Page:United States Statutes at Large Volume 31.djvu/1315

 F IFTY—SIXTH CONGRESS. Sess. Il. Ch. 854. 1901. 1263 the‘levy of the attachment; and the court, without other pleading, shall inquire into the claim, and, if either party shall re uest it, impanel a jury for the purpose, who shall be sworn to try the question involved as an issue between the claimant as plaintiff, and the parties to the suit as defendants, and the court may make all such orders as may be necessary to yrotect any rights of the petitioner. Sec. 463. J UnoMnxTs.——If fhe defendant in the action has been Judgmentsserved with process, final judgment shall not be rendered against the garnishee until the action against the defendant is determined. If in such action judgment is rendered for the defendant, the garnishee shall be discharged and shall recover his costs, and the property attached or its proceeds shall be restored to the garnishee or to the defendant, as the case may require. . Sec. 464. If in such action judgment is rendered in favor of the m};§°{§jFQ§;,§;;‘f,t°Qg plaintiff against the defendant, and it shall appear that the plaintiff is condemnation. entitled to a judgment of condemnation of the property attached, the court shall proceed to enter such judgment in the attachment as in the followingipections directed. 1 Sec. 465. the action be to replevy specific ersona ro erty and ;“°¥i°“ ‘§ I°Pl°"$ the same has not been replevied, other propertiy may bd) atifached in eifsiiiggcimioualprop said action to recover damages and costs, and if the same be adjudged, the proceedings shall be the same as herein provided in other cases of money claims. · _ Sec. 466. lf, in any form of action, specific property has been ‘g§}§’,.f§§§§§§§,¥;§’gf, attached and remains under the control of court, jud ment of condem- gjld redddjnsf under nation of the same shall be entered, and so much tgiereof as may be edi con m 0 °°m’ necessary to satisfy the demand of the plaintiif shall be sold under fieri facias; or if the said roperty shall have been sold under interlocutory order of the court, the proceeds, or so much thereof as may be necessary, shall be applied to the plaintiif’s claim by order of the court. If the property attached be an undivided interest in a partnership g§Q§°bl;’°§§"{{n§§j business, judgment of condemnation thereof shall be entered and the vided iflatersst in d same shall be sold in the same manner as last aforesaid. pmum lp busmm Sec. 467. If a garnishee shall have admitted credits in his hands, in Qidégitégd drfrdjtli id answer to interrogatories served upon him, or the same shall have em. ga S 6% been found upon an issue made as aforesaid, judgment shall be entered s ~ against him for the amount of credits admitted or found as aforesaid, not exceeding the plaintiff’s claim, less a reasonable attoi·ney’s fee to be fixed by the court, and costs, and execution had thereon; but if said credits shall not be immediately due and Jayable, execution shall he stayed until the same shall become due; and if the garnishee shall have failed to answer the interrogatories served on him, or to appear and show cause why a judgment of condemnation should not be entered, judgment shall be entered against him for the whole amount of the plaintiff’s claim, and costs, and execution had thereon. _ _ Sec. 468. If the property attached has been delivered to or retained €[§i°f,°j¥t§ar?i§1§H€egj by a garnishee, upon his executing an undertaking as provided in sec- {;§§’gfI§_§ gg; °X€°d· tion four hundred and fifty-four, judgment of condemnation of said` property shall be rendered, as provided in section four hundred and sixty-six, and judgment shall also be entered that the plaintiff recover from the garnishee and his surety or sureties the value of said property, not exceeding the plaintiif’s claim, said judgment to be entered satisfied if said property be fortheoming and delivered to the marshal, undiminished in value, within ten days after said judgment; otherwise, execution thereof to be had against said garnishee and his surety or sureties; and if said property shall be so delivered to the marshal the same shall be sold by him under iieri facias to satisfy said judgment of condemnation. . Sec. 469. JUDGMENT TO raornor GARNISHEE.—AH}' judgment of ga"l§§?5{€§ftt°pr"t°°t condemnation against a garnishee, and execution thereon. or payment