Page:United States Statutes at Large Volume 31.djvu/454

 *402 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. p0E{f°°P“°““ W *°‘ Sec. 415. The report of the referee may be excepted to by either ` party to the action or to the proceedings before the referee, in like manner and with like effect as in ordinary cases. lf a lien creditor be absent from the district, or his residence therein be unknown, and that fact appear by affidavit, the court or judge thereof may by order , direct that service of the notice may be- made upon his agent or attorney of record or by publication thereof for such time and in such manner as the order may prescribe. ,,(f§,“§§§e‘;{,,§?““’m“‘ Sec. 416. If the report of the referee be confirmed, the order of confirmation is binding and conclusive upon all parties to the action and upon the lien creditors who have been duly served with the notice to appear before the referee as provided in section four hundred and thirteen. » . -. ‘ cegggtgibgy 0* P’°· Sec. 417. The proceeds of the sale of the incumbered property shall be distributed by the judgment of the court as follows: . First. To pay its just proportion of the general costs of the action; Second. To pay the costs of the reference; Third. To satisfy theseveral liens, in their order of priority, by payrpentzof the sums due and to become due, according to the judg- .» men- ; - - Fourth. The residue among the owners of the property sold, accordin to their respective shares.   ,_ mWul§;,P{;*Y€¤;ggl;Q Sec. 418. W enevera any party to the action or who holds a lien miiersecunaes. upon the property or any part thereof has other securities for the paymentof the amount of such lien, the court may, in its discretion, order such securities to be exhausted before adistribution of the proceeds of sale, or may order a just deduction to be made from the -_ amount of the lien on the property on account thereof. a€1f;;°§§§}{{,§,§&‘}§,}§ Sec. 419. The proceedings to ascertain the amount of the liens and names. · to determine their priority, as above provided, or those hereinafter autzhoriz ¤ to determine the rights of parties to funds paid into court, shall not delay the sale nor adect any other party whose rights are not involved in suchproceedings. ,,eP({§$,?§,§,,§,§ §§?§,,§§ Sec. 420. The proceeds of sale and the securities taken by the imo com- referees, or an part thereof, shall be distributed by them to the persons entitled tlsiereto whenever the court so directs. But if no such direction be given all such proceeds and securities shall be paid into . counteor deposited as directed by the court. mfQ;€¤ ¤°*i°¤*° °°¤· Sec. 4211 When the proceeds of sales of any shares or parcel belong- ` ing to ersons who are parties to the action, and who are known, · are paid) into court, the action may becontinuedas between such éptarties for the determination of their respective claims thereto, which all be ascertained and adjudged by the court. Further testimony may be taken in court, or by a referee, at thediscretion of the court, and the court may, if necessary, require such parties to present the facts or V law in controversy, by pleading, as in an original action. hg_l$ml¤g mf€*°€S· Sec. 422. All sales of real proplerty made by the referees shall be ` made by public auction to the hig est bidder, in the manner required for the stile of real property on execution. The notice shall state the time, place, and terms of  and   theproperty or any part of it is `* to be sold subject to a prior restate, charge, or lien, that shall be stated in the notice. l ” _a$é>¤g ggeyllaggig Sec. 423. The court shall, in the order of sale, direct the terms of ewan.- - credit which may be allowed for the purchase moneyof any portion of the premises of which it may direct a sale on credit; and for that poration of which the purchase money is required by the provisions hereinafter contained to be invested for the benefit of unknown owners, infants, and parties out of the district.