Vermont farmer. [volume] (Newport, Orleans County, Vt.) 1870-1877, 1873-04-25

SEC. 90j. That all causes Of action arising under the
postal laws may be sued, and all Offenders against the
same may be prosecuted, before tho iustces Of the
peace magistrates or other judicial courts Of the seve
raj States and Territories, having competent jursdio
ton by the laws thereof 20 the trial OF claims and de-
mands Of great value and Of prosecutions whore the
punishments Of as great eXtent, and such Justices
magistrates Judiciary shall take cognizance thereof
and proceed TO Judgment and execution as in other
| cases.
postal laws the court shall proceed TO trial and render
judgment the FIRST term alter commencement Of suit
but whenever service Of process shall not be made at
term the defendant shall be entitled TO one eontlnu
ance IL on his statement the court shall deem y sxpe
no has a claim against the Postoilco Department,
which has been submitted to and disalowod BY tho
claim in h adavit and that he could not be prepared
for trial at such term for want Of evidence the court
ance until the next succeeding term
SEC. sO7. That no claim for credit shall be allowed
postmasor contractor or other officer agent or en-
ployeo Of the Post-oice Department unless the same
partment and by him, disaowed, in whole or in part
unless IT shall DO proved, to tho satisfaction Of the
session Of vouchers not before in his power procure
and that no was prevented from exhibiting to the said
auditor a claim for such credit by some unavoidable
| accident.
SEC. 3Os. That in all suits for balances due the Post
office Department interest thereon shall be recovered
from the time Of the default until payment at the rate
| Of six per eentum por annum.
SEC. 800. That In tho prosecution Of any suit for
money due the Postofce Department, tho United
States attorney shall obey the directions which may
| be given him by the Department Of Justice and i'm
mediatey alter the end of every term Of any court in
which suit has been pending, said attorney shall
forward TO tho Department Of Justice statement Of
any Judgment or order made step taken in the same
during such term, accompanied by certificate OF the
judgment with such other Information as the Depart
ment Of Justice may require And the said attorney
Judgment and tho United States marshal 10 whom the
is directed shall mako returns Of tho proceedings
thereon TO tho Department Of Justice at such times as
SEC. $40, That when proceedings at law for money
due to the Postoco Department shall be fruitess the
said Department Of Justice may direct the institution
Of suit in chancery in any United States district or
trusts attach debts due the defendant or obtain
any other proper exercise Of the powers Of equity TO
have satisfaction Of any judgment against such defend
SEC. 81. That in case of delinquency of any post
master contractor or other officer agent or employee
Of the Postoice Department, in which suit may be
brought the auditor Tor said department shall forward
to the Department Of Justice certified copies ofa pa
SEC. 3l2. That copies Of the quarterly returns Of
postmasters and Of any papers pertaining TO me &C
| Department, and transcripts nom the money-order
account books of said Office when certified by the audi
tor under the seal OF his Office, shall be admitted as ev
denee in the courts Of the United States both in Grim
| inal aud civil cases
ces due from posmasters, copy, duly certified under
the seal Of the auditor for the Potoco Department
other person employed by tho Postmaster General or
the auditor for that purpose that he has mailed let
1
where the Indebtedness accrued or at hisa usual
place of abode; that sufficient time has elapsed for
said letter TO have reached its destination in the ord
nary course Of the mail and that payment Of such
balance has not been received within the time desgna
ted In his Instructions shall be received MS sufficient
evidence in the courts of tho United statos other
| courts, that demand has been made upon the den-
quent postmaster but when the account Of late post
master has been adjusted and settled, and do
mand has been made for the balance appearing to be
due and aiterward allowances are made or credits en-
tered, It shall not be necessary 10 make further de-
| mand for the new balance found to be duo.
| SEC. 3l4. That the Postmaster General may discharge
from imprisonment any person confined in Jail any udg
ment in civil obtained in behalf Of the Department.
II be made to appolr that the defendant has property
Of any dcgcripton hut such release shall not bar sube
quent execution against the perty of the defendant on
SEC. 3f5. That all where Judgment shall have
been oh aimed for debt damages due the De-
mo or 80 much thereof remains unpaid cannot be col
ected by due Of law the Auditor for the d De-
| General compromie such Judgment and accept in sar
| faction less than the full amount thereof
d ability alleged liability for any Of money by way
Of damages otherwise under any provision Of law ia
the postal 20 .eSe he GenS E ay pasce
sn general rules and modes Of proceeding shall appear
hce Department, in acertaning the fact in each
in which said Auditor shall certify to him that the in
the power conferred by his and the preceding section aud
upon the fact being asceaned said Auditor may with the
written consent Of the Postmaster General mitigate
init such fine penalty, or forfeiture such liability
compromise release discharge such claim for such
=, -, - - SUI '0's ' N"e o'N nv
SEC 81 That onc-halfof all pecunisry penalties and
forures incurred for the violation any law in relation
the postal sevice shall he for the Of per in
forming and prosecuting for the same aud the other for the
use OF the United satea except where other disposition
thereof &c specioly provided.
SEC as. That IN all cases where debts are due from
detaung or delinquent posmascrs contractors, other
officers ageut, or employees of the Posonice Department.
warrant Of attachment may issue against all real and
property and legal snd equitable rghs belonging
TO such officer agent or employee and his sares or e
First. off rant loVp and hia
smetie either Of hem, nonresident Of the district
where such officer agent % employee was appointed or
hiss parted from such district for the purpose Of porma
nenty residing out Of the Of duaudng the Uni ed
States, or Of avoiding the service Of civil process.
Second VIII II -ch officer agent, employee, aud his
sur5es either Of hem hiss conveyed away, about
to convey away hi prOpert or any part thereof or has
removed, about to remove same any part there
Of from the district wherein It IS situated, With intent to
dcfrl d the United states.
when sny such property been removed certified
copies OF the warrant may be sent to the mArhal of the
district into which the same has been removed, under which
certified copies he may seize ad property and convey 70
some convenient point within the jurdcon of the court
from which the war ant originally Issued. And alias war
may he Issued in such upon application
and the validity of the warrant FIRST itucd thlll continue
| until the returning day thereof
SIC. $40. That application for such of attach
ment may be made by any district assistant district
toney by any other person authorized by the Posnas
ter General befcr the judge or in abence before the
clerk Of any court Of the United having original Ju
risdeon OF the action Aud such application sda
be made upon AFFIDAVIT OF the sppcant some other
credible peraou stating he ext either Of grounds
Of attachment enumerated in the preceding section and
| upon production Of les evidence Of the debt.
SEC 800 That upon any such application, and due
order Of any Judge OF the court in his absence without
such order the clerk hs issue for the ich-
ment Of all the property Of any kind belonging the per-
son specified in the affidavit which warrant shall be
ted with all possible dispatch by the marshs who shall
take the rpcry attached IL personal into his custody
and hold the same subject to all in.eroeuory final
orders Of the court.
SEC S9i That any time within twenty days before the
tschcd may giving notice the district attorney of his
intention, file plea in abatement rlveralng ithe alega
tons of the affidavit denying the Ownership Of the prop
city ataued to be In the defendant, either Of them, in
which case the court may upon application Of either party
affidavit and plea; but the parties may by consent waive
trial by july in which the court ehsl decide the issues
raised Any ps ty claiming ownership Of the property
tached and specific return thereof shall be confined to the
remedy herein afforded, Tut his right 10 action Of tres
| hereby
sEC s2 That when the property attached shall b, old
on an interoeuory order of the court whom 1t shall be
producing any revenue the money Arising from such ae
revenue shall be invested in securities OF the United states
under the order Of the court and all accron shall be held
subject to the orders Of the same.
SEC 1913. Thst imm dately upon tho execution Of any
such warrant Of attachment the marshal shall due
publication thereof to be made in Of abscondins debt
os for two months and Of osdents four months The
publication shall be made in newspaper publ he'd in
the district where the properly situate and the details
| warrant lie Issued.
SEC. 32i That after the first publication Of such no.
cs Of attachment as required by law, every person
indebted to, having possession Of any property be-
longing TO- the said defendants or either Of them and
having knowledge OF such notice. shall account and
for the amount Of such debt and the value Of
such property any disposal or attempt to dispose Of
any such property TO the injury Of tho United states
shall be Illegal and void And when the person in
debted to- having possession Of the property Of such
defendants, either OF them, shall be known 10 the
district attorney marshal, such officer shall see that
personal notice Of the attachment served upon such
person but tho want Of such notice shall not invalid
alto the attachment.
SEC. 3o5 That upon application of the party whose
property has boon attached, the court any Judge
thereof may discharge the warrant OF attachment as
10 the property Of the applicant provided such Rppli
can't shall execute to the United States good and su
hcon penal boud In double tho value Of the property
attached, to be approved by judge Of the court and
with condition for tho return Of said property or to
answer any judgement which may DO rendered by the
court in the premises.