Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1820-07-11

the marshals or their deputies, executed
in due form of law, shall give valid
title against all persons claiming under
such delinquent officer, or his surety or
sureties. And all moneys which may
remain of the proceeds of such sales,
after satisfying the said warrant of dis
tress, and paying the reasonable costs
and charges of the sale, shall be return
ed to such delinquent officer or surety,
as the case may be: ProUided, That
the summary process herein directed
shall not affect any surety of any officer
of the United States, who became bound
to the United States before the passing
Of this act but each and every such
officer shall, on or before the thirtieth
day of September next give new and
sufficient sureties for the performance Of
the duties required ofsuch officer.
Sec. 8. ind be it further enacted,
That, from and after the thirtieth day Of
September next, if any officer employed,
or who has heretofore been employed,
in the civil, military, or naval, depart
ments of the government, to disburse
the public money appropriated Cor the
service of those departments, respective
ly, shall fail to render his account, or to
pay over, in the manner, and in the
times, required by law, or the regula-
tons OF the department to which he is
accountable, any sum Of money remain
ing in the hands of such officer, it shall
be the duty Of the First or Second Comp
troller Of the Treasury, as the case may
be, who shall be charged with the reyi-
sion of the accounts of such officer, to
cause to be stated, and certify, the &C
count of such delinquent officer to the
agent Of the Treasury, who is hereby
authorized and required Immediately to
proceed against such delinquent officer,
in the manner directed in the preceding
section, all the provisions of which are
hereby declared to be applicable to every
officer OF the government charged with
the disbursement of the public money,
and to their sureties, in the same man
ner, and to the same extent, as if they
had been described and enum Grated in
the said section: Provided, nevertheless,
That the said agent of the Treasury,
with the appreciation of the Secretary Of
the Treasury, in cases arising under
this or the preceding section, may post
pone, for reasonable time, the institu-
ton, ofthc proceedings required by this
act, where, in his opinion, the public
interest will sustain no injury by such
postponement.
Sec. 4. Ind be it further enacted,
That if any person should consider him.
self aggrieved by any warrant issued un-
der this act, he may prefer bill OF COM
plant to any district judge OF the United
States, setting forth therein the nature
and extent OF the injury OF which he
complains; and thereupon the judge
aforesaid may, if in his opinion the case
requires it, grant an injunction to stay
proceedings on such warrant altogether,
or for so much thereof as the nature of
the case requires but no injunction
shall issue till the party applying for the
same shall give bond, and sufficient Sc
curity, conditioned for the performance
of such judgment as shall be awarded
against the complainant, in such amount
as the Judge granting the injunction
shall prescribe; nor shall the issuing Of
such injunction in any manner impair
the lien produced by the issuing of such
warrant. And the same proceedings
shall be had on such injunction as IN
other cases, except that no answer shall
be necessary on the part of the United
States: and if, upon dissolving the in
junction, it shall appear to the satisfac-
ton of the Judge who shall decide upon
the same, that the application for the in
junction was merely for delay, in addi-
ton to the lawful Interest which shall be
assessed on all sums which may be
found due against the complainant, the
said Judge is hereby authorized to add
such damages as that, with the lawful
interest, it shall not exceed the rate of
ten per centum per annum on the prin-
cipal sum.
Sec. S. .And be it further enacted,
That such injunction may be granted or
dissolved by such Judge, either III or Out
of court.
Sec. 6. .4ad be it further enacted,
That if any person shall consider him
self aggrieved by the decision OF such
Judge, either in refusing to issue the IN
junction, or, if granted, on its dissolution,
it shall be competent for such person to
lay copy of the proceedings had be-
fore the district Judge, before Judge OF
the Supreme Court, to whom authority
is hereby given, either to grant the IN
junction, or permit an appeal, as the
case may be, if, in the opinion OF such