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Nov. 8, 1871.
Thos. F. Purnell, Esq. U. S. Marshal,
Austin, Texas.
Sir:
I have received your letter
of the 28th ultimo, relative to certain
monies recieved by you for the
sale of certain horses and mules
sold under an interlocutory decree
of the District Court of the United States
for your District, and asking what
disposition shall be made thereof,
and how the necessary expenses of
keeping the animals and of the
sale of the same shall be paid.
In reply, I have to inform
you that the money should remain
where you have placed it—with the
U. S. Depositary, to the credit of
the Court, to abide the final result
of the suit. When the judgment is
rendered, if it be in favor of the
United States, the Court will then
allow your costs and expenses
out of the proceeds realized; but
if, on the contrary, the suit should
be determined in favor of the claimants,
then the amount will, under
the order of the Court, be returned
to them. And you should render
a special account for such costs
and expenses as may have been incurred,
to the First Auditor of the
Treasury, by which officer it will
be adjusted.
Very respectfully,
A. J. Akerman,
Attorney General.
certain moneys involved in pending suit.
Texas.
