Page:United States Statutes at Large Volume 53 Part 1.djvu/682

 APPENDIX Government, no execution shall issue against such collector or other officer, but the amounts so recovered shall, upon final judgment, be provided for and paid out of the proper appropriation from the Treasury. (R. S. § 989.) (U. S. C ., Title 28, § 842.) UNITED STATES MAY BE MADE A PARTY DEFENDANT IN CERTAIN CASES (Act Mar. 4, 1931, c. 515, 48 Stat. 1529, etc.) SEC. 1. Upon the conditions herein prescribed for the protection of the United States, the consent of the United States be, and it is hereby given, to be named a party in any suit which is now pending or which may hereafter be brought in any United States district court, including those for the districts of Alaska, Hawaii, and Puerto Rico, and the Supreme Court of the District of Columbia, and in any State court having jurisdiction of the subject matter, for the foreclosure of a mortgage or other lien upon real estate, for the purpose of securing an adjudication touching any mortgage or other lien the United States may have or claim on the premises involved. (May 17, 1932, c. 190, 47 Stat. 158.) (U. S. C., Title 28, § 901.) SEC. 2. Service upon the United States shall be made by serving the process of the court with a copy of the bill of complaint upon the United States attor- ney for the district or division in which the suit has been or may be brought and by sending copies of the process and bill, by registered mail, to the Attorney General of the United States at Washington, D. C. The United States shall have 60 days after service as above provided, or such further time as the court may allow, within which to appear and answer, plead or demur. (U. S. C., Title 28, § 902.) SEC. 3. Any such suit brought against the United States in any State 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 manner prescribed by section 29 of the Judicial Code (title 28, section 72, U. S. C.): Provided, That the petition for removal may be filed at any time before the expiration of 30 days after the time herein or by the court allowed to 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 State 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. (U. S . C., Title 28, § 903.) SEo. 4 . Except as herein otherwise provided, a judicial sale made in pur- suance of a judgment in such a suit shall have the same effect respecting the discharge of the property from liens and encumbrances held by the United States as may be provided with respect to such matters by the law of the State, Terri- tory, or District in which the land is situated, provided that a sale to satisfy a lien inferior to one of the United States shall be made subject to and without disturbing the lien of the United States, unless the United States, by its attor- neys, consents that the property may be sold free of its mortgage or lien and the proceeds divided as the parties may be entitled: And provided further, That where a sale is made to satisfy a lien prior to that of the United States, the United States shall have one year from the date of sale within which to redeem. In any case where the debt owing the United States is due, the United States may ask, by way of affirmative relief, for the foreclosure of its own lien or mortgage and in any case where 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 Govern- ment which has charge of the administration of the laws in respect of which the claim of the United States arises. (U. S. C ., Title 28, § 904.) SE. 5. If any person shall have a lien upon any real or personal property, duly filed of record in the jurisdiction in which the property is located, and a junior lien (other than a lien for any tax) in favor of the United States at- taches to such property, such person may make a written request to the officer of the United States charged with the administration of the laws in respect of which the lien of the United States arfses, to have the same extinguished. If after appropriate investigation, it appears to such officer that the proceeds from the sale of the property would be insufficient to satisfy, in whole or in part, the lien of the United States, or that the claim of the United States has been satis- fied, or by lapse of time or otherwise has become unenforceable, such officer shall so report to the Comptroller General who thereupon may issue a certificate of release, which shall operate to release the property from such len. (U. S . C ., Title 28, § 905.) SEa. 6. No judgment for costs or other money judgment shall be rendered against the United States in any suit or proceeding which may be instituted 98907°-39--P. -1 4 CLXXVII

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