Page:United States Statutes at Large Volume 31.djvu/405

FIFTY—SIXTH CONGRESS. Sess. I. Ch. 786. 1900. Sec. 131. If the property or an art thereof be concealed in a P°“'°” °‘ ’“”·’¤h¤} building or inclosure the marshal sliyall) publicly demand its delivery. ;ii?d iiiovidiiiiingogr If it be not delivered he shall cause the building or inclosure to be °° °S`"°‘ ` broken open and take the property into his possession, and 1f necessar he may call to his aid the power of the district. _ _ Slim. 132. When the marshal shall have taken the property_as in this ,,,f,’,Q,¥;fg,§>g€§‘g,‘;,;‘gg chapter provided, he shall keep it in a secure place and deliver it to plaintiff. the party entitled thereto upon receiving his lawful fees for taking and his necessary erépenses for ’eeping the same. _ Sec. 133. If e property taken be claimed by any other person than p§,°{,‘§$§d§,§‘,§‘j,,e‘,§h§§ the defendant or his agent, and such person make affidavit of his title third r<·=¤¤»¤¤- thereto or his right to the possession thereof, stating the grounds of such title or right, and serve the same upon. the marshal before the delivery of the property to the plaintiff, the marshal shall not be bound - to keep the property or deliver it to the (plaintiff unless the plaintiff, on demand of him or his agent, shall in emnify the marshal against such claim by an undertaking, executed by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the proiperty as specified in the affidavit of the plaintiff, over and above their ebts and liabilities, exclusive of property exempt from execution. And no claim to such property by any other person than the defendant or his agent shall be valid against the marshal unless made as aforesaid; an notwithstanding such claim when so made he may retain the property a reasonable time to demand such indemnity. Sec. 134. The marshal shall file the affidavit, with his proceedings b}<;$11_g¤£a<ff affidavit thereon, including an inventory of the property taken, with the clerk i ' of the court in w ich the action is pending within twenty days after taking the property mentioned therein, or e may mail or forward the . same to the clerk within that time. Z CHAPTER Fomrriznx. OF ATTACHMENT. _ X Sec. Sec. 135. When plaintiff may have property 149. How defendant may have an order { of de endant attached. for the return of the roperty. ·- ~ 136. Writ of attachment, by whom is- 150. Undertaking of the detgndant upon sued, and for what causes. ’ such order. 137. Undertaking of plaintiff to be filed 151. When the defendant may move to before writ issues. discharge the attachment. 138. Writ, to whom directed, and what 152. When writ to be returned. it shall require. 153. What order upon garnishee shall re- 139. What property may be attached. quire. 140. Writ, ow executed. 154. When plaintiff may serve interroga- 141. Effect of attachment as to third per- tories on glarnishee. . ` sons. · 155. Answer of the garnishee. 142. When real property attached, cer- 156. Plaintiff may have judgment for . ticate of marsha . want of answer, or garnishee may . 143. When third persons must furnish be compelled toanswer. certificate to marshal. 157. Exceptions to answer. V 144. Perishable property may be sold. 158. Reply to answer, and trial of issue 145. When marshal may deliver property thereon. to defendant. 159. Judgment against the garnishee 146. Defense to action upon such under- upon answer or trial. taking. 160. Execution against garnishee, wit- 147. If judgment recovered by plaintiff, nesses on trial. marshal to apply dproperty upon 161. When restraining order may be alexecution, remain er to be deliv- lowed against garnishee. ered to defendant. 162. What proceedings known as pro- 148. If judgment not recovered by plain- visional remedies. tiff, property to be returned to defendant. . SEc. 135. The plaintiff, at the time ‘of issuing the summons, or at haQfg¢*;0PIgjp¤i*;f¤;,¤€{ any time afterwards, may have the property of the defendant attached fendarlit aimilea. as security for the satisfaction of any judgment that may be recovered, vox. xxxi;23