the sender of an insured article of mail matter, a receipt shall be obtained for such insured mail matter, showing to whom, when, and the address where the same was delivered, which receipt shall be returned to the sender, and be received in the courts as prima facie evidence of such delivery: Provided further, That no refund shall be made of fees paid for return receipts for registered or insured mail where the failure to furnish the sender a return receipt or the equivalent is not due to the fault of the Postal Service.

(2) The charge of 20 cents for obtaining a return receipt requested at the time of mailing to show the address where an insured article is delivered shall be in addition to the charge of 3 cents for a return receipt requested at the time of mailing, or a total charge of 23 cents for a return receipt requested at the time of mailing to show where the article is delivered.

(3) All requests for return receipts to show the address where an insured article is delivered shall be made at the time of mailing. No action shall be taken on such requests received after the article has been mailed.

(4) When the sender of an insured article at the time of mailing requests a return receipt without requesting the address where the article is delivered, the article shall be conspicuously marked “Return receipt requested.” When a return receipt showing the address where the article is delivered is requested at the time of mailing, the article shall be marked conspicuously "Return receipt requested showing

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address where delivered.” The postmaster at office of delivery shall supply the return receipt form and obtain a receipt thereon in making delivery.

(5) The requirements of 88 16.2 (a), 16.7, 16.15 (f) and (g), 16.27, covering domestic registered mail, shall be considered equally applicable to, and shall be strictly observed in connection with, domestic insured mail.

(f) Receipts shall be taken upon the delivery of all insured mail and retained in the post office as a record of delivery. Return receipts when obtained shall be in addition to the post office record of delivery.

(g) When an insured parcel is forwarded or returned the forwarding or returning office shall make a record describing the parcel and showing the office to which the article is forwarded or returned and the date of such action.t (Sec. 211 (a), 43 Stat. 1069, sec. 2, 46 Stat. 1049, sec. 1, 47 Stat. 340, 48 Stat. 992; 39 U.S.C. 245, 246d) [Sec. 1386, as amended by P.M.G. Orders 5736, June 29, 1934; 11064, Nov. 12, 1937]

16.65 C. 0. D. service. (a) Third and fourth class (parcel post) matter and sealed domestic mail of any class bearing postage at the first class rate, may be sent collect on delivery between money-order offices of the United States and its possessions, but not to or from the Philippine Islands, the Canal Zone, or United States naval vessels, on payment of the following fees in addition to the postage:

(b) The fee for collect-on-delivery service for domestic third and fourth class mail shall be 12 cents for collections and indemnity not to exceed $5; 17 cents for collections and indemnity not to exceed $25; 22 cents for collections and indemnity not to exceed $50; 32 cents for collections and indemnity not to exceed $100; 40 cents for collections and indemnity not to exceed $150; and 45 cents for collections and indemnity not to exceed $200.

NOTE: The collect-on-delivery fees and limits of indemnity prescribed above for the third and fourth classes of mail also apply to domestic collect-ondelivery mail of any class sealed against postal inspection and prepaid at the first-class rate of postage, except when collect-on-delivery mail is registered, concerning which see § 16.62.

(c) Although the amount of the C. O. D. charges will govern the amount of C. 0. D. fee to be paid by the sender, yet the sender may pay a larger C. 0. D. fee than the charges require if he desires to have the article indemnified in excess of the amount of the C. O. D. charges for its value up to $200, but he may not pay a fee less than is required for the collection of the C. 0. D. charges merely because he is willing to accept indemnity in a smaller amount in case of loss, rifling, or damage. Both postage and fee shall be prepaid with stamps affixed. The collect-on-delivery fees shall cover also insurance against loss or irreparable damage of entire contents including postage (exclusive of fee), rifling, damage, and nonreceipt of returns up to the limit fixed for the fee paid.

(d) Upon payment of an additional fee of 10 cents, the sender may restrict delivery of domestic collect-on-delivery mail by marking it "Deliver to addressee only” or “Deliver to addressee or order," or

For source citation, see note to 8 16.1.

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with words of similar import. This fee shall also be collected by the postmaster at the office of delivery for delivering any domestic collect-on-delivery article which the addressee (instead of the sender) has restricted in delivery to himself or to his order.

See $ 16.3 (b) and (c), for the law authorizing this charge and for instructions which are equally applicable to collect-on-delivery mail.

(e) Collect-on-delivery shipments shall in all cases be based on bona fide orders for the contents of the articles or be in conformity with agreements between senders and addressees.

(f) A collect-on-delivery tag shall be prepared and attached to each collect-on-delivery article, showing office and date of mailing, number of article, names and addresses of sender and addressee, amount due the sender, and the amount of money-order fee necessary to make remittance,

(g) When a collect-on-delivery article is received without the tag attached, a tag shall be prepared, the charges shown on the article shall be collected, and the prescribed receipt obtained.

(h) When a collect-on-delivery article is forwarded or returned, the original tag shall be left attached, the article and tag appropriately marked to show that the article is forwarded or returned, and record made of the disposition of the article.

(i) An employee shall receipt for all collect-on-delivery articles given him for delivery. A receipt shall be given the employee on return of the articles or receipted tags and the total amount to be collected

(j) In delivering C. O. D. mail receipts shall be obtained on the tags attached thereto.

(k) Examination of contents of a collect-on-delivery article shall not be permitted until it has been receipted for and all charges paid, but an article may be refused when tendered for delivery. After delivery the C. 0. D. charges shall not be refunded nor the article taken back for any reason except as a new mailing.

(1) The receipted tag shall be used as the addressee's application for a money order for amount due sender. A money order shall be issued, mailed, and proper records made on the tag, in accordance with the requirements of g 17.12, and the tag filed with the other money-order applications, except at offices where the maintenance of a separate file for C. 0. D. money-order applications is authorized.

(m) If a collect-on-delivery article is received at a nonmoneyorder office, the postmaster thereat shall notify the mailing postmaster, who shall ascertain whether the sender desires the article returned or delivered without collection of charges. If the sender instructs in writing that the article be delivered without collection, the mailing postmaster shall attach the order to the mailing-office record and notify the postmaster at office of address accordingly.

(n) The department shall not be responsible for senders errors in stating charges or for misunderstandings between senders and addressees as to character or contents of collect-on-delivery articles.

(o) The Postmaster General may charge a fee of 10 cents for postal services in effecting delivery of collect-on-delivery mail upon

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terms differing from those originally stipulated at the time of mailing

(p) If sender directs, the amount originally stated as due on delivery of a collect-on-delivery article may be increased (not to exceed $200, the maximum amount collectible), decreased, or canceled, or the article may be delivered at the office where held to other than the original addressee. Such direction shall be filed with the postmaster at the office of mailing, who shall connect the authorization with the mailing-office record of the article and immediately notify the postmaster at the office where the article is held. The fee of 10 cents for this service shall be collected from the sender and affixed by the postmaster at the office of mailing by means of uncanceled postage stamps to Form 3818 or other communication used for this purpose, and canceled.

(q) The postmaster at the office of address shall comply with the authorization of the sender for change or cancellation of charges on the C. 0. D. article involved or the delivery of the article to other than the original addressee received from the postmaster at the office of mailing, and shall attach the authorization to and file it with the delivery-office portion of the collect-on-delivery tag.

(r) If all or part of the fee for the service requested is not attached to the communication received by the postmaster at the office of address, the authorization of the sender shall be complied with and the failure to affix the postage stamps reported to the Third Assistant Postmaster General, Division of Registered Mails.t (Sec. 211 (b), 43 Stat. 1069, sec. 2, 47 Stat. 341, sec. 2, 46 Stat. 264; 39 U.S.C. 246, 246 (b)) [Sec. 1387, as amended by P.M.G. Order 5736, June 29, 1934)

16.66 Demurrage charges. (a) Under such regulations as the Postmaster General may prescribe, any collect-on-delivery parcel which the addressee fails to remove from the post office within 20 days from the first attempt to deliver or the first notice of arrival at the office of address may be returned to the sender, charged with the return postage, whether or not such parcel bears any specified time limit for delivery; and a demurrage charge of not exceeding 5 cents per day may be collected when delivery has not been made to either the addressee or the sender until after the expiration of the prescribed period: Provided, That no demurrage shall be charged on collect-ondelivery parcels exchanged between post offices in continental United States and post offices in the Territories and island possessions of the United States.

(b) A demurrage charge of 5 cents per day shall be collected on each domestic C. O. D. article (registered or unregistered) which the addressee fails to remove from the post office within 20 days after the first attempt to deliver or the first notice of arrival at the office of address, exclusive of the day delivery is first attempted or the first notice of arrival is issued at the office of address, the actual day of delivery, Sundays, and holidays. No demurrage shall be charged on C. 0. D. articles exchanged between the United States proper and Hawaii, Alaska, Puerto Rico, Virgin Islands of the United States, Guam, and Tutuila, Samoa.

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*For source citation, see note to 8 16.1.

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(c) The demurrage charges which have properly accumulated on a domestic collect-on-delivery article at each post office where held shall be paid by either the addressee or the sender before delivery. When a C. O. D. article on which demurrage has accrued is not accepted by the addressee, the amount of demurrage charges shall be paid by the sender upon return of the C. 0. D. article to him. Postage-due stamps representing the amount of demurrage charges shall be affixed to each article and canceled at the time of delivery.

(d) The sender of each domestic collect-on-delivery article, registered or unregistered, shall be notified of the inability to make delivery regardless of the cause as soon as it is definitely known that the collect-on-delivery article is undeliverable, but, in any event, within five days after the date of receipt of the article at the office of address. A record shall be kept at offices of address showing the dates on which notices are sent to senders of undelivered collect-ondelivery articles, and the articles indorsed accordingly. (49 Stat. 867; 39 U.S.C., Sup., 246c) [Sec. 1388, as amended by P.M.G. Order 7709, Sept. 3, 1935]

16.67 Payment of indemnity claims by postmasters. (a) The Postmaster General may, under such rules and regulations as he shall prescribe, authorize postmasters to pay limited indemnity claims on insured and collect-on-delivery mail.

(b) Except as stated in current Postal Guide, postmasters at the central accounting offices of the States or sections in which insured and collect-on-delivery articles are mailed are authorized to pay indemnity claims arising from the loss, rifling, and injury of insured and unregistered collect-on-delivery articles mailed on and after July 1, 1922, and exchanged within and between the continental United States (including Alaska), Guam, Hawaii, Pago Pago, Samoa, Puerto Rico, and the Virgin Islands: Provided, That the Third Assistant Postmaster General may change the designated paying post office for any particular State or section whenever in his judgment such action is advisable or necessary. Any instructions for the execution of this regulation shall be obtained from the Third Assistant Postmaster General, Division of Registered Mails. (c) When an insured or collect-on-delivery article is lost, damaged, or rifled and claim for indemnity is made, the sender shall file an affidavit, which may be executed at a post office without cost, on Form 3812, showing contents of article, actual value, method of packing in claims involving damage, and to whom indemnity should be paid. The postmaster at the mailing office shall certify on Form 3812 as to mailing of article. The form shall then be forwarded to the postmaster at office of address, who, in loss claims, shall certify what record, if any, he has of the article. The addressee shall be required to make affidavit on Form 3812, showing whether the article has been received, or as to the articles missing, or condition, if rifled or damaged.

(d) When completed, the application shall be sent promptly to the proper paying postmaster or to the Third Assistant Postmaster General, Division of Registered Mails, as may be appropriate under existing instructions, for consideration of the payment of indemnity.

*For source citation, see note to $ 16.1.

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