his county, or so much thereof as may be sufficient to satisfy the plaintiff's demand, together with costs and expenses; the amount of which must be stated in conformity with the complaint, together with costs and expenses. Several warrants may be issued at the same time to the sheriffs of different counties.

a. Requisites of warrant.-An attachment under the code is simply the written order of the judge; it does not require formal teste, signature of clerk, or seal. Although it must be signed by the judge granting it, it is not essential that the copy served should have a copy of the judge's signature subscribed to it (Greenleaf v. Mumford, 19 Abb. 469; 30 How. 30). An attachment is not void for omitting to state "that it was issued in an action then pending" (Lawton v. Reil, 34 How. 465). The signature of the attorney to the warrant should be required. No return day need be inserted (Genin v. Tompkins, 12 Barb. 287; see 1 Code Rep. N. S. 16). The warrant of attachment may be allowed to be amended by supplying the signature of the plaintiff's attorney, even on the motion to vacate for the want of such signature (Kissam v. Marshall, 10 Abb. 424).

§ 232. Mode of proceeding in executing warrant.

The sheriff to whom such warrant of attachment is directed and delivered, shall proceed thereon in all respects in the manner required of him by law in case of attachments against absent debtors; shall make and return an inventory; and shall keep the property seized by him, or the proceeds of such as shall have been sold, to answer any judgment which may be obtained in such action; and shall, subject to the direction of the court or judge, collect and receive into his possession all debts, credits, and effects of the defendant. The sheriff may also take such legal proceedings, either in his own name or in the name of such defendant, as may be necessary for that purpose, and discontinue the same at such times and on such terms as the court or judge may direct.

b. The manner in which a sheriff is required by law to proceed on a warrant in cases of attachment against absent debtors, is prescribed by 2 R. S. 4, as amended; laws 1840, ch. 354. His duty is the same on attachments as on executions.

c. The sheriff may lawfully require a bond of indemnity before executing an attachment upon goods not in the possession of the debtor, but of a third person, who claims them as his own. Such a bond is not within the prohibition of obligations, taken by color of office, although the statute under which the attachment issues provides for indemnity only after the verdict of a sheriff's jury (Chamberlain v. Bellar, 18 N. Y. 115).

d. An attachment out of the Supreme Court may be executed before the summons is served (Treadwell v. Lawler, 15 How. 8). As to attachments out of New York Superior Court, see in note to § 227, ante).

e. To render a seizure of property under process effectual, it must be accompanied by possession. The sheriff must not only seize but take the attached property into his custody and keep possession (The People v. Schuyler, 5 Barb. 166). In case of neglect of duty in this respect, the sheriff is personally responsible (Smith v. Orser, 43 Barb. 187). A levy on bills of lading

is not a levy on the goods (Taacks v. Schmidt, 18 Abb. 308). And as to levy on goods on board a vessel where the master makes himself receiptor (id.) a sheriff cannot execute an attachment out of his own county (Re Tilton, 19 Abb. 50). After a levy, and after judgment and execution and levy on the execution, when the property is taken out of the possession of the sheriff, he may, on being indemnified by the plaintiff, return the execution nulla bona (Lummis v. Kasson, 43 Barb. 373).

a. Where the sheriff neglected to levy sufficient property to satisfy the debt, defendant having sufficient property within reach, held that the sheriff was liable for the deficiency (Ransom v. Halcott, 18 Barb. 56; 9 How. 119).

b. A sheriff who has seized property under attachment, and subsequently sold it under an execution on the judgment in the action, may, in an action against him by an alleged assignee of the attachment debtor to recover the value of such property, attack the validity of the alleged assignment (Jacobs v. Remsen, 12 Abb. 390; Schlussel v. Willet, 12 Abb. 397; 34 Barb. 615; Rinchey v. Stryker, 26 How. 75).

c. A levy under an attachment does not amount to a satisfaction of the debt (McBride v. Farmers' Bank of Salem, 28 Barb. 476).

d. A plaintiff who directs a sheriff to take property which does not belong to the defendant is liable in an action for the property taken (Marsh v. Backus, 16 Barb. 483). A sheriff seizing goods of one not named as a debtor in the attachment is a trespasser (Kuhlman v. Orser, 5 Duer, 543; see 28 N. Y. 574, 659).

e. This section does not authorize an action by the plaintiff in the attachment to obtain possession of the tangible property attached, nor to collect debts due the defendant in the attachment (Skinner v. Stuart, 39 Barb. 206).

f. What property may be attached.-Property in this section means, property within the definition in sections 463 and 464 (Coddington v. Gilbert, 17 N. Y. 489). Any property in the defendant's possession to which he claims title (Treadwell v. Lawlor, 15 How. 8). Partnership property may be levied upon an attachment against one partner (Goll v. Hinton, 8 Abb. 120; Brewster v. Honigsberger, 2 Code R. 50; Hergman v. Dettleback, 11 How. 46); but only the interest of the defendant can be sold (Abels v. Westervelt, 24 How. 284). On an attachment against one or more members of a firm, the sheriff must serve it upon the interest of the defendants in the joint property of the firm (id.) The amount of property to be seized is within the discretion of the sheriff, and he is responsible to both parties for its proper exercise. Neither party can dictate the extent of the levy. The plaintiff may point out the property and require a levy on so much as will be sufficient (Fitzgerald v. Blake, 42 Barb. 513). A levy upon the interest of a special partner in the property of a firm does not deprive such partner of his interest or the right to an account, or prevent him from collecting any surplus remaining over and above such claims as the sheriff has upon it (Harris v. Murray, 28 N. Y. 574). The sheriff may seize property which a defendant has disposed of to defraud his creditor (Rinchey v. Stryker, 31 N. Y. 140; 26 How. 75; Mechanics' B'k of Jersey City v. Dakin, 50 Barb. 587; 33 How. 316). Money deposited in lieu of bail (Salter v. Weiner, 6 Abb. 191). Property in the custody of the law cannot be attached (Jenner v. Jolliffe, 6 Johns. 9; 9 id. 381). But this rule does not apply to the cases where the property seized belongs to a stranger to the action, and the seizure is void (Fairbanks v. Bloomfield, 5 Duer, 434). Bonds executed by a railroad company, and in the hands of its agents, to be negotiated for its use, cannot be seized on an attachment against the company, so as to give the attaching creditor a right to enforce the bonds against the company, or any claims against parties who had guaranteed such bonds to negotiate them (Coddington v. Gilbert, 17 N. Y. 489). Goods shipped by a vendor, for transportation to the purchaser,-held, not such a delivery as rendered them liable on the ship to an attachment against the vendee (Jones v. Bradner, 10 Barb. 193).

g. A mortgagor in a chattel mortgage not due, has an interest in the mortgaged chattels, subject to seizure on an attachment (Hall v. Sampson, 23 How.

84; see Manning v. Monaghan, 23 N. Y. 539). Whatever may be taken on execution may be taken on attachment. But a bill of lading in the hands of a consignee is not property within the meaning of section 464, and is not leviable upon by attachment (Paterson v. Perry, 10 Abb. 83). A debt due by a foreign corporation which has no agency in this State, to a nonresident of this State, is not the subject of attachment under this chapter, in an action by a third party against the nonresident (Willett v. Equit. Ins. Co. 10 Abb. 193). Goods in the hands of a consignee who has made advances thereon, cannot be levied upon and taken possession of under an attachment against the property of the consignor. But the interest of the consignor in such goods may be levied upon (Brownell v. Carnley, 8 Duer, 9).

a. A foreign corporation contracted with a manufacturer in this State for certain articles to be made for them and delivered to them at New Orleans, the corporation to pay the charges of transportation. The articles were made within this State, and here delivered to an express company, directed to the corporation at New Orleans. Held that the title did not pass to the corporation until delivered to them at New Orleans, and that consequently the goods were not liable to be attached in a suit against the corporation during their transit to the border of the State. A claim contingent upon the happening of a future event is not, while the contingency lasts, a debt liable to attachment. A debt due from a debtor not within this State, to a creditor also not within this State, is not liable to attachment here, although the evidence of debt-e. g. the bond, note, &c.,- may be within the State (Bates v. New Orleans, &c. R. R. Co. 4 Abb. 72; 13 How. 516; Lyman v. Cartwright, 3 E. D. Smith, 117).

b. Letters and correspondence are not among the papers which the statute authorizes to be taken under process (Hergman v. Dettleback, 11 How. 46).

c. An attachment cannot be levied upon money of the defendant deposited in a bank in the name of another, and credited by the bank to that other (Greenleaf v. Mumford, 35 How. 148; 4 Abb. N. S. 130).

d. Action by sheriff.-Form of complaint by sheriff suing under the authority of this section (Kelly v. Breusing, 32 Barb. 601; 33 Barb. 123).

e. The power given to the sheriff by this section is merely cumulative, and does not deprive the plaintiff of his right to enforce his lien by action (Skinner V. Stuart, 13 Abb. 443; see, however, S. C. on appeal, 24 How. 489; 15 Abb.. 391; Kelly v. Lane, 28 How. 128; 18 Abb. 229; Rinchey v. Stryker, 28 N. Y. 45; Mechanics' B'k of Jersey City v. Dakin, 50 Barb. 589; 33 How. 316; Greenleaf v. Mumford, 35 How. 148).

$233. Proceedings in case of perishable property or vessels. If any property so seized shall be perishable, or if any part of it be claimed by any other person than such defendant, or if any part of it consists of a vessel, or of any share or interest therein, the same proceedings shall be had in all respects as are provided by law upon attachments against absent debtors.

f. Ships, &c.-The revised statutes, as to attachments against ships, were amended by laws of 1860, p. 347, 906; 1862, p. 956. The laws of 1860 and 1862 held unconstitutional (Re the Josephine, 39 N. Y. 19).

g. Perishable property.-Where a part of the property attached, consisted of potatoes, the court ordered them to be sold (Davis v. Ainsworth, 14 How. 346).

§ 234. Interest in corporations or associations, liable to attachment.

The rights or shares which such defendant may have in the

stock of any association or corporation, together with the interests and profits thereon, and all other property in this State of such defendant, shall be liable to be attached and levied upon, and sold to satisfy the judgment and execution.

§ 235. Attachment, how executed on property incapable of manual delivery.

The execution of the attachment upon any such rights, shares, or any debts, or other property incapable of manual delivery to the sheriff, shall be made by leaving a certified copy of the warrant of attachment with the president or other head of the association or corporation, or the secretary, cashier, or managing agent thereof, or with the debtor or individual holding such property, with a notice showing the property levied on.

a. Notice. An attachment issued under the code must, in order to reach a debt due to the defendant in attachment, or other property held by a third person, be executed by the sheriff, by the delivery, to the defendant or person holding property of the defendant, in person, of a copy of the warrant, with a notice showing the property levied on. Leaving such copy and notice at the place of business of the debtor with a third person found there, is not a sufficient service of the attachment by the sheriff. Whether the defect can be supplied and the attachment made effectual, by proof that the papers were afterwards delivered by such third person to the debtor or person holding property of the defendant (Orser v. Grossman, 11 How. 520; 4 E. D. Smith, 443).

b. The execution of an attachment upon a promissory note may be made by leaving with the holder a certified copy of the warrant, with a notice showing the property levied on (Russell v. Ruckman, 3 E. D. Smith, 419).

c. Whether property incapable of manual delivery is attached where the sheriff simply serves a copy of the warrant without making and returning an inventory under section 232, and without the notice prescribed by section 235 (Lyman v. Cartwright, 3 E. D. Smith, 117; Wood v. Orser, 25 N. Y. 353).

d. This notice should describe particularly the property levied on, so as to enable the holder to identify it and deliver it to the sheriff when his own claims are satisfied. But a notice referring to the property in general terms as belonging to the debtor in the attachment, is sufficient (Greenleaf v. Mumford, 19 Abb. 469; 30 How. 30; Drake v. Goodridge, 54 Barb. 78; but see Kuhlman v. Orser, 5 Duer, 242; Wilson v. Duncan, 11 Abb. 3; Orser v. Grossman, 4 E. D. Smith, 443).

§ 236. Certificate of defendant's interest to be furnished.

Whenever the sheriff shall, with a warrant of attachment, or execution against the defendant, apply to such officer, debtor, or individual, for the purpose of attaching, or levying upon, such property, such officer, debtor, or individual, shall furnish him with a certificate under his hand, designating the number of rights or shares of the defendant in the stock of such association or corpora

tion, with any dividend or any incumbrance thereon, or the amount and description of the property held by such association, corporation, or individual, for the benefit of, or debt owing to the defendant. If such officer, debtor, or individual refuse to do so, he may be required by the court or judge to attend before him, and be examined on oath, concerning the same, and obedience to such orders may be enforced by attachment.

a. Certificate.—A sheriff on demanding a certificate under this section should disclose the fact that he has an attachment or execution in his hands (Schieb v Baldwin, 13 Abb. 469; 22 How. 278).

b. The remedies given by this section are merely cumulative and do not toll any remedies the creditor before possessed (Skinner v. Stuart, 13 Abb. 443; see, however, S. C. on appeal, 24 How. 489; 15 Abb. 391).

c. In Hoagland v. Stodolla, 1 Code Rep. N. S. 210, the attachment was served on R., who, it was alleged, was indebted to the defendant, and a certificate demanded under section 236. R. certified having in his hands $75, which the plaintiff not deeming satisfactory, obtained an order for R.'s examination. Held, that the order should not have been made; that the order under section 236 cannot be made where a certificate has been given; although the party served merely certifies that he has no property (Carroll v. Finley 26 Barb. 61; Reynolds v. Fisher, 48 Barb. 146). But if the plaintiff can establish to the satisfaction of the judge that the certificate is untrue, then such a certificate may be regarded as a refusal to give a certificate (ib.)

d. See laws of 1848, cap. 50, as to certificates in suits against foreign corporations.

e. A bailee of goods having a lien thereon for an amount exceeding their value, who certifies that he holds no goods of the defendant, does not thereby forfeit his lien (B'k of Mut. Redemp. v. Sturgis, 9 Bosw. 660).

§ 237. (Am'd, 1859.) Judgment, how satisfied.

In case judgment be entered for the plaintiff in such action, the sheriff shall satisfy the same out of the property attached by him, if it shall be sufficient for that purpose.

1. By paying over to such plaintiff the proceeds of all sales of perishable property, and of any vessel, or share or interest in any vessel, sold by him, or of any debts or credits collected by him; or so much as shall be necessary to satisfy such judgment;

2. If any balance remain due, and an execution shall have been issued on such judgment, he shall proceed to sell, under such execution, so much of the attached property, real or personal, except as provided in subdivision four of this section, as may be necessary to satisfy the balance, if enough for that purpose shall remain in his hands; and in case of the sale of any rights or shares in the stock of a corporation or association, the sheriff shall execute to the purchaser a certificate of sale thereof, and the purchaser shall thereupon have all the rights and privileges in respect thereto which were had by such defendant.