Page:United States Statutes at Large Volume 47 Part 1.djvu/993

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 969 stayed or enjoined must be excluded from the computation of the five years within which execution may issue. SEC. 35 0- S TA Y O F E XECUT ION .-The court or the judge thereof shall S Y0! not have the power, without the consent of the adverse party, to stay, for a longer period than thirty days, the execution of any judgment or order the execution whereof would be stayed on appeal only by the execution of a stay bond. SEC. 351. Wso MAY I SSUE THE 'FXF(J •r1ON, ITS FORM, TO WHOM Whomayissue,form, DIRECTED, AND WHAT IT SHALL REQUIRE .-The writ of execution must quir weh m omy, re. 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 it must intelligibly refer to the jud - i i ent, stating the court, the division where the judgment-roll is file,, and if it be for money, the amount thereof, and the amount actually due thereon, and if made payable in a specified kind of money or currency, as provided in section 333, the execution must also state the kind of A nte, p 963 . money or currency in which the judgment is payable, and must require t he marsha l substan tially as follows 1 . If it be against the property of the judgment debtor, it must require the marshal to satisfy the judgment, with interest, out of the property of such debtor. 2 . If it be against property in the hands of the personal repre- sentatives, heirs, devisees, legatees, tenants, or trustees, it must require the marshal to satisfy the judgment, with interest, out of such pro per ty, 3. If it be a gainst the p erson of the judgment debtor, it must require the marshal to arrest such debtor and commit him to jail until he pay the judgment, with interest, or be discharged according to law. 4 . If it be issued on a judgment made payable in a specified kind of money or currenc , as provided in section 333, it must also require the marshal to satisfy the same in the kind of money or currency in which the judgment is made payable, and the marshal must refuse payment in any other kind of money or currency ; and in case of levy and sale of the property of the judgment debtor, he must refuse payment from any purchaser at such sale in any other kind of money or currency than that specified in the execution. . The marshal col- lecting money or currency in the manner required by this subchapter, must pay to the plaintiff or party entitled to recover the same, the same kind of money or currency received by him, and in case of neglect or refusal so to do, he shall be liable on his official bond to the Judgment creditor in three times the amount of the money so collected, 5. If it be for the delivery of the possession of property, it must require t he marsha l to deli ver the p ossession of the s ame, desc ribing it, to the party entitled thereto, and 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 can not be had. SEc. 352. WHEN MADE I unwA uLE .--T he ex ecuti on ma y be made a When made return. returnable, at any time not less than ten nor more than sixty days after its receipt by the ma rshal, to the cler k with wh om the ju dgment roll is filed. When t he exe cution is re turned the c lerk mu st att ach it to the judgment roll. SEC. 353. MONEY JUDOMENTB AND OTHERS, How ENFORCED.When sow money ludg. the judgment is for money, or the possession of property, the same forced and othera on- may be enforced by a writ of execution ; and if the judgment direct