CHAPTER 107.-Approved, May 15, 1820.-Vol. 3, p. 592.

An Act providing for the better organization of the treasury department.1

1. Agent of the treasury to be designated by the President. 2. Officers receiving public money failing to account. The first comptroller to certify the amount due. Warrant of distress against delinquent and sureties. Marshal to levy by distress and sale of goods of delinquent. Ten days' notice of sale. If insufficient, may commit the officer, &c. Notice of sale. Amount due a lien upon lands, &c., of himself and sureties. Lands, &c., may be sold. Notice of sale. 3. Disbursing officers delinquent, liable to such process. 4. Persons aggrieved may prefer a bill of complaint to a district judge, &c. Who may grant an injunetion. On bond and security. Not to impair the lien. Damages, if application for was for delay. 5. Granted, &c., in or out of court. 6. Party may apply to a judge of the superior court for relief. 7. Attorneys to conform to instructions from agent. The end of every term, state cases decided, &c., to agent, &c. 8. Clerks, in 30 days after term, to forward a list of judgments and decrees to the agent. Marshals, 30 days before terms, to make returns to the agent, of proceedings. 9. This act not to impair remedy of the United States.

That it shall be the duty of such officer of the treasury department as the President of the United States shall, from time to time, designate for that purpose, as the agent of the treasury, to direct and superintend all orders, suits, or proceedings, in law or equity, for the recovery of money, chattels, lands, tenements, or hereditaments, in the name and for the use of the United States.

SEC. 2. That, from and after the thirtieth day of September next, 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 the time, required by law, it shall be the duty of the first comptroller of the treasury to cause to be stated the account? of such collector, receiver of public money, or other officer, exhibiting truly the amount due to the United States, and certify the same to the agent of the treasury, who is hereby authorized and required to issue a warrant of distress against such delinquent officer and his sureties, directed to the marshal of the district in which such delinquent officer and his surety or

1 See the 3 March, 1797, chap. 20, as to suits against delinquents, ante.

2 Copies of the accounts to be evidence, 3 March, 1797, chap. 20, sec. 2, ante. 3 See form of, 6 Peters, 472, United States vs. Nourse.

sureties shall reside; 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 respectively; therein specifying the amount with which such delinquent is chargeable, and the sums, if any, which have been paid. And the marshal authorized to execute such warrant 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 goods or chattels may reside; and, if the goods and chattels be not sufficient to satisfy 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. Notwithstanding the commitment of such officer, or if he abscond, or if goods and chattels cannot 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 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 or county where the said goods or chattels were taken, or in the town or county where the owner of such goods or 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 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 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 district or his deputy; 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 delinquent officer, or his surety or sureties. And all moneys which may remain of the 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 affect any surety of any officer of the United States, who became bound to the United States before the passing of this act; but each and every such officer shall, on or before the thirtieth day of Sep-. tember next, give new and sufficient sureties for the performance of the duties required of such officer.

SEC. 3. That, from and after the thirtieth day of September next, if any officer employed, or who has heretofore been employed, in the civil, military, or naval' departments of the government, to disburse the public money appropriated for the service of those departments respectively, shall fail to render his accounts, or to pay over, in the manner and in the times required by law, or the regulations of the department to which he is accountable, any sum of money remaining in the hands of such officer, it shall be the duty of the first or second comptroller of the treasury, as the 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: Pro

1 This embraces pursers of the navy. 9 Peters, 19, n. But not one charged as "late acting purser." 9 Peters, 12, n. Ex parte Randolph.

vided, nevertheless, That the said agent of the treasury, with the approbation of the secretary of the treasury, in cases arising under this or the preceding section, may postpone, 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.

SEC. 4. That if any person' should consider himself aggrieved by any warrant issued under this act, he may prefer a bill of complaint to any district judge of the United States, setting forth therein the nature and extent of the injury of which he complains; and thereupon the judge aforesaid may, if in his opinion the case requires it, grant an injunction 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 same shall give bond, and sufficient security, conditioned for the performance of such 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 manner impair the lien produced by the issuing of such warrant. And the same proceedings shall be had on such injunction as in other cases, except that no answer shall be necessary on the part of the United States; and if, upon dissolving the injunction, it shall appear to the satisfaction of the judge who shall decide upon the same, that the 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

1 The person against whom the distress warrant issues, although he may be neither officer nor a debtor of the United States, is entitled to the redress pointed out in the 4th section. 9 Peters, 8, 31, United States vs. Nourse.

After a settlement and balance against him and a distress warrant, defendant applied to a district judge, and filed a bill praying an injunction, and alleging that the money with which he was charged was not received by him in his official capacity the judge stayed the warrant, and on answer by United States, decreed for complainant.

The United States then sued defendant, who pleaded the decree in his favor, and it was held conclusive against the United States. 9 Peters, 8, 31, United States vs. Nourse.

2 In such cases, the judge proceeds according to the rules of chancery. 11 Peters, 162, United States vs. Cox.

It seems that the regular officers of government are the only persons who should be amenable to the warrant, and only for the sums received in that capacity. 9 Peters, 8, and n.

But if the warrant is issued against one who is no officer, or no debtor, he is entitled to redress under the 4th section. 9 Peters, 8, 31, United States rs. Nourse.

not exceed the rate of ten per centum per annum on the principal sum.

SEC. 5. That such injunctions may be granted or dissolved by such judge, either in or out of court.

SEC. 6. That if any person shall consider himself aggrieved by the decision of such judge, either in refusing to issue the injunction, or, if granted, on its dissolution, it shall be competent for such person to lay1 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.

SEC. 7. That 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 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. 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 officer.

SEC. 8. That it shall be the duty of the clerks of the district and circuit courts, within thirty days after the adjournment 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 execu

This is the only mode of redress: no appeal to a circuit court lies. 6 Peters, 470, United States vs. Nourse; 11 id. 162, United States vs. Cox.