Page:United States Statutes at Large Volume 31.djvu/1311

 F IFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1259 ant evades the service of ordinary process by concealing himself or temporarily withdrawing himself from the District; or, third, that he has removed or is about to remove some or all of his pro erty from the District, so as to defeat just demands against him; or, tgurth, that he has assigned, conveyed, disposed of, or secreted, or is about to assign, convey, dispose of, or secrete his property with intent to hinder, delay, or defraud his creditors; o1·, fifth, that the defendant fraudulently contracted the debt or incurred the obligation respecting which the action is brought, the clerk shall issue a writ of attachment and —i¤¤¤¤ <>fWri¢- garnishment, to be levied upon so much of the lands, tenements, goods, chattels, and credits of the defendant as may be necessary to satisfy the claim of the plaintiff: Prmiicled, That the plaintiff Shall first file in Qrqziggét H, be d the c1erk’s office a bond, executed by himself or his agent, with security _P a 0 B U to be approved by the clerk, in twice the amount of his claim, conditioned to make good to the defendant all costs and damages which he may sustain by reason of the wrongful suing out of the attachment. Sec. 446. SERv1cE.——Every such writ shall require the marshal to Service °f¤¤¤<=€· serve a notice on the defendant, if he be found in the District, and on any person in whose possession any property or credits of the defendant may be attached, to appear in said court on or before the twentieth day, exclusive of Sundays and legal holidays, after service of such notice, and show cause, if any there be, why the property so attached should not be condemned and execution thereof had; and the marshal’s return shall show the fact of Such service. If the defendant is returned m§,°‘i°° by P“b“°°·· "Not to be found," such notice shall be given by publication to the ` following effect, namely: In the supreme court of the District of Columbia. A B, plaintiff, versus At law. Numbered ——. C D, defendant. . The object of this suit is to recover (here state it brieiiy) and to have judgment of condemnation of certain property of the defendant levied on under an attachment issued in this suit to satisfy the plaintiff ’s claim. It is, therefore, this day of  - -, ordered that the defendant appear in this court on or before the fortieth day, exclusive of Sundays and legal holidays, after the day of the first publication of this order, to defend this suit and show cause why said condemnation should not be had; otherwise the suit will be proceeded with as in case of default. By the court: — ————. Justice. And every such order shall be published at least once a week for three successive weeks or oftener, or for such further time and in such manner as may be ordered by the court. _ Sec. 447. incrr:RRoeAroR1Es.——In all cases of attachment the plaintiif I“*‘*"°g““’“"S· may exhibit interrogatories in writing in such form as may be allowed by the rules or special order of the court, to be served on any garni- Shee, concerning any property of the defendant in his possession or charge, or any indebtedness of his` to the defendant at the time of the service of the attachment, or between the time of such service and the filing of his answers to said interrogatories; and the garnishee shall file his answers under oath to such interrogatories within ten days after Service of the same upon hi1n. In addition to the answers to written interrogatories required of him, the garnishee may', on motion, be required to appear in court and be examined orally under oath touchin any property or credits of. the defendant in his hands._ _ Sec. 448. ADD1T1oxAL A*rtrAoHMEN*rs.—Upon the application of the m‘Q,§i,‘;}“°““] *‘““°h' plaintiff, his agent, or attorney, other attachments founded on the original affidavits may be issued from time to time, to be directed, executed, and returned in the same manner as the original, and with-