Page:United States Statutes at Large Volume 47 Part 1.djvu/976

 952 72d CONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . "Clerk" to include SEC. 259. " CLERK " DEFINE D TO INCL UDE ASSI STANT AND ACTING assistant and acting CLERKS. The word "clerk" as used in sections 255 to 258 shal l include the clerk of the district court, the assistant clerks thereof, and any acting clerk when performing the duties of the clerk or assistant clerk when they or any of them are absent on account of illness or vacation, or are unable to act from any cause. Disposition of un- SEC. 260 . DISPOSITION OF UNCLAIMED FUNDS BY CLERK .-All moneys, claimed funds securities, or funds now in the hands or under the possession or control of the clerk of the district court where, for a period of four years or more, no order has been made, or no step or proceeding has been had or taken in the case, action, or proceeding in, by, or through which said moneys, securities, or funds may have been deposited or left with said clerk or his predecessors in office, and where no valid claim has been made upon or for any such moneys, securities, or funds for a period of four years or more, and where the owner or ownership of said moneys, securities, or funds is unknown or where such owner refuses to accept the same, shall be held by said clerk and his successor in office until one year after the enactment of this code, unless sooner demanded by and turned over to the legal owner or owners thereo f. . One year after the enactment of this code, the clerk of the district court having in his possession any such moneys, securities, or funds shall turn the same over to the collector of the Panama Canal to be held and disposed of as hereinafter provided. Whenever the clerk of the district court has in his hands for a period of two years or more any fund or moneys belonging to any perso n or perso ns, which fund s or mone ys he has been unab le to disburse to such p erson or persons b ecause of his inab ility to locate them, or because of their refusal to accept the same, the said clerk shall upon order of the court turn the same over to the collector of the Panama Canal to be held and disposed of as hereinafter provi ded. Any person claiming to be entitled to any amount so deposited with the collector may, within five years after such deposit, petition the court or judge for an order directing payment to the said claim- ant. A copy of such petition shall be served on the collector and thereafter no such amount shall be covered into the Treasury of the United States, as hereinafter directed, until so ordered by the court. If no one claims the amount, as herein provided, or if a claim be made and disallowed and the court so directs, such amount devolves to the United States and shall be covered into the Treasury by the collector as miscellaneous receipts. TRIAL AND CHAPTER 1 1 .--TRI AL' AND JUDGMENT IN CIVIL CIVILACTONSI N ACT ION S General. "Jud gmen t," de. fined. May be for or against one of the parties. Agains t one p arty ; to othersaction may proceed as. JUDGMENT IN GENERAL SEC. 261. JUDGMENT DEFINED.-A judgment is the final determina- tion of the rights of the parties in an action or proceeding. SEC. 262. JUDGMENT MAY BE FOR OR AGAINST ONE OF THE PARTIES : Judgment may be given for or against one or more of several plain- tiffs, and for or against one or more of several defendants ; and it may, when the justice of the case requires it, •determine the ultimate rights of the parties on each side, as between themselves. SEC. 263. JUDGMENT MAY BE AGAINST ONE PARTY AND ACTION PRO- CEED AS To mmFRs :In an action against severanl defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper.