Page:United States Statutes at Large Volume 18 Part 1.djvu/250

 178 Trram xm.——THE J UDICIARY.—Ch. 18. 1¤¤¤¤ fpndéwd Sec. 936. When any person summoned as garnishee deposes in open ‘Kh°‘?¥g",;;l:,°°d°' court that he is not, and was not at the time of the service of the sum— I }’, l a , r::·.:.:s:.*;;:·*..*·:,:·::.*;.$<.s;*:.:’::r:°:;,s·*;f*:*.*::2 5s2r22d2r? .:z.;*·: 83·“·°»"·3-P·“8· verdict is rendciied against the garnishee, jiidgment shall be entered in favor of the United btates, pursuant to such verdict, with costs of suit. G¤=·¤i¤h¤¤f¤i1i¤s Sec. 937. If any person summoned as garnishee, as aforesaid, fails to 3E2F2L. appear at the term of the court to whic he is summoned, he shall be 83?3_‘j,l:$ié}gi§j:j subject to attachment for contempt of the court. B¤1l1!¤B 01 P¤>P· Sec. 938. Upon the pra Yer of any claimant to the court, that any ves- ...1.. respecting the revenue from imports or tonnage, or the registering and 4 A\_}S·» 1790· °· recording, or the enrolling and icensing of vessels, or any part thereof, 35$" 1{§’§;7£; should be delivsred to him, tlhe cpipitbsahall appoint three propcrtggrsons 1, ,,_ 29,v_’]_, _ 2§g_ to a raise suc ro erty, w o s a sworn in o n court, or ores 18 Feb., 1g93, c. comlidissioner apploifiled by the district court to administer oaths to ap- 8,; fiisé 16631;- pmmm, fp; the igiithful ischprge of their dufly; and the appraisement · * ‘ s em eatt eexpenseo theparty onw oseprayeritis nted. “§s'Ll},:f,1i?§93?2f If, on the return of the appraisement, the claimant, with one giiamore 22, s. 89,v. 1, pp. sureties, to be approved by the court, shall execute a bond to the United 695. 696- States for the (payment of a sum equal to the sum at which the property prayed to be elxvered is appraised, and produce a certificate from the collector of the district where the trial is had, and of the naval officer thereof, if any there be, that the duties on the goods, wares, and merchandise, or tonnage-duty on the vessel so claimed, have been paid or secured in like manner as if the same had been legally entered, the court shall, by rule, order such vessel, goods, wares, or merchandise to be delivered to such claimant; and the said bond shall be lodged with the proper officer of the court. If judgment passes in favor of the claimant, the court shall cause the said bond to be canceled; but if judgment passes against the claimant, as to the whole or any part of such vessel, goods, wares, or merchandise, and the claimant oes not within twenty days thereafter pay into the court, or to the proper officer thereof, the amount of the appraised value of such vessel, goods, wares, or merchandise so condemned, with the costs}, judgmept shlalll be granted upon the bond, on motion in o n court, wit out urt er e ay. [Baum.] Bale after von- Sec. 939.}).211 vessels, goods, wares, or merchandise which shall be d°m"**'°“· _ condemned by virtue of any law respecting the revenue from imports 354 A6ug., {190,,, or tomnage, 01; the gegisterlnglarlrg rpcorliag, or lthe ermling and liceplp- .¤· N- . · -ingo vesse ,an or w ic n ss not ave n ven e 1 2l2€°:·;1E°gég· claimant;; shalllbe sold by tilnelmlacmlgpli or othier [Kepler ogitéexghf the donpt """ 'inwic conemnationsa ,toteiestiderat ubic s,?siIs?»ll igpggiil auction, by order lof saab couirt, and at auch rgace as the courl.) may M-. . <=· a int, vin at east teen a s notice except in cases of rishable 22·°·°°·"· 1»P·°9“· ni)di·•chan£se)  one or more of the public news ppers of the pliilize where such sale shall be; or if no paper is publishedpin such place, in one or more of the papers published in the nearest place thereto; for which advertising, a sum not exceeding five dollars shall be lpaid. And the amount of such sales, deducting all proper charges, shal be paid within ten days after such sale by the person selling the same to the clerk or other proper officcr of the court directing suc sale, to be by him, after deducting the changps allowed by the court, paid to the collector of the gistrmn which suc seizure or forfeiture has taken place, as hereinbefore irec . ln cases of seiz- Sec. 940. In any cause of admiralty and maritime jurisdiction, or other uw 2,**1,1 M! <>i case of seizure, depending in any court of the United States, any judge g';`? Y "‘ "°“' of the said court, in vacation, shall have the same authoritv to order any -1-—-.. vessel, or cargo, or other (property to be delivered to the claimants, upon 35*8%;*{;·,179*,};,,';· bail or bond, or to be sol when necessary, as the said court has in term g,,' Décj, #{,2, cj time, and to appoint appraisers, and exercise every other incidental power 1,,_z9,v_ 1, p_ ggg_ necessary to t_e comp ctc_ execution of the authority herein granted; and the recogmzance of bail or bond, under such order, maybe executed
 * ’,;{0:,€$‘;‘lv:“d°' sel, goods, wares, or merchandise, seized and prosecuted under any law