Page:United States Statutes at Large Volume 76A.djvu/411

–315– -315§ 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 entr^, 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 f(ulows: (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 $600 in value;

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