Page:United States Statutes at Large Volume 47 Part 1.djvu/975

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72d CONGRESS . SESS. II . CH. 127 . FEB RUARY 27, 1933 .

951 All cost s and expe nses conne cted with such adver tisin g sha ll be p aid out of the funds the where about s of whose owne rs are unk nown . DEPOSITS IN COURT ; HANDLING OF FUNDS BY CLERK

hens ling flande y clerk . SEC. 253 . DEPOSIT IN COURT .--When it is admitted by the plead- Court order. ings, or shown upon the examination of a party to the action, that he has in his possession, or under his control, any money or other thing capable of delivery, which, being the subject of litigation, is hel d by him as trustee for another party, or which be lon gs or is due to another party, the court may order the same, upon motion, to be deposited in court or delivered to such party, up on su ch conditions as may be just, subject to the further direction of the court . SEC . 254 . MANNER OF ENFORCING THE O R D ER .-Whenever, in the Enforcement . exercise of its authority, a court has ordered the deposit or delivery of money, or other thing, and the order is disobeyed, the court, beside punishing the disobedience, may ma ke an order requiring the marshal . to tak e the money, or thing, and dep os it or de li ver it in con fo rmi ty with the direction of the court . SE C. 255 . MONEY DEPOSITED DEEMED IN REGISTRY OF COURT .-Every of court . in registry sum of money deposited wit h a clerk of sa id court, by or for the use of any par ty, u pon a judg ment of the cou rt or in a pend ing a ction or proceeding by virtue of the law or by direction of the court, as so on as deposited with the clerk, shall be deemed to be in the registry of the court . SEC. 256. CLERK TO DEP OS IT BU MS OV ER $2 00 IN DE PO SIT OR Y ; DISBURSE- Su ms over $2110 ; dis- MENT ; RECORD OF RECEIPT AND DISBURSEMENT .-The clerk shall depo sit b ursem ent

record of

in so me de pos it ory designated by the judge of sa id court, in the nam e of the " District Court, Can al Zone," ev ery sum of money depos ited in the reg istry of the co urt w hich excee ds $2 00, as soo n as the same is received ; and such money may thereafter be paid out only on a check, voucher, or order of the court, or the judge thereof count ersig ned by a c lerk of the court . The clerk in ea ch division oil the district court shall ma ke a record showing the date of receipt, the amount received, from whom received, and the case in which any su ch money is deposited in the registry of the court ; and the dat e, amount, and to whom the same was paid out . SEC . 257 . MAINTENANCE OF GENERAL DEPOSIT ACCOUNT ; INTEREST - Maintenance o f gen - eral depos it ac count ; COMMISSION ; DEPOSIT OF FUNDS OF $2 00 OR LEss .-The clerk shall

est ; commission . maintain a general deposit account in a designated depository in which shal l be depos ited every cash fund exce eding $200 depo sited in the registry of the court . Interest earned on such general account shall be retained by the clerk as his commission for receiving and caring therefor and shall be accounted for by him as fees of his office . No commission sh all be charged by the clerk for handling $~opo

~ of funds of

any f und of $200 or less . In any case, however, where any su ch fu nd is likely to remain in Deposit in bank. the registry of the court for six months or more, and where the parties so stipulate or the court so directs, such fund shall be deposited in a designated bank in a savings account at interest . The clerk's commission for caring for such fund in such case shall be paid only out of interest earned thereon, to the amount of one-fourth of such interest. The remainder of such interest shall be deemed a pa rt of such fund and shall be paid out on order or decree of the court acco rding to the ex igenc y of the case . SEC. 258. JUDGE TO DESIGNATE ONE OR MORE DEPOSITORIES.-The jud ge posi es= tion of do- of the district court shall designate one or more depositories in which money deposited in the registry of the court shall be deposited by the clerks .