master-General, before the judge, or, in his absence, before the clerk of any court of the United States having original jurisdiction of the cause of action. And such application shall be made upon an affidavit of the applicant, or of some other credible person, stating the existence of either of the grounds of attachment enumerated in the preceding section, and upon production of legal evidence of the debt." 65 "Upon any such application and upon due order of any judge of the court, or, in his absence, without such order, the clerk shall issue a warrant for the attachment of all the property of any kind belonging to the person specified in the affidavit, which warrant shall be executed with all possible dispatch 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.66 "At any time within twenty days before the return day of such warrant, the party whose property is attached may, on giving notice to the district attorney of his intention, file a plea in abatement, traversing the allegations of the affidavit, or denying the ownership of the property attached to be 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. And any party claiming ownership of the property attached and a specific return thereof, shall be confined to the remedy herein afforded, but his right to an action of trespass, or other action for damages, shall not be impaired hereby."67 "When the property attached is sold on any interlocutory order of the court is producing any revenue, the money arising from such sale or revenue shall be invested in securities of the United States, under the order of the court, and all accretions shall be held subject to the orders of the same. 68 "Immediately upon the execution of any such warrant of attachment, the marshal shall cause due publication thereof to be made, in the case of absconding debtors for two months and of non-residents for four months. The publication shall be made 65 U. S. R. S., § 925. 66 U. S. R. S., § 926. 67 U. S. R. S., § 927. in some newspaper published in the district where the property is situate, and the details thereof shall be regulated by the order under which the warrant is issued." 69 "After the first publication of such notice of attachment as required by law, every person indebted to, or having possession of any property belonging to, the said defendants, or either of them, and having knowledge of such notice, shall account and answer for the amount of such debt and 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. And when the person indebted to, or having possession of the property of, such defendants, or either of them, is known to the district attorney or marshal, such officer shall see that personal notice of the attachment is served upon such person, but the want of such notice shall not invalidate the attachment.” 70 "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 such applicant shall execute to the United States a good and sufficient penal bond, in double the value of the property attached, to be approved by a judge of the court, and with condition for the return of said property, or to answer any judgment which may be rendered by the court in the premises." 71"Nothing contained in the preceding eight sections shall be construed 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, or the adoption of State laws by, the United States courts." 72"An attachment of property, upon process instituted in any court of the United States, to satisfy such judgment as may be recovered by the plaintiff therein, except in the cases mentioned in the preceding nine sections, shall be dissolved when any contingency occurs by which, according to the laws of the State where said court is held, such attachment would be dissolved upon like process instituted in the courts of said State: Provided that nothing herein contained shall interfere with any priority of the United States in the payment of debts." 73 "In any suit by the 69 U. S. R. S., § 929. 72 U. S. R. S., § 932. 70 U. S. R. S., § 930. 71 U. S. R. S., § 931. 73 U. S. R. S., § 933. United States against a corporation for the recovery of money upon a bill, note, or other security, the debtors of the corporation may be summoned as garnishees; and it shall be the duty of any person so summoned to appear in open court and to depose, in writing, to the amount which he was indebted to the said corporation at the time of the service' of the summons and at the time of making such depositions; and judgment may be entered in favor of the United States for the sum admitted by such garnishee to be due to the said corporation, in the same manner as if it had been due to the United States: Provided, that no judgment shall be entered against any garnishee until after judgment has been rendered against the corporation defendant to the said action, nor until the sum in which the garnishee stands indebted is actually due." 74 "When any person summoned as garnishee deposes in open court that he is not, and was not at the time of the service of the summons, indebted to such corporation, an issue may be tendered by the United States upon such demand, and if, upon the trial of that issue, a verdict is rendered against the garnishee, judgment shall be entered in favor of the United States, pursuant to such verdict, with costs of suit."75 "If any person summoned as garnishee, as aforesaid, fails to appear at the term of the court to which he is summoned, he shall be subject to attachment for contempt of the court."76 § 471. Arrests. The Revised Statutes regulate arrests in civil actions as follows: "No person shall be imprisoned for debt in any State, on process issuing from a court of the United States, where, by the laws of such State, imprisonment for debt has been or shall be abolished. And all modifications, conditions, and restrictions upon imprisonment for debt, provided by the laws of any State, shall be applicable to the process issuing from the courts of the United States to be executed therein; and the same course of proceedings shall be adopted therein as may be adopted in the courts of such State." The statute does not apply to imprisonment for failure to pay a 74 U. S. R. S., § 935. 75 U. S. R. S., § 936. 76 U. S. R. S., § 937. § 471. 1 U. S. R. S., § 990; Re Bergen, 2 Hughes, 513; Low v. Durfee, 5 Fed. 256; Catherwood V. Gapete, 2 Curt. 94; Moan v. Wilmarth, 3 W. & M. 399. 2 8 fine or a penalty; nor, perhaps, to imprisonment in suits to which the United States is a party, such as a suit to enforce a forfeiture; nor, it has been said, to suits for torts.6 "When any person is arrested or imprisoned in any State, on mesne process or execution issued from any court of the United States, in any civil action, he shall be entitled to discharge from such arrest or imprisonment in the same manner as if he were so arrested and imprisoned on like process from the courts of such State. The same oath may be taken, and the same notice thereof shall be required, as may be provided by the laws of such State, and the same course of proceedings shall be adopted as may be adopted in the courts thereof. But all such proceedings shall be had before one of the commissioners of the Circuit Court for the district where the defendant is so held." A subsequent statute provides for the appointment for the District Courts of each district, of United States Commissioners, with the same powers and duties that were previously given to Commissioners of the Circuit Courts. United States Commissioners have now jurisdiction of proceedings for the discharge of persons arrested on mesne process, issued out of a Federal court, and to obtain the arrest of a judgment debtor upon an execution issued from such a court.9 "Persons imprisoned on process issuing from any court in the United States in civil actions, as well at the suit of the United States as at the suit of any person, shall be entitled to the same privileges of the yards of the respective jails as persons confined in like cases on process from the courts of the respective States are entitled to, and under the like regulations and restrictions.'' 10 The effect of these provisions and others previously quoted 11 is to make the practice and proceedings in arrests in civil 2 Re Sanborn, 52 Fed. 583. 3 U. S. v. Walsh, Deady, 281. 4 U. S. v. Hewes, Crabbe, 307. But see U. S. v. Tetlow, 2 Lowell, 159; Re Sanborn, 52 Fed. 583, 585. 5 U. S. v. Banister, 70 Fed. 44. 6 U. S. ex rel. Deinell v. Arnold, 69 Fed. 987, 992. See Stroheim v. Deinell, C. C. A., 77 Fed. 802. 7 U. S. R. S., § 991. 8 Act of May 28, 1896, ch. 252, § 19, 29 St. at L. 184, Comp. St. 1901, p. 499. Supra, § 418a; infra, § 483g. 9 Hayes v. Canada, A. & P. S. S. Co., C. C. A., 184 Fed. 821. 10 U. S. R. S., § 992. 11 U. S. R. S., § 914; supra, § 453; U. S. R. S., § 716; supra, § 461. actions in the Federal District Courts almost exactly similar to those in the State courts held in their respective districts.12 A judgment debtor may be arrested, under civil process of a Federal court, in any case where the State practice authorizes it.13 A person arrested under civil process of a Federal court may be incarcerated in any of the jails of the district.14 "Whenever any collector of the revenue, receiver of public money, or other officer who has received the public money before it is paid into the Treasury of the United States, fails 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 or the Commissioner of Customs, as the case may be, to cause to be stated the account of such officer, exhibiting truly the amount due to the United States, and to certify the same to the Solicitor of the Treasury, who shall issue a warrant of distress against the delinquent officer and his sureties, directed to the marshal of the district in which such officer and his sureties reside. Where the officer and his sureties reside in different districts, or where they, or either of them, reside in a district other than that in which the estate of either may be, which it is intended to take and sell, then such warrant shall be directed to the marshals of such districts, respectively." 15 "The warrant of distress shall specify the amount with which such delinquent is chargeable, and the sums, if any, which have been paid." 16 "The marshal authorized to execute any warrant of distress 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 12 Moan v. Wilmarth, 3 W. & M. 399; Gray v. Monroe, 1 McLean 528; Low v. Durfee, 5 Fed. 256; U. S. v. Tetlow, 2 Lowell, 159; Re Bergen, 2 Hughes, 513. But see Duncan v. Darst, 1 How. 301, 11 L. ed. 139; Re Watson Freeman, 6 Curt. 491; U. S. v. Knight, 14 Pet. 301, 10 L. ed. 465; U. S. v. Arnold, C. C. A., 69 Fed. 987. For the prac tice in Equity, see supra, §§ 326 328. 13 Johnson v. Crawford & Yothers, 154 Fed. 761. 14 Johnson v. Crawford & Yothers, 154 Fed. 761. 15 U. S. R. S., § 3625. |