
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: 31USC3542]

 
                       TITLE 31--MONEY AND FINANCE
 
                   SUBTITLE III--FINANCIAL MANAGEMENT
 
                  CHAPTER 35--ACCOUNTING AND COLLECTION
 
                        SUBCHAPTER IV--COLLECTION
 
Sec. 3542. Carrying out distress warrants

    (a) A marshal carrying out a distress warrant issued under section 
3541 of this title shall seize the personal property of the official and 
sell the property after giving 10 days notice of the sale. Notice shall 
be given by posting an advertisement of the property to be sold in at 
least 2 public places in the town and county in which the property was 
taken or the town and county in which the owner of the property resides. 
If the property does not satisfy the amount due under the warrant, the 
official may be sent to prison until discharged by law.
    (b)(1) The amount due under a warrant is a lien on the real property 
of the official from the date the distress warrant is issued. The lien 
shall be recorded in the office of the clerk of the appropriate district 
court until discharged under law.
    (2) If the personal property of the official is not enough to 
satisfy a distress warrant, the marshal shall sell real property of the 
official after advertising the property for at least 3 weeks in at least 
3 public places in the county or district where the property is located. 
A buyer of the real property has valid title against all persons 
claiming under the official.
    (c) The official shall receive that part of the proceeds of a sale 
remaining after the distress warrant is satisfied and the reasonable 
costs and charges of the sale are paid.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 968.)

                                          Historical and Revision Notes
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---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
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---------------------------------
3542(a)..............................  31:508.                         R.S. Sec
.  3627.
3542(b)(1)...........................  31:510.                         R.S. Sec
.  3629; June 6, 1972, Pub. L. 92-
                                                                        310, Se
c.  231(m), 86 Stat. 210.
3542(b)(2)...........................  31:511.                         R.S. Sec
.  3630; June 6, 1972, Pub. L. 92-
                                                                        310, Se
c.  231(n), 86 Stat. 210.
                                       31:512.                         R.S. Sec
.  3631; June 6, 1972, Pub. L. 92-
                                                                        310, Se
c.  231(o), 86 Stat. 210.
3542(c)..............................  31:513.                         R.S. Sec
.  3632; June 6, 1972, Pub. L. 92-
                                                                        310, Se
c.  231(p), 86 Stat. 210.
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---------------------------------

    In the section, the word ``delinquent'' is omitted as surplus.
    In subsection (a), the words ``issued under section 3541 of this 
title'' are added for clarity. The words ``by himself or by his deputy, 
proceed to levy and collect the sum remaining due, by'' are omitted as 
surplus. The words ``seize the personal property'' are substituted for 
``distress . . . of the goods and chattels'' for clarity. The word 
``intended'' is omitted as surplus. The last sentence is substituted for 
31:508(last sentence) to eliminate unnecessary words.
    In subsection (b), the words ``real property'' are substituted for 
``lands, tenements, and hereditaments'' for clarity.
    In subsection (b)(1), the words ``by any delinquent officer'', 
``declared to be'', ``of a levy in pursuance of'', and ``against him'' 
are omitted as surplus.
    In subsection (b)(2), the words ``personal property'' are 
substituted for ``goods and chattels'' for consistency. The words 
``issued pursuant to sections 506 to 510 of this title'' are omitted 
because of the restatement. The words ``or so much thereof as may be 
necessary for that purpose'' and ``of such district or his deputy'' are 
omitted as unnecessary. The last sentence is substituted for 31:512 to 
eliminate unnecessary words.
    In subsection (c), the words ``that part'' are substituted for ``All 
moneys'' for clarity.

                  Section Referred to in Other Sections

    This section is referred to in section 3543 of this title.
