§ 304. Affidavit stating incorrect value; judgment against officer or sureties

When, in an action to recover the possession of personal property, the person making an affidavit did not truly state the value of the property, and the officer taking the property or the sureties on a bond or undertaking are sued for taking it, the officer or sureties may in their answer set up the true value of the property, and that the person in whose behalf the affidavit was made was entitled to the possession of the property when the affidavit was made, or that the value in the affidavit stated was inserted by mistake, the court shall disregard the value as stated in the affidavit, and give judgment according to the right of possession of the property at the time the affidavit was made.

Subchapter III-Injunctions

§ 321. Injunction defined; grant and enforcement

An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the district court, or the judge thereof, in any action brought in that court; and when granted by the judge, it may be enforced as an order of the court.

§ 322. Grounds for grant or denial of injunction (a) An injunction may be granted when:

(1) it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually;

(2) it appears by the complaint or affidavits that the commission or continuance of an act during the litigation would produce waste, or great or irreparable injury, to a party to the action;

(3) it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, an act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual;

(4) pecuniary compensation would not afford adequate relief; (5) it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief:

(6) the restraint is necessary to prevent a multiplicity of judicial proceedings; or

(7) the obligation arises from a trust. (b) An injunction may not be granted to:

(1) stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless the restraint is necessary to prevent a multiplicity of proceedings; (2) prevent the execution of a public statute by officers of the law for the public benefit;

(3) prevent the breach of a contract, the performance of which would not be specifically enforced; or

(4) prevent the exercise of a public or private office, in a lawful manner, by the person in possession.

Subchapter IV-Attachment

8341. Actions in which authorized

(a) The plaintiff, at the time of issuing the summons or at any time afterward, 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 the judgment, as provided in this subchapter, in the following cases:

(1) in an action upon a contract, express or implied, for the direct payment of money, where the contract is made or is payable in the Canal Zone, and is not secured by a mortgage or lien upon real or personal property, or a pledge of personal property, or, if originally so secured, the security has, without any act of the plaintiff or the person to whom the security was given, become valueless;

(2) in an action upon a contract, express or implied, against a defendant not residing in the Canal Zone, or who can not after due diligence be found within the Canal Zone, or who conceals himself to avoid service of summons; or

(3) in an action against a defendant not residing in the Canal Zone, or who has departed from the Canal Zone, or who can not after due diligence be found within the Canal Zone, or who conceals himself to avoid service of summons, to recover a sum of money as damages, arising from an injury to person or property in the Canal Zone, in consequence of negligence, fraud, or other wrongful act.

(b) An action upon any liability, existing under the laws of the Canal Zone, of a spouse, relative or kindred, for the support, maintenance, care or necessaries furnished to the other spouse, or other relatives or kindred, is deemed to be an action upon an implied contract within the term as used throughout all paragraphs of subsection (a) of this section.

§ 342. Affidavit for attachment

The clerk of the court shall issue the writ of attachment upon receiving an affidavit by or on behalf of the plaintiff showing:

(1) the facts specified by section 341 of this title which entitle him to the writ;

(2) the amount of the indebtedness claimed, over and above all legal setoffs or counterclaims, or the amount claimed as damages; and

(3) that the attachment is not sought, and the action is not prosecuted, to hinder, delay, or defraud any creditor of the defendant.

§ 343. Undertaking on attachment; exceptions to sureties

Before issuing a writ of attachment, the clerk shall require a written undertaking on the part of the plaintiff, in a sum not less than $200 and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers 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, and that if the attachment is discharged on the ground that the plaintiff was not entitled thereto pursuant to section 341 of this title, the plaintiff will pay all damages which the defendant may have sustained by reason of the attachment, not exceeding the sum specified in the undertaking.

At any time after the issuing of the attachment, but not later than five days after actual notice of the levy thereof, the defendant may ex

cept to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When excepted to, the plaintiff's sureties, upon notice to the defendant of not less than two or more than five days, shall justify before the judge or clerk of the court in the same manner as upon bail on arrest; and upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the judge or clerk shall issue an order vacating the writ of attachment.

§ 344. Direction and command of writ; more than one defendant (a) The writ of attachment shall be directed to the marshal, and require him to attach and safely keep all the property of the defendant within the Canal Zone not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand against the defendant, the amount of which shall be stated in conformity with the complaint, unless the defendant gives him security by the undertaking of at least two sufficient sureties in an amount sufficient to satisfy the demand against the defendant, besides costs, or in an amount equal to the value of the property of the defendant which has been or is about to be attached; in which case to take such undertaking.

(b) If the action is against more than one defendant, any defendant whose property has been or is about to be attached in the action may give the marshal the undertaking, and the marshal shall take the same, and the undertaking shall not subject the defendant to or be answerable for any demand against any other defendant, nor shall the marshal thereby be prevented from attaching or be obliged to release from attachment, any property of any other defendant. The defendant, at the time of giving the undertaking to the marshal, shall file with the marshal a verified statement wherein the defendant shall aver and declare that the other defendant or defendants in the action in which the undertaking was given has or have not any interest or claim of any nature whatsoever in or to the property. The statement shall further contain the character of the defendant's title and the manner in which he acquired title to the attached property. Before the attachment is released, the undertaking required by this section must be approved by the judge or, in the absence or disability of the judge, by the clerk of the court.

§ 345. Property subject to attachment; sale to satisfy judgment The rights or shares which the defendant may have in the stock of a corporation or company, together with the interest and profit thereon, and all debts due the defendant, and all other property in the Canal Zone of the defendant not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution.

§ 346. Method of attaching real and personal property; garnishment

The marshal to whom the writ of attachment is directed and delivered shall execute it without delay, and if the undertaking specified by section 344 of this title is not given, as follows:

(1) Real property shall be attached by filing with the registrar of property a copy of the writ, together with a description of the property attached, and a notice that it is attached; and by leaving a similar copy of the writ, description, and notice with an occupant of the property, if there is one; if not, then by posting it in a conspicuous place on the property attached.

(2) Real property, or an interest therein, belonging to the defendant, and held by any other person, shall be attached, by filing with the registrar of property a copy of the writ, together with a description of the property, and a notice that the real property, and any

interest 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 into 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 filing 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.

§ 349. Same; liability of garnishee

Persons having in their possession, or under their control, credits or other personal property belonging to the defendant, or owing debts to the defendant at the time of service upon them of a copy of the writ and notice, as provided by sections 346 and 348 of this title, unless the property is delivered up or transferred, or the debts are paid to the marshal, are liable to the plaintiff for the amount of the credits, property, or debts, until the attachment is discharged, or any judgment recovered by him is satisfied.

§ 350. Same; examination of garnishee and defendant; order for delivery or memorandum of property

(a) Persons owing debts to the defendant, or having in their possession or under their control, credits or other personal property belonging to the defendant, may be required to attend before the court, or in case of the absence or disability of the judge before the clerk of the court, and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting his property, and may be examined

on oath.

(b) In lieu of, or in addition to, examination before the court, the plaintiff may examine any person referred to in subsection (a) of this section, including the defendant, in the manner provided by the Federal Rules of Civil Procedure for taking depositions.

(c) After the examination, the court may order personal property, capable of manual delivery, to be delivered to the marshal on such terms as may be just, having reference to any liens thereon or claims against it, and a memorandum to be given of all other personal property, containing the amount and description thereof.

§ 351. Marshal's return; inventory; memorandum of garnishee The marshal shall make a full inventory of the property attached, and return it with the writ. To enable him to make a return as to debts and credits attached, he shall request, at the time of service, the party owing the debt or having the credit to give him a memorandum, stating the amount and description of each; and if the memorandum is refused, he shall return the fact of refusal with the writ. The party refusing to give the memorandum may be required to pay the costs of any proceedings taken for the purpose of obtaining information respecting the amounts and description of the debt or credit. § 352. Perishable property; custody of other property; collection of debts and credits

If any of the property attached is perishable, the marshal shall sell it in the manner in which such property is sold on execution. The proceeds, and other property attached by him, shall be retained by him to answer any judgment that may be recovered in the action, unless sooner subjected to execution upon another judgment recovered previous to the issuing of the attachment. Debts and credits attached may be collected by him, if it can be done without suit. The marshal's receipt is a sufficient discharge for the amount paid. § 353. Sale of attached property

If property is taken by an officer under a writ of attachment, and it is made to appear satisfactorily to the court that the interest of the parties to the action will be subserved by a sale thereof, the court may order the property to be sold in the same manner as property is sold under an execution, and the proceeds to be deposited in the court to abide the judgment in the action. The order may be made only upon notice to the adverse party or his attorney, if the party has been personally served with a summons in the action.