Page:United States Statutes at Large Volume 62 Part 1.djvu/990

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAWS-CH. 646-JUNE 25, 1948 The United States marshal shall summon the appraisers in the same manner as the sheriff is required to summon appraisers under State law. If the appraisers fail to attend and perform their required duties, the marshal may sell the goods without an appraisal. Appraisers attending and performing their duties, shall receive the fees allowed for appraisals under State law. § 2006. Execution against revenue officer Execution shall not issue against a collector or other revenue officer on a final judgment in any proceeding against him for any of his acts, or for the recovery of any money exacted by or paid to him and subse- quently paid into the Treasury, in performing his official duties, if the court certifies that: (1) probable cause existed; or (2) the officer acted under the directions of the Secretary of the Treasury or other proper Government officer. When such certificate has been issued, the amount of the judgment shall be paid out of the proper appropriation by the Treasury. § 2007. Imprisonment for debt (a) A person shall not be imprisoned for debt on a writ of execu- tion or other process issued from a court of the United States in any State wherein imprisonment for debt has been abolished. All modi- fications, conditions, and restrictions upon such imprisonment pro- vided by State law shall apply to any writ of execution or process issued from a court of the United States in accordance with the pro- cedure applicable in such State. (b) Any person arrested or imprisoned in any State on a writ of execution or other process issued from any court of the United States in a civil action shall have the same jail privileges and be governed by the same regulations as persons confined in like cases on process issued from the courts of such State. The same requirements governing dis- charge as are applicable in such State shall apply. Any proceedings for discharge shall be conducted before a United States commissioner for the judicial district wherein the defendant is held. CHAPTER 129-MONEYS PAID INTO COURT Sec. 2041. Deposit 2042. Withdrawal. § 2041. Deposit All moneys paid into any court of the United States, or received by the officers thereof, in any case pending or adjudicated in such court, shall be forthwith deposited with the Treasurer of the United States or a designated depositary, in the name and to the credit of such court. This section shall not prevent the delivery of any such money to the rightful owners upon security, according to agreement of parties, under the direction of the court. § 2042. Withdrawal No money deposited shall be withdrawn except by order of court. In every case in which the right to withdraw money deposited in court has been adjudicated or is not in dispute and such money has remained so deposited for at least five years unclaimed by the person entitled thereto, such court shall cause such money to be deposited in the Treasury in the name and to the credit of the United States. Any claimant entitled to an such money may, on petition to the court and upon notice to the United States attorney and full proof of the right thereto, obtain an order directing payment to him. [62 STAT.