Page:United States Statutes at Large Volume 76A.djvu/163

–67– -67(c) All bonds given as security for costs shall authorize judgment against all of the obligors of the bonds, jointly and severally, for such costs, to be entered in the final judgment of the action or special proceeding. § 393. Governmental exemptions Security for costs may not be required of the United States, an agency thereof, an officer thereof who sues in his official capacity, or the public administrator. § 394. Security by intervener or counterclaimant This subchapter applies to an intervener. I t also applies to a defendant who seeks a judgment against the plaintiff on a counterclaim, after the plaintiff has discontinued his action. § 395. Costs secured by attachment or other bond When the costs are secured by the provisions of an attachment or other bond, filed by the party required to give satisfactory security for costs, further security may not be required.

CHAPTER 11—SURETY BONDS AND UNDERTAKINGS See. 431. Undertakings or bonds; requisites. 432. Corporations as sureties. 433. Justification by corporate sureties. 434. Gash deposit in lieu of bond. 435. Copies of bonds. 436. Governmental exemption from bonds and undertakings. 437. Subrogation of surety to rights of Judgment creditor. 488. Enforcement of liability of surety. 439. Attorneys as sureties. § 431. Undertakings or bonds; requisites (a) When an undertaking or bond is authorized or required by a law of the Canal Zone, the officer taking it shall, except as provided by section 432 of this title, require the sureties to include with the undertaking an affidavit stating that each one is: (1) a resident of the Canal Zone; (2) worth the sum specified in the undertaking or bond, over and above all their just debts and liabilities, exclusive of property exempt from execution. (b) When an undertaking or bond is in an amount exceeding $2,000, the affidavit shall also state: (1) the affiant's place of residence; (2) a description sufficient for identification of property^ real or personal, belonging to the affiant and relied upon by him as qualifying him on the bond or undertaking, and the nature of affiant's interest or estate therein; (8) the affiant's best estimate of the actual cash value of each property; (4) any charge or lien against the property, including the amount thereof, known to the affiant, whether of public record or not; and (5) any other impediment or cloud known to the affiant on the free right of possession, use, benefit or enjoyment of the property. (c) Wlien the amount specified in the undertaking or bond exceeds $3,000 and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that specified in the undertaking or bond, if the whole amount is equivalent to that of two sufficient sureties. A corporation covered by section 432 of this title may become sole surety in a bond. (d) When an undertaking has been given and approved in an action or proceeding and it is thereafter made to appear to the satis-

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