Page:United States Statutes at Large Volume 76A.djvu/393

–297– -297he may not reclaim the property as provided by section 296 of this title. § 296. Undertaking by defendant for return of property At any time before the delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof, upon giving to the marshal a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if the delivery is adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant. If a return of the property is not so required within five days after the taking and service of notice to the defendant, it shall be delivered to the plaintiff, except as provided by section 301 of this title. § 297. Exception to defendant's sureties; justification The plaintiff may, within two days after service upon him of a copy of the undertaking given to the marshal pursuant to section 296 of this title, 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. If the plaintiff excepts, the defendant's sureties, upon notice to the plaintiff of not less than two nor more than five days, shall justify before the judge or clerk of the court, in the same manner as upon bail on arrest; and upon the justification the marshal shall deliver the property to the defendant. The marshal is responsible for the defendant's sureties until they justify, or until the justification is completed or waived, and may retain the property until that time. If they, or others in their place, fail to justify at the time and place appointed, he shall deliver the property to the plaintiff. § 298. Qualifications of sureties The qualifications of sureties shall be such as are prescribed by this title, in respect to bail upon an order of arrest. § 299. Property concealed in building or inclosure If the property, or any part thereof, is concealed in a building or inclosure, the marshal shall publicly demand its delivery. If it is not delivered, he shall cause the building or inclosure to be broken open, and take the property into his possession. § 300. Keeping and delivery of property; fees and expenses When the marshal has taken property as provided by this subchapter, he shall keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his fees for taking and his necessary (expenses for keeping the same. § 301. Claims by third persons If the property taken is claimed by a person other than the defendant or his agent, the provisions applicable in cases of third party claims after levy under execution apply. § 302. Filing and return by marshal The marshal shall file the notice, undertaking, and affidavit, with his proceedings thereon, with the clerk of the court, within 20 days after taking the property mentioned therein. § 303. Order protecting plaintiff in possession After the property has been delivered to the plaintiff as provided in this subchapter, the court shall, by appropriate order, protect the plaintiff in possession of the property until the final determination of the action.

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