pleadings, 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 previously 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. If 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

the sale is to take place, for such time as may be reasonable, considering the character and condition of the property.

(2) In case of other personal property: by posting a similar notice in three public places in the town where the sale is to take place, for not less than 5 days nor more than 10 days.

(3) In case of real property: by posting a similar notice particularly describing the property for 20 days, in three public places of the town where the property is to be sold and publishing a copy thereof once a week for the same period, in some newspaper of general circulation in the Canal Zone; and where real property is to be sold under the provision of any deed of trust the copy of the notice shall be posted in a conspicuous place on the property to be sold, at least 20 days before date of sale.

§ 552. Penalty for selling without notice or taking down or defacing notice

An officer selling without the notice prescribed by section 551 of this title shall forfeit $500 to the aggrieved party, in addition to his actual damages; and a person willfully taking down or defacing the notice posted, if done before the sale or the satisfaction of the judgment before sale, shall forfeit $500.

§ 553. Conduct of sale

Sales of property under execution shall be made at auction, to the highest bidder, between the hours of nine in the morning and five in the afternoon. After sufficient property has been sold to satisfy the execution, no more may be sold. Neither the officer holding the execution nor his deputy may become a purchaser or be interested in any purchase at the sale. When the sale is of personal property, capable of manual delivery, it shall be within view of those who attend the sale, and be sold in such parcels as are likely to bring the highest price; and when the sale is of real property, consisting of several known lots or parcels, they shall be sold separately; or when a portion of the real property is claimed by a third person, and he requires it to be sold separately, it shall be thus sold. The judgment debtor, if present at the sale, may also direct the order in which property, real or personal, shall be sold, when the property consists of several known lots or parcels, or of articles which can be sold to advantage separately, and the marshal shall follow those directions.

§ 554. Nonpayment of bid; resale

(a) If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss is occasioned thereby, the officer may recover the amount of the loss, with costs, from the bidder so refusing, in any court of competent jurisdiction.

(b) If a purchaser refuses to pay, the officer may reject any subsequent bid by him.

(c) Subsections (a) and (b) of this section do not render the officer liable for any more than the amount bid by the second or subsequent purchaser, and the amount collected from the purchaser refusing to pay.

555. Rights of purchaser; certificate of sale

(a) When the purchaser of personal property capable of manual delivery pays the purchase money, the officer making the sale shall deliver the property to him, and, if desired, execute and deliver to him a certificate of the sale. The certificate conveys to the purchaser all the right which the debtor had in the property on the day the execution or attachment was levied.

(b) When the purchaser of personal property not capable of manual delivery pays the purchase money, the officer making the sale shall execute and deliver to him a certificate of sale. The certificate conveys to the purchaser all the right which the debtor had in the property on the day the execution or attachment was levied.

(c) Upon a sale of real property, the purchaser is substituted to and acquires all the right, title, interest, and claim of the judgment debtor thereto on the date of the levy of the execution thereon. If property, real or personal, has been attached in the action, the purchaser is substituted to and acquires all the right, title, interest, and claim of the judgment debtor on or at any time after the day the attachment was levied upon the property.

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

Sales of personal property, and of real property, when the estate therein is less than a leasehold of two years' unexpired term, are absolute. In all other cases the property is subject to redemption, as provided in this subchapter.

The officer shall give to the purchaser a certificate of sale, and file a duplicate thereof for record in the office of the registrar of property, which certificate must state the date of the judgment under which the sale was made and the names of the parties thereto, and contain:

(1) a particular description of the real property sold;
(2) the price bid for each distinct lot or parcel;

(3) the whole price paid; and

(4) if the property is subject to redemption, the certificate must so declare.

§ 557. Redemption; persons entitled to; redemptioners defined Property sold subject to redemption, as provided in section 556 of this title, or any part sold separately, may be redeemed in the manner hereinafter provided, by the following persons, or their successors in interest:

(1) the judgment debtor, or his successor in interest, in the whole or any part of the property; or

(2) a creditor having a lien or mortgage on the property sold, or on a share or part thereof, subsequent to that on which the property was sold.

The persons specified by paragraph (2) of this section are, in this subchapter, termed redemptioners.

§ 558. Redemption; time; amount of payment

The judgment debtor, or a redemptioner, may redeem the property from the purchaser any time within 12 months after the sale on paying the purchaser the amount of his purchase, with 1 percent per month thereon in addition, up to the time of redemption; and if the purchaser is also a creditor, having a prior lien to that of the redemptioner, other than the judgment under which the purchase was made, the amount of the lien with interest.

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

(a) If property is so redeemed by a redemptioner, another redemptioner may, within 60 days after the last redemption, again redeem it from the last redemptioner, on paying the sum paid on the last redemption, with 2 percent thereon in addition, and, in addition, the amount of any liens held by the redemptioner prior to his own, with interest; but the judgment under which the property was sold need not be so paid as a lien.

(b) The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner within 60 days after the last redemption, on paying the sum paid on the last previous redemption, with 2 percent thereon in addition, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own with interest.

(c) Written notice of redemption shall be given to the marshal and a duplicate filed with the registrar of property, and if the redemptioner has or acquires any lien other than that upon which the redemption was made, notice thereof shall in like manner be given to the marshal and filed with the registrar; and if such a notice is not filed, the property may be redeemed without paying such lien.

(d) If no redemption is made within 12 months after sale, the purchaser, or his assignee, is entitled to a conveyance; or if so redeemed, whenever 60 days have elapsed, and no other redemption has been made, and notice thereof given and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a marshal's deed; but, in all cases, the judgment debtor shall have the entire period of 12 months from the date of the sale to redeem the property.

(e) If the judgment debtor redeems, he shall make the same payments as are required to effect a redemption by a redemptioner. If the debtor redeems, the effect of the sale is terminated and he is restored to his estate.

(f) Upon a redemption by the debtor, the person to whom the payment is made shall execute and deliver to him a certificate of redemption, acknowledged or proved before an officer authorized to take acknowledgments. The certificate shall be filed and recorded in the office of the registrar of property, and the registrar shall note the record thereof in the margin of the record of the certificate of sale. § 560. Redemption; persons to whom payments made; tender

The payments mentioned in sections 558 and 559 of this title may be made to the purchaser or redemptioner, or for him, to the officer who made the sale. A tender of the money is equivalent to payment. § 561. Redemption; documents to be produced by redemptioner A redemptioner shall produce to the officer or person from whom he seeks to redeem and serve with his notice to the marshal making the sale, or his successor in office:

(1) a copy of the docket of the judgment under which he claims the right to redeem, certified by the clerk of the court where the judgment is docketed; or, if he redeems upon a mortgage or other lien, a note of the record thereof, certified by the registrar;

(2) a copy of any assignment necessary to establish his claim, verified by the affidavit of himself, or of a subscribing witness thereto; and

(3) an affidavit by himself or his agent, showing the amount then actually due on the lien.

§ 562. Restraining waste during period for redemption

Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor. But it is not waste for the person in possession of the property at the time of sale, or entitled to possession afterwards, during the period allowed for redemption, to continue to use it in the same manner in which it was previously used; or to use it in the ordinary course of husbandry; or to make the necessary repairs of buildings thereon; or to use wood or timber on the property therefor or for the repair of fences or for fuel for his family, while he occupies the property.

§ 563. Rents and profits

The purchaser from the time of the sale until a redemption, and a redemptioner from the time of his redemption until another redemption, is entitled to receive, from the tenant in possession, the rents of the property sold, or the value of the use and occupation thereof. But when any rents or profits have been received by the judgment creditor or purchaser, or his or their assigns, from the property thus sold preceding the redemption, the amounts of such rents and profits shall be a credit upon the redemption money to be paid; and if the redemptioner or judgment debtor, before the expiration of the time allowed for the redemption, demands in writing of the purchaser or creditor, or his assigns, a written and verified statement of the amounts of the rents and profits thus received, the period for redemption is extended five days after the sworn statement is given by the purchaser or his assigns, to the redemptioner or debtor. If the purchaser or his assigns shall, for a period of one month from and after demand, fail or refuse to give the statement, the redemptioner or debtor may bring an action in any court of competent jurisdiction, to compel an accounting and disclosure of the rents and profits, and until fifteen days from and after the final determination of the action, the right of redemption is extended to the redemptioner or debtor. § 564. Eviction of purchaser or failure to obtain possession; revival of judgment

If the purchaser of real property sold on execution, or his successor in interest, is evicted therefrom in consequence of irregularities in the proceedings concerning the sale, or of the reversal or discharge of the judgment, he may recover the price paid, with interest, from the judgment creditor. If the purchaser of property at a marshal's sale, or his successor in interest, fails to recover possession in consequence of irregularity in the proceedings concerning the sale, or because the property sold was not subject to execution and sale, the court having jurisdiction thereof shall, after notice and on motion of the party in interest, or his attorney, revive the original judgment in the name of the petitioner, for the amount paid by the purchaser at the sale, with interest thereon from the time of payment at the same rate that the original judgment bore; and the judgment so revived has the same force and effect as would an original judgment of the date of the revival, and no more.

§ 565. Contribution among judgment debtors; repayment of surety

If property, liable to an execution against several persons, is sold thereon, and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, without a sale, more than his proportion, he may compel contribution from the others; and when a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal. In such a case the person so paying or contributing is entitled to the benefit of the judgment, to enforce contribution or repayment, if, within 10 days after his payment, he files with the clerk of the court where the judgment was rendered, notice of his payment and claim to contribution or repayment. Upon a filing of the notice, the clerk shall make an entry thereof in the margin of the docket.