Page:United States Statutes at Large Volume 31.djvu/404

 352 FIFTY-SIXTH CONGRESS. Sess. 1. Ch. 786. 1900. fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff; or, if so seized, that it is by statute exempt from such seizure; and _ Fifth. The actual value of the property. ,,,,If‘,‘§§$‘§.,*‘,§§“tj,,§*,§$§$Z 2 Sec. 125. The plaintiff may thereupon, by an indorsement in writing ¤¤¤¤¤ wks 1>¤>P¤¤>’· upon the affidavit, require the marshal to take the property from the . defendant and deliver it to the laintiif. ` s,g;‘dg;”§jg8,§g,’{*“g; Sec. 126. Uponethe receipt of) the affidavit and indorsement thereon, pmucirf. with a written undertaking executed by two ormore sufficient sureties alpproved by the marshal, to. the effect that they are bound in double t e value of the property as stated in the affidavit for the prosecution of the action for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may for any cause be recovered against the plaintiff, the marshal shall forthwith take the pro erty described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody. He shall also, without delay, serve on the defendant a copy of the affidavit, indorsement thereon, and undertakin, by delivering the same to him personally, if he can be found, or toiis agent from whose possession the property is taken; or, if neither can be found, by leaving them at , the usual place of abode of either with some erson of suitable age and discretion; or, if neither have any known pl)aceof abode, by putting the;11 in the post—ofi;ice directed to the defendant at the post—oflice nearest to im. . .Ex°° “°“*°°€°‘“gj Sec. 127. The defendant may, within three days after the service of i;€£ii§ii5¤Ii(i€·¢i]¤iZpr a copy of the affidavit and undertaking, give notice to the marshal that he excepts to the sufficiency of the sureties. If he fail to do so, he shall be deemed to have waived all objection to them. lVhen the defendant excepts, the sureties shall justify on notice in like manne1· as upon bail on arrest. And the marshal shall be responsible for the sufhciency of the sureties until the objection to them is either waived, `as above provided, or until they shall justify or new sureties shall be substituted and justified. If the defendant except to the sureties, he can not reclaim the property, as provided in the next Section. mI}{’a‘§,§;‘,;*u;§;‘(§‘{0‘}§j Sec. 128. At ang time before the delivery of the property to the delivery. plaintiff the defen ant may, if he do not except to the sureties of the plaintiff, require the return thereof upon giving to the marshal a written undertaking, executed by two or more sufficient sureties, to be approved by the marshal, to the effect that they are bound in double the value of the property as stated in the aihdavit of the plaintiff', for the delivery thereof to the laintiif, if such delivery be adjudged, and for the pay- ment to him ofp such sum as may, for any cause, be recovered against the defendant. If a return of the property be not so required within three days after the taking and service of a copy of the affidavit and undertakincg of a defendant, it shall be delivered to the plaintiff, except as §>rovide in section one hundred and thirty-two. t,·m¤§¤ggE,g§;*I§$g EG. 129. The defendant’s sureties, upon a notice to the plaintiff or umiemkmg. his attorney of not less than two nor more than six days, shall justify . before a judge of the district court or commissioner, or the clerk of the court in which the action is pending, in the same manner as upon bail on arrest. Upon such justification the marshal shall deliver the property to the defendant. The marshal shall be responsible for the defendant’s sureties until they justify, or until justification is completed or expressly waived, and may retain the property until that time; but if they or others in their lace fail to justify at the time and place appointed, he shall deliver the property to the plaintiff. ,u‘é¥,;‘,§g,*l§(§,§i°f,‘, glfgg Sec. 130. Qualification of sureties and their justification shall be as nies.prescribed by sections one hundred and nine and one hundred and ten in respect to bail upon an order of arrest.