Page:United States Statutes at Large Volume 17.djvu/366

 326 FORTY-SECON D CONGRESS. Sess. H. Ch. 335. 1872. Warrant to is- Sec. 320. That upon any such application, and upon duo order of any nyc <>¤ ¤1>p¤i¢¤— judge of the court, or, in his absence, without such order, t11c clerk shall Qggzzgtggl "° issue s, warrant for the attachment of all the property of any kmd belopgu ing to the person specified in the aHlda,vit, whxch warrant shall be executed with all possible dispatch 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. Rmedy °*` Sec. 321. That any time within twenty days before the return-day of 2,, such warrant, the party whose property is attached may, on giving mgicg honed. to the district attorney of his intention,fil0 a plea in abatement, traversing Pm l“ ‘*b”°` the allegations of the aihdavit, or denying the ownership of the property mm attached to be in the defendants, or either of them, in which case the coun; Issues misled, muy, upon application of either party, order an immediate trial by jury of l‘°“' °° ba m°d· the issues raised by the affidavit and plea; but the parties may, by consent, waive a trial by jury, in which case the court shall decide the issues raised. Particp claim- Any pm-ty claiming ownership of the property attached, and a specific relzgnsggmffpzxy turn thereoh shall be confined to the remedy hcrcin afforded, but his right conagetlao  to an action of trespass, or other action for damages, shall not be impaired "°“*° Y· “» · hcrcb . Procecos of  322. That when the property attached shall be sold on an interg;‘E$‘;’£’J;’";‘§3» locutory order of the court, or when it shall be producing any revenue, whe invegtedr the money arising from such sale or revenue shall be invested in securities Sw- of the United States, under tho order of the court, and all accrctions shall bc held subject to the orders of the same. Publiwfivv of Sec. 323. That immediately upon the execution of any such warrant of mazzgfggtguc attachment, the marshal shall cause duc publication thereof to be made, in of abscouding case of absconding debtors for two months, and of non-residents for four d°b*°”· months. The publication shall be made in somc newspaper published in the district where the property is sltuatc, and the details thereof shall bc regulated by the order under which the warrant is issued. Aitm· puhlica- Sec. 324. That after the first publication of such notice of attachment gggtgggaggg as required by law, every pcrson indebted to, or having possession of any {,.,,,,,,,5 gn- property belonging to, the said defendants, or either of them, and having qlebwd *0 or MV- knowledge of such notice, shall account and answer for the amount of such g:§0£Q;l;§;tytgf debt, and the value of such property; and any disposal or attempt to disaccount thérefor, pose of any such property, to the injury of the United States, shall be illegal &°·  and void. And when the person indebted to, or having possession of the 0n1g2Q1g “°°’°° property of} such defendants, or cither of them, shall be known to the diskngwn to lm-M trict attorney or marshal, such officer shall scc that personal notice of the SW1 P¤‘<>1><>1‘*Y· attachment is served upon such person; but the want of such notice shall not invalidate the attachment. Warrant of at- Sec. 325. That upon application of the party whose property has been g§§}¤m°¤3¤{;¤Y b¤ attached, the court, or any judge thereof, may discharge the warrant of Qvfsggfumggm attachment as to the property of the applicant, provided such applicant gond, &c. shall execute to the United States a good and sufficicnt penal bond, in double the value of the property attached, to be approved by 2. judge of the court, and with condition for the return of said property, or to answer any judgment which may be rendered by the court in the premises. Rights pfthe Sec. 326. That nothing herein contained shall be construed to limit or Fmiiin znbrldgc, in any manner, such rights of the United States as have accrued not Lariégcd"' or been allowed in any district under the former practice of; or the adophm-eby. tion of State laws by, the United States courts. Repeal. Sec. 327. That the following acts and parts of acts and resolutions and parts of resolutions are hereby repealed, but such repeal shall not be construed to affect or extend to any crimes or offcnccs heretofore committed, S¤Vi¤z ¤l=¤¤¤¤· and which are punishable under any law hereby repealed; but all such crimes and offences shall be prosecuted, determined, and punished according to the said laws, the same as if this act had not passed; nor shall such repeal be construed to affect any appointment to office, or any contract,