Page:United States Statutes at Large Volume 17.djvu/363

 FORTY-SECOND CONGRESS. Sess. II. Ch. 335. 1872. 323 orders. And the Postmaster-General may also, upon like evidence, Postmasteriusmict postmasters at any post-offices at which registered letters shal1H9¤€m1m*Y , . . . direct that regisarrive directed to any such person, firm, 01* corporation, to return all such med mms 8d_ registered letters to the postmasters at the offices ai; which they were dressed to such Oyginally mailed, with the word “ fraudulent" plainly written or stamped p‘°‘”°“S·,‘?‘Y’· be . ., marked f1audu— upon the outside of said letters; and all such letters so returned m such ;m;· and ,,9- posnmascers shall be by them returned to the writers thereof, under such t¤r¤¢ sendmmgulmicns as the P0stmaster—General may prescribe: Provided, Than 3uI;%$;?’Q0 nothing in this act, contained shall be so construed as L0 authorize any open a letter not postmaster or other person to open any letter not addressed mc himself. *d§***S*°d W him· Sec. 301. That if any person having devised or intending to devise any Seyimahy {O, scheme cr aruifice to defraud, or be effected by either opening cr intending misusingthe to open correspondence or communication with any other person (whether  smb' resident within or outside of the United States), by means of the p0si;— of>c¤mg,’&g, office establishment of the United States, Or by inciting such other person °‘Z"”°$P°“d€'*°° m open communication with the person so devising or intending, shall, in gQ}?a$°2;§° and for executing such scheme or arbifice (cr attempting sc to do), place p1aqing;&c., letany letter or packet; in any post-otiice of the United States, or take or re- ‘°’ m P°“‘°m“· ceive any therefrom, such person, so misusing the post-office establishment, shall be guilty of a misdemeanor, and shall be punished with a Fine 0f not more than five hundred dollars, with or without such imprisonment, as the court shall direct, noi: exceeding eighteen calendar months. The pmceadgngs for indictment, information, or complaint may severally charge offences to che MMI, cvnvicrivn, number of three when committed within the same six calendar months; S"` but the court thereupon shall give a single sentence, and shall proportion the punishment especially to the degree in which the abuse of the postoflice establishment enters as an instrument into such fraudulent scheme and device. ’ S1;0. 302. That all letters, packets, or other matter which may be LQ**€¤· &<=·» seized or detained for violation of law shall be returned to the owner or  law sender of the same, 01* otherwise disposed of as the P0stmaster—Genera1 how disposed of? may direct. Sec. 303. That all suits arising under the postal laws, or the reguln- Suits under tions of the Postmaster—Gencra1 pursuant thereto, shall be instituted in the fsfgilgggégm name of the United States of Americeuand the demands in such suits and dcmsmdslo shall have all the privileges and priorities in adjudication and payment h¤V¤P1’i0fi¤y· secured by law to other claims of the United States. suits and Sm. 304. That all causes of action arising under the postal laws may B*<>§°°*ati°1}S t? be sued, and all offenders against the same may be prosecuted, before the agéndkiiarcult circuit or district courts of the United States. courts; Sec. 305. That all causes of action arising under the postal laws may and bgfbyg be sued, and all offenders against the same may be prosecuted, before the ]°°31 m¤€iS¤‘¤*<>S justices of the peace, magistrates, or other judicial courts of the several an mms' 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 as great extent; and such justices, magistrates, or judiciary shall take cognizance thereof; and proceed to judgment and execution as in other cases. Sec. 306. That in all suits or causes arising under the postal laws the Suits, &¤., court shall proceed to trial and render judgment the first term after com- ;2";;r£;§Z}11$"$ mencemem; of suit; but whenever service of process shall not be made at judglncnf; at the least twenty days previous to the return-day of such term, the defendant fir? {HB1;  _ shall be entitled to one continuance, if on his statement the court shall H€d°;;°O;;lc§Kl` deem it, expedient : and if said defendant shall make aiiiclcvib that he has tinuance, ig &c. a claim against the Post-ofiice Department, which has been submitted to and disallowed 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; a. continuance until the next succeeding term.