Page:United States Statutes at Large Volume 31.djvu/1312

 1260 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. out further publication, against a nonresident or absent defendant, and without additional bond, unless required by the court. S¤m¤i€¤¤F 0* b<>¤d· Sec. 449. Surrrcmivor or BOND.-Ill case the defendant or any other person interested in the proceedin s is not satisfied with the sufficiency of the surety or sureties or wigi the amount of the penalty named in the bond aforesaid, he may apply to the court for an order requirin the plaintiff to give an additional bond in such sum and with suci security as may be approved by the court; and in case of the plaintiif’s failure to comply with any such order the court may order the attachment to be quashed and any property attached or its proceeds to be returned to the defendant or otherwise disposed of, as to the court may seem proper. . d\;}j“°“ *°’ debts “°‘ Sec. 450. Dams Nor DUE.——A creditor may maintain an action and ` have an attachment against his debtor’S property and credits, as aforesaid, where his debt is not yet due and payable, provided the plaintiff, giwpgy em- Of mi- his agent, or attorney shall file in the clerk’s office, at the com1nence- ` ment of the action, an aflidavit, supported by the testimony of one or more witnesses, as to the amount and justice of the claim and the time when it will be payable, and also setting forth that the defendant has removed or is removing or intends to remove a material part of his property from the District with the intent or to the effect of defeating just claims against him should only the ordinary process of law be used to obtain judgment against him, and shall also comply with the condition as to filing a bond prescribed by section four hundred and forty-five aforesaid. The plaintiff in such case shall not have judgment before his claim becomes due; and in case the attachment is quashed the action shall be dismissed, but without prejudice to a future _ action. vgsmvseing **md¤· Sec. 451. Tmivnnsrxo AFFIDAVITS.-··If the defendant in any case ` shall iile aflidavits traversing the affidavits filed by the plaintiff the court shall determine whether the facts set forth in the plaintiffs attidavits as ground for issuing the attachment are true, and whether there was just ground for issuing the attachment; and if, in the opinion of the' court, the proofs do not sustain the aflidavit of the plaintiff, his agent, or attorney the court shall quash the writ of attachment; and this issue may be tried by the court or a judge at chambers after three days notice. The said issue may be tried as well upon oral testimony as upon affidavits, and, if the the court shall deem it expedient, a jury may be impaneled to try the issue. °“"`h*“‘°"‘€d· Sec. 452. ON WHAT Lnv1En.—The attachment lllily be levied on the lands and tenements, whether leasehold or freehold, and personal chattels of the defendant not exempt by law, whether in the defendants or a third person’s possession. and whether said defendant’s title to said property be legal or equitable, and upon his credits in the hands of a third person, whether due and payable or not, and upon his undivided interest in a partnership business. Every attachment shall be a lien on the property attached from the date of its delivery to the marshal, and if different persons obtain attachments against the san1e defendant the priorities of the liens of said attachments shall be according to the dates when they were so delivered to the marshal. H°W1€"i**d°“”‘“ds· Sec. 453. How LEv1En.——The attachment shall be sufficiently levied on the lands and tenements of the defendant by said property being mentioned and described in an indorscment on said attachment, made by the officer to whom it is delivered for service, to the following effect, namely: ° T _ Levied on the following estate of the defendant, A. B, to wit: (Here describe) this, - - - - -day of- - -e .. . C D, Marshal. And.by service of a copy of said attachment, with said indorsement, and the notice required by section four hundred and forty-six aforesaid on the person, if any, in possession of said property.