Page:United States Statutes at Large Volume 76A.djvu/434

–338– -338sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When excepted to they shall justify in the manner and within the time provided in section 343 of this title, otherwise the magistrate shall order the writ of attachment vacated. § 833. Direction and command of writ; more than one defendant; service outside subdivision (a) The writ shall be directed to the constable and require him to attach and safely keep all the property of the defendant 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, whose property has been or is about to be attached, gives him security by the undertaking of two sufficient sureties in an amount sufficient to satisfy the demand against the defendant besides costs; 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 may give the constable the undertaking, and the constable 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 constable 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 constable, shall file with the constable a statement duly verified under oath, wherein he 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. § 834. Application of other provisions Sections 345-364 of this title apply to attachments issued in magistrates' courts. For this purpose, the reference in section 346 to the undertaking provided for by section 344 of this title shall be deemed to refer to the undertaking provided for by section 833 of this title. Subchapter V—Trial § 861. Notice of trial or hearing (a) When all parties served with process have appeared, or some of them have appeared and the remaining defendants have made default, the magistrate shall fix the day for the trial of the cause or hearing on a motion, and give notice thereof to the parties who have appeared. (b) The notice shall be in writing, signed by the magistrate, and in substantially the following form: I n the Magistrate's Court, Subdivision of plaintiff, v. defendant To plaintiff, or attorney for plaintiff, and to defendant, or attorney for defendant: You and each of you will«4)lease take notice that the undersigned magistrate before whom the above-entitled cause is pending, has set for hearing the motion of, filed in said cause (or has set the said cause for trial, as the case may be), before me at , at o'clock —m., on the day of , 19-. Dated this day of , 19—. (Signed) Magislrate.
 * ^, Canal Zone.

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