Page:United States Statutes at Large Volume 76A.djvu/396

–300– -300cept to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. Vlien excepted to, the plaintiflfs sureties, upon notice to the defendant of not less than two or 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 failure to justify, or if others in their place fail to justify, at the time and place appointed, the judge or clerk shall issue an order vacating the writ of attachment. § 344. Direction and command of writ; more than one defendant (a) The writ of attachment shall be directed to the marshal, and require him to attach and safely keep all the property of the defendant within the Canal Zone not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand against the defendant, the amount of which shall be stated in conformity with the complaint, unless the defendant gives him security by the undertaking of at least two sufficient sureties in an amount sufficient to satisfy the demand against the defendant, besides costs, or in an amount equal to the value of the property of the defendant which has been or is about to be attached; in which case to take such undertaking. (b) If the action is against more than one defendant, any defendant whose property has been or is about to be attached in the action may give the marshal the undertaking, and the marshal shall take the same, and the undertaking shall not subject the defendant to or be answerable for any demand against any other defendant, nor shall the marshal thereby be prevented from attaching or be obliged to release from attachment, any property of any other defendant. The defendant, at the time of giving the undertaking to the marshal, shall file with the marshal a verified statement wherein the defendant shall aver and declare that the other defendant or defendants in the action in which the undertaking was given has or have not any interest or claim of any nature whatsoever in or to the property. The statement shall further contain the character of the defendant's title and the manner in which he acquired title to the attached property. Before the attachment is released, the undertaking required by this section must be approved by the judge or, in the absence or disability of the judge, by the clerk of the court. § 345. Property subject to attachment; sale to satisfy judgment The rights or shares which the defendant may have in the stock of a corporation or company, together with the interest and profit thereon, and all debts due the defendant, and all other property in the Canal Zone of the defendant not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution. § 346. Method of attaching real and personal property; garnishment The marshal to whom the writ of attachment is directed and delivered shall execute it without delay, and if the undertaking specified by section 344 of this title is not given, as follows: (1) Real property shall be attached by filing with the registrar of property a copy of the writ, together with a description of the property attached, and a notice that it is attached; and by leaving a similar copy of the writ, description, and notice with an occupant of the property, if there is one; if not, then by posting it in a conspicuous place on the property attached. (2) Real property, or an interest therein, belonging to the defendant, and held by any other person, shall be attached, by filing with the registrar of property a copy of the writ, together with a description of the property, and a notice that the real property, and any

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