Page:United States Statutes at Large Volume 17.djvu/365

 FORTY—SECOND CONGRESS. Sess. II. Ch. 335. 1872. 325 in behalf of the department, if it be made to appear that the defendant has elmged from jail H0 property of any description ; but such release shall not bur a, subsequent; in civil Mises, execution against the property of the defendant on the same judgment. bug &°' Sec. 315. That in all cases where :2. judgment shall have been obmined Judmmnts not for a, debt or damages due the Post-0{Hce Department, and it shell sms- collwibicinfull, facmrily appear that such judgment, or so much thereof as remains unpaid, é"fvf;Q"l3;?é cannot be collected by due process of law, the auditor for the said depart- mn comm: mi mem may, with the written consent of the P0stmaste1·-General, compromise &°· such judgment, and accept in satisfucbioxu less than the full amount bherc0£ Sec. 316. That in all cases of fine, penalty, forfeiture, or disability, or Fines, Sm., alleged liability for any sum of money by way of damages or otherwise, under any provision of law in relation to the officers, employees, opera- bg ,€,,{OVbd yyith tions, or business of the postal Service, the Postmaster-Generul muy pre- Wfiiwu <><>¤S€¤¤» scribe such general rules and modes of proceeding as shall appear to be S"' expedient, for the government of the auditor for the Post-olnce Department, in ascertaining the fact in each case in which said auditor shall certify to him that the interests of the depzu·unent probably require the exercise 0f the power conferred by this and the preceding section; and upon the fz1c1;‘ being ascertained, said auditor may, with the written consent of the POS$m3S{0l`-GGH€Y&l, mitigate or remit such fine, penalty, or forfeiture, remove such disability, or compromise, release, 01* discharge such claim for such sum of money and damages, and on such terms as the said auditor shall deem just and expedient. Sec. 317. That one-half of all pecuniary penalties and forfeitures in- One-half ot curred for the violation of any law in relation to the postal service shall P€¤¤l*}8**» &¤·» W be for the use of the person informing and prosecuting for the same, and §§({°ufQ€))£:r’ the other for the use of the United States, except where other disposition lmlftoffic United thereof is specially provided. 2*;**% €X°°P*· Sec. 318. That in all cases where debts are due from deflxulting or de- fu mcs of linquent postnmsters, c011t1‘aCt01‘S, 01* other Olllcers, agents, 01* employees of Mills M6 {Yom the Posnofnce Department, a Warrant of attachment may issue against all real and personal property and legal and equitable rights belonging to such mellments ’ oflicer, agent, or employee, and his sureties, or either of them, in the fol- ”%“’“*t mel' . pI`Op€I`l.y lH8,y lowing cases : issue; First. lVhen such officer, agent, or employee, and his sureties, or either ifthey are n<m· of them, is 2, nonresident of the district whore such orHc0r, ugcnt, or em- Fésidwts; ployee was appointed, or has departed from such district for the purpose of permanently residing out of the same, or of defruuding the United States, or of avoiding the service of civil process. Second. When such officer, agent, or employee, sind his sureties, or either or have con- 0f them, has conveyed away, or is about to convey away, his property, or ;tO"J¥'°?;* gsm any part: thereof, or has removed, or is about to remove, the same, or any vcy away their part: thereon from the district wherein it is situated, with intent to defraud P'°PmY· the United States. And when any such property has been removed, certified copies of the Pmpmv may warrant may be sent 1:0 the marshal of the district into which the same has be seized in the been removed, under which certified copies he may seize said property and iléjllwt 5*%*1*9* convey it to some convenient point within the jurisdiction of the court from mw ’ c` which the warrant originally issued. And alias warrants may be issued in Alias warrants. such cases upon due application, and the validity of the warmni; first issued shall continue until the return-day thereof. Sec. 319. That application for such warrant of attachment may be made Application for by any district or assistant district attorney, or by any other person author- Igiqizaglgtr · - . . Y y` ized by the Postmaster-General, before the judge, or, in l11S absence, before and to whom and the clerk of any court of the United States having original jurisdiction of how made. the cause of action. And such application shall be made upon an affidavit of the applicant, or some other credible person, stating the existence of either of the grounds of attachment enumerated in the preceding section, and upon production of legal evidence of the debt.