« ForrigeFortsett »
To release or convey lands to debt-
Attorney instituting suit, to transmit
neys, &c. in proceedings, &c. Solicitor to establish rules, &c. for the observance of collectors, &c. respecting suits
Moneys recovered by solicitor, &c. to
Solicitor to obtain from district at-
ART. 241. There shall be appointed by the president, by and with the advice and consent of the senate, some suitable person, learned in the law, to be solicitor of the treasury.(1)
242. The powers vested in, and the duties required from the (former) agent of the treasury, shall be transferred to, vested in, and required from the solicitor of the treasury,(1) and therefore,
243. He shall 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.(2)
244. He shall also perform so much of the duties heretofore belonging to the office of commissioner or acting commissioner of the revenue, as relates to the superintendence of the collection of outstanding direct and internal duties.(3)
245. He shall have charge of all lands and other property, which have been, or shall be, conveyed to the United States, in payment of debts, and of all trusts created for their use, in payment of debts due to them; and to
(1) Act 29th May, 1830, sec. 1. (2) Act 15th May, 1820, sec. 1.
(3) Act 29th May, 1830, sec, 1.
sell and dispose of lands assigned to the United States, in payment of debts; or being vested in them by mortgage, or other security, for the payment of debts.(1)*
246. And where real estate hath already become the property of the United States, by conveyance or otherwise in payment of a debt, which has been fully paid in money, and received by the United States; he may release by deed, or otherwise convey, such real estate to the debtor from whom it was taken, if he be living, or if he be dead, to his heirs or devisees, or such person as they shall appoint.(1)
247. The secretary of the treasury shall cause to be transferred to the solicitor, all books, papers, and records belonging 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.(2)
248. 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.(2)
249. 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 such solicitor.(2) .
250. Whenever any bond for duties shall be delivered to a district attorney for suit, the collector delivering it shall immediately give information thereof to the solicitor, 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 shall make such entry thereof as that the said attorney may 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.(3)
251. 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.(3)
252. 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 a full and particular statement, as well of all cases in which the United States are party, which
(1) Act 29th May, 1830, sec. 1. (2) Ibid. sec. 2.
(3) Ibid. sec. 3.
By 1 section act 7 May, 1800, it is provided, that where the United States shall have obtained judgment in civil actions, brought in those states wherein, by the laws and practices of such states, lands or other real estate belonging to the debtor are delivered to the creditor in satisfaction of such judgments, and shall have received seisin and possession of lands so delivered, it shall be lawful for the marshal of the district wherein such lands or other real estate are situated, under the direction of the secretary of the treasury, to expose the same to sale at public auction, and to execute a grant thereof to the highest bidder, on receiving payment of the full purchase money; which grant, so made, shall vest in the purchaser all the right, estate, and interest, of the United States, in such lands, or other real estate.
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 the solicitor shall make constant and strict comparisons and examinations of such returns, 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 shall, immediately upon discovery thereof, communicate the same to the president.(1)
253. Whenever any suit for the recovery of any fine, penalty, or forfeiture, shall be instituted, a statement of such suit shall be immediately transmitted to the solicitor by the attorney instituting it; 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 such solicitor.(2)
254. The 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 thereto.(3)
255. He shall, with the approbation of the secretary of the treasury, 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 due and accruing to the United States.(4)
256. All moneys recovered by the solicitor, 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.(5)
257. The solicitor shall 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 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.(6)
258. The attorney general of the United States shall, at the request of the solicitor, advise with and direct him, as to the manner of conducting the suits, proceedings, and prosecutions aforesaid, and shall receive in addition to his present salary the sum of five hundred dollars per annum.(7)
259. The solicitor may, with the approbation of the secretary of the trea sury, employ one clerk, who shall receive a salary of eleven hundred and fifty dollars per annum.(8)
260. The solicitor of the treasury is authorized, in all cases where the
(1) Act 29th May, 1830, sec. 3.
(2) Ibid. sec. 4.
(3) Ibid. sec. 5.
(4) Ibid. sec. 7.
(5) Ibid. sec. 6.
estates of insolvent debtors have been, or hereafter shall be, assigned to the United States, under the act of the sixth of June, seventeen hundred and ninetyeight, entitled, "An act providing for the discharge of persons imprisoned for debts due to the United States," to sell such estates, whether real or personal, at such time and in such manner as, with the approbation of the secretary of the treasury, he shall think fit, for the best price that can be had therefor, and to make all needful conveyances, assignments, or transfers, of the same, to the purchaser or purchasers.(1)
261. At any and every sale, on executions at the suit of the United States, of lands or tenements of a debtor, it shall be lawful for the United States, by such agent as the solicitor of the treasury shall appoint, to become the purchaser of such lands and tenements: Provided, That in no case shall such agent bid in behalf of the United States for a greater amount than that of the judgment for which such estate may be exposed to sale, and the costs; and it shall be the duty of the marshal of the district in which such sale shall be held, in case such purchases shall be made, to make all needful conveyances, assignments, and transfers, to the United States; and the solicitor of the treasury is authorized, with the approbation of the secretary of the treasury, to sell and convey the said lands and tenements in the same manner as is directed by the preceding article in respect to lands and tenements assigned by insolvent debtors.(2)
262. Nothing herein contained shall be deemed or construed to take away or impair any other remedy which the United States may be now entitled to have against the person or property of debtors, to enforce the satisfaction of judgments obtained or which may hereafter be obtained.(3)
ART. 263. All purchases and contracts for supplies or services for the military and naval service of the United States, shall be made by or under the direction of the chief officers of the departments of war and the navy re spectively; and all agents or contractors for such supplies or services, shall render their accounts for settlement to the proper auditor of the treasury. (See auditors.) (4)
264. Such contracts and those made by or under the direction of the secretary of the treasury, shall be made either by open purchase or by previously advertising for proposals therefor.(5)
(1) Act 26th May, 1824, sec. 1.—Act 29th May, 1830, sec. 1.-Act 7th May, 1800, sec. 1.
(2) Ibid. Ibid.
(3) Act 26th May, 1824, sec. 3. (4) Act 16th July, 1798. 3d March, 1817.
(5) Act 3d March, 1809, sec. 5.
265. An annual statement of all such contracts and purchases, and of the expenditure of the moneys appropriated for the contingent expenses of the military establishment, for the contingent expenses of the navy of the United States, and for the discharge of miscellaneous claims, not otherwise provided for and paid at the treasury, shall be laid before congress at the beginning of each year by the secretary of the proper department.(1)
266. The secretary of the treasury, secretary of war, secretary of the navy, and the postmaster-general, shall annually lay before congress a statement of all the contracts which have been made in their respective departments, during the year preceding such report, exhibiting in such statement the name of the contractor, the article or thing contracted for, the place where the article was to be delivered or the thing performed, the sum to be paid for its performance or delivery, the date and duration of the contract.(2) No contract shall be made by the secretary of state, of the treasury, of the department of war or of the navy, except under a law authorizing the same, or under an appropriation adequate to its fulfilment; and excepting also, contracts for the subsistence and clothing of the army or navy, and contracts by the quartermaster's department, which may be made by the secretaries of those departments.(3)
267. No land shall be purchased on account of the United States, except under a law authorizing such purchase.(4)
268. All contracts to be made by virtue of any law of the United States, to be in any manner connected with the settlement of public accounts, shall be deposited in the office of the comptroller of the treasury of the United States within ninety days after their dates, respectively. (See post office.) (5)
269. Exclusively of the paymasters of the army, pursers of the navy, military agents, and other officers already authorized by law, no other permanent agents shall be appointed, either for the purpose of making contracts, or for the purchase of supplies, or for the disbursement in any other manner, of moneys for the use of the military establishment, or of the navy of the United States, but such as shall be appointed by the president, with the advice and consent of the senate: But, the president may, in the recess of the senate, appoint all or any of such agents, which appointments shall be submitted to the senate, at their next session, for their advice and consent; and the president may, until otherwise provided by law, fix the number and compensation of such agents: Provided, That the compensation allowed to either shall not exceed one per centum on the public moneys disbursed by him, nor in any instance the compensation allowed by law to the purveyor of public supplies.(6)
270. Every agent appointed by virtue of the next preceding article, and every purser of the navy, shall give bond, with one or more sufficient sureties, in such sums as the president may direct, for the faithful discharge of the trust reposed in him.(7)
271. No advance of public money shall be made in any case whatever ; but in all cases of contracts for the performance of any service, or the delivery of articles of any description for the use of the United States, payment shall not exceed the value of the service rendered, or of the articles delivered previously to such payment. But it shall be lawful under the special direction of the president, to make such advances to the disbursing officers of the government as may be necessary to the faithful and prompt discharge of their
(1) Act 3d March, 1809, sec. 5.
(5) Act 16th July, 1798, sec. 6.—Act March 3d, 1825, sec. 10.
(6) Act March 3d, 1809, sec. 3.