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28 Feb. 1933. Non-joinder of

non-resident de

tarily appear thereto, it shall be lawful for the court to entertain jurisdiction, (a) and proceed to the trial and adjudication of such suit, between the parties who may be properly before it ;(b) but the judgment or decree rendered therein shall not conclude or prejudice other parties, not regularly served with process, or not voluntarily appearing to answer; Not to prejudice, and the nonjoinder of parties who are not so inhabitants, or found within the district,

fendant not to abate writ.

shall constitute no matter of abatement, or other, objection to said suit.

III. DISTRESS WARRANTS.

1. Accounts to be settled in the treasury.

13. Controller to state and certify accounts of defaulting officers. Warrant of distress to be issued against delinquent and his sure

2 To be kept in decimal currency.

& Officers to account quarterly. If resident abroad, half-yearly. ties. Marshal to levy and collect amount due. Notice of sale. If in4. In default, to be reported and dismissed. 5. Securities not to be impaired.

sufficient, delinquent to be arrested. Proceedings against sureties. Lien of balance. Lands may be levied on. Notice of sale. Deed. Overplus to be returned. Not to affect sureties retrospectively.

II. PROCEEDINGS AGAINST public debtors.

6. Suits to be brought against public debtors. Forfeiture of commissions. and interest.

I. ADJUSTMENT OF PUBLIC ACCOUNTS.

7. Transcripts to be evidence. Copies of bonds, contracts, &c. When original to be produced.

8. Judgment to be entered in default of affidavit of defence.

9. When credits to be disallowed.

10. Priority of the United States in case of insolvency.

11. Executions to run into other districts.

12. Other remedies not to be impaired.

3 March 1817 22. 3 Stat. 366.

Accounts.

[See TREASURY DEPARTMENT.]

2 April 1792 3 20. 1 Stat. 250.

Accounts to be kept in decimal currency.

31 Jan. 1823 2. 3 Stat. 723. Officers to account quarterly.

If resident abroad, halfyearly.

2. The money of account of the United States shall be expressed in dollars or units, dismes or tenths, cents or hundredths, and milles or thousandths, a disme being the tenth part of a dollar, a cent the hundredth part of a dollar, a mille the thousandth part of a dollar; and all accounts in the public offices and all proceedings in the courts of the United States shall be kept and had in conformity to this regulation.

3. Every officer or agent of the United States, who shall receive public money which he is not authorized to retain, as salary, pay or emolument, (c) shall render his accounts quarter-yearly to the proper accounting officers of the treasury, with the vouchers necessary to the correct and prompt settlement thereof, within three months, at least, after the expiration of each successive quarter, if resident within the United States; and within six months, if resident in a foreign country:(d) Provided, That nothing herein contained shall be construed to restrain the secretaries of any of the departments from requiring such returns from any officer or agent, subject to the control of such secretaries, as the public interest may require.

4. Every officer or agent of the United States, who shall offend against the provisions of the preceding sections, shall, by the officer charged with the direction of the departreported and dis- ment to which such offending officer is responsible, be promptly reported to the president

Ibid. 3.
In default, to be

missed.

of the United States, and dismissed from the public service: Provided, That in all cases, where any officer, in default as aforesaid, shall account to the satisfaction of the president for such default, he may be continued in office, anything in the foregoing provision to the contrary notwithstanding.

3 March 1797 31. 1 Stat. 512.

14. Disbursing officers in the civil, military and naval depart ments, to be liable to the like proceedings. When proceedings may be postponed.

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I. ADJUSTMENT OF PUBLIC ACCOUNTS.

1. All claims and demands whatever, by the United States or against them, and all accounts whatever, in which the United States are concerned, either as debtors or as creditors, shall be settled and adjusted in the treasury department.

Ibid. 24.

5. No security given to, or obligation entered into, with the government, shall be in Securities not to anywise impaired, by the dismissing any officer, or from failure of the president to dismiss any officer coming under the provisions of this act.

be impaired.

(a) Where there are three joint indorsers, and the process is served on two of them, under this act, the suit may be prosecuted against the two. And a plea in abatement cannot be retained, on the ground that the other joint indorser is a citizen of another district. Cooper v. Gordon, 4 McLean, 6.

(b) The court cannot make a decree in the absence of an indispensable party, whose rights must necessarily be affected; as in a bill to rescind a contract. Shields v. Barrow, 17 How, 130, 140. Herndon e. Ridgway, Ibid. 424. North Indiana Railroad Co. v. Michigan Central Railroad Co., 15 Ibid. 233. Commercial Bank of Vicksburg r. Slocomb, 14 Pet. 60. Tobin e. Walkinshaw, 5 Am. L. R. 108-9. Greene v. Sisson, 2 Curt. C. C. 171. Coiron v. Millaudon, 19 How. 113.

II. PROCEEDINGS AGAINST PUBLIC DEBTORS.

6. When any revenue officer, or other person accountable for public money, (e) shall neglect or refuse to pay into the treasury the sum or balance reported to be due to the

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United States upon the adjustment of his account, it shall be the duty of the comptroller, 3 March 1797. and he is hereby required to institute suit for the recovery of the same, adding to the Suits to be sum stated to be due on such account, the commissions of the delinquent, which shall brought against be forfeited in every instance where suit is commenced, and judgment obtained thereon, Forfeiture of com and an interest of six per cent. per annum from the time of receiving the money, until mi-sions, and it shall be repaid into the treasury. Ibid. 22.

public debtors.

interest.

7. In every case of delinquency, (a) where suit has been, or shall be instituted, (b) a transcript from the books and proceedings of the treasury (c) certified by the register, (d) Transcripts to be and authenticated under the seal of the department, (e) shall be admitted as evidence, (g) evidence. and the court trying the cause shall be thereupon authorized to grant judgment and award execution accordingly. And all copies of bonds, contracts or other papers relat- Copies of bouds, ing to or connected with the settlement of any account between the United States and contracts, &c. an individual, when certified by the register to be true copies of the originals on file, and authenticated under the seal of the department as aforesaid, may be annexed to such transcripts, and shall have equal validity, and be entitled to the same degree of credit, which would be due to the original papers, if produced and authenticated in court: Provided, That where suit is brought upon a bond, or other sealed instrument, When original to be produced. and the defendant shall plead “non est factum," or upon motion to the court, such plea or motion being verified by the oath or affirmation of the defendant, it shall be lawful for the court to take the same into consideration, and (if it shall appear to be necessary for the attainment of justice) to require the production of the original bond, contract or other paper specified in such affidavit.

Ibid. 23.

fault of affidavit

8. Where suit shall be instituted against any person or persons indebted to the United States, as aforesaid, (h) it shall be the duty of the court where the same may be pending, Judgment to be to grant judgment at the return term, upon motion, unless the defendant shall, in open entered in decourt, (the United States attorney being present,) make oath or affirmation that he is of defence. equitably entitled to credits (i) which had been, previous to the commencement of the suit, submitted to the consideration of the accounting officers of the treasury, and rejected; specifying each particular claim so rejected, in the affidavit; and that he cannot then come safely to trial. Oath or affirmation to this effect being made, subscribed and filed, if the court be thereupon satisfied, a continuance, until the next succeeding term, may be granted; but not otherwise, unless as provided in the preceding section.

Ibid. 24.

9. In suits between the United States and individuals, no claim for a credit shall be admitted upon trial but such as shall appear (k) to have been presented to the account- When credits to ing officers of the treasury for their examination, and by them disallowed,(/) in whole be disallowed. or in part, unless it should be proved to the satisfaction of the court that the defendant is, at the time of trial, in possession of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for such credit, at the treasury, by absence from the United States, or some unavoidable accident.(m)

10. Where any revenue officer or other person (n) hereafter becoming indebted to the

(a) Extended to the trial of indictments for the embezzlement of public moneys, by act 6 August 1846. 2 16. 9 Stat. 63.

(b) This is not restricted to cases where suits are commenced under the authority given by the first section of the act, but applies to all cases where the evilence is required. United States . Lent, 1 Paine, 417. See Walton v. United States, 9 Wh. €51. Smith v. United States, 5 Pet. 292.

(c) The act requires a transcript of the items, not a statement of a balance in gross. United States v. Jones, 8 Pet. 375. Hoyt e. United States, 10 How. 109. United States v. Brenneman, Gilp. 44. United States v. Edwards, 1 McLean, 467. Duly certified copies of the vouchers under which payments were made to third persons by the authority of the defendant, ought to be annexed; that authority not being otherwise within the personal knowledge of the accounting officers. United States v. Jones, 8 Pet. 375. A contractor's account adjusted by the proper accounting officers, and duly certified and authenticated, is evidence not only of money advanced to the contractor, but of money disbursed by officers of the army for provisions, in consequence of the contractor's failure to comply with his contract. United States v. Griffith, 2 Cr. C. C. 366. Credits which were claimed and rejected need not be certified. United States v. Hodge, 13 How. 478. And See United States v. Vanzandt, 2 Cr. C. C. 338. United States v. Buford. 3 Pet. 12. Cox v. United States, 6 Ibid. 172.

(d) Extended to the second and third auditors, by act 3 March 1817, 11, 3 Stat. 367, so far as to empower them to authenticate transcripts from the accounts in the war and navy departments. But they are not authorized to certify copies of bonds, &c.; under the subsequent clause of this section; this duty must still be performed by the register. United States v. Griffith, 2 Cr. C. C.

366.

(e) The signature of the secretary of the treasury is not necesBary; it is the seal of the department that gives authenticity to the certificate. Smith v. United States, 5 Pet, 292,

(g) The legislature may establish new rules of evidence, in derogation of the common law, as by making treasury transcripts evidence; but the mode of authentication must be strictly pursued. Smith v. United States, 5 Pet. 292. And see Bleecher v. Bond, 3 W. C. C. 529. A treasury transcript, though prima facie, is not conclusive evidence. United States v. Eckford's Executors, 1 How. 250.

Ibid. 25.

(h) This section does not extend to suits brought by the United States, as indorsees of promissory notes. United States v. Elaklock, 2 Cr. C. C. 166. And it is limited to cases in which the prin cipal debtor is a party to the action. United States v. Lyon, 2 McLean, 249.

(i) The defendant is entitled to the benefit of any credit in his favor, whether arising out of the particular transaction for which he is sued. or out of distinct and independent transactions, which constitute a legal or equitable set-off, in whole or in part, of the debt sued for by the United States. United States v. Wilkins, 6 Wh. 135. But a claim for unliquidated damages, or a claim of which the defendant has become the equitable owner by a-signment.cannot be allowed as a credit, in an action against a receiver of public money. United States v. Robeson, 9 Pet. 319. And see United States v. Bank of the Metropolis, 15 Ibid. 377. United States v. Jarvis, Daveis, 274. United States v. Mann, 2 Breck. 9. United States v. Duval, Gilp. 357. There is nothing in this act which prohibits the defendant, in an action against him by the United States, from having allowed to him, by way of set-off. a larger sum than the United States are seeking to recover. Reeside's Executrix v. United States, Dev. C. C. 100.

(A) That the credits claimed have been presented and disallowed, must be shown by the defendant. United States v. Martin. 2 Paine, 69-70. It must appear by the transcript from the books and proceedings of the treasury. United States v. Brenneman, Gilp. 48. See United States v. Prentice, 6 McLean, 65.

(1) The jury may pass upon a claim rejected after the institu tion of the suit. United States v. Hawkins, 10 Pet. 125. A suspension of a claim for a credit, by the accounting officers, is not a disallowance. United States v. Duval, Gilp. 357.

(m) See United States v. Giles, 9 Cr. 212. Walton v. United States, 9 Wh. 651. United States v. Lent, 1 Paine, 417. United States v. Ingersoll, Crabbe, 135. United States v. Smith, 5 Am. L. R. 268.

(n) This section giving a preference to the United States in cases of insolvency, is not confined to persons accountable for public money, but to all debtors of the United States. United States v. Fisher, 2 Cr. 358; s. c., 1 W. C. C. 4. United States v. State Bank of North Carolina, 6 Pet. 29. And includes corpora tions. Beaston v. Farmers' Bank of Delaware, 12 Ibid. 102.

United States, by bond or otherwise, shall become insolvent, (a) or where the estate of any deceased debtor, in the hands of executors or administrators, shall be insufficient to pay all the debts due from the deceased, (b) the debt due (c) to the United States shall be first satisfied ; (d) and the priority hereby established shall be deemed to extend, as well to cases in which a debtor not having sufficient property to pay all his debts shall make a voluntary assignment thereof, (e) or in which the estate and effects of an absconding, concealed or absent debtor shall be attached by process of law, as to cases in which an act of legal bankruptcy shall be committed.

11. All writs of execution upon any judgment obtained for the use of the United States, (g) in any of the courts of the United States in one state, may run and be executed in any other state or in any of the territories of the United States, but shall be issued from and made returnable to the court where the judgment was obtained, any law to the contrary notwithstanding.

Ibid. 27.

12. Nothing in this act shall be construed to repeal, take away or impair any legal Other remelies remedy or remedies for the recovery of debts now due or hereafter to be due to the

not to be impaired.

United States, in law or equity, from any person or persons whatsoever, which remedy or remedies might be used if this act was not in force.

3 March 1797.

Priority of the United States in case of insol

vency.

Ibid. 26. Execution to run into other districts.

III. DISTRESS WARRANTS.

13. 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 state and certify the time required by law, it shall be the duty of the first comptroller of the treasury to faulting officers. cause be stated (h) the account of such collector, receiver of public money or other

Controller to

accounts

15 May 1820 3 Stat. 592.

2.

Notice of sale.

officer, exhibiting truly (i) the amount due to the United States, and certify the same to Warrant of dis- the agent of the treasury, (k) who is hereby authorized and required to issue a warrant

tress to be issued against delinquent and his

sureties.

of distress (1) against such delinquent officer and his sureties, directed to the marshal of the district in which such delinquent officer and his surety or sureties shall reside, (m) 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 Marshal to levy sums, if any, which have been paid. And the marshal authorized to execute such war

and collect amount due.

rant, 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 delinquent to be the said warrant, the same may be levied upon the person of such officer, who may be

If insufficient,

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 against sureties. be found sufficient to satisfy the said warrant, the marshal or his deputy may and shall

Proceedings

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

(a) This means a legal insolvency, not a mere failure, or inability to pay debts. Prince e. Bartlett, 8 Cr. 431. Thelusson v. Smith, 2 Wh. 396. United States v. Hooe, 3 Cr. 73.

(b) See Commonwealth v. Lewis, 6 Binn. 266. Postmaster-General v. Robbins, Ware, 163.

(c) This means "owing" to the United States. United States v. State Bank of North Carolina, 6 Pet. 29. It extends to equitable as well as legal debts. Howe v. Sheppard, 2 Sutnn. 133.

(d) No lien is created by this law; it only gives a priority of payment. United States v. Fisher, 2 Cr. 390. United States v. Mechanics' Bank, Gilp. 51. And is not to be so construed as to destroy a prior legal lien, acquired by an individual. Thelusson v. Smith, 2 Wh. 396. United States v. Sheriff of Charleston, Bee, 196. United States v. Nicholls, 4 Yeates, 251. Brent v. Bank of Washington, 10 Pet. 596. Conard v. Atlantic Insurance Co., 1 Ibid. 386. The acts giving the United States a priority of payment supersede all state legislation upon the subject of the distribution of those estates that come within their provisions. United States v. Duncan, 4 McLean, 608. And is enforced in the distribution of a bankrupt's effects, although the debt was contracted by a foreigner in a foreign country. Harrison v. Sterry, 5 Cr. 289. 8. C.. Bee, 244. But it does not give to one part of a debt due to the United States a priority over any other part of it. United States v. Cochran, 2 Brock. 274.

(e) It must be an assignment of all the debtor's property. United States v. Hooe, 3 Cr. 73. Unless a trivial portion has been omitted for the mere purpose of evading the law. Ibid. 91. But it need not be for the benefit of all the creditors. United States v. Mott, 1 Paine, 188. If the assignment does not purport to be a general one, the onus is thrown on the United States of proving that it embraced all the debtor's property. United States v. Howland, 4 Wh. 108. An assignment in fraud of the bankrupt law

will not defeat the privity of the United States. Harrison v. Sterry, 5 Cr. 289, 301.

(g) See United States v. Morris, 10 Wh. 281-2.

(h) The account having been once stated and settled at the treasury department, the law invests the auditor with no power to open and resettle it, of his own mere authority. The act creates a special and limited jurisdiction, and after the accounts of any of the class of officers on whom it was intended to act, have been adjusted, however erroneously, that special jurisdiction is functus officio, and any process issued upon a re-settlement of such accounts is absolutely null and void. Ex parte Randolph, 2 Brock. 448.

(i) The introduction of the "truly," indicates the idea that this summary process was to be used only where the true amount was certainly known to the department. Ex parte Randolph, 2 Brock. 485.

(k) The statement or certificate, authorized by the act, is not a judgment, and the warrant which coerces payment is not judicial process. They are ministerial acts, (for, otherwise, they could not be sustained.) and the general principle of construction requires that the authority vested by the act shall be strictly and literally pursued. Ex parte Randolph, 2 Brock. 448. But the warrant of distress, though not a judgment, has the effect of one. Armstrong v. United States, Gilp. 399. And see United States v. Taylor, 3 McLean, 539.

(1) For form of warrant, see United States v. Nourse, 6 Pet. 472. These warrants do not conflict with the constitution. Murray's Lessee v. Hoboken Land and Improvement Co., 18 How. 272.

(m) The warrant is conclusive evidence of the facts recited in it. and of the authority to make the levy, so far as to justify the marshal in making it. Murray's Lessee v IIcboken Land and Improvement Co., 18 How. 272.

given ten days' previous notice of such intended sale, by affixing an advertisement of 15 May 1820. the articles to be sold at two or more public places in the town or county where the said

levied on.

goods or chattels were taken, or in the town or county where the owner of such goods or Lien of balance. 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 Lands may be 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 Notice of sale. 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 Deed district or his deputy;(a) 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 Overplus to be 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 to affect not affect any surety of any officer of the United States, who became bound to the United spectively. States before the passing of this act; but each and every such officer shall, on or before the thirtieth day of September next, give new and sufficient sureties for the performance of the duties required of such officer.

returned.

sureties retro

Ibid. 2 3.

military

ble to the like

14. 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 (b) appropriated Disbursing offifor the service of those departments respectively, shall fail to render his accounts, or to cers in the civil, pay over, in the manner and in the times, required by law, or the regulations of the naval departdepartment to which he is accountable, any sum of money remaining in the hands of ments, to be lia such officer, it shall be the duty of the first or second comptroller of the treasury, as the proceedings. 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: Provided, nevertheless, That the said agent of the treasury, with the approbation of the When proceedings may be secretary of the treasury, in cases arising under this or the preceding section, may post- postponed." pone, 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.

be issued.

15. If any person (c) should consider himself aggrieved by any warrant issued under Ibid. 24. this act, he may prefer a bill of complaint (d) to any district judge (e) of the United Proceedings by States, setting forth therein the nature and extent of the injury of which he complains; party aggrieved. and thereupon the judge aforesaid may, if in his opinion the case requires it, grant an Injunction may injunction (g) 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 Security to be same shall give bond, and sufficient security, conditioned for the performance of such given. 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 Lien not to be manner impair the lien produced by the issuing of such warrant. And the same pro- impaired. ceedings shall be had on such injunction as in other cases, except that no answer shall Damages where be necessary on the part of the United States; and if, upon dissolving the injunction, it proceedings an had the pur shall appear to the satisfaction of the judge who shall decide upon the same, that the pose of delay.

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Nourse. 9 Pet. 8.

(d) This is in the nature of a motion to stay execution on a judgment, and the beginning and conclusion of the argument are with the debtor. Armstrong v. United States, Gilp. 399.

(e) This power is conferred upon the district court, and not upon the judge as an individual. Porter v. United States, 2 Paine, 313. See United States v. Nourse, 6 Pet. 492-3.

(g) In such cases, the judge proceeds according to the rules of chancery, which apply to injunctions, except that no answer is necessary on the part of the government. United States v. Cox, 11 Pet. 166. 1 Opin. 694. His decision granting the injunction is final, and bars an action on the account which formed the subject-matter of the warrant and of the bill of complaint. United States v. Nourse, 9 Pet. 8. Porter v. United States, 2 Paine, 312

15 May 1820. 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 not exceed the rate of ten per centum per annum on the principal sum.

16. Such injunctions may be granted or dissolved by such judge, either in or out of

court.

Ibid. 25. Injunctions. Ilid. 26. Appeal to judge

17. If any person (a) 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 of the supreme competent for such person to lay a copy of the proceedings had before the district judge

court.

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.

18. 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 trict attorneys. United States, shall conform to such directions and instructions, touching the same, as

Ibid. 27. Duties of dis

Ibid. 28. Duties of clerks of courts.

19. 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 execution thereon will be And of marshal. returnable. And it shall, in like manner, be the duty of the marshals of the several

Ibid. 29. Other remedies not to be impaired.

shall, from time to time, be given to them, respectively, by the said agent of the treasury.(b) 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.

judicial districts of the United States, within thirty days before the commencement of the several terms of the said courts, to make returns, to the said agent, of the proceedings which have taken place upon all writs of execution or other process which have been placed in his hands for the collection of the money which has been so adjudged and decreed to the United States in the said courts, respectively.

20. Nothing in this act contained shall be construed to take away or impair any right or remedy which the United States now have, by law, for the recovery of taxes, debts or demands.

I. PUBLICATION OF THE LAWS.

1. Laws, &c., to be published in newspapers.

2. Amendments to the constitution.

3. Compensation for publication. Deduction for delay. Newspaper to be discontinued.

4. Acts of congress, &c., to be printed. How distributed.

5. Library of congress. Army and navy. Foreign ministers.

6. States and territories.

7. Contracts for publication.

8. Kepealing section.

Acts of Congress.

9. Appropriations.

10 Act of 1842 repealed.

20 April 1818 21.

3 Stat. 139.

11. Act of 1818 revived. Publication in newspapers.
12. Indian treaties to be published.

(a) No appeal is given to the United States from a decree awarding an injunction, either by this act, or by the act 3 March 1803, (2 Stat. 244), regulating appeals from the district courts. United States v. Nourse, 6 Pet. 470. United States v. Cox, 11 Ibid. 162 (0) See 2 Opin. 491.

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1. PUBLICATION OF THE LAWS.

1. At and during the session of each congress of the United States, the secretary for the department of state shall cause the acts and resolutions passed by congress at such Laws, &c., to be session, to be published, currently as they are enacted, and as soon as practicable, in not

published in newspapers.

more than one newspaper in the District of Columbia, and in not more than three (c) newspapers in each of the several states, and in not more than three (c) newspapers in each of the territories of the United States. And he shall also cause to be published, in

of the government.

16. To be evidence.

17. To be furnished to clerks of courts.

18. Auuual statutes to be contracted for.

(c) "Two." by act 8 August 1846; infra, 11. By resolution of 6 August 1852, the Congressional Globe and Appendix is to pass free through the mails, so long as published by order of congress, 10 Stat. 147.

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