Page:United States Statutes at Large Volume 1.djvu/724
602 Supervisors to keep account. of taxes due.
FIFTH CONGRESS. Sess. II. Ch.75. 1798.
Sec. 14. And be it further enacted, That the supervisors of the respective districts, shall keep true and exact accounts of all taxes due and payable in each collection district, and shall charge the amount thereof to the collectors of such districts respectively. And the said collectors Collectors to shall, at the expiration of every month after they shall, respectively, comaccount month. mence their collections, in manner aforesaid, render to the supervisor of ly. the district, or the inspector of the survey within which the said collections shall, respectively, be made, a full and true account of the collections made by them, respectively, within the month, and pay over to the said supervisor or inspector, the monies by them respectively collected within the said term. And if any such collector shall faiJ or neglect to account and pay over, as aforesaid, at any of the periods above prescribed, such collector shall forfeit and pay three hundred dollars, to be recovered to the use of the United States, with costs of suit, in any court having competent jurisdiction. And where any monies shall have been paid, as aforesaid, to the inspector of a survey, by any collector, the receipt of such inspector shall be allowed to such collector, in the final settlement of his accounts with the supervisor of the district. Sec. 15. And be it furtlter enacted, That each of the said collectors Collectors to complete their shall complete the collection of all sums assigned to him, for collection, duty and pay over the money as aforesaid, and shall account for, and pay over the same to the superin one year and visor of the district, within one year and one month from and after the one month. time when the said tax shall have become due and payable, in manner aforesaid; and if any collector shall fail so to collect, account and pay over, it shall be the duty of the supervisor of the district, and he is hereby How the pay- authorized and required to issue a warrant of distress against such dement shall be linquent collector and his sureties, directed to the marshal of the district, enforced. therein expressing the amount of the taxes imposed on the district of such collector, and the sums, if any, which have been paid; and the said marshal shall himself, or by his deputy, immediately proceed to levy and collect the sum which may remain due, by distress and sale of the goods and chattels, or any personal effects of the delinquent collector; and for want of goods, chattels or effects, aforesaid, sufficient to satisfy the said warrant, the same may be levied on the person of the collector, who may be committed to prison, there to remain, until discharged in due course of law. And furthermore, notwithstanding the commitment of the collector to prison, as aforesaid, or if he abscond, and goods, chattels and effects cannot be found, sufficient to satisfy the said warrant, the said marshal, or his deputy, shall and may proceed to levy and collflct the sum which may remain due, by distress and sale of the goods and chattels, or any personal effects, of the surety or sureties of the delinquent collector. Sec. 16. And be it further enQ.(;ted, That the amount of the sums Lien upon the real estate of committed to any collector, for collection as aforesaid, shall, and the same collectors. are hereby declared to be a lien upon the lands and real estate of such collector, and his sureties, until the same shall be discharged, according to law; and for want of goods and chattels, or other personal effects of such collector, or his sureties, sufficient to satisfy any warrant of distress 'issued pursuant to the preceding section of this act, the lands and real estate of such collector, and his sureties, or so much thereof as may be necessary for satisfying the said warrant, after being advertised for at least three weeks, in not less than three public places in the collection district, and in one newspaper printed in the county, if any there be, prior to the proposed time of sale, may and shall be sold by the marshal or his deputy; and for all lands and real estate sold, in pursuance of the authority aforesaid, the conveyances of the marshals, or their deputies, power should precede it. In the cases of lands sold for the Don-payment of taxes, the marshal's deed is not prima facie evidence that the prerequisites of the law have been complied with; but the party claim iog under it, must show this postbvely. Williams v. Peyton's I,essee, 4 When!. 77; 4 Condo Rop. 395.