Page:United States Statutes at Large Volume 18 Part 1.djvu/248

17 6 Trrmz xm.--THE J UDIC1ARY.—Ch. 18. seizure for fqr- Sec. 923. When any vessel, goods, wares, or merchandise are seized l°"““’ "' °°’t“"‘ by any officer of the customs, and prosecuted for forfeiture by virtue of E'E.°°i;. any law respecting the revenue, or the registering and recording, or the 4 A¤B·· 179*11¤- enrolling and licensing of vessels, the court shal cause fourteen days’ 35;; 1i1’,,é7g· notice to be given of such seizure and libel, by causing the substance of 1 ,,_ 29 vj_ ,,_ 2},8; such libel, with the order of the court thereon, setting forth the time and ,18 Feb., 1793,c. place appointed for trial, to be inserted in some newspaper published 8. ¤- 35. v- 1.1>· 317- near the place of seizure, and by posting up the same in the most public 222 MQ; gggih manner for the space of fourteen days, at or near the place of tria , and p,,_°z’j8 695 ggé ’ proclamation shall be made in such manner as the court shall direct. 'And if no person a pears and claims such vessel, gloods, wares, or merchandise, and givesibond to defend the prosecution thereof and to respond the cost in case he shall not support his claim, the court shall proceed to hear and determine the cause according to law. Attachinent in Sec. 924. In all cases where debts are due from defaulting or delin- 1;***1 $****8- __ uent postmasters, contractors, or other officers, agents, or employes of 23 Feb., mss, c. the Post-Office Department, a warrant of attachment may issue against 47, S- 1. V- 13, pp- all real and personal property and legal and equitable rights belonging ‘*32·433· to such officer, agent, or employe, and his sureties, or either of them, in the following cases: First. When such officer, agent, or employe, and his sureties, or either of them, is a non-resident of the district where such officer, agent, or employe was appointed, or has departed from such district for the purse of permanently residing out of the same, or of defrauding the United States, or of avoiding the service of civil process. Second. When such officer, agent, or employe, and his sureties, or either of them, has conveyed away, or is about to convey away his property, or any part thereof, or has removed or is about to remove the same or any part thereof from the district wherein it is situate, with intent to defraud 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 warra.nt originally issued. And alias warrants may be issued in such cases upon due ap lication, and the validity of the warrant first issued shall continue untii)the return day thereof. Application for Sec. 925. Application for such warrant of attachment may be made 1***5%**9 l’1'*·{h°m by an district or assistant district attorney, or any other person authorwm ff. ized dy the Postmaster—General, before the judge, or, in his absence, 23 Feb-. 1865. ¤- before the clerk of an court of the United States having original juris- 47»“· 2»"·}3» 1*433- diction of the cause ofy action. And such application shall be made upon an affidavit of the applicant, or of 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. d 1¤¤¤i¤s Warrant: Sec. 926. Upon any such application and upon due order of any judge m‘;1_gh‘f, °l""k *“‘d of the court, or, in his absence, without such order, the clerk shall issue —-4.-.-... a warrant for the attachment of all the plroperty of any kind belongin 433 ;`¤1>i»3186i§§· to the person specified in the affidavit, w ic warrant shall be executed lLE;`[;.1];_; with a possible dispatch by the marshal, who shall take the propert Qchroinbncker v. attached, if personal into his custody, and hold the same subject to all R‘°‘lY· 2 D‘“·· 127- interlocutory or final orders of the court. ijlvgsershipofatj Sec. 927. At any time within twenty days before the return day of 5; a1_ oth;??;:;; such warrant, the_ party whose property is attached may, on giving d,,,,,] notice the district attorney of is intention, file a plea in abatement, ·E:;—i__;t;——i8?5T traversing the allegations of the affidavit, or denyingthe ownership of 47’s_3,v_Y3’p_4;,3: the plroperty attac ed to be in the defendants or either of them; in whic case the court may, upon application of either arty, order an immediate trial by jury of the issues raised b the affidavit and plea; but the parties may, b consent. waive a trial, by jury, in which case the court shall decide the issues raised. And any party claimin ownership of the property attached and a specitic return thereof, shall be