Anon — 1 Hill & Den. 217

Majority

p. 217

Anon.

Headnote

Service of papers through the post office, under rule 4th, of May term, 1840, is ineffectual, unless the entire postage legally chargeable thereon be paid. So held, where the person mailing them paid as for a double letter, that being all the postmaster demanded, though treble postage was the legal charge; and the postmaster at the office to which the letter was directed, corrected the charge, and demanded the balance, in consequence of which the attorney for whom they were intended refused to take them out.

If the papers are properly mailed, the attorney to whom they are sent takes the risk of all accidents. '

It is not enough, however, that the papers are directed to the attorney; they must be enclosed in a wrapper, &e.

Service of papers by mail. The papers were deposited in the post office, and postage paid as for a double letter, which was all that the postmaster demanded; though treble postage should have been paid. The postmaster at the office to which the letter was directed marked it undercharged, and demanded the balance of postage from the attorney to whom it was directed; in consequence of which the attorney refused to ■ take it out of the office, and a default was entered. On a motion to set aside the default, the question was, whether the service was good under the 4th rule of Hay term, 1840. (22 Wendell, 644.)

The service was insufficient. The letter failed to reach the attorney to whom it was directed, in consequence of the omission to pay all the postage legally chargeable upon it. When the papers are properly mailed, the attorney to whom they are sent takes all the risk of accidents. We ought not to subject him to any further burden. He is not obliged to take the papers from the office charged with postage. The attorney who sends the papers must pay all the postage that can be legally demanded, or take the hazard of their not being received in consequence of Ms omission.

p. 218

In another case, the papers were directed to the attorney, but were not enclosed in a wrapper, as the rule requires, in consequence of which they were received in a soiled and damaged condition.

The service was not sufficient The rule must be strictly complied with.