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1. Real property shall be attached by leaving with the occupant thereof, or, if there be no occupant, in a conspicuous place thereon, a copy of the writ and affidavit, certified by the marshal.
2. Personal property capable of manual delivery to the mashal shall be attached by taking it into custody.
3. Stock or shares, or interest in stock or shares of any corporation or company, shall be attached by leaving with the president or other head of the same, or the secretary, cashier, or managing agent thereof, a copy of the writ and affidavit, and a notice that the stock or interest of the defendant is attached in pursuance of such writ.
4. Debts and credits, and other personal property not capable of manual delivery, shall be attached by leaving with the person owing such debts, or having in his possession or under his control such credits or other personal property, a copy of the writ and affidavit, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession or under his control belonging to the defendant, are attached in pursuance of such writ.
SEC. 8. The marshal shall note on the writ of attachment the day, month, and year when the attachment was made, and shall make a full inventory of the property attached, and return the same with the writ.
SEC. 9. If real estate be attached by virtue of any writ of attachment, the marshal shall make a certified copy of said writ and of his return thereon, and deliver it within three days from the time of making such attachment to the recorder, who shall file and record the same in a book to be kept for that purpose in the recorder's office. When so filed within three days, the same shall be and continue a lien from the time of making the attachment, otherwise it shall be and continue a lien from the time it is filed, on the real estate mentioned or described in the return of the marshal, until the same shall be discharged. When the said lien shall be discharged by order of the court, or by satisfaction of the judgment rendered in the suit, it shall be the duty of the recorder, when requested, to record the satisfaction piece, or transcript of the record of such order, in the book kept for recording such liens; and he shall enter on the margin of the page or pages where the said writ and return are so recorded, a minute of such discharge or satisfaction.
SEC. 10. All persons having in their possession or under their control any credits or other personal property belonging to the defendant, or owing any debts to the defendant at the time of service upon them of a copy of the writ, affidavit, and notice, as provided in section seven of this chapter, shall, unless such property be delivered up or transferred, or such debts be paid to the marshal, be liable to the plaintiff for the amount of such credits, property, or debts, until the attachment be discharged, or any judgment recovered by him be satisfied; but where property is attached in the hands of a consignee, his lien thereon shall not be affected by the attachment.
SEC. 11. When the marshal, with a writ of attachment against the defendant, shall apply to any person mentioned in the third and fourth subdivisions of section seven of this chapter, for the purpose of attaching the property mentioned therein, such person shall furnish him with a certificate designating the number of shares of the defendant in the stock of the corporation or company, with any dividend or encumbrance thereon, or the amount and description of the property or credits held by such corporation, company, or person for the defendant, or the debt owing to the defendant. If such person refuse to do so, or if his certificate or statement be unsatisfactory to the plaintiff, he may be required, by an order of the court, or of any judge thereof, to attend before the court or judge, and be examined on oath concerning the same, as hereinafter prescribed in this chapter; and disobedience to the order may be punished as a contempt.
SEC. 12. If any of the property attached be perishable, the marshal shall sell the same in the manner in which such property is sold on execution. The proceeds thereof, and other property attached, shall be retained by him to answer any judgment that may be recovered in the action, unless it be delivered over as prescribed in the next section, or unless sooner subjected to execution upon another judgment recovered previous to the issuing of the writ of attachment. Debts and credits attached may be collected by the marshal, if the same can be done without suit. The marshal's receipt shall be a sufficient discharge for the amount paid.
SEC. 13. The marshal may deliver any of the property attached, to the defendant, or to any other person claiming it, and in whose possession it was attached, upon his giving a written undertaking therefor, executed by two or more sufficient sureties, engaging to redeliver
it, or pay the value thereof, to be ascertained by appraisement, to any marshal to whom execution upon a judgment obtained by the plaintiff in that action may be issued. If an action be brought upon such undertaking against the principal or his sureties, it shall be a defence that the property for which the undertaking was given did not, at the execution of the writ of attachment, belong to the defendant against whom it was issued.
SEC. 14. If any personal property attached be claimed by a third person as his property, the marshal may summon a jury to try the validity of such claim, and the same proceedings shall be had thereon, with the like effect, as in case of seizure upon execution.
SEC. 15. Whenever the marshal, with a writ of attachment against the defendant, shall apply to any person mentioned in section seven of this chapter, for the purpose of attaching the personal property therein mentioned, and such person shall deny that he has any personal property of the defendant, or shall refuse to give the certificate required in section eleven of this chapter, or if such certificate be unsatisfactory to the plaintiff, he may be required, by an order of the court, or of any judge thereof, to attend before such court or judge at a time therein stated, not less than ten days thereafter, and be examined on oath concerning the same.
SEC. 16. At any time after the allowance of such order, and before such person shall be required to attend, the plaintiff may exhibit written allegations and interrogatories touching the property, stock, or credits of the defendant, in the possession of, or held by such person as garnishee, or debts owing to the defendant by him; and such garnishee shall be required to make full, direct, and true answers to the same on oath.
SEC. 17. On the day when the garnishee, duly summoned, shall be required to attend before the court or judge, he shall exhibit on oath his answers to the allegations and interrogatories of the plaintiff, unless for good cause shown a further time shall be allowed; in default of such answer, such matters may be taken for confessed, or the court or judge may, upon motion, compel him to answer by attachment of his body.
SEC. 18. No final judgment, however, shall be rendered against the garnishee, until the action against the defendant in attachment is determined; and in no case for a greater amount than that sworn to by the plaintiff, with interest and costs.
SEC. 19. The plaintiff may except to the answer of any garnishee for insufficiency, and if the same shall be adjudged insufficient, the court or judge may allow the garnishee to amend his answer, in such time and on such terms as may be just, or the plaintiff may take as confessed the allegations not denied by such answer, or move the court or judge to attach the body of the garnishee to compel a sufficient
SEC. 20. The plaintiff may deny the answer of the garnishee in whole or in part, and the issues shall be tried as ordinary issues between plaintiff and defendant. If the answer be not excepted to, or denied in such time as the court or judge may deem proper, it shall be taken to be true and sufficient.
SEC. 21. If by the answer not excepted to, nor denied, or if upon trial it shall appear that the garnishee is possessed of property or effects of the defendant, or is indebted to the defendant, the value of such property or effects or of the debt being ascertained, judgment may be rendered against the garnishee for the proper amount in money, and in such case the court may make him a reasonable allowance for his trouble in answering, to be paid out of the funds confessed in his hands.
SEC. 22. Whenever any property, effects, money, or debts belonging or owing to the defendant shall be confessed or found by the court, judge, or jury to be in the possession of the garnishee, he may at any time before final judgment discharge himself dy delivering the same to the marshal.
SEC. 23. Debts not yet due to the defendant may be attached, but no execution shall be awarded against the garnishee for such debts until they shall become due.
SEC. 24. In all cases of controversy between the plaintiff and garnishee, the parties may be adjudged to pay or recover costs in the discretion of the court.
SEC. 25. The defendant or claimant may be required to attend before the court, judge, or jury, for the purpose of giving any necessary or proper information respecting the property attached, and may be thereupon examined on oath concerning the same.
SEC. 26. If judgment be recovered by the plaintiff against the defendant in such action, the marshal shall satisfy the same out of the property attached by him, if it be 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 shall be necessary to satisfy the judgment.
2. If any balance remain due, and an execution shall have 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 remain in his hands; and in case of the sale of any rights or shares in the stock of a corporation or company, the marshal shall execute to the purchaser a certificate of the sale, and the purchaser shall thereupon have all the rights and privileges in respect thereto which were had by the defendant. Notices of the sales shall be given, and the sales conducted as in other cases of sales on execution.
SEC. 27. 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 and costs, any balance shall remain due, the marshal shall proceed to collect such balance as upon an execution in other cases. Whenever the judgment and all costs of the proceedings shall have been paid, the marshal, upon reasonable demand, shall deliver over to the defendant the residue of the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judgment.
SEC. 28. If the defendant recover judgment against the plaintiff, any undertaking received in the action, all the proceeds of sales, and money collected by the marshal, and all property attached remaining in the marshal's hands, shall be delivered to the defendant or his agent, and the order of attachment discharged.
SEC. 29. Whenever the defendant shall have appeared in the action, he may apply, upon reasonable notice to the plaintiff, to the court, or any judge thereof in vacation, for an order to discharge the attachment upon the execution of the undertaking mentioned in the next section; and if the application be granted, all the proceeds of sales and moneys collected by the marshal, and all the property attached remaining in the marshal's hands, shall be released from the attachment and delivered to the defendant.
SEC. 30. Upon such application, the defendant shall deliver to the court or judge, an undertaking, executed by at least two sureties ap