When warrant property of debt are due from postmasters, mail-contractors, or other officers, agents, or employees of the Post-Office Department, who are in default or delin- of attachment quency, a warrant of attachment may issue against all property, real and may issue against personal, possessions, and rights legal, equitable, and contingent, belonging ors to Post-Office to such officer and his sureties, or either of them, in the following cases: Department. First. When any such officer, agent, or employee, and his sureties, or either of them, has, within the meaning of the act of July seventeen, lion. eighteen hundred and sixty-two, chapter one hundred and ninety-five, and the proclamation of the President in pursuance thereof, dated the twentyfifth day of July, eighteen hundred and sixty-two, participated in, aided, p. 1266. abetted, or countenanced any rebellion against the United States. Second. When such officer, agent, or employee, and his sureties, or either of them, is a non-resident of the district where such officer was appointed, or has departed from such district for the purpose of residing permanently out of such district, or of defrauding the United States, or of avoiding the service of civil process. &c. Those in rebel 1862, ch. 195. Vol. xii. p. 589. Vol. xii. Non-residents, Conveyance, with intent to Third. When such officer or his sureties, or either of them, has conveyed away or is about to convey away his property, or any part thereof, &c., of property or has removed or is about to remove his property, or any part thereof, defraud. from the district wherein the same is situated, with intent to defraud the United States. And where such removal has taken place, certified copies Removal of of the warrant may be sent to the marshal of any other district into which property. such property may have been removed, under which certified copies It shall be lawful for such marshal to seize such property and convey it to some convenient point within the jurisdiction of the court from which the warrant originally issued. Alias warrants may issue upon due applica- Alias warrants. tion, and the validity of the warrant first issued shall continue until the return day thereof. made. SEC. 2. And be it further enacted, That application for such warrant Application for may be made by any district attorney or assistant district attorney, or any warrant, how other person authorized by the Postmaster-General, before any judge, or, in his absence, before any clerk of any court of the United States having original jurisdiction of the cause of action. 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 first section of this act, and upon production of legal evidence of the debt. Upon such application, and upon due order of any judge of the Issuing and court, or in the absence of any judge without such order, the clerk shall execution of warissue a warrant for the attachment of all the property of any kind belonging to the party or parties specified in the affidavit, which warrant shall be executed with all possible despatch by the marshal, who shall take the property attached, if personal, into his custody, and hold the same subject to all interlocutory or final orders of the court. rant. property attached, how determined. SEC. 3. And be it further enacted, That the party or parties whose Ownership of property is attached may, at any time within twenty days before the return day of the warrant, on giving to the district attorney notice of his intention, file a plea in abatement, traversing the allegations of the affidavit, or denying the ownership of the property attached in the defendants, or either of them, in which case the court may, upon application of either party, order an immediate trial by jury of the issues raised by the affidavit and plea. But the parties may, by consent, waive a trial by jury, in Trial by jury which case the court shall decide the issues raised by the affidavit and or by the court. plea. Any party claiming ownership of the property attached and a spe- Other remedies cific return of the same shall be confined to the remedy afforded by this not impaired. act, but his right to an action of trespass or other action for damages shall not be impaired hereby. SEC. 4. And be it further enacted, That when the property attached Proceeds of shall be sold on any interlocutory order of the court, or when it shall be sale of attached producing any revenue, the money arising from such sale or revenue shall invested, &c. property to be VOL. XIII. PUB. - 37 Feb. 20, 1865. 1861, ch. 80. Vol. xii. p. 208. Repeal of act requiring the removal of the arsenal from St. Louis, &c. CHAP. XLIH.- An Act to repeal an Act entitled "An Act to remove the United States Arsenal from the City of Saint Louis, and to provide for the Sale of the Lands on which the same is located." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An Act to remove the United States arsenal from the city of Saint Louis, and to provide for the sale of the lands on which the same is located," approved March second, eighteen hundred and sixty-one, be, and the same is hereby, repealed. APPROVED, February 20, 1865. Feb. 23, 1865. CHAP. XLV.-An Act to extinguish the Indian Title to Lands in the Territory of Utah suitable for agricultural and mineral Purposes. Indian titles in Utah Territory to be extinguished by treaty. Proviso. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized, by and with the advice and consent of the Senate, to enter into treaties with the various tribes of Indians of Utah Territory, upon such terms as may be deemed just to said Indians and beneficial to the government of the United States: Provided, That such treaties shall provide for the absolute surrender to the United States, by said Indians, of their possessory right to all the agricultural and mineral lands in raid territory except such agricultural lands as by said treaties may be set apart for reservations for said Indians: And Reservations. provided, further, That all such reservations shall be selected at points as remote as may be practicable from the present settlements in Utah Territory. Agricultural SEC. 2. And be it further enacted, That in agreeing with said Indians implements, upon the amounts to be paid to them under the provisions of the treaties stock, &c., to be given in payment to be negotiated in pursuance of this act, care shall be taken to obtain as far as possible. from the Indians, to the greatest possible extent, their consent to receive for such payments agricultural implements, stock, and other useful articles, rather than money. Appropriation. SEC. 3. And be it further enacted, That for the purpose of negotiating said treaties and carrying out the provisions of this act, making presents to said Indians, and defraying the necessary expenses incident to such negotiation, there is hereby appropriated, out of any money in the treasury of the United States not otherwise appropriated, the sum of twentyfive thousand dollars. APPROVED, February 23, 1865. Feb. 23, 1865. CHAP. XLVI.— An Act to provide for the Payment of the Value of certain Lands and Improvements of private Citizens, appropriated by the United States for Indian Reservations, in the Territory of Washington. Appropriation to pay for lands, &c., taken for Indian reserva- may tions in Washington Territory. Claims, how allowed, &c. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of eighteen thousand six hundred and eleven dollars and sixty-two cents, or so much thereof as be necessary, is hereby appropriated, out of any money in the treasury not otherwise appropriated, for the purpose of paying for the lands and improvements of private citizens, taken and appropriated, by order of the Department of the Interior, for Indian reservations and uses in the Territory of Washington; and the claims herein provided to be paid shall be allowed and paid in such manner and upon such proofs of the value of the property as shall be prescribed by the Secretary of the Interior. APPROVED, February 23, 1865. Feb. 23, 1865. CHAP. XLVII. — An Act to facilitate the Collection of certain Debts due the United States. Be it enacted by the Senate and House of Representatives of the Unitea States of America in Congress assembled, That in all cases where debts When warrant property of debt are due from postmasters, mail-contractors, or other officers, agents, or employees of the Post-Office Department, who are in default or delin- of attachment quency, a warrant of attachment may issue against all property, real and may issue against personal, possessions, and rights legal, equitable, and contingent, belonging ors to Post-Office to such officer and his sureties, or either of them, in the following cases: Department. First. When any such officer, agent, or employee, and his sureties, or either of them, has, within the meaning of the act of July seventeen, eighteen hundred and sixty-two, chapter one hundred and ninety-five, and the proclamation of the President in pursuance thereof, dated the twentyfifth day of July, eighteen hundred and sixty-two, participated in, aided, p. 1266. abetted, or countenanced any rebellion against the United States. Second. When such officer, agent, or employee, and his sureties, or either of them, is a non-resident of the district where such officer was appointed, or has departed from such district for the purpose of residing permanently out of such district, or of defrauding the United States, or of avoiding the service of civil process. Those in rebel lion. &c. 1862, ch. 195. Vol. xii. p. 589. Vol. xii. Non-residents, Conveyance, with intent to Third. When such officer or his sureties, or either of them, has conveyed away or is about to convey away his property, or any part thereof, &c., of property or has removed or is about to remove his property, or any part thereof, defraud. from the district wherein the same is situated, with intent to defraud the United States. And where such removal has taken place, certified copies Removal of of the warrant may be sent to the marshal of any other district into which property. such property may have been removed, under which certified copies It shall be lawful for such marshal to seize such property and convey it to some convenient point within the jurisdiction of the court from which the warrant originally issued. Alias warrants may issue upon due applica- Alias warrants. tion, and the validity of the warrant first issued shall continue until the return day thereof. made. SEC. 2. And be it further enacted, That application for such warrant Application for may be made by any district attorney or assistant district attorney, or any warrant, how other person authorized by the Postmaster-General, before any judge, or, in his absence, before any clerk of any court of the United States having original jurisdiction of the cause of action. 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 first section of this act, and upon production of legal evidence of the debt. Upon such application, and upon due order of any judge of the Issuing and court, or in the absence of any judge without such order, the clerk shall execution of warissue a warrant for the attachment of all the property of any kind belonging to the party or parties specified in the affidavit, which warrant shall be executed with all possible despatch by the marshal, who shall take the property attached, if personal, into his custody, and hold the same subject to all interlocutory or final orders of the court. rant. SEC. 3. And be it further enacted, That the party or parties whose Ownership of property is attached may, at any time within twenty days before the re- property attached, how deturn day of the warrant, on giving to the district attorney notice of his termined. intention, file a plea in abatement, traversing the allegations of the affidavit, or denying the ownership of the property attached in the defendants, or either of them, in which case the court may, upon application of either party, order an immediate trial by jury of the issues raised by the affidavit and plea. But the parties may, by consent, waive a trial by jury, in which case the court shall decide the issues raised by the affidavit and or by the court. plea. Any party claiming ownership of the property attached and a spe- Other remedies cific return of the same shall be confined to the remedy afforded by this not impaired. act, but his right to an action of trespass or other action for damages shall not be impaired hereby. Trial by jury Proceeds of SEC. 4. And be it further enacted, That when the property attached shall be sold on any interlocutory order of the court, or when it shall be sale of attached producing any revenue, the money arising from such sale or revenue shall property to be invested, &c. VOL. XIII. PUB. - 37 Accretions. Publication of made. be invested in securities of the United States, under the order of the court, and all accretions shall be held subject to the order of the court. SEC. 5. And be it further enacted, That immediately upon the execuattachment to be tion of the warrant of attachment the marshal shall cause due publication of such attachment to be made, in the case of absconding debtors or adherents of the rebellion, for two months, and in case of non-residents for four months. Such publication shall be made in some newspaper or newspapers within the district where the property attached is situated, and the details of such publication shall be regulated in each case by the order under which the warrant is issued. After publication, persons in debted to, or hav ing property of defendants, with knowledge, to account therefor. Sales, &c., void. Personal notice. Discharge of warrant of attachment. Bond to be given. Fees, costs, and expenses. This act not to interfere, &c. Feb. 23, 1865. 1820, ch. 104. Vol. iii. p. 587. 1864, ch. 81. Ante, p. 68. SEC. 6. And be it further enacted, That after the first publication of such notice of attachment in all the newspapers required by this or any subsequent act, every person indebted to the defendants, or either of them, and having knowledge of such notice, whose property is liable to attachment, and every person having possession of any property belonging to such defendants, or either of them, and having knowledge as aforesaid, shall account and answer for the amount of such debt and for the value of such property, and any disposal or attempt to dispose of any such property to the injury of the United States shall be illegal and void. When the person or persons so indebted to or having possession of the property of such defendants, or either of them, shall be known to the district attorney or the marshal, it shall be the duty of such officer to see that personal notice of such attachment is served upon such persons, as in cases of garnishees; but the want of such notice shall not invalidate the attachment. SEC. 7. And be it further enacted, 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, That such applicant shall enter into and execute to the United States a good and sufficient penal bond in double the amount of the value of the property attached, conditioned for the return of said property, or to answer any judgment which may be rendered by the court in the premises, which bond shall be approved by the court or any judge thereof. SEC. 8. And be it further enacted, That the fees, costs, and expenses of issuing and serving the warrants of attachment authorized by this act shall be regulated as far as possible by the existing laws of the United States and the rules of court made in pursuance thereof. In the case of preliminary trials as to the validity of the attachment or the right of property, clerks' and marshals' fees shall be the same as in ordinary cases, and the docket fee of the district attorney shall be ten dollars. SEC. 9. And be it further enacted, That this act shall not be construed so as 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 the United States courts or the adoption of state laws by said courts. APPROVED, February 23, 1865. CHAP. XLVIII. An Act to amend an Act entitled "An Act to amend an Act to incorporate the Inhabitants of the City of Washington, passed May fifteen, eighteen hundred and twenty," approved May fifth, eighteen hundred and sixty-four. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act, approved May fifth, eighteen hundred and sixty-four, entitled "An act to amend An act to incorporate the inhabitants of the city of Washington,' passed May fifteen, eighteen hundred and twenty," be construed amended so as to read Taxes for local as follows: That the said corporation shall have full power and authority to lay taxes on particular wards, parts, or sections of the city, for their particular local improvements, and to cause the curb-stones to be set, the foot and carriage ways, or so much thereof as they may deem best, to be graded and paved; to introduce the necessary sewerage and drainage improvements, &c. Paving. Sewerage. Tax. facilities under and upon the whole or any portion of any avenue, street, or alley; to cause the same to be suitably paved and repaired, and at all times properly cleaned and watered; to cause lamps to be erected therein, Street lamps. and to light the same and to pay the cost thereof, the corporation of Washington is hereby authorized to lay and collect a tax upon all property bordering upon each street or alley that may be paved, sewered, lighted, cleaned, or watered by said corporation in accordance with the provisions of this act. And also to lay, or cause to be laid, simultaneously with the grading or paving of any avenue, street, or alley in which a main water-pipe or main gas-pipe, or main sewer may have been laid, water or pipes and lateral gas service pipes or lateral house drains, from such water or gas main or house drains. main sewer to one foot within the curb line in front of every lot or subdivisional part of a lot which may bound on such avenue, street, or alley, and to which a gas or water service pipe or house drain may not have been already laid, and to pay the cost thereof, shall have full power and Tax. authority to lay and collect a special tax on every such lot or subdivisional part of a lot. APPROVED, February 23, 1865. Water and gas Feb. 23, 1865. "Sisters of Corporation CHAP. XLIX. - An Act to incorporate the Sisters of Mercy in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Isabel Atkinson, ElizaMercy" in the beth Medcalf, Teresa Byrne, Ellen Matthews, Mary Duffy, Teresa Moran, District of Coand Ellen Wynne, and their successors, hereafter to become Sisters of lumbia incorpoMercy, and to be appointed according to the rules and regulations that rated. have been or may hereafter be established by their association, be, and they are hereby, made, declared, and constituted a corporation or body politic, in law and in fact, to have continuance forever, by the name, style, and title of the "Sisters of Mercy in the District of Columbia." SEC. 2. And be it further enacted, That all and singular the lands, Property heretofore given to houses, tenements, rents, legacies, annuities, rights, property, privileges, become vested in goods, and chattels, heretofore given, granted, devised or bequeathed to the corporation the said Sisters of Mercy, in the District of Columbia, or to any individual of the said corporation, or to any person or persons for the use of said corporation, or that have been purchased for or on account of the same be, and they are hereby, vested in, and confirmed to, the said corporation; and that the said corporation may purchase, take, receive, hold, and apply to the uses and purposes of the same, according to the rules, regulations, and by-laws that they may establish from time to time, for the management of the concerns of the said society or corporation, any lands, tenements, rents, legacies, annuities, rights, property, and privileges, or any goods, chattels, or other effects of what kind or nature soever, which shall or may have been or may hereafter be given, granted, sold, bequeathed or devised unto the said association or corporation by any person or persons, bodies politic or corporate, capable of making such grants, sale, or bequest, and that the said association or corporation of the Sisters of Mercy, in the District of Columbia, may dispose of and convey the same as they may deem proper: Provided, That the said association or corporation shall not, at any one time, hold, use, possess, and enjoy, within the District of Columbia, either by legal seizure, or trust, for its use and benefit, more than three hundred and twenty acres of land, nor shall the said association or corporation hold, in its own right, or by any other person in trust, or for its benefit, real estate the annual net income of which, after discharging all its expenses, debts, and liabilities, shall exceed the sum of fifty thousand dollars. SEC. 3. And be it further enacted, That the said corporation, by the name of the Sisters of Mercy, in the District of Columbia, be, and shall be hereafter, capable in law and in equity to sue and be sued, within the may hold, &c., property. Limit to land and property. Suits. |