Order of sale

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In any judgment rendered by any court of competent jurisdiction, escheating property to this territory, on motion of the United States attorney, the court shall make an order that such property be sold at public sale, and upon such terms, whether for cash or credit, or both, as shall be deemed for the best interests of this territory. After giving such notice of the time and place of sale as may be prescribed by the court in the order, the marshal shall, within ten days after such sale, make a report thereof to the court, and, upon hearing the report, the court may examine the same and witnesses in relation thereto, and if the proceedings of such sale are unfair, or the sum or sums bid are disproportionate to the value of the portion sold, and if it appear that a greater sum can be obtained for the property, or any portion thereof, exceeding such bid by at least ten per centum, exclusive of the expense of a new sale, the court may vacate the sale and direct another sale to be had and the new sale shall be conducted in all respects as if no previous sale had taken place. But if it appears to the court that the sale was legally made and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, and that a greater sum than ten per centum, exclusive of the expense of a new sale, can not be obtained, the court shall make an order confirming the sale and directing the marshal in the name of this territory to execute to the purchaser or purchasers a conveyance of the property sold, and the conveyance shall vest in the purchaser or purchasers all the right and title of this territory therein, and also directing that the purchaser shall execute and deliver to the marshal his note or notes, payable to this territory, for any deferred payments, with a first mortgage upon the property conveyed, to secure such deferred payments. The marshal shall, out of the proceeds of such sale, pay the cost of the proceedings incurred on behalf of this territory, including the expense of making such sale, and the remainder, together with the notes and mortgages, he shall deliver to the Commissioner of Finance.


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