Page:United States Statutes at Large Volume 31.djvu/1313

FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854;. 1901. 126]. Sec. 45-1. The attachment shall be levied upon personal chattels by ’°“P°’S°“"l°““"°"· the officer taking the same into his possession and custody, unless the §,‘,§§‘11‘駧.ebf]§§“d““” defendant shall give to the officer his undertaking, to be filed in the cause, with sufficient security, to the following effect, namely: —f<>¤¤ 0*- A B, plaintiff, versus At law. Numbered —. C D, defendant. The defendant and -- - , his surety, in consideration of the discharge from the custody of the marshal of the property seized by him, upon the attachment sued out against the defendant, on the-- Uday of ..., , anno Doniini nineteen hundred - - - -, in the above entitled cause, appear, and submitting to the jurisdiction of the court, hereby undertake, for themselves and each of them, their and each of their heirs, executors, and administrators, to abide by and perform the judgment of the court in the premises in relation to said property, which judgment may be rendered against all the parties whose names are hereto signed. . (Signed) C D. [SEAL.] E F. [SEAL.] Or unless the person in whose possession the property is attached -9f 9g,f¤<>f;,j¤ **3*9; shall give to the officer, to be filed in the cause, an undertaking in the ggiieaiffgghef pr P following form or to the same effect, namely: -:0rm Os. A B, plaintiff, versus At law. Numbered —. C D, defendant. { \VhereaS by virtue of an attachment issued in the above-entitled suit, 4, the United States marshal for the District of Columbia has attached certain property in the hands of the undersigned E F, as garnishee, namely, (here describe) of the value of .. dollars; and now, therefore, the said `E F and G H, as surety, appearing in said suit, and submitting to the juridiction of the court, hereby undertake for themselves and each of them, their and each of their heirs, executors, and administrators to abide by the judgment of the court in relation to said property, and that if the same shall be condemned to satisfy the claim of the plaintiff, judgment may be rendered against all of the undersigned for thevalue of said property and costs, to be executed against them, and each of them, unless said property shall be fortheoming to satisfy the judgment of condemnation. (Signed) E F. [SEAL] G H. [SEAL.] And in either of said cases the attachment shall be sufhciently levied by the taking of the undertaking, as above provided for; and in the latter case the recital of the undertaking shall contain a sufficient description of the property and its value, which value shall be ascertained by an appraisement to be made under direction of the officer and returned with the writ. Sec. 455. RELEASES.-—Elth€1‘ the defendant or the person in whose _§§I[$_,&j;§iu,r€d possession the property was may obtain a release of the same from the ` attachment, after it has been taken into the custody of the marshal and the writ has been returned, by giving the undertaking required of him as aforesaid, with security to be approved by the court. The plaintiff may except to the sufficiency of any undertaking ggggepgjegtcte wmaccepted as aforesaid by the marshal and, if the exceptions be sus- Y ’ ` tained, the court shall rule the marshal to file a new undertaking, with Sufficient Surety, by a day to be named, in default of which he shall be liable to the plaintiff, on his official bond, for any loss sustained by the . plaintiff through such default. lf the property attached be delivered to the defendant upon his executing an undertaking as aforesaid, and judgment in the action shall