Page:United States Statutes at Large Volume 49 Part 1.djvu/972

 74TH CONGRESS. SESS. I. CH. 776. AUGUST 27, 1935 . 927 "SEC . 7 . (a) Upon the conditions herein prescribed for the protec- cIouoe stetoge f• re- tion of the United States, the consent of the United States is iven, conse nt to nam e Go ve rnm ent party de- to be named a party in any suit which is now pending or which- may fendant in suits' be brought in any of the insular courts of the island of volving, granted . o Puerto Rico by the Federal Land Bank of Baltimore or the Federal Farm M ortga ge Cor porati on fo r the forecl osure of an y mort gage or other lien upon real estate for the purpose of any mortgage or ther lien upon real estate for the purpose of 1 securing an adjudica- tion touching any junior mortgage or other junior lien the United States may have or claim by virtue of loans made pursuant to the provisions of this joint resolution . Service upon the United States Service o fStates . pr •ee`-s up on United Ln ited ., tat es. shall be made by serving the process of the court with a copy of the bill of complain t upon t he Unite d States attorne y for th e distri ct or division in which the suit has been or may be brought and by s ending c opies of the pro cess and bill, b y regist ered mai l, to th e Attorney General of the United States at Washington, District of Columbia. The United States shall have sixty days after service as above provided, or such further time as the court may allow, within which to appear and answer, plead, or demur. Any such suit brought Remo val of snits t , from insular courts. against the United States in any insular court may be removed by the United States to the United States District Court for the district in which the suit may be pending. The removal shall be effected in the u .S.C.,p.1234. manner prescribed by section 29 of the Judicial Code (U . S . C., title 28, sec. 72) : Provided, That the petition for removal may be filed at P ~o~dure. any time before the expiration of thirty days after the time herein or by the court allowed by the United States to answer, and no removal bond shall be required. The court to which the cause is removed may, before judgment, remand it to the insular court if it shall appear that there is no real dispute respecting the rights of the United States, or all the other parties shall concede of record the claims of the United States. Except as herein otherwise pro- of ludicial sales ; ef fect vided, a judicial sale made in pursuance of a judgment in such a suit shall have the same effect respecting the discharge of the prop- erty from liens and encumbrances held by the United States as may b e provid ed with respect to such matters by the l aw of Pu erto Ric o and in which island the land is situated : Provided, That a sale to Satisfying lien in- ferior to that of Gov- satisfy a lien inferior to one of the United States shall be made sub- ernment. ject to and without disturbing the lien of the United States, unless Exception" the United States, by its attorneys, consents that the property may be sold free of its mortgage or lien and the proceeds divided as the parties may be entitled . In any case where the debt to the United Fo recl osur e of .•' ernment's liens, etc St ates is due, the United Sta tes may ask, by way of aff irmative relie f, j for the foreclosure of its own lien or mortgage and in any case where the property is sold to satisfy a first mortgage or first lien held by the United States, the United States may bid at the sale such sum not exceeding the amount of its claim with expenses of sale, as may be directed by the chief of the department, bureau, or other agency of the Government which has charge of the administration of the laws in respect of which the claim of the United States arises . No udgment for costs or other money judgment shall be rendered against the United States in any suit or proceeding which may be instituted under the provisions of this section. Nor shall the United States for os Federal liability be or become liable for the payment of the costs of any such suit or proceeding or any part thereof : Pr ovided Th at if the Federal sums over certain o investments to be paid L and Ba nk of Baltimore or the Fe der al Farm Mortgage Cor por a- to Hurri cane Relief t ion acqu ire the property involve d in the proceed ings in which th e Commission. United States was made a party under the provisions of this section, any amo unt the Federal Land Ba nk of Baltimore or the Fed era l Farm Mortgage Corporation may receive upon the ultimate disposi- tion of the property, exceeding the amount of its investment, but i So in original.