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3. That he so conceals himself that a summons cannot be served upon him; or,

4. That he has assigned, secreted, removed, or disposed of, or is about to assign, secrete, remove, or dispose of, his property not exempt from execution, or a part thereof, with the intent to defraud his creditors; or,

5. That the debt was fraudulently contracted.

The affidavit required by this section shall be attached to the writ upon issuing the same. But no attachment shall issue on the ground that the defendant is a foreign corporation or a non-resident of this District, except for a debt or demand arising upon contract, judgment, or decree, or upon an injury to person or property committed within this District.

SEC. 3. Before issuing the writ, the clerk shall require a written undertaking on the part of the plaintiff, in a sum not less than two hundred dollars, and not exceeding the amount claimed by the plaintiff when the same is more than two hundred dollars, with sufficient sureties, to the effect that if the defendant recover judgment the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking.

SEC. 4. The writ shall be directed to the marshal, and require him to attach and safely keep all the property of the defendant within this District not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, the amount of which shall be stated in conformity with the complaint, together with costs and expenses.

SEC. 5. The return day of the attachment, when issued at the commencement of the action, shall be the same as that of the summons; when issued afterwards, it shall be twenty days after it is issued.

SEC. 6. The rights or shares which the defendant may have in the stock of any corporation or company, together with the interest or profits thereon, all debts due such defendant, and all other property, real or personal, in this District, of such defendant, not exempt from execution, may be attached, and, if judgment be recovered against him, be sold or collected to satisfy the judgment and execution.

SEC. 7. The marshal to whom the writ is directed and delivered shall execute the same without delay, as follows:

1. Real property shall be attached by leaving with the occupant thereof, or, if there be no occupant, in a conspicuous place thereon, a copy of the writ and affidavit, certified by the marshal.

2. Personal property capable of manual delivery to the mashal shall be attached by taking it into custody.

3. Stock or shares, or interest in stock 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 managing agent thereof, a copy of the writ and affidavit, and a notice that the stock or interest of the defendant is attached in pursuance of such writ.

4. Debts and credits, and other personal property not capable of manual delivery, shall be attached by leaving with the person owing such debts, or having in his possession or under his control such credits or other personal property, a copy of the writ and affidavit, 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 such writ.

SEC. 8. The marshal shall note on the writ of attachment the day, month, and year when the attachment was made, and shall make a full inventory of the property attached, and return the same with the writ.

SEC. 9. If real estate be attached by virtue of any writ of attachment, the marshal shall make a certified copy of said writ and of his return thereon, and deliver it within three days from the time of making such attachment to the recorder, who shall file and record the same in a book to be kept for that purpose in the recorder's office. When so filed within three days, the same shall be and continue a lien from the time of making the attachment, otherwise it shall be and continue a lien from the time it is filed, on the real estate mentioned or described in the return of the marshal, until the same shall be discharged. When the said lien shall be discharged by order of the court, or by satisfaction of the judgment rendered in the suit, it shall be the duty of the recorder, when requested, to record the satisfaction piece, or transcript of the record of such order, in the book kept for recording such liens; and he shall enter on the margin of the page or pages where the said writ and return are so recorded, a minute of such discharge or satisfaction.

SEC. 10. All persons having in their possession or under their control any credits or other personal property belonging to the defendant, or owing any debts to the defendant at the time of service upon them of a copy of the writ, affidavit, and notice, as provided in section seven of this chapter, shall, unless such property be delivered up or transferred, or such debts be paid to the marshal, be liable to the plaintiff for the amount of such credits, property, or debts, until the attachment be discharged, or any judgment recovered by him be satisfied; but where property is attached in the hands of a consignee, his lien thereon shall not be affected by the attachment.

SEC. 11. When the marshal, with a writ of attachment against the defendant, shall apply to any person mentioned in the third and fourth subdivisions of section seven of this chapter, for the purpose of attaching the property mentioned therein, such person shall furnish him with a certificate designating the number of shares of the defendant in the stock of the corporation or company, with any dividend or encumbrance thereon, or the amount and description of the property or credits held by such corporation, company, or person for the defendant, or the debt owing to the defendant. If such person refuse to do so, or if his certificate or statement be unsatisfactory to the plaintiff, he may be required, by an order of the court, or of any judge thereof, to attend before the court or judge, and be examined on oath concerning the same, as hereinafter prescribed in this chapter; and disobedience to the order may be punished as a contempt.

SEC. 12. If any of the property attached be perishable, the marshal shall sell the same in the manner in which such property is sold on execution. The proceeds thereof, and other property attached, shall be retained by him to answer any judgment that may be recovered in the action, unless it be delivered over as prescribed in the next section, or unless sooner subjected to execution upon another judgment recovered previous to the issuing of the writ of attachment. Debts and credits attached may be collected by the marshal, if the same can be done without suit. The marshal's receipt shall be a sufficient discharge for the amount paid.

SEC. 13. The marshal may deliver any of the property attached, to the defendant, or to any other person claiming it, and in whose possession it was attached, upon his giving a written undertaking therefor, executed by two or more sufficient sureties, engaging to redeliver

it, or pay the value thereof, to be ascertained by appraisement, to any marshal to whom execution upon a judgment obtained by the plaintiff in that action may be issued. If an action be brought upon such undertaking against the principal or his sureties, it shall be a defence that the property for which the undertaking was given did not, at the execution of the writ of attachment, belong to the defendant against whom it was issued.

SEC. 14. If any personal property attached be claimed by a third person as his property, the marshal may summon a jury to try the validity of such claim, and the same proceedings shall be had thereon, with the like effect, as in case of seizure upon execution.

SEC. 15. Whenever the marshal, with a writ of attachment against the defendant, shall apply to any person mentioned in section seven of this chapter, for the purpose of attaching the personal property therein mentioned, and such person shall deny that he has any personal property of the defendant, or shall refuse to give the certificate required in section eleven of this chapter, or if such certificate be unsatisfactory to the plaintiff, he may be required, by an order of the court, or of any judge thereof, to attend before such court or judge at a time therein stated, not less than ten days thereafter, and be examined on oath concerning the same.

SEC. 16. At any time after the allowance of such order, and before such person shall be required to attend, the plaintiff may exhibit written allegations and interrogatories touching the property, stock, or credits of the defendant, in the possession of, or held by such person as garnishee, or debts owing to the defendant by him; and such garnishee shall be required to make full, direct, and true answers to the same on oath.

SEC. 17. On the day when the garnishee, duly summoned, shall be required to attend before the court or judge, he shall exhibit on oath his answers to the allegations and interrogatories of the plaintiff, unless for good cause shown a further time shall be allowed; in default of such answer, such matters may be taken for confessed, or the court or judge may, upon motion, compel him to answer by attachment of his body.

SEC. 18. No final judgment, however, shall be rendered against the garnishee, until the action against the defendant in attachment is determined; and in no case for a greater amount than that sworn to by the plaintiff, with interest and costs.

SEC. 19. The plaintiff may except to the answer of any garnishee for insufficiency, and if the same shall be adjudged insufficient, the court or judge may allow the garnishee to amend his answer, in such time and on such terms as may be just, or the plaintiff may take as confessed the allegations not denied by such answer, or move the court or judge to attach the body of the garnishee to compel a sufficient


SEC. 20. The plaintiff may deny the answer of the garnishee in whole or in part, and the issues shall be tried as ordinary issues between plaintiff and defendant. If the answer be not excepted to, or denied in such time as the court or judge may deem proper, it shall be taken to be true and sufficient.

SEC. 21. If by the answer not excepted to, nor denied, or if upon trial it shall appear that the garnishee is possessed of property or effects of the defendant, or is indebted to the defendant, the value of such property or effects or of the debt being ascertained, judgment may be rendered against the garnishee for the proper amount in money, and in such case the court may make him a reasonable allowance for his trouble in answering, to be paid out of the funds confessed in his hands.

SEC. 22. Whenever any property, effects, money, or debts belonging or owing to the defendant shall be confessed or found by the court, judge, or jury to be in the possession of the garnishee, he may at any time before final judgment discharge himself dy delivering the same

to the marshal.

SEC. 23. Debts not yet due to the defendant may be attached, but no execution shall be awarded against the garnishee for such debts. until they shall become due.

SEC. 24. In all cases of controversy between the plaintiff and garnishee, the parties may be adjudged to pay or recover costs in the discretion of the court.

SEC. 25. The defendant or claimant may be required to attend before the court, judge, or jury, for the purpose of giving any necessary or proper information respecting the property attached, and may be thereupon examined on oath concerning the same.

SEC. 26. If judgment be recovered by the plaintiff against the defendant in such action, the marshal shall satisfy the same out of the property attached by him, if it be sufficient for that purpose:

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