Page:United States Statutes at Large Volume 47 Part 1.djvu/970

 946 12d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . dismissal of the action or by entry and docketing of judgment in the action. At the expiration of three years the lien shall cease and any proceeding or proceedings against the property un der the Proe180. attachment shall be barred : Provided, That upon motion ofa party Motion for extension. t o the action, made not less than five nor more than sixty days before the expiration of said period of three years, the court in which the action is pending may extend the time of said lien for a period not exceeding two years from the date on which the original lien would expire, and the lien shall be extended for the period specified in the order upon the filing, before the expiration of the existing lien, of a certifi ed copy of the or der with the reg istrar o f proper ty. The li en may be extended from time to time in the manner herein prescribed. Attorney to giv e SEC. 227. ATTORNEY TO GIVE WR IT TEN INSTRUCTIONS TO -M ARSH AL written instructions to WHAT TO ATTACH .-Upon receiving information in writing from the marshal what to at- o g tach. plaintiff or his attorney, that any person has in his possession, or under his control, any credits or other personal property belonging to the defendant, or is owing any debt to the defendant, the marshal must serve upon such person a copy of the writ, and a notice that such credits, or other property or debts, as the case may be, are attached in pursuance of such writ. Garnishment, when SEC. 228 . GARNISHME NT, WHEN G ARNISHEE LIABLE TO PLAINTii j,'.- pla intif fhee liable All persons having in their possession, or under their control, any credits or other personal property belonging to the defendant -or owing any debts to the defendant at the time of service upon them of a copy of the writ and notice, as provided in sections 226 and 227, shall be, unless such property be delivered up or transferred, or such debts be paid to the marshal, liable to the plaintiff for the amount of such credits, property, or debts, until the attachment be dis- charged, or any judgment recovered by him be satisfied. Citation to garnishee SEC. 229. CITATION TO GARNISHEE TO APPEAR BEFORE THE COURT OR to appear. JUDGE.-Any person owing debts to the defendant, or having in his possession or under his control, any credits or other personal prop- erty belonging to the defendant, may be required to attend before the court or judge, or in case of the absence or disability of the judge by the clerk of the court, and be examined on oath respecting the same. The defendant may also be required to attend for the pur- pose of diving information respecting his property, and may be examinec 7 on oath. The court or judge may, after such examina- tion, order personal property, capable of manual delivery, to be delivered to the marshal on such terms as may be just, having refer- ence to any liens thereon or claims against the same, and a memo- randum to be given of all other personal property, containing the amou nt an d desc ripti on th ereof. Inventory, how SEC. 230. INVENTORY, HOW MADE ; PARTY REFUSING TO GIVE MEMO- made. RAN DUM MAY BE COMPELLED TO PAY COSTS .-The marshal must make a full inventory of the property attached, and return the same with the writ. To enable him to make such return as to debts and credits attached, he must request, at the time of service, the party owing the debt or having th e credit to give him a m emorandum, stating the amount and description of each ; and if s uch me mor and um be Payment, of costs by refused, he must return the fact of refusal with the writ. The party party re fnsmg to give refusing to give the memorandum may be required to pay the costs memorandum. ~, of any proceeding taken for the purpose of obtaining information resp ectin g the amoun ts an d des cripti on of such debt or cr edit. Perishable property, SEC. 231 . PERISHARI .P. PROPERTY, HOW SOLD ; DIS POSI TION O F PROC EEDS ; how sold ; disposition of proceeds. ACCOUNTS TO BE COLLECTED WITHOUT SUIT.-If any of the property attached be perishable, the marshal must sell the same in the man- ner in which such property is sold on execution. The proceeds, and