Page:United States Statutes at Large Volume 76A.djvu/392

–296– -296oppose it by affidavits or other proofs, in addition to those on which the order of arrest was made. (b) If, upon the application, it appears that there was not sufficient cause for the arrest, the order shall oe vacated; or if it appears that the bail wasfixedtoo high, the amount shall be reduced. Subchapter II—Claim and Delivery of Personal Property § 291. Claim for delivery The plaintiff in an action to recover the possession of personal property may, at the time of issuing the summons, or at any time before answer, claim the delivery of the property to him as provided in this subchapter. § 292. Affidavit; contents If a delivery is claimed, an affidavit shall be made by the plaintiff, or by someone in his behalf, showing: (1) that the plaintiff is the owner of the property claimed, particularly describing it, or is entitled to the possession thereof; (2) tnat the property is wrongfully detamed by the defendant; (3) the alleged cause of the detention thereof, according to his best knowledge, information, and belief; (4) that it has not been taken for a tax, assessment, or fine, pursuant to a statute; or seized, under an execution or an attachment against the property of the plaintiff; or, if so seized, that it is by " statute exempt from such a seizure; and '' (5) the actual value of the property. § 293. Requisition to marshal to take property The plaintiff or his attorney may, thereupon, by an indorsement in writing upon the affidavit, require the marshal to take the property from the defendant. § 294. Undertaking by plaintiff; taking of property; service on defendant Upon a receipt of the affidavit and notice, with a written undertaking, executed by two or more sufficient sureties, approved by the marshal, to the effect that they are bound to the defendant in double the value of the property as stated in the affidavit for the prosecution of the action, for the return of the property to the defendants, if return thereof is adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff, the marshal shall forthwith take the property described in the affidavit, if it is in the possession of the defendant or his agent, and retain it in his custody. He shall, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering them to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with a person of suitable age and discretion, or, if neither has any known place of abode, by putting them in the nearest post office, directed to the defendant. § 295. Exception to plaintiff's sureties; justification The defendant may, within two days after the service of a copy of the affidavit and undertaking, give notice to the marshal that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When the defendant excepts, the sureties shall justify on notice in like manner as upon bail on arrest. The marshal is responsible for the sufficiency of the sureties until the objection to them is either waived or until they justify. If the defendant excepts to the sureties,

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