Court or Judge may, after such examination, order personal property, capable of manual delivery, to be delivered to the Sheriff on such terms as may be just, having reference to any liens thereon or claims against the same, and a memorandum to be given of all other personal property, containing the amount and description thereof. how made. 546. ($ 129.) The Sheriff must make a full inven- Inventory, tory of the property attached, and return the same with the writ. To enable him to make such return as to debts and credits attached, he must 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 such memorandum be refused, he must 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 such debt or credit. Party refusing to give memomay be randum compelled to pay costs. Perishable property, how sold. 547. (§ 130.) If any of the property attached be perishable, the Sheriff must sell the same in the manner in which such property is sold on execution. The proceeds, and other property attached by him, must 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 Accounts attached may be collected by him, if the same can be suit to he done without suit. The Sheriff's receipt is a sufficient discharge for the amount paid. without collected. attached may be under 548. (§ 654.) Whenever property has been taken Property by an officer under a writ of attachment, and it is made sold as to appear satisfactorily to the Court, or a Judge thereof, or a County Judge, that the interest of the parties to the action will be subserved by a sale thereof, the Court execution, interests if the of the parties require. When property claimed by a third tried. or Judge may order such 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. Such order can be made only upon notice to the adverse party or his attorney, in case such party has been personally served with a summons in the action. 549. (§ 131.) If any personal property attached be claimed by a third person as his property, the party, how Sheriff may summon a jury of six men to try the validity of such claim; and such proceedings shall be had thereon, with the like effect, as in case of a claim after levy upon execution. If plaintiff obtains how satisfied. 550. (§ 132.) If judgment be recovered by the judgment, plaintiff, the Sheriff must satisfy the same out of the property attached by him which has not been delivered to the defendant, or a claimant as herein before provided, or subjected to execution on another judgment recovered previous to the issuing of the attachment, if it be sufficient for that purpose: When there remains a balance due, how collected. 1. By paying to the plaintiff the proceeds of all sales of perishable property sold by him, or of any debts or credits collected by him, or so much as shall be necessary to satisfy the judgment; 2. If any balance remain due, and an execution shall have been issued on the judgment, he must sell under the execution so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remain in his hands. Notices of the sales must be given, and the sales conducted as in other cases of sales on execution. 551. (§ 133.) If, after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits collected by him, deducting his fees, to the payment of the judgment, any balance shall remain due, the Sheriff must proceed to collect such balance, as upon an execution in other cases. Whenever the judgment shall have been paid, the Sheriff, upon reasonable demand, must deliver over to the defendant the attached property remaining in his hands, and any proceeds of the property attached unapplied on the judgment. 552. (§ 134.) If the execution be returned unsatisfied, in whole or in part, the plaintiff may prosecute any undertaking given pursuant to Section 540 or Section 555, or he may proceed, as in other cases, upon the return of an execution. ant recover what the Sheriff is to deliver. 553. (§ 135.) If the defendant recover judgment If defendagainst the plaintiff, any undertaking received in the judgment," action, all the proceeds of sales and money collected by the Sheriff, and all the property attached remaining in the Sheriff's hands, must be delivered to the defendant or his agent. The order of attachment shall be discharged, and the property released therefrom. Proceed ings to release at tachment, whom 554. (§ 136.) Whenever the defendant has appeared in the action, he may, upon reasonable notice to the plaintiff, apply to the Court in which the action before is pending, or to the Judge thereof, or to a County taken. Judge, for an order to discharge the attachment, wholly or in part; and upon the execution of the undertaking mentioned in the next section, an order may be made, releasing from the operation of the attachment any or all of the property attached, and all of the property so released, and all of the proceeds of the sales thereof, must be delivered to the defendant, upon the justification of the sureties on the undertaking, if required by the plaintiff. 555. (§ 137.) Before the making such order, the Court or Judge must require an undertaking on behalf Attachment, in what cases it may be released and upon what terms. When a motion to discharge attachment may be upon what grounds. of the defendant, by at least two sureties, residents and freeholders or householders in the county, to the effect that in case the plaintiff recover judgment in the action, defendant will, on demand, redeliver the attached property so released, to the proper officer, to be applied to the payment of the judgment, and that in default thereof the defendant and sureties will, on demand, pay to the plaintiff the full value of the property released. The Court or Judge making such order may fix the sum for which the undertaking must be executed, and if necessary in fixing such sum to know the value of the property released, the same may be appraised by three disinterested persons to be appointed for that purpose. The sureties may be required to justify before the Court or Judge, and the property attached cannot be released from the attachment without their justification, if the same be required. 556. (§ 138.) The defendant may, also, any time before the time for answering expires, apply, on made, and motion, upon reasonable notice to the plaintiff, to the Court in which the action is brought, or to the Judge thereof, or to a County Judge, that the attachment be discharged on the ground that the writ was improperly or irregularly issued. When motion made on affidavit, it may be opposed by affidavit. When writ must be 557. (§ 139.) If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to those on which the attachment was made. 558. (§ 140.) If, upon such application, it satisfacdischarged. torily appears that the writ of attachment was improperly or irregularly issued, it must be discharged. When writ to be returned. 559. (§ 141.) The Sheriff must return the writ of attachment with the summons, if issued at the same time; otherwise, within twenty days after its receipt, with a certificate of his proceedings indorsed thereon or attached thereto. CHAPTER V. RECEIVERS. SECTION 564. Appointment of Receiver. 565. Appointment of Receivers upon dissolution of corpora- 566. Who shall not be appointed. 567. Oath and undertaking. 568. Powers of Receivers. 569. Investment of funds. 564. (§ 143.) A Receiver may be appointed by the Court in which an action is pending, or by the Judge thereof: 1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured; 2. In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3. After judgment, to carry the judgment into effect; 4. After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceedings in aid of execu Appoint- ment of |