(3) in an action to recover the possession of personal property unjustly detained, when the property, or a part thereof, has been concealed, removed, or disposed of, to prevent its being found or taken by the marshal;

(4) when the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or in concealing or disposing of the property for the taking, detention, or conversion, of which the action is brought;

or

(5) when the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.

§ 243. Affidavit to obtain order

An order for the arrest of the defendant may be made when it appears to the court, by the affidavit of the plaintiff, or other person, that a sufficient cause of action exists, and that the case is one of those specified by section 242 of this title. The affidavit shall be either upon personal knowledge or upon information and belief; and when upon information and belief, it shall state the facts upon which the information and belief are founded. If an order of arrest is made, the affidavit shall be filed with the clerk of the court.

§ 244. Security by plaintiff

Before making an order of arrest, the court shall require a written undertaking on the part of the plaintiff, with sureties in an amount to be fixed by the court, which must be at least $500, to the effect that the plaintiff will pay all costs which may be adjudged to the defendant, and all damages which he may sustain by reason of the arrest, if the arrest is wrongful or without sufficient cause, not exceeding the sum specified in the undertaking. The undertaking shall be filed with the clerk of the court.

§ 245. Time order made; form

An order of arrest may be made at the time of the issuing of the summons, or at any time afterwards before judgment.

The order shall require the marshal forthwith to arrest the defendant and hold him to bail in a specified sum, and to return the order at a time therein mentioned, to the clerk of the court.

§ 246. Delivery of order and affidavit to marshal and defendant The order of arrest, with a copy of affidavit upon which it is made, shall be delivered to the marshal, who, upon arresting the defendant, shall deliver to him a copy of the affidavit, and also, if desired, a copy of the order of arrest.

§ 247. Arrest and custody of defendant

The marshal shall execute the order of arrest by arresting the defendant and keeping him in custody until discharged by law.

§ 248. Discharge on bail or deposit

The defendant, at any time before execution, shall be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in the order of arrest.

§ 249. Giving of bail

The defendant may give bail by causing a written undertaking to be executed by two or more sufficient sureties, to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant will at all times render himself amenable to the process of the court, during the pendency of the action, and to such as may be issued to enforce the judgment therein, or that they will pay to the plaintiff the amount of any judgment which may be recovered in the action.

§ 250. Surrender of defendant

At any time before judgment, or within 10 days thereafter, the bail may surrender the defendant in their exoneration; or he may surrender himself to the marshal.

§ 251. Arrest by bail; exoneration and liability of bail

For the purpose of surrendering the defendant, the bail, at any time or place before they are finally charged, may themselves arrest him, or, by a written authority indorsed on a certified copy of the undertaking, may empower the marshal to do so.

Upon the arrest of defendant by the marshal, or upon his delivery to the marshal by the bail, or upon his own surrender, the bail are exonerated, if the arrest, delivery, or surrender takes place before the expiration of 10 days after judgment; but if the arrest, delivery, or surrender is not made within 10 days after judgment, the bail are finally charged on their undertaking, and bound to pay the amount of the judgment within 10 days thereafter.

§ 252. Enforcement of liability of bail

If the bail neglect or refuse to pay the judgment within 10 days after they are finally charged, the court may, on motion made as provided by section 438 of Title 3, enter judgment against the bail for the amount of the original judgment.

§ 253. Exoneration of bail

The bail are exonerated by the death of the defendant or his imprisonment in jail or in the penitentiary, or by his legal discharge from the obligation to render himself amenable to the process.

§ 254. Return of marshal; filing of undertaking; acceptance or rejection of bail

Within the time limited for that purpose, the marshal shall file the order of arrest in the office of the clerk of the court in which the action is pending, with his return indorsed thereon, together with a copy of the undertaking of the bail. He shall retain in his possession the original undertaking until filed, as herein provided. If the plaintiff, within 10 days thereafter, does not serve upon the marshal a notice that he does not accept the bail, he is deemed to have accepted them, and the marshal is exonerated from liability. If a notice is not served within 10 days, the original undertaking shall be filed with the clerk of the court.

§ 255. Notice of justification of bail; new undertaking

Within five days after the receipt of notice, the marshal or defendant may give to the plaintiff or his attorney notice of the justification of the same, or other bail, specifying the places of residence and occupations of the latter, before the judge or clerk of the court, at a specified time and place; the time to be not less than five nor more than 10 days thereafter, except by consent of the parties. If other bail is given, there must be a new undertaking.

§ 256. Qualifications of bail

The qualifications of bail are as follows:

(1) each must be a resident of the Canal Zone; and

(2) each must be worth the amount specified in the order of arrest, or the amount to which the order is reduced, as provided in this subchapter, over and above all his debts and liabilities, exclusive of property exempt from execution; but the judge or clerk, on justification, may allow more than two sureties to justify severally, in amounts less than that expressed in the order, if the wnole justification is equivalent to that of two sufficient bail.

§ 257. Justification of bail

For the purpose of justification, each of the bail must attend before the judge or clerk, at the time and place mentioned in the notice, and may be examined on oath on the part of the plaintiff, touching his sufficiency, in such manner as the judge or clerk may think proper. The examination shall be reduced to writing, and subscribed by the bail, if required by the plaintiff.

§ 258. Allowance of bail; exoneration of marshal

If the judge or clerk finds the bail sufficient, he shall annex the examination to the undertaking, indorse his allowance thereon, and cause them to be filed, and the marshal is thereupon exonerated from liability.

§ 259. Cash deposit in lieu of bail

Instead of giving bail, the defendant may, at the time of his arrest, deposit with the marshal the amount mentioned in the order. If the amount of the bail is reduced, as provided in this subchapter, the defendant may deposit the reduced amount instead of giving bail. In either case the marshal shall give the defendant a certificate of the deposit made, and the defendant shall be discharged from custody. § 260. Payment of deposit into court

Immediately after the deposit, the marshal shall pay it into court, and take from the clerk receiving it two certificates of the payment, one of which he shall deliver to the plaintiff's attorney, and the other to the defendant. For any default in making the payment, the same proceedings may be had on the official bond of the marshal, to collect the sum deposited, as in other cases of delinquency.

§ 261. Substitution of bail for deposit

If money is deposited, as provided by sections 259 and 260 of this title, bail may be given and may justify upon notice, at any time before judgment; and on the filing of the undertaking and justification with the clerk, the money deposited shall be refunded to the defendant. § 262. Disposition of deposit

If money has been deposited and remains on deposit at the time of the recovery of a judgment in favor of the plaintiff, the clerk shall, under the direction of the court, apply it in satisfaction thereof; and after satisfying the judgment, refund the surplus, if any, to the defendant. If the judgment is in favor of the defendant, the clerk shall, under like direction of the court, refund to him the whole sum deposited and remaining unapplied."

§ 263. Liability of marshal as bail

If, after being arrested, the defendant escapes or is rescued, the marshal is liable as bail; but he may discharge himself from the liability by the giving of bail at any time before judgment.

§ 264. Proceedings on judgment against marshal

If a judgment is recovered against the marshal upon his liability as bail, and an execution thereon is returned unsatisfied in whole or in part, the same proceedings may be had on his official bond, for the recovery of the whole or any deficiency, as in other cases of delinquency.

8 265. Vacation of order of arrest; reduction of bail

(a) A defendant arrested may, at any time before the trial of the action, or if there is no trial, before the entry of judgment, apply to the court, upon reasonable notice, to vacate the order of arrest or to reduce the amount of bail. If the application is made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may

oppose it by affidavits or other proofs, in addition to those on which the order of arrest was made.

(b) If, upon the application, it appears that there was not sufficient cause for the arrest, the order shall be vacated; or if it appears that the bail was fixed too high, the amount shall be reduced.

Subchapter II-Claim and Delivery of Personal Property

§ 291. Claim for delivery

The plaintiff in an action to recover the possession of personal property may, at the time of issuing the summons, or at any time before answer, claim the delivery of the property to him as provided in this subchapter.

§ 292. Affidavit; contents

If a delivery is claimed, an affidavit shall be made by the plaintiff, or by someone in his behalf, showing:

(1) that the plaintiff is the owner of the property claimed, particularly describing it, or is entitled to the possession thereof; (2) that the property is wrongfully detained by the defendant; (3) the alleged cause of the detention thereof, according to his best knowledge, information, and belief;

(4) that it has not been taken for a tax, assessment, or fine, pursuant to a statute; or seized, under an execution or an attachment against the property of the plaintiff; or, if so seized, that it is by statute exempt from such a seizure; and

(5) the actual value of the property.

§ 293. Requisition to marshal to take property

The plaintiff or his attorney may, thereupon, by an indorsement in writing upon the affidavit, require the marshal to take the property from the defendant.

§ 294. Undertaking by plaintiff; taking of property; service on defendant

Upon a receipt of the affidavit and notice, with a written undertaking, executed by two or more sufficient sureties, approved by the marshal, to the effect that they are bound to the defendant in double the value of the property as stated in the affidavit for the prosecution of the action, for the return of the property to the defendants, if return thereof is adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff, the marshal shall forthwith take the property described in the affidavit, if it is in the possession of the defendant or his agent, and retain it in his custody. He shall, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering them to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with a person of suitable age and discretion, or, if neither has any known place of abode, by putting them in the nearest post office, directed to the defendant.

§ 295. Exception to plaintiff's sureties; justification

The defendant may, within two days after the service of a copy of the affidavit and undertaking, give notice to the marshal that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them.

When the defendant excepts, the sureties shall justify on notice in like manner as upon bail on arrest. The marshal is responsible for the sufficiency of the sureties until the objection to them is either waived or until they justify. If the defendant excepts to the sureties,

he may not reclaim the property as provided by section 296 of this title.

§ 296. Undertaking by defendant for return of property

At any time before the delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof, upon giving to the marshal a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if the delivery is adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant. If a return of the property is not so required within five days after the taking and service of notice to the defendant, it shall be delivered to the plaintiff, except as provided by section 301 of this title.

§ 297. Exception to defendant's sureties; justification

The plaintiff may, within two days after service upon him of a copy of the undertaking given to the marshal pursuant to section 296 of this title, give notice to the marshal that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them.

If the plaintiff excepts, the defendant's sureties, upon notice to the plaintiff of not less than two nor 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 the justification the marshal shall deliver the property to the defendant. The marshal is responsible for the defendant's sureties until they justify, or until the justification is completed or waived, and may retain the property until that time. If they, or others in their place, fail to justify at the time and place appointed, he shall deliver the property to the plaintiff.

The qualifications of sureties shall be such as are prescribed by this title, in respect to bail upon an order of arrest.

§ 299. Property concealed in building or inclosure

If the property, or any part thereof, is concealed in a building or inclosure, the marshal shall publicly demand its delivery. If it is not delivered, he shall cause the building or inclosure to be broken open, and take the property into his possession.

§ 300. Keeping and delivery of property; fees and expenses

When the marshal has taken property as provided by this subchapter, he shall keep it in a secure place, and deliver it to the party entitled thereto, upon receiving his fees for taking and his necessary expenses for keeping the same.

§ 301. Claims by third persons

If the property taken is claimed by a person other than the defendant or his agent, the provisions applicable in cases of third party claims after levy under execution apply.

§ 302. Filing and return by marshal

The marshal shall file the notice, undertaking, and affidavit, with his proceedings thereon, with the clerk of the court, within 20 days after taking the property mentioned therein.

§ 303. Order protecting plaintiff in possession

After the property has been delivered to the plaintiff as provided in this subchapter, the court shall, by appropriate order, protect the plaintiff in possession of the property until the final determination of the action.