28 U.S.C. § 2041 — Deposit of moneys in pending or adju-

Page 500 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2005 A provision making the section applicable to pending proceedings was deleted as obsolete. Changes were made in phraseology. § 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. The United States marshal shall summon the appraisers in the same manner as the sheriff is required to summon appraisers under State law. If the appraisers fail to attend and perform their required duties, the marshal may sell the goods without an appraisal. Appraisers attend- ing and performing their duties, shall receive the fees allowed for appraisals under State law. (June 25, 1948, ch. 646, 62 Stat. 959.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 846 (R.S. § 993). Words ‘‘shall be appraised in like manner’’ were sub- stituted for ‘‘the appraisers appointed under the au- thority of the State may appraise goods taken in exe- cution on a fieri facias issued out of any court of the United States’’. The change precludes construction that the State appraisers only are available to appraise such goods in civil actions in the federal courts. Changes were made in phraseology. § 2006. Execution against revenue officer Execution shall not issue against a collector or other revenue officer on a final judgment in any proceeding against him for any of his acts, or for the recovery of any money exacted by or paid to him and subsequently paid into the Treasury, in performing his official duties, if the court certifies that: (1) probable cause existed; or (2) the officer acted under the directions of the Secretary of the Treasury, the Director, Bureau of Alcohol, Tobacco, Firearms, and Ex- plosives, Department of Justice, or other prop- er Government officer. When such certificate has been issued, the amount of the judgment shall be paid out of the proper appropriation by the Treasury. (June 25, 1948, ch. 646, 62 Stat. 960; Pub. L. 107–296, title XI, § 1112(l), Nov. 25, 2002, 116 Stat. 2277.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 842 (R.S. § 989). Changes were made in phraseology. Editorial Notes AMENDMENTS 2002—Par. (2). Pub. L. 107–296 inserted ‘‘, the Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice,’’ after ‘‘the Secretary of the Treasury’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. § 2007. Imprisonment for debt (a) A person shall not be imprisoned for debt on a writ of execution or other process issued from a court of the United States in any State wherein imprisonment for debt has been abol- ished. All modifications, conditions, and restric- tions upon such imprisonment provided by State law shall apply to any writ of execution or proc- ess issued from a court of the United States in accordance with the procedure applicable in such State. (b) Any person arrested or imprisoned in any State on a writ of execution or other process issued from any court of the United States in a civil action shall have the same jail privileges and be governed by the same regulations as per- sons confined in like cases on process issued from the courts of such State. The same require- ments governing discharge as are applicable in such State shall apply. Any proceedings for dis- charge shall be conducted before a United States magistrate judge for the judicial district where- in the defendant is held. (June 25, 1948, ch. 646, 62 Stat. 960; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 843, 844, and 845 (R.S. §§ 990, 991, 992; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167). Changes were made in phraseology. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (b) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. Previously, ‘‘United States magistrate’’ substituted for ‘‘United States commis- sioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of this title. CHAPTER 129—MONEYS PAID INTO COURT Sec. 2041. Deposit of moneys in pending or adjudicated cases. 2042. Withdrawal. 2043. Deposit of other moneys. 2044. Payment of fine with bond money. 2045. Investment of court registry funds. Editorial Notes AMENDMENTS 2008—Pub. L. 110–406, § 8(b), Oct. 13, 2008, 122 Stat. 4293, added item 2045. 1990—Pub. L. 101–647, title XXXVI, § 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 sec- tions for chapter 129 to reflect the probable intent of Congress. 1982—Pub. L. 97–258, § 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. § 2041. Deposit of moneys in pending or adju- dicated cases 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, Page 501 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2045 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 se- curity, according to agreement of parties, under the direction of the court. (June 25, 1948, ch. 646, 62 Stat. 960; Pub. L. 97–258, § 2(g)(4)(C), Sept. 13, 1982, 96 Stat. 1061.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 851 (R.S. § 995; May 29, 1920, ch. 214, § 1, 41 Stat. 654). Changes were made in phraseology. Editorial Notes AMENDMENTS 1982—Pub. L. 97–258 substituted ‘‘Deposit of moneys in pending or adjudicated cases’’ for ‘‘Deposit’’ in sec- tion catchline. Statutory Notes and Related Subsidiaries REGISTRY ADMINISTRATION ACCOUNT Pub. L. 100–459, title IV, § 400, Oct. 1, 1988, 102 Stat. 2211, provided: ‘‘That any funds hereafter collected by the Judiciary as a charge for services rendered in ad- ministering 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 Judici- ary 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 Ju- dicial Services and the Administrative Office of the United States Courts’’. § 2042. Withdrawal 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, ob- tain an order directing payment to him. (June 25, 1948, ch. 646, 62 Stat. 960; Pub. L. 97–258, § 2(g)(4)(D), Sept. 13, 1982, 96 Stat. 1061.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 852 (R.S. § 996; Feb. 19, 1897, ch. 265, § 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 pay- ments 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 an- nual 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 revi- sion are—Numerous procedural changes which have been brought about through adoption of the Federal Rules of Civil Procedure should be codified.’’ * * * Editorial Notes AMENDMENTS 1982—Pub. L. 97–258 inserted references to section 2041 in two places. § 2043. Deposit of other moneys Except for public moneys deposited under sec- tion 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. (Added Pub. L. 97–258, § 2(g)(4)(E), Sept. 13, 1982, 96 Stat. 1061.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 28:2043 ..... 31:725v(b)(related to clerks). June 26, 1934, ch. 756, § 23(b)(related to clerks), 48 Stat. 1236; restated Dec. 21, 1944, ch. 631, § 1, 58 Stat. 845. The words ‘‘Except for public moneys deposited under section 2041 of this title . . . public moneys’’ are sub- stituted 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 sub- stituted 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. § 2044. Payment of fine with bond money 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 appear- ance bail bond (trial or appeal) to be held and paid over to the United States attorney to be ap- plied to the payment of any assessment, fine, restitution, or penalty imposed upon the defend- ant. The court shall not release any money de- posited for bond purposes after a plea or a ver- dict 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. (Added Pub. L. 101–647, title XXXVI, § 3629(a), Nov. 29, 1990, 104 Stat. 4966.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Nov. 29, 1990, see sec- tion 3631 of Pub. L. 101–647, set out as a note under sec- tion 3001 of this title. § 2045. Investment of court registry funds (a) The Director of the Administrative Office of the United States Courts, or the Director’s