Page:United States Statutes at Large Volume 47 Part 1.djvu/1000

976 Co ntrib utio n . Who may compel Claimant may give und erta king and re- lease property. Cla im of prop erty ; undertaking, amou nt and condition of. Filing and serving und erta king . Obje ctions to . 72d C ONGRESS . SESS. II. CH. 127 . FEBRUARY 27, 1933 . J udgment so revived has the same force and effect as would an orig- inal judgment of the date of the revival, and no more . SEC . 378. PARTY WHO PAYS MORE THAN HIS SHARE MAY COMPEL CONTRIBUTION .-When property, liable to an execution against sev- eral persons, is sold thereon, and more than a due proportion of the judgmen t is sat isfied ou t of the proceed s of the sale of the pro perty of one of them, or one of them pays without a sale more than his proportion, he may compel contribution from the others ; and wh en a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal . In such case the person so payi ng or co ntributin g is ent itled to the ben efit of the judg ment, to enforce contribution or repayment, if, within ten days after his payment, he file with the clerk of the court where the judgment was rendered, notice of his payment and claim to contribution or repay- ment. Upon a filing of such notice, the clerk must make an entry thereof in the margin of the docket . SEC. 379. CLAI MANT OF PROP ERTY MAY GI VE UND ERTAKI NG AND RELEASE PROPERTY.-Where property levied upon under execution to satisfy a judgment for the payment of money is claimed, in whole or in part, by a person, corporation, partnership or association, other than the judgment debtor, such claimant may give an undertaking as hereinafter provided, which undertaking shall release the prop- erty in the undertaking described from the lien and levy of such execution . SEC . 380 . CLAIM OF PROPERTY ; UNDERTAKING, AMOUNT AND CONDI- TIOxs oF.-Such undertaking, with two sureties, shall be executed by the perso n, cor porat ion, partn ership or a ssoci ation, claiming in whole or in part, the property upon which execution is levied in double the estimated value of the property claimed by the person, corporation, partnership or association ; provided in no case need such undertaking be for a greater sum than double the amount for which the execution is levied ; and where the estimated value of the property so claimed by the person, corporation, partnership or asso- ciation is less than the sum for which such attachment is levied, such estimated value shall be stated in the undertaking, and said under- taking shall be conditioned that if the property claimed by the per- son, corporation, partnership or association is finally adjudged to be the property of the judgment debtor, said person, corporation, part- nership or association will pay of said judgment upon which execu- tion h as issue d a sum equal to the val ue, as es timated in said under- taking, of said property claimed by said person corporation, part- nership or association, and said property claimed shall be described in said undertaking . SEC . 381 . CLAIM OF PROPERTY ; UNDERTAKING2 FILING AND SERVING : Said undertaking shall be filed in the action in whichi said execution issued, and a copy thereof served upon the judgment creditor or his attorney in said action . SEC. 382. CL AIM OF PROPERTY ; UNDERTAKING, O BJECTIONS TO: With in te n days afte r the serv ice of the copy of und ertak ing, the judg ment credit or ma y obj ect t o such unde rtaki ng on the g round of inability of the sureties, or either of them, to pay the sum for which they become bound in said undertaking, and upon the ground that the es timated value of propert y therei n is less than th e market value of the property claimed . Such objec tion to the unde rtaki ng sha ll be made in writing, specifying the ground or grounds of objection and if the objection is made to the undertaking that the estimated value therein is less than the market value of the property claimed,