Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1873-03-01
LAWS OF THE UNITED STATES,
Passed at the Second Session of the Forty |
Second Congress.
IPUBLiSEED BY AUTHORITY
GENERAL NATURE. No. 1851

GENERAL NATURE. No. lis.
AN ACT to revise, consolidate, and amend the
statutes relating. to the Post Office Depart
ment.
CONTINUED
Sec. $40. That application for such warrant OF
attachment may be made by any district or as
sistant district attorney, or by any other person
authorized by the Postmaster General, before
the Judge or, in his absence, before the clerk of
any court of the United States having original
jurisdiction of the cause of action. And such
application shall be made upon an affidavit OF
the applicant, or some other credible person,
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 $40. That upon any such application, and
upon due order of any judge of the court, or, in
his absence, without such order, the clerk shall
issue warrant for the attachment of all the
property of any kind belonging to the person
specified in the affidavit, which warrant shall be
executed with all possible dispatch by the mar
shall, who shall take the property attached, II
personal, into his custody, and hold the same
subject to all nterlocutory or final orders OF the
court.
Sec SOL That any time within twenty days
before the return day of such warrant the par
| ty whose property is attached may, on giving
| notice to the district attorney of his intention,
| file plea in abatement, traversing the alega-
| tions of the affidavit or denying the ownership
of the property attached to be in the defendants,
or either Of them, in which case the court may,
| upon application of either party, order an i'm
mediate trial by jury of the issues raised by the
affidavit and plea but the parties may, by con-
sent waive 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 dam
ages, shall not be impaired hereby.
Soc 800 That when the DrODertV attached
shall be sold on an introductory order of the
court or when it shall be producing any reve-
nue., the money arising from such sale or reve-
nue. shall be invested in securities Of the United
States. under the order of the court, and all ac
cretons shall be held subject to the orders ofthe
same.
Sec. 323 That Immediately upon the execu-
| ton of any such warrant of attachment, the
marshal shall cause due publication thereof to
be made, in case of ascending debtors for two
months, and of non-residents for four months.
The publication shall be made in some newspa-
per published in the district where the property
is situate and the details thereof shall be regu-
lated by the order under which the warrant IS
issued.
Sec 32i That after the first publication of
such notice of attachment as required by law,
every person indebted to, or having session
| of any property belonging to, the said defend
ants, or either of them, and having knowledge
| of such notice, shall account and answer for the
amount of such debt, and the value of such
property; and any disposal or attempt to dispose
| of any such property, to the injury OF the
when the person indebted to, or having posses
| sion of the property of, such defendants, or
either of them, shall be known to the district
attorney or marshal, such officer shall see that
personal notice of the attachment is served upon
| such person; but the want of such notice shall
not in validate the attachment.
| Sec. 325 That upon application of the party
| whose property has been attached, the court, or
| any Judge thereof may discharge the warrant of
attachment as to the property of the applicant
| provided such applicant shall execute to the
United States good and sufficient penal bond,
| in double the value of the property attached to
| be approved by judge of the court, and with
condition for the return of said property, or to
answer any judgment which may be rendered
| by the court in the premises.
| Sec 326. That nothing herein contained shall
be construed to limit or abridge, in any manner,
| such rights of the United States as have accrued
| or been allowed in any district under the former
practice Of or the adoption of State laws by, the
United States courts. .f
| See. 327. That the following acts and parts
of acts and resolutions and parts of resolutions
are hereby repealed, but such repeal shall not
be construed to affect or extend to any crimes or
offenses heretofore committed, and which are
punishable under any law hereby repealed; but
all such crimes and offenses shall be prosecuted,
determined and punished according to the said
laws, the same as if this act had not passed nor
shall such repeal be construed to ahecy any ap-
pointment to Office, or any contract, debt, or de-
mand under or by virtue of the said laws, but
all such appointments, contracts debts, and de-
mands shall have full force and effect the same
as if this act had not passed. Thatthe references
to the said acts hereby repealed are to the same
: as contained in the edition of the Statutes at
Large, published by Little, Brown, and Com
pany, under and by virtue of the resolution of
March three, eighteen hundred and forty-fve,
and the continuation thereof
|
ct of March 8, 1871, chapter %, volume /, page
2l8, in part, namely. section
May g. 1894. chapter %, volume 1, page
354, in part, namely, sections 2, 8, A, s, 6,
rs, 9, 10, II, IL, 49, IA, Is, 16. H. 18, 10,
90 81 % % d o. 2f d and %