Page:United States Statutes at Large Volume 17.djvu/364

 324 FORTY—SECOND CONGRESS. Sess. Il. Ch. 335. 1872. Upon trials of Sec. 307. That no claim for a credit shall be allowed upon the trial of mts #$***5* & any suit for delinquency against a postmaster, contractor, or other ginger, H35g2Q25g2Q1c); " agent, or employee of the Post-office Department, unlc s the same shall no claim for have been presented to the auditor for said department and by him digal. &e. ’ ’ the court, that the defendant is, at the time of trial, in possession of vouchers not before in his power to procure, and that he was prevented from exhibiting to the said auditor a claim for such credit by some unavoidable accident. In suits nu- Sec. 308. That in all suits for balances due the Post-office Depart- P=*l¤¤°°¤·"h¤* ment, interest thereon shall be recovered from the time of the default utggigedifltatgz Sec. 309. That in the prosecution of any suit for money due the Pest- Cudng Sgmm office Department, the United States attorney shall obey the directions money due the Wl11Cl1 may be g1VBI1 l11m by the Dépaftmeuf of JuSt10B; Bild lmmGd1a.f€ly P°St·°m°<= d6- after the end of every term of any court in which any suit has been pendingé, saidlagorney shall gorwardi to the Deparltment ofhJustice adstateand do what. mento an u ment or or er ma e, or ste ta en in the same, urinv such term, Daclconéipanied by a certificate of th]; clerk, showing the partie; to and amount of every such judgment, with such other information as the Department of Justice may require. And the said attorney shall direct speedy and effectual execution upon said judgment, and the United 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. _ When proceed~ Src. 310. That when proceedings at law for money due the Post-office of fg; Department shall be fruitless, the said Department of Justice may direct m ;ri,;ncS§_ guifts the institution of a suit in chancery in any United States district or circuit {;<;g;;;3g(l¤¤¤Y court,t0 set aside fraudulent conveyances or trusts, or attach debts due &c_ ’ the defendant, or obtain any other proper exercise of the powers of equity to have satisfaction of any judgment against such defendant. In suits against Sec. 31]. That in case of delinquency of any postmaster, contractor, Qi%*:3‘:;;;;· (fi?" or other. officer, agent, or employee of the Post-office Department, in Xapem m be gmt_ which suit may be brought, the auditor for said department shall forward °¢· to the Department of Justice certified copies of all papers in his office ten 'ng to sustain the claim. 0¤j>i$¤_<>f_t Sec. 312. That copies of the quarterly returns of postmasters, and of 3}";;,§Qnja;fc;"‘° any papers pertaining to the accounts, in the office of the auditor for the &c,cenine<1 ’ Post-office Department, and transcripts from the money-order account.- "gLl;’ books of said office, when certified by the auditor under the seal of his ’ gHicleasl1all be  its evidence in the courts of the United States, ot in cr1m1na an civi cases. c°$:r5gm$;‘·· Sec. 313. That in all suits for the recovery of balances due from postdm, ymm mM_ masters, a copy, duly certined under the seal of the auditor for the qncntp0stn1as— Post-office Department, of the statement of any postmaster, special agent, demand, that purpose, that he has mailed a letter to such delinquent postmaster at the post-office where the indebtedness accrued, or at his last usual place of abode ; that a 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 instructions, shall be received as sufhcient evidence in the courts of the United States, In fh d or other courts, that a demand has been made upon the delinquent postmmlg mf_'m’; master ; but when the account of a late postmaster has been once adjusted ymymm not and settled, and a demand has been made for the balance appearing to be §;;·v¤s=¤r5·, when, due, and afterward allowances are made or credits entered, it shall not ‘ be necessary to make a. inrther demand for the new balance found to be ue. Pom at1.mm Sec. 314. That the Postmaster-General may discharge from imprisonm°Y be *1** ment any person confined in jail on any judgment in a civil ease, obtained
 * ffgQ$eg° Kim! lcwed, in whole or in part, unless it shall be proved, to the satisfaction of
 * 2;$,:,°§:€i£ b° until payment at the rate of six per centum per annum.
 * Q;fi0E;“f);°ab° or other person employed by the Postmaster—Genera1 or the auditor for