Page:United States Statutes at Large Volume 76A.djvu/395

–299– -299Subchapter IV—Attachment § 341. Actions in which authorized (a) The plaintiff, at the time of issuing the summons or at any time afterward, may have the property of the defendant attached, as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay the judgment, as provided in this subchapter, in the following cases: (1) in an action upon a contract, express or implied, for the direct payment of money, where the contract is made or is payable in the Canal Zone, and is not secured by a mortgage or lien upon real or personal property, or a pledge of personal property, or, if originally so secured, the security has, without any act of the plaintiff or the person to whom the security was given, become valueless; (2) in an action upon a contract, express or implied, against a defendant not residing in the Canal Zone, or who can not after due diligence be found within the Canal Zone, or who conceals himself to avoid service of summons; or (3) in an action against a defendant not residing in the Canal Zone, or who has departed from the Canal Zone, or who can not after due diligence be found within the Canal Zone, or who conceals himself to avoid service of summons, to recover a sum of money as damages, arising from an injury to person or property in the Canal Zone, in consequence of negligence, fraud, or other wrongful act. (b) An action upon any liability, existing under the laws of the Canal Zone, of a spouse, relative or kindred, for the support, maintenance, care or necessaries furnished to the other spouse, or other relatives or kindred, is deemed to be an action upon an implied contract within the term as used throughout all paragraphs of subsection (a) of this section. § 342. Affidavit for attachment The clerk of the court shall issue the writ of attachment upon receiving an affidavit by or on behalf of the plaintiff showing: (1) the facts specified by section 341 of this title which entitle him to the writ; (2) the amount of the indebtedness claimed, over and above all legal setoffs or counterclaims, or the amount claimed as damages; and (3) that the attachment is not sought, and the action is not prosecuted, to hinder, delay, or defraud any creditor of the defendant. § 343. Undertaking on attachment; exceptions to sureties Before issuing a writ of attachment, the clerk shall require a written undertaking on the part of the plaintiff, in a sum not less than $200 and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, and that if the attachment is discharged on the ground that the plaintiff was not entitled thereto pursuant to section 341 of this title, the plaintiff will pay all damages which the defendant may have sustained by reason of the attachment, not exceeding the sum specified in the undertaking. At any time after the issuing of the attachment, but not later than five days after actual notice of the levy thereof, the defendant may ex-

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