§ 2464. — Security; special bond.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2464]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 163--FINES, PENALTIES AND FORFEITURES
Sec. 2464. Security; special bond
(a) Except in cases of seizures for forfeiture under any law of the
United States, whenever a warrant of arrest or other process in rem is
issued in any admiralty case, the United States marshal shall stay the
execution of such process, or discharge the property arrested if the
process has been levied, on receiving from the respondent or claimant of
the property a bond or stipulation in double the amount claimed by the
libellant, with sufficient surety, to be approved by the judge of the
district court where the case is pending, or, in his absence, by the
collector of the port, conditioned to answer the decree of the court in
such case. Such bond or stipulation shall be returned to the court, and
judgment or decree thereon, against both the principal and sureties, may
be secured at the time of rendering the decree in the original case. The
owner of any vessel may deliver to the marshal a bond or stipulation,
with sufficient surety, to be approved by the judge of the district
court, conditioned to answer the decree of such court in all or any
cases that are brought thereafter in such court against the vessel.
Thereupon the execution of all such process against such vessel shall be
stayed so long as the amount secured by such bond or stipulation is at
least double the aggregate amount claimed by libellants in such suits
which are begun and pending against such vessel. Similar judgments or
decrees and remedies may be had on such bond or stipulation as if a
special bond or stipulation had been filed in each of such suits.
(b) The court may make necessary orders to carry this section into
effect, particularly in giving proper notice of any such suit. Such bond
or stipulation shall be indorsed by the clerk with a minute of the suits
wherein process is so stayed. Further security may be required by the
court at any time.
(c) If a special bond or stipulation in the particular case is given
under this section, the liability as to said case on the general bond or
stipulation shall cease. The parties may stipulate the amount of the
bond or stipulation for the release of a vessel or other property to be
not more than the amount claimed in the libel, with interest, plus an
allowance for libellant's costs. In the event of the inability or
refusal of the parties to so stipulate, the court shall fix the amount,
but if not so fixed then a bond shall be required in the amount
prescribed in this section.
(June 25, 1948, ch. 646, 62 Stat. 974.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 754 (R.S. Sec. 941; Mar.
3, 1899, ch. 441, 30 Stat. 1354; Aug. 3, 1935, ch. 431, Sec. 3, 49 Stat.
513).
Changes were made in phraseology.
Transfer of Functions
All offices of collector of customs, comptroller of customs,
surveyor of customs, and appraiser of merchandise of Bureau of Customs
of Department of the Treasury to which appointments were required to be
made by the President with the advice and consent of the Senate were
ordered abolished, with such offices to be terminated not later than
Dec. 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R.
7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government
Organization and Employees. All functions of the offices eliminated were
already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of
1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the
Appendix to Title 5.
Section Referred to in Other Sections
This section is referred to in title 16 sections 916g, 958, 959,
971f, 972g.
