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-CITE-
28 USC CHAPTER 129 - MONEYS PAID INTO COURT 01/03/2007

-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART V - PROCEDURE
CHAPTER 129 - MONEYS PAID INTO COURT

-HEAD-
CHAPTER 129 - MONEYS PAID INTO COURT

-MISC1-
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.

-End-



-CITE-
28 USC Sec. 2041 01/03/2007

-EXPCITE-
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.)


-MISC1-
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".

-End-



-CITE-
28 USC Sec. 2042 01/03/2007

-EXPCITE-
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.)


-MISC1-
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.

-End-



-CITE-
28 USC Sec. 2043 01/03/2007

-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART V - PROCEDURE
CHAPTER 129 - MONEYS PAID INTO COURT

-HEAD-
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.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
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.
--------------------------------------------------------------------

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.

-End-



-CITE-
28 USC Sec. 2044 01/03/2007

-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART V - PROCEDURE
CHAPTER 129 - MONEYS PAID INTO COURT

-HEAD-
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.)


-MISC1-
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.

-End-
   

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