New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-01


+ and shall be punished with fine of no
| more than five hundred dollars, with o
; without such imprisonment, as the couI
shall direct not exceeding eighteen calen
dar months. The Indictment, information
or complaint may severally charge ottense
to the number of three when committed
: within the same six calendar months; bu
| the court thereupon shall give single sen
tence, and and shall proportion the punish
ment especially to the degree in which thu
, abuse of the pnstoffice esta bliBhment enter
as an instrument into such traudulen
scheme and device.
SEC. 302. That all letters, packets, 'ol
other matter which may be seized or de
tanned for violation of law shall be returned
to the owner or sender Of the same, Or 9th
erwise disposed Of as the Postmaster Gen
erai may direct.
SEC. 1903 That all suits arising under the
postal laws, or the regulations of the Post
master General pursuant thereto, shall be
instituted in the name of the United States
of America, and the demands in such suits
shall have all the privileges and priOrities
in adjudication of payment secured by law
to other claims OF the United States.
SEC. 304. That all causes of action arising
under the postal laws may be sued, and all
offenders against the same may be prose-
cuted before the circuit or district courts OF
the United States.
SEC. t0UO. 1 IldU all causes OF dCbiOu arising
under the postal laws may be sued, and all
offenders against the same may be prose-
cuted before the justices Of the peace, magis-
| trates or other judicial courts of the several
States and Territories, having competent
jurisdiction by the laws thereof to the trial
of claims amt demands of as great value,
and Of prosecutions where the punishments
are of as great extent; and such justices,
magistrates or judiciary shall take cogniz-
! thnrnnf and nrpnnaH n ind Crmpnt and
execution as ID other cases.
! SEC. 306 That in all suits or causes arising
| under the postal laws the court shall pro-
coed TO trial and 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 one continuance, if on
| his statement the court shall deem it eXpe-
dent; and if said defendant shall make aft
! davit that he has q claim against the
Post0ffice Department, which has been sub.
mitted to and dis2llowed by the auditor for
said department, and shall specify such
claim in his affidavit, and that he could not
| be prepared for trial at such term for want
of evidence, the court being satisfied in
these respects, may grant continuance
until the next succeeding term.
SEC. 307. That no claim for a credit shall
be allowed upon the trial Of any suit for de-
inquency against a postmaster, contractor
or other officer, agent or employe of the
PostOthce Department, unless the same
shall have been presented to the auditor for
said department and by him disalIowed, in
whole or in part, unless it shall be proved,
to the satisfaction of the court, that the de-
PENDANT is, at the time of trial, i'll possession
of vouchers not before in his power to pro-
cure, and that he was prevented from ex-
hibiting to the said auditor claim for such
I 81 IL
Sec. 308 That in all suits for balances
due the Postoffice Department., interest
thereon shall be recovered from the time of
the default until payment at the rate. EFF six
per centum per annum.
Sec 309. That in the prosecution of any
suit for money due the Postotfice Depart
ment: the United States attorney shall obey
the directions which may be given him by
the Department of Justice; and immedi-
ately after the end of every term of any
court in which any suit has been pending,
said attorney shah forward to the Depart
menf Of Justice a statement of any judg-
ment or order made, or step taken in the
same, during such term, accompanied by a
certificate of the clerk, showing the par
ties to and amount of every such iudg
ment, with such other information as the
Department of Justice may require. And
the said attorney shall direct speedy and |
etfectual execution upon said Judgment, |
and the United States marshal to whom the |
same is directed shall make returns of the |
proceedings thereon to the Department of |
Justice at such times as it may direct.
SEC. 30. That when proceedings at law
for money due the POsUotfice Department |
shall be fruitless, the said Department of
Justice may direct the institution of a suit |
in chancery in any United States districtgor I
circuit court, to set aside fraudulent convey
ances or trusts, or attach debts due the de +
PENDANT, or obtain any other proper exercise
of the powers of equity to have satisfaction
of any judgment against such defendant.
SEC. 3l1. That in case of delinquency of
any postmaster, contractor, or other officer,
agent or employee of the Postoffice Depart
ment in which suit may be brought,
the Auditor for said Department shall for
ward to the Department of Justice certified
copies of all papers in his Office tending to
sustain the claim.
SEC. 312. That copies of the quarterly re-
turns of postmasters, and of any papers
pertaining to the accounts, in the office of
the Auditor for the Postotfice Department,
and transcripts from the money order ac-
count books of said Office, when certified by
he Auditor under the seal of his office, shall
De admitted as evidence in the courts of the
United States, both in criminal and civil
Eases.
SEC. 3l3 That in all suits for the recovery
" |
July certified under the seal Of the Auditor
or the Postotice Department. of the state
nent Of any postmaster, special agent, or
ther person employed by the Postmaster
General or the Auditor Tor that purpose,
hat he has mailed a letter to such
delinquent postmaster at the postoffice
7here the indebtedness accrued, or at
is last usual place of above; that
sufficient time has elapsed for said {
9tter to have reached its destination in the
rdinary course of the mail: and that pay s
rent of such balance has not been received |
'ithtn the time designated in his instruc- {
ons, shall be received as sufficient evil c
ence IN the courts of the United States, or I
Their courts, that demand has been made L
pom the delinquent postmaster; but when b
he account of q late postmaster has been | t
nee adjusted and settled, and demand t
as been made for the balance appearing to s
9 DUE and afterward allowances are made u
credits entered, it shall not be necessary 6
make further demand for the new bal r
ace found to be due. q
Sec. 314 That the Postmaster General Il
ay discharge from imprisonment any per-
N confined in Jail on any Judgment in A
vii case, obtained in behalf of the De-
trtment, if it be made to appear that the A
9fendant has no property of any descrip-
On; but such release shall not bar subse-.
lent execution against the property of the
3fendant on the same judgment. A
SEC. 3!5. That in all cases where a judg-
ent shall have been obtained for a debt
damages due the Postofice Department., A
I'd it shall satisfactorily appear that such
dgment, or so much thereof as remains A
lpaid can not be collected by due process
law, the Auditor for the said Depart A
ent may, with the written consent of the