Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-10-03

piace upon the salO process OF execution
See. 10, act Of 1888.
Sections 81 and - of act Of March 3, IS25.
contain prior provisions on this subject. See Nos
le3 and Isl, above.
Sec. lo9. And BE- 1t further enacted. That
the Auditor for the Post Office Department
shall adjust and Settle all balances due from
postmasters on eecount Of transactions prior 10
the first day Of July, eighteen hundred and
thirty-six. lie shall, when necessary, insti-
tute suits for the same, and cause them to be
efectuaily prosecuted 10 judgment and execu-
ton; and in cases in which proceedings at law
tor these or any ether balances that are or
may become due on account of the Post Office
Department, have been or shall be fruitless
may direct the institution of suits in chancery,
to set aside fraudulent conveyances or trusts,
or attach debts due 10 the defendants or OBJ
tain any other proper exercise Of the powers
OF equity, TO have satisfaction of the said iudg-
ments; and the courts Of the United States, sit
ting IN chanccry, shall have jurisdiction to en-
terrain such bills, and make such decrees and
orders thereupon as may be consonant 10 the
| principles and usages of equity. The said
Auditor shall report TO the Postmaster Gener-
al, to be 10y him submitted 10 Congress at its
next annual session, statement of all the bal
ances and debts due to the Post Office Depart
ment as aforesaid, by the late postmaSters
| showing, In each case, the name aud office of
| the principal debtor, the names Of the sure
tee, ifany, the amount of the debt the time
| at which il accrued, the steps taken TO collect
! the same, and whether they have been sue
| cesS:ul or not. The said statement shall also
| classify such of the said balances az may then
| remain due, into such rs are considered col
| lectabie, and such as are not, with the whole
| amount Of each class Sec. Is, act OflS36
See. 100. ARd be Il further enactei, That
| the Auditor for the Post Office Department, or
any mayor of city, justice of the peace, OF
judge of any court of record in the United
States, by him especially designated, shall be
authorized % administer Oaths and afirme-
| tons, in relation to the examination and get
| tlement of the accounts committed to his
| charge; and If any person shall knowingly
swear or affirm falsely, touching the expendi-
lures OF the Post Office Department, or in rela.
tion 20 any account Ca, or claim against, or in
favor Of, the said Department, he or she shall
upon conviction thereof suffer as for wilful and
corrupt perjury. SEC. -, act of 1886
Sec. 1871 InG be it fDrtker enacted, That
all pccuniary penalties and forfeitures in
Cured under this act shall be one half for the
use Of the person OK persons informing and
prosecuting for the same, and the other half
| to the use Of the United States, aud shall be
! paid over to the Postmaster General. and ac-
counted for by him as other moneys Of the
Department.; and all causes of action arising
| under this act may be sued. and all offenders
against this act may be prosecuted, before tho
Justices OF the peace, magistrates, or other ju-
dicial courts Of the several States and of the
several Territories Of the United States they
| having competent jurisiistion, by the laws Of
such States or Territories 10 the trial Of claims
| and demands Of as great value. and of the
| prosecutions, where the punishments are If as
| great extent; and such justices, magistrates,
OF Judiciary, shall take cognizarce thereof
| and proceed to judgment and execution. as in
| other cases. Sec. il, oct Of AarcA 3, IS45
Sec. 1872 ant be az JHrtheT eaacted. That
IL all cases of fine, penalty, forfeiture, or dis
ability, or alleged liability fO- any sun or
sums of money, by way 81 damages or otLur-
wise. under any provision Of law relating TO
| the Post OiIcc Department, or the officers
operations, or business thereof the postiaa ster
| General shall be and be is hereby authorized
| to prescribe such general rules AMI moic Of
| proceeding a. shall 10 him appear cxpediG4t
| tor tic government Of the Auditor OF ths Post
OIhcc Department, in aScerteining the facts in
! each case in which il shall be certified to him
by such Auditor that the interests g: the De-
par;ment probably require the exercise u tho
power conferred by this act; and upon the
facts being ascertained as aforesaid. tue said
auditor snail have power, with the writtea
consent OK the Postmaster Gen oral t. mitigate
or remit SVch fine, penalty, Cr forfeiture, re-
| move such disability, and to compromise, re-
lease, and discharge such claims for such sum
Va - L. my "iic aiildScS, On sucn terms
as tie Sdli AutltOr S1aI Gyem Just and eype-
dient; AMI that in all cases where iudgmtu ut
shall have been obtained fur dobt OF dam
ages due the Post Office Department, ard l.
shaA s2tlI ictoIliy appear. by the return Of
execution or otherwise. that Sc ulgment. or
| so nUch thereof rs remain unpaid, cannot lie
collected by due process OF law, tho said Audi
| tor shall be and he is hereby authorized, with
the written consent 0f the poStm ster General
to compromise such iu lgmeHt, and accept, in
| satisfaction thereof, less than the amount of
such Judgment: T.0ridcL, That the power
conferred by this section shall not extend to
any ease of fine, penalty. forfeiture, disabili-
ty, alleged liability, or claim which shall bs
incurred, accrue, or arise, subsequent to the
passage Of this act; or TO any judgment OBJ
tainel after the passage thereof See 3, act
Of 81 March, 1851.
TO Be Continued