Delaware State journal and statesman., 1865-03-07
puBLIc-No. 82.l
AN Aor to facilitate the collection Of oertai
debts due the United Statss.

AN Aor to facilitate the collection Of oertaii
debts due the United Status.
Be il enacted by the Senate and House Of Re
| presehtativee Of tho United States Of America IL
| Congress assembled, That in oil cases Wher'
debts arc due from postmasteFs, mail oontrao-
tors or other officers, agents or employees Of thi
Post Office Department, who are In default o.
delinauenoy, warrant Of attachment may issue
against all property, real and personal, posses
sions aud rights, lega, equitable and contingent
| belonging to such officer and his surelies, OF
either OF them, in the following cases;
First Whom any such officer, agent or en-
uloyee and his eureties, or either Of them, has
within the meaning of the act Of July seventeen
eighteen hundred and sixty two, dsssnter op'
hundred and ninety five, aud tho proclamation
Of the President in pursuance thereof, dated thi
twenty hfth day Of July, eighteen hundred and
| sixty two, participated 10, aided, Abefted OF
cOun,enanced any rebellion against the United
, States. S., -sIa4l 4-l-alaiVs lt.H
Second. When such officer, agent or employees
and hi,s HuretieB, or either OF them, ia q non.
resident O.. the district where such officer was
anuointed, OK hos departed from such district
for the purposS Of residing permanently out Of
such district or Of defrauding the United States,
or Of avoiding tho service Of civil process. %
Third. When such officer OF his suretiss, or
either Of them, has conveyed away Or 70 about
TO convey hHhy NIB ptoppHt1a VI nhy hAib huuIu-
of, or has removed or is sbout 10 remove his
property or any part thereof, from the district
wherein the same is situated, with intent to de-
fraud the United States. Aud where such re-
moVal has taken place, certified copies Of tho
warrant may be sent to the marshal Of any other
district into which such property, may have
been removed, under which certihed copieB it
shall be lawful for such marshal 70 seize nuoh
property and convey il to some convenient point
within the jurisdiction Of the court from which
the warrant originally issued. Allies Wsrrsnts
may issue upon due application, and the validity
Of the warrant FIRST issued shall continue until
the return day thereof. HNu tae .
Sec, 2. And be il further enacted, That an.
plication for such warrant may be made BY anv
district attorney or assistant district attorney
ur my other person authorized by the Postmas-
ter General, before aBy judge, or 10 his absence,
before any clerk Of any court Of the United
States having original Jurisdiction Of the cause
of action. Such application shall bo made upon
an affidavit Of the applicant, or some other ore-
dible person, stating the existence Of either OF
the grounds0f attachment enumerated 10 the drat
section Of this act, and upon production illegal
evidence Of the debt. Upon such application,
and upon due order Of any judge OF the court.
or in tho absence Of any judge without such or.
der, the clerk shall issue warrant for the st-
taohment Of all the property or any kind bslong-
Ank W hhu HaFty VI Hethoo hi1oaheo IN TUE uu1uhs
VII, which warrant shall DO executed With all |
possible despatch by the marshal, who ahall take
the property attached, II personal, into his eus-
tody, and hold the same subjectto all interlocu.
tory or 1uHl orders Of the court.
SEQ. s. And be II further enacted, That the |
party or parties whose propsrtysis attached may,
at any time within tweLty days before the re-
turn day of the warrant, on giving to the dis.
triot attorney notice Of his intention, fle plea
iu abatement, traversing the allegations Of the
Alidayit, or denying the ownership Of the pro.
perty attached in the defendants, or either Of
them, in which csse the court may, upon appli. |
cation 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 q !
trial BY jury. in which case the court shall de-
eide the issues raised by the affidavit and Plea |
Any party claiming ownership Of the property
attached and specific return Of the same shall |
bs confined to the remedy afforded by This act,
but his right TO an action Of trsspasa or other
action for damsges shall not be impaired here
by.
sec. 4. and bS IL further. .snastsd, ThS, vhsa