Page:United States Statutes at Large Volume 31.djvu/1314

 1262 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 854. 1901. be rendered in favor of the laintiil", it shall be a joint judgment against both the defendant ands his surety or sureties in said undertaking for the appraised value of the pro erty. m¥§;‘ $1 ggggjgggg Sec. 456. The attachment shall be levied) on credits of the defendant, em.’ in the hands of a garnishee, by serving the latter with a cop of the writ of attachment a11d of the ll1t€1'1‘O atories accompanying the same, and a notice that any property or cre§its of the defendant in his hands are seized by virtue of the attachment, besides the notice required by section four hundred and forty-six aforesaid; and the undivided interest of the defendant in a partnership business shall be levied on by a similar service on the defendant’s partner or partners. C Ejgngggf g;;`i’;§1dgf Sec. 457. The attachment may be levied upon debts owing by any memexc. person to the defendant upon judgment or decree by a similar service upon such party as in the preceding section directed; but execution 1nay issue for the enforcement of such judgment or decree, notwithstanding the attachment, provided that the money collected u on the same be required to be paid into court to abide the event of fhe pro- _ ceedings in attachment and applied as the court may direct. ` the hands of the marshal or coroner, and shall bind the same from the time of service, and shall be a legal excuse to the officer for not paying or delivering the same, as he would otherwise be bound to do. Sec. 458. SALE or PROPERTY.—Th€ court may make all orders necessary for the preservation of the property attached during the pendency of the suit; and if the property be perishable, or for other reasons a sale of the same shall appear expedient, the court may order that the same be sold and its proceeds paid into court and held subject to its order on the final decision of the case. Receiver- And if it shall seem expedient, the court may appoint a receiver to take possession of the property, who shall give bond for the due erformance of his duties, and, under the direction of the court, sihall have the same powers and perform the same duties as a receiver appointed according to the practice in equity. PMS b>'g¤*¤iSh€°- Sec. 459. PLEAS BY GARNISHEE.—-A garnishee in any attachment may plead any pleaor leas which the defendant might or could plead if he had appeared to the suit. who mwdefend- Sec. 460. WHo MAY DEFEND.—AH5' defendant, any garnishee, any party to a fortheoming undertaking, or the officer who might be adjudged liable to the plaintiff by reason of such undertaking being adjudged insufficient, or any stranger to the suit who may make claim, as hereinafter provided, to the property attached, may plead to the attachment; and such pleas shall be considered as raising an issue without replication, and any issue of fact thereby made may be tried by the court or by a jury impaneled for the purpose, if either partv desires it. . " 0,“Qg{,“g,§;§eg‘“¤S"`€’S Sec. 461. TRAVERSE or Aivswnns or GARNISHEE.—1fH.I1yg&1`HlSl1€B ` I shall answer to interrogatories that he has no property or credits of the defendant, or less than the amount of the plainti1i"s claim, the plaintiff may traverse such answer as to the existence or amount of such property or credits, and the issue thereby made may be tried as provided in the preceding section ; and in all such cases where judgment shall be entered for the garnishee the plaintif shall be adjudged to pay to the garnishee, in addition to the taxed costs, a reasonable counsel fee. And if such issue be found for the plaintiff, judgment shall be rendered as if possession of the property or credits had been confessed by the garnishee. . C*·¤m¤¤¤S· Sec. 462. CLAIMAXTS.—AH}’ person may file his petition in the cause, under oath, at any time before the iinal disposition of the property attached or its proceeds, except where it is real estate, setting forth a claim thereto or an interest in or lien upon the same, acquired before
 * ’;;§,§,§,f,r‘gQ;fh“"dS It may also be levied upon money or property of the defendant in