Page:United States Statutes at Large Volume 47 Part 1.djvu/964

 940 72d CONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 3. The alleged cause of the detention thereof, according to his best kno wledg e, inf ormat ion, and b elief ; 4. That it has not been taken for a tax, assessment, or fine, pur- suant to a statute ; or seized, under an execution or an attachment against the property of the plaintiff ; or, if so seized, that it is by sta tute exempt from such seiz ure ; 5. The actual value of the property. s Requisition to mar- SEC. 203. REQUISITION TO MARSHAL TO TAKE AND DELIVER i ti a PR OP- ERTY.-The plaintiff or his attorney may, thereupon, by an indorse- ment in writing upon the affidavit, require the marshal to take the property fro m the defendant. Security no re port of SEC. 204. SECURITY ON THE PART OF THE PLAINTLO,!+' ; AND PROCEED- order. INGS IN SERVING TriE OR DER .-Upon a receipt of th e affidavit and noti ce, with a writte n undert aking, e xecuted by two o r more s ufficient sureties, approved by the marshal, to the effect that they are bound to the defendant in double the value of the property as stated in the affidavit for the prosecution of the action, for the return of the prop- erty to the defendants, if return thereof be adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff the marshal must forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and reta in it in his cus tody. He mu st, without delay, serve on the defendant a copy of the affidavit, notice, and undertak- ing= by delivering the same to him personally, if he can be found, or to his agent from whose posse ssion the property is ta ken • or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion, or, if neither have any known place of abode, by putting them in the nearest post office, directed to the defendant. Easeptiontosureties ; SEC. 205. EXCEPTION TO SURETIES AND PROCEEDINGS THEREON OR ON proceedings . -FAILURE To EXCEPT.-The defendant may within two days after the servic e of a c opy of t he affid avit and undertak ing, giv e notice to the marshal that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. Wh en the defendant excepts, the sureties must justify on notice in like manner as upon bail on arrest ; and the marshal is responsible for the sufficiency of the sureties until the objection to them is either waived or until they justify. If the defendant except to the sureties, he can not recl aim the p roperty as provi ded in s ection 2 06. cenaens Redeliver d ton do. SEC. 206. DEFENDANT, WHEN ENTITLED TO REDELIVERY.-At any time before the delivery of the property to the plaintiff, the defendant may,. if he do not except to the sureties of the plaintiff, require the return thereof, up on giving to the marshal a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant. If a return of the property be not so required within five days after the taking and service of notice to the defendant, it must be delivered to the plaintiff, except as provided in section 211. reIIaants Jnstiflcs sureties. de. SEC. 207. JUSTIFICATION OF DEF END ANT S suRETIEs.-The defend- ant's sureties, upon notice to the plaintiff of not less than two or more than five days, must justify before the judge or clerk of the cour t in the same manner as upon bail on arrest ; and up on such ustification the marshal must deliver the property to the defendant. The m arsha l is r espon sible for the de fenda nt's sureti es un til t hey 'justify, or until the justification is completed or waived, and may