Page:United States Statutes at Large Volume 31.djvu/1413

FIFTY-SIXTH CONGRESS. SEss. II. Ch. 854. 1901. 1361 sition of the property attached or its proceeds, not being real estate, setting forth a claim thereto or an interest in or lien upon the same; and the court, without other pleadings, shall inquire into the claim, and, if either party re uest it, impanel a jury for the purpose, who shall be sworn to try the question involved as an issue between the claimant as plaintiff and the parties to the suit as defendants, and the court may make all such or ers as may be necessary to protect any rights of the petitioner. Sec. 1097. JUDGMENT or CONDEMNATION or PRoPERTY.—Where the degggggggt cgi pig; attachment has been levied upon specific tproperty, on the return by my- the marshal judgment of condemnation o the same may be entered, and so much thereof as may be necessary to satisfy the plaintiffs judgment may be sold under a iieri facias; or, if said property shall have been sold under interlocutory order of the court, the proceeds, or so much thereof as may be necessary, shall be applied to the plaintiif’s claim by order of the court. SEo. 1098. JUDGMENT AGAINST GARNISHEE.-·-If a garnishee shall have a{_¤;·}e;1m¢¤¢ ¤g¤i¤¤¢ admitted credits in his hands, in answer to interrogatories served upon g S ee' him, or the same shall have been found upon an issue made as aforesaid, judgment shall be entered against him for the amount of credits admitted or found as aforesaid, not exceeding the amount of the plaintiif’s judgment, and costs, and execution shall be had thereon not to exceed the credits in his hands; but if said credits shall not be immediately due and payable, execution shall be stayed until the same shall become due; and if the garnishee shall have failed to answer the interrogatories served on him, or to appear and show cause why a judgment of condemnation should not be entered, such judgment shall be entered against him for the whole amount of the plaintiH ’s judgment and costs, and execution shall be had thereon. SEc. 1099. CONDEMNATION AND SALE or PATENT R1eHrs.—If the m{Q,°g§;g;gg§g;h*gd property attached be a patent right, on the marshal’s return judgment ` of condemnation of the said property shall be entered and the marshal shall sell the same under iieri facias at public auction in the same man- I ner as real estate. Any patent right condemned and sold as aforesaid _ shall be assigned by the marshal to the purchaser in the same manner - ·_*" in which such assignments are made by private persons, and his said assignment may be recorded in the proper book or record of assignment in the Patent Office. SEc. 1100. DELIVERY OF POSSESSION OF PROPERTY soLD.—When real .D<=li;¤rY ¤f possesestate, is sold by virtue of any execution, and the judgment defendant Sm ° pmpmy S°1d‘ or any person claiming under him since the rendition of the judgment is in actual possession of the property and refuses to deliver possession thereof to the purchaser upon demand made therefor, it shall be lawful for the court, on the application of the purchaser, to require the person so in possession to show cause why possession should not be delivered according to said demand, and, if no good cause be shown, to issue a writ of habere facias possessionem, requiring the marshal to put the purchaser in possession. If the dparty in possession shall allege under oath a title derived from the ju gment debtor prior to the judgment or a title superior to that of the defendant, said writ shall not issue, but the purchaser may have his remedy by an action of ejectment or the summary remedy before a justice of the peace as herein provided in subchapter one of chapter one. Sec. 1101. CHANGE or MARs1=1AL.——If the marshal die, be removed Chem <>f¤m¤h¤L from office, or become otherwise disqualified from executin a `writ of execution received by him, the same may be executed ang returned by his deputy or successor in office. SEc. 1102. DEFECTIVE SALE.—If upon the sale of property under D°f°°°i“’ Smexecution the title of the pprchaser is invalid by reason of a defect in the proceedings, the purc ser may be subrogated to the rights of the vox. xxx1——86