Page:United States Statutes at Large Volume 13.djvu/461

 THIRTY—EIGHTI·1 CONGRESS. Sess. H. Ch. 47. 1865. 438 are due from postmasters, mail-contractors, or other officers, agents, or When warrant employees of the Post-Office Department, who are in default or delin- ga°*:¤°:Bm°’:sm quency, a warrant of attachment may issue against all property, real and progs? Oigdm. personal, possessions, and rights legal, equitable, and contingent, belonging cm to l¥<>¤t-Office to such officer and his sureties, or either of them, in the following cases: D°P"”‘“°“°‘ First. When any such officer, agent, or employee, and his sureties, or mm in .-.,1,,.1. either of them, has, within the meaning of the act of July seventeen, li¤¤- eighteen hundred and sixty-two, chapter one hundred and ninety-five, and QI3i32k lfég the proclamation of the President in pursuance thereof, dated the twenty- v,,;; xg_P` ` fifth day of July, eighteen hundred and sixty-two, participated in, aided, P- i266- abetted, or countenanced any rebellion against the United States. Second. When such officer, agent, or employee, and his sureties, or N¤¤-f¢¤i<l¢¤f¤. either of them, is a non-resident of the district where such officer was &° appointed, or has departed from such district for the purpose of residing permanently out of such district, or of detrauding the United States, or of avoiding the service of civil process. Third. When such officer or his sureties, or either of them, has con- Conveyance, veyed away or is about to convey away his property, or any part thereof, **9-L 9* P'°P"*Y or has removed or is about to remove his property, or any part thereof; QvQl,,Q'E°m°° from the district wherein the same is situated, with intent to defraud the United States. And where such removal has taken place, certified copies Removal or of the warrant may be sent to the marshal of any other district into which P¥<>P¢¤.Y· such property may have been removed, under which certified copies lt shall be lawful for such marshal to seize such property and convey it to some convenient point within the jurisdiction of the court from which the warrant originally issued. Alias warrants may issue upon due applica- Alias warrants. tion, and the .validity of the warrant first issued shall continue until the return day thereof Sec. 2. And be it further enacted, That application for such warrant s_ppuc,,,;,,,, fo, may be made by any district attorney or assistant district attorney, or any WMMHY. h<>W other person authorized by the Postmaster—General, before any: judge, or, m°d°' in his absence, before any clerk of any court of the United States having original jurisdiction of the cause of action. 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 first section of this act, and upon production of legal evidence of the debt. Upon such application, and upon due order of any judge of the Issuing and court, or in the absence of any judge without such order, the clerk shall ¤¤¤¤¤¢i<>¤ cfwerissue a warrant for the attachment of all the property of any kind belong- mt ing to the party or parties specified in the andavit, which warrant shall be executed with all possible despatch by the marshal, who shall take the property attached, if personal, into his custody, and hold the same subject to all interlocutory or final orders of the court. Sec. 3. And be it further enacted, That the party or parties whose Ownership of property is attached may, at any time within twenty days before the re- £;:€;;°>L:; d°_ turn day of the warrant, on giving to the district attorney notice of his mmngg intention, tile a plea in abatement, traversing the allegations of the aflldavit, or denying the ownership of the property attached- in the defendants, or either of them, in which case the court may, upon application of either party, order an immediate trial by jury of the issues raised by the aiiidavit and plea. But the parties may, by consent, waive a trial by jury, in Trial by jury which case the court shall decide the issues raised by the aihdavit and °*’ by the °°¤'°- plea. Any party claiming ownership of the property attached and a spee Outer remedies cine return of the same shall be confined to the remedy afforded by this ¤°'* ¤¤P*¤*°**- act, but his right to an action of trespass or other action for damages shall not be impaired hereby. Sec. 4. And be it further enacted, '1‘hat when the property attached Proceedsof shall be sold on any interlocutory order of the court, or when it shall be ":)° :;**::9::* producing any revenue, the money arising from such sale or revenue shall iuvgsteci, 8,,,, von. xm. Pos. - 37