Page:United States Statutes at Large Volume 31.djvu/406

 354 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. unless the degerédanttlgivp gecuri-ty to pay such judgment, as in this ch ter provide in e 0 V owing cases: First. In an action upon a contract, express or implied, for the direct payment of money, and which is. not secured by molretgage, lien, or pledge upon real or personal property, or, if so secu, when such security as been rendered nugatory by the act of the defendant, d Secgnd. In an acetion uppln 3 contract, express or 1mpl1ed, agamst a efen ant not resi in in the istrict. 5 Wrgg cfagwgdmggg Sec. 136. A writ 0% attachment shall be issued .by the clerk of the in is be a shall make an file an a vit s owing- First. That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness over and above all egal set-o s or counter-. claims) upon a contract, expressed or implied, for the direct payment of money, and that the payment of the same has not been secured by ang mortgage, lien, or pledge upon real or personal property; and econd. at the sum for which the attachment is asked is an actual, bona fide, existing] debt, due and owing from the defendant to the plaintiff, and that the attachment is not sought nor the action prosecuted to hinder, delay, or defraud any creditor of the defendant. E13 gte; ft? lg; ¤g,g({ Sec. 133 Upon figng the aflidaévit with the clerk, the plllaintlifflshgl erinelwm issues. be entitle to ave the writ issue as soon thereafter as e shall e with the clerk his undertaking with one or more sureties in a sum not less than one hundred dollars, iand equal to the amount for which the plaintiff demands judgment, and to the effect that the plaintiE will pay all costs that_may be adjudged to the defendant, and all damages that he may sustain by reason o the attachment 1f the same be wrongful or without sufficient cause, not exceeding the sum speciied in the undertaking. With the undertaki1§ the plaintiff shall also file the affidavits of the suretiles, fron;) which a davits lit mu? appear that keugh suretiles are qualifie, and t at, taken to et er they are wort ouble the amount of the sum specified in the undertaking, overall debts and liabilities and property exempt from execution._ No person not qualified to become bai uponhan arrest is qualified to become surety in an undertaking for an attac ment. f wm, to whom di- Sec. 138. The writ shall be directed to the marshal, and shall require §§§§‘{‘};§,§‘;,_wh”‘t It him to attach and safely keep all the prgopertegy of `such bdefergiiant not exempt from execution or so muc thereo. as ma e su cient to satisfy the plaintiff’s demand, the amount of which sliall. be stated in conformity with the complaint, together with costs and expenses. Several writs may be issued at the same time for delivery to different de uty marshals. _ when property may Sec. 139. The rights or shares which such defendant may have in "° *‘““°h"d‘ the stock of any associafgon pr cprporation, togethler vgith the interesit and profits thereon an al other pro erty in t‘ e istrict of suc defendant not exempt from execution, shall be liable to be attached. The marshal shall note upon the writ the date of its delivery to him, and shall make a full inventory of the property attached, and return the same with the writ. wnahew executed. Sec. 140. The marshal or deputy marshal tq whom the writ is delivered shall execute the same without delay as ollows: _ First. Real roperty shall be_ attached by leaving with the occupant thereof, or if giere be ng occupant, in alconspicuous place thereon, a co y of the writ certifie by the marsha. Second. Personal property capable of manual delivery to the marshal, and not in the possession of a third person, shall be attached by taking it into his custody. Third. Other personal property shall be attached by leaving a certitied copy of the writ, and a notice specifying theproperty attached, with the person having possession of the same, or 1f it be a debt, then with the debtor, or if it be rights or shares in the stock of an associa-
 * 3LYh3?Zei.seee’ coqlrt in Iwleiich the action islpcndinggigvélgleneveir the plaintiff or anyone