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28 USC CHAPTER 129 - MONEYS PAID INTO COURT 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 129 - MONEYS PAID INTO COURT

-HEAD-

CHAPTER 129 - MONEYS PAID INTO COURT

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Sec.

2041. Deposit of moneys in pending or adjudicated cases.

2042. Withdrawal.

2043. Deposit of other moneys.

2044. Payment of fine with bond money.

AMENDMENTS

1990 - Pub. L. 101-647, title XXXVI, Sec. 3629(b), Nov. 29, 1990,

104 Stat. 4966, which directed the amendment of the table of

sections for chapter 29 by adding item 2044, was executed by adding

item 2044 to the table of sections for chapter 129 to reflect the

probable intent of Congress.

1982 - Pub. L. 97-258, Sec. 2(g)(4)(A), (B), Sept. 13, 1982, 96

Stat. 1060, substituted "Deposit of moneys in pending or

adjudicated cases" for "Deposit" in item 2041 and added item 2043.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 613 of this title; title

11 section 347.

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28 USC Sec. 2041 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 129 - MONEYS PAID INTO COURT

-HEAD-

Sec. 2041. Deposit of moneys in pending or adjudicated cases

-STATUTE-

All moneys paid into any court of the United States, or received

by the officers thereof, in any case pending or adjudicated in such

court, shall be forthwith deposited with the Treasurer of the

United States or a designated depositary, in the name and to the

credit of such court.

This section shall not prevent the delivery of any such money to

the rightful owners upon security, according to agreement of

parties, under the direction of the court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 960; Pub. L. 97-258, Sec.

2(g)(4)(C), Sept. 13, 1982, 96 Stat. 1061.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 851 (R.S. Sec. 995; May

29, 1920, ch. 214, Sec. 1, 41 Stat. 654).

Changes were made in phraseology.

AMENDMENTS

1982 - Pub. L. 97-258 substituted "Deposit of moneys in pending

or adjudicated cases" for "Deposit" in section catchline.

REGISTRY ADMINISTRATION ACCOUNT

Pub. L. 100-459, title IV, Sec. 400, Oct. 1, 1988, 102 Stat.

2211, provided: "That any funds hereafter collected by the

Judiciary as a charge for services rendered in administering

accounts kept in a court's registry shall be deposited into a

separate account entitled 'Registry Administration Account' in the

Treasury of the United States. Such funds shall remain available to

the Judiciary until expended to reimburse any appropriation for the

amount paid out of such appropriation for expenses of the Courts of

Appeals, District Courts and Other Judicial Services and the

Administrative Office of the United States Courts".

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 566, 2042, 2043 of this

title.

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28 USC Sec. 2042 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 129 - MONEYS PAID INTO COURT

-HEAD-

Sec. 2042. Withdrawal

-STATUTE-

No money deposited under section 2041 of this title shall be

withdrawn except by order of court.

In every case in which the right to withdraw money deposited in

court under section 2041 has been adjudicated or is not in dispute

and such money has remained so deposited for at least five years

unclaimed by the person entitled thereto, such court shall cause

such money to be deposited in the Treasury in the name and to the

credit of the United States. Any claimant entitled to any such

money may, on petition to the court and upon notice to the United

States attorney and full proof of the right thereto, obtain an

order directing payment to him.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 960; Pub. L. 97-258, Sec.

2(g)(4)(D), Sept. 13, 1982, 96 Stat. 1061.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 852 (R.S. Sec. 996;

Feb. 19, 1897, ch. 265, Sec. 3, 29 Stat. 578; Mar. 3, 1911, ch.

224, 36 Stat. 1083).

Words "and the money deposited as aforesaid shall constitute and

be a permanent appropriation for payments in obedience to such

orders" were omitted, in view of section 725p(b)(14), of title 31,

U.S.C., 1940 ed., which repealed permanent appropriations of

unclaimed money accounts and substituted authorization for annual

appropriations effective July 1, 1935.

Changes were made in phraseology.

In U. S. Law Week, Nov. 7, 1939, Rep. Walter Chandler (Author of

Chandler Act, Bankruptcy) observed as to the Judicial Code:

"Among the major subjects needing study and revision are -

Numerous procedural changes which have been brought about through

adoption of the Federal Rules of Civil Procedure should be

codified." * * *

AMENDMENTS

1982 - Pub. L. 97-258 inserted references to section 2041 in two

places.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 3666.

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28 USC Sec. 2043 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 129 - MONEYS PAID INTO COURT

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Sec. 2043. Deposit of other moneys

-STATUTE-

Except for public moneys deposited under section 2041 of this

title, each clerk of the United States courts shall deposit public

moneys that the clerk collects into a checking account in the

Treasury, subject to disbursement by the clerk. At the end of each

accounting period, the earned part of public moneys accruing to the

United States shall be deposited in the Treasury to the credit of

the appropriate receipt accounts.

-SOURCE-

(Added Pub. L. 97-258, Sec. 2(g)(4)(E), Sept. 13, 1982, 96 Stat.

1061.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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28:2043 31:725v(b)(related June 26, 1934, ch. 756, Sec.

to clerks). 23(b)(related to clerks), 48

Stat. 1236; restated Dec. 21,

1944, ch. 631, Sec. 1, 58

Stat. 845.

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The words "Except for public moneys deposited under section 2041

of this title . . . public moneys" are substituted for "All fees

and other collections other than moneys referred to in subsection

(a) of this section" for consistency and because 31:725v(a) is

superseded by 28:2041 and is not part of the revised title

contained in section 1 of the bill. The word "Treasury" is

substituted for "Treasurer of the United States" because of section

1 of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64

Stat. 1280), restated as section 321 of the revised title contained

in section 1 of the bill. The text of 31:725v(b)(last sentence) is

omitted as obsolete.

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28 USC Sec. 2044 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 129 - MONEYS PAID INTO COURT

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Sec. 2044. Payment of fine with bond money

-STATUTE-

On motion of the United States attorney, the court shall order

any money belonging to and deposited by or on behalf of the

defendant with the court for the purposes of a criminal appearance

bail bond (trial or appeal) to be held and paid over to the United

States attorney to be applied to the payment of any assessment,

fine, restitution, or penalty imposed upon the defendant. The court

shall not release any money deposited for bond purposes after a

plea or a verdict of the defendant's guilt has been entered and

before sentencing except upon a showing that an assessment, fine,

restitution or penalty cannot be imposed for the offense the

defendant committed or that the defendant would suffer an undue

hardship. This section shall not apply to any third party surety.

-SOURCE-

(Added Pub. L. 101-647, title XXXVI, Sec. 3629(a), Nov. 29, 1990,

104 Stat. 4966.)

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EFFECTIVE DATE

Section effective 180 days after Nov. 29, 1990, and applicable

with respect to certain actions for debts owed the United States

pending in court on that effective date, see section 3631 of Pub.

L. 101-647, set out as a note under section 3001 of this title.

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