Page:United States Statutes at Large Volume 31.djvu/429

FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 377 Sixth. When property has been attached, and it is probable that such property will not be sufficient to satisfy the judgment, the execution may be levied on other property of the judgment debtor without delay. If after satisfying the jud ment any propert or the proceeds thereof remain in the custody of tie marshal, he shall deliver the same to the judgment debtor. Sec. 27 5.. In the case of property in the possession of or owing from Samssubimany arnishee mentioned in section one hundred and forty-three the D18t1`5]&l shall proceed as follows: First. If it appear from the certificate of the garnishee that he is owing a debt to the judgment debtor, which is then due, if such debt is not paid by such garnishee to the marshal on demand, he shall levy on the property of the garnishee for the amount thereof, in all respects as if the execution was against the property of the garnishee. But if such debt be not then due, the mars al shall sell the same according to the certificate, as other property; Second. If in like manner it appear that the judgment debtor has rights or shares in the stock of the garnishee, as provided in section one hundred and forty-three, the marshal shall sell the same according to the certificate, as other property; Third. If in like manner it appear that the garnishee has other personal property of the judgment ebtor in his possession, and the same has not been bailed to such garnishee for a period then unex ired, unless the same_be delivered to the marshal on demand he shall) levy upon the same wherever he may find it. But if such property is in the possession of such garnishee upon a bailment then unexpired, the marshal shall sell the same, or the interest of the judgment debtor therein, according to the certificate, as other property. Sec. 276. When a marshal with an execution levies upon any of the g,§g°;*1a§S$1;{>;;j¤t§H§ personal property mentioned in subdivision three of section one hun- cam, how marshal to dred and forty, and if the same is not delivered, paid, or transferred l"°°°"°· to him at the time, and the garnishee furnish him the certificate required in section one hundred and forty-three, he shall proceed thereafter in reference to such property as provided in section two hundred and seventy-four of this title. Such property may be delivered, paid, or transferred to the marshal at the time of levy, or sufii— cient thereof to satisfy the execution, and the inarshal?S receipt to the person, association, or corporation, as the case may be, shall be a . sufficient discharge therefor. Sec. 277. When the marshal shall levy upon personal property by ,e§Q'};€¤€*;g§§¤lgL¤{ virtue of an execution, he may permit the judgment debtor to retain erty ni) possessidh gz the same, or any part thereof, in his possession until the day of sale, ’“°g‘”°“" °°bt°‘· · upon the defendant executing a written undertaking to the marshal with sufficient surety, in double the value of such property, to the eifect that it shall be delivered to the marshal at the time and place of sale, and for nondelivery thereof an action may be maintained upon such undertakin by the marshal or the plaintiff in the execution; but the marshal shadi not thereby be discharged from his liability to the plaintiff for such property. I Sec. 278. Before the sale of property on execution, notice thereof 6x§g§g$u°£0;“é§v§,Q shall be given, as follows: _ ' First. In case of personal property, by posting a written or printed notice of the time and place of sale in three public places within five miles of the place where the sale is to take place, not less than ten < days prior to the day of sale; one of said notices shall be posted on tlie door of the post-office nearest to the place where the sale is to take p ace; Second. In case of real property, by posting a similar notice, particularly describing the property, for four weeks prior to the day of