
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC1874]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                            PART V--PROCEDURE
 
                   CHAPTER 121--JURIES; TRIAL BY JURY
 
Sec. 1874. Actions on bonds and specialties

    In all actions to recover the forfeiture annexed to any articles of 
agreement, covenant, bond, or other specialty, wherein the forfeiture, 
breach, or nonperformance appears by default or confession of the 
defendant, the court shall render judgment for the plaintiff for such 
amount as is due. If the sum is uncertain, it shall, upon request of 
either party, be assessed by a jury.

(June 25, 1948, ch. 646, 62 Stat. 953.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Sec. 785 (R.S. Sec. 961).
    Word ``actions'' was substituted for ``all suits brought,'' in view 
of Rule 2 of the Federal Rules of Civil Procedure. For the same reason, 
words ``according to equity,'' after ``to recover so much as is due,'' 
were omitted.
    Words ``or upon demurrer,'' after ``default or confession of the 
defendant,'' were omitted in view of Federal Rules of Civil Procedure, 
Rule 7(c), abolishing demurrers.
    Changes were made in phraseology.
