Page:United States Statutes at Large Volume 31.djvu/408

 306 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. D‘i,f°§§ §f,, ““°’§ Sec. 146. If an action be brou ht u on such undertakin a ainst iii); h demk the principal or his sureties, it shai be al) defense that the pro%>er%y for which the undertaking was given did not, at the execution of the writ _ of attachment, belong to the defendant against whom it was issued. 8,};, {,‘;,df;}§§,§§Ef‘§‘,Q‘g,§lj Sec. 147. If judgment be recovered by the plaintiff, and it shall ghgjntogpggtpggveggr appear that the property has been attached in t .e action and has not iifimmer m be deliv- been sold as perishable property or discharged from the attachment as °’°d ‘° d"f°“d““‘· provided by law, the court shall order and adjudge the property to be sold to satisfy the plaintiffs demands, and if execution issue thereon, the marshal shall apply the property attached by him, or the proceeds thereof, upon the execution, and if there be any such roperty or proacids rerplaining afterhsatjs§yi1ég such execution, he shall, upon demand, e iver the same to the e en ant. c0§el‘gf,’g'g‘§“,f,,{§‘Qf,§§‘ Sec. 148. If judgment be not recovered by the plaintiif, all the propgrg go ge Ee; property attached, or the proceeds thereof, or the undertaking thereme ° ° °° °m' pir, shall blgirgturned iéo ghe dxgendlanthupon his Serving upon the mars al a cerf e . copy o the or er isc ar in the attachment. ,,§g‘;§‘f§’§e‘l°§,“;§§ Sec. 149. Whenever the defendant shag ligve appeared in the action return vfwheproperw- he may apply upon notice to the plaintiff to the court or judge where the action is pending, or to the clerk of such court, for an order to discharge the attachment upon the execution of the undertaking mentioned in the next section; and if the application be allowed, all the proceeds of sales of property remaining in his hands shall be released rom the attachment an delivered to the defendant upon his serving _ a certified co of the order on the marshal. d§§f({§.ff,‘;k{,';,§,,{’{,,§f,‘,§ Sec. 150. lillpon such application the defendant shall deliver to the order- court or judge to whom the application is made an undertaking executed by one or more sureties, to the effect that the sureties will pay to the p aintiif the amount of the jud ment that may be recovered against o the defendant in the action, 1% the plaintiff demand it, the sureties shall be required to justify in the same manner as bail upon an arrest. anxvlgg jxgyedtgegig Sec. 151. The defendant may, at any time before judgment, except enargl; the amen- where the cause of attachment and the cause of action are the same, ”‘€“°· · apply to the court or judge thereof where the action is pending, to d1scharge the attachment, in the manner and with the effect as rovided in sections one hundred and twenty-one and one hundred amf) twenty- two for the discharge of a defendant from arrest. tulrfégn “"“°°b°"* Sec. 152. When the writ of attachment shall be fully executed or ` discharged, the marshal shall return the same, with his proceedings indorsed tgiereon, to the clerk of the court where the action was commence. — ' ga§1§g,§€g'§_,$,5,¤P$;{ Sec. 153. The order provided for in section one hundred and forty- quire. two shall require such person or officer to ap ear before such court or judge at a time and place therein stated. iii the proceedings thereafter upon sucth order sluch person or association or corporation shall be known as the arnis ee. s_,,lQ;§"‘§,,*{l,‘§,‘(Q'g,‘f,(,’§’.,"j,§ Sec. 154, Afteigthe allowance of the order and before such garnishee <>¤ gsmisbse- or officer thereof shall be thereby required to appear, or within a time to be specified in the orde1·, the plaintiff may serve upon such garnishee or officer thereof written alle ations and interrogatories touching any of the property liable to attagiment as the proplerty of the defendant, as provided in subdivision three of section one undred and forty, and to which such garnishee or officer thereof is required to give a certificate as provided in section one hundred and forty-three. n,Q,$g"°' °‘ °h° ga" Sec. 155. On the day when the garnishee or officer thereof shall be ` required to appear before the court or judge thereof, he shall return the allegations and interrogatories of the plaintiff to the court or judge, with`his written answer thereto, unless for good cause shown a further time be allowed. Such answer shall be on oath, and shall contain a full and direct response to all the allegations and interrogatories.