New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-01

| partment, a warrant of attachment may is
sue against all real and personal property
and Il gal and equitable rights belonging t
such officer, agent, or employe, and hi
sureties, or either of them, IN the following
cases.
First-When such officer, agent, or EN-
ploye, and hfs sureties, or either of them, Ii
| a nonresident of the district where sucE
officer, agent, or elnploye was appointed, o.
| has departed from such district tor the pur
pose OF permanently residing out OF the
same, or of tefrauding the United States
1 or of avoiding the service of civil process
| Second-When such officer, agent, or EN-
| ploye, and his sureties, or either OF them
| has conveyed away, or is about to convey
away, his property, or any part thereof OF
has removed, or ia about to remove, the
same, or any part thereof, from the district
wherein it is situated, with intent to de-
fraud the United States
And when any such property has been
removed, certified copies of the warrant may
be sent to the marshal OF The district into
which the same has been removed, under
which certified copies he may seize said
property and convey it to some convenient
point within the Jurisdiction of the court
from which the warrant originally issued
And alias warrants may be issued IN such
cases upon due application, and the validity
of the warrant first issued shall costume
until the return day thereof.
SEC. 3l9. That application for such war
rant of attachment may be made by any
district or assistant district attorney, or by
any other person authorized by the Post
master General, before the judge, or, in his
absence, before the clerk of any court OF
the United States having original Jurisdic-
ton of the cause of action. And such APP
plication shall be made upon an affidavit of
the applicant, or some other credible per
son. stating the existence of either of the
grounds of attachment enumerated in the
preceding section, and upon production of
legal evidence of the debt.
Sec. 800. That upon any such applica-
ton, and upon due order of any judge of
the court, or, III his absence, without such
order, the clerk shall issue q warrant for
the attachment of all the property of any
kind belonging to the. person specified in
the affidavit, which warrant shall be exc
cuted with all possible dispatch by the
marshal, who shall take the property at
tached if personal, into his custody, and
hold the same subject to all interlocntory
or final orders of the court.
SEC. 32l. That any time within twenty
days before the return day of such warrant,
the party whose property is attached may,
on giving notice to the district attorney OF
his intention, file a plea in abatement,
traversing the allegations of the affidavit
y
attached to be in the defendants, or either
of them, in which case the court may, upon
application of either party, order an imme-
Mate 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. Any party claiming ownership of |
the property attached. and specific return
thereof shall be confined to the remedy |
herein afforded, but his right to an action
of trespass, or other action for damages, |
shall not be impaired hereby.
SEC. 1872. That when the property at
tached shall be sold on an interlocutory |
order of the court, OF when it shall be pro- |
ducing any revenue, the money arising |
from such sale or revenue shall be invested |
in securities OF the United States, under |
the order of the court, and all accretions
shall be held subject to the orders of the
same.
SEC. 1913. That Immediately upon the exc
outiOn of any such warrant of attachment
the marshal shall cause due publication
thereof to be made, in case of absconding |
1ebtors for two months, and of nOn-resi-
tents for four months. The publication
hall be made in some newspaper published
n the district where the property is stu
ete, and the details thereof shall be regu-
ated by the order under which the warrant
5 issued.
Sec. 324. That after the first publication
II such notice of attachment as required
" law, every person indebted to, or having
possession of any property belonging to the
aid defendants, or either OF them, and hay
ng knowledge of such notice. shall account
nd answer for the amount of such debt,
nd the value of such property; and any
disposal or attempt to dispose of any such
property, to the injury of the United States,
hall be illegal and void. And when the
erson indebted to, or having possession of
he property of, such defendants. or either of
hem, shall be known to the district attOr-
ey or or marshal, such officer shall see that
ersOnal notice of the attachment is served
pom such person; but the want of such
office shall not invalidate the attachment.
SEC. 325 That upon application of the
arty whose property has been attached, |
ne court, or any judge thereof, may dis
barge the warrant of attachment as to the |
roperty of the applicant, provided such
ppicant shall execute to the United States
good and sufficient penal bond, in double
le value OF the property attached, to be
pproved by judge of the court, and with
ondition for the return of said property, 1
: to answer any Judgment which may be
,ndered by the court in the premises.
Sec. 1876. That nothing herein contained |
lall be construed to limit or abridge, in
~ manner, such rights of the United States
J have accrued or been allowed in any dis.
let under the former practice of, or the
ioption of State laws by, the United States
,urts
SEC. 327. That the following acts and
srts of acts and resolutions and parts of
solutions are hereby repealed, but such
peal shall not be construed to affect or
tend to any crimes or offenses heretofore
mmitted, and which are punishable under
y law hereby repealed; but all such
ines and otfenses shall be prosecuted, de-
rmined and punished according to the
id laws, the same as If this act had not .
ssed, nor shall such repeal he construed .
affect any appointment to office, or any A
ntract, debt or demand under or by yir- .
G of the said laws, but all such appoint
=nts, contracts, debts and demands shall A
We full force and effect, the same as if q
is act had not passed. That thereferences
the said acts hereby repealed are to the n
me- as contained in the edition of the Stat
os at Large, published by Little, Brown q
Company, under and by virtue Of the ].
solution of March three eighteen hun a
ed and forty-fTe, and the continuation A
1reof. a
of March 8, 1891. chapter %, volume
i, page 2l8, in part, namely, section 2. A
of May 8, 1894, chapter %, volume /,
Dage 354, in part, namely, sections 9, 3, A. A
i, 81, 8, 9, 10, !, u, 10, IA, Is, 16, IL, 18,
9, 90, q, p, %. a, Is, &C. q and g. Al
of March 3, 1897, chapter 10, volume l.
age 500, in part, namely, sections 4, S, 6, A.
of June %, 1898, chapter Sc, volume /,
Of March ., 1893, chapter 43, volume /, -
age 1888. A,
Of December Is, 1900. chapter i, volume a.
page IS, In part, namely, sections |, and Al