Page:United States Statutes at Large Volume 62 Part 1.djvu/989

 62 STAT.] 80TH CONG. , 2D SESS.-CH. 646-JUNE 25, 1948 the estate will be conserved thereby. Before confirmation of any private sale, the court shall appoint three disinterested persons to appraise such property or different groups of three appraisers each to appraise properties of different classes or situated in different locali- ties. No private sale shall be confirmed at a price less than two-thirds of the appraised value. Before confirmation of any private sale, the terms thereof shall be published in such newspaper or newspapers of general circulation as the court directs at least ten days before con- firmation. The private sale shall not be confirmed if a bona fide offer is made, under conditions prescribed by the court, which guarantees at least a 10 per centum increase over the price offered in the private sale. (c) This section shall not apply to sales and proceedings under Title 11 or by receivers or conservators of banks appointed by the Comp- troller of the Currency. § 2002. Notice of sale of realty A public sale of realty or interest therein under any order, judg- ment or decree of any court of the United States shall not be made without notice published once a week for at least four weeks prior to the sale in at least one newspaper regularly issued and of general circulation in the county, state, or judicial district of the United States wherein the realty is situated. If such realty is situated in more than one county, state, district or circuit, such notice shall be published in one or more of the counties, states, or districts wherein it is situated, as the court directs. The notice shall be substantially in such form and contain such descrip- tion of the property by reference or otherwise as the court approves. The court may direct that the publication be made in other news- papers. This section shall not apply to sales and proceedings under Title II or by receivers or conservators of banks appointed by the Comptroller of the Currency. § 2003. Marshal's incapacity after levy on or sale of realty Whenever a United States marshal dies, is removed from office, or the term of his commission expires, after levying on reality or any interest therein under a writ of execution issued by a court of the United States, and before sale or other final disposition thereof, like process shall issue to the succeeding marshal and the same proceedings shall be had as if such contingency had not occurred. Whenever any such contingency arises after a marshal has sold any realty or interest therein and before a deed is executed, the court may, on application by the purchaser, or the plaintiff in whose action the sale was made, setting forth the facts of the case and the reason why the title was not perfected by such marshal, order the succeeding marshal to perfect the title and execute a deed to the purchaser, upon payment of the purchase money and unpaid costs. § 2004. Sale of personalty generally Any personalty sold under any order or decree of any court of the United States shall be sold in accordance with section 2001 of this Ate p. 968 title unless the court orders otherwise. This section shall not apply to sales and proceedings under Title 11 or by receivers or conservators of banks appointed by the Comp- troller of the Currency. § 2005. Appraisal of goods taken on execution Whenever State law requires that goods taken on execution be appraised before sale, goods taken under execution issued from a court of the United States shall be appraised in like manner. 959

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