Page:United States Statutes at Large Volume 53 Part 1.djvu/461

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(c) AcCOUNTING.- The collector shall render to the Commissioner a distinct account of all charges incurred in such sales, and, in case of resale, shall pay into the Treasury the proceeds as provided in section 3971. SEC. 3696. REDEMPTION OF PROPERTY. In any case of distraint for the payment of taxes, the goods, chattels, or effects so distrained shall be restored to the owner or possessor, if, prior to the sale, payment of the amount due is made to the proper officer charged with the collection, together with the fees and other charges; but in case of nonpayment, the said officer shall proceed to sell the said goods, chattels, or effects at public auction. SEC. 3697. CERTIFICATES OF SALE. In all cases of sale, as aforesaid, the certificate of such sale- (a) As EVIDENCE. - Shall be prima facie evidence of the right of the officer to make such sale, and conclusive evidence of the regularity of his proceedings in making the sale; and (b) As CONVEYANCES. - Shall transfer to the purchaser all right, title, and interest of such delinquent in and to the property sold; and (c) As AUTHORITY FOR TRANSFER OF CoRPORATE STOCK. -Where such property consists of stocks, shall be notice, when received, to any corporation, company, or association of said transfer, and shall be authority to such corporation, company, or association to record the transfer on their books and records in the same manner as if the stocks were transferred or assigned by the party holding the same, in lieu of any original or prior certificates, which shall be void, whether canceled or not; and (d) As RECErIPT. -W here the subject of sale is securities or other evidences of debt, shall be a good and valid receipt to the person holding the same, as against any person holding, or claiming to hold, possession of such securities or other evidences of debt. SEC. 3698. CROSS REFERENCES. For provisions relating to- Production of books, see section 3711. Sale of indivisible property, see section 3712. Stamps, marks, and brands, see section 3725. Part II-Distraint on Real Estate SEC. 3700. AUTHORITY TO DISTRAIN. When goods, chattels, or effects sufficient to satisfy the taxes im- posed upon any person are not found by the collector or deputy col- lector, he is authorized to collect the same by seizure and sale of real estate. SEC. 3701. PROCEEDINGS ON DISTRAINT. (a) NOTICE TO OWNER.- The officer making the seizure mentioned in the preceding section shall give notice to the person whose estate it is proposed to sell by giving him in hand, or leaving at his last or usual place of abode, if he has any such within the collection dis- trict where said estate is situated, a notice, in writing, stating what particular estate is to be sold, describing the same with reasonable certainty, and the time when and place where said officer proposes to sell the same. (b) PUBLIC NOTICE.-T he said officer shall also cause a notifica- tion to the same effect to be published in some newspaper within the county where such seizure is made, if any such there be, and shall also cause a like notice to be posted at the post office nearest to the estate seized, and in two other public places within the county. (c) TIME AND PLACE OF SALE.- The time of sale shall not be less than twenty nor more than forty days from the time of giving said notice. The place of said sale shall not be more than five miles distant from the estate seized, except by special order of the Com- missioner. COLLECTION 453