Page:United States Statutes at Large Volume 31.djvu/570

 518 FIFTY—SIXTH CONGRESS. Sess. I. Ch. 786. 1900. sale as may be prescribed by the court in the order, the marshalshall, within ten days after such sale, make a report thereof to the court, and, upon hearing the report, the court may examine the same and witnesses in relation thereto, and if the procee ings of such sale are unfair, or the sum or sums bid are disproportionate to the value of the portion sold, and if it appear that a fgreater sum can be obtained for the property, or any portion thereo, exceeding such bid at least ten per centum, exclusive of the expense of a new sale, the court may vacate the sale and direct another sale to be had, and the new sale shall be conducted in` all respects as if no uprevious sale had taken {place. But if it appears to the court that the s e was legally made and airly conducted, and that the sum bid is not disproportionate to the value of the pro - erty sold, and that a greater sum t an ten per centum, exclusive of the expense of a new sa e, can not be obtained, the court must make an ., or er confirming the sale and directing the marshal in the name of the ` United States to execute to the purchaser or purchasers a conveyance of the property sold; and the conveyance shal vest in the purchaser or purchasers all the right and title of the United States therein; and also irectinghghat the purchaser or purchasers shall execute and deliver to the mar ‘l his- or their note or notes, payable to the United States for the deferred payments with a first mortga e upon the plropert con- . veyed, to secure the deferred payments. gud the mars al shall, out of the proceeds of such sale, pay the cost of the proceedings incurred on behalf of the United States, including the expense of making such sale, and the remainder together with the notes and mortgages, he shall deliver to the United States attorneygtaking his receipt therefor, and the United States attorney shall deposit the sum with the clerk of the district court, who shall pay the same into the Treasury of the United States in the manner rovided by law for other moneys recovered in _ actions by the Unitedgtates. _ _ _ ,,};,,°{‘i‘,°‘{",§f,’,’?,‘{,§',,% Sec. 187. Within ten years after ]udgment in any proeeeding had <>¤¤di¤s¤¤=¤r¢¤¤- under tl11S chapter, a person not a party or pmvyl to such proceeding · may file a petition in the district court showing is claim or right to the property or the Groceeds thereof. A copiy of such petition must be servedupon the nited States attorney at east twenty days before the hearing of the petition, who must answer the same; and the court thereupon must try the issue as issues are tried in civil actions, and if it be etermined that such rson—. is entitled to the property or the proceeds thereof,-it must ord; the propertdy, if it has not been sold, to be delivered to him; or if it has been sol and the dproceeds paid into the Treasury of the United States, then it must or er that a copy of the judgment be forwarded to the Secretary of the Treasury. All persons who fail to appear and file their petition within the time limited y-law are forever barred, saviug,· however, to infants, and persons of unsound mind, the right to appear and Hle their petitions at any time within the time limited, or one year after their respective disabilities 00886; P¤>¤¤¤¤i¤8¤i¤ me Sec. 188. In all cases of rsonal estate, the court shall direct by °f mmm Pmpmm order that the same be sold E; the marshal, as upon execution, and the . roceeds be applied to the payment of the costs incurred bg the United States-and the costsand c arges of making such sale, an the residue to the district- attorney,-who shall pay the same to the clerk of the court as herein-before provided.· ml{g¢g;¤b*:¢;kPmWm Sec. 189. When the governor is informed or has reason to believe ' that any bank, banker,-or banking institution in the district now has 01: holds on deposit or otherwise any fund, funds, or other proper:-Iv of any kind or nature which has escheated to the district, he sh »l direct the United States attorney to file in the district court an information or bill of discovery, with proper interrogatories to be answered