Page:United States Statutes at Large Volume 76A.djvu/414

–318– -318pleadings, subject to the power of the court to permit an amendment in the interests of justice. The affidavit of exemption is deemed controverted by the counter-affidavit and both shall be received in evidence. Findings are not required in a proceeding under this section. When evidence other than the affidavit and counter-affidavit is not offered, the court, if satisfied that sufficient facts are shown thereby, may make its determination thereon; otherwise, it shall order the hearing continued for the production of other evidence, oral or documentary, or the filing of other affidavits and counter-affidavits. At the conclusion of the hearing, the court shall give judgment determining whether the claim to exemption shall be allowed or not, in whole or in part, which judgment is determinative as to the right of the creditor to have the property taken and held by the officer or to subject the property to payment or other satisfaction of his judgment. In the judgment the court shall make all proper orders for the disposition of the property or the proceeds thereof. (10) A copy of any judgment entered in the trial court shall be forthwith transmitted by the clerk to the levying officer in order to permit the officer to either release the property attached or to continue to hold it or sell it, in accordance with the provisions of the writ previouslv delivered to him. Unless an appeal from the judgment be waived, or the judgment has otherwise become final, the officer shall continue to hold the property under attachment or execution, continuing the sale of any property held under execution until the judgment becomes final, i f a claim to exemption pursuant to paragraph (6) of section 548 of this title is allowed by the judgment, the judgment debtor is entitled to a release of the earnings so exempted at the expiration of three days, unless otherwise ordered by the court or unless the levying officer is served with a copy of a notice of appeal from the judgment. (11) If any documents required hereunder are served by mail, the provisions of law or rules of court relating to service by mail are applicable thereto. (12) If the time allowed for an act to be done hereunder is extended by the court, written notice thereof shall be given promptly to the opposing party, unless the notice is waived, and to the levying officer. (13) An appeal lies from any judgment under this section, to be taken in the manner provided for appeals in the court in which the proceeding is had. § 550. Execution of writ generally The marshal shall execute the writ against the property of the judgment debtor, by levying on a sufficient amount of property, if there be sufficient; collecting or selling the things in action, and selling the other property, and paying to the plaintiff or his attorney so much of the proceeds as will satisfy the judgment. Any excess in the proceeds over the judgment and accruing costs shall be returned to the judgment debtor, unless otherwise directed by the judgment or order of the court. If there is more property of the judgment debtor than is sufficient to satisfy the judgment and accruing costs within the view of the marshal, he shall levy only on such part of the property as the judgment debtor may indicate, if the property indicated is amply sufficient to satisfy the judgment and costs. § 551. Sale on execution or under power in deed of trust; notice Before the sale of property on execution or under power contained in any deed of trust, notice thereof shall be given as follows: (1) In case of perishable property: by posting written notice of the time and place of sale in three public places of the town where

�