Page:United States Statutes at Large Volume 31.djvu/1317

 1*1ErY-sixTH CONGRESS. sms. II. ca. sai. 1;.01. 1265 Sec. 479. UNDERTAKINGS.—·AH undertaking shall be understood to U“d°'°“k“’g“· signify an agreement entered into by a party to a suit or proceeding, with or wit out sureties, upon which a judgment or decree ma be rendered in the same suit or proce wding against said party andy his sureties, if any, the said party and sureties submitting themselves to the jurisdiction of the court for that purpose. Sec. 480. ACTIONS ON BONDS.-·-A bond in a penal sum, containing A°“°“¤"“"°“‘lS· a condition that it shall be void on the payment of a certain sum of money, or the performance of an act, or of certain duties, shall have the same effect for the purpose of maintaining an action upon it as if it contained a covenant to pay the money or perform the act or the duties specified in the condition. But the damages to be recovered for a breach, or successive breaches, of the condition, as against the surcties therein, shall not exceed the penalty of the bond. SEc. 481. BoND TO UNITED STATES BY OFFICERS.—“Th€H€\’B1`2LbOI`1d Bond tg, United is executed to the United States by any Hduciary or public officer, Smeg by ° cm' conditioned for the performance of certain duties, in the performance of which private persons are interested, any such persons, aggrieved by a breach of such condition, shall be entitled to maintain an action thereon in his own name a ainst the obligor and his sureties to recover damages for the injury sugered by him in consequence of such breach; and it shall be the duty of the custodian of such bond to furnish a certified copy thereof to said party for the purpose aforesaid on pay- ment of the legal fees therefor. Sec. 482. BoNDs or TRUSTEES.—If any person appointed by order B<>¤d¤¤f¤¤Sr¤¤¤- or decree of the court to the office of trustee or to any other fiduciary office shall give bond, with surety or sureties, for the due performance ` of his duties, he shall not be allowed to discharge said bond by receipts, releases, or acquittances from himself, as attorney forparties interested, to himself as such trustee or other fiduciary; but the funds o1· estate for the due application whereof he is responsible shall be considered as remaining in his hands, and said bond shall continue in force as against both principal and sureties until said funds or estate shall be fully accounted for and paid over or delivered to the parties interested therein, or their attorney, other than said trustee or other fiduciary duly authorized to receive the same. CHAPTER FIFTEEN. CONDEMNATION or LAND ron PUBLIC usa. l...‘2.;’?.2‘i.‘.§‘b‘i&*§§’;2..°‘ Sec. 483. LAND Fon UNITED STATES AND DISTRICT or CoLUME1A.-— Ségnd g¤DU¤.i¢<><} Whenever land in the District is needed for the use of the United States, Coliilriibila. mm 0 or by the Commissioners of the District for sites of schoolhouses, fire or police stations, or for a right of way for sewers, or for any other municipal use authorized by Congress, and the same can not be acquired by purchase from the owners thereof at a price satisfactory to the officers of the Government authorized to negotiate for the same, application may be made to the supreme court of the District by petition in the name of the United States or of said Commissioners, as the case may be, for the condemnation of said land or said right of way and the ascertainment of its value. SEo. 484. PETITION, WHAT TO sHow.—Such petition shall contain a Sh1g$§i*i<>¤r what 10 particular description of the property selected, with the names of the ` owners thereof and their residences, so far as the same may be ascertained, together with a plan of the land to be taken. - Sec. 485. CITATION TO WNERS.—·ThB said court, holding a district Ci¤*¤<>¤ ¤<><>w¤*>¤- court of the United States, shall thereupon cite all the owners and other persons interested to a pear in said court, at a time to be fixed by the court, to answer saig petition; and if it shall appear to the court that there are any owners or other persons interested who are voL xxx1——8O