in writing of the points of law contained in the charge, or sign, at the time, a statement of the points prepared and submitted by the counsel of either party.

§ 474. Admonition when jury permitted to separate

If the jury are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with, or suffer themselves to be addressed by any other person, on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them.

§ 475. Items taken with jury

Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions or copies of such papers as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also take with them any exhibits which the court thinks proper and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.

§ 476. Retirement and deliberation of jury; three-fourths verdict After the case is finally submitted to the jury, they may decide in court or retire for deliberation. If they retire, they shall be kept together in a convenient place, under charge of an officer, until at least three-fourths of them agree upon a verdict or are discharged by the court. Unless by order of the court, the officer having them under his charge may not suffer any communication to be made to them, or make any himself, except to ask them if they or threefourths of them are agreed upon a verdict, and he may not, before their verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon.

§ 477. Return to court for instructions

After the jury have retired for deliberation, if there is a disagreement between them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought into court, the information required shall be given in the presence of, or after notice to, the parties or counsel.

§ 478. Discharge without verdict; retrial

If the jury are discharged, or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, the action may be again tried immediately, or at a future time, as the court may direct, unless the court directs the entry of judgment in accordance with a motion for a directed verdict pursuant to Rule 50 of the Federal Rules of Civil Procedure.

§ 479. Adjournment while jury absent; sealed verdict

While the jury are absent the court may adjourn from time to time, in respect to other business; but it is nevertheless open for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged. The court may direct the jury to bring in a sealed verdict, at the opening of the court, in case of an agreement during a recess or adjournment for the day.

§ 480. Manner of giving verdict; three-fourths verdict; polling

jury

When the jury, or three-fourths of them, have agreed upon a verdict, they shall be conducted into court, their names called by the clerk, and the verdict rendered by their foreman. The verdict .ust be in writing, signed by the foreman, and shall be read by the clerk to the jury, and the inquiry made whether it is their verdict. Either party may require the jury to be polled, which is done by the court or clerk asking each juror if it is his verdict. If upon such an inquiry or polling, more than one-fourth of the jurors disagree thereto, the jury shall be sent out again, but if no such disagreement is expressed, the verdict is complete and the jury discharged from the

case.

§ 481. Correction of informal or insufficient verdict

When the verdict is announced, if it is informal or insufficient, in not covering the issue submitted, it may be corrected by the jury under the advice of the court, or the jury may be again sent out.

§ 482. Entry of verdict

Upon receiving a verdict, an entry shall be made by the clerk in the minutes of the court, specifying the time of trial, the names of the jurors and witnesses, and setting out the verdict at length; and where a special verdict is found, either the judgment rendered thereon, or if the case is reserved for argument or further consideration, the order thus reserving it.

Sec.

CHAPTER 15-JUDGMENT AND EXECUTION

SUBCHAPTER I-JUDGEMENTS GENERALLY

511. Interest on judgments.

512. Satisfaction of judgment.

513. Death of party before judgment.

514. Action against officer or person holding bond or covenant of indemnity; defense by and judgment against surety.

515. Confession of judgment without action.

516. Submission of controversy without action.

SUBCHAPTER II-EXECUTION

541. Time for issuance of execution.

542. Issuance of execution; form and contents.

543. Return of execution.

544. Methods for enforcement of judgments and orders.

545. Execution after five years.

546. Execution after death of party.

547. Property liable to execution; manner and effect of levy.

548. Property exempt from execution or attachment.

549. Procedure for asserting and determining claims for exemption.

550. Execution of writ generally.

551. Sale on execution or under power in deed of trust; notice.

552. Penalty for selling without notice or taking down or defacing notice. 553. Conduct of sale.

554. Nonpayment of bid: resale.

555. Rights of purchaser; certificate of sale.

556. Sales as absolute or subject to redemption; certificate of sale.

557. Redemption; persons entitled to; redemptioners defined.

558. Redemption: time; amount of payment.

559. Subsequent redemptions; notice; marshal's deed; certificate.

560. Redemption; persons to whom payments made; tender.

561. Redemption; documents to be produced by redemptioner.

562. Restraining waste during period for redemption.

563. Rents and profits.

564. Eviction of purchaser or failure to obtain possession; revival of judgment.

565. Contribution among judgment debtors; repayment of surety.

566. Claims by third persons; filing of claim; undertaking by plaintiff.

567. Same; hearing to determine title to property.

568. Same; undertaking by claimant.

569. Attachments and executions on mortgaged personal property.

Sec.

SUBCHAPTER III-PROCEEDINGS SUPPLEMENTAL TO EXECUTION

601. Examination of judgment debtor.

602. Order for judgment debtor to appear; arrest; bail.

603. Payment by debtor of judgment debtor.

604. Examination of debtor of judgment debtor.

605. Witnesses.

606. Order applying property toward satisfaction of judgment.

607. Third person claiming interest or denying debt; action by judgment creditor. 608. Contempt.

SUBCHAPTER IV-JUDGMENTS AGAINST JOINT DEBTORS

631. Summoning unserved joint debtors to show cause why they should not be bound by judgment.

632. Form and service of summons.

633. Affidavit to accompany summons.

634. Answer.

635. Pleadings.

636. Trial; amount of verdict or decision.

SUBCHAPTER V-DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS

661. Persons confined on execution issued on judgment; conditions for discharge. 662. Notice of application for discharge.

663. Service of notice.

664. Examination before judge.

665. Written interrogatories to prisoner.

666. Oath of prisoner.

667. Order for discharge.

668. Frequency of applications for discharge.

669. Finality of discharge.

670. Judgment remains in force.

671. Discharge on order of plaintiff.

672. Discharge on failure of plaintiff to pay for support of prisoner.

Subchapter I-Judgments Generally

§ 511. Interest on judgments

Judgments bear interest at the rate of 6 percent per annum from the date of entry.

§ 512. Satisfaction of judgment

Satisfaction of a judgment may be entered in the clerk's docket upon an execution returned satisfied, or upon an acknowledgment of satisfaction, which may recite payment of the judgment in full or the acceptance by the judgment creditor or assignee of record of any lesser sum in full satisfaction thereof. The acknowledgment may be made in the manner prescribed by chapter 27 of Title 4 and filed with the clerk or it may be made by indorsement on the face or the margin of the record. The acknowledgment or indorsement may be made by the judgment creditor, by the assignee of record, or by the attorney unless a revocation of his authority is filed.

Whenever a judgment is satisfied in fact, otherwise than upon an execution, the party or attorney shall give the acknowledgment, or make the indorsement, and, upon motion, the court may compel it, or may order the entry of satisfaction to be made without it.

§ 513. Death of party before judgment

If a party dies after a verdict or decision upon any issue of fact, and before judgment, the court may nevertheless render judgment thereon. The judgment is payable in the course of administration on his estate.

§ 514. Action against officer or person holding bond or covenant of indemnity; defense by and judgment against surety If an action is brought against an officer or person for an act for the doing of which he had theretofore received a valid bond or

covenant of indemnity, and he gives seasonable notice thereof in writing to the persons who executed the bond or covenant, and permits them to conduct the defense of the action, the judgment recovered therein is conclusive evidence against the persons so notified; and the court may, on motion of the defendant, upon notice of five days, and upon proof of the bond or covenant, and of the notice and permission, enter judgment against them for the amount so recovered and costs.

§ 515. Confession of judgment without action

(a) A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this section. The judgment may be entered in any court having jurisdiction for like amounts.

(b) A statement in writing shall be made, signed by the defendant and verified by his oath:

(1) authorizing the entry of judgment for a specified sum;

(2) if it is for money due, or to become due, stating concisely the facts out of which it arose, and showing that the sum confessed therefor is justly due, or to become due; and

(3) if it is for the purpose of securing the plaintiff against a contingent liability, stating concisely the facts constituting the liability, and showing that the sum confessed thereunder does not exceed the same.

(c) If the judgment is to be entered in the district court, the plaintiff shall file the statement with the clerk of the district court and pay a fee of $8 to be recovered as costs in the judgment. Within 10 days after the filing, the clerk shall indorse upon the statement, and enter of record, a judgment of the district court for the amount confessed, with $8 costs.

(d) If the judgment is to be entered in a magistrate's court, the plaintiff shall file the statement with the magistrate and pay a fee of $5 to be recovered as costs in the judgment. The magistrate shall thereupon enter in his docket a judgment of the magistrate's court for the amount confessed, with $5 costs.

§ 516. Submission of controversy without action

(a) Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The court shall thereupon hear and determine the case, and render judgment there, as if an action were pending.

(b) Judgment may be entered as in other cases, but without costs for any proceeding prior to the trial.

(c) The judgment may be enforced in the same manner as if it had been rendered in an action, and is in the same manner subject to appeal.

Subchapter II-Execution

§ 541. Time for issuance of execution

Subject to any stay of proceedings to enforce the judgment authorized by the Federal Rules of Civil Procedure, the party in whose favor judgment is given may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement upon the filing of a written request with the clerk of court. If, after

the entry of the judgment, the issuing of execution thereon is stayed or enjoined by any judgment or order of court, or by operation of law or the Federal Rules of Civil Procedure, the time during which it is so stayed or enjoined is excluded from the computation of the five years within which execution may issue.

§ 542. Issuance of execution; form and contents

A writ of execution shall 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 intelligibly refer to the judgment, stating the court, the division where the judg ment is entered, and if it is for money, the amount thereof, and the amount actually due thereon, and shall require the marshal to proceed substantially as follows:"

(1) If it is against the property of the judgment debtor, it shall require the marshal to satisfy the judgment, with interest, out of the property of the debtor.

(2) If it is against property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees, it shall require the marshal to satisfy the judgment, with interest, out of such property.

(3) If it is against the person of the judgment debtor, it shall require the marshal to arrest the debtor and commit him to jail until he pays the judgment, with interest, or is discharged according to law.

(4) If it is for the delivery of the possession of property, it shall require the marshal to deliver the possession of the property, describing it, to the party entitled thereto; and it 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 cannot be had.

§ 543. Return of execution

An execution may be made returnable at any time not less than 10 nor more than 60 days after its receipt by the marshal, to the division in which the judgment is entered.

§ 544. Methods for enforcement of judgments and orders

(a) If a judgment is for money, or the possession of property, it may be enforced by a writ of execution.

(b) If a judgment directs 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.

(c) If a judgment requires the sale of property, it may be enforced by a writ reciting the judgment, or the material parts thereof, and directing the proper officer to execute the judgment, by making the sale and applying the proceeds in conformity therewith.

(d) If a judgment requires the performance of any other act than as above designated, a certified copy of the judgment may be served upon the party against whom it is rendered, or upon the person or officer required thereby or by law to obey it, and obedience thereto may be enforced by the court.

(e) If an order for the payment of a sum of money is made by a court, it may be enforced by execution in the same manner as if it were a judgment.