Page:United States Statutes at Large Volume 18 Part 1.djvu/787

 uns xt.-THE rustic MONEYS. 715 bm. 3625. Whenever any collector of the revenue, receiver of public Distress-wan-ant. money. or other officer who has received the public money before it is Q paid into the Treasury of the United States, fails to render his account, 107, s. 2, vis, .57212. or pay over the same in the manner or within the time required by law, 29 M¤Y· 1g3Q <¤- rt shall  the duty of the First Comptroller of the Treasury [or the 15g,S}·g'·4· p' 41* Commissioner of Customs, as the case may be,] to cause to be stated the gg ,. li;',,,}!;? c' account of such officer, exhibiting truly the amount due to the United - '. '.-;;.;- §tates, and to certify the same to the Solicitor of the Treasury. who shall _ U. S. v. Kirkpatrssue a warrant of distress against the delinquent officer and his sureties, "°k· 9 Wh·· 209 directed to the marshal of the district in which such officer and his sure-  V?§Z‘°§d§’ tres reside. Where the officer and his sureties reside in different districts, c. NicnB11,ié\Vli., or where they, or either of them, reside in a district other than that in 505; Dcx ¤·. Postwhich the estate of either may be, which it is intended to take and sell, m”*·°"G°¤°¤‘l· 1 then such warrant shall be directed to the marshals of such districts, §?`u’  g;:' QQ Nsvvctivelr- email cms é How., 246; Murray’s Lessee r. Hoboken Co., 18 How., 272; U. S. r. Manrice, 2 Brock, 96; E.: parte Randolph, 2 Brock, 447; Armstrong r. U. S,, Gilp., 399. Sec. 3626. The warrant of distress shall specify the amount with which Contents of warsuch delinquent is chargeable, and the sums, 1f any, which have been paid. _____ 15 May, 1820, c. 107, s. 2, v. 3, p. 592. 29 May, 1830, c. 153, s. 1, v. 4, p. 41;}: Sec. 3627. The marshal authorized to execute any warrant of distress Ii x e c u t i o n shall, by himself or by his deputy. proceed to levy and collect the sum {“€’“““*· °m°°'· remaining due, by distress and sale of the goods and chattels of such 15 May, 1820, c. delinquent officer; having given ten days’ previous notice of such intended 107.8- 2.v- 3.p-593. sale, byallixing an advertisement of the articles to be sold at two or more public places in the town and county where the goods or chattels were taken, or in the town or county where the owner of such goods or chattels may reside. If the goods and chattels be not sufficient to satisfy the warrant, the same may be levied upon the person of such officer, who may be committed to prison, there to remain until discharged by due course of law. Sec. 3628. If the delinquent officer absconds, or if goods and chattels It x e c u t i o n belonging to him cannot be found sufficient to satisfy the warrant, the F§¤'¤¤t ¤¤’€*Y·__ marshal or his deputy shall proceed, notwithstanding the commitment Ibid_ of the delinquent officer, to levy and collect the sum which remains due by such delinquent, by the distress and sale of the goods and chattels of hrs sureties: having given ten days’ previous notice of such intended sale, by aflixin an a vertisement of the articles to be sold at two or more public places in the town or county where the goods or chattels were taken, or in the town or county where the owner resides. S1-nc. 3629. The amount due by any delinquent officer is declared to be 1Avymbe,,];,,,_ a lien upon the lands, tenements, and hereditaments of such officer and ?— his sureties, from the date of a levy in pursuance of the warrant of dis- ‘ tress issued against him or them, and a record thereof made in the office of the clerk of the district court of the proper district, until the same is discharged according to law. _ Sec. 3630. For want of goods and chattels of a delinquent officer, or Saleoflaudsrcghis sureties, sumcient to satisfv any warrant of distress issued pursuant 'l‘*E;...;. to the foregoin provisions, the lands. tenements, and hereditaments of {bgd_ such officer andqus aureties, or so much thereof as may be necessary for that purpose, after being advertised for at least three weeks in not less than three public laces in the county or district where such real estate is situate, before the time of sale, shall be sold by the marshal of such district or his deput *. _ _ Sec. 3631. For all lands. tenements, or hereditaments sold in pursu- 1 Cérnvvyww of ance of the preceding section, the conveyance of the marshal_or his dep- i‘1.;_-s-- uty, executed in due form of law, shall give a valid title against all per- Ibid. sons claiming under such delinqpent officer or his sureties. _ Sec. 3632. All moneys whic _ may remain of the proceeds of sales, lgisposal of surnfter satisfying the warrant of distress, and paying the reasonable costs P · _ and charges o the sale, shall be returned to such delmquent officer or Ibid. surety, as the case may be.