Page:United States Statutes at Large Volume 76A.djvu/402

–306– -306§ 384. Oath and undertaking of receiver Before entering upon his duties, the receiver shall be sworn to perform them faithfully, and with two or more sureties, approved by the court, execute an undertaking to the Government of the Canal Zone in such sum as the court may direct^ to the eifect that he will faithfully discharge the duties of receiver m the action and obey the orders of the court therein. § 385. Powers of receivers The receiver may, under the control of the court, bring and defend actions in his own name, as receiver; take and keep possession of the property, receive rents, collect debts, compound for and compromise the same, make transfers, and generally do such acts respecting the property as the court authorizes. § 386. Investment of funds Funds in the hands of a receiver may be invested upon interest, by order of the court made upon the consent of all the parties to the action. § 387. Unclaimed funds in receiver's hands A receiver having funds in his hands belonging to a person whose whereabouts are unknown to him, shall, before receiving his discharge as receiver, publish a notice, in one or more newspapers of general circulation in the Canal Zone, at least once a week for four consecutive weeks, setting forth the name of the owner of any unclaimed funds, the last known place of residence or post office address of the owner and the amount of the unclaimed funds. Any funds t-emaining in his hands unclaimed for 30 days after the date of the last publication of the notice, shall be reported to the court. Upon order of the court, all such funds shall be paid to the Canal Zone Government accompanied with a copy of the order, setting forth the facts required m the notice herein provided. The funds shall be paid out by the Canal Zone Govenmient to the owner thereof or his order in such manner and upon such terms as the court directs. All costs and expenses connected with the advertising shall be paid out of the funds the whereabouts of whose owners are unknown. Subchapter VI—Deposits in Court; Handling of Funds by Clerk § 411. Order for deposit of money or property or delivery to another party If it is admitted by the pleadings, or shown upon the examination of a party to the action, that he has in his possession, or under his control, money or another thing capable of delivery, which, being the subject of litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court upon motion may order the same to be deposited in court or delivered to the party, upon such conditions as may be just, subject to the further direction of the court. § 412. Enforcement of order If, in the exercise of its authority, a court has ordered the deposit or delivery of money, or other thing, and the order is disobeyed, the court, in addition to punishing the disobedience, may make an order requiring the marshal to take the money, or thing, and deposit or deliver it in conformity with the direction of the court. § 413. Money deposited in registry of court Money deposited with the clerk of the district court, by or for the use of any party, upon a judgment of the court or in a pending action or proceeding by virtue of the law or by direction of the court, as soon as deposited with the clerk, shall be deemed to be in the registry of the court.

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