New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-04-19

1Is(1i attqs.a 3 1ze
- 1f6fs1t dsSaasas. Wafving ~,
koWever, nd asoamling that tho usnlner q
/ sodFuro spoken q "a t6e return - The var
rant and mouftiOn wao the same - that d,
ecxi9od n tho report to It's district attorney
~ axe q opinion the seisure was good ana
elective, sufficient to give the court juris'
dictiOn over the property:
| Il the duty Of the President to cause the
seizure Of all the estate property, money
stocks, credits, and effects Of the persons do-
scribed, and in order to secure the conoem-
nstion and sale Of such property, aiter its
seizurc. directed judicial proceedings, IN
rem. to be instituted. 1t cOntemplate9
that every kind of property mentioned
could be seized effectual!y in some mode.
It had in view not only ..; !ans'g,e paop1
stocks and credits; hut it gave NO directions
respecting the mode Of seizure. Its, there
fore. : fair conclusion that the mode was
intended to be such "a is adapted to the ma
ture Of the property directed to be seized and
s. use in courts Of revenue and admiralty.
The modes of seizure must vary. Lands
can nOt-be seized ~ movable chattels may.
Actual manucapti0n cah not he taken OF
stocks and credits. But it does not follow
seized, within the. meaning of the act Of
Congress. Seizure may either be actual or
constructive. 1t does not always involve
taking into manual possession. Even in
case Of chattels movable, taking part OF the
goods in q house, under f. "a, in the
name Of the whole, 10 q good seizure of all.
Is East, 474l An assertion of control, with
y present power and intent to exercise 1t, Is
sufficient. We are told there 10 NO statute
in Michigan that authorizes the service OF
mesne process upon corporation for the
attachment Of it's stock. Be it so. That
does not show that stocks can not be seized
or attached when Congress orders seizure.
Federal officers and federal courts are not
dependent upon State legislation for power
to lay hold Of property. Can it be that the
government may seize credits and CORPORA
ton stocks Of public enemies in these States
where provision is made by State legisla-
ton for modes of seizure of such property,
but may not seize similar property of the
are NO suoh statutesi There Is, however,
such thing % seizure Of corporation stocks
in Michigan ON final process, effected by
service Of copy Of the writ on an officer
of the corporation. and similar modes of
seizure are in use in most, If not in all Of
the States. Garnishment almost every
where exists. What IL that bat substantial
attachment 1t arrests the property in the
hands of the garnishee, interferes with the
owners OF creditors control over it, sub
jects it to the Judgment Of tho court, and,
all cases where the garnishee is . debtor,
or where the punishment 10 Of stocks, it is
effected BY giving notice upon tho debtor.
or corporation. A corporation holds its
stock, as quasi trustee, for its stockholders.
The service of an attachment, though 1t 10
but notice, binds tho debt or the stock in
the hands Of tire garnishee, from the time
of the service, aud tlRnceforward it is
potentially in ''grenio legis." The statute
declares thst proceedings TO confscate shall
conform e nearly a may be, to proceedings
in admiralty or revenue cases. Now, 1t Is
legitimate in certain proceedings in courts OF
admiralty to attach credits and effects Of
such an intangible nature that they can
not be taken into actual possession by the
marshal, and the mode Of attachment 10 by
notice, dependent upon NO statutory enact
ment t4anrO We. Almeida. 10 Wheat,
1928. In that case reference was made
approvingly to Clerke's Praxis, BY Hall, tit.
3D. p. 20, where it appears that it is con-
in cases where there 10 no property which
the officer can attach by manucspti0n, to
attach goods or credits in the hands of third
persons, By means Of he simple service Of q
notice. The language Of this court was, that
s.as goods and credits, in tho hands Of third
person, wherever situated, may be attached
BIZ notice, there can not be reason assigned
why the goods themselves, If accessible.
should not be actually attached, and
although it is very clear that the process of
attaching by notice seems given a. the al
access to the goods themselves, yet all this
may be confded to tho discretion Of the
Judge who orders the process" wide also
Conk. Ad. Prac., 478; Smith vs.. Min, Abb.
Ad: 373, and our admiralty rules, and 5.)
These are, indeed, proceedings to compel
appearance, but they arc, nevertheless, at
tachments or seizures, bringing the subject
seized within the control of tho court, and,
what is Of primary importance. they show
things intangible, - stock and credits, arc
attached BY notice h tie debtor or holder,
without the aid Of any statute.
1t was in this mode, known to the courts,
and dependent ON mo- statute, that the
marshal seized the stock Of the plaintiff in
error, It is impossible for US to hold that
his act was no sufficient seizure.
A single observation moro upon this part
Of the case. The eighth and fourteenth
sections of the oct Of 1862 empowered the
courts to mako orders and DEGREES, to issue
process and do Ill other things necessary to
fitly and efficiently carry out the purposes Of
the act, which were to seize and 'cOnfscate
inter alia) stocks and credits. Under this
authority the court might have made an
order. had it boon necessary, prescribing ~
the mode Of seizure precisely what the
marshal did. And If 20, it would be difficult
to maintain that, in proceeding to adjudicate
upon the stocks, there was recognition Of
the marshars action as valid seizure
equivalent to an antecedeDt order thus to
seize. The decree expressly declared that
the stocks had been seized.
The second assignment Of error is, that
there was NO such hearing and proof in the
case ~ was necessary 70 valid decree Of
condemnation. Whether this assignment
is well made must DO determined by the
record That shows an information con-
tanning averments Of Al facts necessary to
warrant . decree Of condemnation. It
shows q warrant and monitor, return Of
seizure and publication Of notice, and . de-
~s-oo RATING firth fhaf the warrant Of rom.