Page:United States Statutes at Large Volume 74.djvu/747

This page needs to be proofread.
[74 Stat. 707]
[74 Stat. 707]
PUBLIC LAW 86-000—MMMM. DD, 1960

74 S T A T. ]

PUBLIC LAW 8 6 - 6 8 2 - S E P T. 2, 1960

"§ 2711. Application for warrant "A United States attorney or assistant United States attorney or a person authorized by the Attorney General— "(1) upon his own affidavit or that of another credible person, stating the existence of either of the grounds of attachments enumerated in section 2710 of this title and "(2) upon production of legal evidence of the debt may apply for a warrant of attachment to a judge, or, in his absence, to the clerk of any court of the United States having original jurisdiction of the cause of action. "§ 2712. Issue of warrant "Upon an order of a judge of a court, or, in his absence and upon the clerk^ own initiative, the clerk shall issue a warrant for the attachment of the property belonging to the person specified in the affidavit. The marshal shall execute the warrant forthwith and take the property attached, if personal, in his custody, subject to the interlocutory or final orders of the court. "§ 2713. Trial of ownership of property "Not later than twenty days before the return day of a warrant issued under section 2712 of this title, the party whose property is attached, on notice to the United States Attorney, may file a plea in abatement, denying the allegations of the affidavit, or denying ownership in the defendant of the property attached. The court, upon application of either party, shall order a trial by jury of the issues. Where the parties, by consent, waive a trial by ]ury, the court shall decide the issues. A party claiming ownership of the property attached and seeking its return is limited to the remedy afforded by this section, but his right to an action of trespass, or other action for damages, is not impaired.

    • § 2714. Investment of proceeds of attached property

"When the property attached is sold on an interlocutory order or is producing revenue, the money arising from the sale or revenue shall be invested, under the order of the court, in securities of the United States. The accretions therefrom are subject to the order of the court. "§ 2715. Publication "The marshal shall cause publication of an executed warrant of attachment— "(1) for two months in case of an absconding debtor, and " (2) for four months in case of a nonresident debtor in a newspaper published in the district where the property is situated pursuant to the details of the order under which the warrant is issued.

    • § 2716. Personal notice

"After the first publication of the notice of attachment, a person indebted to, or having possession of property of a defendant and having knowledge of the notice, shall answer for the amount of his debt or the value of the property. Any disposal or attempted disposal of the property, to the injury of the United States, is unlawful. When the person indebted to, or having possession of the property of a

'^^'^