Page:United States Statutes at Large Volume 31.djvu/407

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FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 355 tionor corporation, or interest or profits thereof, then with such person or officer of such association or corporation as this code authorizes a summons to be served upon. Sec. 141. From the date of the attachment until it be discharged or as%g%g§¤t$g;¢¤¢ the writ executed, the plaintiff as against third persons shall be deemed P ' apurchaser in_ good faith and for a valuable consideration of the prop— erty, real or personal, attached, subject to the conditions prescribed in the next section as to real roperty. Any person, association, or corration mentioned in subdivision three of the section last preceding, fiibm the service of a copy of the writ and notice as therein provide , shall, unless such property, stock, or debts be delivered, transferred, or paid to the marshal, be liable to the plaintiff for the amount thereof until the attachment be discharged or any judgment recovered by him be satisfied. ” - Sec. 142. If real property be attached, the marshal shall make a titxggndresl prrgpeny certificate containing the title of the cause, the names of the parties, a gsmasghhi. °° mm description of such real property, and a statement that the same has been attached at the action of the plaintiff, and the date thereof. Within ten days from the date of the attachment, the marshal shall deliver such certificate to the commissioner as ex officio recorder of the recording district in which such real property is situated, who shall file the same in his office and record it- in a book to be kept for that purplose. When such certificate is so Bled for record the lien in favor of the laintiff shall attach to the real propert described in the certificate fiom the date of the attachment, but if filed afterwards it shall only attach, as against third persons, from the date of such subsequent filing. Whenever such lien shall be discharged it shall be the duty of the commissioner as ex officio recorder, when re uested, to record the transcript of any order, entry of satisfaction of juld ment, or other proceeding of record whereby it appears that such lien%1as been discharged in the book mentioned 1D this section. The commissioner shall also enter on the margin of the pa e on which the certificate is recorded a minute of the discharge, and tie page and book where recorded. · Sec. 143. Whenever the marshal, with a writ of attachment against mg?¢{¤uQ;ir<?1 P¢?i¤;¤ the defendant, shall apply to any erson or officer mentioned in subdi- we to marlgnaiie ` vision three of section one hundred and forty for the purpose of attach-· ing any property mentioned therein, such person or officer shall furnish whim wit a certificate designating the amount and description of any property in his possession belonging to the defendant, or any debt owing to the de endant, or the number of rights or shares of the defendant in the stock of the association or corporation, with any interest or profits or encumbrance thereon. If such person or officer refuse to do so, or if the certijicatewhen given be unsatisfactor to the plaintiif, he may be required by the court, or judge thereof, wlsiere the action is pending to aippear before him and be examined on oath concerning the same, and isobedience to such order may be punished as contem t. Sec. 144. If any of the property attached be perishable, the marsgal Pefgshaljjie 1>¤¤1>¤¤¢¥ shall sell the same in the manner in which property is sold on execu- my er ` tion. The proceeds thereof and other roperty attached shall be retained by him to answer any judgment tgat may be recovered in the action, unless sooner subjected to execution upon another judgment. Personal property mentioned in subdivision three of section one hundred and forty may be delivered, transferred, or paid to the marshal without an action, and his receipt therefor shall be a sufficient discharge accordingly. Sec. 145. The marshal may deliver any of the property attached to d jY*}¤{1 masks] ¤;¥ the defendant, orto any other person claiming it, upon his giving a re°¤ii.$if°r°p°mt° °` written undertaking therefor, executed by two or more sufhcient sureties, engaging to redeliver it or pay the value thereof to the marshal, to whom execution upon a judgment obtained by the plaintiff in that action may be issued.