United States Statutes at Large/Volume 4/21st Congress/1st Session/Chapter 153
Chap. CLIII.—An Act to provide for the appointment of a solicitor of the treasury.
Solicitor of treasury.
Powers and duties.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be appointed, by the President of the United States, by and with the advice and consent of the Senate, some suitable person, learned in the law, to be solicitor of the treasury; and that all and singular the powers and duties which are by law vested in, and required from, the agent of the treasury of the United States, shall be transferred to, vested in, and required from, the said solicitor of the treasury; and the said solicitor of the treasury shall also perform and discharge so much of the duties heretofore belonging to the office of commissioner, or acting commissioner of the revenue, as related to the superintendence of the collection of outstanding direct and internal duties.Charge of lands, &c. And the said solicitor shall have charge of all lands and other property which have been or shall be assigned, set off, or conveyed to the United States, in payment of debts, and of all trusts created for the use of the United States, in payment of debts due them; and to sell and dispose of lands assigned, or set off to the United States, in payment of debts, or being vested in them by mortgage, or other security for the payment of debts;Release of lands, &c. and in cases where real estate hath already become the property of the United States by conveyance, extent, or otherwise, in payment of a debt, and such debt hath been fully paid, in money, and the same hath been received by the United States, it shall and may be lawful for the solicitor of the treasury to release by deed, or otherwise convey the same real estate to the debtor from whom it was taken, if he shall be living, or if such debtor be dead, to his heirs or devisees, or such person as they shall appoint.
Papers of treasury agent transferred.
Direct taxes, &c.
Returns and reports.Sec. 2. And be it further enacted, That the Secretary of the Treasury shall cause to be transferred to the solicitor of the treasury, all books, papers, and records, belonging to or appertaining to the office of agent of the treasury, or belonging and appertaining to the superintendence of the collection of outstanding direct taxes and internal duties; and the comptroller of the treasury, and all other officers, who have heretofore been required to cause accounts to be stated and certified, or to make out or forward lists, returns, reports, or statements, to the agent of the treasury, are hereby required to cause such accounts to be stated and certified, and such lists, returns, reports, and statements, to be made and forwarded to the solicitor of the treasury; and all lists, returns, reports, and statements, respecting outstanding direct taxes, and internal duties, heretofore required to be made to the commissioner or acting commissioner of the revenue, shall hereafter be made to the said solicitor of the treasury.
Statements by collectors of bonds delivered for suit.Sec. 3. And be it further enacted, That whenever any bond for duties shall be delivered to a district attorney for suit, the collector so delivering the same shall immediately give information thereof to the solicitor of the treasury, with a full and exact description of the date of such bond, the amount due thereon, and the names of all the obligors thereto; and the solicitor of the treasury shall thereupon make such entry thereof as that the said attorney may duly appear chargeable therewith, until the amount thereof shall have been paid to the United States, or he shall have obtained judgment thereon, and delivered execution to the marshal, or shall otherwise have been duly discharged therefrom:Statements by district attorneys, of suits pending and decided.
Comparison of statements, and of reports thereon. and the several district attorneys of the United States shall, immediately after the end of every term of the circuit and district courts of the United States, in their respective districts, forward to the solicitor of the treasury a full and particular statement, as well of all cases in which the United States are party, which are pending in said courts, as of those which may have been decided during such term, accompanied by a certificate of the clerk of such court; and it shall be the duty of the solicitor of the treasury to make constant and strict comparisons and examinations of the said returns of the district attorneys, and of the reports made by the collectors of bonds delivered to the attorneys for suit; and if it shall appear that any collector shall make return of any bond as in suit, or delivered for suit, which is not, at the time, in suit, or delivered for suit, or shall return any bond as in suit, for the whole amount thereof, when part thereof has been paid to him, or as in suit for more than is actually due thereon, the solicitor of the treasury shall, immediately upon discovery thereof, communicate the same to the President of the United States; and it shall further be the duty of each collector to accompany his return for the last quarter of every year with a particular account of bonds in suit, stating the amount actually unpaid on each; and to the truth of such account he shall certify on oath.
Statements of suits for fines, seizure, &c.Sec. 4. And be it further enacted, That when any suit or action for the recovery of any fine, penalty, or forfeiture, shall be instituted or commenced, a statement of such suit or action shall be immediately transmitted to the solicitor of the treasury, by the attorney instituting the same; and whenever any seizure shall be made for the purpose of enforcing any forfeiture, the collector or other person causing such seizure to be made, shall, in like manner, immediately give information thereof to the solicitor of the treasury.
Instructions of attorneys, marshals, and clerks.Sec. 5. And be it further enacted, That the said solicitor shall have power to instruct the district attorneys, marshals, and clerks of the circuit and district courts of the United States, in all matters and proceedings, appertaining to suits in which the United States is a party, or interested, and cause them or either of them, to report to him from time to time, any information he may require in relation to the same.
Report of moneys recovered.Sec. 6. And be it further enacted, That all moneys recovered or collected by the solicitor of the treasury, or under his direction, shall be reported by him to the officer from whom the bond or other evidence of debt was received, and proper credit be given therefor; and he shall report in like manner all credits allowed by due course of law, on any suits under his direction.
Rules for the government of collectors, &c.Sec. 7. And be it further enacted, That it shall be the duty of the solicitor of the treasury, with the approbation of the Secretary of the Treasury, to establish such rules and regulations, not inconsistent with law, for the observance of collectors, district attorneys, and marshals respecting suits in which the United States are parties, as may be deemed necessary for the just responsibility of those officers, and the prompt collection of all revenues and debts and accruing to the United States.
Accounts of suits.Sec. 8. And be it further enacted, That it shall be the duty of the solicitor of the treasury to obtain from the several district attorneys of the United States, full and accurate accounts of all causes and actions pending in the courts of the United States, in which the United States shall be plaintiffs, on the fourth day of July next; and shall cause an Abstract of the same.intelligible abstract thereof, showing the names of the parties in each suit, the cause of action, the time of its commencement, and such other matters as may be necessary to full information respecting the same, to be prepared and laid before Congress at the commencement of the next session.
Clerk to be transferred.Sec. 9. And be it further enacted, That the Secretary of the Treasury be, and he hereby is, authorized to transfer one of the clerks now employed in the office of the fifth auditor, to the office of solicitor of the treasury; and the said clerk shall continue to receive the same salary as at present.
Attorney general to advise, &c.
Additional salary, 500 dolls.Sec. 10. And be it further enacted, That it shall be the duty of the attorney general of the United States, at the request of said solicitor, to advise and direct the said solicitor as to the manner of conducting the suits, proceedings, and prosecutions aforesaid; and the attorney general shall receive, in addition to his present salary, the sum of five hundred dollars per annum.
Salary of solicitor, $3500.
Clerk, $1150.
Messenger, 500 dollars.
Postage free.Sec. 11. And be it further enacted, That the solicitor of the treasury shall receive an annual salary of three thousand five hundred dollars, and be authorized to employ, with the approbation of the Secretary of the Treasury, one clerk, who shall receive a salary of eleven hundred and fifty dollars per annum; and one messenger, with a salary of five hundred dollars per annum. All letters to and from the solicitor of the treasury, relating to the duties and business of his office, shall be transmitted by mail free of postage.
3500 dollars appropriated.Sec. 12. And be it further enacted, That the sum of three thousand five hundred dollars be, and the same hereby is, appropriated for the payment of the said salaries for the present year; to be paid out of any money in the treasury not otherwise appropriated.
Approved, May 29, 1830.