covenant of indemnity, and he gives seasonable notice thereof in writing to the persons who executed the bond or covenant, and permits them to conduct the defense of the action, the judgment recovered therein is conclusive evidence against the persons so notified; and the court may, on motion of the defendant, upon notice of five days, and upon proof of the bond or covenant, and of the notice and permission, enter judgment against them for the amount so recovered and costs.

§ 515. Confession of judgment without action

(a) A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this section. The judgment may be entered in any court having jurisdiction for like amounts.

(b) A statement in writing shall be made, signed by the defendant and verified by his oath:

(1) authorizing the entry of judgment for a specified sum;

(2) if it is for money due, or to become due, stating concisely the facts out of which it arose, and showing that the sum confessed therefor is justly due, or to become due; and

(3) if it is for the purpose of securing the plaintiff against a contingent liability, stating concisely the facts constituting the liability, and showing that the sum confessed thereunder does not exceed the same.

(c) If the judgment is to be entered in the district court, the plaintiff shall file the statement with the clerk of the district court and pay a fee of $8 to be recovered as costs in the judgment. Within 10 days after the filing, the clerk shall indorse upon the statement, and enter of record, a judgment of the district court for the amount confessed, with $8 costs.

(d) If the judgment is to be entered in a magistrate's court, the plaintiff shall file the statement with the magistrate and pay a fee of $5 to be recovered as costs in the judgment. The magistrate shall thereupon enter in his docket a judgment of the magistrate's court for the amount confessed, with $5 costs.

§ 516. Submission of controversy without action

(a) Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The court shall thereupon hear and determine the case, and render judgment thereon, as if an action were pending.

(b) Judgment may be entered as in other cases, but without costs for any proceeding prior to the trial.

(c) The judgment may be enforced in the same manner as if it had been rendered in an action, and is in the same manner subject to appeal.

Subchapter II-Execution

§ 541. Time for issuance of execution

Subject to any stay of proceedings to enforce the judgment authorized by the Federal Rules of Civil Procedure, the party in whose favor judgment is given may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement upon the filing of a written request with the clerk of court. If, after

the entry of the judgment, the issuing of execution thereon is stayed or enjoined by any judgment or order of court, or by operation of law or the Federal Rules of Civil Procedure, the time during which it is so stayed or enjoined is excluded from the computation of the five years within which execution may issue.

§ 542. Issuance of execution; form and contents

A writ of execution shall be issued in the name of the Government of the Canal Zone, sealed with the seal of the court, and subscribed by the clerk, and be directed to the marshal, and intelligibly refer to the judgment, stating the court, the division where the judgment is entered, and if it is for money, the amount thereof, and the amount actually due thereon, and shall require the marshal to proceed substantially as follows:

(1) If it is against the property of the judgment debtor, it shall require the marshal to satisfy the judgment, with interest, out of the property of the debtor.

(2) If it is against property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees, it shall require the marshal to satisfy the judgment, with interest, out of such property.

(3) If it is against the person of the judgment debtor, it shall require the marshal to arrest the debtor and commit him to jail until he pays the judgment, with interest, or is discharged according to law.

(4) If it is for the delivery of the possession of property, it shall require the marshal to deliver the possession of the property, describing it, to the party entitled thereto; and it may at the same time require the marshal to satisfy any costs, damages, rents, or profits recovered by the same judgment, out of the property of the person against whom it was rendered, and the value of the property for which the judgment was rendered to be specified therein if a delivery thereof cannot be had.

§ 543. Return of execution

An execution may be made returnable at any time not less than 10 nor more than 60 days after its receipt by the marshal, to the division in which the judgment is entered.

§ 544. Methods for enforcement of judgments and orders

(a) If a judgment is for money, or the possession of property, it may be enforced by a writ of execution.

(b) If a judgment directs that the defendant be arrested, the execution may issue against the person of the judgment debtor, after the return of an execution against his property unsatisfied in whole or part.

(c) If a judgment requires the sale of property, it may be enforced by a writ reciting the judgment, or the material parts thereof, and directing the proper officer to execute the judgment, by making the sale and applying the proceeds in conformity therewith.

(d) If a judgment requires the performance of any other act than as above designated, a certified copy of the judgment may be served upon the party against whom it is rendered, or upon the person or officer required thereby or by law to obey it, and obedience thereto may be enforced by the court.

(e) If an order for the payment of a sum of money is made by a court, it may be enforced by execution in the same manner as if it were a judgment.

§ 545. Execution after five years

A judgment may be enforced or carried into execution after the lapse of five years from the date of its entry, by leave of the court, upon motion, and after due notice to the judgment debtor accompanied by an affidavit or affidavits setting forth the reasons for failure to proceed in compliance with section 541 of this title. The failure to set forth reasons which are sufficient in the discretion of the court is ground for the denial of the motion. This section does not limit the jurisdiction of the court to order issuance of a writ of execution prior to the lapse of the five-year period in cases where the party in whose favor judgment is given is not entitled to a writ pursuant to section 541 of this title.

A judgment may also be enforced or carried into execution after the lapse of five years from the date of its entry, by judgment for that purpose founded upon supplemental proceedings; but this section does not revive a judgment for the recovery of money which has been barred by limitation on January 2, 1963.

§ 546. Execution after death of party

Notwithstanding the death of a party after the judgment, execution thereon may be issued, or it may be enforced, as follows:

(1) in case of the death of the judgment creditor, upon the application of his executor or administrator, or successor in interest; or

(2) in case of the death of the judgment debtor, if the judgment is for the recovery of property, or the enforcement of a lien thereon.

§ 547. Property liable to execution; manner and effect of levy (a) All goods, chattels, moneys, and other real and personal property, or any interest therein, of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action, are liable to execution.

(b) Shares and interests in any corporation or company, and debts and credits, and all other real and personal property, and any interest in either real or personal property, and all other property not capable of manual delivery, may be levied upon or released from levy in like manner as like property may be attached or released from attachment.

(c) Until a levy, property is not affected by the execution. A levy does not bind any property for a longer period than one year from the date of the issuance of the execution; but an alias execution may be issued on the judgment and levied on any property not exempt from execution.

§ 548. Property exempt from execution or attachment

The following property is exempt from execution or attachment, except as herein otherwise specially provided, when claim for exemption is made to the same by the judgment debtor or defendant as provided by section 549 of this title:

(1) chairs, tables, desks, and books, to the value of $200 belonging to the judgment debtor;

(2) household furniture and utensils necessary for housekeeping and used for that purpose by the debtor, such as the debtor may select, of a value not exceeding $500; and all wearing apparel;

(3) tools and implements necessarily used by him in his trade or employment;

(4) the professional libraries of lawyers, judges, clergymen, doctors, school teachers, and music teachers, not exceeding $500 in value;

(5) the wages and earnings of all seamen and seagoing fishermen, not exceeding $300, regardless of where or when earned, and in addition to all other exemptions otherwise provided by any law; but where debts are incurred by any such person, or his wife or family for the common necessaries of life, one-half of the earnings above mentioned is nevertheless subject to execution or attachment to satisfy debts so incurred;

(6) the following percentages of the earnings of the defendant or judgment debtor, regardless of his place of residence, for his personal services rendered at any time within 30 days next preceding the levy of the process are exempt from attachment, execution, or garnishment without filing a claim for exemption as provided by section 549 of this title, and only one attachment or execution on the earnings of a defendant or judgment debtor shall be satisfied at one time:

(A) all the gross earnings exceeding $40 per week;

(B) 80 percent of the gross earnings exceeding $40 per week and not exceeding $100 per week; and

(C) 50 percent of the gross earnings exceeding $100 per week;

(7) all the nautical instruments and wearing apparel of a master, officer, or seaman of a vessel;

(8) all arms, uniforms, and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor;

(9) all moneys, benefits, privileges, or immunities accruing or in any manner growing out of life insurance, if the annual premiums paid do not exceed $500, and if they exceed that sum a like exemption exists which bears the same proportion to the moneys, benefits, privileges, and immunities so accruing or growing out of the insurance that $500 bears to the whole annual premiums paid; in addition to the foregoing, all moneys, benefits or privileges belonging to or inuring to the benefit of the insured's spouse or minor children growing out of life insurance purchased with annual premiums not exceeding $500, or if the annual premiums exceeded that sum, a like exemption exists in favor of those persons which bears the same proportion to the moneys, benefits or privileges growing out of the insurance that $500 bears to the whole annual premiums paid; and

(10) all money received by a person as a pension or retirement or disability or death or other benefit from the United States Government, whether it is in his actual possession or deposited, loaned, or invested by him.

An article, however, or species of property specified by this section is not exempt from execution issued upon a judgment recovered for its price, or upon a judgment of foreclosure of a mortgage or other

lien thereon.

§ 549. Procedure for asserting and determining claims for exemption

The following procedure shall be followed in asserting and determining claims for exemption of property as provided by section 548 of this title:

(1) Unless otherwise specially provided, if the property specified by section 548 of this title is levied upon under writ of attachment or execution, the defendant or judgment debtor, in order to avail himself of his exemption rights as to the property, shall deliver to the levying officer an affidavit of himself or his agent, together with a copy thereof, alleging that the property levied upon, identifying it, is exempt, specifying the paragraphs of section 548 on which he relies

for his claim to exemption, and all facts necessary to support his claim, and also stating therein his address for the purpose of permitting service by mail upon him of the counter-affidavit and any notice of the motion herein provided.

(2) Forthwith upon receiving the affidavit of exemption the levying officer shall serve upon the plaintiff or the person in whose favor the writ runs (herein referred to as "the creditor"), either personally or by mail, a copy of the affidavit of exemption, together with a writing, signed by the levying officer, stating that the claim to exemption has been received and that the officer will release the property unless he receives from the creditor a counter-affidavit within five days after service of the writing.

(3) If the creditor desires to contest the claim to exemption, he shall within the period of five days file with the levying officer a counter-affidavit alleging that the property is not exempt within the meaning of the paragraphs relied upon, or if the claim to exemption is based on paragraph (1), (2), or (4) of section 548 of this title, alleging that the value of the property claimed to be exempt is in excess of the value stated in the applicable paragraphs, together with proof of service of a copy of the counter-affidavit upon the judgment debtor.

(4) If a counter-affidavit, with proof of service, is not so filed with the levying officer within the time allowed, the officer shall forthwith release the property.

(5) If a counter-affidavit, with proof of service, is so filed, either the creditor or the judgment debtor is entitled to a hearing in the court in which the action is pending or from which the writ issued for the purpose of determining the claim to exemption, or the value of the property claimed to be exempt. The hearing shall be granted by the court upon motion of either party made within five days after the counter-affidavit is filed with the levying officer, and the hearing shall be had within 15 days from date of the making of the motion unless continued by the court for good cause. The party making the motion for hearing shall give not less than five days' notice in writing of the hearing to the levying officer and to the other party and specify therein that the hearing is for the purpose of determining the claim to exemption. The notice may be of motion or of hearing and upon the filing of the notice with the clerk of court, the motion is deemed made.

(6) If neither party makes such a motion within the time allowed, or if the levying officer is not served with a copy of the notice of hearing within 10 days after the filing of the counter-affidavit, the levying officer shall forthwith release the property to the judgment debtor.

(7) At any time while the proceedings are pending, upon motion of either party or upon its own motion, the court may make such orders as may be proper under the particular circumstances of the case. Any orders so made may be modified or vacated by the court or judge granting the same, or by the court in which the proceedings are pending, at any time during the pendency of the proceedings, upon such terms as may be just.

(8) The levying officer in all cases shall retain physical possession of the property levied upon if it is capable of physical possession, or in the case of property not capable of physical possession, the levy shall remain in full force and effect, pending the final determination of the claim to exemption. A sale under execution may not be had prior to the final determination unless an order of the court hearing the claim for exemption so provides.

(9) At the hearing, the party claiming the exemption has the burden of proof. The affidavits and counter-affidavits shall be filed by the levying officer with the court and shall constitute the