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$ 235. The execution of the attachment upon any such rights, shares, or any debts or other property incapable of manual delivery to the sheriff, shall be made by leaving a certified copy of the warrant of attachment with the president or other head of the association or corporation, or the secretary, cashier, or managing agent thereof, or with the debtor or individual holding such property, with a notice showing the property ievied on.
$ 236. Whenever the sheriff shall with a warrant of attachment, or execution against the defendant, apply to such officer, debtor or individual, for the purpose of attaching, or levying upon, such property, such officer, debtor, or individual, shall furnish him with a certificate under his hand, designating the number of rights or shares of the defendant in the stock of such association or corporation, with any dividend, or any incumbrance thereon, or the amount and description of the property, held by such association, corporation or individual, for the benefit of, or debt owing to the defendant. If such officer, debtor or individual refuse to do so, he may be required by the court or judge to attend before him, and be examined on oath, concerning the same, and obedience to such orders may be enforced by attachment.
§ 237. In case judgment be entered for the plaintiff, in such action, the sheriff shall satisfy the same out of the property attached by him, if it shall be sufficient for
1. By paying over to such plaintiff the procecds of all sales of perishable property, and of any vessel, or share or interest in any vessel sold by him, or of any debts 01 credits collected by him or so much as shall be necessary to satisfy such judgment.
2. If any balance remain due, and an execution shall have been issued on such judgment, he shall proceed to sell under such execution so much of the attached property, real or personal, except as provided in subdivision four of this section, as may be necessary to satisfy the balance, if enough for that purpose shall remain in his hands; and in case of the sale of any rights or shares in the stock of a corporation or association, the sheriff shall execute to the purchaser a certificate of sale thereof, and the purchaser shall thereupon have all the rights and privileges in respect thereto which were had by such defendant.
3. If any of the attached property belonging to the defendant, shall have passed out of the hands of the sheriff without having been sold or converted into money, such sheriff shall repossess himself of the same, and for that purpose shall have all the authority which he had to seize the same under the attachment, and iny person who shall wilfully conceal or withhold such property from the sheriff, shall be liable to double damiges at the suit of the party injured.
4. Until the judgment against the defendant shall be paid, the sheriff may proceed to collect the notes, and other evidences of debt and the debts that been seized or attached under the warrant of attachment, and to prosecute any bond he may have taken in the course of such proceedings, and apply the proceeds thereof to the payment of the judgment.
At the expiration of six months from the docketing of the judgment, the court shall have power, upon the petition of the plaintiff, accompanied by an affidavit, setting forth fully all the proceedings which have been had by
may have the sheriff since the service of the attachment, the property attached and the disposition thereof, and also the affidavit of the sheriff that he has used diligence and endeavored to collect the evidences of debt in his hands so attached, and that there remains uncollected of the same any part or portion thereof, to order the sheriff to sell the same upon such terms and in such manner as shall be deemed proper.
Notice of such application shall be given to the defendant or his attorney, if the defendant shall have appeared in the action.
In case the summons has not been personally served on the defendant, the court shall make such rule or order as to the service of notice and the time of service as shall be deemed just.
When the judgment and all costs of the proceedings shall have been paid, the sheriff upon reasonable demand, shall deliver over to the defendant the residue of the attached property or the proceeds thereof.
$ 238. The actions herein authorized to be brought by the sheriff, may be prosecuted by the plaintiff, or under his direction, upon the delivery by him to the sheriff of an undertaking executed by two sufficient sureties, to the effect that the plaintiff will indemnify the sheriff from all damages, costs and expenses on account thereof, not exceeding two hundred and fifty dollars in any one action. Such sureties shall in all cases, when required by the sheriff justify, by making an affidavit that each is a householder, and worth double the amount of the penalty of the bond, over and above all demands ani liabilities.
$ 239. If the foreign corporation or absent or a. sconding or concealed defendant, recover judgmer,
against the plaintiff, in such action, any bond taken by the sheriff, except such as are mentioned in the last section, all the proceeds of sales and moneys collected by him, and all the property attached remaining in his hands, shall be delivered by him to the defendant or his agent on request and the warrant shall be discharged, and the property released therefrom.
§ 240. Whenever the defendant shall have appeared in such action, he may apply to the officer who issued the attachment, or to the court, for an order to discharge the same, and if the same be granted all the proceeds of sales and moneys collected by him, and all the property attached remaining in his hands, shall be delivered or paid by him to the defendant or his agent and released from the attachment.
And where there is more than one defendant, and several property of either of the defendants has been seized by virtue of the order of attachment, the defendant whose several property has been seized, may apply to the officer who issued the attachment for relief under this section.
§ 241. Upon sich application, the defendant shall
deliver to the court or officer an undertaking, executed by at least two sureties who are residents and freeholders or householders in this state, approved by such court or officer, to the effect that the sureties will, on demand, pay to the plaintiff, the amount of judgment that may be recovered against the defendant in the action, not exceeding the sum specified in the undertaking, which shall be at least double the amount claimed by the plaintiff in his complaint. If it sha". appear by affidavit that the property attached be less than the amount claimed by the plaintiff, the court or officer issuing the attachment may order the same to be appraised, and the amount of the undertaking shall then be double the amount so appraised.
And the plaintiff may, within three days after receive ing written notice of the filing of such undertaking, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fails so to do, he shall be deemed to have waived all objection to them. When the plaintiff excepts, the sureties shall justify on notice in like manner as upon bail on arrest.
And the sheriff shall be responsible for the sufficiency of the sureties, and may retain possession of the property attached, and the proceeds thereof in his hands, until the objection to them is either waived as above provided, or until they shall justify, or new sureties shall be substituted and justify.
And in all cases the defendant may move to discharge the attachment, as in the case of other provisional remedies.
And when there is more than one defendant, and several property of either of the defendants has been seized by virtue of the order of attachment, the defendant, whose several property has been seized, may