Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-02-28


ers against the same may be prosecuted. bsfor.
tho circuit or district courts Of the ~ nite(
States. ,....,, -, .t f....-.-sr,..
Sec. Ss0. That all causes of action arising
under the postal laws may be sued. and all OF
tenders against the same may be prosecuted, DO
fore the: justices of the peace, magistrates. Of
other judicial courts Of the several stsfes and
Territories having Competent Jurisdiction by
the laws thereof, to the trial of claims and de-
mands of as great value, and Of prosecutions
where the punishments are of as great extent;
and such Justices, magistrates, of judiciary
shall take eognizance thereof, and proceed 70
Judgment and execution as in other cases. -,1 =;
Sec oOS. That in all suits or couses arising un;
der the postal laws the court shall proceed 70
j trial and render judgment the frst 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 continu-
anoe, if on his statement The court shall deem
it expedient; and if said defendant shall make
afadsvit that he has claim against the Post.
to and ydisallowed by the Department, and
shall specify such claim in his affidavit, and
that he could not be prepared for trial at such
term fer want OF evidence, the court, being sat.
isaed IN these respects. may grant Q continu'
f,ance until the next succeeding term. ,.i5 T9.g
Sec. S07. That no claimant Tor q credit shall
be allowed upon the trial Of any suit for ldelin-
queney against q postmaster, contractor, or 9TH
er officer, agent, or employees Of the Post Office
department, unless tho came shall have been
presented to the Auditor far said Department
amp by him disallowed, in whole or in part, IN
less it shall be proved to the satisfaction Of the
court, that the defendant is, at the time of trial.
In possession Of vouchers not before in his pow.
er to procure and that he was prevented from
exhibiting to the said Auditor q claim for such
credit By some unavoidable accident -
Sec. S08. That in all suits for balance due the
Post Office Department, interest thereon shall
be recovered from the time of the default until
payment Of the rate of six par centum per an
mum .s~- 80 $3.50. ~, -
Sec. 500. That in the prosecution Of any suit
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 curt in which any suit has
been pending, said attorney shail forward to the
Department of Justice statement Of judgment
or order made, or step taken in the same, DUR
in. such term, accompanied by certificate Of
the clerk. showing Information as the Depart
ment Of Justice may require. And the said at
torney shall direct speedy and efectual exscu.
ton upon said Judgment, and the U nited 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. 3d. That when proceeding at law for
money due the Post Office Department shall be
fruitless, the said Department. of Justice may
direct the institution of suit in chancery in
any United States district or circuit court, to
set aside fraudulent conveyance5 or trusts, or at
tach debts due the defendant, or obtain any 9TH
er proper exercise of the powers of equity to
have satisfaction Of any judgment against such
defendant. -s-5.gs. -.E 5E s-.1.C-
See, 81l Tha: in case of dslinquencyaof any
nffieaq
or employee Of the Post Office Department, in
which salt may be brought, the Auditor for said
Department shall forward to the Department of
Justice certified copies of all papars in his Of
fee tending to sustain the claim. q
Sec. 312. That copies Of the quarterly returns
OF postmasters and of any papers pertaining to
the accounts. in the Office Of the Auditor for the
Post Office Department, and transcripts from
the money order account books OF said Office,
when certified BY tho Auditor under the seal OF
The courts of the United State, both in crinli-
nal and civil casee. s-t -
Soc. S13 That in all suit. for the recovery of
balances due from postnlasters, q copy, duly
certified under the seal of the Auditor for the
Post Office Department, fthe statement of any
postmaster, special agent, or other person en-
ployed by the Postmaster General or the Au-
ditor for that purpose, tina. he has mailed let
ter 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 have reached its
destination in the ordinary course of the mail;
and that payment Of such balance has not been
received within the time designated in his in
structions, shall be received as sufficient evil
1snce in the courts Of the United States, or
other courts, that demand has been made up
on the delinquent postmaster; but when the ac-
count Of . late postmaster has been once ad-
usted and settled, and adenand has been made
Tor the balance appearing to be due, and after
ward allowances are made or credits entered, it
shall not be necessary to make further demand
for the new balance fundlto be due. IA Hs70
Sec. 3l4 That the Postmaster General may
discharge from Imprisonment any person con-
lined in jail on any judgment in q civil case,
obtained in behalf of the Department, if il be
made to appear that the defendant has no prop
,rty Of any description; but such release shall |
property of the defendant on the same judg-
nent. -" I'D .a1 |
Sec. Sl5. That in all cases where Judgment |
hall have been obtained for debt or damages |
lue the Post Office Department. and it shall |
appear that such judgment. Or |
10 much thereof as remains unpaid, can not be !
collected by due process of law, the Auditor for
he said Department may, with the written con- !
ent of the Postmaster General, compromise |
UGH judgment, and accept in satisfaction less |
han tho full amount thereof
um Of money BY way Of damages or Otherwise, |
lnder any provision OF law in relation to the
,ficers, employees, operations, or business Of
he postal service, the Postmaster General may |
,rescribe such general rules and modes Of pro-
seeding as shall appear TO be expedient, for the
government of the Auditor for the Post Office |
Department, in ascertaining the fact in each
,ase in which said Auditor shall certify to him
hat the interests Of the Department probably
equire the exercise of the poper conferred by |
his and the preceding section and upon the
act being ascartained, said Auditor may, with
he written consent of the Postmaster General,
Mitigate or remit such fine, penalty, or forfeit
ire, remove such disability, or compromise, |
elease, or discharge such claim for. such sum |
# money and damages, and on such terms az /
he said Auditor shall deem just and e1pedi-
mt. ~ +L.-. soy 0il.ft. = ~ -5.ti -ii
Sec. 81. That one-half of all pecuniary pcn-
lilies and forfeitures incurred for the violation
If any Law in relation to the postal service shall
% for the use of the person informing and pros
,cuting for the same, and the other for the use
II the United States. except where other diapo-
ition thereof is specially provided. !
Sec. 49,, That in all cases where debts are
lue from defauiting or delinquent postmasters,