Page:United States Statutes at Large Volume 44 Part 1.djvu/950

 § 737 THTLE 28.—·~JUDICIAL the time and place appointed for triahito be inserted in some newspaper published near the plane ot Seizure, and by posting n up the same in the most public manner for the space of toni'- teeu days, at or near the place of trial.; antlproclamation shall be made in such manner as the court shall direct; `_And if .nc person appears and trlaims. such ycssehlgoods, wares, or inet pliandise, and gives bond to defend the proseqution thereof and to respond the cog in? raae he _»shall not supporthhis claim, the caurt shall pr to hear and determine the cause acco`r;d};g to law. (R._S.‘§·923.). ·  — . 737. Attachment in postal shits.-—In all cases where debts are due {regu defaulting or delinquent postmastersl contractors, or other otiicers, agents, or employees of the Post Office Depart "rnent, a` warrant of attachment may issue against all real and personal property Qand legal and equitable rightabelonging to such officer, agent, or employee, and Ihis suretles, 'or either oi thexh; in the following eases: ·  . · ;   _ Flrget. When such officer; agent; or' employee, andc his sore? ties, at either of them, is a nonresident of the district where such onicer, agent, or employee was' appointed, osréhas departed fmmy such, district for the purpose of permanently residing ont of the same, oro! defrauding the United [States, or of avoidingthe scrfiee fof civllprocess.   . l ‘ Seeond. When such officergagent, 0If·8I11[)l0y9€,,§YY(f his! sureties, or either of them, has conveyed away, or is about to con- 'vey°away his property, or any. part, thereof, or has removed or is about to remove the. same or any part thereof from the district vrhereinit is situate, with intent to defraud the United States. · ·_ - k °. , " p And when any sueh, property has been rem0yed,_cé_1;ti‘tied Jcopieg of the lyyarrant may be sent to"the marshal of the district into Iwhichthe `aame has been removed, under `which certinéd copies he may seize said property and' conyey it to some convenient point within thefjuristfiction of the court wtroni which the warrant originally issued: And aliaé warrants may be issued in such cases upon due application, and thevalidity of the warrant Brat issued shall {continue nntil the return day thereo, a(R. S. § 924.) " » ._ . · _‘ * i .: " ‘ 738{ l e; application for y€7;arrant.—.&pplicatit>n"L_ for such warrant bf attachment may he mntle by anytdisrtrict or assisttant district attorney, or any other person authorized, by the Postmaster General, before the jiulge, or, in. his absence, before the clerkof anycourt of the ·United..States having. original jurisdiction of the cause; ot action. And such application shall be made upon an aHldavit of the- applicant, or Qot some other credible’ person, Mating, the existence of either of the grounds of attachments, enumerated lnsection 738 of- this-title, and upon production. of legal evidence of- file, debt. (R; S. §a2a.>‘·_ · — T _ 739. Same`; issnemf warramt.¢———·Upon any such application and upon due order of any judge of the court, or, in his absence, ’ without anrh ord~er,_ the. clerk shall issue a warrant for the attat·hment· of all the property of any kind belonging to the person specified in the ~’a@davit, which warrant shall be exé- cuted zwith all possible dispatch by`the marshal; who ahall take the property attached, · it personal,. into his custody, anal hold the same enhject-to all inte rloc‘utory or llual orders of the eonrt.- (R. S. § 926.) _     , , U , 740. Same; trial off ownership of ·propcrty.»—>-At any time within twenty daya before the return day ofauch warranti the party whoaeproperty is __attached·n1ay, on giving notice V to the district attorney. of hia intention, mea plea lt abafe? nnent, traversing the allegations of the ahiduyit, or denying the ownership of the property attached to .be in the defend·· ants `or either of-them'; in which case the -'C0l1I’t/`IDRY. upon application ot either party, order an immediate trial by jury of theiaoues raised by the aflldavit and plea'; but the parties may, by consent, waive a trial by j§ury,_·in which casa the

00D L'DL(J{IARY]· 935 at court aha decide the issues raised. And any party claiming, - theretit, ghallhe confined to the remedy herein afforded, lm; l his right to_ an action ot trespass, or other action for dam} > agw, shall not be impaired hereby. (B. sys 927.) . ‘ - · ’L41Q Same; investmentof prmeds of attached prep·crty.——- l» \When_the property attached is sold on an; interlocutory order a pt the court or is producing any revenue,. the money arising, _ the Ungtgd _Stateé, under the order of the court; and all at·c·res°*tions s all hgkheld subject to theorders of the some. (R, ;~;, ,§.928._)‘_ ‘ _ _     I ‘, ·` 742. Same; = publication of stts¢iu¤ent.—lmmediatel5* mm l the execution of any ouch warrant of attachment, the marshal YL, ot abscondingdebtois for twocmonths and of nonresidents ter. four .xnonths._ The publication shall bemade in some newa- · papempublished in the district jwhere the nrdlerty-in sltnate, > and the details thereof sha-ll be regnlnted by the order under ~ whlchg the wnrrante is_ issued. (R. S,.} 9%.). *.6 · / T - 743; Same} personal notice. of ‘atta¢hitent.——After'the Hrs: ' publication of such notice ot. attachnrent as reqvired by law, every person ind_ehte¢§ to, or havlngmossession of arb prog; · erty belonging to,_ the said defendants, or either of theta; and 7 ‘hax*ing,_ knowledge of such notice, shall accmmt and answer for the amount of _éuch‘ debt and the value of auch property: t and any disposal or attempt to- dispose of any meh 'ltfévérty, · ._fo`th`e injury of · the vllnited, States} shall be illegal am void. And when- the person}, indebted to, or having ’ ion of the property-ot, such- defendants, or eltherofithem, to known to the district attorney or marshal, jsnch o§tcer`shnll·see that · .. personal notice of the jattachinent is served orion such person, ~_but the want ·ot auch notice shall not invalidate the attach-- _ ment. tn.- st-: m0.1S ‘ . " e ·   _.. 744. Same; dischargc§_bond.——U;>0t1 application of the party whose property. has been attached, theconrt, or any judge _ thereof, may discharge the warrant of attachment is to the pz~operty· of the applicant, provided; such- applicant shall exe-· cute to the United—`States a good and sufdcient penal boud,·iu‘ double the value- of the property attached, to be approved by a judge of the court! and. with~condition`1'or the return of said property, or to answer any judgment which may  lgy the court in-the premises. (R. S, | 931;) ’ `·. ·. `{ ` 745. Same: §¢¢r¤ed rights not aEe¢ted;-¥·Nothing eontélned ln sections 737- to 744 ot this title shall be construed to limit or abrldge, in any manner, such‘~rtghts_ ot the United Staten as have accrued or been allowed ln any districtiunder the former. Ppractlce of; or. the adoption ot State. lnws”by, the United States ”c0tirts."°(B. S. 5 9325  v_   ’ ° _ ·· ’ — {P ` ‘ 746. Attachments dissolved in conformity with.Stste lawn.-Q- An attachment-of property, upon.   instituted inany eonrt of the United States, to satisfy such judgment agmay be re- · `covered by the ;plainttt therein, except id the ceases men-· tioned in the prugdlng nine sections, shall he`dt&olved when ·R»¤y' contfngency occuraby which, according to the laws of the » State where said court is held, such attachment would be dis-  solved upon like process instituted in the conrté of said State. Nothing herein contained shall interfere with any priority of thehlginitetl States in the payment of debts; ·(R. S. Q 933.) · F 747. Replevy of property taken under revenue laws.¥————All property taken-or detained by any` omecr or other person, under ‘ atnthoritjot any revenue law of the ·United·_States, shall be irropleviable, and shall be deemed to be at ` custody ot the law, and subject only to the orders and  ot {the. courts ot the United States having juriédiction thereof, (R. ·S. § 7 48. Garniqbees at suits by United States against A corpora- ‘titm.·-eln any suit by the United States against a éorporation t for the recovery ot money upon a_bill, note, or other Security,.
 * ownership ot the property attached and a specitlc tretnrit
 * from auch sale for rerenue shall be invested Eoin aecurities of
 * shall pause due publication thereof _'to be made, in. the erase