Page:United States Statutes at Large Volume 31.djvu/569

 FIFTY-SIXTH CONGRESS. Sess. l. Ch. 786. 1900. 517 Sec. 183.. The United States may maintain any action or proceed- mg¢>¤¤¢¤*¤Ig;1 to 0*+ ing necessary to recover the possession of any such property, or for ' the enforcement or protection of its rights thereto or on account thereof, in like manner and with like effect as any natural person. Such action or proceedin shall be prosecuted by the United States attorney, by the leave ang under the direction of the Attorney-General, and not otherwise. Sec. 184. When the governor is informed or has reason to believe stg¤vg¤;g;U 1;=;¤¢ me that anly real or persona pro erty has escheated to the United Eéisates, W ‘ he shall direct the United States attorney to Ele an information in behalf and in the name of the United States in the district court, setting forth a description of the estate, the name of the person last seized, the name of the occupant or the person in possession and claiming such estate, if known, and the facts and circumstances in consequence of which the estate is claimed to have been escheated, with an allegation that bg} reason thereof the United States has right by law to such estate. pon such information a summons must issue to such person, reauirinv im to appear and answer the information within the time a owedb by law in civil actions, and the court must make an order setting forth brieiiy the contents of the information and requiring all persons interested in the estate to appear and show cause, if any _ they have, within such time as the court making such order may fix, why the title should not vest in the United States, which order must be published for at least six consecutive weeks from the date thereof, in a newspaper published in the lprecinct, if one be published therein, and in case no newspaper is pu lished in the precinct, then in such newspaper in the district as the court by order may digect. · Sec. 185. The court, upon the information being Bled, with and ,,,c°§‘§§,_“"°Y "pP°“" upon the application of the United States attorney, either before or I a ter answer, upon notice to the party claiming suc estate, if known, may, upon suiHcient cause therefor being shown, appoint a receiver to take char e of such estate, and receive the rents and profits of the same, until the title to such estate is finally settled. Sec. 186. All persons named in the information may appear and ,n{;’§¤§§,’g°g,“’{,,§;,“g‘g; answer, and ma · traverse or deny; the facts stated in the in ormation, fendthe title of the United States to the lands and tenements therein mentioned at any time before the time for answering expires; and any other person claiming an interest in such estate may appear and be made a defendant by motion for that purpose in open court within the time allowed for answering; and if no person appears and answers within the time, then judgment must be rendered that the United , States be seized of the lands and tenements in such information claimed. _But if any person appears and denies the title set up by the United States, or traverses any material fact set forth in the information, the issue of the fact must be tried as issues of facts are tried in civil actions. If, after the issues are tried, it appears from the facts found that the United States has ood title to the estate in the information mentioned, or any art thereoi `udgment must be rendered that the United States be seizes thereof, and recover costs of action against the defendant. In any judgment rendered, or that has heretofore been rendered, by any court of competent jurisdiction, escheating real property to the nited States, on motion of the United States attorney the court shall make an order that the real ro erty be sold by the marshal at public sale, and upon such terms, wgether for cash or credit, or both, as shall be deemed for the best interests of the United States. And if such court shall deem it most advantageous for the United States, it may direct that the lands be surveyed into lots and sold in s ecinc portions, upon such terms as to ayments therefor as may be d)eemed bestfor the United States. After giving such notice of the time and place of