Page:United States Statutes at Large Volume 76A.djvu/399

–303– -303§ 354. Claims by third persons If a third person claims any attached personal property as his property, the provisions applicable in cases of third party claims after levy under execution apply. § 355. Satisfaction of judgment If judgment is recovered by the plaintiff, the marshal shall satisfy it out of the property attached by him which has not been delivered to the defendant or a claimant, or subjected to execution on another judgment recovered previous to the issuing of the attachment, if it is sufficient for that purpose: (1) by paying to the plaintiff the proceeds of all sales of perishable property sold by him, or of any debts or credits collected by him, or so much as are necessary to satisfy the judgment: and (2) if a balance remains due, and an execution has been issued on the judgment, he shall sell under the execution so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remains in his hands. Notices of the sales shall be given, and the sales conducted as in other cases of sales on execution. § 356. Collection of balance due; return of surplus If, after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits collected by him, deducting his fees, to the payment of the judgment, any balance remains due, the marshal must proceed to collect the balance, as upon an execution in other cases. If the judgment has been paid, the marshal, upon reasonable demand, shall deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judgment. § 357. Plaintiff's remedies if execution is unsatisfied If the execution is returned unsatisfied, in whole or in part, the plaintiff may enforce any undertaking given pursuant to sections 344 or 360 of this title, or he may proceed, as in other cases, upon the return of an execution. § 358. Judgment for defendant; discharge of attachment If a defendant recovers judgment against the plaintiff and no appeal is perfected and undertaking executed, any undertaking received in the action, all the proceeds of sales and money collected by the marshal, and all the property attached, remaining in the marshal's hands, shall be delivered to the defendant or his agent, the order of attachment be discharged, and the property released therefrom. § 359. Discharge of attachment on defendant's undertaking If a defendant has appeared in the action, he may, upon reasonable notice to the plaintiff, apply to the district court for an order to discharge the attachment wholly or in part; and upon the execution of the undertaking specified by section 360 of this title, an order may be made releasing from the operation of the attachment, any or all of the property of the defendant attached; and all the property so released and all the proceeds of the sales thereof, shall be delivered to the defendant upon the justification of the sureties on the undertaking, if required by the plaintiff. The justification must take place within five days after the notice of the filing of the undertaking. § 360. Requirements for defendant's undertaking Before making an order prescribed by section 359 of this title, the court shall require an undertaking on behalf of the defendant, by at

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