Page:United States Statutes at Large Volume 47 Part 1.djvu/971

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 947 other property attached by h im, m ust be retained by him to answer any judgment that may be recovered in the action, unless sooner subjected to execution upon another judgment recovered previous to the issu ing of the atta chmen t. De bts and cr edits atta ched may be Collection of accounts. collected by him, if the same can be do ne without suit. The marshal's receipt is a sufficient discharge for the amount paid. SEC. 232. PROPERTY ATT AC HED MAY BE SOLD AS UNDER EXECUTION, IF Sale of attached prop- THE INTERESTS OF THE PA RTIES REQU IRE .-W henev er pr opert y has been arty. taken by an off icer under a wr it of atta chmen t, and it is ma de to appear satisfactorily to the court or the judge thereof that the inter est of the part ies to the acti on wi ll be subs erved by a sale thereo f, the cou rt or judg e may orde r suc h pro perty to be sol d in the sa me manner as property is sold under an execution, and the pr o- ceeds to be deposited in the court to abide the judgment in the action. Su ch or der can be ma de on ly up on notice to the adv er se par ty or his attorney, in ca se su ch pa rty has be en pe rso na lly served wi th a summons in the action. SEC. 233. WHEN PROPERTY CLAIMED B Y A THIRD PARTY, HOW TRIED .- Claims of third par- If any per sonal prop erty attac hed be cla imed by a third pers on ty, how tried. as his property, the sa me ru les shall pre va il as to the contents and making of sa id claim, and as to the handing of said property, as in pugs, p. 970. case of a claim after levy upon execution, as provided for in section 357. SEC. 234. IF PLAINTIFF OBTAINS JUDGMENT, HOW SATISFIED.-If judg- mSatisfaction of judg- me nt be recovered by the plaintiff, the marshal must satisfy the same out of the property attached by him which has not been de- liver ed to the defen dant, or a clai mant as he reinb efore prov ided, or subjected to execution on another judgment recovered previous to the issuing of the attachment, if it be sufficient for that purpose 1. By paymg to the plaintiff the proceeds of all sales of perish- able property sold by him, or of any debts or credits collected by him, or so much as s hall be ne cessa ry to sati sfy the judgment ; 2. If any balance remain due, and an execution shall have been issued on the judgment, he must sell under the execution so mu ch of the pro perty , rea l or perso nal, as may be neces sary to sa tisfy the bal an ce, if enough for th at pu rpo se remain in his hands. Notices of the sal es mu st be give n, and the sale s con ducte d as in ot her c ases of sa les on exe cutio n. SEC. 235. WHEN THERE REM AI NS A RAL .ANCE DUE, HOW COLLECTED .- d Collection of balance If, after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any d ebts or cr edits coll ected by h im, d educt ing his fe es, to the payment of the judgment, any balance shall remain due, the mar- shal must proceed to collect such balance, as upon an execution in other cases. Whenever the judgment shall ha ve be en paid, the ma r- sha l, up on reasonable demand, mus t del iv er ov er + , the defendant the a ttach ed pr opert y rem ainin g in his h ands, and any p rocee ds of the pro perty atta ched unapp lied on the jud gment. SEC. 236. WHEN SUI TS MAY BE COMMENCED ON TIME UNDERTAKING .-- When suits may be commenced on the un- If the execution be returned, unsatisfied, in whole or in part, the dertakingg plai ntiff may prose cute any u ndert aking give n pur suant to s ectio n Ante, p. 944. 223 or section 239, or he may proceed, as in other cases, upon the post ' p- return of an execution . SEC. 237. IF DEFENDANT RECOVERS JUDGMENT, WHAT THE MARSHAL IS If defendant recovers judgment, what mar. To DELIvER.-If the d efend ant r ecove rs ju dgmen t aga inst the p lain- shal to deliver. ti ff and no appeal is perfected and undertaking executed, any under- taking received in the action, all the proceeds of sales and money coll ected by the ma rshal , and all the p roper ty at tache d rem ainin g in the ma rshal 's ha nds, must be de liver ed to the defen dant or his