§ 221. Claim by third persons
If the property taken is claimed by any other person than the defendant or his agent, and such person makes affidavit of his title thereto or his right to the possession thereof, stating the grounds of such title or right, and serves the same upon the marshal before the delivery of the property to the […]
§ 222. Filing and return of marshal
The marshal shall file the affidavit, with his proceedings thereon including an inventory of the property taken, with the clerk of the court in which the action is pending within twenty days after taking the property mentioned therein.
§ 251. Cases in which attachment may be made
The plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant gives security to pay such judgment, as in this chapter provided, in the following cases: (1) In an […]
§ 252. Affidavit for attachment
A writ of attachment shall be issued by the clerk of the court in which the action is pending, whenever the plaintiff or anyone in his behalf makes and files an affidavit showing: (1) That the defendant is indebted to the plaintiff (specifying the amount of such indebtedness over and above all legal set-offs or […]
§ 253. Undertaking; sureties
After filing the affidavit with the clerk, the plaintiff shall be entitled to have the writ issued as soon as he files with the clerk his undertaking, with one or more sureties, in a sum not less than one hundred dollars, and equal to the amount for which the plaintiff demands judgment, and to the […]
§ 216. Undertaking by defendant for return of property
At any time before the delivery of the property to the plaintiff the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof upon giving to the marshal a written undertaking, executed by two or more sufficient sureties, to be approved by the marshal, to the effect that […]
§ 217. Justification of defendant’s sureties; delivery of property
The defendant’s sureties, upon a notice to the plaintiff or his attorney of not less than two nor more than six days, shall justify before the judge or the clerk of the court in which the action is pending, in the same manner as upon bail on arrest. Upon such justification the marshal shall deliver […]
§ 218. Qualifications and justification of sureties
Qualifications of sureties and their justification shall be the same as prescribed in respect to bail upon an order of arrest.
§ 219. Property concealed in building or inclosure
If the property or any part thereof is concealed in a building or inclosure the marshal shall publicly demand its delivery. If it is not delivered he shall cause the building or inclosure to be broken open and take the property into his possession, and if necessary he may call to his aid the government […]
§ 220. Keeping of property by marshal; insurance
When the marshal has taken the property as in this chapter provided, he shall keep it in a secure place and deliver it to the party entitled thereto upon receiving his lawful fees for taking and his necessary expenses for keeping the same. The marshal shall insure the property upon the request of, and payment […]