Page:United States Statutes at Large Volume 49 Part 1.djvu/558

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74 TH CONGRESS . SESS . I. CHS. 431, 432. AU GUST 3, 1935 .

513 [CHAPTER 431 .1 AN ACT

August 3, 1935. To amend the laws relating to proctors' and marshals' fees and bonds and stipu- [ri. R .29 .1 lations in suits in admiralty .

[Public, No .232.1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 824 of the Revised Statutes (U . S . C ., title 28, sec . 572) is amended by adding aft er the first para graph of such sec tion the followin g new paragraph : " On appeals in admiralty, wh ere the amount in volved is not ove r $1,000 a proctor's docket fee of $20; where the amount involved is from $1,000 to $5,000 a proctor's docket fee of $50; where the amount involved is over $5,000 a proctor's docket fee of $100 . On such appeals cost of brief of successful party to be taxed, where amount involved is not over $1,000 at not exceeding $25; where amount involved is between $1,000 and $5,000 at not exceeding $50

where amount involved is over $5,000 at not exceeding $75 ." SEC. 2 . Section 829 of the Revised Statutes, as amended (U . S. C., title 28, sec . 574; Supp . VII, title 28, sec . 574), is amended by strik- ing out of such section the paragraph which reads as follows : "When the debt or claim in admiralty is settled by the parties withou t a sale of the p roperty, the mars hal shall be enti tled to a commission of 1 per centum on the first $500 of the claim or decree, and one-ha lf of 1 per centu m on the excess o f any sum thereof over $500 : Provided, That when the value of the property is less than the claim such commission shall be allowed only on the appraised value thereof ." and inserting in lieu thereof the following : "In all case s in which the ve ssel or other pro perty is sold by a public auctioneer or by some party other than the marshal or his deputy, the fee herein authorized to be paid to the marshal shall be reduce d by the amount p aid to said aucti oneer or other pa rty ." SEC . 3 . Section 941 of the Revised Statutes, as amended (U . S . C ., title 28, sec . 754), is amended by striking out the period at the end thereof and inserting in lieu thereof a colon and the following

" Pro vid ed, That the parties may stipulate the amount of the bond or stipulation for the release of a vessel or other property on libel in admiralty to be not more than the amount claimed in the libel, with interest, plus an allowance for libellant's costs : Provided fur- ther, That in the event of the inability or refusal of the parties to so stipulate the amount of the bond, the court shall fix the amount thereof, but if not so fixed then a bond shall be required in the amount hereinbefore prescribed in this section ." Approved, August 3, 1935 . [CHAPTER 432 .1 Jud ic ial Code, amen dment s . U. S. C ., p. 1290. AppeaL3 in admir- alty, proctor's docket fees . U.S. C., p. 1290. Marshal 's commis- sion, provision re- peal ed . Marshal 's fee re- du ced w hen s ale by thir d par ty . U.S.C.,p.1307. Delivery bond in admiralty proceedings . P ovisos . Amount of bond, etc . Failure to stipulate. AN ACT August 3, 1935 . To amend the Act approved May 14, 1930, entitled "An Act to reorganize the [if. R. 3430.1 administration of Federal prisons; to authorize the Attorney General to

[Public, No.233 .] contra ct for the care of United States prisoners; to establish Federal jails; and for other purposes ." Be it enacted b y the Senate and House of Representatives of the United States o f America in Congress assembled, That section 9 of the Act approved May 14, 1930, chapter 274 (U . S . C ., title 18, sec . 753h), be, and the same is hereby, amended to read as follows : " SEC. 9. Any person committed to the custody of the Attorney General or his authorized representative, or who is confined in any pe nal or correction al institution pu rsuant to the dir ection of the Attorney General, or who is in custody by virtue of any process 104019•-30 33 Prisons and prison- ers . Vo1.46,p.327;U.S. C.,p.785. Escapes or attempts to escape; penalties .