Sec. 302. The officer may leave property in possession of whom Retention bond.

The sheriff must deliver the property attached to the person in whose possession it was found, upon the execution, by such person, in the presence of the sheriff, of an undertaking to the plaintiff, with one or more sufficient sureties, resident in the county, to the effect that the parties to the same are bound, in double the appraised value thereof; that the property, or its appraised value in money, will be forthcoming to answer the judgment of the court in the action; but if it be made to appear to the court that any part of said property has been lost or destroyed by unavoidable accident, the value thereof must be remitted to the person so bound.49

Sec. 303. Different attachments-The inventory and appraisements.

Different attachments of the same property may be made by the same officer and one inventory and appraisement will be sufficient; and it will not be necessary to return the same with more than one order.50

Sec. 304. How subsequent attachments may be made.

Where property is under attachment, it must be attached under subsequent orders, as follows:

1st. If it be real property, it must be attached in the manner prescribed by the statute (Snyder, 5709; Wilson, 4373).51

49 Snyder, 5,710; Wilson, 4,374; Kansas, 4,633 (1901), identical; Nebraska, 1,179 (1907), identical; Greenwell v. Evans, 9 Okla. 359, 60 Pac. 249; Johnson v. Weatherwax, 9 Kan. 75; Tyler v. Safford, 24 Kan. 581; Case v. Steele, 8 Pac. (Kan.) 242; Wolf v. Hahm, 28 Kan. 588; Wilson v. Shepard, 16 N. W. (Neb.) 826; Hilton v. Ross, 2 N. W. (Neb.) 862; Dewey v.

Kavenaugh, 63 N. W. (Neb.) 396; Corteleon v. Mabin, 59 N. W. (Neb.) 94; Young v. Joseph, 99 N. W. (Neb.) 522.

50 Snyder, 5,731; Wilson, 4,395; Ohio Gen. Code, Sec. 11,834 (1910), identical.

51 Snyder, 5,732; Wilson, 4,396; Ohio Gen. Code, Sec. 11,835 (1910), identical.

Sec. 305. What the officer's return of the order must show. The officer must return upon every order of attachment, what he has done under it. The return must show the property attached, and the time it was attached. When garnishees are served, their names, and the time each was served, must be stated. The officer must also return with the order all undertakings given under it.52

Sec. 306. A receiver may be appointed to take charge of property-His bond.

A court, or any judge thereof, during vacation, may, on application of the plaintiff, and on good cause shown, appoint a receiver, who must take an oath faithfully to discharge his duties, and who must give an undertaking to the State of Oklahoma in such sum as the court or judge may direct, and with such security as shall be approved by the clerk of such court, for the faithful performance of his duties as such receiver, and to pay over all money and account for all property which may come into his hands by virtue of his appointment, at such times and in such manner as the court may direct 58

Sec. 307. The receiver's report.

Such receiver must, when required, report his proceedings to the court, and hold all moneys collected by him, and the property which may come into his hands, subject to the order of the court.54

52 Snyder, 5,733; Wilson, 4,397; Kansas, 4,657 (1901), identical; Nebraska, 1,184 (1907), identical; Rappine v. McPherson, 2 Kan. 340. The return may be amended by the officer who served the same, even though out of office. Rapp v. Kyle, 26 Kan. 89. The writ should contain a specific description of the

property attached. Harding v. Guar anty, 43 Pac. (Kan.) 835; but see Grebe v. Jones, 18 N. W. (Neb.) 18; see, also, Griffith v. Short, 15 N. W. (Neb.) 335, as to amend ments.

53 Snyder, 5.734; Wilson. 4,398; Nebraska, 1,186 (1907), identical. 54 Snyder, 5,737; Wilson, 4,401.

Sec. 308.

Sheriff to act as receiver, when.

Where a receiver is not appointed by the court, or judge thereof, as provided in the statute (Snyder, 5734; Wilson, 4398), the sheriff or other officer attaching the property, will have all the powers and perform all the duties of a receiver appointed by the court, or judge, and may, if necessary, commence and maintain actions in his own name, as such officer. He may be required to give security other than his official undertaking.55

Sec. 309. The attachment discharged, when-Bond.

If the defendant, or other person on his behalf, at any time before judgment, cause an undertaking to be executed to the plaintiff, by one or more sureties, resident in the county, to be approved by the court, in double the amount of plaintiff's claim, as stated in his affidavit, to the effect that the defendant will perform the judgment of the court, the attachment in such action must be discharged and restitution made of any property taken under it, or the proceeds thereon. Such undertaking will also discharge the liability of a garnishee in such action for any property of the defendant in his hands.56

Sec. 310. The defendant may execute bond before sheriff or clerk in vacation.

The undertaking mentioned in the last paragraph may, in vacation, be executed in the presence of the sheriff having the order of attachment in his hands, or after the return of the order, before the clerk, with the same effect as if

55 Snyder, 5,738; Wilson, 4,402.

56 Snyder, 5,740; Wilson, 4,404; Kansas, 4,664 (1901), identical; Ohio Gen. Code, Sec. 11,844 (1910); Winton v. Myers, 8 Okla. 42, 58 Pac. 634; Drovers v. Custer, 19

Okla. 302, 91 Pac. 850; Moffitt v. Garrett, 23 Okla. 398, 100 Pac. 533; McGonegal v. Gordon, 11 Kan. 168; Eddy v. Moore, 23 Kan. 113; McKenny v. Purcell, 28 Kan. 446; St. Joseph v. Casey, 14 Kan. 504.

executed in court, the sureties in either case to be approved by the officer before whom the undertaking is executed.57

Sec. 311. Judgment in the action-How satisfied.

If judgment be rendered in the action for the defendant, the attachment must be discharged and the property attached, or its proceeds must be returned to him.58

If judgment be rendered for the plaintiff, it shall be satisfied as follows: So much of the property remaining in the hands of the officer, after applying the money arising from the sale of perishable property, and so much of the personal property, lands and tenements, if any, whether held by legal or equitable title, as may be necessary to satisfy the judgment, must be sold by order of court, under the same restrictions and regulations as if the same had been levied on by execution; and the money arising therefrom, with the amount which may be recovered from the garnishees, must be applied to satisfy the judgment and costs. If there be not enough to satisfy the same, the judgment must stand, and execution may issue thereon for the residue, in all respects as in other cases. Any surplus of the property attached, or its proceeds, must be returned to the defendant.59

Sec. 312. Court may compel delivery of attached property.

The court may compel the delivery to the sheriff, for sale of any attached property, for which an undertaking may have been given, and may proceed summarily, on such undertaking, to force delivery of the property, or the payment of such sum as may be due upon the undertaking, by rules and attachments, as in cases of contempt.60

57 Snyder, 5,739; Wilson, 4,405. 58 Snyder, 5,740; Wilson, 4,408; Kansas, 4,668 (1901), identical; Nebraska, 1,200 (1907), identical; Ohio Gen. Code, Sec. 11,854 (1910), identical.

59 Snyder, 5,745; Wilson, 4,409; Kansas, 4,669 (1901), identical;

Nebraska, 1,201 (1907), identical; Ohio Gen. Code, Sec. 11,855 (1910), identical; Fisher v. Haxtun, 26 Kan. 155; Mills v. Dixon, 42 Pac. (Kan.) 1,014.

60 Snyder, 5,746; Wilson, 4,410.

Sec. 313. May order retaking of property.

The court may order the sheriff to repossess himself, for the purpose of selling it, of any of the attached property which may pass out of his hands, without having been sold or converted into money; and the sheriff shall, under such order, have the same power to take the property as he would have under an order of attachment.61

Sec. 314. Reference may be ordered, when.

Where several attachments are executed on the same property, or the same persons are made garnishees, the court, on motion of any of the plaintiffs, may order a reference, to ascertain the amounts and priorities of the several attachments, or may determine the amounts and priorities without such reference.62

Sec. 315. Death of defendant.

From the time of the issuing of the order of attachment, the court will be deemed to have acquired jurisdiction, and to have control of all subsequent proceedings under the attachment; and if, after issuing of the order, the defendant, being a person, should die, or a corporation, and its charter should expire by limitation, forfeiture or otherwise, the proceedings shall be carried on, but in all such cases, other than where the defendant was a foreign corporation, his legal representatives must be made parties to the action.63

Sec. 316. Defendant may move for additional security, when. The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff; and if, on such motion, the court is satisfied that the surety in the plaintiff's undertaking has removed from this State, or is not sufficient

61 Snyder, 5,747; Wilson, 4,411. 62 Snyder, 5,748; Wilson, 4,412.

63 Snyder, 5,749; Wilson, 4,413; Mosely v. Southern, 4 Okla. 492, 46 Pac. 508.