Page:United States Statutes at Large Volume 76A.djvu/398

–302– -302§ 349. Same; liability of garnishee Persons having in their possession, or under their control, credits or other personal property belonging to the defendant, or owing debts to the defendant at the time of service upon them of a copy of the writ and notice, as provided by sections 346 and 348 of this title, unless the property is delivered up or transferred, or the debts are paid to the marshal, are liable to the plaintiff for the amount of the credits, property, or debts, until the attachment is discharged, or any judgment recovered by him is satisfied. § 350. Same; examination of garnishee and defendant; order for delivery or memorandum of property (a) Persons owing debts to the defendant, or having in their possession or under their control, credits or other personal property belonging to the defendant, may be required to attend before the court, or in case of the absence or disability of the judge before the clerk of the court, and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath. (b) In lieu of, or in addition to, examination before the court, the plaintiff may examine any person referred to in subsection (a) of this section, including the defendant, in the manner provided by the Federal Rules of Civil Procedure for taking depositions. (c) After the examination, the court may order personal property, capable of manual delivery, to be delivered to the marshal on such terms as may be just, having reference to any liens thereon or claims against it, and a memorandum to be given of all other personal property, containing the amount and description thereof. § 351. Marshal's return; inventory; memorandum of garnishee The marshal shall make a full inventory of the property attached, and return it with the writ. To enable him to make a return as to debts and credits attached, he shall request, at the time of service, the party owing the debt or having the credit to give him a memorandum, stating the amount and description of each; and if the memorandum is refused, he shall return the fact of refusal with the writ. The party refusing to give the memorandum may be required to pay the costs of any proceedings taken for the purpose of obtaining information respecting the amounts and description of the debt or credit, § 352. Perishable property; custody of other property; collection of debts and credits If any of the property attached is perishable, the marshal shall sell it in the manner in which such property is sold on execution. The proceeds, and other property attached by him, shall be retained by him to answer any judgment that may be recovered in the action, unless sooner subjected to execution upon another judgment recovered previous to the issuing of the attachment. Debts and credits attached may be collected by him, if it can be done without suit. The marshal's receipt is a sufficient discharge f^r the amount paid. § 353. Sale of attached property If property is taken by an officer under a Avrit of attachment, and it is made to appear satisfactorily to the court that the interest of the parties to the action will be subserved by a sale thereof, the court may order the property to be sold in the same manner as property is sold tinder an execution, and the proceeds to be deposited in the court to abide the judgment in the action. The order may be made only upon notice to the adverse party or his attorney, if the party has been personally served with a summons in the action.

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