ments, of the within defendant in my county, whereof I can make the balance of the said execution. Sheriff of.... county. No. 24.-Where the Whole is Made. I have made the amount of the within execution out of the goods and chattels, lands and tenements, of the within defendant, which I have ready at the day and place within mentioned; to render to the within plaintiff, as I am within commanded [or, “have paid the same to the within plaintiff,” or, "have paid the same into court," or, "satisfied"]. Dated.... Sheriff of.... county. No. 25.-Where Goods Remain Unsold for want of Bidders. I have levied on goods and chattels of the defendant, under the within execution, which remain on hand for want of bidders; therefore, I cannot have the moneys at the day and place within mentioned, as I am within commanded. ....... Sheriff of .... county. No. 26.-Nulla Bona where but one of two Joint Debtors are Served. ......... I can find no goods or chattels, lands or tenements, of the within defendant, .... in my county, and no goods or chattels of the defendant,.... owned by him jointly with the said .... ........, of which I can make the amount of the within execution or any part thereof. Dated ..... Sheriff of county. No. 27. Nulla Bona against an Executor or Administrator. The within defendant has no goods or chattels of the within-named deceased which were, at the time of his death, in his hands to be administered, in my county, whereof I can cause to be made the damages within mentioned or any part thereof. Fees, Sheriff of.... county. No. 28. Return to Execution Stayed by Appeal Before Levy. I certify and return, that after the delivery of the said execution to me and before levy thereunder, the execution of the same was stayed, by appeal; whereupon I could not have the moneys within-mentioned at the return day of such execution, as I am within commanded. Fees, Sheriff of.... county, No. 29. When Stayed by Appeal or Injunction after Levy. After the receipt of the within execution by me, I levied in due form of law upon certain goods and chattels of the defendant; but before sale thereof, the execution was stayed by appeal [or, "by injunction"]; there fore, I could not make the within moneys by the day within-mentioned: nevertheless, I have the said goods and chattels in my custody, to answer to the within execution when said appeal shall be determined [or, ** said injunction is removed"]. Sheriff of .... county. No. 30.-Return when Judgment or Execution is Vacated. After the receipt of the within execution by me, I levied in due form upon certain goods and chattels of the defendant; but before sale was served with an order of this court, duly certified by the clerk of .... county, vacating the said judgment [or, "setting aside the execution"]; therefore, I have released the said goods and chattels from the said levy, and cannot have the within moneys at the day and place within-mentioned, as I am within commanded. No. 31.-Return of Levy and Sale when there is a Controversy as to Title of the Property. On the receipt of the within execution, I levied in due form of law upon the following property, then in the possession of the defendant, in my county, to wit: . . . . ; and that on the .... day of ...., at ...., in said county, I sold the following part of such property, to wit: ...., whereby I realized sufficient to pay the within execution, with interest and fees of levy and sale; and thereupon I returned to the defendant the balance of said property, to wit: .... Dated No. 32.-Return of an Execution Satisfied. I have the amount of the execution of the goods and chattels of the defendant [or," satisfied”]. constable. [Satisfied in Part.] I have made the sum of .., of the goods and chattels of the within defendant, and can find no other goods and chattels of said defendant, whereof I can make the remainder of the said execution. Dated ...... constable. No. 33.-Return where Goods Remain Unsold. Levied on the property of the within defendant, which remains in my possession unsold, for want of bidders. [Where Appeal is Brought.] Proceedings stayed by appeal. No. 34. Where Goods Levied on are Replevied. After the coming to me of the within execution, I levied in due form of law upon certain goods and chattels of the within defendant; but before the sale thereof the same was replevied and taken out of my custody by .... "...., one of the coroners of the within county, at the suit of .... ...., and I can find no other goods or chattels, lands or tenements, of the within defendant in my county, whereof to make the amount of the within execution or any part thereof. No. 35.-Return where the Moneys Realized have been Applied to the Payment of Other Liens. I levied on certain goods and chattels of the defendant under and by virtue of the within execution, and duly sold the same; on [or, "after"] such sale I was duly notified that and chattels to the amount of had a lien and claim upon the said goods dollars, for work and labor bestowed upon the same, and that I paid and discharged said lien and have applied the balance of the proceeds of said sale, to wit: .... dollars, on this execution; and I can find no goods or chattels, lands or tenements, of the defendant whereof I can make the amount of the within execution or any part thereof. Sheriff of.... county. No. 36.-Notice of Claim by a Third Person. [Title of action.]} SIR: Take notice that .. claims the property taken by me under the order in this action, and has made affidavit of his title thereto and right to the possession thereof and of the grounds of such right and title, and served the same on me, and that I do therefore require to be indemnified by the plaintiff against such claim, and in default of such indemnity I shall not deliver such property to the plaintiff nor keep the same. I have levied upon the following property upon the premises of the defendant and in his possession, under said execution, to wit: I hereby acknowledge that I have received the above-described property, so levied upon by the sheriff, and hereby promise and undertake to return the same and every part thereof to the said sheriff, on demand, or pay the above judgment and sheriff's fees. Inventory of goods attached by me, under and by virtue of the within [or, "annexed"] attachment, this .... day of 18.., to wit: ..... ..... ...... constable. No. 40.-Inventory when Articles are Numerous. ..... Inventory of goods and chattels levied on this.... day of and taken into my custody by virtue of the annexed execution, viz: constable. No. 41.-Indorsement on Execution when Articles Levied on are Numerous. I have levied, this .... day of ...., 18., by virtue of the within execution, upon the goods and chattels of the defendant, mentioned in the annexed inventory. No. 42.-Certificate of Constable of Attachment and Inventory. I certify that the within is a copy of the attachment issued by and to me directed and delivered; and also of the inventory of the property seized by virtue thereof, and by me, this day, .. Dated Fees, ...... .... constable. No. 43.-Return to Attachment. .... I certify that on the day of I attached and took into my possession and custody, all the personal property of the defendant to be found in my county [or, "certain personal property of the defendant"], and that immediately thereupon I made] an inventory of the property so attached which is indorsed hereon [or, "is hereto annexed"], and served a copy of the within attachment and inventory, duly certified by me, upon the within defendant personally [or as the case may be]. No. 44.-Return to a Venire. constable. I certify that by virtue of the within precept I have personally summoned as jurors the several persons named in the annexed list. Dated constable. No. 45.-Indorsement of Levy on Execution. Leviel by virtue of the within execution this.... day of the property of the defendant, on his premises in CHAPTER LXXXII. STOPPAGE IN TRANSITU. SECTION 1. This is the name of that act of a vendor of goods upon a credit who, on learning that the buyer has failed, resumes the possession of goods while they are in the hands of a carrier or middleman in their transit to the buyer, and before they get into his actual possession. Bouv. Dict. 531. SEC. 2. The right of a vendor to a stoppage in transitu exists until the goods sold arrive at their final destination or come into the possession of the consignee. 7 Cal. 213. Depositing the goods with agent to be forwarded does not terminate the transitu. 7 Cal. 213. And this may be done where the vendor disposes of his goods to one who is insolvent upon a credit. He has a right to stop them before the purchaser obtains the possession of them. 23 Cal. 508; 37 Cal. 630. As a lien it is paramount to any other lien on the goods which may be claimed by third persons, in whatever manner obtained. 23 Cal. 508. SEC. 3. If the goods be in the possession of a carrier, and the vendor demand them, the carrier will be liable to the vendor if he refuse to deliver them. Nor is an express demand of the carrier necessary, so he be clearly informed that the vendor wishes to retake them. If the goods be in possession of an agent of the carrier, notice to him is notice to the carrier. A letter by the vendor to the agent of the carrier in possession of the goods, giving a bill of particulars and directing the agent of the carrier to deliver them to his agent, is sufficient to charge the carrier for a conversion. 37 Cal. 630. |