United States Statutes at Large/Volume 2/6th Congress/1st Session/Chapter 45
Chap. XLV.—An Act to authorize the sale and conveyance of lands, in certain cases, by the Marshals of the United States, and to confirm former sales.
Marshals may sell the interest in lands delivered to the United States in satisfaction of judgments, in those states where lands are so delivered.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where the United States shall have obtained judgment in civil actions, brought in those states wherein by the laws and practice of such states lands or other real estate belonging to the debtor are delivered to the creditor in satisfaction of such judgment, and shall have received seisin and possession of lands so delivered, it shall be lawful for the marshal of the district wherein such lands or other real estate are situated, under the directions of the Secretary of the Treasury, to expose the same to sale at public auction, and to execute a grant thereof to the highest bidder, on receiving payment of the full purchase money; which grant, so made, shall vest in such purchaser all the right, estate, and interest of the United States in and to such lands, or other real estate.
Such sales by the collectors, in former cases, confirmed.
Proviso.Sec. 2. And be it further enacted, That the sales heretofore made by collectors of certain districts of the United States, of lands or other real estate delivered as aforesaid to the United States, shall be, and they are hereby confirmed: Provided, that this confirmation shall not extend to any sale, unless the condition of such sale has been complied with by the purchaser.
Proceedings to conclude the sale of lands in case of the vacancy of the office of marshal.Sec. 3. And be it further enacted, That whenever a marshal shall sell any lands, tenements, or hereditaments, by virtue of process from a court of the United States, and shall die, or be removed from office, or the term of his commission expire, before a deed shall be executed for the same by him to the purchaser; in every such case the purchaser or plaintiff, at whose suit the sale was made, may apply to the court from which the process issued, and set forth the case, assigning the reason why the title was not perfected by the marshal who sold the same; and thereupon the court may order the marshal for the time being to perfect the title, and execute a deed to the purchaser, he paying the purchase money and costs remaining unpaid;Successors of marshals may complete sales. and where a marshal shall take in execution any lands, tenements, or hereditaments, and shall die, or be removed from office, or the term of his commission expire before sale, or other final disposition made of the same; in every such case, the like process shall issue to the succeeding marshal, and the same proceedings shall be had, as if such former marshal had not died or been removed, or the term of his commission had not expired: and the provisions in this section contained shall be, and they are hereby extended to all the cases respectively which may have happened before the passing of this act.
Approved, May 7, 1800.