§ 2042. — Withdrawal.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2042]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 129--MONEYS PAID INTO COURT
Sec. 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withdrawn except by order of court.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, obtain an order directing payment to him.
(June 25, 1948, ch. 646, 62 Stat. 960; Pub. L. 97-258, Sec. 2(g)(4)(D),
Sept. 13, 1982, 96 Stat. 1061.)
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ed., which repealed permanent appropriations of unclaimed money accounts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.
Section Referred to in Other Sections
This section is referred to in title 18 section 3666.
