2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part VI - PARTICULAR PROCEEDINGS (§§ 2201 - 4105)
Chapter 173 - ATTACHMENT IN POSTAL SUITS (§§ 2710 - 2718)
Section 2713 - Trial of ownership of property
|Publication Title||United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 173 - ATTACHMENT IN POSTAL SUITS
Sec. 2713 - Trial of ownership of property
|Laws in Effect as of Date||January 15, 2013|
|Source Credit||Added Pub. L. 86-682, §9, Sept. 2, 1960, 74 Stat. 707.|
|Statutes at Large Reference||74 Stat. 707|
|Public Law References||Public Law 86-682|
Not later than twenty days before the return day of a warrant issued under section 2712 of this title, the party whose property is attached, on notice to the United States Attorney, may file a plea in abatement, denying the allegations of the affidavit, or denying ownership in the defendant of the property attached. The court, upon application of either party, shall order a trial by jury of the issues. Where the parties, by consent, waive a trial by jury, the court shall decide the issues. A party claiming ownership of the property attached and seeking its return is limited to the remedy afforded by this section, but his right to an action of trespass, or other action for damages, is not impaired.
(Added Pub. L. 86–682, §9, Sept. 2, 1960, 74 Stat. 707.)Codification
Section was derived from R.S. §927, which was originally classified to section 740 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. §927 was reclassified to section 840 of Title 39. R.S. §927 was repealed by section 12(c) of Pub. L. 86–682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2713 of this title.
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