Page:United States Statutes at Large Volume 49 Part 1.djvu/157

 112 74TH CONGRESS. SESS. I. CH. 46. APRIL 8, 1935. whom it may concern, citing them to appear at a time and place named and show cause why a receiver of the property named in the marshal 's sched ule shoul d not be appointe d and sai d propert y held and disposed of under the provisions of this Act. SEC. 4. The return day of said notice shall be not less than thirty nor more than sixty days after its date unless otherwise ordered by the court. The cour t sha ll o rder said noti ce to be publi shed not less than once in each of three successive weeks in one or more newspapers within the District of Columbia, and a copy to be posted in a con- spicuous place and upon each parcel of land named in the marshal's schedule, and a copy to be mailed to the last known address of such absentee. The court may order other and further notice to be given within or without the District of Columbia. Court action if ab- SEC. 5. The absentee or any person y who claims an interest in an sentee appears. Return day of notice, Pu blication of. If receiver appointed. Bond. Transfer of property to receiver. Additional property of absentee. Deb ts due abs entee . Petition may be filed. Receiver ; appoint- ment. Collection of debts by. Bond . Authority of receiver. Conserva tion of prop- erty. Use of property or proceeds. of the property may appear and show cause why the prayer of the petition should not be granted. The court may after hearing dismiss the petition and order the property in possession of the marshal to be returned to the person entitled thereto, or it may appoint a receiver of the property which is in the possession of the marshal and named in his schedule. If a receiver is appointed, the court shall find and record the date of the disappearance or absconding of the absentee ; and such receiver shall give bond to said court in such sum and with such condition as the court orders, with a corporate surety thereon approved by the court. SEC. 6. After the approval of such bond the court may order the marshal to t ransfer and deliver to such receiver the possession o f the property under the aforesaid warrant, and the receiver shall file in said court a schedule of the property received by him. SEC. 7. Such receiver upon petition filed by him may be authorized and directed by the court to take possession of any additional property within the District of Columbia which belongs to such absentee and to demand and collect all debts due such absentee from any person within the District of Columbia, and hold the same as if it had been transferred and delivered to him by the marshal. SEC. S. If such absentee has left no corporeal property within the District of Columbia, but there are debts and obligations due or owing to him from persons within the District of Columbia, a petition may be filed as provided in section 1, stating the nature and amount of such debts and obligations, so far as known, and praying that a receiver thereof may be appointed. The court may thereupon is sue a notice as above provi ded, without issuing a war rant, and may, upon the return of said notice and after a summary hear ing, dism iss the p etition or appoin t a recei ver and authorize and direct him to demand and collect the debts and obligations specified in said petition. The receiver shall give bond as provided in se ction 5, and shall hold th e proceeds of such debts an d obligations and all prope rty r eceiv ed by him, and d istri bute the s ame as hereinafter provided. The court may confer upon the receiver such further authority as may be conferred under section 7. SEC. 9 . The court may make orders for the care, custody, leasing, and investing of all property and its proceeds in the possession of the receiver. After the appointment of a receiver, upon his petition and after notice, the court may order all or part of said property, including the rights of the absentee in land, to be mortgaged, or sold at public or private sale, to supply money for payments authorized by this Act or for reinvestment approved by the court. SEC. 10. The court may order said property or its proceeds acquired by mortgage, lease, or sale to be applied in payment of charges incurred or that may be incurred in the support and maintenance of