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25 F«b. 1839. tarily appear thereto, it shall be lawful for the court to entertain jurisdiction, (a) and proNon-joinder of

ceed to the trial and adjudication of such suit, between the parties who may be properly pon-resident de- before it ;(6) but the judgment or decree rendered therein shall not conclude or prejudice

other parties, not regularly served with process, or not voluntarily appearing to answer; Not to prejudice, and the nonjoinder of parties who are not so inhabitants, or found within the district,

shall constitute no matter of abatement, or other, obiection to said suit.


abate writ.




III. DISTRESS WARRANTS. 1. Accounts to be settled in the treasury.

13. Controller to state and certify accounts of defaulting officers. 2 To be kept in decimal currency.

Warrant of distress to be issueil against delinquent and his sura 2. Oficers to account quarterly. If resident abroad, half-yearly. ties. Marshallo levy and collect amount due. Notice of sale. If in. 4. In default. to be reported and dismissed.

sufficient, delinquent to be arrestel. Proceedings against sureties. 6. Securities not to be impaired.

Lien of balance. Lands may be levied on. Notice of sale. Deed.

Overplus to be returned. Not to affect suretles retrospectively. II. PROCEEDINGS AGAINST PUBLIC DEBTORS.

14. Disbursing officers in the civil, military and naval depart

ments, to be liable to the like proceedings. When proceedings 6. Suits to be brought against public debtors. Forfeiture of may be postponed. commissions, and interest.

15. Proceeilings by party aggrieved. Injunction may be issued. 7. Transcripts to be evidence. Copies of bonds, contracts, &c. Security to be given. Lien not to be impaired. Damages, where When original to be produced

proceedings are had for the purpose of delay. 8. Jnu ment to be entered in default of affidavit of defence. 16. Injunctions may be yranted in or out of court. 9. Wh:n crelits to be disallowed.

17. Appeal to judge of the supreme court. 10. Priority of the United States in case of insolvency.

18. Duties of district attorveys. 11. Executions to run into other districts.

19. Duties of clerks of courts And of marshals. 12. Other reincdies not to be impaired.

20. Other remedies uut to be in paired.

3 Stat. 366.

Accounts to be


3 Stat. 723.

Officers to 80

If resident

In default. to be

I. ADJUSTMENT OF PUBLIC ACCOUNTS. 3 March 1817 22. 1. All claims and demands whatever, by the United States or against them, and all

accounts whatever, in which the United States are concerned, either as debtors or as

creditors, shall be settled and adjusted in the treasury department. 2 April 1792 2 20. 2. The money of account of the United States shall be expressed in dollars or units, 1 Stat. 250.

dismes or tenths, cents or hundredths, and milles or thousandths, a disme being the tenth

part of a dollar, a cent the hundredth part of a dollar, a mille the thousandth part of a kept in decimal

dollar; and all accounts in the public offices and all proceedings in the courts of the

United States shall be kept and had in conformity to this regulation. 31 Jan. 1823 2. 3. Every officer or agent of the United States, who shall receive public money which

he is not authorized to retain, as salary, pay or emolument,(c) shall render his accounts

quarter-yearly to the proper accounting officers of the treasury, with the vouchers necescouut quarterly.

sary to the correct and prompt settlement thereof, within three months, at least, after the

expiration of each successive quarter, if resident within the United States; and within abroad, halfyearly.

six months, if resident in a foreign country:{d) Provided, That nothing herein contained shall be construed to restrain the secretaries of any of the departments from requiring such returns from any officer or agent, subject to the control of such secretaries, as the

public interest may require. Ibid. 23.

4. Every officer or agent of the United States, who shall offend against the provisions

of the preceding sections, shall, by the officer charged with the direction of the departreported and dis- ment to which such offending officer is responsible, he promptly reported to the president

of the United States, and dismissed from the public service: Provided, That in all cases, where any officer, in default as aforesaid, shall account to the satisfaction of the president for such default, he may be continued in office, anything in the forogoing provision to

the contrary notwithstanding. Ibid. 24. 5. No security given to, or obligation entered into, with the government, shall be in Securities not to anywise impaired, by the dismissing any officer, or from failure of the president to disbe impaired. miss any officer coming under the provisions of this act.

II. PROCEEDINGS AGAINST PUBLIC DEBTORS. 3 March 1797 21. 6. When any revenue officer, or other person accountable for public money,(e) shall


neglect or refuse to pay into the treasury the sum or balance reported to be due to the (a) Where there are three joint indorsers, and the process is (C) By act 3 March 1849, all public moneys are to be paid into served on two of them, under this act, the suit may be prosecuted tho treasury without abatement. See tit. " Public Moneys," 1. against the two. And a plea in abatement cannot be retained, on (d) See act 3 March 1795, 91, requiring suits to be brought the ground that the other joint indorser is a citizen of another again all persons who neglect to account after being duly notidistrict. Cooper v. Gordon, 4 McLean, 6.

fied; and providing that such parties shall be subject to costs (b) The court cannot make a decree in the absence of an indis. whether the ultimate decision be for or against thom. 1 Stat. pensable party, whose rights must necessarily be affected; as in 411. And see 2 Opin, 300. & bill to rescind A contract. Shields v. Barrow, 17 Ilow. 130, 110. (e) A public officer who receives money in advance for the con11-rn.lon v. Ridgway, Ibid. 424. North Indiana Railroad Co. v. tingencies of his office, is a receiver of public money, within the Michigan Central Railroad Co., 15 Ibid. 233.

United States v. Lee, 2 Cr. C. C. 462. The official bond of a of Vicksburg 1. Slocomb, 14 Pet. 60. Tobin v. Walkinshaw, 5 Am. public officer does not extinguish the simple contract arising on L. R. 108-9. Greene v. Sisson, 2 Curt. C. C. 171. Coiron v. Millau- his receipt of money. Waltou v. United States, 9 Wh. 651. don, 19 IIow. 113.

1 Stat. 512.

Commercial Bank



Onited States upon the adjustment of his account, it shall be the duty of the comptroller, 3 March 1797. and he is hereby required to institute suit for the recovery of the same, adding to the suits to be sum stated to be due on such account, the commissions of the delinquent, which shall bracht ist be forfeited in erery instance where suit is commenced, and judgment obtained thereon, forfeiture of command an interest of six per cent. per annum from the time of receiving the money, until mi-sions, and it shall be repaid into the treasury.

7. In every case of delinquency,(a) where suit has been, or shall be instituted, (2) Ilid. 2 2. a transcript from the books and proceedings of the treasury (c) certified by the register, (d) Transcripts to jo and authenticated under the seal of the department, (e) shall be admitted as evidence,(9) evidence. and the court trying the cause shall be thereupon authorized to grant judgment and award execution accordingly. And all copies of bonds, contracts or other papers relat- Copies of bonds, ing to or connected with the seitlement of any account between the United States and contracts, &c. an individual, when certified by the register to be true copies of the originals on file, and authenticated under the seal of the department as aforesaid, may be annexed to such transcripts, and shall have equal validity, and be entitled to the same degree of credit, which would be due to the original papers, if produced and authenticated in court: Prorided, That where suit is brought upon a bond, or other sealed instrument, hen original to and the defendant shall plead “non est factum,” or upon motion to the court, such plea be produced. or motion being verified by the oath or affirmation of the defendant, it shall be lawful for the court to take the same into consideration, and (if it shall appear to be necessary for the attainment of justice) to require the production of the original bond, contract or other paper specified in such affidavit. 8. Where suit shall be instituted against any person or persons indebted to the United

Ibid. 2 3. States, as aforesaid, (h) it shall be the duty of the court where the same may be pending, Judyment to be to grant judgment at the return term, upon motion, unless the defendant shall, in open entered in de court, (the United States attorney being present,) make oath or affirmation that he is of defence. equitably entitled to credits (i) which had been, previous to the commencement of the suit, submitted to the consideration of the accounting officers of the treasury, and rejected; specifying each particular claim so rejected, in the affidavit; and that he cannot then come safely to trial. Oath or affirmation to this effect being made, subscribed and filed, if the court be thereupon satisfied, a continuance, until the next succeeding term, may be granted; but not otherwise, unless as provided in the preceding section.

9. In suits between the United States and individuals, no claim for a credit shall be Ibid. 4. admitted upon trial but such as shall appear (k) to have been presented to the account- When credits to ing officers of the treasury for their examination, and by them disallowed,(l) in whole be disallowed. or in part, unless it should be proved to the satisfaction of the court that the defendant is, at the time of trial, in possession of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for such credit, at the treasury, by absence from the United States, or some unavoidable accident.(m)

10. Where any revenue officer or other person (n) hereafter becoming indebted to the Ibid. 25. (a) Extended to the trial of indictments for the embezzlement (h) This section does not extend to suits brought hy the l'nited of public moneys, by act 6 August 1846.2 16. 9 Stat. 63.

States, as indorsees of promissory notes. United States r. LlakThis is not restricted to cases where suits are commenced Jock, 2 Cr. C. C. 166. And i: is limited to cases in which the prin. under the authority given by the first section of the act, but ap- cipal debtor is a party to the action. United States r. Lyen, 2 plies to all cases where the evilenee is required. United States McLean, 219. 1. Lent, 1 Paine, 417. See Waltep v. United States, 9 Wh. 651. (i) The defendant is entitled to the benefit of any credit in his Smith r. United States, 5 Pet. 292.

favor, whether arising out of the particular transaction for which (c) The act requires a transcript of the items, not a statement he is surd. or out of distinct and independent transactions, whih of a balance in roms. United States v. Jones, 8 Pet. 375. Hoyt constitute a legal or equitable set-off, in whole or in part of the t. Cuited States, 10 How. 109. United States v. Brenneman, Gilp. debt sued for by the United States. United States 2. Wiikins, 6 41. United States v. Edwards, 1 McLean, 467. Duly certitied Wh. 135. But a clair for unliquidated dannges, or a cluim of copies of the vou hors under which payments were made to third which the defendant has become the equitable owner by a-siun. persone by the authority of the defendant, ought to be annexod; ment, cannot be allowed as a credit, in an action against a receiver that authority not being otherwise within the personal knowledge of pullie money. United States r. Roboson, 9 Pet. 319. And 6:*8 of the accounting officers. United States v. Jones, 8 let. 375. A United States r. Bank of the Metropolis, 15 Ibid. 377. United contractor's nerount adjusted by the proper accounting officers, Statos r. Jarvis. Daveis. 274. United States v. Mann, 2 Brok. 9. and duly certified and authenticated, is evidence not only of United States v. Dural, Gilp. 357. There is nothing in this net money advanced to the contractor, but of money disbursed by which probibits the defendant, in an action against him by the officers of the army for provisions, in consequence of the con- United States, from having allowed to him, by way of set-off. a tractor's failure to comply with his contract. United States v. larger sum than the United States are speking to recover. Reeside's Griffith, 2 Cr. C. C. 366. Credits which were claimed and rejected Executrix r. United States, Dev. C. C. 100. peed not be certified. United States v. Hodge, 13 How. 478. And (k) That the credits clained have been presented and disallowed, Eve Coited States v. Vanzandt, 2 Cr. C. C. 338. United States v. must be shown by the defendant. United States v. Martin. 2 Buford. 3 Pet. 12. Cox v. United States, 6 Ibid. 172.

Paine, 69–70. It must appear by the transcript from the books (d) Extended to the second and third auditors, by act 3 March and procredings of the trensury. United States t. Brennemuu, 1817, 11, 3 Stat. 167, so far as to empower them to authenticate Gilp. 48. See United States v. Prentice, 6 Mclean, 65. trans-ripts from the accounts in the war and nary departments. (1) The jury may pang upon a claim rejected after the instituBut they are not authorized to certify copies of bonds, &c.; under tion of the suit. the subsequent clause of this section; this duty must still be pension of a claim for a credit, by the arcounting others, is not a performed by the register. United States v. Griffith, 2 Cr. C. C. disallowance. United States 7. Duval, Gilp. 357.

(m) See United States v. Giles, 9 Cr. 212. Walton v. United (@) The signature of the secretary of the treasury is not neces. States, 9 Wh. 661. United States v. Lent, 1 Paide, 417. United Rary; it is the seal of the department that gives autbepticity to Stati8 r. Ingersoll, Crabbe, 135. United States v. Smith, 5 Am. the certificate. Sunith v. United States, 5 let. 292.

(9) The legislature may establish new rules of evidence, in dero (n) This sertion giving a preference to the United States in gation of the common law, as hy making treasury transcripts evi- cases of insolvency, is not confined to persons accountalle for dence; but the mode of authentication must be strictly pursued. public money, but to all debtors of the United States. United Smith v. United States, 5 Pet. 292. And see Bleecher v, Bond, 3 States 0. Fisher, 2 Cr. 368; 8. C., 1 W.C.C. 4. United States v. W.C. C. 5:29. A treasury transcript, though primi socie, is not State Bank of North Carolina. 6 Pet. 29. And includes corpora conciusive evidence. United States v. Eckforu': Executors, 1 Ilow. tions. Beaston v. Farmers' Bank of Delaware, 12 lbid. 102.

United States r. Hawkins, 10 Pet. 125.

A sug

L. R. 268.


United States in case of insol. Fency.

[ocr errors]

Execution to run into other districts.

not to be im

3 Stat. 592.

Controller to

3 March 1797. United States, by bond or otherwise, shall become insolvent, (a) or where the estate of
Priority of the any deceased debtor, in the hands of executors or administrators, shall be insufficient to

pay all the debts due from the deceased,() the debt due (c) to the United States shall be
first satisfied ;(d) and the priority hereby established shall be deemed to extend, as well
to cases in which a debtor not having sufficient property to pay all his debts shall make
a voluntary assignment thereof, (e) or in which the estate and effects of an absconding,
concealed or absent debtor shall be attached by process of law, as to cases in which an

act of legal bankruptcy shall be committed.
Ibid. ? 6. 11. All writs of execution upon any judgment obtained for the use of the United

States,(9) in any of the courts of the United States in one state, may run and be executed
in any other state or in any of the territories of the United States, but shall be issued
from and made returnable to the court where the judgment was obtained, any law to the

contrary notwithstanding.
Ibid. 27. 12. Nothing in this act shall be construed to repeal, take away or impair any legal
Other remedies remedy or remedies for the recovery of debts now due or hereafter to be due to the

United States, in law or equity, from any person or persons whatsoever, which remedy paired. or remedies might be used if this act was not in force.


13. If any collector of the revenue, receiver of public money, or other officer who shall have received the public money before it is paid into the treasury of the United

States, shall fail to render his account, or pay over the same in the manner, or within state and certify the time required by law, it shall be the duty of the first comptroller of the treasury to faulting Officers. cause to be stated (h) the account of such collector, receiver of public money or other

officer, exhibiting truly (i) the amount due to the United States, and certify the same to Warrant of dis- the agent of the treasury,(k) who is hereby authorized and required to issue a warrant turists to be missued of distress (2) against such delinquent officer and his sureties, directed to the marshal of apsiust

the district in which such delinquent officer and his surety or sureties shall reside,(m)
and where the said officer and his surety or sureties shall reside in different districts, or
where they, or either of them, shall reside in a district other than that in which the
estate of either may be situate, which may be intended to be taken and sold, then such
warrant shall be directed to the marshals of such districts, and to their deputies respect-

ively; therein specifying the amount with which such delinquent is chargeable, and the Marshal to levy sums, if any, which have been paid. And the marshal authorized to execute such war

rant, shall, by himself or by his deputy, proceed to levy and collect the sum remaining
due, by distress and sale of the goods and chattels of such delinquent officer; having
given ten days' previous notice of such intended sale, by affixing an advertisement of
the articles to be sold at two or more public places in the town and county where the

said goods or chattels were taken, or in the town or county where the owner of such If insuMcient, goods or chattels may reside, and if the goods and chattels be not sufficient to satisfy artistent to be the said warrant, the same may be levied upon the person of such officer, who may be

committed to prison, there to remain until discharged by due course of law. NotwithProceedings standing the commitment of such officer, or if he abscond, or if goods and chattels cannot against suretios. be found sufficient to satisfy the said warrant, the marshal or his deputy may and shall

proceed to levy and collect the sum which remains due by such delinquent officer, by the
distress and sale of the goods and chattels of the surety or sureties of such officer; having

quent and bis sureties.

and collect amount due.

Notice of sale.

(n) This means a legal insolvency, not a mere failure, or inability will not defeat the privity of the United States. IIarrison v. to pay debts. Prince r. Bartlett, 8 Cr. 131. Thelusson v. Smith, Sterry, 5 Cr. 289, 301, 2 Wh. 396. United States v. IIooe, 3 Cr. 73.

(g) See United States v. Morris, 10 Wh. 281-2. (b) See Commonwealth v. Lewis, 6 Binn. 266. Postmaster-Gene. (h) The account having been once stated and settled at the ral 1. Robbins, Ware, 163.

trensury department, the law invests the auditor

no power (c) This ineans “owing” to the United States United States to open and resettle it, of his own mere authority. The act . State Bank of North Carolina, 6 Pet. 29. It extends to equita- creates a special and limitel jurisdiction, and after the acrounts ble as well as legal debts. Ilowe v. Sheppard), 2 Suinn. 133. of any of the class of officers on whom it was intended to act, hare

(d) No lien is created by this law; it only gives a priority of been adjusted, however erroneously, that special jurisdiction is payment. United States v. Fisher, 2 Cr. 390. United States v. functus oficio, and any process issued upon a resettlement of such Mochanics' Bank, Gilp. 51. And is not to be so construed as to accounts is absolutely null and void. Ex parte Raudolph, 2 destroy a prior legal lien, acquired by an individual. Thelusson Brock. 418. 1. Sunith, 2 Wh. 396. United States r. Sheriff of Charleston, (i) The introduction of the “truly," indicates the idea that this Bee, 196. United States v. Nicholls, 4 Yeates, 251. Brent v. summary process was to be used only where the true amount Bank of Washington, 10 Pet. 596. Conard v. Atantic Insu- was certainly known to the department. Ex parte Randolph, 2 rance Co., 1 Ibid. 386. The acts giving the United States a Brock. 485. priority of payment supersede all state legislation upon the sub- (k) The statement or certificate, authorized by the act, is not a ject of the distribution of those estates that come within their judgment, and the warrant which coerces payment is not judicial provisions. United States v. Duncan, 4 McLean, 008. And is en- process. They are ministerial acts, (for, otherwise, they could not forcel in the distribution of a bankrupt's effects, although the be sustained.) and the general principle of construction requires debt was contracted by a foreigner in a forein country. Harri- that the authority vested by the act shall be strictly and literally son v. Sterry, 5 Cr. 289. 8. C.. Bee, 214. But it does not give to pursued. Ex parte Randolph, 2 Brock. 448. But the warrant of one part of a dobt due to the United States a priority over any distress, though not a judgment, has the effect of one. Armstrong other part of it. United States v. Cochran, 2 Brock. 274.

v. United States, Gilp. 399. And see United States v. Taylor, 3 (2) It must be an assignment of all the debtor's property. McLean, 539. United States v. IIooe, 3 Cr. 73. Unless a trivial portion has been (1) For form of warrant, see United States v. Nourse, 6 Pet. 472. ornitted for the mere purpose of eva ling the law. Ibid. 91. But These warrants do not conflict with the constitution. Murray's it need not be for the benefit of all the creilitors. United States Lessoo v. Hoboken Land and Improvement Co., 18 How. 272. v. Mott, 1 Paine. 188. If the assignment does not purport to be (m) The warrant is conclusive evidence of the facts recited in a general one, the mus is thrown on the United States of proving it, and of the authority to make the levy, so far as to justify the that it embracel all the debtor': property. Unitou States v. How marshal in making it. Murray's Lessee v llc boxen Land and land, 4 Wh. 108. An assiguient in fraud of the bankrupt law Improvement Co., 18 How. 272.

levied on.

sureties retro

given ten days' previous notice of such intended sale, by affixing an advertisement of 15 May 1820. the articles to be sold at two or more public places in the town or county where the said goods or chattels were taken, or in the town or county where the owner of such goods or Lien of balance. chattels resides. And the amount due by any such officer as aforesaid, shall be, and the same is hereby declared to be, a lien upon the lands, tenements and hereditaments of such officer and his sureties, from the date of a levy in pursuance of the warrant of distress issued against him or them, and a record thereof, made in the office of the clerk of the district court of the proper district, until the same shall be discharged according Lands may be to law. And for want of goods and chattels of such officer, or his surety or sureties, sufficient to satisfy any warrant of distress issued pursuant to the provisions of this act, the lands, tenements and hereditaments of such officer and his surety or sureties, or so much thereof as may be necessary for that purpose, after being advertised for at least Notice of sale. three weeks in not less than three public places in the county or district where such real estate is situate, prior to the time of sale, may and shall be sold by the marshal of such Deed district or his deputy ;(a) and for all lands, tenements or hereditaments sold in pursuance of the authority aforesaid, the conveyance of the marshals or their deputies, executed in due form of law, shall give a valid title against all persons claiming under such Overplus to be delinquent officer, or his surety or sureties. And all moneys which may remain of the

returned. proceeds of such sales, after satisfying the said warrant of distress, and paying the reasonable costs and charges of the sale, shall be returned to such delinquent officer or surety, as the case may be: Provided, That the summary process herein directed shall Not to affect not affect any surety of any officer of the United States, who became bound to the United

spectively. States before the passing of this act; but each and every such officer shall, on or before the thirtieth day of September next, give new and sufficient sureties for the performance of the duties required of such officer. 14. If any officer employed, or who has heretofore been employed, in the civil, military,

Ibid. 2 3. or naval departments of the government, to disburse the public money (1) appropriated Disbursing omfor the service of those departments respectively, shall fail to render his accounts, or to come in the givil, pay over, in the manner and in the times, required by law, or the regulations of the noval departdepartment to which he is accountable, any sum of money remaining in the hands of ments, to be liasuch officer, it shall be the duty of the first or second comptroller of the treasury, as the proceedings. case may be, who shall be charged with the revision of the accounts of such officer, to cause to be stated and certified, the account of such delinquent officer, to the agent of the treasury, who is hereby authorized and required immediately to proceed against such delinquent officer, in the manner directed in the preceding section, all the provisions of which are hereby declared to be applicable to every officer of the government charged with the disbursement of the public money, and to their sureties in the same manner, and to the same extent, as if they had been described and enumerated in the said section: Provided, nerertheless, That the said agent of the treasury, with the approbation of the When proceedsecretary of the treasury, in cases arising under this or the preceding section, may post

postponed. pone, for a reasonable time, the institution of the proceedings required by this act, where, in his opinion, the public interest will sustain no injury by such postponement. 15. If any person (c) should consider himself aggrieved by any warrant issued under

Ibid. & 4. this act, he may prefer a bill of complaint (d) to any district judge (e) of the United Procrolings hy States, setting forth therein the nature and extent of the injury of which he complains;

party aggrieved and thereupon the judge aforesaid may, if in his opinion the case requires it, grant an Injunction may injunction (g) to stay proceedings on such warrant altogether, or for so much thereof as the nature of the case requires; but no injunction shall issue till the party applying for the Security to be same shall give bond, and sufficient security, conditioned for the performance of such given. judgment as shall be awarded against the complainant, in such amount as the judge granting the injunction shall prescribe; nor shall the issuing of such injunction in any Lien not to be manner impair the lien produced by the issuing of such warrant. And the same pro

impaired. ceedings shall be had on such injunction as in other cases, except that no answer shall Damages where be necessary on the part of the United States; and if, upon dissolving the injunction, it had for the pur shall appear to the satisfaction of the judge who shall decide upon the same, that the pose of delay.

inys may be

be issued.

(a) The return of the marshal that he had levied on lands, is, Nourse. 9 Pet. 8. at least, primâ facie evidence that the levy was not irregular by (c) This is in the nature of a motion to stay execution on a reason of the existence of goods and chattels of the party subject judginent. and the beginning and conclusion of the argument to his proerse. Murray's Lessee v. IIoboken Land and Improve. are with the debtor. Armstrong r. United States, Gilp. 399. ment Co., 18 liow. 272.

(e) This power is conferred upon the district court, and not upon (b) The act does not apply to every commissioned officer of the the judge as an individual. Porter 2. United States, 2 Paine, 313. army or navy, to whose hands any public money may be in- See United States v. Nourse, 6 Pet. 492-3. trusted, but only to those regularly appointed dishursing officers (9) In such cases, the judge proceeds according to the rules of who may hare given official bonds, with suretier, for the faithful chancery, which apply to injunctions, except that no answer is discharge of the duties of their office; it does not embrace a mere necessary on the part of the government. United States v. Cox, acin purses in the navy. Ex parte Randolph, 2 Brock. 418. 11 Pet. 166. 1 Opin. 694. His decision granting the injunction

(c) The district court has jurisdiction to enjoin, in part or in is final, and bars an action on the account which formed the sub whole. the execution of a treasury warrant of distress, whether ject-matter of the warrant and of the bill of complaint. United the person complaining was, or was not an officer against whom States v. Nourse, 9 Pet. 8. Porter v. United States, 2 Puine, 313 such a warrant might lawfully be issuod. United States v.


Duties of dis

15 May 1820. application for the injunction was merely for delay, in addition to the lawful interest

which shall be assessed on all sums which may be found due against the complainant, the said judge is hereby authorized to add such damages as that, with the lawful interest,

it shall not exceed the rate of ten per centum per annum on the principal sum. Ibid. 25. 16. Such injunctions may be granted or dissolved by such judge, either in or out of Injunctions.

court, Ilid. 26. 17. If any person (a) shall consider himself aggrieved by the decision of such judge, Appeal to judge either in refusing to issue the injunction, or, if granted, on its dissolution, it shall be or lle supreme competent for such person to lay a copy of the proceedings had before the district judge

before a judge of the supreme court, to whom authority is hereby given, either to grant the injunction or permit an appeal, as the case may be, if, in the opinion of such judge of the supreme court, the equity of the case requires it; and thereupon the same proceedings shall be had upon such injunction in the circuit court as are prescribed in the

district court, and subject to the same conditions in all respects whatsoever. Ibid. 27. 18. The attorneys of the United States, for the several judicial districts of the United

States, in the prosecution of all suits in the same, in the name and for the benefit of the trict attorneys. United States, shall conform to such directions and instructions, touching the same, as

shall, from time to time, be given to them, respectively, by the said agent of the treasury.(b) And it shall, moreover, be the duty of each of the said attorneys, immediately after the end of every term of the district and circuit courts, or of any state court, in which any suit or action may be pending, on behalf of the United States, under the direction of any district attorney, to forward to the said agent of the treasury a statement of the cases which have been decided during the said term, together with such information touching such cases as may not have been decided, as may be required by the said

ofäcer. Ibid. 28.

19. It shall be the duty of the clerks of the district and circuit courts, within thirty days after the auljournment of each successive term of the said courts, respectively, to forward to the said agent of the treasury a list of all judgments and decrees which have been entered in the said courts, respectively, during such term, to which the United States are parties, showing the amount which has been so adjudged or decreed for or

against the United States, and stating the term to which execution thereon will be And of marshal. returnable. And it shall, in like manner, be the duty of the marshals of the several

judicial districts of the United States, within thirty days before the commencement of the several terms of the said courts, to make returns, to the said agent, of the proceedings which have taken place upon all writs of execution or other process which have been placed in his hands for the collection of the money which has been so adjudged and

decreed to the United States in the said courts, respectively. Ibid. ? 9. 20. Nothing in this act contained shall be construed to take away or impair any right

or remedy which the United States now have, by law, for the recorery of taxes, debts

or demands. paired.

Duties of clerks of courts.

Other relies not to be im

Acts of Congress.

11. Act of 1818 revived. Publication in newspapers.
12. Indian treaties to be published.


I. PUNLICATION OF THE LAWS. 1. Laws, &c., to be published in newspapers. 2. Annendients to the constitution.

3. Compensation for publication. Deduction for delay. Newspues to be discontinue

4. Arts of congress, &c., to be printed. IIow distributed.
5. Library of congress. Ariny and pavy. Foreign ministers.
ti. States and territories.
7. Contracts fir publication,
8. Kejmalin section.
9. Appropriations.
10 Act of 1812 repealed.

13. Attorney-general to coutract for the statutes at large. Conditious. Additional copies. Security. Approval.

14. Appropriation.

15. How distributed. Oficers to hold the same as the property of the goveruinent.

16. To be evidence.
17. To be furnished to clerks of courts.
18. Auuual statutes to be contracted for.

3 Stat. 139.

1. PUBLICATION OF THE LAWS. 20 April 1819 ? 1. 1. At and during the session of each congress of the United States, the secretary for

the department of state shall cause the acts and resolutions passed by congress at such Laps: &e to be session, to be published, currently as they are enacted, and as soon as practicable, in not published in newspapers. more than one newspaper in the District of Columbia, and in not more than threc (c)

newspapers in each of the several states, and in not more than three (c) newspapers in each of the territories of the United States. And he shall also cause to be published, in

(a) No appeal is given to the United States from a decree award- (c) "Two," hy act 8 August 1816; infra, 11. By resolution of ing no injunction either by this act, or by the act 3 March 1803, 6 August 1852, the Congressional Glohe and Artwndix is to pass (2 Stat. 24+), regulating appeals from the district courts. United free through the mails, so long as published by order of congruss, States 1. Nourse, 6 let. 170. United States c. Cox, 11 Ibid. 162 10 Stat. 147.

(0) See 2 Opiu. 491.

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