Page:United States Statutes at Large Volume 47 Part 1.djvu/994

970 Execution after fi ve years. Execution on prop- erty of d eceased party . Property liable to ex- ecution ; not affected until levied on. Indemnity where h d payrty claimed by wh at exempt from execution. 72d CONG RESS . SESS. II . CH. 127 . FEBRUARY 27, 1933 . 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 ; when the judgment requires the sale of property, the same may be enforced by a writ reciting such judgment, or the material parts thereof, and directing the proper officer to execute the judgment, by making the sale and applying the pro ceeds in conform ity ther ewith ; when the j udgme nt requires the performance of any other act than as above designated, a certified copy of the judgment may be served u pon the party against whom the same is rendered, or upon the person or officer required thereby or by law to obey the same, and obedience thereto may be enforced by the court . SEC . 354.-ExECUTIox AFTER FIVE YEARS .-In all cases the judgment may be e nforced or carri ed into executio n after t he lapse of five years from the d ate of its entry , by leave of th e court, upon mot ion, or by judgment for that purpose, ounded upon supplemental plead- ings ; but nothing in this section shall be construed to revive a judg- ment for the recovery of money which shall have been b arred by limitation at the time of the enactment of this code . SEC . 355. WH EN EXECUTION MAY ISS UE AG AI NST THE PROPERTY OF A PARTY AFTER HIS DEATH .-Notwithstanding the death oaf a part y after the judgment, ex ecution thereon may be issued, o r it may be enfor ced, as follows 1 . In case of the death of the judgment creditor, upon the applica- tion of his executor or administrator, or successor in interest ; 2 . In case of the death of the judgment debtor, if the judgment be for the recovery of property, or the enforcement of a lien thereo n . SE C. 356 . PROP ERTY LIABLE TO EXECUTION ; NOT A FFECTED UN TT LEVIED oN .-All goods, chattels, moneys, and other property, both real and personal, or any interest therein, of the judgment debtor not exem pt by la w, and a ll prope rty and rights of propert y seized and held under attachment in the action, are liable to execution . Shares a nd inter ests in any corp oration or compan y, and d ebts and credits, and all other property, both real and personal, or any interest in either real or personal property, and all other property not capable of man ual d elive r, may be l evied upon or re lease d from levy in li ke manner as lie property may be attached or released rom attachment . Until a levy, property is not affected by the execution ; but no levy shall bind any property for a longer period than one year from the date of the issuance of the execution ; provided, how- ever, an alias execution may be issued on said judgment and levied on any property not exempt from execution SEC. 357. INDEMNITY WHERE PROPERTY CLAIMED BY THIRD PARTY.- If the property levied on is claimed by a third person as his prop- erty by a written claim verified by his oath or that of his agent, set- ting out his rig ht to th e posses sion the reof, and served upon the marshal, the mar shal is not boun d to kee p the pro perty un less the plaintiff, or the'person in whose favor the writ of execution runs, on demand, indemnifies the marshal against such claim by an under- taking by at lea st two good and sufficient suret ies in a sum equa l to double the value of the pro erty levied on ; and the marshal is not liable for damages for the tang or keeping of such property to any' such third person, unless such a claim is made . The marshal may demand and exact the undertaking herein pro- vided for notwithstanding any defect, informality, or insufficiency of the verified claim served upon him. SEC . 358. WHAT FX tMPT FROM EXECUTION.-The following property is exempt from execution or attachment, except as herein otherwise specially provided :