28 U.S.C. § 1656 — Creation of new district or division or transfer of territory; lien enforcement
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 139 words · no verdicts yet
This section addresses creation of new district or division or transfer of territory; lien enforcement. It states the specific rules described in the explanation.
The creation of a new district* or division or the transfer of any territory to another district or division must not affect or divest any lien theretofore acquired in a district court* upon property within such district, division or territory. To enforce such lien, the clerk of the court in which it is acquired, upon the request and at the cost of the party desiring it, must make a certified copy of the record of it, which, when filed in the proper court of the district or division in which such property is situated after such creation or transfer must be evidence in all courts and places equally with the original of it; and, thereafter like proceedings must be had thereon, and with it effect, as though the case or proceeding had been originally instituted in such court.
The creation of a new district* or division or the transfer of any territory to another district or division shall not affect or divest any lien theretofore acquired in a district court* upon property within such district, division or territory.
To enforce such lien, the clerk of the court in which the same is acquired, upon the request and at the cost of the party desiring the same, shall make a certified copy of the record thereof, which, when filed in the proper court of the district or division in which such property is situated after such creation or transfer shall be evidence in all courts and places equally with the original thereof; and, thereafter like proceedings shall be had thereon, and with the same effect, as though the case or proceeding had been originally instituted in such court.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 944; Pub. L. 95–598, title II, § 242, Nov. 6, 1978, 92 Stat. 2671.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 944
- 1978Amended · Pub. L. 95-598 · 92 Stat. 2671
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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