Page:United States Statutes at Large Volume 47 Part 1.djvu/963

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 939 marshal must give the defendant a certificate of the deposit made, and the de fenda nt mu st be disc harge d fro m cus tody. SEC. 194. PAYMENT OF MONEY INTO COURT BY MARSHAL .--The mar- Payment of money shal must, immediately after the deposit, pay the same into court, into court by marshal . and take from the clerk receiving the same two certificates of such payment, the one of which he shall deliver to the plaintiff's attor- ney , and the ot her to the defendant. For any default in making such payment, the same proceedings may be had on the official bond of the marshal, to collect the sum deposited, as in other cases of delinquency. SEC. 195. SUBST ITUTI NG BA IL FOR DEPosrr.-If money is deposited, de Pbst itut ing b ail for as provided in sections 193 and 194, bail may be given and may justify upon notic e, at any time befor e jud gment ; and on the f iling of the under takin g and just ifica tion with the c lerk, the money depo sited must be refunded to the defendant. SEC. 196. MONEY DEP OS ITE D, HOW APPLIED OR DISPOSED or .-Where Money deposited, mon ey has been deposited, if it remain on deposit at the t ime of the uudreDl' of, after recov ery of a j udgme nt in favo r of the p laint iff, the c lerk must, under the direction of the court, apply the same in satisfaction the reo f and after satisfying the judgment, refund the surplus, if any, to the defe ndant. If the jud gm ent is in fav or of the de fen da nt, the clerk must, un der l ike direction of the court, refund to him the whole sum deposited and remaining unapplied. SEC. 197. MARSHAL, WHEN LIABLE AS BAIL, AND HIS DISCHARGE FROM Marshal, when liable as bail ; discharge from LIABILITY.-If, a fter being arre sted, the defen dant escap e or is liability rescued, the marshal is liable as bail ; but he may di schar ge hi mself from such liability by the giving of bail at any time before judgment. SEC. 198. PROCE EDING S ON JUDGM ENT A GAINS T MAR SHAL .-If a judg- Proceedings on judg- ment agai nst m arsh al. ment is rec overe d aga inst the m arsha l upo n his liab ility as b ail, and an exe cutio n the reon is re turne d uns atisf ied in who le or in p art, the same proceedings may be had on his official bond, for the recovery of the whol e or any d efici ency, as in oth er ca ses of del inque ncy. SEC. 199 . MOTION TO VACATE ORDER OF ARREST OR REDUCE BAIL ; ord er red uce ArriDAVITS ON MOTION .-A defendant arrested may, at any time before bail ; affidavits on mo- the tr ial of the acti on, or if there be no tri al, b efore the entry of lien. judgment, app ly to the co urt or judge, u pon reasonable not ic e, to vacate the order of arrest or to reduce the amount-of bail. If the application be mad e upo n aff id avi ts on the pa rt of the def en dan t, but not oth erwis e, the pla intif f may oppo se the sam e by affid avits or other proofs, in addition to those on which the order of arrest was made. SEC. 200. WHEN LM-P, ORDER VACATED OR BAIL REDUCED .-If, Upon When order vacated suc h application, it ap pea rs th at there was not suf fi cie nt cause for or bail reduced. the arrest, the order must be vacated ; or if it appears that the bail was fixed too high, the amount must be reduced. CLAIM AND DELIVERY OF PERSONAL PROPERTY Claim and delivery of pers onal prop erty. SEC. 201. DELIVERY OF PERSONAL PROPERTY, WHEN IT MAY BE ela Wheen CLAIMED.-The plaintiff in an action to recover the possession of personal property may, at the ti me of issuing the summons, or at any time before answer, claim the delivery of such property to him as provided in th is subchapter. SEC. 202. AFFIDAVIT AND ITS REQUISITES .-Where -a, delivery is daviti claimed, an affidavit must be made by the plaintiff, or by some one in his behalf, showing : 1. That the plaintiff is the owner of the property, claimed (par- ticularly describing it), or is entitled to the possession thereof ; 2. That the property is wrongfully detained by the defendant ; may be