The Portland daily press., 1873-01-17

W ueeined guilty OF felony, and shall DO I'M
prisoned for not loss than year nor uiore than
three ysars.
SEC: 2ss. That II any person not employed In any
4SParm OF the post-ofiHe establishment of the
United States shall commit any of The offsnsos de-
scrDed IN the preceding section, every such person
on GomVc H thereof be deemed guilty Of
not less than six months more thai, one wear or
by fine of not less than one hundred dollars nor
more than five hundred dollars, for each ofense or
by both such line and Imprisonment in the discretion
of the court.
SEC. 300 That the Postmaster General of the
Uni ed States may empower, by letter Of authoriza
ZION under bis hand to be filed among the records Of
his Department any special agent other officer Of
the post-ofice establishment to make searches for
mailable matter transported in violation of law; and
that the agent or officer authorized may open and
search any car or vehicle passing or lately before
having l passed. nom any Place at which there is
place, and any box. package, or packe being, or
lately before hayin been in such vehicle, and
any store or house (other than dwelling housed used
or occupied by any common-carrier or TRANSPORTATION
company in which such box, package, or packet may
De contained whenever said agent or officer has
trary to law may therein b. found.
SEC. 800. That the Postmaster General may upon
evidence satisfactory to him that any person firm or
corporation is engaged in conducting any fraudulent
lottery gift enterprise, scheme for the distribution
money or any real or personal property. by lot
oaer scheme or device for obtaining money through
renr mans 6y means of false fraudulent preteuses
aep,o entatons, or PROMISES forbid the PAYMENT by
any postmaster to any such nerson nrm or - oro 20
non OF any postal IA ,ney order drawn ia The prd
-egula ions tor the return to III. rg niuviue uy
sums named in such money orders AMI az p .Ie
master General may also, upon like evidanoa ' 90
sruct postmasters at any post fices at WIN IN
tered letters shall arrive directed to any such persn
arm, corporation, to return all such registered let
rers to the potmasters at the Offices at which they
we're originally mailed, with the word 'fraudu ent''
plainly written or stamped upon the outside Of said
letters and all such letters returned to such post
masters shall be by them returned to the writer's
thereof, under such regulations as the Postmaster
General may prescribe: Provided, That nothing In
This act contained shall be construed to autho
rze any postmaster or other person to open any let
ter not addressed to himself
SEC. 30l. That if any person having devised or
be effected be either opening or intending to open
correspondent e or communication with any other
person, whether resilient within outside of the
United States by means of the post-otice establish
ment of the United States or by melting such other
person to open communication with the person so de-
visng or inteniing, shall in and for executing such
scheme or artifce Tor attempting to do) place any
etter or packet In any postoce ofthe United States
OF take or receive any therefom such person. mis-
msdemeanor, and shall be punished with fine of
not more than five hundred dollars, with or without
such imprisonment, as the court shall direct not
:eeiing eighteen calen lar months. The Indictment,
Information, or complaint may severally charge of
enses to the number of three when committed Within
the same SIX calendar months; but the court there
upon shall give single sentence ana shall nronor
lion the punishment especially to the degree in which
he abuse of the postoice establishment cutters as an
instrument into such fraudulent scheme and de-
vice.
SEC. so2. That all letters, packets or other mat
ter which may be seized detained for violation of
law shall be returned to the owner sender of the
sle, otherwise disposed of as the Postmaster Gen.
eral may direct.
SEC. 500. That all suits arising under the postal
laws, or the regulations of the Postmaster General
pursuant thereto, shall be instituted in the OF
the United States of America, and the demands in
such suits shall have all the privileges and priorities
adjudication and payn ent secured by law to ether
claims of the United States
SEC. 304 That ali nf or;si ,r,dar
the postal laws may be sued, and all offenders against
the same may be prosecuted. before the circuit or
district courts of the United States.
SEC. $685. hat all causes of action arising under
the postal laws may be sued, and all offenders against
me same may ne prose Mted before the justices OF
several States and Territories having competent
Jurisdiction by the laws thereof to the trial OF claims
and demands Of as great value, and of prosecutions
where the punishments are of great extent; and
such justices, magistrates, or judiciary shall take
eonizance thereof and proceed to Judgment and ex-
ecutfon as in other cases.
Sec. $685. That in all suits or causes arising under
the postal laws the court shall pro- eed to trial and
render judgment the first term after commencement
of snt; but whenever service Of process shall not be
made at least twenty days previous to the retlrn-day
Of such term, the defendant shall be entitled to one
continuance if Oh his statement the court shall deem
it expedient; and If said detendnt shall make affi-
lavit that he has Claim against the Post-Ofice De-
partment, which has been submitted to and disal-
oN ed 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 evil
ence, the court, being satisfied in these respects
may grant continuance until the next succeeding
term.
SEC. 307. That no claim for credit shall be allow
ed upon the trial of any suit for delinquency against
postmaster. contractor or other officer. agent or
employee of the Post-Ofice Department, unless the
same shall have been presented to the Auditor for
said Department and by him disalowel, in whole or
in part unless 1t shall be proved to the satisfaction
of the court that the defendant Is at the time otra
in possession OF vouchers not before In his ,wer to
procure, and that he was prevented from exhibiting
to the said Auditor claim for such credit by some
SEC 30s. That in all suits for balances due the
Post-Ofce Department, interest thereon shall be re-
covered from the time OF the deault until payment
the rate of six per eentum per annum.
SEC 3oS. 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 i'm
lately after the end of every term of any court in
forward to the Department of Justice staten mt of
any judgment or order made, step taken in the
same during such term, accompanied BY certificate
every such Judgment. with such other information as
the Department of Justice may require. And the
said attorney shall direct speedy and etectual
marshal to whom the same is directed shall make
returns of tho proceedings thereon to he Department
OF Justice at such times as 1t may direct.
Sec. $40. That when proceedings at law for money
due the Post-0iee Department shall be fruitless the
sod Depar ment of Justice may direct the institution
of suit In chancery in any United States district or
circuit court to set aside fraudulent conveyances or
trusts or attach debs due the defendant, OBTAIN
any other proper exercise of the powers of equity
have satisfaction of any Judgement against such de-
fendant.
SEC. 311. That in case of delinquency of any post.
master, contractor other officer, agent, or en-
poyee of the Post-Ofice Department, in which suit
may be brought the Auditor for said Department
shall forward to the Department OF Justice flied
copies of all papers his office tending to sustain the
claim.
SEC. S21. That copies of the quarterly returns of
postmasters and of any papers pertaining to the ac-
counts in the Office of the Auditor for the Post-Oce
Department. and tr nscripts from the money-order
account-books of said otftce, when certified by the
Auditor under the seal of his Office shall be admitted
lence in the courts of the United States both in
criminal and civil cases.
SEC. 3i3. That in all suits for the recovery of
balances due from postmasters copy duly certified
under the seal of the Auditor for the Post Office De-
partment Of the statement of any postmaster special
agent, other person employed by the Postmaster
General the Auditor for that purpose that he has
mailed letter to such delinquent postmaster at the
post office where the Indebtedness accrued or at his
last usual place Of abode that sufficient time has
elapsed for said letter to hve reached its
of such balance has not been received viii hin The Time
designated in his instructions, shall be received as
sufficient eviden In the courts of the United States
or other courts, that demand has been made upon
the delinquent postmaster but when the account Of
late postmaster has been once adjusted and settled
and demand has been made for the balance appear,
ing to be DUE and afterward allowances are made or
credits entered, ii shall not be necessary to MAKE n
further demand for the new balance found 10 To
due.
SEC. 3l3. That the Postmaster General NAV dis
chaI &c from Imprisonment any person confined in
jail on any judgment in civil ca e, obtained in be-
half of the Department, If it be made to appear
that the defend mt has property of any descrp-
ton but such release shall not bar ubsequent ex
ecution against the property of the defendant on the
same judgment. 80 =
SEC. al. That in all cases where judgment shall
have been Obtained for debt or damages due the
Post Office Department, and it shall satisfactorily
appear that such judgment much thereof as re-
mains unpaid cannot be collected by due pro ess of
law, the Auditor for the said Department NAV with
tn. written consent of the Postmaster General COM
promise such judgment, and accept In satisfaction
less thin the full amount thereof.
SEC. 3l6. That in all cases of fine, penalty for
feture or disability, or eged liability for any sum
| OF money by way of damages or otherwise under
any provision OF law in relation to tie officers
poyees operations business of the postal service
the 20 tmaster ne al may prescribe such eneral
rules and modes OF proceeding shall ar pear to be
expe lent for the government of the Auditor Tor the
each case in which said Auditor shall certify to him
that the Interests of The Department prob bly, re-
| qure the exercise of the power conferred by this
and the preceding section and upon the fact being
aseertained said Auditor may with the written con-
sent of the Postmaster General, nit cat or remit
such fine, penalty OF forfeiture remove such dsabil
ity, compromise, release, discharge such claim
I for such sum Of money and damages and on such
terms the said Auditor shall deem Just and expe-
dent.
SEC. 3i7. That one-half of all pecuniary penal-
ati and forfeitures incurred for the violation of
any law in relation to the postal service shall be for
the of the person informing and prosecuting for
the same, and the other for the use of the United
States, except where other dispo ition thereof is
specially provided.
SEC. 3l8. at in all cases where debts are due