Page:United States Statutes at Large Volume 31.djvu/1412

 1360 FIFTY-SIXTH CONGRESS. Sess. II. I Ch. 854. 1901. mffgt nygwe 1g`${ggP· SEc. 1088. ON WHAT ATTACHMENT MAY BE LEVIED.—··AD attachment Imay be levied upon the judgment debtor’s credits due him from third persons and upon his interest in letters patent for inventions issued by the United `tates. ¥¤*°"°€¤'»°¤'i€¤· Sec. 1089. INTERRoGAToR1Es.—In all cases of attachment the plaintiif giayhgxhibjt interrogatgriesgn wrgtpig, in suph tforén as maj; be allowed y e ru es or spec1a or er 0 e cour o e serve upon any garnishee concerning any property of the defendant in his possession or charge or any indebtedness of is to the defendant at the time of the service of the attachment or between the time of such service and the Bling of his answers to said interrogatories; and the garnishee shall file his answers, under oath, to such interrolgatories within ten days after service of the same upon him. In ad ition 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, touching any pfoperty or credits of the defendant in his hands. leggg ¤“¤°hm°¤*S Sec. 1090. ow ATTACHMENTS LEVIED.—Tl1B attachment shall be ` levied uglon creditsof the defendant in the hands of a garnishee by serving im with a copy of the writ of attachment and of the interrogatories accompanying the same, and a notice that anyu property or credits of the defencllant in (jus hands are seized by virtue of the attachment. It may e levie upon debts dueto the defendant upon afliy judgment or decree by a similar service upon the debtor owing t e same. M}‘{§ggg’r_l¤ hands 0* Sec. 1091. MONEY IN HANDS or AN OFFICER.—ThB said attachment may be levied upon money or prolperty of the defendant in the hands of the marshal or coroner and s all 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. €,§‘§f§§,‘§Y1°d °“ Pat' SEO- 1092- How LEVIED ON PATENT RIGHTS.—ThB said attachment . may be levied upon png patent righiilofcthe defendant the marshal by leaving a copy 0 the writ wit the ommissioner 0 atents with ‘ a notice that he has seized said patent rights, and for what pufpose, and he shall return a copy of said notice with the writ. The said notice sohall thereupon be recorded in the record of assignments in the Patent ftice. m§;gjt;;gg;gf’“ °‘ Sec. 1093. PRESERVATION or PROPERTY sE1zED.——The court may make all orders necessary for the preservation of the property attached, and if the same be perishable, or for other reasons a sale of the same shall be expedient, maydorder that the same be sold and the proceeds paid into court and hel subject to its order. mgliijggg *0 the 8** Sec. 1094. PLEADING T0 THE ATTACHMENT.—·AHy garnishee or . ‘stranger to the suit who may make claim to the property attached as hereinafter provided, may plead to the attachment, and such plea shall bp pontsiéilprei as ragsing arg istsiiedvvéthept repliipatioij; and_any issue o ac ere y ma e may e rie e cour or y a jury im aneled for the purpose, if either party desire it. m';`,je**é§;,‘;‘,_{1§s$,§S_ 8*** §EC. 1095. TRAVERSING GARNISHEE’S ANswEEs.——If any garnishee shall answer to interrogatories that he fha; nol property or credits of the defendant or less than the amount 0 the »p aint1ff’s judgment 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 last aforesaid section; and in such case, where judgment is rendered for the garnishee, the plaintiff shall be adjudged to pay to the (garnishee, in addition to. his taxed costs, a reasonable counsel fee; an 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 garnisheé. soflgaimsbytlmd PEP Sec. 1096. CLAIMS BY THIRD rEEs0Ns.—Any person may file his ' petition in the cause, under oath, at any time before the iinal dispo-