Page:United States Statutes at Large Volume 77.djvu/578

 546

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

§16-508. Attachment of real property An attachment is sufficiently levied on the lands and tenements of the defendant by: (1) mentioning and describing the property in an indorsement on the attachment, made by the officer to whom it is delivered for service, to the following effect: "Levied on the following estate of the defendant, A B, to wit: (Here describe) this day of . C D, Marshal."; and (2) serving a copy of the attachment, with the indorsement, and the notice required by section 16-602, on the person, if any, in possession of the property. §16-509. Attachment of personal property; undertaking by defendant or person in possession (a) An attachment shall be levied upon personal chattels by the officer taking them into his possession and custody, unless the defendant gives the officer his undertaking to be filed in the cause, with sufficient security, substantially in the form set forth in subsection (b) of this section, or unless the person in whose possession the property is attached gives the officer his undertaking to be filed in the cause substantially in the form set forth in subsection (c) of this section. In cases where such undertakings are given, the attachment is sufficiently levied by the taking of the undertaking. (b) An undertaking by the defendant shall contain the substance of the following form: A B, plaintiff, versus Civil Action No. —. C D, defendant. The defendant and , his surety, in consideration of the discharge from the custody of the marshal of the property seized by him, upon the attachment sued out against the defendant, on the day of , anno Domini nineteen hundred , in the above entitled cause, appear, and submitting to the jurisdiction of the court, hereby undertake, for themselves and each of them, their and each of their heirs, executors, and administrators, or successors or assigns, to abide by and perform the judgment of the court in the premises in relation to the property, which judgment may be rendered against any or all the parties whose names are hereto signed. (Signed) C D. EF. (c) An undertaking by the person in whose possession the property is attached shall contain the substance of the following form: A B, plaintiff versus Civil Action No.. C D, defendant Whereas by virtue of an attachment issued in the above-entitled suit, the United States marshal for the District of Columbia has attached certain property in the hands of the undersigned E F, as garnishee, namely, (here describe) of the value of —^ dollars; and now, therefore, E F and G H, as surety, appearing in the action, and submitting to the jurisdiction of the court, hereby undertake for themselves and each of them, their and each of their heirs, executors, and administrators to abide by the judgment of the court in relation to said property, and that if me same shall be condemned to satisfy the claim of the plaintiff, judgment may be rendered against all the undersigned for the value of the property and costs, to be

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