Page:United States Statutes at Large Volume 47 Part 1.djvu/992

 968 72d CO NGRESS. SESS. II. CU. 127 . FEBRUARY 27, 1933 . under the provisions of this act the same objection to the sureties may be made and the same proceedings had as in case of the first undertaking filed and served. Ob)edio 1 becausees- SEc. 345 . OBJECTION BECAUSE ESTIMATED VALUE IN U NDER TAK ING timsted value in under- taki ngles sthan marke t LES S THA N MARKET VALUE ; NEW UNDERTAKING.---When objection is value ; new undertak- in g. made to the undertaking upon the ground that the estimated value of the property, as stated in the undertaking, is less than the mar- ket value of the property, the transferee or grantee, or the suc- cessor or assigns of such transferee or grantee giving the under- taking may accept the estimated value stated by the plaintiff in said objection, and a new undertaking may at once be filed, wi th the plaintiff's estimate stated therein as the estimated value, and no objection shall thereafter be made upon that ground ; if the plaintiff's estimate of the market value is not accepted, the transferee or grantee, or the successor or assigns of the grantee or transferee giving such undertaking, upon ten days' notice to the plaintiff, shall move the court in which the action is pending to estimate the market value of the property, and up on the hearing of such motion, witnesses may be required to attend and testify and evidence may be produced in the same manner as in the trial of civil actions. Up on the h earing o f the mo tion the court s hall est imate th e market value of the property, and if the estimated value of the property as made by the court exceeds the estimated value as stated in the undertaking, a new undertaking shall be filed and served with the market value determined by the stated - value therein as the estimated value of the property. Justification of sure- SEC. 346. JUSTiXICATION of SURE TIES. T he suret ies shal l justif y ties. ost, p. 1002. upon the undertaking as required by section 533. When undertaking ,SEC, 347. WHEN UNDERTAKING BECOMES "EFFEcrivii.-The undertak - effective . ing shall become effective for the purpose stated in section 340, ten days after service o f copy thereof o n the plaintiff, unless objec- tion to such undertaking is made as provided in sections 343 or 345, and in case objection is so made to the undertaking filed and served, the same shall become effective for such purpose when an order is made by suc h court approvin g the sureties, when the surety or sureties are objected to, or affirming the estimate of the value of property when objection is made thereto, or in case any objection to the under- taking is sustained by the court when a new undertaking is filed and served as required by sections 344 or 345, to which no objection is made, or if made is not sus tained by the co urt . Judgment against SEC. 348 . JUDGMENT AGAINST smmiETnis .--If judgment be rendered surcti5Ss in sai d action that th e allege d transf er or co nveyance was mad e to hinder, delay, or defraud creditors, then judgment shall be rendered in such action without further proceeding in favor of plaintiff and agains t the pr incipal and sure ties on said und ertaking for the sum for which said undertaking was executed according to the, conditions ther eof. EXECUTION OF CHAPTER 12. EXECUTION OF JU DGMENT IN CIVIL JUD GME NT IN CIVIL ACTIONS. ACTIO NS Time execution may issue. EXECUTION SEC. 349. WITHIN WHAT TIME EXECUTION .MAY I8sUE,-The party in whose favor judgment is given may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement. If, after the entry of the judgment the issuing of execution thereon is stayed or enjoined by any judgment or order of court, or by operation of law, the time during which. it is so