For distribution of other provisions of section 9a of title 28, U. S. C., 1940 ed., see table at end of reviser's notes. Word "may" was substituted for "shall" before "tax as costs," in view of Rule 54 (d) of the Federal Rules of Civil Procedure, providing for allowance of costs to the prevailing party as of course "unless the court otherwise directs". Changes were made in phraseology. CROSS REFERENCES Collector of internal revenue liable for costs, see section 7423 (2) of Title 26, Internal Revenue Code. Costs, denial of to plaintiff where plaintiff recovers less than $10,000, see sections 1331 (b) and 1332 (b) of this title. Definition of "court of the United States," see section 451 of this title. Exemption of United States for costs except where statute permits taxation, see section 2412 of this title. Fees and costs in admiralty and maritime cases, see section 1925 of this title. Marshal's fees, see section 1921 of this title. Notary public taking depositions, see sections 92 and 92a of Title 5, Executive Departments and Government Officers and Employees. Per diem, mileage and subsistence of witnesses, see notes under section 1821 of this title. Reporter's transcript, fees for, see section 753 of this title. Taxation of costs in fine, forfeiture and criminal proceedings, see section 1918 of this title. FEDERAL RULES OF CIVIL PROCEDURE Costs allowed to prevailing party, see rule 54 (d), Appendix to this title. Costs of previously dismissed action, see rule 41 (d). Motion for retaxation of costs by clerk in civil actions, see rule 54 (a). Offer of judgment affecting costs, see rule 68. Taxation of costs in civil actions by clerk, see rule 54 (d). United States agencies, and officers, liability for fees and costs, see rule 54 (d). § 1921. United States marshals' fees. Only the following fees of United States marshals shall be collected and taxed as costs, except as otherwise provided: For serving a writ of possession, partition, execution, attachment in rem, or libel in admiralty, warrant, attachment, summons, capias, or any other writ, order, or process in any case or proceeding, except as otherwise provided, $3; For serving a subpena or summons for a witness or appraiser, $2; For forwarding any writ, order, or process to another judicial district for service, in addition to the prescribed fee, $1; For the preparation of any notice of sale, proclamation in admiralty, or other public notice or bill of sale, $3; For seizing or levying on property (including seizures in admiralty), disposing of the same by sale, setoff, or otherwise and receiving and paying over money, commissions of 3 per centum on the first $1,000 of the amounts collected and 12 per centum on the excess of any sum over $1,000. If not disposed of by marshal's sale, the commission shall be in such amount as may be allowed by the court. In all cases in which the vessel or other property is sold by a public auctioneer, or by some party other than the marshal or his deputy, the commission herein authorized to be paid to the marshal shall be reduced by the amount paid to said auctioneer or other party; For the keeping of property attached (including boats, vessels, or other property attached or libeled) actual expenses incurred, such as storage, moving, boat hire, or other special transportation, watchmen's or keeper' fees, insurance, and $3 per hour for each deputy marshal required for special services, such as guarding, inventorying, moving, and so forth. The marshals shall collect, in advance, a deposit to cover the initial expenses for such services and periodically thereafter such amounts as may be necessary to pay such expenses until the litigation is concluded; For copies of writs or other papers furnished at the request of any party, 30 cents per folio of one hundred words or fraction thereof; For all services in a criminal case except for the summoning of witnesses, a sum to be fixed by the court not exceeding $25 where conviction is for a misdemeanor and not exceeding $100 where conviction is for a felony; For necessary travel in serving or endeavoring to serve any process, writ, or order, 12 cents per mile, or fraction thereof, to be computed from the place where service is returnable to the place of service or endeavor; or, where two or more services or endeavors, or where an endeavor and a service, are made in behalf of the same party in the same case on the same trip, mileage shall be computed to the place of service or endeavor which is most remote from the place where service is returnable, adding thereto any additional mileage traveled in serving or endeavoring to serve in behalf of that party. When two or more writs of any kind, required to be served in behalf of the same party, on the same person, in the same case or proceeding, may be served at the same time, mileage on only one such writ shall be collected; No mileage fees shall be collected for services or endeavors to serve in the District of Columbia; The marshal may require a deposit to cover all fees and expenses herein prescribed. (June 25, 1948, ch. 646, 62 Stat. 955; Sept. 9, 1950, ch. 937, 64 Stat. 825; Aug. 31, 1962, Pub. L. 87-621, § 1, 76 Stat. 417.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 574 (R. S. §§ 823, 829; May 28, 1896, ch. 252, § 6, 29 Stat. 179; May 29, 1930, ch. 356, 46 Stat. 486; Aug. 3, 1935, ch. 431, 2, 49 Stat. 513). Provisions for serving venires and summoning grand and petit jurors were omitted as useless since marshal's fees are now covered into the Treasury and there is no basis for apportioning the cost of summoning jurors for a term of court and taxing the same to individual cases. The marshal's fee "for holding a court of inquiry or other proceedings before a jury, including summoning a jury, 85" is omitted as obsolete in the Federal practice. See, Black's Law Dictionary "Court of Inquiry." See, also, Webster's International Dictionary. A fee of 50 cents "for each bail bond" is omitted as covered by the general provision for taxation of marshal's fees in criminal cases. The provisions for a fee of $5 for drawing and executing a deed and $1 for executing a deed prepared by a party It is the or his attorney are omitted as unnecessary. marshal's duty to execute conveyances of property which he sells on execution and his salary compensates him therefor. There is no occasion for him to draw such a deed and no beneficial purpose in taxing the parties a fee for his signature. The 2 per centum fee for disbursing moneys is omitted as an unnecessary burden upon funds belonging to litigants. The provision that a folio consists of "100 words or major fraction thereof" is inserted to conform with section 607 of title 28, U. S. C., 1940 ed., which is transferred to title 44, U. S. C., 1940 ed., Public Printing and Documents, along with section 606 of said title 28, to which said section 607 also relates. The provision for a lump sum to be determined by the court and taxed in criminal cases was added. It fixes a maximum of $25 in misdemeanor cases and $100 in felony cases. It may be questioned whether costs as such should ever be taxed against the convicted defendant in a criminal case. The acquitted defendant is not permitted to tax costs against the United States. Indeed the allowance of costs in criminal cases is not a matter of right but rests completely within the discretion of the court. Morris v. United States, 1911, 185 Fed. 73, 107 C. C. A. 293. In Alberty v. U. S., C. C. A. 9, 1937, 91 F. 2d 461, the defendant was fined $100 on each of 11 counts of an indictment under the 1906 Food and Drug Act (title 21, §§ 2, 10, U. S. C., 1934 ed., as amended). Costs of prosecution were taxed in the sum of $1,499.80. Yet the court in its discretion might have reached substantially the same result by imposing a fine of $200 on each count without any taxation of costs. Changes were made in phraseology. AMENDMENTS 1962-Pub. L. 87-621 increased fees for serving an attachment in rem, or libel in admiralty, warrant, attachment, summons, capias, or any other writ from $2 to $3, for serving a subpoena or summons for a witness or appraiser from 50 cents to $2, for preparation of a proclamation in admiralty from 30 cents to $3, and for copies of writs or other papers furnished at the request of any party from 10 to 30 cents per folio of 100 words or fraction thereof, and mileage for necessary travel from 10 cents a mile to 12 cents per mile, or fraction thereof, inserted provisions authorizing a fee of $1, in addition to the prescribed fee, for forwarding any writ, order, or process to another judicial district for service, and $3 for preparation of any notice of sale or other public notice or bill of sale, permitting payment of travel expenses where there is an endeavor to serve any process, writ, or order, prohibiting collection of mileage fees for services or endeavors to serve in the District of Columbia, and empowering marshals to require a deposit to cover all fees and expenses, and substituted provisions authorizing a fee of $3 for serving a writ of possession, partition, execution, order or process, and commissions of 3 per centum on the first $1,000 collected and 11⁄2 per centum on amounts over $1,000 for seizing and levying on property (including seizures in admiralty), disposing of the same and receiving and paying over the money for provisions which permitted a marshal serving such a writ or process, and seizing and levying on property, advertising and disposing of the same and receiving and paying over the money, to receive the same fees and poundage as allowed for similar services to the sheriffs of the States in which the service is rendered, and 21⁄2 per centum on any sum under $500, and 11⁄2 per centum on amounts over $500 for sale of vessels or other property under process in admiralty, or under the order of a court of admiralty, and provisions permitting collection of actual expenses incurred, and $3 per hour for each deputy marshal required, for the keeping of property attached, and directing the marshal to collect, in advance, a deposit to cover initial expenses and periodically thereafter such amounts as necessary to pay expenses until litigation is concluded, for provisions which allowed only such compensation as the court, on petition, might allow. 1950-Act Sept. 9, 1950, increased the mileage fees from 6 to 10 cents a mile. EFFECTIVE DATE OF 1962 AMENDMENT Section 3 of Pub. L. 87-621 provided that: "This Act [amending this section] shall become effective ninety days after enactment [Aug. 31, 1962]." CROSS REFERENCES Collection of fees and accounting by marshal, see section 551 of this title. Execution of all lawful writs and process, see section 547 of this title. Expense of transporting prisoners, see section 553 of this title. Marshal's compensation in bankruptcy proceedings, see section 80 of Title 11, Bankruptcy. No fee for administration of oaths to claimants, see section 548 of this title. Oath of marshal and deputy marshal for execution of precepts and collection of lawful fees, see section 543 of this title. Power of state sheriff or marshal, see section 549 of this title. Travel and subsistence of marshal, see section 553 of this title. ADMIRALTY RULES Proceeds of sales under admiralty process, see rule 40, Appendix to this title. § 1922. Witness fees before United States commissioners. The fees of more than four witnesses shall not be taxed against the United States, in the examination of any criminal case before a United States commissioner, unless their materiality and importance are first approved and certified to by the United States attorney for the district in which the examination is had. (June 25, 1948, ch. 646, 62 Stat. 956.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 828 (R. S. § 981; May 28, 1896, ch. 252, § 19, 29 Stat. 184). Last clause of section 828 of title 28, U. S. C., 1940 ed., providing "and such taxation shall be subject to revision, as in other cases" was omitted as unnecessary in view of the inherent power of the court to revise costs taxed. Changes were made in phraseology. CROSS REFERENCES Fees of United States commissioners, see section 633 of this title. Liability of United States for costs, see section 2412 of this title. § 1923. Docket fees and costs of briefs. (a) Attorney's and proctor's docket fees in courts of the United States may be taxed as costs as follows: $20 on trial or final hearing (including a default judgment whether entered by the court or by the clerk) in civil, criminal, or admiralty cases, except that in cases of admiralty and maritime jurisdiction where the libellant recovers less than $50 the proctor's docket fee shall be $10; $20 in admiralty appeals involving not over $1,000; $50 in admiralty appeals involving not over $5,000; $100 in admiralty appeals involving more than $5,000; $5 on discontinuance of a civil action; $5 on motion for judgment and other proceedings on recognizances; $2.50 for each deposition admitted in evidence. (b) The docket fees of United States attorneys shall be paid to the clerk of court and by him paid into the Treasury. (c) In admiralty appeals the court may allow as costs for printing the briefs of the successful party not more than: $25 where the amount involved is not over $1,000; $50 where the amount involved is not over $5,000; $75 where the amount involved is over $5,000. (June 25, 1948, ch. 646, 62 Stat. 956; June 18, 1954, ch. 304, 68 Stat. 253.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 571, 572, and 578 (R. S. §§ 823, 824; May 28, 1896, ch. 252, §§ 6, 24, 29 Stat. 179, 186; Feb. 26, 1919, ch. 49, § 1, 40 Stat. 1182; July 19, 1919, ch. 24, § 1, 41 Stat. 209; Feb. 11, 1921, ch. 46, 41 Stat. 1099; June 6, 1930, ch. 409, 46 Stat. 522; Aug. 3, 1935, ch. 431, § 1, 49 Stat. 513). Section consolidates sections 571, 572, and 578 of title 28, U. S. C., 1940 ed. The phrase "$20 on trial or final hearing in civil, criminal, or admiralty cases" was substituted for the following provisions of section 572 of title 28, U. S. C., 1940 ed., "On trial before a jury, in civil or criminal causes or before referees, or on a final hearing in equity or admiralty, a docket fee of $20", and the limitation of $10 in "cases at law when judgment is rendered without a jury" was omitted. This simplified restatement provides for a single docket fee in each case which reaches final hearing or trial. Since the docket fee is arbitrary, any limitation or distinction between law cases tried with or without a jury is unrealistic. Word "solicitor" was omitted as obsolete and inapplicable in civil, criminal, or admiralty practice. Words "motion for judgment" were substituted for "scire facias" to conform to Rules 2 and 81 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 831 (R. S. § 984; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Section as revised conforms to existing Federal Practice. See note to subdivision (d) of Rule 54 of the Federal Rules of Civil Procedure. For discussion as to verification of bill of costs under existing practice, see-8 Hughes, Federal Practice, Jurisdiction and ProcedureCivil and Criminal, § 6441. Words "or allowed by the General Accounting Office" were omitted as unnecessary. That office will not allow items in a tax bill for costs against the United States unless such bill has been taxed by the court, and the court, under this section, cannot tax as costs items in an unverified bill. Changes were made in phraseology. § 1925. Admiralty and maritime cases. Except as otherwise provided by Act of Congress, the allowance and taxation of costs in admiralty and maritime cases shall be prescribed by rules promulgated by the Supreme Court. (June 25, 1948, ch. 646, 62 Stat. 957.) LEGISLATIVE HISTORY Reviser's Note.-This section was drafted to make possible the promulgation of comprehensive and uniform rules governing costs in admiralty. Various enactments of Congress, all over 100 years old, relate to particular features of such matter, but do not set forth any comprehensive and uniform procedure. See, for example, sections 818, 826, and 827 of title 28, U. S. C., 1940 ed. ADMIRALTY RULES Fees and costs in admiralty proceedings, see Rules 24, 25, 38, 42, 46, 47, and 57 of the Admiralty Rules, Appendix to this title. § 1926. Court of Customs and Patent Appeals. Fees and costs in the Court of Customs and Patent Appeals shall be fixed by a table of fees adopted by such court and approved by the Supreme Court. The fees and costs so fixed shall not, with respect to any item, exceed the fees and costs charged in the Supreme Court, and shall be accounted for and paid over to the Treasury. (June 25, 1948, ch. 646, 62 Stat. 957.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 304 (Mar. 3, 1911, ch. 231, § 191, 36 Stat. 1144). For distribution of other provisions of section 304 of title 28, U. S. C., 1940 ed., see Distribution Table. Changes were made in phraseology. § 1927. Counsel's liability for excessive costs. Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case as to increase costs unreasonably and vexatiously may be required by the court to satisfy personally such excess costs. (June 25, 1948, ch. 646, 62 Stat. 957.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 829 (R. S. § 982). Word "personally" was inserted upon authority of Motion Picture Patents Co. v. Steiner et al., 1912, 201 F. 63, 119 C. C. A. 401. Reference to "proctor" was omitted as covered by the revised section. See definition of "court of the United States" in section 451 of this title. Changes were made in phraseology. FEDERAL RULES OF CIVIL PROCEDURE § 1928. Patent infringement action; disclaimer not filed. Whenever a judgment is rendered for the plaintiff in any patent infringement action involving a part of a patent and it appears that the patentee, in his specifications, claimed to be, but was not, the original and first inventor or discoverer of any material or substantial part of the thing patented, no costs shall be included in such judgment, unless the proper disclaimer has been filed in the Patent Office prior to the commencement of the action. (June 25, 1948, ch. 646, 62 Stat. 957.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 821 (R. S. § 973). Word "action" was substituted for "any suit at law or in equity" to conform with Rule 2 of the Federal Rules of Civil Procedure. Words "or decree" were omitted after "judgment," because a judgment under Rule 54 (a) of the Federal Rules of Civil Procedure by definition includes a decree. Changes were made in phraseology. CROSS REFERENCES CROSS REFERENCES Costs where disclaimer not filed in patent infringement action, see section 288 of Title 35, Patents. FEDERAL RULES OF CIVIL PROCEDURE Costs, see rule 54, following Appendix to this title. § 1929. Extraordinary expenses not expressly authorized. Where the ministerial officers of the United States incur extraordinary expense in executing Acts of Congress, the payment of which is not specifically provided for, the Attorney General may allow the payment thereof. (June 25, 1948, ch. 646, 62 Stat. 957.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. 8. C., 1940 ed., § 577 (R. S. § 846; Feb. 18, 1875, ch. 80, § 1, Stat. 318; May 28, 1896, ch. 252, § 13, 29 Stat. 183; May 27, 1908, ch. 200, § 1, 35 Stat. 375; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Feb. 26, 1919, ch. 49, § 7, 40 Stat. 1182; Oct. 13, 1941, ch. 431, § 1, 55 Stat. 736). Provision for payment of expenses under section 577 of title 28, U. S. C., 1940 ed., from appropriations for expenses of the judiciary was omitted as unnecessary. Such expenses are carried in the Judiciary Appropriation Acts and will continue without this provision. The first sentence of said section 577 is incorporated in section 551 of this title. The qualifying phrase "under the special taxation of the district court in which the said services have been or shall be rendered, to be paid from the appropriation for defraying the expenses of the Judiciary," was omitted, and the functions of allowing extraordinary expenses was vested in the Attorney General instead of the President. Neither the President nor the district judge should be burdened with such duty since the Attorney General only has the information upon which to act. Changes were made in phraseology. Declaratory judgments, see sections 2201 and 2202 of this title. FEDERAL RULES OF CIVIL PROCEDURE Judgments, see rules 54-58, Appendix to this title. § 1961. Interest. Interest shall be allowed on any money judgment in a civil case recovered in a district court. Execution therefor may be levied by the marshal, in any case where, by the law of the State in which such court is held, execution may be levied for interest on judgments recovered in the courts of the State. Such interest shall be calculated from the date of the entry of the judgment, at the rate allowed by State law. (June 25, 1948, ch. 646, 62 Stat. 957.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 811 (R. S. § 966; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167). Changes were made in phraseology. Interest on Affirmed judgments of Court of Claims, see section 2516 of this title. Judgments against United States, see section 2411 of this title. FEDERAL RULES OF CIVIL PROCEDURE Execution, see rule 69, Appendix to this title. § 1962. Lien. Every judgment rendered by a district court within a State shall be a lien on the property located in such State in the same manner, to the same extent and under the same conditions as a judgment of a court of general jurisdiction in such State, and shall cease to be a lien in the same manner and time. Whenever the law of any State requires a judgment of a State court to be registered, recorded, docketed or indexed, or any other act to be done, in a particular manner, or in a certain office or county or parish before such lien attaches, such requirements shall apply only if the law of such State authorizes the judgment of a court of the United States to be registered, recorded, docketed, indexed or otherwise conformed to rules and requirements relating to judgments of the courts of the State. (June 25, 1948, ch. 646, 62 Stat. 958.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 812 and 814 (R. S. § 967; Aug. 1, 1888, ch. 729, § 1, 25 Stat. 357; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Aug. 17, 1912, ch. 300, 37 Stat. 311). Section consolidates sections 812 and 814 of title 28, U. S. C., 1940 ed., with changes in phraseology necessary to effect consolidation and to clarify the meaning of such sections. Omitted words "or decree" after "judgments" as unnecessary inasmuch as Rule 54 (a) of the Federal Rules of Civil Procedure by definition of judgment includes a decree. Words "in the State of Louisiana" after "or parish" were omitted as unnecessary. A reference to section 813 of title 28, U. S. C., 1940 ed., was omitted, since such section is omitted from this revision as covered by Rule 79 (c) of the Federal Rules of Civil Procedure. CROSS REFERENCES Declaratory judgments, see sections 2201 and 2202 of this title. FEDERAL RULES OF CIVIL PROCEDURE Judgments, see rules 54-58, Appendix to this title. § 1963. Registration in other districts. A judgment in an action for the recovery of money or property now or hereafter entered in any district court which has become final by appeal or expiration of time for appeal may be registered in any other district by filing therein a certified copy of such judgment. A judgment so registered shall have the same effect as a judgment of the district court of the district where registered and may be enforced in like manner. A certified copy of the satisfaction of any judgment in whole or in part may be registered in like manner in any district in which the judgment is a lien. (June 25, 1948, ch. 646, 62 Stat. 958; Aug. 23, 1954, ch. 837, 68 Stat. 772; July 7, 1958, Pub. L. 85508, § 12 (o), 72 Stat. 349.) LEGISLATIVE HISTORY Reviser's Note.-This section follows the recommendation of the Supreme Court's Advisory Committee on Federal Rules of Civil Procedure (1937) which included the following rule: "Rule 77. Registration of judgments in other district courts. A judgment entered in any district court and which has become final through expiration of the time for appeal or by mandate on appeal may be registered in any other district court by filing therein an authenticated copy of the judgment. When so registered the judgment shall have the same effect and like proceedings for its enforcement may be taken thereon in the court in which it is registered as if the judgment had been originally entered by that court. If in the court in which the Judgment was originally entered, the judgment has been satisfied in whole or in part or if an order has been made modifying or vacating it or affecting or suspending its operation, the party procuring the registration shall and any other party may file authenticated copies of the satisfaction or order with the court in which the judgment is registered. This rule shall not be construed to limit the effect of the Act of February 20, 1905, c. 592, § 20 (33 Stat. 729), as amended, U. S. C., title 15, § 100; or the Act of March 4, 1909, c. 320, §§ 36 and 37 (35 Stat. 1084), U. S. C., title 17, §§ 36 and 37; or § 56 of the Judicial Code, U. S. C., title 28, § 117; or to authorize the registration elsewhere of an order or a judgment rendered in a divorce action in the District of Columbia." Section 2508 of this title provides for the registration of judgments of the Court of Claims in favor of the United States in any district. See, also, section 2413 of this title. The phrase "for the recovery of money or property" was not in the committee's draft of Rule 77 of Federal Rules of Civil Procedure but was inserted in the revised section to exclude judgments in divorce actions, and any other actions, the registration of which would serve no useful purpose. AMENDMENTS 1958-Pub. L. 85-508 eliminated provisions which extended provisions of this section to the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska. 1954 Act Aug. 23, 1954, extended its provisions to the District Court for Alaska. EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-508 effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. § 1964. Constructive notice of pending actions. Where the law of a State requires a notice of an action concerning real property pending in a court of the State to be registered, recorded, docketed, or indexed in a particular manner, or in a certain office or county or parish in order to give constructive notice of the action as it relates to the real property, and such law authoriezs a notice of an action concerning real property pending in a United States district court to be registered, recorded, docketed, or indexed in the same manner, or in the same place, those requirements of the State law must be complied with in order to give constructive notice of such an action pending in a United States district court as it relates to real property in such State. (Added Pub. L. 85-689, § 1 (a), Aug. 20, 1958, 72 Stat. 683.) EFFECTIVE DATE Section 2 of Pub. L. 85-689 provided that "The amendments made by this Act [adding this section] shall only be effective with respect to actions commenced in United States district courts more than one hundred and eighty days after the date of enactment of this Act [Aug. 20, 1958]." Chapter 127.-EXCEPTIONS AND JUDICIAL SALES Sec. 2001. Sale of realty generally. 2002. Notice of sale of realty. 2003. Marshal's incapacity after levy on or sale of realty. 2004. Sale of personalty generally. 2005. Appraisal of goods taken on execution. § 2001. Sale of realty generally. (a) Any realty or interest therein sold under any order or decree of any court of the United States shall be sold as a whole or in separate parcels at public sale at the courthouse of the county, parish, or city in which the greater part of the property is located, or upon the premises or some parcel thereof located therein, as the court directs. Such sale shall be upon such terms and conditions as the court directs. Property in the possession of a receiver or receivers appointed by one or more district courts shall be sold at public sale in the district wherein any such receiver was first appointed, at the courthouse of the county, parish, or city situated therein in which the greater part of the property in such district is located, or on the premises or some parcel thereof located in such county, parish, or city, as such court directs, unless the court orders the sale of the property or one or more parcels thereof in one or more ancillary districts. (b) After a hearing, of which notice to all interested parties shall be given by publication or otherwise as the court directs, the court may order the sale of such realty or interest or any part thereof at private sale for cash or other consideration and upon such terms and conditions as the court approves, if it finds that the best interests of 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 localities. 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 confirmation. 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 Comptroller of the Currency. (June 25, 1948, ch. 646, 62 Stat. 958; May 24, 1949, ch. 139, § 99, 63 Stat. 104.) LEGISLATIVE HISTORY The Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 847 (Mar. 3, 1893, ch. 225, § 1, 27 Stat. 751; June 19, 1934, ch. 662, 48 Stat. 1119; Apr. 24, 1935, ch. 77, § 1, 49 Stat. 159; June 19, 1935, ch. 276, 49 Stat. 390). A provision making the section applicable to pending proceedings was deleted as obsolete. The term "court of the United States" is defined in section 451 of this title. Changes were made in phraseology. |