in case such party has been personally served with a summons in the action or, (2) after an order of service of summons by publication has been made. [Enacted 1953.]

§ 549. Personal property. If any personal property attached be claimed by a third person as his property, the same rules shall prevail as to the contents and making of said claim, and as to the holding of said property, as in case of a claim after levy upon execution, as provided for in § 689 of the Code of Civil Procedure. [Enacted 1953.]

§ 550. If plaintiff obtains judgment, how satisfied. If judgment be recovered by the plaintiff, the marshal must satisfy the same out of the property attached by him which has not been delivered to the defendant, or a claimant as hereinbefore provided, or subjected to execution on another judgment recovered previous to the issuing of the attachment, 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 remains due, and an execution shall have been issued on the judgment, he must 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 must be given, and the sales conducted as in other cases of sales on execution. [Enacted 1953.]

§ 551. When there remains a balance due, how collected. 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 shall remain due, the marshal must proceed to collect such balance, as upon an execution in other cases. Whenever the judgment shall have been paid, the marshal, upon reasonable demand, must deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judgment. [Enacted 1953.]

§ 552. When suits may be commenced on the undertaking. If the execution be returned, unsatisfied, in whole or in part,

the plaintiff may prosecute any undertaking given pursuant to § 540 or § 555, or he may proceed, as in other cases, upon the return of execution. [Enacted 1953.]

§ 553. If defendant recovers judgment, duty of marshal. If the defendant recovers judgment against the plaintiff, and no appeal is perfected and undertaking executed and filed as provided in § 946 of this Code, 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 commissioner's hands, must be delivered to the defendant or his agent, the order of attachment be discharged, and the property released therefrom. [Enacted 1953.]

§ 554. Proceedings to release attachments. Whenever any defendant has appeared in the action, such defendant may, upon reasonable notice to the plaintiff, apply to the court in which the action is pending, or to the judge thereof, for an order to discharge the attachment wholly, or in part; and, upon the execution of the undertaking mentioned in the next section, an order may be made releasing from the operation of the attachment any or all of the property of such defendant attached; and all of the property so released, and all of the proceeds of the sales thereof, must be delivered to such defendant upon the justification of the sureties on the undertaking, if required by the plaintiff. Such justification must take place within five (5) days after the notice of the filing of such undertaking. [Enacted 1953.]

§ 555. Requirements by court for release from attachment. Before making such order, the court or judge must require an undertaking on behalf of such defendant by at least two sureties, residents and freeholders or householders in Guam, to the effect that in case the plaintiff recovers judgment in the action against the defendant, by whom or in whose behalf such undertaking shall be given, such defendant will on demand redeliver the attached property so released to the proper officer to be applied to the payment of any judgment in such action against said defendant, or in default thereof, that such defendant and sureties will on demand pay to the plaintiff the full value of the property released not exceeding the amount of such judgment against such defendant. The court or judge making such order may fix the sum for which the undertaking must be executed and, if necessary in fixing such sum to know the value of the property released, the same may be appraised by

one or more disinterested persons to be appointed for that purpose. The sureties may be required to justify before the court or judge, and the property attached cannot be released from the attachment without their justification if the same is required. [Enacted 1953.]

§ 556. When a motion to discharge attachment may be made. The defendant may also at any time, either before or after the release of the attached property, or before any attachment shall have been actually levied, apply, on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to a judge thereof, that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued. [Enacted 1953.]

§ 557. When motion made on affidavit it may be opposed by affidavit. If the motion be made upon affidavit on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavit or other evidence in addition to those on which the attachment was made. [Enacted 1953.]

§ 558. Discharge of attachment. If, upon such application, it satisfactorily appears that the writ of attachment was improperly or irregularly issued, it must be discharged; provided, that such attachment shall not be discharged if, at or before the hearing of such application, the writ of attachment or the affidavit or undertaking upon which such attachment was based shall be amended and made to conform to the provisions of this Chapter. [Enacted 1953.]

§ 559. Return of writ of attachment. The marshal must return the writ of attachment with the summons if issued at the same time; otherwise within twenty (20) days after its receipt, with a certificate of his proceedings endorsed thereon or attached thereto; and whenever an order has been made discharging or releasing an attachment upon real property, a certified copy of such order must be filed in the Department of Land Management. [Enacted 1953.]

§ 559a. Alias writs. After the return and filing of the writ of attachment, or upon filing by the plaintiff of a verified affidavit setting forth the loss of the writ of attachment, the clerk of the court, upon demand of the plaintiff, may issue an alias writ which shall be in the same form as the original. [Enacted 1953.]

§ 560. Release of real property from attachment. An attachment as to any real property may be released by a writing signed by the plaintiff, or his attorney, or the officer. [Enacted 1953; amended by P.L. 5-54, effective July 1, 1960.]

§ 561. Attachment of interest of defendant in estate of decedent. The interest of a defendant in personal property belonging to the estate of a decedent, whether as heir, legatee, or devisee, may be attached by serving the personal representative of the decedent with a copy of the writ and a notice that said interest is attached. Such attachment shall not impair the powers of the representatives over the property for the purpose of administration. A copy of said writ of attachment and of said notice shall also be filed in the office of the clerk of the court in which said estate is being administered and the personal representative shall report such attachment to the court when any petition for distribution is filed, and in the decree made upon such petition, distribution shall be ordered to such heir, legatee, or devisee, but delivery of such property shall be ordered to the officer making the levy subject to the claim of such heir, legatee, or devisee, or any person claiming under him. The property shall not be delivered to the officer making the levy until the decree distributing such interest has become final. [Enacted 1953.]

CHAPTER V
Receivers

§ 564. Appointment of receivers.

§ 565. Appointment of receiver upon dissolution of corporations.

§ 566.

§ 567.

§ 568.

§ 569.

§ 570.

Receiver, restrictions on appointment; ex parte application, undertaking on.

Oath and undertaking of receiver.

Powers of receivers.

Investment of funds.

Notice of unclaimed funds in receiver's hands; disposition of.

§ 571. Bank may be appointed receiver.

§ 564. Appointment of receivers. A receiver may be appointed by the court in which an action is pending, or by the judge thereof:

1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or

of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured;

2. In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured; or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt;

3. After judgment, to carry the judgment into effect;

4. After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment;

5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights;

6. In an action of unlawful detainer.

7. In all other cases where receivers have heretofore been appointed by the usages of courts of equity. [Enacted 1953.] [EDITOR'S NOTE: Receivers appointed by Federal Courts; Rule 66, FRCP.]

§ 565. Appointment of receiver upon dissolution of corporations. Upon the dissolution of any corporation, the court having jurisdiction on application of any creditor of the corporation, or of any stockholder or member thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effects thereof and to collect the debts and property due and belonging to the corporation, and to pay the outstanding debts thereof, and to divide the moneys and other property that shall remain over among the stockholders or members. [Enacted 1953.]

§ 566. Receiver, restrictions on appointment; ex parte application, undertaking on. No party or attorney of a party, or person interested in an action, or related to any judge of the court by consanguinity or affinity within the third degree, can be appointed receiver therein without the written consent of the parties, filed with the clerk. If a receiver is appointed upon an ex parte application, the court, before making the order, must require from the applicant an undertaking, with sufficient