and fifty dollars. But this section does not apply to a case, where the action is brought for a cause specified in section 637 of this act, or where it is specially prescribed by law that security may be dispensed with, or where the security to be given is specially regulated by law. See. 811.

Co. Proc., 230, am'd. Whitney v. Deniston, 2 T. & C. 471; Kissam v. Marshall, 10 Abb. 424; In re Heller, 41 How. 213; Bennett v. Brown, 4 N. Y. 254. Sureties: Leffingwell v. Chave, 5 Bosw. 703; Courter v. McNamara, 9 How. 255; Askins v. Hearns, 3 Abb. 184; Kaiser v. Richardson, 5 Daly, 301. Action on: Beldersee v. Aden, 12 Abb. N. S. 324; 8. c., 62 Barb. 175; 2 Walt's Pr. 153.

§ 641. Contents of warrant; to whom directed. — The warrant must be subscribed by the judge and the plaintiff's attorney,(1) and must briefly recite the ground of the attachment.(2) It may be directed, either to the sheriff of a particular county, or, generally, to the sheriff of any county. It must require the sheriff to attach and safely keep, so much of the property, within his county, which the defendant has, or which he may have, at any time before final judgment in the action, as will satisfy the plaintiff's demand, with costs and expenses. The amount of the plaintiff's demand must be specified in the warrant, as stated in the affidavit. Warrants may be issued at the same time, to sheriffs of different counties.

Id., 231, am'd and enlarged. Ante, 55. (1) Genin v. Tompkins, 12 Barb. 265; Greenleaf v. Mumford, 19 Abb. 469; s. c., 30 How. 30; Kissam v. Marshall, 10 Abb. 424. (2) See Mayor v. Genet, 63 N. Y. 646; Delaney v. Brett, 1 Abb. N. S. 421.

§ 642. Validity of undertaking. It is not a defence to an action upon an undertaking, given upon granting a warrant of attachment, that the warrant was granted improperly, for want of jurisdiction, or for any other

cause.

New. Overrules Cadwell v. Colgate, 1 Barb. 253; Beldersee v. Aden, 12 Abb. N. S. 324; and see Coleman v. Bean, 1 Abb. App. Dec. 394, and Onderdonk v. Voorhies, 36 N. Y. 358.

ARTICLE SECOND.

EXECUTING THE WARRANT, PENDING THE ACTION.

BEC. 644. Sheriff must attach property of defendant.

645. What interest in real property may be attached.

646. Attachment of unpaid subscription to foreign corporation. 647. Id.; interest in corporation.

648. Id.; bond, note, etc.

§ 644.* Sheriff must attach property of defendant.The sheriff must immediately execute the warrant, by levying upon so much of the personal and real property of the defendant, within his county, not exempt from levy and sale by virtue of an execution, as will satisfy the plaintiff's demand, with the costs and expenses. He must take into his custody all books of account, vouchers, and other papers, relating to the personal property attached, and all evidences of the defendant's title to the real property attached, which he must safely keep, to be disposed of, as prescribed in is title. The sheriff, to whom a warrant of attachnt is delivered, may levy, from time to time, and as n as is necessary, until the amount, for which it issued, has been secured, or final judgment has rendered in the action, notwithstanding the exon of his term of office. dos harm then? 140 08 ., part of 232, and 2 R. S. 4, 87 (2 Edm. 4), am'd. Kelly . 33 Barb. 123; Rob v. Moffat, 3 Johns. 257; People v. Schuyler, Smith v. Orser, 43 1d. 18; Frost v. Mott, 34 N. Y. 253; Beller, 18 id. 115; Lummis v. Kasson, 43 Barb. 873

Rogers v. Weir, 34 N. Y. 463; Ransom. Halcott, 18 Barb. 56; McKay Harrower, 27 1d. 473: Thomp. Pro. Rem. 399; Lynch v. Crary, 52 N. Y. 181; U. S. v. Graff, 4 Hun, 634.

§ 645. What interest in real property may be attached. — The real property, which may be levied upon by virtue of a warrant of attachment, includes any interest in real property, either vested or not vested which is capable of being aliened by the defendant.

New. Lee v. Hunter, 1 Paige, 519; Rodgers v. Bonner, 45 N. Y. 379.

§ 646. Attachment of unpaid subscription to foreign corporation. Under a warrant of attachment against a foreign corporation, other than a corporation created by or under the laws of the United States, the sheriff may levy upon the sum remaining unpaid upon a subscription to the capital stock of the corporation, made by a person within the county; or upon one or more shares of stock therein, held by such a person, or transferred by him, for the purpose of avoiding payment thereof.

Substitute for part of L. 1845, ch. 234, 1 (3 Edm. 680).

§ 647. Id.; interest in corporation. The rights or shares which the defendant has in the stock of an association or corporation, together with the interest and profits thereon, may be levied upon; and the sheriff's certificate of the sale thereof entitles the purchaser to the same rights and privileges, with respect thereto, which the defendant had, when they were so attached. Co. Proc., 234, and final clause of 237. Smith v. Am. Coal Co., 7 Lans. 317; Pardee v. Leitch, 6 id. 303.

§ 648. [Amended, 1877.] Id.; bond, note, etc. — The attachment may also be levied upon a cause of action arising upon contract; including a bond, promissory note, or other instrument for the payment of money only, negotiable or otherwise, whether past due, or yet to become due, executed by a foreign or domestic government, state, county, public officer, association, municipal or other corporation, or by a private person, either within or without the State; which belongs to the defendant, and is found within the county. The levy of the attachment thereupon is deemed a levy upon, and a seizure and attachment of, the debt represented thereby.

New. McGinn v. Ross, 11 Abb. N. S. 20; Clark v. Warren, 7 Lans 180: Clark v. Goodridge, 41 N. Y. 210; O'Brien v. Mechanics' Ins. Co., 56 id. 52; Smith v. Am. Coal Co., 7 Lans. 317; Willet v. Equitable Ins Co., 10 Abb. 198; Kelly v. Babcock, 49 N. Y. 318; Thurber v. Blanck, 50 d. 80; Mechanics' Bank v. Dakin, 51 id. 519.

$649. [Amended, 1889.] How property to be attached.-A levy under a warrant of attachment must be made as follows:

1. Upon real property, by filing with the clerk of the county, where it is situated, a notice of the attachment, stating the names of the parties to the action, the amount of the plaintiff's claim, as stated in the warrant, and a description of the particular property levied upon. The notice must be subscribed by the plaintiff's attorney, adding the office address; and must be recorded and indexed by the clerk, in the same book, in like manner, and with like effect, as a notice of the pendency of an action. (1)

2. Upon the personal property, capable of manual delivery, including a bond, promissory note, or other instrument for the payment of money, by taking the same into the sheriff's actual custody.(2) He must thereupon, without delay, deliver to the person from whose possession the property is taken, if any, a copy of the warrant, and of the affidavits upon which it was granted.

3. Upon other personal property, by leaving a certified copy of the warrant, and a notice showing the property attached, with the person holding the same: or, if it consists of a demand, other than as specified in the last subdivision, with the person against whom it exists; or, if it consists of a right or share in the stock of an association or corporation, or interests or profits thereon, with the president, or other head of the association or corporation, or the secretary, cashier, or managing agent thereof. (3)

4. [Added, 1889.] Upon property discovered in any action brought as prescribed in subdivision two of section six undred and fifty-five of this act, by entering in the proper clerk's office, the judgment rendered in said action, and thereafter levying on said property in the manner prescribed in subdivisions one, two and three of this section.

Substitute for Co. Proc., 225. (1) See Rodgers v. Bonner, 45 N. Y. 379; Larned v. Vandenburgh, 7 How. 379; Fitzgerald v. Blake, 28 id. 110. (2) U. S. v. Graff, 4 Hun, 634. (3) O'Brien v. Mechanics, etc., Fire Ins. Co., 56 N. Y. 52; Clarke . Goodridge, 41 id. 210; Clark v. Warren, 7 Lans. 180; McGinn v. Ross, 11 Abb. N. S. 20; Miles v. Brown, 3 N. Y. Supt. 400: Pardee v. Leitch, 6 Lans. 303.

650. Certificate of defendant's interest to be furhed. Upon the application of a sheriff, holding a at of attachment, the president or other head of an assoor corporation, or the secretary, cashier, or managing reof, or a debtor of the defendant, or a person holderty, including a boud, promissory note, or other int for the payment of money, belonging to the defendst furnish to the sheriff a certificate, under his hand, g the rights or number of shares of the defendant, in of the association or corporation, with all dividends of incumbrances thereon; or the amount, nature, tion of the property, held for the benefit of the

defendant, or of the defendant's interest in property so held, or of the debt or demand owing to the defendant, as the case requires.

Substitute for part of 236, Co. Proc. O'Brien v. Mechanics, etc., E.. Ins. Co., 56 N. Y. 52; Baxter v. Mo., etc., Railway Co., 4 Hun, 630; Schieb v. Baldwin, 22 How. 278; 8. c., 13 Abb, 469; Skinner v. Stuart, 13 id. 443; s. c., on appeal, 24 How. 489; 15 Abb. 391; Bank v. Sturgis, 9 Bosw. 690.

651. Person refusing certificate may be examined. If a person, to whom application is made, as prescribed in the last section, refuses to give such a certificate; or if it is made to appear, by affidavit, to the satisfaction of the court, or a judge thereof, or the county judge of the county to which the warrant is issued, that there is reason to suspect that a certificate given by him is untrue, or that it fails fully to set forth the facts, required to be shown thereby; the court or judge may make an order, directing him to attend, at a specified time, and at a place within the county to which the warrant is issued, and submit to an examination under oath, concerning the same. The order may, in the discretion of the court or judge, direct an appearance before a referee named therein.

Substitute for remainder of 236, Co. Proc. See Baxter v. Mo., etc., Ry Co., 4 Hun, 630. Supersedes Carroll v. Finley, 26 Barb. 61; Reynolds v. Fisher, 48 id. 146. Also L. 1848, ch. 53, 21 (3 Edm. 681).

§ 652. Rights of owner or master of vessel on which goods have been shipped. Except as otherwise prescribed in the next section, the owner or master of a vessel, on board of which goods of a defendant against whom a warrant of attachment is issued, have been shipped for transportation, without reshipment or trans-shipment in the State, to a port or place without the State, may transport and deliver them according to their destination, notwithstanding the warrant; unless the plaintiff, his agent or attorney, executes to the owner or the master of the vessel, a written undertaking, with sufficient sureties, in a sum specified therein, to pay him all expenses, damages, and charges, which may be incurred by him, or to which he may be subjected, for unlading the goods from the vessel, and for all necessary detention of the vessel, for that purpose. The undertaking must be approved, with respect to its form, the sum specified therein, and the sufficiency of the sureties, by a judge of the court, or the county judge of the county wherein the vessel is situated, or in the city and county of New-York, by a judge of a superior city court within that city and county.

L. 1841, ch. 242, 8 1 (4 Edm. 479), am'd. Taacks v. Schmidt, 18 Abb. 307.

cases.

§ 653. Foregoing section not to apply in certain -The last section does not apply, where the owner or master, before the shipment of the goods, had actual information of the granting of the warrant, or where he has, in any wise,connived at, or been privy to, the shipment thereof, for the purpose of screening them from legal process, or of hindering, delaying, or defrauding creditors.

Id., 2.