Wilmington daily commercial., 1873-03-10
OealolAL.
LAWS OF THE UNITED sTATKs
,.,.d at he Second Sssstcn Of Tie FOTtv-seoon'
GENERAL NATUEE-No. 1ial


AZ act 70 revise consolidate, and amend the
Az hSs,,intes relating 70 the Post ONCE Department.
~ enacted By the Senate and bouse Of RspTsssnta-
a, Iae I'm ted Stdfss Of America tn Congress as
ntId That there shall be established, At the seat
S'.n9srnrlent OF the United stateA of America,
Vee,flment 70 be known as the Post once Depart
msa en- All. That in case of delinquency of any pNst
oaater contractor or other ofncer, agent, or en-
Poyee bSnglt 1gS the Auditor u ssid Department
ssIl forward TO the Department OF Justice certified
ss1es Of all papers in his once tending 70 sustain
Ds Se SA Az That copies Of the quarterly returns Of
nsmasteTs and OF any papers pertaining 70 the &C
HsnarllneDt, and transcripts from the money order
.,nnI books OF said office when certified BY the
saaior under the seal OF his once, shall be admit
al az evidence In the courts OF the United States
hoih In criminal and civil cases
&c SIS That in all suits for the recovery Of bal
snees que from poetmaAters copy duly certified
andsr tde seal Of the Auditor Of the Post Once De-
Sartment Of the statement OF any postmssser, spe-
tsl agent, or other person employed by the Post.
has mailed letter TO such delinquent postn as
ir al inc post once wnere the Indebtedness accru
n for said letter have reached Its destination In
~ ordinary course OF the mail: and that payment
az such balance has not been received within the
tim designated in his instructions shall De r cev.
al "a sufficient evidence 10 the courts OF the United
states or other courts. a demand has been made
noon the delinquent postmaster; but when the ac-
cannt Of a late postmaster has been once adjusted
and settled and a demand has been made Tor the
balance appearing To be due, and afterward allow
anres are made or credits entered, tt snail not he
necessary TO m Ike farther demand Tor the new
va sit That the Postmaster General may dis
charse ron Imprisonment agy prrs9n oonnaed IN
nsf Ofthe Department. II it IL made 70 appear lhat
the def ndant hasne property oS any description;
ion agaluat the property Of the defendant on The
same Judgment 49,.
have been obi aimed for q debt or damages due the
P1st Onlce Department and IL shall satisfactorily
appear that . ch Judgment, or 80 much thereof as
rsilaus u paid cannot be collected by dus process
AZ law The Auditor for the said Department may,
with he wr ten consent Of the Postmaster General,
comp-ouise Hneh Judgment, a.d accept In sssistao-
SEC ki6 That In R cases OF hue, penalty, forfeit
ure, nr disabilit or alleged ability for any sum OF
money by Way Of damages or otherwise, under any
nIo sio of law In relation TO the oficers, employ
ers operations business OF the postal service the
Potmaste entril may prescriDe sucn general Iuies
nrdrnt for ths government of the Auditor for the
Pos once Department. ia sscer aiming the fact In
each case ia which said Auditor shall certify 10 MIN
IN Il the Interests OF the Department probably re-
quire the exercise OF III power, conferred by THIS
and The preceding seetion and upon tne Iact 1eing
a. eTtained, said auditor may with the written
nsent OF the Postmaster General mitigate or re-
mt such nne, penalty, or forfeiture remove such
disability or compromise release, or discharge such
caim If such sum OF money and damages. aud Oh
such terms as the said Auditor shall deem lust and
eXpedient ~,
and fitures incurred for the violation OF any law
in relation TO the postal service shall be TOT The use
OF the person informing and prosecuting for the
same aud the other for the use Ol the United States
except where other disposition thereoi is specially
provided
from defaultiDg or delinquent postmas ers con
taf Org or other officers agents, or employees OF
the Post ofiice Department, warrant OF attach
ment may issue against all real And personal proper
ty and legal and equitable rights belonging 70 such
officer agent or employee and his sGretles,or eth
er Of ther, In the following cases;
u,
bis sureties or either OF them Ia nonresident OF
the dislrc. where such officer, agsn or employee
was app lOlnted, or ha1 departed rom such district
fl the purpose Of permanently residing out OF the
same, or OF defrauding the United states, or of
ayOlOng the service OF uivil process
second when such onicer, agent or employee.
AID his suretiee, or either OF theIn has conveyed
away, or is ABOUT TO convey away, his prop rty or
any part thereof has emOved, or Is about to re-
miv,, the same, or any part thereof, frem the dis
rct wherein 1t is situated, with Intent to deiraud
Aud shen any such properly has been removed
cerIued copies OF the warrant may be sent 70 the
marshal of the district into which the same has
been removed, under which certified copies he may
teiZs said property ana convey II To some convent
eht point within the Jurisdiction OF the court from
which the warrant originally isssed. And alias war
rants may ba issued IN each upon due appllca-
tOn, and the validity OF the warrant n h-At lssutd
shall continue until the return.day thereof
SIC. 10. hat application for snch warrant OF at
taChment may be made by any district or assistant
district Attorney or by any otner person authorized
b the Postm aster General before the Judge, Or In
his sence, before The clerk OF any Court OF the
uulted states having original Jurisdiction OF the
cause Of action And sucn appt at on shall be made
unon an aiidlyit OF the applicant, or some Other
credible person. stating the existence OF elther OF
the grounds OF attachment enumeratt d In thi pre-
eng ection and upon production OF legal evidence
sEc. so. That upon any such application, and
upon due order q any Judge Q, sns cGu, ~ ana N a
warrant for the attachment OF all the property o.
any kind belonging to the person specified IN me ~
hdaVlt, which warrant shall De executed WIN al
possible dispatch by the marshal, who shall take tn
property attIche II personal into his CUSTODY, an
hld tho same subject to all nterlocutofy or ma
SIC. sal. That any time within twenty days be
fore he return day OF Huch warrant the party who's
district attorney Of his int Itlon nle q plea 4
statement, traversing the allegations OF the Amda
tacned 70 be IN the deteSdants, or either Of them,
which case the court may, upon app icaton OF eltn
er party order an immediate trial Jury OF the IL
ties may by consent waive trial Dy Jury, in whlc
the court shall decide the issues raised. An
party claiming ownership OF the property attaches
and sPeclfc return thereof, shall be confined
the remedy herein Afforded, but his right 70 an q
tOn OF trespasS, or other action for damages, sna
sEo az That when the property attached sha
be sold on an tnterlocutory order Of lhe curt,
when shall ne producing any reyen1 tne
n securities OF the Uaited states, under the orde
ofthe court. and all accrstons shall be held supJec
SEC. 1923. That Immediately upon the execution
any such warrant OF attachment the marsual sha
cause due publcation thereof TO be made, In case
bbsconding debtors for Two months and OI no
residents for four months. the paollcauon hnl
be made in some newspaper published 10 tne ~
trIct where the property is situate, and the de q
thereof shall be regulated by the order under Whl'
the warrant Ia issued
SIC s2L That af er the first publication of su
notice OF attachment as required by aW, every pc
son Indebted 70, OF having possession OF any ptops
y belonging TO, the said defendants, Or elthes ~
them, and having knowledge OF such notice, sni
account and answer for the amount OF 81
debt, and the value Of such property; and any q
posal or attempt TO dispose OF any such properly,
the injury OF the United states, shall be illegal
void. Aud when tbs perHoL indebted TO, or naVl
possession OF lhe property Of, such defendants,
either OF them, shall be known 70 tue district att
ney or marshal, such ofcer shall see that person
notice of.the.aLtachment Is served upon such persu
but the want OF such notice shall not inValidate
attachment
sEo. s25 That upon application Of the party who
property mas been attached, the court, or any lud
thereof may disch lrge the warrant OF attacnmt
az TO the property OF the applicant, provided 81
applicant shall execute TO the United states 81
AMI bufficient penal bond In doHble the value OF
property attached, to be approved by Judge OF
court, and with condition for the return OI aald
perty, or to answer any judgment which may be r
dered by the court In the premises .
SKO. 325. That nothing herein contained snall
construed TO limit or abTidge, in any manner 81
rights OF the United States as have accrued or o.
allowed In any district under the .rneT prActee
or the adoption OF State laws by, the United sta
court
SIC. s91. That the following acts and parts Of .
and resolutions and parts OF resolutions are mere
repealed, but such repeal shall not be coustruet
effect or extend 10 any crimes or Onenses heI'
fore committed, and which are puntshable un
any Law hereby reps aled; but all such crimes
ofenaes shall be prOeecu tee, teTmined and pun