Page:United States Statutes at Large Volume 47 Part 1.djvu/1012

 988 72d C ONGRESS. SESS. II. CH. 127. FEB RUARY 27, 1933 . taking on the part of the plaintiff, with two or more sufficient sure- ties, - in a sum not less than $50 nor more than $300, to the effect that if the defendant recovers Judgment, the plaintiff will pay all costs that may be awar ded to the defend ant, and a ll da mages which he may su stain by r eason of th e atta chmen t, no t exc eeding the sum specified in the undertaking. At any time after the issuing of the attachment, but not later than five days after the notice of its levy, the defendant may except to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. Ante, p .M When excepted to they must justify in the manner and within the time provided in section 222, otherwise the magistrate must order the writ of attachment vacated. To whom writ df- SEC. 411 . To WH OM WRIT DIRECTED ; WHAT TO REQUIR E. -T he wr it reoted ; requirements. must be directed to the constable and must require him to attach and safely keep all of the property of the defendant 'within his subdi- vision not exemp t from exec ution, or so much thereof as may be sufficient to satisfy the plaintiff's demand against the defendant, the amount of which must be stated in conformity with the complaint, unless the defendant, whose property has been or is about to be attached, give him security by the undertaking of two sufficient sureties, in an amount sufficien t to satisfy suc h demand against such defendant beside s costs ; in which case to take such unde rtaking. In the event that the action is against more than one defendant, any defendant whose property has been or is about to be attached in such action may give the constable such undertaking, and the constable shall take the same, a nd such undertak ing shall not sub ject such defendant to or be answerable for any demand against any other defendant, nor shall the constable thereby be prevented from attach- ing or b e oblige d to rel ease fro m attach ment, any propert y of any Proviso. other defendant : Provided, however, That such defendant, at the time be Sworn statement to ofgiving such undertaking to the constable, shall file with the con- stable a statement duly verified under oath, wherein such defendant shall aver and declare that the other defendant or defendants in the action in w hich said u ndert aking was g iven has or have not any interest or clai m of any nature whatsoev er in or to said property. Such sta tement m ust furt her cont ain the character of such defend- ant's title and the manner in which he acquired title to such attached property. Service out of sub- SERVICE otT OF suBDIvTsION .-A writ may be issued at the same division. time to, the constable of the other subdivision. Provisions applicable SEC. 445. CERTAIN PROVISIONS APPLY TO ALL ATTACHM ENTS IN to all at tac hme nts in magis trates courts. MAGISTRATES' couRTs .-Section 121 an d sec tions 224 to 243, both Ante, pp. 926, 944 . inclusive, of this code are applicable to attachments issued in magis- trates' courts, the word "constable" being substituted for the word " marshal," and the word " magi strate " being substituted for the word " judge ." Claim and delivery of personal property. How enforced. Ante, p. 939. CL AIM AND DE LIVERY OF PERSONAL PROPERTY SEC. 44 6. How C LAIM AND DELIVERY ENFORCED .-In an action to recover possession of personal property, the plaintiff may, at the time of issuing summons or at any time thereafter before answer, claim the delivery of such property to him ; and the sections of this code from section 202 to section 213, bath inclusive, are applicable to such claim when made in magistrates' courts, the powers therein given and duties imposed on the marshal being ex tended to constab les, and the word "magistrate" substituted for " judge."