Page:United States Statutes at Large Volume 47 Part 1.djvu/968

 944 72d CONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . Undertaking on. SEC . 222 . UNDERTAKING ON ATTACHMENT ; EXCEPTIONS TO SURETIES, Before is suing the writ, th e clerk m ust requi re a writ ten under taking on the part of the plaintiff, in the sum not less than $200 and not exceeding the amount claimed by the plaintiff, with sufficient sureti to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, and that if ?he attach- ment is discharged on the ground that the plaintiff was not entitled thereto under section 220, the plaintiff will pay all damages which the def endant may h ave su staine d by r eason o f the attach ment, not ti Exceptions to sure- exceeding the sum specified in the undertaking. At any time - after the issuing of the attachment, but not later than five days after actual notice of the levy thereof, the defendant may except to the sufficiency of the sureties. If he falls to do so he is deemed to have waived all objections to them. When excepted to, the plain sureti es, upon notice to the defendant of not less than two or more than five days, must justify before the judge or clerk of the court in the same man- ner as upon bail on arrest ; and upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the judge or clerk must issue an order vacating the writ of attachment. Writ, to whom di- SEC. 223. WRIT, TO WHOM DIRECTED AND WHAT TO STATE.-The writ rected must be directed to the marshal, and must require him to attach and safely keep all the property of such defendant within the Canal Zone not exemp t from ex ecution, or so muc h thereof as may b e suffici ent to satisfy the plaintiff's demand against such defendant, the amount of which must be stated in conformity with the complaint, unless such defendant give him security by the undertaking of at least two suf- ficient sureties in an amount sufficient to satisfy such demand against such defendant, besides costs or in an amount equal to the value of the property of such defendant which has been or is about to be attached ; in which case to take such undertaking. It more than one de- IF MORE THAN ONE DEFENDANT.In the event that the action is fetdant. against more than one defendant, any defendant whose property has been or is about to be a ttached. in such action may give the marshal such undertaking, and the marshal shall take the 'same, and such undertaking shall not subject such defendant to or be answerable for any demand against any other defendant, nor shall the marshal thereby be prevented from attaching or be obliged to release from attachment, any property of any other defendant : Provisos. Provided however, That such defendant, at the time of giving such be Sled, statement to undertaking to the marshal, shall file with the marshal a state- ment, duly verified under oath wherein such defendant shall aver and declare that the other defendant or defendants in the action Interest in property in which said undertaking was given has or have not any interest or claim of any nature whatsoever in or to said property. Such statement must further contain the character of such defendant's title and the manner in which he acquired title to such attached Judicial approval. property : Provided further, That before said attachment shall be released, the undertaking required by this section must be approved by the judge or, in the absence or disability of the judge, by the clerk of the court. Sharon of stock, etc ., SEC. 224. SHARES OF STOCK AND DEBTS DUE D EFE NDAN T, HOW attachment of. ATTACHED AND DISPOSED of-The rights or shares which the defendant may have in the stock -of any corporation or company, together with the interest and profit thereon, and all debts due such defendant, and all other property in the Canal Zone of such defend-
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