The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-09-28

'nuCH IIeTPOl Us It1flulDS unpaid, cullHOt col
i,cted by due process Of law the Auti tor for tie
said department may. with the written consent
| or the Postmaster General, comrromise su
! Judgment, and accent satisfaction less than
| the full amount thereof.
SEC SIG. That 10 ali cases of fine, penalty 70 .
feture. disability, alleged liability for AZ
sum Of money by way OF damages otherwise,
under any provision of law in relation TO The
officers, employees operations, or business 9th.
| postal service, the postmaster General may pre-
scribe such general rules and modes of proceed
ing as shall appear TO be eXpedient for the gov.
eminent of the Auditor for the Po3t-Offlce lie.
partment in ascertaining the fact in each case in
which said Auditor shall certify 10 hum that The
interests OF the Department pIobaby require
the exercise Of the power conferred by this and
the preceding section; and upon the fact being
ascertained, said Auditor may, with tho written
consent of the Postmaster General, mitigate OF
| REMIT u Ii fine, penalty, or forfeiture, remove
such disability, or compromise, release, or dis
charge such claim for such sum OF money and
d images, and on such terms as the SAID Auditor
shall deem just and expedient.
SIC. Sl7. That onehalf of all pecunlary penal
ties and forfeitues incurred for tho violation OF
any law in relation to the postal service shall be
tor the use of the person inf 'rming and prose
cutting for the same, and the other for the use Of
the United States, except where other disposition
thereof is specially provided
SEC. SIS. That in all easeS where debts are due
from defaulting or delinquent postmasters, con-
tractors, or other officers, agents, or employees of
tho Post-Office Department warrant of at
tachment may issue aga INST all real and pers onal
property and legal and equitable rights belong
Ing to such officer, agent, OF employee, and his
suretes, or either of them, III the following
cases:
First When such officer. agent. or employee.
and his sureties or either Of them, Is O nOn-resi-
dent of the district where such officer, agent, or
employee was appointed, or has departed from
such district for the purpose Of permanently re
siding out of tho same, or of defrauding the
United States, or of avoiding the servlcs Of civil
process.
Second When such officer agent or employee,
and his sureties or either OF them, has conveyed
away, or Is about to convey away, his property,
or any part thereof, or has removed, or Is about
to remove, the same, or anv part thereof, from
the district wherein it is situated with intent to
defraud. the United States.
And when any such property has been re-
moved, certified pies of the warrant may be
sent to the marshal of the district into which
the same has been removes, under which oertt.
fled copies he may seize said property and con-
yey 1t to some convenient point within the juris-
dict ion of the court from which the warrant
originally issued. And alias warrants may DO
issued in such cases upon due application, and
the validity of the warrant first issued shall con-
tinue until the reLurn-day thereof
ESBC. Sl9. That application ftrsich warrant OF
attachment may be made by ally district or as
sistant district attorn'y, or by any other person
authorized by the Postmaster General, before
the Judge, Or in his absence, before the clerk Of
any court of the United States having original
jurisdiction Of the cause of action. And such ap-
picaton shall be made upon affidavit OF the ap-
plicant or some other credible person, stating
the existence of either of the grounds " attach
ment enum, r tteo in the pr eceding section, and
spon production Of legal e,idence Of the debt.
SIC. 500. That upon any such application, ana
upon due order of any judge of the court, or, in
his absence, without such order, the clerk shall
issue a warrant for the attachment of all the
property Of any kind belonging to the person
specified in the affidavit, which warrant shall be
executed with all possible dispatch by the mar
shall, who shall take the property attached, II
personal, into his custody, and hold the same
1,tkJ iI.in tyr
court.
SEC. 32l. That any TIM within twenty days
before the return.day of such warrant, the
party whose property is attached may, on giving
notice to the district attorney of his intention,
file IL plea in abatement, traversing the alleys.
lions of the affidavit, or denying tho ownership
or either OF them, in which case the court may,
upoa application OF either party, order an imme-
date trial by jury of the issues raised by the
affidavit and plea; but the parties may, by CON
sent, waive a trial by jury, in which case the
court shall decide the ISSUES raised. ANY party
claiming ownership of the property attached,
and specific return thereof, shall be confined
to the remedy herein afforded, but his right to an
&C lion of trespass, or other action for damages,
shall not be impaired hereby.
SEC 322. That when the property attached
shall be sold on an interlocutory order OF the
court, or when it shall be producing any revenue,
the money arising from such sale or revenue
shall be invested in securities Of the United
States, under the order of the court, and
of the same.
SEC 1928. That Immediately upon the execution
of any such warrant OF attachment, the mar
shall shall cause due publication thereof TO be
made, in case of absconding debtors for two
mouths and of non-residents for four months
The publication shall be made in some newfs
paper published in the district where the prop
erty is situate, and the details thereof shall be
regulated by the order under which the warrant
Is issued.
SEC. 1924. That after the first publication of
such notice of attachment as required by law,
every person indebted to- Of hlIi u po session OF
any property belonging 10, the SAID defendants,
or either Of them, and having knowledge OF such
notice, shall account and answer for the amount
of such debt, and the value OF such property
and any disposal or attempt to dispose OF any
such property, to the injury of tie Tn ID States;
indebted to, or having possession of The property
of, such defendants, or either of them, shall be
known to the district attorney or marshal. such
officer shall see that personal notice or tho at
tachment is served upon such person. but the
want of such notice shall moi inyalidate the At
tachment.
SEC. 1926. That upon application OF the party
whose property has been attached, the court, or
any Judge thereof may discharge the warrant OF
attachment rs to the property OF the applicant.
p divided such applic Mt shall ext eut' 10 T.
United States a good and sufficient penal bond
in double the value OF the property attached to
be approved by Il judge Of the court, and with
condition for tbs return Of said property or 10
answer any judgment which may be rendered
by the court in the premises .
SEC. s25. That nothing herein contained snail
be construed to limit or abridge, in any manner,
such rights of the United States as have accrued
or been allowed in any district under the former
practice Of or the adoption of State laws by,
The United States courts.
ITO be Continued