The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-09-28
OFFICIAL.
r Avs OF THE UNITED STATES PASSED
IL AT THE SECOND SESSION OF THE
FORTY SECOND CONGRESS.

GENERAL NArURR-No. u.s.
AN ACT TO revise, consolidate, and amend the
statutes relating to the Post-Oiiiee Depart
lnent
SBG. SOL. That if any person having devised or
intended to devise any scheme or artiflce to de-
fraud. or be effected by either opening or intend.
ing to open correspondence or communication
with ANY othrr person (wether resident within
outside of the United States,) by means of
the rost.oice establishment Of the United
States, or by melting such other person to open
communicate II with the person SO dcvsing or
intending, shall, in and for executing such
scheme artitice, Tor attempting so TO do) place
any letter or packet in any post office Of the
United States. or take OF receive any therefrom,
such person, so misusnS the post-ofiice establish
ment shall be guilty of Il misuenleanor, and
shalt be punished with Il fine of not more than
five hundred dollars, with or without such i'm
prisonment, as the court shall direct not exceed
ing eighteen calendar months. The indictment,
information or complaint may severally charge
oHenses to the number of three when committed
within the same six calendar months but the
court thereupon shall give single sentence, and
shall propertion the punishment especially to
the degree in which thr abuse of the post
office establishment enters an instrument into
such fraudulent scheme or device.
SEC. 3o2. That all letters, packets, or other
matter which may be seized or detained for yio-
laton of law shall be returned to the owner or
sender of the same, otherwise disposed of as
the Postmaster General may direct.
SIC. 3US That all suits arising under the postal
laws or the regulations of the Postmaster Cen
eral pursuant thereto, shall be instituted in the
name of the United States of America. and the
demands in such suits shall have all the privi-
leges and priorities in adjudication and pay
me,t secured by law 10 other claims OF the
United States.
SEC 304. That all causes Of action arising I'M
der the postal laws may be sued, and all offend
ers against the same may be prosecuted, before
the circuit or district courts of the United
States.
do Ia rpStal laws be sued, and all Offends
ers against the same may be prosecuted, before
the justices of the peace magistrates, or other
judicial courts of the several states and Terri
tories having competent jurisdiction by the laws
thereof to the trial OF claims and demands oil as
great value, and Of prosecutions where the pun
ishments are of as great extent and such lush-
ces, magistrates, or judiciary shall take cogni.
1ance thereof, and proceed TO judgment ana exc
cuuon as in other cases.
SEC. 3o6 That in all suits or causes arising I'M
der the 30 tai laws the court shall proceed TO
trial ard render judgment the FIRST term after
commencement OF suit; but whenever service OF
process shall not be made at least twenty days
previous to the return day OF such term, the
defendant shall be entitled TO con tinuance, If
on his statement the court shall deem 1t expedi-
emit and If said defendant shall make all
dayit that he has claim against the Post
Office Department, which has been submitted to
and dsallowed by the auditor OF said Depart
ment and shalt specify such claim in his attl-
dayt and that he could not be prepared for
trial at such term for want Of evidence, the
court beHg SAL fled in these respects, may grant
a contin nanco until the next succeeding te m.
SEC 3O7. That clnim for q credit shall be
allowed upon the trial OF any suit for delinquen-
CT against q postmaster, contractor, or other
officer agent, or employee of the PoSt-Ohtce De-
partment, unless the same shall have been pre-,
sented to the Auditor for said Depirtm n an
by him disailo1ed. in whole or in part, unle s
il shall be proved to the Of the cour
that the defendant Is, at the time OF trial. in po'"
| session of vouchers not before in his power to
| procure and that he was prevented from exhib.
| ing to the said Auditor claim for such credit
| by some unavodab bic accident.
Sac 3Os, That in all suits for balances due the
| Post-Oflce Department, interest thereon shall
| nc recovered from the time OF the default until
| payment at the ratio OF six per centum per an
mum. .
SIC 400 That in the prosecution OF any suit
| for money due the Post Office Department, the
| United States attorney shall obey the directions
which may be given him by the Department OF
Justice: and Immediately after the end OF every
| term of any court In which any SUIT has been
| pending said at orney shall forward to the De
partment of Justice a statement OF any 1nds-
| Inent or order made, or step taken in the same
during such term, accompanied by certlncate
| of the clerk, showing the parties 10 and amount
| Of every such judgment, with snch other infor
nation rs the Department of Justice may re-
uuire And the said attorney shall direct
| speedy aud eiieatual execution upon sail Judg-
| ment, and the United states marshal 10 ~hI IN
| the si.me is directed shall make returns OF the
| proceedings thereon 10 the Department of Jus
| lice at such times as it may direct.
| SEC $40. That when proceedings at law fol
| money due the PQSt-OIlee department Snail w
| fruitless, the said Department of JUS tice may
direct the institution of Il suit in chancery in any
| United States district or circuit court, 10 Sc
| aside fraudulent conyeyances OF trusts, or AZ
| tach debts due the defendant, or obtain any 9th
| er proper exercise of the powers OF equity u
have satisfaction Of any judgment against s"ci
| defendant.
| SEJ 3ll That in case of delinquency OF any
| postmaster contractor or other officer, agent, o.
employee Of the Poat-Office Department,
which suit may be brought, the Auditor for salt
| Eat ,ta,ltN Inn Hama tina mi n
Justice certified copies OF all papers in his Ollie
| tending to sustain the claim.
| SEC 3l2 That copies of the quarterly leturn
of postmasters, and OF any papers pertain erta!n, ~
the Post-Uffics Department, and transcript
from the money-order account, books OF sal
office, when certified by the Auditor under tn
SCI Of his office, shall be admitted as evideac
in the courts of the United States both in Grim
nal and civil cases.
SEC. sl3. That in all suits for the recovery c
balances due from pos tmasters, copy duly Gel
titled under the seal Of the Auditor for tn
Post Office department of the statement of an
postmaster, special agcat, or other person elr
| ployed by the Postmaster General or tn
Auditor for that purpose, that he has mailed
| letter to such delinquent postmaster at the pos
| office whele the indt btedness accrued, OF at h
last usual pl zee OF aponei that soIncieht UNI
| has elapsed for said letter 10 have reached l.
| destination III the ordinary course OF the ma
and that payment of such balance has rot bee
received within the time designated in his IL
, | structions shall be received sufficient ey
dence in the courts of the United States or otht
courts, that demand has been made upon II
I delinquent postmaster; but when the account
a late postmaster has been once adjusted an
settled and q demand has been made for the ba
ance appearing 10 be due, and atterward ALLOW
| ances are made or credits entered, 1t shall N
: | be necessary to make further demand Tor II
| new balance found 10 be due.
SEC sl4. That the Postmaster General ma
discharge from impris onment any person co
S fined in jail any Judgement ia a civil cas-
I abtut i'm ohaI nf m
= | made to appear that the defendant has no pro
erty of any description; but such releate shf
n | not bar subsequent execution against the pro
| erty of the defendant on the same Judgment.
:, | SIC 9lh That In all cases Whera a indrme