Page:United States Statutes at Large Volume 76A.djvu/397

From Wikisource
Jump to: navigation, search
This page needs to be proofread.

–301–

-301interest of the defendant therein, held by or standing in the name of the other person [naming him], are attached; and by leaving with the occupant, if any, and with the other person, or his agent, if known and within the Canal Zone, or at the residence of either, if within the Canal Zone, a copy of the writ, with a similar description and notice. If there is no occupant of the property, a copy of the writ, together with the description and notice, shall be posted in a conspicuous place upon the property. The registrar shall index the attachment when filed, in the names both of the defendant and of the person by whom the property is held. (3) Personal property, capable of manual delivery, shall be attached by taking it mto custody. (4) Stocks or shares, or interest in stocks 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 other managing agent thereof, a copy of the writ, and a notice stating that the stock or interest of the defendant is attached, in pursuance of the writ. (5) Debts and credits and other personal property, not capable of manual delivery, shall be attached by leaving with the person owing the debts, or having in his possession, or under his control, the credits and other personal property, or with his agent, a copy of the writ, 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 the writ. In the case of attachment of growing crops, a copy of the writ, together with a description of the property attached, and a notice that it is attached, shall be recorded the same as in the attachment of real property. § 347. Attachment lien on real property (a) The lien of the attachment on real property attaches and becomes effective upon the filing of a copy of the writ, together with a description of the property attached and a notice that it is attached, with the registrar of property. If the marshal does not complete the execution of the writ in the manner prescribed by section 346 of this title within 15 days next following the tiling in the registrar's office the lien shall cease. (b) The attachment shall be a lien upon all real property attached for a period of three years after the date of levy unless sooner released or discharged as provided by this subchapter, by dismissal of the action or by entry and docketing of judgment in the action. At the expiration of three years the lien shall cease and any proceeding or proceedings against the property under the attachment shall be barred. Upon motion of a party to the action, made not less than five nor more than 60 days before the expiration of the period of three years, the court in which the action is pending may extend the time of the lien for a period not exceeding two years from the date on which the original lien would expire, and the lien shall be extended for the period specified in the order upon the filing, before the expiration of the existing lien, of a certified copy of the order with the registrar of property. The lien may be extended from time to time in the manner herein prescribed. § 348. Garnishment; notice to garnishee Upon receiving information in writing from the plaintiff or his attorney, that a person has in his possession, or under his control, credits or other personal property belonging to the defendant, or owes a debt to the defendant, the marshal shall serve upon the person a copy of the writ, and a notice that the credits, or other property or debts, as the case may be, are attached in pursuance of the writ.