Page:United States Statutes at Large Volume 31.djvu/403

 FIFTY—SIXTH CONGRESS. Sess. I. Ch. 786. I900. 351 Sec. 117. If a `ud me tbe recovered a ainst the marshal u on his J“dgm°”‘ .”$°l¤“ liability as bail, ai1d%n egiecution thereongbe returned unsatislfied, in mmm usbm whole or in part, the same Yproceedings ma r be had on his official bond for theirecovery of the w ole- or any deifciency as in other cases of delinquency. . Sec. 118. The bail taken upon arrest shall, unless they justify, or Whse ball ll¤l>l·=¢·> other bail be given or justified, be liable to the marshal by action fO1' mm a' any damages which he may sustain by reason of such omission. SEC, 119. The fees which shall be allowed to the marshal for the thl’l·}dl¤€ll? liable lu food and maintenance of any defendant arrested under the rovisions mg ilsaiiligiiaiggofgi of this chapter shall be as provided by law, and the laintig shall be d°‘°“d*“"· ` liable in the first instance for such fees, and if required) by the marshal, shall pay the same weekly in advance; and such fees so paid shall be added to the disbursements taxed or accruing in the case, and be collected as othpr <§sbursem§ntls. H h Sec. 120. f the lainti 'S a ne lect to a such fees for t ree da s .Wll*=¤ mml¤¤l ¤¤¤Y after a demand of gayment the magshal mgyydischarge the defendafit fdi-jhggiiogzgfgddagi out of custody. . m"“‘°°““"°"· Sec. 121. A defendant arrested may, at any time before judgment, `vfiltsgioélmgg vacate apply on motion to the court or judge thereof in which the action is ` pending, upon notice to the plaintiff, to vacate the writ of arrest. ‘* Sec. 122. If a motion be made upon affidavits or other proofs on the P¤¤·=¢€dl¤S¤l¤¢r¤¤¤- part of the defendant, but not otherwise, the plaintiff may oppose the same by aihdavits or other roofs in addition to those upon w ich the writ was issued. If upon the hearing of such motion it shall satisfactorily appear that there was not sufficient cause to allow the writ, or that there is other good cause which would entitle him to be discharged on habeas corpus the same shall be vacated, or in case he has given bail _ _ the court may discharge the same or reduce the amount thereof on good cause shown. CHAPTER THIRTEEE. OF THE RECOVERY OF PERSONAL PROPERTY. Sec. Sec. 123. \Vhen delivery may be claimed in * 129. Justification of sureties on defendan action for the possession of per- ant’s undertaking. sonal property. 130. Qualification and justification of 124. Aflidavittherefor,whatitmustshow. sureties. 125. Indorsement thereon, requiring the 131. Power of marshal when property marshal to take property. concealed in building or inclosure. 126. Undertakigg to marshal on the part 132. Property, how kept and when deof p1a1nt1. livered to plamtiff. 127. Exception to securities by defend- 133. Proceedings when property claimed ant, proceedings thereon. I by third person. 128. How and when defendant entitled 134. Return of affidavit by marshal. to redelivery. Sec. 123. In an action to recover possession of personal property the bellglggnllagiifgjxmlggj plaintiff, at any time after the action is commenced, and before judg- tion forthe possession ment, may claim the immediate delivery of such property, as provided °f p°”°“"l P'°p°""‘ in this chapter. ‘ Sec. 124. When a delivery is claimed an aflidavit shall be made by w§£l§g;j{lSt;l;l*g‘$‘°¤ the plaintiff, or by some one in his behalf, showing- ` First. That the plaintiff is the owner of the property claimed (particularly describing it), or is lawfully entitled to the possession thereof by virtue of a s ecial property therein, the facts in respect to which Shall be set fortllf;· Second. That the property is wrongfully detained by the defendant; Third. The alleged cause of the detention thereof, according to his best knowledge, information, and belief;‘ Fourth. That the same has not been taken for a tax assessment or