Page:United States Statutes at Large Volume 62 Part 1.djvu/1004

 PUBLIC LAWS-CH. 646-JUNE 25, 1948 § 2413. Executions in favor of United States A writ of execution on a judgment obtained for the use of the United States in any court thereof shall be issued from and made returnable to the court which rendered the judgment, but may be executed in any other State, in any Territory, or in the District of Columbia. § 2414. Payment of judgments against the United States Payment of final judgments rendered by a district court against the United States shall be made on settlements by the General Accounting Office. Whenever the Attorney General determines that no appeal shall be taken from a judgment against the United States or that no further review will be sought from a decision affirming the same, he shall so certify and the judgment shall be deemed final. CHAPTER 163-FINES, PENALTIES AND FORFEITURES Sec. 2461. Mode of recovery. 2462. Time for commencing proceedings. 2463. Property taken under revenue law not repleviable. 2464. Security; special bond. 2465. Return of property to claimant; certificate of reasonable cause; liability for wrongful seizure. § 2461. Mode of recovery (a) Whenever a civil fine, penalty or pecuniary forfeiture is pre- scribed for the violation of an Act of Congress without specifying the mode of recovery or enforcement thereof, it may be recovered in a civil action. (b) Unless otherwise provided by Act of Congress, whenever a for- feiture of property is prescribed as a penalty for violation of an Act of Congress and the seizure takes place on the high seas or on navi- gable waters within the admiralty and maritime jurisdiction of the United States, such forfeiture may be enforced by libel in admiralty but in cases of seizures on land the forfeiture may be enforced by a proceeding by libel which shall conform as near as may be to pro- ceedings in admiralty. § 2462. Time for commencing proceedings Except as otherwise provided by Act of Congress, an action, suit or proceeding for the enforcement of any civil fine, penalty, or forfei- ture, pecuniary or otherwise, shall not be entertained unless com- menced within five years from the date when the claim first accrued if, within the same period, the offender or the property is found within the United States in order that proper service may be made thereon. § 2463. Property taken under revenue law not repleviable All property taken or detained under any revenue law of the United States shall not be repleviable, but shall be deemed to be in the custody of the law and subject only to the orders and decrees of the courts of the United States having jurisdiction thereof. § 2464. Security; special bond (a) Except in cases of seizures for forfeiture under any law of the United States, whenever a warrant of arrest or other process in rem is issued in any admiralty case, the United States marshal shall stay the execution of such process, or discharge the property arrested if the process has been levied, on receiving from the respondent or claimant of the property a bond or stipulation in double the amount claimed by the libellant, with sufficient surety, to be approved by the judge of the district court where the case is pending, or, in his absence, 974 [62 STAT.

�