BEO. 649. How property to be attached. 650. Certificate of defendant's interest to be furnished. 652. Rights of owner or master of vessel on which goods have bee 653. Foregoing section not to apply in certain cases. 654. Sheriff must make inventory. 655. Sheriff may maintain actions. 656. Perishable goods and animals to be sold. 657. Claim of property; how tried. 658. Proceedings, if claimant succeeds. 659. Finding, not to prejudice right of claimant. 660. Proceedings on claim to domestic vessel. 661. Appraisers to be sworn; valuation to be returned. 663. Vessel; when to be discharged. 664. When undertaking to be sued. 665. Defence in such an action; plaintiff's recovery. 667. Notice thereof. 668. Plaintiff to give undertaking with sureties. 669. Vessel; when to be discharged. 670. Terms on which debtor may claim vessel. 671, 672, 673. When vessel to be sold. 674. Sheriff to keep property. 675. Sheriff may be directed to pay money into court. 676. When he may be directed to release or deliver property. 677. Plaintiff may bring action in name of himself and the sherif 678. How leave to bring such an action procured. 679. Plaintiff may be joined with sheriff, after action commenced 680. Judge to direct as to management of such an action, etc. 681. Return of inventory; how enforced. § 643. [Repealed, 1877.] § 644.* Sheriff must attach property of defendant.The sheriff must immediately execute the warrant, by levying upon so much of the personal and real prop erty 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 ex penses. He must take into his custody all books of ac count, vouchers, and other papers, relating to the per sonal 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 this title. The sheriff, to whom a warrant of attach ment is delivered, may levy, from time to time, and as often as is necessary, until the amount, for which it was issued, has been secured, or final judgment has been rendered in the action, notwithstanding the ex piration of his term of office. Co. Proc., part of 232, and 2 R. S. 4, 87 (2 Edm. 4), am'd. Kelly Breusing, 33 Barb. 123; Rob v. Moffat, 3 Johns, 257; People v. Schuyler 5 Barb. 166; Smith v. Orser, 43 id. 18; Frost v. Mott, 34 N. Y. 25 Chamberlain v. Beller, 18 id. 115; Lummis v. Kasson, 43 Barb. 373 Rogers v. Welr, 34 N. Y. 463; Ransom v. Halcott, 18 Barb. 56; McKay $645. What interest in real property may be at- 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. The $648. [Amended, 1877.] Id.; bond, note, etc. attachment may also be levied upon a cause of action arising upon contract; including a bond, promissory Lote, 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 gov. ernment, 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. 180; Clark v. Goodridge, 41 N. Y. 210; O'Brien v. Mechanics' Ins. Co., New. McGinn v. Ross, 11 Abb. N. S. 20; Clark v. Warren, 7 Lans. Co., 10 Abb. 193; Kelly v. Babcock, 49 N. Y. 318; Thurber v. Blanck, 50 16 id. 52; Smith v. Am. Coal Co., 7 Lans. 317; Willet v. Equitable Ins. 14.80; Mechanics' Bank v. Dakin, 51 id. 519. $649. [Amended, 1889.] How property to be at tached. 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 hundred and fifty-five of this act, by entering in the proper clerk's office, the judgment rendered in said action, and there after levying on said property in the manner prescribed in subdivisions one, two and three of this section. Substitute for Co. Pro 8 225. (1) See Rodgers v. Bonner, 45 N. Y. 379; Larned v. Vandenburgh, 7 How. 379; Fitzgerald v. Blake, 28 id. 11. (2) U. S. v. Graff, 4 Hun, 634. (3) O'Brien v. Mechanics, etc., Fire Ins Co., 56 N. Y. 52; Clarke v. Goodridge, 41 id. 210; Clark v. Warren, Lans. 180; McGinn v. Ross, 11 Abb. N. S. 20; Miles v. Brown, 3 N. Y. Supr. 400: Pardee v. Leitch, 6 Lans. 303. 650. Certificate of defendant's interest to be furnished. Upon the application of a sheriff, holding a warrant of attachment, the president or other head of an association or corporation, or the secretary, cashier, or managing agent thereof, or a debtor of the defendant, or a person hold ing property, including a bond, promissory note, or other instrument for the payment of money, belonging to the defendant, must furnish to the sheriff a certificate, under his hand. specifying the rights or number of shares of the defendant, in the stock of the association or corporation, with all dividends declared, or incumbrances thereon; or the amount, nature, and description of the property, held for the benefit of the defendant, or of the defendant's interest in property so held, Substitute for part of 236, Co. Proc. O'Brien v. Mechanics, etc.. E. 651. Person refusing certificate may be examined. namined therein. Ry Co., 4 Hun, 630. Supersedes Carroll v. Finley, 26 Barb. 61; ReySubstitute for remainder of 236, Co. Proc. See Baxter v. Mo., etc., nolds r. 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 preon board of which goods of a defendant against whom a scribed in the next section, the owner or master of a vessel, 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 warthe owner or the master of the vessel, a written undertaking, rant; unless the plaintiff, his agent or attorney, executes to with sufficient sureties, in a sum specified therein, to pay him all expenses, damages, and charges, which may be incurred by from the vessel, and for all necessary detention of the vessel, for that purpose. The undertaking must be approved, with him, or to which he may be subjected, for unlading the goods judge of the county wherein the vessel is situated, or in the city respect to its form, the sum specified therein, and the sufficiency of the sureties, by a judge of the court, or the county and county of New-York, by a judge of a superior city court L. 1841, ch. 242,1 (4 Edm. 479), am'd. Taacks v. Schmidt, 18 Abb. within that city and county. . $653. Foregoing section not to apply in certain Owner or master, before the shipment of the goods, had actual cases.-The last section does not apply, where the information of the granting of the warrant, or where he has, for the purpose of screening them from legal process, or of In any wise,connived at, or been privy to, the shipment thereof, hindering, delaying, or defrauding creditors. 14.,22. 654. Sheriff must make inventory. The sheriff must, immediately after levying under a warrant of attachment, make, with the assistance of two disinterested freeholders, a description of the real property, and a just and true inventory of the personal property, upon which it was levied, and of the books, vouchers, and other papers taken into his custody, stating therein the estimated value of each parcel of real property attached, or of the interest of the defendant therein, and of each article of personal property, enumerating such of the latter as are perishable. The inventory must be signed by the sheriff and the appraisers; and must, within five. days after the levy, be filed in the office of the clerk of the county, where the property is attached. The first clause of 2 R. S. 4, 8 (2 Edm. 4), am'd. Vanderheyden v. Gray, 38 How. 367; Greenleaf v. Mumford, 30 id. 30; s. c., 19 Abb. 469; Kuhlman v. Orser, 5 Duer, 242; Lyman v. Cartwright, 3 E. D. Smith, 117. § 655. [Amended, 1889.] Sheriff may maintain ac tions. The sheriff must, subject to the direction of the court or judge, collect and receive all debts, effects, and things in action, attached by him. He may inaintain any action or special proceeding, in his name, or in the name of the defendant, which is necessary, for that purpose, or to reduce to his actual possession an article of personal property, capable of manual delivery, but of which he has been unable to obtain possession. And he may discontinue such an action or special proceeding, at such time and on such terms, as the court or judge directs. 2. Where the summons was served without the State, or by publication, pursuant to an order obtained for that purpose, as prescribed in chapter fifth of this act; and where the defendant has not appeared in the action (otherwise than specially) but has made default and before entering final judgment, the sheriff may, in aid of such attachment, maintain an action against the attachment debtor, and any other person or persons, or against any other person or persons, to compel the discovery of any thing in action, or other property belong. ing to the attachment debtor; and of any money, thing in action, or other property due to him, or held in trust for him, or to prevent the transfer thereof, or the payment or delivery thereof, to him or any other person, and the sheriff may, aid of such attachment, also maintain any other action against the attachment debtor and any other person or persons, or against any other person or persons, which may now be maintained by a judgment creditor in a court of equity, either before the return of an execution in aid thereof, or after the return of an execution unsatisfied. The judgment in any of the above-mentioned actions must provide and direct that the said property shall be applied by the sheriff, to the satisfaction of any judgment which the plaintiff may obtain in the attach ment action. in Co. Proc., part of § 232, am'd. Van Volkenburgh v. Bates, 14 Abb. N. S. 314, n. and cases cited; Lupton v. Smith, 5 T. & C. 274; S. C., 3 Hun, 1; 48 How. 261; Lanning v. Streeter, 57 Barb. 33; Kelly v. Breusing, 31 |