Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1865-03-30
OFFICIAL.
NSses.srA
ssEAaF
LAWS OF THE UNITED STATES,
Passed at the second Session of the Thirty
Eighth Congress.

PUBLIC-No. 30
AN ACT TO facilitate the collection OF certain
debts due the United States.
Be IL enacted bg tie Senate ard House Of ReJ,re-
sentdtireS Of The United Stotes Of .imerica ia Con-
gress assembled, That in all cases where debts
are due from p0stmasters, mail contractors, OF
other officers, agents, or employees of the
Post Office Department, who are in default or
delinquency, a warrant of attachment may is
sue against all property, real and personal
possessions, and rights legal, equitable, and
contingent, belonging to such officer and his
suretics, or either Of them, in the following
cases:
First When any such officer, agent, or en-
ployee. and his sureties, or either of them,
has, within the meaning Of the act OF July
seventeen, eighteen hundred and sxty-two
chapter one hundred and ninety-tive, and the
proclamation of the President in pursuance
thereof, dated the twenty fifth day of July.
eighteen hundred and sixty-two, participated
in, aided, abetted, or counteaanced any rebel
lion against the United States.
Second. When such officer agent or en-
ployee, and his sureties. OF either of them, is
u nonresident of the district where such off,
Ger was appointed, or has departed from such
district for the purpose of residing permanent
ly out Of such district or of defraudjng the Uni
ted States, or of avoiding the service of civil
process.
Third When such officer or his sureties. or
either Of them, has conveyed away or is about
to convey away bis property, or any part there
of, or has removed or is abont to remove his
property, or any part thereof, from the district
wherein the same is situated with intent to
defraud the United States And where snch
removal has taken place, certified copies of the
warrant may be sent to the marshal of any
other district into which such property may
have been removed. under which certified cop.
les it shall he lawful for such marshal to seize
such property and convey it to some conven-
lent point within the jurisdiction of the court
from which the warrant originally issued. AL
ias warrants may issue upon due application.
and the validity of the warrant first issued
shall continue until the return day thereof.
| Sec. 2. Ind be ii further enacted, That
application for such warrant may be made hy
any district attorney or assistant district attor-
ney, or any other person authorized by the
Postmaster General, before any judge, or. 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 OF
some other credible person, stating the exist
ence 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 ol
/ any Judge of the court, or in the absence oi
any Judge without such order, the clerk shall
issue warrant for the attachment OF all the
property of any kind belonging to the party
or parties specified in the affidavit, which war
rant shall he executed with all possible des-
patch by the marshal, who shall take the prop
eTty attached. il personal, into his custody.
and hold the same subject to all interlocutoIy
| or final orders of the court.
Sec. 3. And be IL further enacted. That the
party or parties whose property is attached
may, at any time within twenty days before
the return day of the warrant, on giving TO
the district attorney notice of his intention,
| file plea in abatement, trayelsing the ale
cations of the affidavit, or denying the owner
ship OF the property attached in the defend
ants. 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 affidavit and plea. But the parties
may, by consent, waive a trial by jury, in
which case the court shall decide the ISSUES
raised by the affidavit and plea. Any party
claiming ownership of the property attached
and II specific return of the same shall be con-
fined to the remedy afforded by this act, but
his right to an action of trespass or other ac-
Ition for damages shall not be impaired here
| by,
| Sec. 4. dad be Il further enacted. That when
the property attached shall be sold on any i'm.
terlocutory order of the court, or when it shall
be producing any revenue, the money arising