Sureties to justify if TITLE 3. § 690. An undertaking, given as prescribed in the last two sections, must be forthwith filed with the clerk. A copy thereof, with a notice required. of the filing must be forthwith served upon the plaintiff's attorney; who may, within three days thereafter, give notice to the sheriff, that he excepts to the sufficiency of the sureties. Thereupon the sureties must justify, upon the like notice, and in like manner, as bail upon an arrest; or a new undertaking must be given, with new sureties, who must justify in like manner. If the plaintiff does not except, as prescribed in this section, he is deemed to have waived all objection to the sureties. Sheriff may retain property § 691. The sheriff is responsible for the sufficiency of the sureties; and he may retain possession of the property attached, and the prountil justi ceeds thereof, until the objection to them is waived, as prescribed in fication. the last section, or they, or the new sureties, justify. provisions Foregoing § 692. The last five sections are applicable, where a vessel, or a applicable share or interest therein is attached. If it is necessary, to enable the to vessels. defendant to discharge the attachment, the court or judge may, by order, stay any proceedings specified in article second of this title, or extend the time to do any act therein specified. Partners may apply to discharge at § 693. If a warrant of attachment is levied upon the interest of one or more partners, in goods or chattels of a partnership, the other parttachment. ners, who are not defendants in the action, or any of them, may at any time before final judgment, apply to the judge who granted the warrant, or to the court, upon an affidavit showing the facts, for an order to discharge the attachment, as to that interest. Undertaking to § 694. Upon such an application, the applicant must give an underbe given. taking, with at least two sufficient sureties, to the effect that they will pay to the sheriff, on demand, the amount of any judgment, which may be recovered against the partner who is defendant in the action; or which may be recovered against him, in any other action, wherein the other partners are not defendants, and wherein a warrant of attachment, or an execution, may come to the sheriff's hands, at any time before the warrant of attachment, which was so levied, is vacated or annulled; not exceeding a sum, specified in the undertaking, which must not be less than the value of the interest of the defendant, in the goods or chattels seized by virtue of the attachment, as fixed by the court or judge; if the value, in the opinion of the court or judge, is uncertain, the sum shall be such as the court or judge determines. ascertain § 695. For the purpose of fixing the sum, or determining the sufficiency of the sureties, the court or judge may receive affidavits or oral testimony, or may direct a reference. Court or judge may value. When plaintiff. entitled to notice of any appli cation, etc. § 696. The court or judge may direct, that the plaintiff have notice of an application for a discharge of property, as prescribed in this article, or of the hearing under an order of reference, made as prescribed in the last section; and, if the applicant does not appear, where notice has been given, the application may be dismissed or denied. 126 ARTICLE FOURTH. REGULATIONS WHERE THERE ARE TWO OR MORE WARRANTS AGAINST THE SAME SECTION 697. Preferences of two or more warrants. 698. Rule as to levy under a junior warrant. *699. Subsequent warrants to be under control of judge, who issued first warrant. *700. The last section qualified. 701. Undertaking, by junior attaching creditor, to prevent release of 702. Rule as to subsequent attachment of foreign vessel. 703. Rights of junior plaintiff in action by senior plaintiff and sheriff jointly. 704. Junior plaintiff may be allowed to commence action jointly with sheriff. 705. Rights of third and other subsequent attaching creditors. ART. 4. 328581406 two or rants. a junior at $697. Where two or more warrants of attachment, against the same Prefer- junior at creditor, 8701. Where a foreign vessel, or a share or interest therein, has been Under- the same attachment y the first plaintiff. And if he furnishes it, within that time, he has Ander *Stricken out. vessel. TITLE 3. Rights of junior plaintiff in action by senior plaintiff and sheriff jointly. Junior plaintiff lowed to commence action jointly with sheriff. the plaintiff therein, and the plaintiff in each warrant subsequent delivered to the sheriff, have the same rights, and privileges, and a subject to the same duties and liabilities, with respect to the vessel ar its proceeds, and the subsequent proceedings relating thereto, as if t warrant, under which it was attached, was the first warrant. § 703. Where the plaintiff in a warrant of attachment has co menced an action, in the name of himself and the sheriff jointly, prescribed in this title, a plaintiff in a junior warrant may apply to t court or judge, to direct as to the conduct, discontinuance, or sett ment of the same, or to impose terms, conditions, and regulations as the continuance thereof, in the interest of the applicant; and su order may be made thereupon, as justice requires. If the first warra is vacated, or the attachment thereunder is released or discharged, wit out affecting the cause of action prosecuted by the plaintiff therein a the sheriff jointly, the plaintiff in the warrant next in order, may, up his own application, be substituted as joint plaintiff with the sheri by an order, made as upon an application for leave to bring such action. § 704. A plaintiff in a second warrant may apply to the court may be al judge, upon notice to the plaintiff in the first warrant, and to sheriff, for leave to bring and maintain, in the name of himself and sheriff jointly, any action, which might be brought in the name of senior plaintiff and the sheriff. If it appears that the plaintiff in first warrant neglects or refuses to be joined with the sheriff in s an action, or to comply with the terms, conditions, and regulatio imposed, either upon granting him an order for that purpose, or the hearing of an application, made as prescribed in this section, court or judge may grant to the plaintiff in the second warrant, le to bring and maintain such an action, in the name of himself and sheriff jointly, with like effect, as if his was the first warrant. Rights of third and other sub sequent attaching § 705. Where there are more than two warrants of attachm against the same defendant, the plaintiffs in the third and each sequent warrant have, according to their respective priorities, the s creditors. rights and privileges, as against the plaintiffs in all senior warra which the plaintiff in the second warrant has, as against the plai in the first, and are subject to the same duties and liabilities; ex that a second extension of the time, within which to furnish an un taking to prevent the release of a foreign vessel, or a share or int therein, shall not be granted. And the plaintiffs in two or more ju warrants of attachment, may, by agreement among themselves, jointly, and for their common benefit, any proceeding, permitte this title to be taken, by the plaintiff in a second or subsequent wa of attachment; provided that it does not interfere with the prefere or other right of an intermediate plaintiff. ARTICLE FIFTH. PROCEEDINGS AFTER JUDGMENT; RIGHTS OF PARTIES AND DUTIES OF THE SH SECTION 706. Execution to issue to sheriff who has levied. 707. Only attached property bound when summons not personally s 708. Judgment in the principal action; how satisfied. 709. When attachment discharged, etc., property to be restored to d ant. Section 710. Additional provision for his relief. 711. Cancelling notice attaching real property. 712. When sheriff to return warrant and his proceedings. ART. 5. sheriff who $706. Where a levy, under a warrant of attachment in an action, Execution has been made, an execution against property, upon a final judgment to issue to in favor of the plaintiff therein, recovered after the expiration of the has levied. term of office of the sheriff, who made the levy, must nevertheless be directed to an executed by that sheriff, unless another person is designated by law to complete the unfinished business pertaining to his fe; or, in that case, to the person so designated. tached when sum $707. Where a defendant who has not appeared is a non-resident of Only atthe state, or a foreign corporation, and the summons was served with- property at the State, or by publication, pursuant to an order obtained for that bound, purpose, as prescribed in chapter fifth of this act, the judgment can be mons not forced only against the property which has been levied upon, by Berved. irtue of the warrant of attachment, at the time when the judgment is entered. But this section does not declare the effect of such a judgment, with respect to the application of any statute of limitation. $708 Where an execution against property is issued upon a judg- Judgment ment for the plaintiff, in an action in which a warrant of attachment cipal achas been levied, the sheriff must satisfy it, as follows: 1. He must pay over to the plaintiff all money attached by him, d the proceeds of the sales of perishable property, or of a sel, or share or interest therein, or animals, sold by him, or of debts or other things in action collected or sold by him; or so ch thereof as is necessary to satisfy the judgment. 2. If f any balance remains due, he must sell, under the execution, e other personal property attached, or so much thereof as is necesincluding rights or shares in the stock of an association or corration, or a bond or other instrument for the payment of money, ted and issued with the interest coupons annexed, if any, by a ernment, State, county, public officer, or municipal or other corpor, which is in terms negotiable, or payable to the bearer or holder, principal whereof is not then payable; but not including any or thing in action. If the proceeds of that property are cient to satisfy the judgment, and the execution requires him to y it out of any other personal property of the defendant, he must the personal property, upon which he has levied by virtue of the tion. If the proceeds of the personal property, applicable to the tion, are insufficient to satisfy the judgment, the sheriff must sell, the execution, all the right, title, and interest, which the defendhad in the real property attached, at the time when the notice was or at any time afterwards, before resorting to any other real erty. If personal property attached, belonging to the defendant, has ont of the hands of the sheriff without having been sold or erted into money, and the attachment has not been discharged, as in the prin tion; how satisfied. at property, he must, if practicable, regain possession thereof; for that purpose, he has all the authority which he had, to seize me under the warrant. A person who wilfully conceals or withsach property from him, is liable to double damages, at the suit e party aggrieved. . TITLE 3. When attachment discharg ed, etc., property stored to 4. Until the judgment is paid, he may collect the debts and other things in action attached, and prosecute any undertaking, which he has taken in the course of the proceedings, and apply the proceeds thereof to the payment of the judgment. 5. At any time after levying the attachment, the court, upon the petition of the plaintiff, accompanied with an affidavit, specifying fully all the proceedings of the sheriff, since the levy under the warrant, the property attached, and the disposition thereof; and the affidavit of the sheriff, showing that he has used diligence, in endeavoring to collect the debts and other things in action attached, and that a portion thereof remains uncollected; may direct the sheriff to sell the remaining portion, upon such terms, and in such manner, as it thinks proper. Notice of the application must be given to the defendant's attorney, if the defendant appeared in the action. If the summons was not personally served on the defendant, and he did not appear, the court may make such order as to the service of notice, as it thinks proper; or may grant the application without notice. § 709. Where a warrant of attachment is vacated, or annulled, or an attachment is discharged, upon the application of the defendant, the sheriff must, except in a case where it is otherwise specially prescribed to be re- by law, deliver over to the defendant, or to the person entitled thereto, defendant, upon reasonable demand, and upon payment of all costs, charges, and expenses, legally chargeable by the sheriff, all the attached personal property remaining in his hands, or that portion thereof, as to which the attachment is discharged; or the proceeds thereof, if it has been sold by him. Additional § 710. Where the sheriff is required, by this title, to deliver attached provision for his relief. Cancelling notice attaching erty. property, or the proceeds thereof, to the defendant, he must also deliver to him, unless otherwise specially directed by the court or judge, all books of account, vouchers, evidences of debt, muniments of title, or other papers, relating to the property, either real or personal, or to its proceeds; together with all undertakings, relating thereto, which he has taken in the course of the proceedings, and which have not been fully satisfied; except an undertaking, given by the defendant, upon the discharge of property. He must also deliver a written assignment duly acknowledged, of each undertaking, so delivered, and of each other instrument, to which the defendant is thus entitled, an assignment of which is necessary to perfect or protect the defendant's title thereto. The defendant must also, but upon his own application only, be substituted in the place of the sheriff, or the sheriff and the plaintiff jointly, in an action brought as prescribed in this title; but the court or judge may impose, as a condition of granting the order of substitution, such terms as justice requires, with respect to indemnity and payment of expenses. The defendant's rights, with respect to property attached and not disposed of, and an undertaking, or other instrument, to which he is thus entitled, are the same as those of the sheriff while the warrant was still in force, except where his rights are specially defined or regulated by law. §711. At any time after the warrant of attachment has been vacated or annulled, or the attachment has been discharged as to real property real prop- attaahed, the court may, in its discretion, upon the application of any person aggrieved, and upon such notice as it deems just, direct that any notice, filed for the purpose of attaching the property, be cancelled of record, by the clerk of the county where it is filed and recorded. The cancellation must be made by a note, to that effect, on the margin of the record, referring to the order; and, unless the order is entered in |