Page:United States Statutes at Large Volume 76A.djvu/412

–316– -316(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) 60 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 oi^ 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

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