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Volume 49 · 513

Public Law 74–431

To amend the laws relating to proctors’ and marshals’ fees and bonds and stipulations in suits in admiralty.

Approved August 3, 1935

Statutory text

AN ACT

To amend the laws relating to proctors’ and marshals’ fees and bonds and stipulations in suits in admiralty.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 824

Judicial Code, amendments.

U. S. C., p. 1290.

of the Revised Statutes (U. S. C., title 28, sec. 572) is amended by adding after the first paragraph of such section the following new paragraph:

“On appeals in admiralty, where the amount involved is not over

Appeals in admiralty, proctor’s docket fees.

$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.,

U. S. C., p. 1290.

title 28, sec. 574; Supp. VII, title 28, sec. 574), is amended by striking out of such section the paragraph which reads as follows:

“When the debt or claim in admiralty is settled by the parties

Marshal’s commission, provision repealed.

without a sale of the property, the marshal shall be entitled to a commission of 1 per centum on the first $500 of the claim or decree, and one-half of 1 per centum on the excess of 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 cases in which the vessel or other property is sold by a

Marshal’s fee reduced when sale by third party.

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 reduced by the amount paid to said auctioneer or other party.”

Sec. 3.

Section 941 of the Revised Statutes, as amended (U. S. C.,

U. S. C., p. 1307.

Delivery bond In admiralty proceedings.

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: “ Provided, That the parties may stipulate the amount of the bond

Proviso.

Amount of bond, etc.

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 further,

Failure to stipulate.

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.

Parsed from the official Statutes at Large USLM XML in 49.xml