C C ^C <r 
 
 S -c S c c< 
 
 V , ^ < c CO 
 
 1 C , X tC i 
 
 « cc 
 
 v ^ CC < C C C. c f 
 
 c cc c c c c c« f < c< < ( 
 
 <-<<■• < C < C CO cc c 
 
 <:. < c 
 < < ' 
 
 1\\ 
 
 ; C 
 
 ■ c 
 c 
 
 c 
 
 c 
 
 littturrattg 
 nf Florida 
 ICihrartea 
 
 (Hollrgr nf Slam ICibrarg 
 
 <c < 
 
 <ac c 
 
 <ac c 
 
 c > 
 
 - CC 
 
 cc c 
 cc 
 
 CC 
 
 < c c c c 
 
 C C t C C : " 
 
 c c c c c ^ 
 
 c C C c c 
 
 < C c ; C 
 
 Cc c ; Cc 
 cc C c 
 
 C c < c c 
 
 CC C< 
 
 c 
 
 <§C Cc 
 
 c 
 
 < <- . 
 
 
 cc o 
 
 ■ < 
 
 cc; Cv 
 
 <■ 
 
 r c . <"<■ 
 
 < 
 
 Cc 
 
 <" 
 
 CC 
 
 - < 
 
 ■■< cc 
 
 • <■ c 
 
 <-< cc 
 
 c < 
 
 5 cc 
 
 c < 
 
 < C< 
 
 c c 
 
 < cc c - 
 
 .ci S- Cc c c 
 
 .cc v cc CC 
 
 <^ cc cc 
 
 « CC < € 
 
 g cc c c 
 
 C( c cc cc 
 
 cc cc 
 
 .c< cc 
 
 c <-ccc cV 
 
 C C CCC Cc 
 
 ■ C C CC C C" r 
 
 C C CC C Cc - 
 
 CC CCC c 
 
 cc cc«l c 
 
 c C cc ccx C 
 
 c C cc Gt c 
 
 c« cc ccc c 
 
 CC CC ccc c 
 
 cc ccc c 
 
 CC ccC C 
 
 cc cc c 
 
 c r 'ff C 
 
 ? < c c < « 
 
 ^ CC C c c 
 
 c c cc :: < c c 
 
 - c cc <• i <■ c 
 
 • Cc c <ccc 
 
 ' CC c c c c 
 
 cc 
 
 CC < cc v* 
 
 CC C c cc 
 
 cc « < C v 
 cc < c C 
 
 *C vC - c 
 
 4C& « cc C 
 
 *: « re c 
 
 c • c 
 
 f « iCX( 
 . c < c C* 
 
 t c C 4fc 
 
 c c i 
 "< CC: 
 CCC 
 ccc 
 
 ^ _vjl -c 
 C CC * 
 
 
 Cc C C 
 
 cc cc 
 
 C< C 
 
 c CC« 
 
 CCCCC 
 C cc.ee 
 
 C C Cct 
 
 <^C <c 
 
 ccc 
 
i <C C cc 
 
 « C <' 
 
 C <£ CO 
 
 r< <C < C 
 X CC C C 
 
 C <C C(. 
 
 Cc <C < <• 
 
 :< cc < c 
 
 <c <■ c 
 
 cc c c 
 
 c C C<C c c 
 
 V C C CC C < 
 
 V. cc ex <x c s 
 < V < ccc : 
 c coc cc 
 
 r ■'■ vc c CC CC 
 
 ^c c c< S< 
 
 c c < c C c 
 
 g C < C CC CC 
 
 C« c c 5 5 c < 
 Cc c . c c. C C<L 
 
 : c v < . < c <c c _c 
 
 C c r <i 
 
 c C « 
 
 ~c c c 
 
 i c 
 
 -c c 
 
 t« c 
 c<^ <, 
 
 C <L "■ <r 
 
 cc cc 
 
 ' c cc 
 
 CC C 
 
 C< e 
 
 <" - c <c c cc /" « 
 
 c c c;c.c< cc 
 
 «" C. CC 
 
 C c C i 
 
 LCC < C 
 c C C < c 
 *" C c C c c 
 r <fC 
 CCC « C 
 '■CCC _<: c 
 
 -<C CC « 
 
 r <C C c ■- . 
 
 - c_C < C • 
 
 if CC CC " 
 
 «r <c c 5, 
 
 c cc ft < 
 C c cfc%^ 
 
 c ^c c c 
 
 • Civ c 
 C C 
 
 c c .cT 
 c <r 
 
 . « cc c c c 
 
 CC Cc^ CC C >< 
 
 CC dcC CC C c< 
 
 c C C CC CC C c 
 
 cf -C c C C C 
 
 (C C'.c CSC Cc c 
 
 CC <Tv CC C C' 
 
 CC d< CC C ^c 
 cc c cc c\ C 
 
 C C Ct r< C v c 
 
 C X <\ C( C < : • C 
 
 C'C «3 cc C c c 
 
 CCO CC C^ C< 
 
 C C C< cc C c 
 
 \ < c < <■ - < 
 
 _«a CC C . c C 
 
 : « or c < c 
 r «cf cc c c < • < 
 C «CC re C c <T < 
 
 C <Xv C C C < C < 
 
 crcrrcc c c c c cc 
 
 < , c <: c c c c 
 
 CC C C c c c - c 
 C( c c c c c c 
 
 at < c c c c c 
 
 c r c c c c c 
 
 _c c c C C C c 
 
 Z CC c C ' ( CC 
 
 c c c c c 
 . CCa c c c c 
 
 c ccc C <C c c 
 
 6 C cc c C 
 LC' C C .«= c 
 
 ccc c < 
 c c €1^ c 
 
 «X C « i c 
 
 cc 
 
 cc < 
 £ C <c ; 
 tc c c 
 
 t c c c< 
 ccc. 
 
 C C 
 
 ■ c <:< c 
 
 c c c i 
 
 c <: o < 
 C <T'' 
 C CC 
 cocic 
 
 c cc C 
 
 <: c: cc ^ 
 
 - « 
 « , 
 
 - Cc C 
 : cc « 
 
 Cc cc 
 
 cr cc 
 
 C cc < 
 
 ccc 
 
 CC< 
 
 c C c C 
 
 C C C: c 
 
 cc^ c 
 ccc c- 
 
 <: c: c «L 
 
 . <:c c 
 
 <1C c 
 
 ^ s 
 
 ^c c 
 
 c ^ci 
 
 ► C C 
 
 CCC « 
 
 CC C, 
 
 CC <c cc 
 
 < C Cc cc 
 
 c cc- cc 
 
 c cc cr 
 
 c cc cc 
 
 oc <c <C 
 
 c cc cc 
 
 cc 
 cc * 
 
 <C ' 
 
 : r CC f 
 
 c c «; / 
 cc <s: c 
 
 c C C < 
 ccc < 
 
 c c cc <c c 
 
 (C CJC C^ 
 c Cc \ 
 
 c cc c < ■ 
 
 c cc iC , S 
 
 c ex ^ '*, 
 C CC cC 
 c <c '< 
 c CC 
 C CC ( < 
 cc « 
 
\JK^ 
 
Digitized by the Internet Archive 
 
 in 2010 with funding from 
 
 Lyrasis Members and Sloan Foundation 
 
 http://www.archive.org/details/codeofcivilproceOOpana 
 
~-: 
 
 2.3 
 
 THE 
 
 CODE OF CIVIL PROCEDURE 
 
 OF THE 
 
 CANAL ZONE. 
 
 No. 
 
 v^fO PAIGE cv>£ 
 
 ,4-. 
 
 WASHINGTON: 
 GOVERNMENT PRINTING OFFICE. 
 
 1907. 
 
- 
 
 EXECUTIVE ORDER. 
 
 — 
 
 Under authority vested in me by law, it is 
 
 Ordered, That the within Code of Civil Procedure shall be in force 
 
 within the Canal Zone on and after May 1, 1907. 
 
 Theodore Roosevelt. 
 The White House, 
 
 March 22, 1907. 
 
 in 
 
 \ 
 
 
TABLE OF CONTENTS. 
 
 Title : The Code of Civil Procedure of the Canal Zone. 
 
 Sections. 
 
 Chapter 1. General and preliminary provisions 1 to 12 
 
 Chapter 2. Lawyers, their qualifications and duties 13 36 
 
 Chapter 3. Prescription ; time of commencing action 37 49 
 
 Chapter 4. Procedure in district courts 50 81 
 
 Procedure in Circuit Courts in Actions. 
 
 Chapter 5. Pleadings 82 106 
 
 Chapter G. Parties to actions 107 115 
 
 Chapter 7. Various proceedings in circuit courts 116 145 
 
 Chapters. Abatement 146 172 
 
 Chapter 9. Special remedies : Injunctions, receivers, partition of 
 real estate, usurpation of office or franchise, certiorari proceed- 
 ings, mandate, prohibition, contempt, eminent domain, foreclo- 
 sure, manual delivery of personal property. 
 
 Injunctions 173 183 
 
 Receivers 184 191 
 
 Partition of real estate 192 207 
 
 Usurpation of office or franchise 20S 227 
 
 Certiorari proceedings 228 232 
 
 Mandate 233 230 
 
 Prohibition 237 241 
 
 Contempt 242 251 
 
 Foreclosure of mortgage 252 259 
 
 Manual delivery of personal property 260 270 
 
 Chapter 10. To establish titles to real property 271 280 
 
 Chapter 11. Ne exeat 281 290 
 
 Chapter 12. Rules of evidence, affidavits, and depositions, per- 
 petuation of testimony : 
 
 Rules of evidence 291 363 
 
 Affidavits and depositions 364 368 
 
 Depositions 369 392 
 
 Chapter 13. Venue of actions 393 
 
 Chapter 14. Proceedings when judge is disqualified or disabled 394 395 
 
 Chapter 15. Witnesses 396 398 
 
 Chapter 16. Duties of the clerk of the Circuit Court 399 403 
 
 Chapter 17. Process : 
 
 Preliminary process 404 . 416 
 
 Chapter 18. Subpoenas, and compelling attendance of witnesses 417 426 
 
 Chapter 19. Arrest of defendant 427 439 
 
 Chapter 20. Attachment of defendant's property 440 458 
 
 Chapter 21. Manner of giving and entering judgment 459 464 
 
 Chapter 22. Execution 465 512 
 
 v 
 
VI TABLE OF CONTENTS. 
 
 Sections. 
 
 Chapter 23. Proceedings supplementary to the execution 513 to 525 
 
 Chapter 24. Costs in the several courts 526 532 
 
 Chapter 25. Proceedings in Supreme Court : 
 
 General procedure of the Supreme Court and procedure on 
 
 bills of exception 533 549 
 
 Chapter 26. Proceedings of Supreme Court in the exercise of its 
 
 original jurisdiction 550 556 
 
 Chapter 27. The clerk of the Supreme Court and his duties 557 558 
 
 Chapter 28. Special proceedings: 
 
 Power of judge or court in special proceedings 559 
 
 Chapter 29. Proceedings in habeas corpus 560 585 
 
 Chapter 30. Guardians, their appointment, duties, powers, and 
 accounts : 
 
 Guardians of minors 586 593 
 
 Guardians of persons of unsound mind 594 617 
 
 Chapter 31. Trusts, trustees, and proceedings in relation thereto: 
 
 Trusts and trustees 618 631 
 
 Chapter 32. Estates of deceased persons : 
 
 Settlement of estates without legal proceedings 632 633 
 
 Chapter 33. Jurisdiction over estates of deceased persons 634 648 
 
 Chapter 34. Wills and the allowance thereof, and duties of execu- 
 tors * 649 683 
 
 Death, removal, etc., of executor or administrator 684 698 
 
 Chapter 35. General duties of executors and administrators 699 702 
 
 Inventory, appraisal, and account 703 720 
 
 Chapter 36. Claims against estates, how allowed 721. 732 
 
 Chapter 37. Suits by and against executor and administrator 733 737 
 
 Chapter 38. Property embezzled or secreted, or fraudulently con- 
 veyed 1 738 742 
 
 Chapter 39. Sale of estate 743 755 
 
 Chapter 40. From what estate debts to be paid 756 762 
 
 Chapter 41. Payment of debts 763 774 
 
 Contingent claims 775 778 
 
 Chapter 42. Escheats 779 781 
 
 Chapter 43. Distribution of estate 782 793 
 
 Chapter 44. Adoption and custody of minors 794 801 
 
 Chapter 45. Appeals in special proceedings 802 807 
 
 Chapter 46. Forms and fees ' 808 
 
 Fees 809 819 
 
 Chapter 47. Final provisions 820 821 
 
THE CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Chapter I. 
 
 GENERAL AND PRELIMINARY PROVISIONS. 
 
 Section 1. Interpretation of words. — In the interpretation of this 
 Code, unless the context shows that another sense was intended, the 
 word " person " includes a private corporation ; " writing " includes 
 printing; " oath " includes affirmation or other solemn declaration in 
 such form as the court shall find to be obligatory upon the conscience 
 of the witness ; " of unsound mind " includes every species of mental 
 deficiency or derangement ; " bond " includes an undertaking or 
 recognizance ; " and " may be read " or ", and " or " read " and ", if 
 the sense requires it ; " writ " signifies an order or precept in writing 
 issued in the name of the Government, or of a court or judicial officer, 
 and the word " process " a writ or summons issued in the course of 
 judicial proceedings; and "action" means an ordinary suit in a 
 court of justice, by which one party prosecutes another for the en- 
 forcement or protection of a right, or the redress or prevention of a 
 wrong ; every other remedy furnished by law is a special proceeding ; 
 " pleadings " are the formal allegations by the parties of their respec- 
 tive claims and defenses, for the judgment of the court; words in 
 the present tense include the future tense, and in the masculine gender 
 include the feminine and neuter genders; and words in the plural 
 include the singular, and in the singular include the plural number; 
 the term " dollars " means the money of the United States. 
 
 The phrase " territory of the United States ", or " territories of the 
 United States ", includes any body politic and any territorial posses- 
 sion under the jurisdiction of the United States. 
 
 The word " surety " or " sureties," when occurring in this Code, 
 shall include any surety company authorized to do business under the 
 laws of the Canal Zone, and the single bond of such surety company 
 shall in all cases be deemed sufficient. 
 
 " District judge " shall mean any judge appointed for any of the 
 existing administrative districts, under whatsoever title known. 
 
 But this enumeration shall not be construed to require a strict fon- 
 struction of other general words. 
 
 3 
 
4 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Sec. 2. Construction of Code. — The provisions of this Code, and 
 the proceedings under it, shall be liberally construed, in order to pro- 
 mote its object and assist the parties in obtaining speedy justice. 
 
 Sec 3. Powers of deputies. — The duty enjoined by statute upon a 
 ministerial officer, and an act permitted to be done by him, may be 
 performed by his lawful deputy. 
 
 Sec. 4. How time computed. — Unless otherwise specially provided, 
 the time within which an act is required by law to be done shall be 
 computed by excluding the first day and including the last; and if 
 the last be Sunday or a legal holiday it shall be excluded. 
 
 Sec. 5. Provisions concerning process. — Process shall be under the 
 seal of the court from which it issues, be styled " The United States 
 of America, Canal Zone, ss : " to be signed by the clerk and bear date 
 the day it actually issues. 
 
 Sec. 6. Rules of Court. — The judges of the Supreme Court shall 
 prepare rules regulating the conduct of business in the Supreme 
 Court and in the Circuit Courts. The rules shall be uniform for all 
 Circuit Courts throughout the Canal Zone. Such rules, when duly 
 made and promulgated and not in conflict with the laws of the United 
 States or the Canal Zone, shall be binding and must be observed, but 
 no judgment shall be reversed by reason of a failure of the court to 
 comply with such rules unless the substantial rights of a party have 
 been impaired by such failure. 
 
 Sec. 7. Stamped paper. — Stamped paper is not required for use 
 in proceedings in any court. But, for uniformity and convenience 
 of folding and filing papers, the rules of court may prescribe the 
 size and form of sheets of paper to be used for all written and printed 
 documents in legal proceedings. 
 
 Sec. 8. Disqualification of judges. — No judge, magistrate, referee, 
 or presiding officer of any tribunal shall sit in any case or proceeding 
 in which he is pecuniarily interested, or related to either party within 
 the sixth degree of consanguinity or affinity, computed according to 
 the rules of the civil law, nor in which nor in the matter out of 
 which the litigation arises he has been a counsel, nor in which he has 
 presided in any inferior judicature when his ruling or decision is the 
 subject of review, without the written consent of all parties in inter- 
 est, signed by them and entered upon the record. 
 
 No challenge as to the competency of any of the officials named in 
 this section shall be received or allowed; but if it be claimed that 
 the official is disqualified by the provisions of this section, the party 
 objecting to his competency may, in writing, file with the official his 
 objection, stating the grounds therefor, and the official shall there- 
 upon proceed with the trial, or withdraw therefrom, in accordance 
 with his determination of the question of his disqualification. His 
 decision shall be forthwith made in writing and filed with the other 
 
CODE OF CIVIL, PROCEDURE OF THE CANAL ZONE. 5 
 
 papers in the case, but no appeal or stay of action shall be allowed 
 from, or by reason of, his decision in favor of his own competency, 
 until after final judgment in his court. 
 
 Sec. 9. Civil liability of judges.- — No judge, shall be liable to a civil 
 action for the recovery of damages by reason of any judicial action 
 or judgment rendered by him in good faith, and within the limits 
 of his legal powers and jurisdiction. 
 
 Sec. 10. Publicity of proceedings and records. — The sitting of 
 every court of justice shall be public, but any court may, in its dis- 
 cretion, exclude the public when the testimony to be adduced is of 
 so indecent a nature as to require such exclusion in the interests of 
 morality. The records of every court of justice shall be public 
 records and available for the inspection of any party in interest, at 
 all proper business hours, under the supervision of the clerk having 
 the custody of such records. 
 
 Sec 11. Incidental powers of courts. — Every court shall have 
 power : 
 
 1. To preserve and enforce order in its immediate presence; 
 
 2. To enforce order in proceedings before it, or before a person or 
 persons empowered to conduct a judicial investigation under its 
 authority ; 
 
 3. To compel obedience to its judgments, orders, and process, and 
 to the lawful orders of a judge out of court in a pending action or 
 proceeding ; 
 
 4. To control, in furtherance of justice, the conduct of its minis- 
 terial officers, and of all other persons in any manner connected with 
 a judicial proceeding before it, in every matter appertaining thereto; 
 
 5. To compel the attendance of persons to testify in an action or 
 proceeding pending therein; 
 
 6. To administer or cause to be administered oaths in an action or 
 proceeding pending therein, and in all other cases where in the exer- 
 cise of its powers it may be necessary ; 
 
 7. To amend and control its process and orders so as to make them 
 conformable to law and justice; 
 
 8. To appoint a clerk temporarily should there be a vacancy in said 
 office or should the clerk for any cause be unable to attend to his 
 duties. 
 
 Sec 12. Official language. — The official language of all courts and 
 their records shall be the English language. But the Supreme Court, 
 or any Circuit Court, may order a duplicate record in the Spanish 
 language to be made and duly enrolled in any action or proceeding, 
 whenever the court shall determine that such duplicate record would 
 promote the public convenience and the interests of the. parties. 
 
 Provided, That any party or his counsel may examine or cross- 
 examine witnesses, or make an oral argument in Spanish, the same 
 
6 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 to be clearly interpreted into English by a court interpreter; and a 
 party or his counsel may submit a written or printed pleading or 
 brief in Spanish, if at the same time he accompany it by a correct 
 English translation. 
 
 Chapter II. 
 
 LAWYERS, THEIR QUALIFICATIONS AND DUTIES. 
 
 Sec 13. Who may practice as lawyers. — The following persons, if 
 not specially declared ineligible, are entitled to practice law in 
 the courts of the Canal Zone. All attorneys at law who were per- 
 mitted to practice their profession within the territory of which 
 the Canal Zone is constituted on or before the 23rd day of Feb- 
 ruary, 1904, will be entitled to practice before the Canal Zone courts 
 upon presenting evidence of this fact. 
 
 Sec 14. Qualification of applicants. — Other persons who desire to 
 be admitted to the practice, will appear before the Supreme Court, 
 producing a certificate of good moral character, and be examined 
 touching their qualifications to practice law. The subjects upon 
 which they are examined will be Real Estate, Personal Property, 
 Equity, Pleading, Contracts, Administrators and Executors, Crimi- 
 nal Law, and the Codes in force in the Canal Zone. 
 
 If in the opinion of the court they exhibit a sufficient acquaintance 
 with the subjects upon which examined to enable them to practice 
 their profession with efficiency a license to so practice will be issued 
 to them. 
 
 Sec 15. Study of law. — The Supreme Court by rule may require 
 that applicants shall have regularly and attentively studied law for a 
 fixed period before taking the examination, and may specify the 
 kind of evidence necessary to establish the fact. 
 
 Sec 16. Place and manner of examinations. — Such examinations 
 shall be conducted by the judges of the Supreme Court or by a com- 
 mittee of competent lawyers by them to be appointed, and shall be 
 held at such times as the judges of that court shall provide by 
 general or special rules. 
 
 Sec 17. Admission. — If upon examination, the candidate is found 
 qualified, the Supreme Court shall admit him as a member of the bar 
 for all the Courts of the Canal Zone, and shall direct an order to be 
 entered to that effect upon its records, and a certificate of such record 
 to be given to him by the clerk of the court, which certificate shall 
 be his license. 
 
 Sec 18. Oaths. — Before receiving a certificate the applicant shall 
 take and subscribe in court the following oath: 
 
 1. "I, recognize and accept the supreme authority of 
 
 the United States of America, in the Canal Zone, and I do swear that 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. i 
 
 I will obey the existing- laws which rule in the Canal Zone, as well 
 as the legal orders and decrees of the duly constituted authorities 
 therein ; that I impose upon myself this voluntary obligation without 
 any mental reservation or purpose of evasion. So help me God. 
 
 2. " I do solemnly swear that I will do no fasehood, nor consent to 
 the doing of any in court; I will not wittingly or willingly promote or 
 sue any false, groundless or unlawful suit, nor give aid nor consent 
 to the same; I will delay no man for money or malice, but will con- 
 duct myself in the office of a lawyer w r ithin the courts according to 
 the best of my knowledge and discretion, with all good fidelity as 
 well to the courts as to my clients. So help me God." 
 
 These oaths may be taken before any judge of the Supreme Court, 
 and a certificate that the oath has been taken shall be set forth in the 
 license. 
 
 Sec 19. Admission from other jurisdictions. — Every resident of 
 the Isthmus of Panama, not a citizen or subject of any foreign govern- 
 ment, who has been admitted to practice law in the Supreme Court 
 of the United States, or in any circuit court of appeals, circuit or 
 district court therein, or in the highest court of any State or Territory 
 of the United States, may be admitted to practice in the courts of the 
 Canal Zone upon the production of his license and satisfactory evi- 
 dence that such license has not been revoked and that the applicant 
 is of good moral character and professional standing. But the 
 judges of the Supreme Court may, by general rules, provide that an 
 applicant for admission under this section shall satisfactorily pass 
 an examination upon the codes of law, and procedure in force in the 
 Canal Zone. 
 
 The applicant under this section shall take the oath above provided 
 before receiving his license. 
 
 Sec. 20. Lawyer's roll. — The clerk of the Supreme Court shall 
 keep a roll of all the lawyers admitted to practice in the court, which 
 roll shall be signed by the person admitted before he receives his 
 license. 
 
 Sec 21. Disbarments. — A member of the bar may be removed or 
 suspended from his office as lawyer by the Supreme Court for any 
 deceit, malpractice or other gross misconduct in such office, or by 
 reason of his conviction of a crime involving moral turpitude or 
 for any violation of either of the oaths aforesaid, or for the willful 
 disobedience of any lawful order of the Supreme Court or Circuit 
 Courts, or for corruptly or willfully appearing as a lawyer for a 
 party to an action or proceeding without authority so to do. 
 
 Sec. 22. Suspension of lawyers. — Circuit Courts may suspend a 
 lawyer from the further practice of his profession for unprofessional 
 conduct in any case, or for conduct in the presence of the Court calcu- 
 lated to bring the administration of justice into derision or contempt. 
 Should such suspension occur in the trial of a case, the party to said 
 
8 CODE OF CIVIL PROCEDURE OF THE CANAL ZONK. 
 
 action, represented b}*' the lawyer so suspended, shall be entitled to 
 have said case continued until such suspension is removed, or until 
 such time as he may be reasonably able to secure another lawyer, and 
 shall have the right on such new hearing to have the case tried de 
 novo. 
 
 After such suspension such lawyer will not be privileged to prac- 
 tice his profession in any of the courts of the Canal Zone until 
 further action of the Supreme Court in the premises. 
 
 Sec. 23. Proceedings upon suspension. — Upon such suspension, the 
 judge of the Circuit Court ordering the suspension shall forthwith 
 transmit to the Supreme Court a certified copy of the order of sus- 
 pension and a full statement of the facts upon which the same was 
 based. Upon receipt of such certified copy and statement, the 
 Supreme Court shall make full investigation of the facts involved 
 and make such order revoking or extending the suspension, or remov- 
 ing the lawyer permanently from the roll, as it shall find the facts 
 to warrant. 
 
 Sec 24. Institution and costs of disbarment proceedings. — Pro- 
 ceedings for the removal or suspension of a lawyer may be taken by 
 the court of its own motion, or upon the complaint of another in 
 writing. It shall be the duty of the Prosecuting Attorney for the 
 Canal Zone to appear for the Government in all such proceedings in 
 the Supreme Court and to conduct prosecutions. The costs of the 
 prosecution of such proceedings shall be paid by the Government. 
 
 Sec. 25. Hearing of charges. — No lawyer shall be removed from 
 the roll or be suspended from the performance of his profession until 
 he has had full opportunity to answer the charges against him, and 
 to produce witnesses in his own behalf and to be heard by himself 
 and counsel, if he so desires, upon reasonable notice. But if upon 
 reasonable notice the accused fails to appear and answer the accusa- 
 tion, the court may proceed to determine the matter ex parte. 
 
 Sec 2G. Authority to appear. — No written power of attorney shall 
 be required to authorize a duly enrolled lawyer to appear in court 
 for hi^ client, but the presiding judge may, on motion of either party, 
 and on reasonable grounds therefor being shown, require any lawyer 
 who assumes the right to appear in an action or proceeding to pro- 
 duce or prove the authority under which he appears, and to disclose, 
 whenever pertinent to any issue, the name of the person who em- 
 ployed him, and may make any order that justice may require on 
 such investigation; but, prima facie, lawyers shall be held properly 
 authorized to represent any causes they may appear in. 
 
 Sec 27. Authority to bind their clients. — Lawyers have authority 
 to bind their clients in any action or proceeding by any agreement 
 in relation to the cause made in writing, in entering appeals, and 
 in all matters of ordinary judicial procedure. But they can not, with- 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 9 
 
 out special authority, compromise their client's litigation, or receive 
 anything in discharge of a client's claim but the full amount in 
 cash. 
 
 Sec. 28. Unauthorized appearances; contempt. — A lawyer will- 
 fully appearing in court for a person without being employed, unless 
 by leave of the court, is guilty of contempt of court, and may be 
 fined a sum of not less than one hundred dollars and not more than 
 one thousand dollars by the court in which such unauthorized ap- 
 pearance has been entered. 
 
 Sec. 29. Lawyers' fees. — A lawyer shall be entitled to have and 
 recover from his client no more than a reasonable compensation for 
 the services rendered, having in view the importance of the sub- 
 ject-matter of the controversy, the extent of the services rendered, 
 and the professional standing of the lawyer. But in such cases the 
 court shall not be bound by the opinion of lawyers as expert wit- 
 nesses as to the proper compensation, but may disregard such testi- 
 mony and base its conclusion on its own professional knowledge. A 
 written contract for services shall control the amount of recovery 
 if found by the court not to be unconscionable or unreasonable. 
 
 Sec. 30. Retention, of client's funds. — When a lawyer unjustly 
 retains in his hands money of his clients after it has been demanded, 
 he may be dealt with as for contempt of court, and may, after due 
 hearing, be imprisoned until he pays over his client's moneys ascer- 
 tained to be unlawfully in his hands, for a period not exceeding 
 six months in all. But proceedings under this section shall not be a 
 bar to a criminal prosecution for embezzlement. 
 
 Sec. 31. Inviolability of communications of clients. — A lawyer 
 must strictly maintain inviolate the confidence and preserve the 
 secrets of his client. He shall not be permitted in any court, without 
 the consent of his client, given in open court, to testify to any facts 
 imparted to him by his client in professional consultation, or for the 
 purpose of obtaining advice upon legal matters. 
 
 Sec. 32. Change of lawyers. — A lawyer may retire at any time 
 from any action or special proceeding, by the written consent of his 
 client filed in court, and a client may at any time dismiss his lawyer 
 or substitute another in his place. A lawyer may also retire at any 
 time from an action or special proceeding, without the consent of his 
 client, should the court, on notice to the client and lawyer, and on 
 hearing, determine that he ought to be allowed to retire. In case of 
 such substitution, the name of the lawyer newly employed shall be 
 entered on the docket of the court in place of the former one, and 
 written notice of the change shall be given to the adverse party. 
 
 Sec. 33. Employment of lawyers not required. — Any party may 
 conduct his litigation in a court of a district judge, in person or 
 with the aid of an agent or friend appointed by him for that pur- 
 
10 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 pose, or with the aid of a lawyer; in any other court a party may 
 conduct his litigation personally or by the aid of a lawyer, and his 
 appearance must be either personal or by the aid of a duly authorized 
 member of the bar. 
 
 Sec. 34. Lawyers for destitute litigants. — The Supreme Court and 
 Circuit Courts may, in their discretion, assign any lawyer to render 
 professional aid to a party, in pending action, free of charge, if 
 such court, upon full investigation shall find that the party is des- 
 titute and unable to employ a lawyer and that the services of counsel 
 are necessary to secure the ends of justice and to protect the rights 
 of the party. Upon such assignment, it shall be the duty of the 
 lawyer assigned to render the required services, unless he shall be 
 excused therefrom b}' the court for sufficient cause shown. 
 
 Sec. 35. Judges as lawyers. — No judge of the Supreme Court or 
 Circuit Court, or clerk of court nor the prosecuting attorney or as- 
 sistant prosecuting attorney shall be allowed to act as a lawyer or to 
 give professional advice to clients while holding office. 
 
 Sec. 36. Lawyers' 1 liens. — A lawyer shall have a lien upon all the 
 funds and papers and documents of his client which may lawfully 
 have come into his possession, and may retain the same until his 
 lawful fees and disbursements due to him from his client have been 
 paid, and may apply such funds to the satisfaction thereof. He shall 
 also have a lien to the same extent upon all judgments and decrees 
 for the payment of money, and executions issued in pursuance of 
 such judgments and decrees which he has secured in a litigation of 
 his client, from and after, but not before, the time when he shall 
 have caused a statement of his claim of such lien to be entered upon 
 the records of the court rendering such judgment or decree, or issuing 
 such execution, and shall have caused written notice thereof to be 
 delivered to the adverse party, and shall have the same right and 
 power over such judgments, decrees, and executions to enforce his 
 lien as his client had or may have, to the extent that may be neces- 
 sary for the payment of his just fees and disbursements. 
 
 Chapter III. 
 
 PRESCRIPTION ; TIME OF COMMENCING ACTION. 
 
 Sec. 37. To what this chapter does not apply. — This chapter shall 
 not apply to actions already commenced, or to cases wherein the right 
 of action has already accrued; but the statutes in force when the 
 action or right of action accrued shall be applicable to such cases 
 according to the subject of the action and without regard to the 
 form; nor shall this chapter apply in the case of a continuing and 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 11 
 
 subsisting trust, nor to an action by the vendee of real property 
 in possession thereof to obtain the conveyance of it. 
 
 Sec 38. Special limitations excepted. — Civil actions can only be 
 commenced within the periods prescribed in this chapter after the 
 cause of action accrues; but where a different limitation is pre- 
 scribed by this Code, that shall govern. 
 
 Sec 39. Period of prescription as to real estate. — Except in the 
 case of the Government of the United States or the Canal Zone an 
 action for recovery of title to, or possession of, real property, or an 
 interest therein, can only be brought within ten years after the cause 
 of such action accrues. 
 
 Sec 40. Title to land by prescription. — Ten years' actual adverse 
 possession by any person claiming to be the owner for that time of 
 any land or interest in land, uninterruptedly continued for ten years 
 by occupancy, descent, grants, or otherwise, in whatever way such 
 occupancy may have commenced or continued, except in the case of 
 public lands, shall vest in every actual occupant or possessor of such 
 land a full and complete title, saving to the persons under disabilities 
 the. rights secured by the next section. In order to constitute such 
 title by prescription or adverse possession, the possession by the 
 claimant or by the person under or through whom he claims must 
 have been actual, open, public, continuous, under a claim of title 
 exclusive of any other right and adverse to all other claimants. But 
 failure to occupy or cultivate land solely by reason of war shall not 
 be deemed to constitute an interruption of possession of the claimant, 
 and his title by prescription shall be complete, if in other respects 
 perfect, notwithstanding such failure to occupy or cultivate the land 
 during the continuance of war. 
 
 Sec 41. Exceptions in favor of persons under disability. — If a per- 
 son entitled to bring the action mentioned in the preceding sections 
 in this chapter is, at the time the cause of action accrues, within the 
 age of minority, of unsound mind or in prison, such person may, after 
 the expiration of ten years from the time the cause of action accrues, 
 bring such action within three years after such disability is re- 
 moved. 
 
 Sec 42. Other civil actions; how limited. — Civil actions other than 
 for the recovery of real property can only be brought within the fol- 
 lowing periods after the right of action accrues: 
 
 1. Within ten years: An action upon an agreement, contract, or 
 promise in writing, or upon the judgment or decree of a court; 
 
 2. Within five years : An action upon a contract not in writing, 
 whether such contract is expressed or implied, and an action upon a 
 liability created by a statute other than a forfeiture or penalty ; 
 
 3. Within two years: All actions for an injury to or trespass upon 
 real estate; for the recovery of personal property; for the recovery 
 
12 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 of damages for taking, retaining or injuring personal property; 
 for an injury to the rights of the plaintiff not arising on contract 
 and not hereinafter enumerated; for relief on the ground of fraud; 
 shall be commenced within two years next after the cause of action 
 accrued, except that in action for relief on the ground of fraud, the 
 right of action in such cause shall not be deemed to have accrued 
 until the disco veiy of the fraud. 
 
 4. Within one year: Action for injury to the person; action for 
 libel or slander; for assault, battery, malicious prosecution or false 
 imprisonment, or for injuries resulting therefrom; action upon a 
 statute for a penalty or forfeiture; shall be brought within one year 
 after the cause of action accrued, but where a different limitation is 
 prescribed in the statute by which the remedy is given the action 
 must be brought within the period so limited. 
 
 Sec. 43. For other relief. — An action for relief not herein provided 
 for can only be brought within ten years after the cause of action 
 accrues. 
 
 Sec 44. Rights saved to certain persons. — If a person entitled to 
 bring any action mentioned in either of the two last preceding sec- 
 tions is, at the time the cause of action accrues, within the age of 
 minorit}', of unsound mind, or in prison, such person may bring such 
 action within two years after the disability is removed unless the 
 right of action is one of those named in subdivision four of section 
 forty-two, in which case it may be brought within one j-ear after such 
 disabilky is removed. 
 
 Sec 45. When action deemed commenced. — An action shall be 
 deemed commenced within the meaning of this chapter, as to each 
 defendant, at the date of the filing of the complaint in court, but if 
 an additional defendant is made after the commencement of the 
 action, the action shall be deemed commenced within the meaning of 
 this chapter, as to such defendant, at the date of the summons which 
 is served on him. 
 
 Sec 46. As to absent persons. — If, when a cause of action accrues 
 against a person, he is out of the Canal Zone, or has absconded or 
 concealed himself, and has not known or visible property within the 
 Canal Zone, the period limited for the commencement of the action 
 shall not begin to run until he comes into the Canal Zone or while he 
 is so absconded or concealed, or until he has known or visible prop- 
 erty within the Zone; and if, after the cause of action accrues, he 
 departs from the Canal Zone, or absconds or conceals himself, the 
 time of his absence or concealment shall not be computed as any part 
 of the period within which time the cause of action should be 
 brought. 
 
 Sec 47. //' bailed at place where cause of action arose, barred 
 
CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 13 
 
 fore. — If, by the laws of the state or country where the cause of 
 action arose, the action is barred, it is also barred in the Canal Zone. 
 
 Sec. 48. Saving in other cases. — If, in an action commenced, or 
 attempted to be commenced, in due time, a judgment for the plaintiff 
 be reversed, or if the plaintiff fail otherwise than upon the merits, 
 and the time limited for the commencement of such action has, at the 
 date of such reversal or failure, expired, the plaintiff, or, if he die 
 and the cause of action survive, his representatives may commence a 
 new action within one year after such date, and this provision shall 
 apply to any claim asserted in any pleading by a defendant. 
 
 Sec. 49. What shall renew right of action. — When payment has 
 been made upon any demand founded upon contract, or a written 
 acknowledgment thereof or a promise to pay the same has been made 
 and signed by the party sought to be charged, an action may be 
 brought thereon within the time herein limited, after such payment, 
 acknowledgment, or promise. 
 
 Chapter IV. 
 
 PROCEDURE IN DISTRICT COURTS. 
 
 Sec. 50. Summons. — Every action before a district judge, ex- 
 cept as otherwise provided, shall be commenced by summons, which 
 shall be in the following form, as nearly as the case will admit, viz : 
 
 " United States or America, 
 
 " Canal Zone, ss: 
 
 " The Government of the Canal Zone, to any marshal of said 
 Canal Zone, greeting: 
 
 " You are hereby commanded to summon A. B. to appear before 
 
 me at on the day of at o'clock — M, 
 
 to answer the complaint of C. D. for a failure to pay him a certain 
 demand, not exceeding one hundred dollars, and hereof make due 
 return, as the law directs. 
 
 " Given under my hand this day of 19__. 
 
 "District Judge." 
 In which summons the district judge shall specif} 7 a certain 
 place, day and hour which shall be between the hours of eight o'clock 
 a. m. and 4 o'clock p. m. for the trial, not less than five nor more 
 than fifteen days from the date of such summons, at which time and 
 place the defendant is to appear. Every summons shall be served 
 at least three days before the time of trial mentioned therein, by 
 reading the same to the defendant. 
 
 Sec. 51. The complai?it. — The complaint shall state the name and 
 residence of the plaintiff and that of the defendant, the substance 
 of the claim made, the grounds of action, the amount sought to be 
 recovered, and the date when the claim is presented to the court. 
 
 803a— 07— m 2* 
 
1 4 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Sec. 52. Nonsuit. — If the plaintiff does not appear at the time and 
 place designated in the summons, the judge may dismiss the action 
 for failure to prosecute, and render judgment for the defendant to 
 recover his lawful costs. But such dismissal without hearing shall 
 not be a bar to a subsequent action for the same cause. 
 
 Sec 53. Default. — If the defendant does not appear at the time 
 and place designated in the summons, judgment may be rendered 
 against him by default, and the court shall thereupon proceed to 
 hear the testimony of the plaintiff and his witnesses as to the amount 
 which the plaintiff is entitled to recover, and shall render judgment 
 for the plaintiff to recover of the defendant such sum as he finds 
 established by the evidence to be justly due with lawful costs; but 
 in all actions for the recovery of money under a contract, express or 
 implied, where the cause of action is set forth in a complaint verified 
 by the plaintiff, judgment by default for the amount sued for may 
 be entered without taking the testimony of the plaintiff and his 
 witnesses. 
 
 Sec 54. Vacating nonsuits and defaults. — Within two hours after 
 the entry of a nonsuit or default as provided in the last two preced- 
 ing sections, the court may strike off the entry of nonsuit or default 
 and allow the party nonsuited or defaulted to have a trial upon the 
 merits of the cause, if such party shall appear and make it manifest 
 to the court that his failure to appear at the time designated occurred 
 by reason of fraud, accident, or mistake. 
 
 Sec 55. Trial. — The defendant may interpose any lawful defense, 
 including a counterclaim or plea in offset, for any sum not exceeding 
 the jurisdictional limit of a district court, verbally, without written 
 pleadings. The plaintiff may make an opening statement by himself, 
 his agent or counsel, if he so desires, explaining the character of his 
 claim, and the defendant, personally or by his agent or counsel, may 
 make a like opening statement, if he so desires, explaining the charac- 
 ter of his defense or counterclaim. Upon the conclusion of the open- 
 ing statement, the court shall hear the testimony of the plaintiff and 
 his witnesses ; afterwards, the testimony of the defendant and his wit- 
 nesses, all under the sanction of an oath. Upon the conclusion of 
 the testimony in behalf of the defendant, the plaintiff may offer re- 
 butting testimony. When the testimony has been closed, the de- 
 fendant or his agent or counsel shall be heard in argument, if he so 
 desires, and upon the conclusion of his argument the plaintiff or his 
 agent or counsel shall be heard, if he so desires. 
 
 Sec 56. Testimony. — All testimony, except documentary, shall be 
 given orally in court, at the time of trial, unless the written tes- 
 timony of witnesses shall have previously been taken in accordance 
 with general law upon that subject and produced at the trial in the 
 form of depositions. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 15 
 
 Sec. 57. Adjournment. — District courts shall have power to ad- 
 journ the hearing of an action from day to day as the interests of 
 justice may require, but shall not have the power to adjourn hearings 
 for a longer period than one week for each adjournment, nor for 
 more than three months in all. 
 
 Sec. 58. Power to punish for contempt of court. — District judges 
 may summarily impose a fine not exceeding five dollars, or sentence 
 to imprisonment for a period not exceeding one day, or impose both 
 of such punishments, upon a person guilty of misbehavior in the 
 presence of or so near the district judge as to obstruct him in the 
 performance of his judicial duties. 
 
 Sec. 59. Judgments. — At the conclusion of the trial, the judge shall 
 render judgment for the plaintiff to recover such sum as he finds to 
 be justly his due, with costs; or for the defendant to recover his 
 costs, as the law and evidence may warrant. If there is a counter- 
 claim or plea in offset the judge shall render judgment for the sum 
 found in arrear from either party, with costs. But he may adjourn 
 the disposition of the case to a stated day, not exceeding one week 
 from the time of the conclusion of the trial, for the consideration 
 of judgment, if he require time for consideration. 
 
 Sec. 60. Form of judgment. — The entry of judgment need not state 
 the facts or conclusions arrived at by the judge, but shall be sub- 
 stantially in the following form only : 
 
 " Judgment for the plaintiff to recover dollars damages 
 
 and costs of the action ; " or 
 
 " Judgment for the defendant to recover his costs," if he shall not 
 be entitled to anything on a counterclaim ; or, " Judgment for the 
 
 defendant to recover dollars and his costs," if he shall have 
 
 established a counterclaim in excess of the demand established by the 
 plaintiff. » 
 
 Sec. 61. Witnesses may be subpoenaed. — At the instance of either 
 party the judge may at any time after the commencement of the 
 action issue a subpoena directed to any witness whose testimony may 
 be desired, requiring his attendance as a witness at a time and place 
 therein specified, which subpoena shall be served upon the witness 
 in the same manner as has been above provided for the service of a 
 summons to the defendant, and his lawful fees as a witness shall, 
 if he require it, be then tendered to him. If the witness fails to 
 appear at the time and place specified in the subpoena, the judge may 
 issue a warrant upon which he may be seized and brought before 
 the judge and compelled to testify, and the costs of such warrant 
 and seizure of the witness shall be paid by the witness if the judge 
 shall determine that his failure to answer the subpoena was willful 
 or without excuse. 
 
 Sec. 62. Dockets. — Every district judge shall keep a well-bound 
 
16 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 book, styled " Docket," upon each page of which shall be room for 
 entries as to two actions, entries as to one to occupy the upper half of 
 the page, and, as to the other, the lower half. Upon it he shall 
 enter the names of the plaintiff and defendant in any suit brought 
 before him; the time of issuing process, and when returnable; the 
 appearance or default of the person summoned to appear ; the names 
 of the witnesses sworn; the date and amount of the judgment; the 
 date of issuing execution, when one is issued, and a copy of the 
 return thereon; the appeal, when and by whom demanded, and, 
 briefly, all the proceedings before him touching the suit. 
 
 Sec 63. Entry to identify docket. — Each district judge shall, at 
 the beginning and in front of all his entries in his docket, make 
 and subscribe substantially the following entry, to wit : 
 
 " A docket of proceedings in matters civil and criminal before 
 
 district judge of the administrative district of 
 
 Canal Zone. 
 
 " Witness my signature, 
 
 District Judge.''' 1 
 
 Sec. 64. Final disposition of dockets. — Every district judge 
 whose term of office shall expire, or who shall resign, remove from 
 the Zone, or otherwise go out of office and the legal representative 
 of every district judge who shall die, shall, within ten days 
 thereafter, deliver his docket, with all process and papers and books 
 relating to his office, to the clerk of the Circuit Court of the judicial 
 circuit of the district; and if any district judge shall refuse 
 or neglect to deliver such docket, process, papers and books, to said 
 clerk as required, or, in case of his death, should his legal representa- 
 tive fail so to do, he or they shall be guilty of a misdemeanor, and, 
 on conviction thereof, shall be punished by a fine not exceeding five 
 hundred dollars, or by imprisonment for not more than six months, 
 or by both. Said clerk shall keep in his office such docket, process, 
 papers, and books as public records, and shall certify copies thereof, 
 while kept by him, whenever lawfully demanded. While such docket, 
 process, papers, and books are in the custody of the clerk, if there 
 shall be on such docket any judgment unexecuted, the clerk may issue 
 execution upon such judgment, and the execution so issued shall have 
 the same effect as if issued by the judge who rendered the judgment. 
 
 Sec 65 Execution. — If no appeal from a judgment of a district 
 judge shall be perfected as herein provided, the district judge 
 shall, at the request of the successful party, issue an execution for 
 the enforcement of the judgment, at the expiration of the time 
 limited by law for the perfection of an appeal. 
 
 Sec 66. When judge is disqualified. — When a judge is disqualified 
 from presiding, or where there is no judge in the district where 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 17 
 
 the action is to be brought, or there is one and he refuses to serve, 
 generally or in any particular case, and there is no auxiliary judge 
 in the district competent and able to sit, any district judge of 
 the Zone shall be authorized to issue all process and to preside in the 
 particular case and in the administrative district in which the action 
 shall be brought, 
 
 Sec. 67. Appeals. — Either party to an action before a district 
 judge may appeal from the judgment of the judge to the next regular 
 stated term of the Circuit Court to be held within the circuit in which 
 the judgment was rendered in the manner herein provided. 
 
 Sec. 68. Effect of appeals. — A perfected appeal shall operate to 
 vacate the judgment of the district judge, and the action when duly 
 entered in the Circuit Court shall stand for trial de novo upon its 
 merits in accordance with the regular procedure in that court, as 
 though the same had never been tried and had been originally there 
 commenced. 
 
 Sec. 69. Appeals, how perfected. — Within five days after the ren- 
 dition of a judgment by a district judge, the party desiring to 
 appeal may file with the judge a written statement that he appeals 
 to the Circuit Court, and shall, within said period of five days, give 
 a bond with sufficient surety to be approved by said judge, payable 
 to the opposite party, in the penal sum of one hundred dollars, con- 
 ditioned for the payment of all such costs in the action as finally may 
 be awarded against him. The filing of such statement and giving of 
 such bond shall perfect the appeal. 
 
 Sec. 70. 'Copy of record to be transmitted. — The district judge, 
 upon the perfection of the appeal, shall prepare and certify his 
 record to the following effect namely : 
 
 " Copy of the record of the proceedings before the 
 
 district judge of the district of in the Canal 
 
 Zone, in the case herein set forth, to wit: (Here copy the entries on 
 the docket and certify as follows, namely:) 
 
 " Canal Zone, District of , I, district 
 
 judge of the said district, certify that the foregoing is a copy of the 
 record and proceedings before me in the case stated therein as appears 
 on my docket. 
 
 " Given under my hand this day of , A. D. 19__. 
 
 " District Judge." 
 
 Sec. 71. Papers to be delivered to clerk of Circuit Court. — The 
 district judge from whose decision an appeal shall be taken shall, 
 on or before the first day of the next term of the Circuit Court for 
 the circuit in which the same is returnable, transmit to the clerk of 
 that court a certified copy of the record of proceedings, with all the 
 original papers and process in the case, and the original appeal bond 
 
18 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 given by the appellant, or if money bond was taken said money, and 
 the clerk shall docket the same in the Circuit Court, and shall be 
 entitled to the same fees, upon such appeals, as for similar services 
 in suits originating in said court. The district judge shall at all 
 times be allowed, and, in the interest of justice, may be required, by 
 the Circuit Court, to amend his return according to the facts. 
 
 Sec. 72. Settlement of appeal cases. — At any time after the per- 
 fection of an appeal from a judgment of a district judge and be- 
 fore the papers have been transmitted to the clerk of the Circuit 
 Court to which the action is appealed, the parties may adjust the 
 controversy by agreement in writing, signed by both parties and 
 lodged with the judge, who shall enter the same upon his docket, and 
 no further proceeding shall thereafter be taken in the action. But 
 if the appeal papers have already been transmitted to the clerk of 
 the Circuit Court, then the judge shall immediately transmit the 
 compromise agreement to the clerk of the Circuit Court, who shall 
 file the same and enter a memorandum thereof upon his docket, and 
 no further proceedings shall thereafter be taken in the action. 
 
 Sec 73. Forcible entry into and detainer of land or buildings. — 
 Anyone deprived of the possession of land, or a building, by force, 
 intimidation, fraud, strategy, or stealth, and any landlord, vendor, 
 vendee, or other person, against whom the possession of land or a build- 
 ing is unlawfully withheld, by his tenant, vendee, vendor, or other 
 person, after the expiration of his right by contract express or implied, 
 to hold possession, and the legal representatives or assigns of him 
 who is so deprived of possession, or from whom possession is so with- 
 held, as against him who so obtains possession or withholds posses- 
 sion after the expiration of his rights, and all persons claiming to 
 hold under him, shall, at any time within one year after such depri- 
 vation or unlawful withholding of possession be entitled to restitu- 
 tion of possession, and to damages, in a district court, in the man- 
 ner hereinafter prescribed. The owner of land, or of a building, 
 occupied by a tenant, may likewise obtain restitution or possession of 
 the premises, and recover rents due and damages, in the manner next 
 hereinafter provided, when the tenant for ten days after due demand 
 for payment of rent due for the occupancy of the premises shall 
 have refused or neglected to make payment of the same. 
 
 Sec. 74. The complaint. — The party turned out of possession, or 
 held out of possession, may institute an action before any district 
 judge of the district in which the land or building, or some part 
 thereof, is situated, to recover possession thereof and damages. The 
 complaint shall be substantially in the following form : . 
 
 " The plaintiff (naming him) complains that the defendant (nam- 
 ing him) has unlawfully turned him out of possession (or unlawfully 
 withholds from him the possession, as the case may be) of certain 
 
CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 19 
 
 lands and building (here describe the premises) lying and being 
 within said district, whereof he prays the possession, and he also 
 prays for just damages and costs. 
 
 "(The plaintiff naming him.)" 
 
 The complaint shall be verified by the oath of the plaintiff, or his 
 agent or attorney, and certified by the district judge before whom 
 the action is instituted. Process shall issue to and be served upon 
 the defendant, as in other actions before a district judge. 
 
 Sec. 75. Trial. — The action shall be tried in the same manner as 
 other actions before a district judge. 
 
 Sec 76. Continuance, and obligation therefor. — No continuance 
 shall be granted for a longer period than one week, unless the de- 
 fendant applying therefor shall give an obligation to the adverse 
 party, with good and sufficient sureties to be approved by the judge, 
 conditioned for the payment of rent and damages that may accrue, 
 if judgment be rendered against the defendant. 
 
 Sec 77. Judgment. — If, upon trial, the court shall find that the 
 complaint is not true, it shall enter judgment against the plaintiff 
 for costs. If it finds the complaint to be true, it shall render judgment 
 against the. defendant in favor of the plaintiff for restitution of the 
 premises, and costs of suit, and for all arrears of rent, or a reason- 
 able compensation for the use and occupation of the premises. 
 
 Sec 78. The execution. — When a judgment of restitution shall be 
 entered by the justice, he shall, at the request of the plaintiff, his 
 agent or attorney, issue a writ of execution thereon, which shall be 
 in the following form, as near as practicable : 
 " The Canal Zone, 
 
 "District of 
 
 " To any officer authorized to serve process in the district of 
 
 " Whereas, in a certain action for the forcible entry and detention 
 (or forcible detention, as the case may be) of the following-described 
 premises, to wit, (here describe them) lately tried before me, wherein 
 
 was plaintiff and was defendant, judgment 
 
 was rendered on the day of A. D. 19 , that the plaintiff 
 
 have restitution of the premises, and also that he recover damages to 
 
 the amount of dollars; also that he recover costs in the sum 
 
 of dollars. You are therefore hereby commanded to cause 
 
 the defendant to forthwith remove from said premises, and that the 
 said plaintiff have restitution of the same; also that you levy upon 
 the goods and chattels of the said defendant and collect from him 
 the rent, damages, and costs aforesaid, and costs of this execution and 
 service thereof, in due form of law. 
 
 "Witness my hand this day of A. D. 19__ 
 
 "District Judge.'''' 
 But such execution shall not issue within five days from the date 
 of the judgment, nor if an appeal to the Circuit Court has been per- 
 
20 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 fected by the due execution and delivery of the obligation referred 
 to in section eighty-one. 
 
 Sec. 79. Service of execution. — The officer shall, upon receiving the 
 execution, execute the same, by restoring to the plaintiff the posses- 
 sion of the premises, and shall levy and collect the rent, damages, 
 and costs awarded, and make return, as upon other executions. 
 
 Sec. 80. Such judgment not conclusive in another action. — A judg- 
 ment rendered in a suit of unlawful entry and detainer, either for 
 the plaintiff or defendant, shall not bar an action in the Circuit 
 Court between the same parties respecting title to the land or build- 
 ing; nor shall any judgment given therein be held conclusive of the 
 facts found in another action between the same parties. 
 
 Sec 81. Appeal. — Either party may appeal from the judgment of 
 the district judge to the Circuit Court and the suit shall therein 
 be conducted as appeals from district judges in other civil actions: 
 if the plaintiff recovers possession of the premises in the Circuit 
 Court, he shall have judgment for the amount of rents or damages 
 then due. If the defendant appeals from the judgment of the judge 
 he shall give an obligation to the plaintiff with sufficient sureties, 
 to be approved by the judge, to enter the action in the Circuit Court, 
 and to pay rent then due, and intervening rent, damages, and costs; 
 and the defendant and the sureties shall be liable upon their obliga- 
 tion for such rent, intervening rent, damages, and costs, down to the 
 time of the final judgment in the action. The appeal shall not be 
 allowed until such obligation has been filed with the judge, and the 
 obligation shall be transmitted by the judge with the other papers 
 to the clerk of the Circuit Court to which the action is appealed. 
 
 PROCEDURE IN CIRCUIT COURTS IN ACTIONS. 
 
 Chapter V. 
 
 PLEADINGS. 
 
 Sec 82. Pleadings. — The only pleading allowed on the part of the 
 plaintiff shall be : 
 
 1. The complaint; 
 
 2. The demurrer to the answer ; 
 And on the part of the defendant : 
 
 1. The demurrer to the complaint; 
 
 2. The answer. 
 
 Sec 83. Complaint. — The complaint is a statement in a methodical 
 and logical form of the circumstances which constitute the plaintiff's 
 cause of action. The complaint must contain : 
 
 1. The name of the court and circuit in which the action is brought, 
 and the names of the parties to the action ; 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 21 
 
 2. A brief statement of the facts constituting the cause of action, 
 in ordinary and concise language without argument or unnecessary 
 repetition with a reference by number or page to the sections of the 
 several codes, if any, upon which the action is founded. If the com- 
 plaint contains more than one cause of action, each distinct cause 
 of action must be set forth in a separate paragraph containing all 
 the facts constituting the particular cause of action; 
 
 3. A demand for the relief which the plaintiff claims. 
 
 4. Where documents are relied upon they shall accompany the 
 memorial or complaint. A properly authenticated copy of any 
 document, made by an officer in charge of the archives in which the 
 original is kept, may be used in evidence in lieu of the original. 
 
 5. All pleadings in the case must be written either in English or 
 Spanish, and must be on regular legal cap paper, and written on 
 but one side, and always be furnished in duplicate. For convenience, 
 papers in the case written on typewriter are desirable, although not 
 obligatory. 
 
 6. All pleadings in the case shall be translated from Spanish to 
 English if necessary by the officers of the court free of charge to 
 those offering same. 
 
 7. All documents and exhibits of whatever character and kind 
 shall be furnished to the court with a translated copy, if in Spanish ; 
 or, in case they do not so furnish them, the party offering the same 
 shall deposit a fund sufficient to have them translated from Spanish 
 into English. 
 
 8. The rate of translating from Spanish to English shall be fifty 
 cents per typewritten page of three hundred words. 
 
 9. Documents not accompanying the memorial, petition or com- 
 plaint, or the answer, or the counter-claim, or some other pleading in 
 the cause, may be excluded by the court unless the same are offered a 
 sufficient length of time before the trial to have the same properly 
 translated, unless some sufficient reason for their non-production 
 earlier is given or the court admits the same for other good and 
 sufficient cause. 
 
 10. If the recovery of money or damages is demanded, the amount 
 demanded must be stated. If special relief, such as an order for the 
 specific restitution of property, or the specific enforcement of a writ- 
 ten contract for the sale of property, or an injunction is sought, the 
 ground of demanding such relief must be stated and the special relief 
 prayed for. But there may be added to the statement of the specific 
 relief demanded a general prayer for such further or other relief as 
 shall be deemed equitable. 
 
 Sec. 84. Demurrer to the complaint. — The demurrer is an allega- 
 tion that, admitting the facts of the preceding pleading to be true, as 
 stated by the party making it, he has yet shown no cause why the 
 
22 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 party demurring should be compelled by the court to proceed further. 
 It imports that the objecting party will not proceed, but will wait 
 the judgment of the court, whether he is bound so to do. The defend- 
 ant may demur to the complaint, or to the statement of any distinct 
 cause of action therein set forth, within the time fixed by general 
 rules of court for such pleadings when it appears upon the face 
 thereof, either : 
 
 1. That the court has no jurisdiction of the person of the defend- 
 ant, or the subject of the action ; or 
 
 2. That the plaintiff has not legal capacity to sue; or 
 
 3. That there is another action pending between the same parties 
 for the same cause ; or 
 
 4. That there is a defect or misjoinder of parties, plaintiff or 
 defendant ; or 
 
 5. That the complaint is ambiguous, unintelligible, or uncertain ; or 
 
 6. That reference to the section of the Code upon which the plain- 
 tiff relies to sustain his action has not been made ; or 
 
 7. That the complaint does not state facts sufficient to constitute a 
 cause of action. 
 
 The demurrer must distinctly specify the grounds upon which any 
 of the objections to the complaint, or to any of the causes of action 
 therein stated, are taken. 
 
 Sec. 85. Mattel's not apparent of record.— When any of the matters 
 enumerated in section eighty-four do not appear upon the face of the 
 complaint, the objection can only be taken by answer. 
 
 Sec 86. Effect of failure to object. — If no objection be taken to the 
 complaint, either by demurrer or answer, the defendant shall be 
 deemed to have waived all objections excepting only the objection to 
 the jurisdiction of the court, over the subject-matter, and that the 
 complaint does not state facts sufficient to constitute a cause of action. 
 
 Sec. 87. The answer. — The ans-wer is a defense in writing, made by 
 a defendant to the charges contained in a complaint filed by the 
 plaintiff against him. The answer of the defendant shall contain: 
 
 1. A general or specific denial of the material allegations of the 
 complaint, controverted by the defendant. A general denial puts in 
 issue only the material allegations of the complaint; 
 
 2. A statement of any new matter constituting a defense or coun- 
 terclaim. A material allegation of the complaint which is neither 
 general nor specifically denied in the answer shall be deemed to have 
 been admitted. 
 
 Sec 88. Defendant having < mutter claim. — The defendant may set 
 forth by answer as many defenses and counterclaims as he may have, 
 whatever their nature. They must be separately stated, and the 
 several defenses must refer to the cause of action which they are 
 intended to answer, in a manner by which they may be intelligibly 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 23 
 
 distinguished. The defendant may also answer one or more of the 
 several causes of action stated in the complaint, and demur to the 
 residue. 
 
 Sec. 89. Character of counterclaim. — A counterclaim, to be avail- 
 able as a defense in an answer, must be one in favor of all the sub- 
 stantial defendants and against all the substantial plaintiffs in the 
 action. 
 
 Sec 90. Effect of omission to set up counter claim. — If the right 
 out of which the counterclaim arises exists at the time of the com- 
 mencement of the action and arises out of the transaction set forth 
 in the complaint as the foundation of the plaintiff's claim, or is neces- 
 sarily connected with the subject of the action, neither the defendant 
 nor his assignee can afterwards maintain an action against the 
 plaintiff therefor, if the defendant omits to set up a counterclaim 
 for the same. But if the counterclaim arises out of transactions 
 distinct from those set forth in the complaint as the foundation of 
 the plaintiff's claim and not connected with the subject of the action, 
 the defendant shall not be barred from any subsequent action upon 
 such counterclaim by reason of his failure to set it up in his answer 
 to the pending action. 
 
 Sec 91. Cross complaint. — Whenever the defendant seeks affirma- 
 tive relief apart from the payment of money, he may, in addition 
 to his answer, file at the same time, or by permission of the court 
 subsequently, a cross complaint. The defendants to the cross com- 
 plaint may demur or answer thereto as they would to an original 
 complaint. Where it is necessary for the defendant to bring a new 
 party or parties before the court, he shall so state in his cross com- 
 plaint and a summons shall issue and other proceedings be had, as in 
 the case of an original complaint. 
 
 Sec 92. Demurrer to answer. — The plaintiff may, within a period 
 to be fixed by general rules of court, demur to the answer of the 
 defendant or to one or more of the several defenses or counterclaims 
 set up in the answer, so as thus to test the legal sufficiency of the 
 answer. 
 
 Sec 93. Grounds of demurrer to answer. — The demurrer may be 
 taken upon one or more of the following grounds: 
 
 1. That the answer does not state facts sufficient to constitute a 
 defense or counterclaim; 
 
 2. That the answer is ambiguous, unintelligible, or uncertain. 
 The demurrer must distinctly specify the grounds upon which any 
 
 of the objections to the answer are taken. 
 
 Sec 94. Proceedings on demurrer. — When a demurrer to any 
 pleading is sustained, the party whose pleading is thus adjudged 
 defective may amend his pleading within a time to be fixed by thvi 
 court, with or without terms, as to the court shall seem just; but if 
 
21 CODE OF CIVIL PKOCEDUKE OF THE CANAL ZONE. 
 
 the party fails to amend his pleading within the time limited or elects 
 not to amend, the court shall render such judgment upon the subject- 
 matter involved in the pleading and demurrer as the law and the 
 facts of the case as set forth in the pleadings warrant. If the 
 demurrer is overruled, the court shall proceed, if no answer is filed, 
 to render such judgment as the law and the facts duly pleaded war- 
 rant. But after the overruling of a demurrer to an answer the plain- 
 tiff may amend his complaint, if necessary, to meet new facts or 
 counterclaims set forth in the answer. 
 
 Sec. 95. Authentication of pleadings. — Every pleading must be 
 subscribed by the party or his attorney and a copy thereof must be 
 forthwith furnished to the adverse party or his attorney. 
 
 Sec 96. Actions and defenses based upon written instruments. — 
 When an action is brought upon a written instrument and the com- 
 plaint contains or has annexed a copy of such instrument, the genu- 
 ineness and due execution of the instrument shall be deemed admit- 
 ted, unless specifically denied under oath in the answer; and when 
 the defense to an action, or a counterclaim stated in an answer, is 
 founded upon a written instrument and the copy thereof is contained 
 in or annexed to the answer, the genuineness and due execution of 
 such instrument shall be deemed admitted, unless specifically denied 
 under oath by the plaintiff in his pleadings. 
 
 Sec. 97. Plaintiffs reply to new matter contained in answer. — The 
 plaintiff may reply to any new matter or special defense set up in 
 the defendant's answer by an amendment to his complaint, which 
 may be filed as a matter of course and without terms, within a period 
 to be fixed by rules of court. If the plaintiff does not amend his 
 complaint, as provided in this section, he shall be deemed to have 
 controverted every material statement of the answer. 
 
 Sec. 98. Supplemental complaint or answer. — The plaintiff and 
 defendant, respectively, may be allowed, on motion to make a sup- 
 plemental complaint or answer, alleging facts material to the case 
 occurring after the filing of the original complaint or answer. 
 
 Sec. 99. Pleadings to be liberally construed. — In the construction 
 of a pleading, for the purpose of determining its effects, its allega- 
 tions shall be liberally construed, with a view to substantial justice 
 between the parties. 
 
 Sec. 100. Sham or irrelevant pleadings. — Sham and irrelevant 
 answers, and irrelevant, redundant, or indecent matter inserted in a 
 pleading, may be stricken out, upon such terms as the court may, 
 in its discretion, impose. 
 
 Sec. 101. Specifications. — The court may, in its discretion, at any 
 time, upon motion, order either party to make his pleading more 
 definite, or to file specifications of his items of account or other claims 
 
CODE OF CIVIL PROCEDURE OF THE CANAL, ZONE. 25 
 
 involved in the pleading, so as to furnish the adverse party with 
 complete information as to the claim which he is required to meet. 
 
 Sec. 102. Variance. — An immaterial variance between the allega- 
 tion in a pleading and the proof shall be disregarded and the facts 
 found according to the evidence, and the pleading shall be forthwith 
 amended in accordance with the facts found, unless it has actually 
 misled the adverse party to his prejudice in maintaining his action 
 or defense upon the merits. Whenever it appears that a variance is 
 material and that a party has been misled, courts shall not dismiss 
 the action by reason of the variance, but shall, upon such terms as 
 may be just, order the pleadings to be forthwith amended in accord- 
 ance with the facts, and determine the action upon the actual facts as 
 established. The amendments provided in this section may be made 
 either in the Circuit Court or in the Supreme Court, at any stage of 
 the action. 
 
 Sec. 103. Amendments in general. — The court shall, in furtherance 
 of justice, and on such terms, if any, as may be proper, allow a 
 party to amend any pleading or proceeding and at any stage of the 
 action, in either Circuit Court or the Supreme Court, by adding or 
 striking out the name of any party, either plaintiff or defendant, 
 or by correcting a mistake in the name of a party, or a mistaken or 
 inadequate allegation or description in any other respect, so that the 
 actual merits of the controversy may speedily be determined, without 
 regard to technicalities, and in the most expeditious and inexpensive 
 manner. The court may also, upon like terms, allow an answer or 
 other pleading to be made after the time limited by the rules of the 
 court for filing the same. Orders of the court upon the matters 
 provided in this section shall be made upon motion filed in court, and 
 n fter notice to the adverse party, and an opportunity to be heard. 
 
 Sec. 104. When name of defendant is unknown. — When the plain- 
 tiff is ignorant of the name of a defendant, he must state that fact in 
 the complaint, and such defendant may be designated in any com- 
 plaint or proceeding by any name. When his true name is discovered 
 the pleading or proceedings must be amended accordingly. 
 
 Sec. 105. Proceedings in cases of appeal from district courts. — 
 "When a perfected appeal from a judgment of a district judge has 
 been duly entered in the Circuit Court new pleadings shall be filed in 
 the action in that court, and the pleadings in such action shall be in 
 all respects governed by the same rule as though the action had been 
 originally commenced in the Circuit Court, But the plaintiff may, if 
 he so elects, rely upon his complaint as originally filed before the 
 district judge, instead of filing a new one. 
 
 Sec. 106. Relief from effect of judgments and orders. — Upon such 
 terms as may be just the court may relieve a party or his legal rep- 
 
26 CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 
 
 resentative from a judgment, order, or other proceeding taken against 
 him through his mistake, inadvertence, surprise, or excusable neglect : 
 Provided, That application therefor be made within a reasonable 
 time, but in no case exceeding six months after such judgment, order, 
 or proceeding was taken. 
 
 Chapter VI. 
 
 PARTIES TO ACTIONS. 
 
 Sec. 107. Parties to actions. — Every action must be prosecuted in 
 the name of the real party in interest. But in the case of an assign- 
 ment of a right of action, an action by the assignee shall be without 
 prejudice to any set-off or other defense existing at the time of or 
 before notice of assignment; but this last provision shall not apply 
 to a negotiable promissory note, or a draft or a bill of exchange, 
 transferred in good faith and upon good consideration before ma- 
 turity. And an executor or administrator or legal representative of 
 a deceased person, or a trustee of an express trust, or a person ex- 
 pressly authorized by law so to do, or a lawfully appointed guardian 
 of a person of unsound mind, or of a minor, may sue or be sued with- 
 out joining with him the person for whose benefit the action is 
 prosecuted or defended. 
 
 Otherwise than as provided in this section, all persons having an 
 interest in the subject of the action and in obtaining the relief de- 
 manded shall be joined as plaintiffs. 
 
 Any person should be made a defendant who has or claims an in- 
 terest in the controversy or the subject-matter thereof adverse to 
 the plaintiff, or who is a necessary party to a complete determination 
 or settlement of the questions involved therein. 
 
 If any person having an interest in the subject of the action, and 
 in obtaining the relief demanded, refuses to join as plaintiff with 
 those having a like interest, he may be made a defendant, the fact of 
 his interest and refusal to join being stated in the complaint. 
 
 Sec. 108. Married woman as a party. — When a married woman is 
 a party, her husband must be joined with her, except: 
 
 1. When the action concerns her property, in which her husband 
 can have no interest or right ; 
 
 2. When the action is between herself and her husband ; 
 
 3. When for a just cause she is living separate and apart from her 
 husband or by reason of an agreement in writing entered into between 
 them. 
 
 In either of which cases she may sue or be sued alone. 
 Sec. 109. Infants, spendthrifts, and persons of unsound mind. — 
 When an infant or a person of unsound mind or a person judicially 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 27 
 
 decreed to be a spendthrift is a party to an action, he must appear 
 either by his general guardian or by a guardian ad litem appointed 
 by the court in which the action is pending. A guardian ad litem 
 may be appointed in any case when it is deemed by the court in which 
 the action or proceeding is prosecuted expedient to represent the 
 infant, spendthrift, or person of unsound mind in the action or pro- 
 ceeding. 
 
 Sec. 110. Guardian ad litem. — Such guardian ad litem may be 
 appointed by the court of its own motion, and shall be appointed 
 upon the application of a relative or friend of the infant, spend- 
 thrift, or person of unsound mind. The court may, in its discretion, 
 allow to a guardian ad litem a reasonable compensation for his 
 services as such guardian, to be paid out of the estate of the ward. 
 
 Sec 111. Numerous parties. — When the subject-matter of the con- 
 troversy is one of common or general interest to many persons, and 
 the parties are so numerous that it is impracticable to bring them all 
 before the court, one or more may sue or defend for the benefit of 
 all. But in such case any party in interest shall have a right to 
 intervene in protection of his individual interest, and the court shall 
 make sure that the parties actually before it are sufficiently numerous 
 and representative so that all interests concerned are fully protected. 
 
 Sec 112. Death of party. — In case a party to an action dies while 
 the action is pending, the action shall not abate by reason thereof, 
 but the court on motion may allow the action or proceeding to be 
 continued by or against his executor, administrator, heirs, or other 
 legal representative, and the judgment, if it be for the payment of 
 costs and against the executor, administrator, or other legal repre- 
 sentative, shall be that he pay in due course of administration : Pro- 
 vided] nevertheless, That if the action is for the recovery of money, 
 debt, or damages against the deceased, it shall be discontinued, and 
 the claim thereafter be prosecuted as herein otherwise provided ; and 
 provided further, that should any action survive against the heirs 
 of the deceased, the court may ascertain who are the heirs of the 
 deceased and proceed as if the suit had been originally brought 
 against them. 
 
 Sec 113. Interpleading. — Whenever conflicting claims are or may 
 be made upon a person for or relating to personal property, or the 
 performance of an obligation or any portion thereof, so that he may 
 be made subject to several actions by different persons, unless the 
 court intervenes, such person may bring action against the conflicting 
 claimants, disclaiming personal interest in the controversy to compel 
 them to interplead and litigate their several claims among themselves, 
 and the court may order the conflicting claimants to interplead with 
 one another and thereupon proceed to determine the right of the 
 several parties to the interpleading to the personal property or the 
 
28 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 performance of the obligation in controversy, and shall determine the 
 rights of all parties in interest. 
 
 Sec. 114. Intervention. — A person may, at any period of a trial, 
 upon motion, be permitted by the court to intervene in an action or 
 proceeding, if he has legal interest in the matter in litigation, or in 
 the success of either of the parties, or an interest against both. Such 
 intervening party may be permitted to join the plaintiff in claiming 
 what is sought by the claimant, or to unite with the defendant in 
 resisting the claims of the plaintiff, or to demand anything adverse 
 to both the plaintiff and defendant. Such intervention, if permitted 
 by the court, shall be made by complaint in regular form, filed in 
 court, and may be answered or demurred to as if it were an original 
 complaint. Notice of motion for such intervention shall be given 
 to all parties to the action, and notice may be given by publication, in 
 accordance with the provisions of this Code relating to publication, 
 in cases where other notice is impracticable. 
 
 Sec 115. Necessary parties. — The court may determine any con- 
 troversy between parties before it if it can be done without preju- 
 dice to the rights of others or by preserving their rights for future 
 action; but when a complete determination of the controversy can 
 not be had without the presence of other parties, the court must 
 order them to be brought in, and to that end may order amended or 
 supplemental pleadings, or a cross complaint, to be filed and sum- 
 mons therein to be duly issued and served. 
 
 Chapter VII. 
 
 VARIOUS PROCEEDINGS IN CIRCUIT COURTS. 
 
 Sec. 116. Interlocutory and incidental orders. — No interlocutory 
 or incidental ruling, order, or judgment of the Circuit Court shall 
 stay the progress of an action or proceeding therein pending, but 
 only such ruling, order, or judgment as finally determines the ac- 
 tion or proceeding; nor shall any ruling, order, or judgment be the 
 subject of appeal to the Supreme Court until final judgment is ren- 
 dered for one party or the other : Provided, That whenever an inter- 
 locutory order or decree is entered in any suit pending in any court 
 of the Canal Zone, granting an injunction, or overruling a motion 
 to dissolve the same, or enlarging the scope of an injunction order, 
 or appointing a receiver, or giving other or further powers or prop- 
 erty to a receiver already appointed, an appeal may be taken from 
 such interlocutory order or decree to the Supreme Court of the 
 Canal Zone: Provided, That such appeal is taken within thirty days 
 from the entry of such interlocutory order or decree and is perfected 
 in said Supreme Court within sixty days from the entry of such 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 29 
 
 order or decree. The force and effect of such interlocutory order or 
 decree and the proceedings in the court below shall not be stayed 
 during the pendency of such appeal, and the party taking such ap- 
 peal shall give bond, to be approved by the clerk of the court below, 
 to secure costs in the Supreme Court. Upon the filing of the record 
 in the Supreme Court, the same shall there be at once docketed, and 
 shall be ready for hearing under the rules of said court, taking 
 precedence of other causes in said court. Upon such appeal the Su- 
 preme Court may affirm, modify, or reverse such interlocutory order 
 or decree, and shall direct such proceedings to be had in the court 
 below as the justice of the case may require. If such appeal is dis- 
 missed, the Supreme Court may allow to the attorney for appellee a 
 reasonable attorney's fee, not to exceed one hundred dollars, to be 
 taxed as part of the costs of the appeal. 
 
 Sec. 117. Judgment in case of several plaintiffs or defendants. — 
 Judgment may be given for or against one or more of several plain- 
 tiffs, and for or against one or more of several defendants, and the 
 court may, when the justice of the case requires it, conclusively 
 determine the ultimate rights of the parties on each side, as between 
 themselves, and may require such parties to file adversary pleadings 
 as between themselves. 
 
 Sec 118. Several judgments.. — In an action against several defend- 
 ants the court may, in its discretion, render judgment against one 
 or more of them, upon default or confession, or otherwise, leaving 
 the action to proceed against the others whenever a several judgment 
 is proper. 
 
 The court may, in its discretion, order execution to issue upon such 
 several judgment. 
 
 Sec 119. Kind of relief to be granted. — The relief granted to the 
 plaintiff, if there be no answer, can not exceed that which he shall 
 have demanded in his complaint; but, in any other case, the court 
 may grant him any relief consistent with the case made by the com- 
 plaint and supported by the evidence and embraced within the issues, 
 requiring the necessary amendments. 
 
 Sec 120. Dismissal of actions. — An action may be dismissed, with 
 costs to the defendant, in the following cases : 
 
 1. By the plaintiff himself, by written request to the clerk filed 
 among the papers in the case, at any time before trial, upon pay- 
 ment of the costs; provided a counterclaim has not been made, or 
 affirmative relief sought by the cross complaint or answer of the 
 defendant, or provided the judge shall not decide that the defendant 
 has made such preparation for trial that it would be unjust to permit 
 a dismissal without a trial on the merits; 
 
 2. By the court, when the plaintiff fails to appear at the time of 
 trial, and the defendant appears and asks for the dismissal; 
 
 803a— 07— m 3 
 
30 CODE OP CIVIL PKOCEDURE OP THE CANAL ZONE. 
 
 3. By the court, when the plaintiff fails, for an unreasonable 
 length of time, to prosecute his action; 
 
 4. The court may also, in its discretion, allow a plaintiff to dismiss 
 the action on payment of the costs after the trial has begun and at 
 any time before final adjournment, if the interests of justice so require; 
 
 5. The dismissal in the above cases shall be entered on the docket 
 of the court and shall be effective, when so entered, to end the action ; 
 but shall not be a bar to another action for the same cause. 
 
 Sec. 121. Default. — In case a defendant fails to appear at the 
 time required in the summons, or to answer at the time provided 
 \y$ the rules of court, the court shall, upon motion of the plaintiff, 
 order judgment for the plaintiff by default which shall be entered 
 up\)ii the docket; and the court shall thereupon proceed to hear the 
 plaintiff and his witnesses and assess the damages or determine the 
 other relief to which the plaintiff may be entitled, including the costs 
 of the action, and render final judgment for the plaintiff to recover 
 such sum or to receive such other relief as the pleadings and the facts 
 warrant. If the taking of a long account be involved in determining 
 the amount to which the plaintiff shall be entitled, the court rna}^, 
 in its discretion, order a reference to some suitable person to take 
 the account and report to the court and upon the coming in of such 
 report, such final judgment shall be rendered as the facts require. 
 
 Sec 122. Default on cross complaint. — If the plaintiff fails to 
 answer a cross complaint within the time limited by the rules of court, 
 judgment by default may be entered against him upon the cross 
 complaint and the same proceedings shall be had upon such default 
 as though the cross complaint had been the original complaint. 
 
 Sec. 123. Postponement. — The court may, in its discretion, for 
 cause, and with or without terms, postpone a trial from day to clay, 
 or to a stated time during the term of the court, or to the next 
 succeeding term. 
 
 Sec. 124. Adjournment. — Court may adjourn from day to day, and 
 to any stated time, as the expeditious and convenient transaction of 
 business may require. 
 
 Sec. 125. Order of trial. — The trial must proceed in the following 
 order, unless the judge, for special reasons, otherwise directs: 
 
 1. The plaintiff, after stating the issue and his case, must produce 
 the evidence on his part; but he may read the complaint as his state- 
 ment of the case, if the judge so directs; 
 
 2. The defendant shall then state his defense and offer his evidence 
 in support thereof; but he may read his answer as his statement of 
 defense, if the judge so directs; 
 
 3. The parties may then respectively offer rebutting evidence only, 
 unless the court, for good reason, in the furtherance of justice, per- 
 mits them to offer evidence upon their original case; 
 
CODE OP CIVIL PROCEDURE OF THE CANAL ZONE. 31 
 
 4. When the evidence is concluded, unless the parties on either side 
 or both sides agree to submit it without argument, the plaintiff or his 
 counsel may make the opening argument, the defendant or his coun- 
 sel may follow, and the plaintiff or his counsel may conclude the 
 argument. Two counsel may, if desired, be heard upon each side, 
 but in the order herein prescribed ; and the court may in its discre- 
 tion limit the time for oral argument; 
 
 5. If several defendants, having separate defenses, appear by dif- 
 ferent counsel, the court must determine their relative order in the 
 evidence and argument, but in any event the plaintiff is entitled to 
 the opening and closing argument. 
 
 Sec. 126. Findings of facts. — Upon the trial of a question of fact, 
 the decision of the court must be entered on the record by the clerk. 
 
 Sec 127. Agreed statement of facts. — The parties may, in any 
 action or special proceeding, agree, in writing, upon the facts in- 
 volved in the litigation, and require the judgment of the court upon 
 the questions of law arising from such agreed statement of facts, 
 without the introduction of testimony. The ruling and judgment of 
 the court upon such agreed statement of facts shall be subject to 
 exception, like all other rulings of the court. When an agreed state- 
 ment of facts is entered into by the parties, no other finding of facts 
 need be made by the court. 
 
 Sec 128. Reference. — By written consent of both parties, filed with 
 the clerk, the court may order an action to be referred to one or more 
 referees, to be agreed upon by the parties or to be appointed by the 
 court. 
 
 Sec 129. Commission to referees. — In such case, the clerk shall 
 issue, under the seal of the court, a commission to the referee or 
 referees named, directing them to proceed with the trial of the action 
 and to report the findings of law and fact to the court at or before a 
 time named in the commission. 
 
 Sec 130. Oath of referees. — Eeferees, before commencing the per- 
 formance of their duty, shall be sworn to a faithful and honest per- 
 formance thereof, and the fact that they have taken such oath shall 
 be certified to on the commission by the authority administering the 
 oath. The oath may be administered by the judge or clerk of the 
 court, or by any district judge or notary public in the administrative 
 district. 
 
 Sec 131. Trial before referee. — Trial may occur at any convenient 
 place within the circuit, and the time and place for trial shall be fixed 
 by the referee and reasonable notice thereof shall be given by him to 
 the parties. The referee is hereby authorized to administer oaths 
 to witnesses, and the trial before him shall proceed in all respects 
 as though the same had been had before the court. 
 
32 CODE OP CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Sec. 132. Report of referee. — Upon the completion of the trial, the 
 referee shall report, in writing, to the court the facts found by him 
 and such of his rulings as the parties shall request him to report. 
 
 Sec. 133. Hearing upon report. — Upon the filing of the report or 
 as soon as conveniently may be thereafter, the court shall render 
 judgment in accordance with the report, as though the facts had been 
 found by the judge himself, unless the court shall, for cause shown, 
 set aside the report, or modify and change the same in whole or in 
 part and then enter judgment thereon, or order it to be recommitted 
 to the referee for further findings. 
 
 Sec. 134. Exceptions. — An exception is an objection upon a matter 
 of law to a decision made by a court, tribunal, judge, or other judi- 
 cial officer in an action or proceeding. Rulings of the court upon 
 minor matters, such as adjournments, postponements of trials, the 
 extension of time for filing pleadings or motions, and other matters 
 addressed to the discretion of the court in the performance of its 
 duty, shall not be subject to exception. But exception may be taken 
 to any other ruling, order, or judgment of the court made during 
 the pendency of the action in the Circuit Court. 
 
 Sec. 135. Manner of taking exceptions. — The party excepting to 
 the ruling, order, or judgment, shall forthwith inform the court that 
 he excepts to the ruling, order, or judgment, and the judge shall 
 thereupon minute the fact that the party has so excepted; but the 
 trial shall not be delayed thereby. The exception shall also be re- 
 corded by the stenographer, if one is officially connected with the 
 court. 
 
 Sec. 136. Perfecting bill of exceptions. — Upon the rendition of 
 final judgment disposing of an action, either party shall have the right 
 to perfect a bill of exceptions for a review by the Supreme Court of 
 all rulings, orders, and judgments, made in the action, to which the 
 party has duly excepted at the time of making such ruling, order, 
 or judgment. The party desiring to prosecute the bill of exceptions 
 shall so inform the court at the time of the rendition of final judg- 
 ment, or as soon thereafter as may be practicable and before the end- 
 ing of the term of court at which final judgment is rendered, and the 
 judge shall enter a memorandum to that effect upon his minutes and 
 order a like memorandum to be made by the clerk upon the docket 
 of the court among the other entries relating to the action. Within 
 ten days after the entry of the memorandum aforesaid, the excepting 
 party shall cause to be presented to the judge a brief statement of 
 the facts of the case sufficient to show the bearing of the rulings, 
 orders, or judgments excepted to, and a specific statement of each 
 ruling, order, or judgment that has been excepted to, for allowance 
 by the judge. The judge shall thereupon, after reasonable notice 
 
CODE OP CIVIL PROCEDURE OF THE CANAL ZONE. 33 
 
 to both parties and within five days from the presentation of the bill 
 of exceptions to him, restate the facts if need be, and the exceptions, 
 so that the exceptions of law therein involved, and their relevancy 
 shall all be made clear., and when the bill of exceptions has been 
 perfected and allowed by the judge, he shall certify that it has been 
 so allowed and the bill of exceptions shall be filed with the other 
 papers in the action, and the same shall thereupon be transferred 
 to the Supreme Court for determination of the questions of law 
 involved. A bill of exceptions may likewise be made to consist of 
 the judge's findings of fact in his final judgment and a statement of 
 all the exceptions reserved by the party desiring to prosecute the 
 bill of exceptions, which shall be allowed and filed by the judge as 
 above in this section provided. 
 
 Immediately upon the allowance of a bill of exceptions by the 
 judge, it shall be the duty of the clerk to transmit to the clerk of the 
 Supreme Court, a complete transcript of the record, including therein 
 the bill of exceptions, and of all documents which by the bill of excep- 
 tions are made a part of it, but the substance of documents may be 
 shown, except when in the opinion of the judge an exhibition of the 
 entire document or specified parts thereof is necessary to full under- 
 standing of the case. The cause shall be heard in the Supreme Court 
 upon the record so transmitted. 
 
 Sec. 137. Stay of execution. — Except by special order of the court, 
 no execution shall issue upon a final judgment rendered in a Circuit 
 Court until after the period for perfecting a bill of exceptions has 
 expired. But the filing of a bill of exceptions together with a bond 
 to be fixed by the court and by it approved, shall stay execution until 
 the final determination of the action, unless for special reasons stated 
 in the bill of exceptions the court shall order that execution be not 
 stayed, in which event execution may issue at once. The court shall 
 require as a condition of a stay of execution that a bond shall be 
 given, reasonably sufficient to secure the performance of the judg- 
 ment appealed from in case it be affirmed in part or wholly and the 
 payment of costs. 
 
 Sec 138. New trial. — At any time during the term at which an 
 action has been tried in a Circuit Court, the judge thereof may set 
 aside the judgment and grant a new trial, upon such terms as may 
 be just, on the application of the party aggrieved, and after due no- 
 tice to the adverse party in the following cases : 
 
 1. Accident or surprise which ordinary prudence could not have 
 guarded against, and by reason of which the party applying has 
 probably been impaired in his rights ; 
 
 2. Newly discovered evidence, material to the party making the 
 application, which he could not, with reasonable diligence, have dis- 
 covered and produced at the trial ; 
 
34 CODE OP CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 3. Because the judge has become satisfied that excessive damages 
 have been awarded, or that the evidence was insufficient to justify the 
 judgment, or that it is against the law. 
 
 Sec. 139. Method of procedure in applications for new trial. — The 
 application shall be made by motion in writing, stating the ground 
 therefor, of which the adverse party shall have such reasonable 
 notice as the judge may direct. When the application is made for a 
 cause mentioned in the first or second subdivisions of the last section, 
 it must be made upon affidavits, and counter affidavits from the ad- 
 verse party may likewise be received; the overruling or granting of 
 a motion for a new trial shall be a ground of exception, but no appeal 
 or bill of exceptions to the Supreme Court shall be allowed or neces- 
 sary before final judgment is entered. 
 
 Sec. 140. Effect of granting a motion for a new trial. — If a new 
 trial shall be granted the original judgment shall be vacated, and the 
 action shall stand for trial de novo ; but the recorded evidence taken 
 upon the former trial, so far as the same is admissible and competent 
 to establish the issues, shall be used upon the new trial without retak- 
 ing the same. 
 
 Sec 141. Belief from judgments of subordinate tribunals, obtained 
 by fraud, accident, or mistake. — When a judgment has been rendered 
 by a district judge, or any other subordinate tribunal, and any 
 party to the action has been unjustly deprived of his day in court and 
 an opportunity to be heard thereon, by fraud, accident, mistake, or 
 excusable negligence, or has been prevented from entering an appeal 
 from such judgment by fraud, accident, mistake, or excusable negli- 
 gence, the Circuit Court may, in its discretion, and on reasonable 
 terms, reverse and set aside the judgment so rendered, and hear and 
 determine the action and make the necessary orders therein, as if the 
 same had been brought to the Circuit Court by appeal, provided the 
 party so aggrieved shall make application, as hereinafter provided, 
 to the Circuit Court and within sixty days after he first knows that 
 such judgment has been rendered against him. This section shall be 
 liberally construed so as to prevent injustice. 
 
 Sec 14 k 2. Procedure to vacate such judgment. — The person ag- 
 grieved by a judgment obtained in the manner stated in the preceding- 
 section may, within the time limited, file his complaint in the Cir- 
 cuit Court of the district in which the original judgment was ren- 
 dered, stating the fact of the rendition of such judgment and the 
 circumstances constituting the fraud, accident, mistake, or excusable 
 negligence relied upon as ground for relief, and praying that such 
 judgment may be reversed and set aside and the cause be determined 
 upon its merits. The party against whom the complaint is made 
 shall be served with notice as in other actions pending in the Circuit 
 Court, and the trial shall proceed as in other actions in that court. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 35 
 
 If the court shall find that the facts set forth in the complaint are 
 true and that the complainant is entitled to relief, the judgment 
 complained of shall be reversed and set aside, and shall thereafter be 
 of no validity, and the court shall proceed to hear and determine the 
 action upon its merits, and make the necessary orders therein, as if 
 the same had been regularly brought to said court by appeal. 
 
 Sec. 143.. Temporary injunction in such cases. — At the time of 
 filing such complaint, or at any time thereafter before final hearing, 
 the judge of the Circuit Court in which the action is pending, may 
 grant an injunction restraining the party in whose favor such judg- 
 ment has been rendered, his agents and attorneys and the district judge 
 or other inferior tribunal rendering the judgment, from any further 
 proceedings to enforce the same until the further order of the court in 
 the premises, which injunction shall be served in the manner pro- 
 vided by law for serving process; but the judge issuing such injunc- 
 tion shall, before issuing it, take from the party upon whose applica- 
 tion the same is granted, an obligation to the other party, with 
 sufficient sureties, to be approved by the judge, conditioned that if the 
 complainant fails to prosecute his complaint with effect, or finally to 
 recover in such action, he will pay the adverse party the intervening 
 damages and cost accruing to him by reason of the issuing of such in- 
 junction, together with the amount of the original judgment, but such 
 injunction shall not operate to discharge or release bail or extinguish 
 any lien which the party enjoined has acquired upon the property of 
 the plaintiff by attachment or levy of execution. The damages, if 
 any, accruing under this section shall be assessed by the judge and 
 included in his final judgment in the action. 
 
 Sec 144. Final judgment in such proceedings. — If the plaintiff 
 shall prevail in such action, the original judgment shall be reversed 
 and vacated, and the defendant therein and the municipal judge or 
 other inferior tribunal that rendered the judgment shall be perpetu- 
 ally enjoined from any further steps to enforce the same. The 
 costs of such proceedings shall be awarded in the discretion of the 
 court, in such manner as justice requires. 
 
 Sec 145. Attendance of the district judge. — Upon the trial of an 
 action instituted in pursuance of the preceding sections, the dis- 
 trict judge or other subordinate magistrate or official who rendered 
 the judgment complained of, shall attend and produce before the 
 court all the papers in the original action, if required to do so by the 
 judge. 
 
 Chapter VIII. 
 
 ABATEMENT. 
 
 Sec 146. Neiv action within one year from death of party. — If a 
 person entitled to bring an action, die before the expiration of the 
 
3(> CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 term limited for the commencement thereof, and the cause of action 
 survive, an action may be commenced by his representatives, after 
 the expiration of that time, and within one year from his death. 
 If a person against whom an action may be brought die before the 
 expiration of the time limited for the commencement thereof, an 
 action may be commenced against his representatives after the 
 expiration of that time, and within one year after the issuing of 
 letters testamentary or of administration. 
 
 Sec. 147. Extension of time to aliens, etc. — When a person is an 
 alien subject, or a citizen of a country at war with the United States, 
 the time of the continuance of the war is not a part of the period 
 limited for the commencement of the action. 
 
 Sec 148. Where judgment reversed. — If an action is commenced 
 within the time prescribed therefor, and a judgment therein for the 
 plaintiff be reversed on appeal, the plaintiff, or, if he die and the 
 cause of action survive, his representatives may commence a new 
 action within one year after the reversal. 
 
 Sec 149. Where action stayed. — When the commencement of an 
 action is stayed by injunction or statutory prohibition, the time of 
 the continuance of the injunction or prohibition is not part of the 
 time limited for the commencement of the action. 
 
 Sec 150. Marriage, female party. — No action, proceeding or com- 
 plaint, commenced by or against a feme sole, either alone or with 
 others, shall abate on account of her intermarriage before final judg- 
 ment, but she may continue to prosecute or defend the same in like 
 manner as if she were sole. 
 
 Sec 151. Death of coplaintiff . — When there is but one plaintiff, 
 petitioner or complainant in an action, proceeding or complaint, and 
 he shall die before final judgment or decree, such action, proceeding 
 or complaint shall not on that account abate, if the cause of action 
 survive to the heir, devisee, executor or administrator of such dece- 
 dent, but any of such to whom the cause of action shall survive, 
 may, by suggesting such death upon the record, be substituted as 
 plaintiff, petitioner or complainant, and prosecute the same as in 
 other cases. 
 
 Sec 152. Death of codefendant. — When there is but one defendant 
 in an action, proceeding or complaint, and he dies before final judg- 
 ment or decree, such action, proceeding or complaint shall not on 
 that account abate, if it might be originally prosecuted against the 
 heir, devisee, executor or administrator of such defendant, but the 
 plaintiff, petitioner or complainant may suggest such death on 
 the record, and shall, by order of the court, have summons against 
 such person or legal representative, requiring him to appear and 
 defend the action, proceeding or complaint, after which it may pro- 
 ceed as if it had been originally commenced against him. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL, ZONE. 37 
 
 Sec. 153. Surviving parties. — -When there are several plaintiffs, pe- 
 titioners or complainants, or defendants in an action, proceeding or 
 complaint, the cause of which survives, and any of them die before 
 final judgment or decree, the action, proceeding or complaint shall 
 not on that account abate, but such death may be suggested on the 
 record, and the cause proceed at the suit of the surviving plaintiff, 
 petitioner or complainant, or against the surviving defendant, as the 
 case may be, in all cases as if such persons had been originally sole 
 parties to the suit. 
 
 Sec. 154. Same. — If, in the case mentioned in the preceding section 
 all the plaintiffs, petitioners or complainants, or all the defendants 
 die, the cause may be prosecuted or defended by or against the heir, 
 devisee, executor or administrator of the last surviving plaintiff, peti- 
 tioner, complainant or defendant respectively, to or against whom the 
 cause survives, in like manner as if the survivor had been originally 
 the only plaintiff, petitioner, complainant or defendant. 
 
 Sec 155. Ejectment, death of plaintiff. — If there are several plain- 
 tiffs in an action of ejectment, or an ordinary action for the recovery 
 of real property or any interest therein, and any of them dies before 
 final judgment, the death of such party may be suggested on the rec- 
 ord, and the heir or devisee of the deceased party shall be admitted to 
 prosecute the suit jointly with the survivor, in the same manner as if 
 he had originally joined with him in commencing the action. 
 
 Sec. 15G. Rights of surviving plaintiff. — If the interest of the de- 
 ceased party passes to the surviving plaintiff, or if the heir or devisee 
 of the deceased party does not, within a reasonable time, to be fixed 
 • by the court, join in the prosecution of the suit, the surviving plain- 
 tiff may prosecute the suit for so much of the premises in question as 
 may then be claimed by him. 
 
 Sec 157. Ejectment, death of codefendant. — In case of the death 
 of any several defendants in an action of ejectment, or an ordinary 
 action for the recovery of real property or any interest therein, the 
 action may be prosecuted against the other defendants for so much of 
 the premises as they hold or claim; or, the death being suggested, the 
 heir, or devisee of the deceased party may be made co-defendant with 
 •the others, and the suit proceed the same as if such heir or devisee had 
 originally been made co-defendant. 
 
 Sec 158. Where cause of action does not survive to co-party. — 
 When there are several complainants or defendants in a suit or 
 proceeding, and any of them may die, and the cause of action does 
 not survive to the surviving complainant or against the surviving 
 defendant, and any other persons become interested therein in con- 
 sequence of such decease, such suit or proceeding shall, by reason 
 of such death, be abated only with respect to such deceased party; 
 and the person or legal representative so becoming interested may 
 be made a party to such suit or proceeding in the same manner as 
 
38 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 in the case of the death of a sole complainant or defendant; or the 
 suit or proceeding may be prosecuted by the surviving complain- 
 ant against the surviving defendant without reviving the same in 
 favor of or against the person or legal representative so becoming 
 interested therein; but in the latter case such interested person or 
 legal representative, not made a party, shall not be bound by any 
 order or decree made in the cause. 
 
 Sec. 159. Death of personal representative. — When an executor, 
 administrator, guardian or conservator is plaintiff, petitioner or com- 
 plainant, or defendant in a suit or proceeding, and dies, resigns, or 
 is removed from office before final judgment or decree, the suit or 
 proceeding shall not on that account abate, but the same may be con- 
 tinued by or against his successor, in like manner as in case of the 
 death of other parties. 
 
 Sec. 160. Death of public officer or trustee. — When an action, pro- 
 ceeding or complaint, in law or equity, is authorized or directed by 
 law to be brought by or in the name of any public officer, or by any 
 trustee appointed by virtue of any statute, and such officer or trustee 
 dies or ceases to be such officer or trustee before final judgment or de- 
 cree, the suit shall not on that account abate, but the same may be 
 continued by his successor, in like manner as in case of the death of 
 other parties. 
 
 Sec. 161. Party becoming insane. — If, during the pendency of an 
 action, proceeding or complaint, either party becomes insane, the 
 cause may be prosecuted or defended by his conservator in like man- 
 ner as by an executor or administrator in case of the death of a party, 
 or the court may appoint a guardian ad litem, as the case may re- 
 quire. 
 
 Sec. 1(52. No abatement in partition suits. — No plea in abatement 
 shall be received in any suit for partition, nor shall such suit abate 
 by the death of any tenant. 
 
 Sec. 163. Same. — No suit for the partition of land shall abate on 
 account of the death of any party thereto, but it may be continued in 
 the names of the survivors, if the interest of such deceased person 
 survives to them; and if such interest passes to other persons they 
 may be made parties in like manner as in the case of the death of 
 other parties, and the same proceedings may be had as if they had 
 been made parties originally. 
 
 Sec. 164. Where action brought for another. — No suit, instituted 
 in the name of one for the use of another, shall abate by reason of the 
 death of the person whose name is used ; but it may be continued by 
 the real plaintiff in interest, in his own name, on his suggesting such 
 death on the record, and an order of the court being made, substitut- 
 ing his name for that of the deceased plaintiff. 
 
 Sec. 165. Writs of error, etc. — These provisions shall apply to all 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 39 
 
 appeals, writs of error and of certiorari, so far as the same may be 
 made applicable. 
 
 Sec. 166. Process to any circuit. — Process may be sued out, and 
 may be directed to any circuit, and shall correspond, as nearly as may 
 be, to the original writ, and may be executed and returned in the same 
 manner. 
 
 Sec. 167. Disability, when available. — No person can avail himself 
 of a disability, unless it existed when his right of action accrued. 
 
 Sec 168. Two or more disabilities. — When two or more disabilities 
 co-exist at the time the right of action accrues, the limitation does not 
 attach until they are removed. 
 
 Sec 169. Directors and stockholders of corporations. — This chap- 
 ter does not affect actions against directors or stockholders of a cor- 
 poration, to recover a penalty or forfeiture imposed, or to enforce a 
 liability created by law ; but such actions must be brought within 
 three years after the discovery by the aggrieved party of the facts 
 upon which the penalty or forfeiture attached or the liability was 
 created. 
 
 Sec 170. Acknowledgment or new promise must be in writing. — 
 No acknowledgment or promise is sufficient evidence of a new or con- 
 tinuing contract, unless the same is contained in some writing signed 
 by the party to be charged thereby, or his agent duly authorized in 
 writing, or his attorney in fact. 
 
 Sec 171. Where cause of action arises in foreign country. — When 
 a cause of action has arisen in a State or Territory of the United 
 States, or in a foreign country, and b}^ the laws thereof an action 
 thereon can not be maintained against a person by reason of the lapse 
 of time, an action thereon shall not be maintained against him in the 
 Canal Zone, except in favor of one who has been a resident of said 
 Canal Zone, and who has held the cause of action from the time it 
 accrued. 
 
 Sec 172. Definition. — The word " action " as used in this chapter, 
 is to be construed, whenever it is necessary to do so, as including a 
 special proceeding of a civil nature. 
 
 Chapter IX. 
 SPECIAL REMEDIES. 
 
 Injunctions — Receivers — Partition or real estate — Usurpation 
 
 of office or franchise certiorari proceedings— mandate 
 
 Prohibition — Contempt — Eminent domain — Foreclosure — 
 Manual delivery of personal property. 
 
 Injunctions. 
 
 Sec 173. Injunction defined. — An injunction is a writ or order 
 requiring a person to refrain from a particular act, or, if mandatory, 
 
40 CODE OF CIVIL PKOCEDURE OP THE CANAL ZONE. 
 
 commanding the defendant to do a particular thing. It may be of 
 two kinds : 
 
 1. A preliminary injunction is one granted at any stage of an 
 action prior to final judgment; 
 
 2. A final injunction is one granted in the final judgment as the 
 relief, or a part of the relief, granted as a result of the action. 
 
 Sec. 174. Who may grant an injunction. — A preliminary injunc- 
 tion may be granted by any judge of the Circuit Court in any action 
 pending in the Circuit Court in any circuit of the Canal Zone in 
 which he has original jurisdiction; in case of his absence, by any 
 Circuit Judge of the Canal Zone present on the Zone and not dis- 
 qualified. 
 
 Sec 175. Circumstances under which a preliminary injunction 
 may be granted. — A preliminary injunction may be granted when 
 it is established, in the manner hereinafter provided, to the satisfac- 
 tion of the judge granting it : 
 
 1. That the plaintiff is entitled to the relief demanded and such 
 relief, or any part thereof, consists in restraining the commission 
 or continuance of the acts complained of either for a limited period 
 or perpetually; 
 
 2. That the commission or continuance of some act complained of 
 during the litigation would probably work injustice to the plaintiff; 
 
 3. That the defendant is doing, or threatens, or is about to do, or 
 is procuring or suffering to be done, some act probably in violation 
 of the plaintiff's rights, respecting the subject of the action, and tend- 
 ing to render the judgment ineffectual. 
 
 4. No mandatory injunction, or injunctions requiring the per- 
 formance of some affirmative act, will be granted before final hearing, 
 and will be ordered to issue only by final decree. 
 
 Sec. 176. Time of granting preliminary injunction. — A prelimi- 
 nary injunction may be granted at any time after the commencement 
 of the action and before final judgment. 
 
 Sec 177. Method of obtaining preliminary injunction. — A prelim- 
 inary injunction may be granted only when the following conditions 
 are complied with : 
 
 1. The complaint must show facts entitling the plaintiff to the 
 relief demanded; 
 
 2. The complaint must be verified by the oath of the plaintiff or 
 by that of some other person by him duly authorized and who can 
 testify to the truth of the facts set forth in the complaint ; 
 
 3. The plaintiff must file with the clerk of the court in which the 
 action is pending a written obligation on the part of the plaintiff 
 with sufficient sureties, to the effect that the plaintiff will pay, to the 
 party enjoined all such damages as such party may sustain by reason 
 of the injunction, if the court should finally decide that the plaintiff 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 41 
 
 was not entitled thereto. The sufficiency of the obligation must be 
 approved in writing by the judge granting the injunction, and before 
 approval he shall require such proof as is necessary in regard to the 
 sufficiency of the sureties. The sureties, by executing the obligation, 
 become quasi parties to the proceeding, so that a judgment may be 
 rendered against them without further notice. 
 
 Sec. 178. Proceeding in case of insufficient sureties. — If it shall 
 be made to appear at any time during the progress of the action that 
 the sureties on the obligation provided in the last section are insuffi- 
 cient, the judge of the court in which the action is pending may, 
 upon motion, order new sureties to be provided; and, if no sureties 
 are provided within a time fixed by the order of the court for that 
 purpose, the injunction shall be dissolved. 
 
 Sec. 179. Notice to defendant of preliminary injunction.— -The 
 injunction hereinbefore provided may be granted ex parte on the 
 application of the plaintiff, on the conditions before stated, but if 
 the judge to whom application is made for the granting of the in- 
 junction deems it just that the defendant should be heard before 
 granting the injunction, an order may be made requiring cause to be 
 shown, at a specified time and place, why the injunction should not 
 be granted, and the defendant may then and there be heard and 
 the injunction may be granted or refused as justice shall require. 
 If upon such hearing it should be made to appear to the satisfaction 
 of the court that the plaintiff is entitled to the injunction, but that 
 the issuance thereof pending the litigation would entail great damage 
 upon the defendant, and that the plaintiff could be fully compensated 
 for such damages as he might suffer, the judge may refuse the in- 
 junction, upon the defendant giving an obligation with sureties to 
 be approved by the judge in such amount as may be fixed by the 
 judge, conditioned that the defendant will pay all damages which 
 the plaintiff may suffer by reason of the continuance during the 
 litigation of the acts complained of. 
 
 Sec 180. Dissolution of temporary injunctions. — If a temporary 
 injunction be granted without notice, the defendant, at any time 
 before the trial, may apply, upon reasonable notice to the adverse 
 party, to the judge who granted the injunction, or to the judge of the 
 court in which the action was brought, to dissolve or modify the 
 same. The application may be based upon the insufficiency of 
 the complaint on which the injunction was granted or upon affidavit 
 on the part of the defendant, with or without an answer. If the 
 application be made upon affidavits upon the part of the defendant, 
 but not otherwise, the plaintiff may oppose the same by affidavits 
 or other evidence to substantiate the facts set forth in the complaint, 
 and the judge shall, after hearing, dissolve or modify or continue 
 the injunction as justice may require. If it be made to appear to the 
 
42 CODE OP CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 judge that great damage will be suffered by the defendant in case 
 the injunction is continued and that the plaintiff can be fully com- 
 pensated for any damages he may suffer by reason of the continuance 
 of the acts of the defendant during the pendency of the litigation, 
 the judge in his discretion may dissolve or modify the injunction, 
 upon the defendant giving an obligation, with sureties to be ap- 
 proved by the judge, that the defendant will pay all damages which 
 the plaintiff may suffer by reason of the continuance during the 
 litigation of the acts complained of. 
 
 Sec. 181. Damages pending a preliminary injunction. — Upon final 
 trial the amount of damages to be awarded to the plaintiff or to the 
 defendant upon the obligation hereinbefore required, shall be ascer- 
 tained by the court trying the action, and judgment for the same 
 shall be included in the final judgment and the judgment shall be 
 both against the plaintiff and against the sureties upon any obliga- 
 tion given. 
 
 Sec 182. Final injunctions. — If upon the final trial of the action it 
 shall appear that the plaintiff is entitled to an injunction perpetually 
 restraining the commission or continuance of the act complained of, 
 the court shall grant a final injunction perpetually restraining the 
 defendant from continuing the act. 
 
 Sec 183. Method of enforcing injunctions. — A person violating 
 an injunction shall be treated as in contempt of court and dealt with 
 as hereinafter provided under the head of " Contempt." 
 
 Receivers. 
 
 Sec 184. Receivers, who may appoint. — A judge of the Circuit 
 Court in which the action is pending, may appoint one or more 
 receivers of the property, real, personal, or mixed, which is the 
 subject of the action, in the manner and under the conditions herein- 
 after provided. 
 
 Sec 185. When a receiver may he appointed. — A receiver may be 
 appointed in the following cases : 
 
 1. When a corporation has been dissolved, or is insolvent, or is in 
 imminent danger of insolvency, or has forfeited its corporate rights ; 
 
 2. When it is made to appear by the complaint or answer, and by 
 such other proof as the judge may require, that the party making 
 the application for the appointment of receiver has an interest in the 
 property or fund which is the subject of the action and it is shown 
 that the property or fund is in danger of being lost, removed, or 
 materially injured unless a receiver shall be appointed to guard and 
 preserve it ; 
 
 3. In an action by the mortgagee for the foreclosure of a mortgage, 
 where it appears that the property is in danger of being wasted or 
 materially injured, and that its value is probably insufficient to 
 discharge the mortgage debt; 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 43 
 
 1. Whenever in other cases it shall be made to appear to the court 
 that the appointment of a receiver is the most convenient and feasible 
 means of preserving and administering the property which is the 
 subject of litigation during the pendency of the action. 
 
 Sec. 186. General powers of a receiver.— -The receiver shall have, 
 under the control of the court in which the action is pending, power 
 to bring and defend actions in his own name, as receiver; to take and 
 keep possession of the property in controversy; to receive rent, to 
 collect the same due to himself as receiver, or to the fund, property, 
 estate, person, or corporation of which he is receiver; to compound 
 for and compromise the same ; to make transfers ; and generally to do 
 such acts respecting the property as the court may authorize. 
 
 Sec. 187. Receivers of a corporation. — -When a corporation has been 
 dissolved, or is insolvent, or is in imminent danger of insolvency, or 
 has forfeited its corporate rights, the Circuit Court where the cor- 
 poration has its principal place of business may, on complaint of a 
 creditor of the corporation, or a stockholder or member thereof, 
 appoint a receiver to take charge of its estate and effects, and to col- 
 lect the debts and property due and belonging to the corporation, and 
 to pay the outstanding debts thereof, and to divide the money and 
 other properties that shall remain over among the stockholders or 
 members. 
 
 Sec. 188. Obligations for damages on appointment of receiver. — 
 If a receiver be appointed upon an ex parte application, the court, 
 before making the order, may require from the plaintiff or person 
 filing the application for such appointment, an obligation with suffi- 
 cient sureties, to be approved by the court, in an amount to be fixed 
 by the court, to the effect that the applicant will pay to the defendant 
 in the application all damages he may sustain by reason of the ap- 
 pointment of such receiver and the entry by him upon his duties, in 
 case the applicant shall have procured such appointment without 
 sufficient cause ; and the court may, in its discretion, at any time after 
 the appointment, require an additional obligation as further security 
 for such damages. The damages, if any, shall be ascertained by the 
 court and, in its final judgment in the action, shall be decreed against 
 the plaintiff and the sureties on the obligation. 
 
 Sec. 189. Oath and obligation of receivers. — Before entering 
 upon his duties, the receiver must be sworn to perform them faith- 
 fully, and with one or more sureties approved by the court or judge, 
 execute an obligation to such person and in such sum as the court or 
 judge may direct, to the effect that he will faithfully discharge the 
 duties of receiver in the action and obey the orders of the court therein. 
 
 Sec. 190. Funds in the hands of receiver. — Funds in the hands of a 
 receiver may be invested upon interest by order of the court; but 
 no such order shall be made except upon the written consent of all 
 the parties to the action. 
 
44 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Sec. 191. Termination of receivership. — Whenever the court of its 
 own motion, or on that of either party, shall determine, after due 
 notice and hearing, that the necessity for a receiver no longer exists, 
 it shall, on notice and hearing, settle the accounts of the receiver, 
 direct the payment of the funds in his hands, and the delivery of the 
 property by him held, to such persons as shall be adjudged entitled to 
 receive them, and order his discharge from further duties as receiver. 
 
 Partition of real estate. 
 
 Sec. 192. Partition of real estate. — A person having or holding 
 real estate with others, in any form of joint tenancy, or tenancy in 
 common, may compel partition thereof in the manner hereinafter pre- 
 scribed. 
 
 Sec 193. Where action for partition must he brought. — An action 
 to enforce partition shall be brought in the circuit wherein the 
 estate sought to be divided is situated. If the estate is situated in 
 two or more circuits, the action for partition of the whole may be in- 
 stituted and maintained in any circuit wherein a part of such estate 
 is situated. 
 
 Sec. 194. The complaint. — The complaint in an action for par- 
 tition shall set forth the nature and extent of the plaintiff's title and 
 contain an adequate discription of the real estate of which partition 
 is demanded, and name each tenant in common, coparcener, or other 
 person interested therein as defendants. 
 
 Sec. 195. The order of partition. — If, upon trial, the court finds 
 that the plaintiff has a legal right to any part of such estate, it shall 
 order partition thereof in favor of the plaintiff, among all parties in 
 interest. 
 
 Thereupon the parties may, if they are able to agree, make parti- 
 tion among themselves, by proper instruments of conveyance and the 
 court shall confirm the partition so agreed upon bj^ all the parties 
 and enter the same of record, and the amicable partition so made 
 shall be valid and binding between the parties thereto. But if the 
 parties are unable to agree upon a partition, the court shall appoint 
 three judicious and disinterested land owners of the circuit in which 
 the land to be divided, or some portion of the same, is situated, to be 
 commissioners to make the partition, and shall order a writ of par- 
 tition to issue to the commissioners commanding them to make parti- 
 tion of the estate and to set off to the plaintiff and to each party in 
 interest such . part and proportion of the estate as the court shall 
 order. 
 
 Sec. 19G. Duty of commissioners in making partition. — Before 
 making such partition, the commissioners shall take and subscribe 
 an oath before the judge or clerk, or any district judge, that they 
 will faithfully perforin their duties as commissioners, which oaths 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 45 
 
 shall be filed in court with the other proceedings in the case. In 
 making such partition, the commissioners shall view and examine 
 the estate, after due notice to the parties to attend at such view and 
 examination, and shall hear the parties as to their preference in the 
 portion of the estate to be set apart to them and the comparative value 
 thereof, and shall set apart the estate to the several parties in such 
 lots or parcels as will be most advantageous and equitable, having 
 due regard to the improvement, situation, and quality of the different 
 parts thereof. 
 
 Sec 197. When partition of more than one tract is demanded. — 
 When partition of more than one tract is demanded the commis- 
 sioners shall set off to each plaintiff or party in interest, his proper 
 proportion in each of the several tracts, unless the several tracts are 
 owned by the same proprietors and in the same proportion in each 
 tract, in which case the whole share of any proprietor, in all the 
 several tracts, may be set off to such proprietor according to the best 
 discretion of the commissioners. 
 
 Sec. 198. Assignment or sale of the estate. — When it is made to 
 appear to the commissioners that the estate, or a portion thereof, 
 cannot be divided without great inconvenience to the parties inter- 
 ested, the court may order it assigned to one of the parties, provided 
 he pays to the other party such sum of money as the commissioners 
 judge equitable. But if no one of the parties interested will take such 
 assignment and pay such sum, the court shall order the commis- 
 sioners to sell such estate at public or private sale. In that case the 
 commissioners shall sell the estate agreeably to such order; but the 
 sale shall not be valid to pass the title to the property until confirmed 
 by the court, unless the order of sale itself shall otherwise provide. 
 
 Sec 199. Report of commissione?'S. — The commissioners shall make 
 full and accurate report to the court of all their proceedings as to 
 partition, or assignment of the estate to one of the parties, or sale of 
 the same. But none of their proceedings shall be effectual to bind 
 the property or the parties until the court shall have accepted their 
 report and rendered judgment therein. 
 
 Sec '200. Action of the court upon commissioner*' report. — Upon 
 the filing of such report in court, the court shall, upon hearing, 
 accept the same and render judgment in accordance therewith; or 
 for cause shown it may recommit the report to the commissioners 
 for further report of facts ; or it may set aside the report and appoint 
 new commissioners; or it may accept the report in part and reject 
 it in part, and make such final order and judgment as shall effectuate 
 a fair and just partition of the estate or of its value, if sold or 
 assigned as above provided between the several owners thereof. 
 
 Sec 201. Distribution of proceeds of sale. — The money or securi- 
 ties arising from a sale, or an election to take the estate in accordance 
 with the foregoing provision shall be distributed and paid, by orde? 
 803a— 07— m 4 
 
46 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 of the court, to the parties entitled thereto, in lieu of their respective 
 parts and proportions of the estate, according to their just rights 
 therein. 
 
 Sec. 202. Accounting for rent and profits in action for partition. — 
 In an action for partition in accordance with the last nine preceding 
 sections, one tenant in common, or joint tenant, or coparcener, may 
 recover from another his just share of rent and profits received by- 
 such other tenant in common, joint tenant, or coparcener from the 
 estate according to the justice and equity of the case, and the final 
 judgment shall include an allowance for such rents and profit as are 
 found to be justly recoverable. 
 
 Sec. 203. Costs and expenses to be equitably taxed. — The court 
 shall tax and apportion between the parties the costs and expenses 
 which accrue in the action, having regard to the interests of the 
 parties, and the benefit that each party may derive from a partition 
 and according to equity. An execution may issue therefor as in other 
 cases. 
 
 Sec. 204. Fees of commissioners. — The commissioners appointed to 
 make partition of real estate shall receive such compensation for the 
 time actually and necessarily employed in the performance of their 
 duties and in making their report to the court, as the parties may 
 agree to or the court fix, which fee shall be taxed as a part of the costs 
 of the proceeding and apportioned as provided in the last preceding 
 section. 
 
 Sec. 205. Final judgment, its record and effect. — The record of the 
 final judgment in such action shall state definitely by metes and 
 bounds an adequate description, the particular portion of the estate 
 that is assigned to each party to the action if partition is made; if the 
 whole estate is assigned to one of the parties upon his paying to the 
 other party the sum ordered by the court, the record shall state 
 the fact of such payment and of the assignment of the estate to such 
 party making such payment. 
 
 If the estate is sold and the sale is confirmed by the court, the record 
 shall state the name of the purchaser or purchasers and a definite 
 description of the parcels of the estate sold to each purchaser. The 
 expense of such record shall be taxed as a part of the costs of the 
 action. 
 
 If actual partition of the land is made, the effect of the judgment 
 shall be to vest in each party to the action in severalty the portion of 
 the estate assigned to him. If the whole estate is assigned to one of 
 the parties upon his payment to the other party or parties of the sum 
 ordered by the court, the effect of the judgment, upon such payment 
 being made, shall be to vest in the party making the payment, in ac- 
 cordance with the order of the court, the fee of the whole estate free 
 of any interest on the part of the other joint tenants, tenants in com- 
 mon, or coparceners. If the estate is sold, and the sale confirmed by 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 47 
 
 the court, the effect of the record shall be, upon payment for the same 
 being made, to vest in the purchaser or purchasers the fee of the estate 
 free from claims of any of the parties to the action. The record of 
 the judgment shall constitute an instrument of evidence in all ques- 
 tions as to the title to the lands or the estate which may be the subject 
 of the judgment in all courts, and shall be conclusive as to the rights 
 of all parties to the suit. But the right of appeal to the Supreme 
 Court shall appertain to actions for partition in the same manner and 
 to the same extent as to other actions. 
 
 Sec. 206. Power of guardian in partition proceedings. — The guar- 
 dian, or guardian ad litem, of a minor, or person of unsound mind, 
 may, on behalf of his ward, and with the approval of the court, do 
 and perform any act, matter, or things respecting the partition of 
 an estate which such minor or person of unsound mind could do 
 in partition proceedings if he were of age or of sound mind. 
 
 Sec 207. Paramount rights and amicable partition not affected. — 
 Nothing herein contained shall be construed so as to injure, preju- 
 dice, defeat, or destroy the estate right, or title of any person claim- 
 ing a tract of land, or any part thereof, by title under any other 
 person or by title paramount to the title of the joint tenants, tenants 
 in common, or coparceners by whom partition may have been made. 
 Nothing herein contained shall be construed as restricting or pre- 
 venting joint tenants, tenants in common, or coparceners from mak- 
 ing an amicable partition of their common estate by agreement and 
 suitable instrument of conveyance without recourse to an action for 
 that purpose. 
 
 Usurpation of office or franchise. 
 
 Sec 208. Usurpation of an office or franchise. — A civil action may 
 be brought in the name of the Government of the Canal Zone: 
 
 1. Against a person who usurps, intrudes into, or unlawfully holds 
 or exercises a public civil office or a franchise with the Canal Zone, 
 or an office in a corporation created by the authority of the Govern- 
 ment of the Canal Zone; 
 
 2. Against a public civil officer who does or suffers an act which, 
 by the provisions of law, works a forfeiture of his office; 
 
 3. Against an association of persons who act as a corporation 
 within the Canal Zone, without being legally incorporated or with- 
 out lawful authority so to act. 
 
 Sec 209. Like actions against a corporation. — A like action may 
 be brought against a corporation: 
 
 1. When it has offended against a provision of an act for its crea- 
 tion or renewal, or any act altering or amending such act; 
 
 2. When it has forfeited its privileges and franchises by non-user; 
 
 3. When it has committed or omitted an act which amounts to a 
 surrender of its corporate rights, privileges and franchises; 
 
48 CODE OF CIVIL PROCEDUEE OF THE CANAL ZONE. 
 
 4. When is has misused a franchise, privilege, or right conferred 
 upon it by law or when it has exercised a franchise, privilege, or 
 right in contravention of law. 
 
 Sec. 210. Action to be prosecuted !>>/ public officers. — The General 
 Counsel of the Isthmian Canal Commission or the Prosecuting 
 Attorney of the Canal Zone may commence any such action; and 
 when, upon complaint or otherwise, he has good reason to believe 
 that any case specified in the two preceding sections can be established 
 by proof he must commence such action. 
 
 Sec. 211. Stone. — The General Counsel of the Isthmian Canal Com- 
 mission or the Prosecuting Attorney of the Canal Zone may, at his own 
 instance, bring such an action, or he may. on leave of the court in 
 which the action is to be commenced, or a judge thereof in vacation, 
 bring the action upon the relation of and at the request of another 
 person; but, if the action is brought at the request of and upon the 
 relation of another person, the officer bringing it may require an 
 indemnity for expenses and costs of the action to be given to him by 
 the party at whose request and upon whose relation the same is 
 brought before commencing it. 
 
 Sec. 212. .1// individual mitt/ commence such action. — A person 
 claiming to be entitled to a public office, unlawfully held and exer- 
 cised by another, may bring an action therefor. 
 
 Sec. 213. What the complaint must set forth in such action,' judg- 
 ment therein. — When the action is against a person for usurping an 
 office, the complaint shall set forth the name of the person who 
 claims to be entitled thereto, with an averment of his right to the 
 same ; and that the defendant is unlawfully in possession of the 
 same; and judgment may be rendered upon the right of the defend- 
 ant, and also upon the right of the person so averred to be entitled, 
 or only upon the right of the defendant, as justice requires. 
 
 Sec. 214. Who may be made defendants. — All persons who claim 
 to be entitled to the same office or franchise may be made defendants 
 in the same action, to try their respective rights to such office or 
 franchise. 
 
 Sec. 215. Where such actions may be brought. — An action under 
 the last preceding seven sections can be brought only in the Supreme 
 Court or in the Circuit Court in which the defendant, or one of the 
 defendants, resides, or, when the defendant is a corporation, in the 
 circuit in which it is situated or has a place of business; but when 
 the General Counsel commences the action, it may be brought in a 
 Circuit Court or in the Supreme Court. 
 
 Sec. 216. Application for leave to commence action and notice to 
 defendant. — Upon application for leave to commence such action, 
 in accordance with section two hundred eleven, the court or judge 
 may, in its or his discretion, direct notice thereof to be given to the 
 defendant orevious to granting such leave, and may hear the defend- 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONK. 49 
 
 ant in opposition thereto; and if leave be granted, entry thereof shall 
 be made on the docket or the fact shall be indorsed by the judge on 
 the complaint, which shall then be filed. 
 
 Sec. 217. Expediting proceedings. — An order may be made by the 
 court, or by the judge, shortening the time for filing pleadings and 
 for all other proceedings, in such cases as fixed by general rules, so 
 as to secure the most expeditious determination of the matters in- 
 volved in the litigation consistent with the rights of the parties. 
 Such action shall have precedence of any civil business pending in 
 the court. 
 
 Sec. 218. Judgment where office, franchise, etc., found to have 
 been usurped. — When the defendant is found guilty of usurping, 
 intruding into, or unlawfully holding or exercising an office, fran- 
 chise, or privilege, judgment shall be rendered that such defendant 
 be ousted and altogether excluded therefrom, and that the relator 
 or plaintiff, as the case may be, recover his costs. Such further judg- 
 ment may be rendered as is provided in section two hundred thirteen. 
 
 Sec. 219. Judgment where director of a corporation found to have 
 teen illegally elected. — -When the action is brought against a director 
 of a corporation and the court finds that at his election either illegal 
 votes were received or legal votes rejected, or both, sufficient to change 
 the result, judgment may be rendered that the defendant be ousted, 
 and of induction in favor of the person who was entitled to have been 
 declared elected at such election. Or, in such case, the court may, in 
 its discretion order a new election to be held at a time and place and 
 by judges of election appointed by the court; notice of such election 
 and nomination of the judges shall be given for the time and in the 
 manner provided by law for notice of elections of directors of such 
 corporations ; the order of the court shall become obligatory upon the 
 corporation and its officers when a duly certified copy thereof is served 
 upon its secretary personally or left at its principal office; and the 
 court may enforce its order by attachment or in any other manner it 
 deems necessary. 
 
 Sec. 220. Rights of person adjudged to be entitled to office. — If 
 judgment be rendered in favor of the person averred to be entitled 
 to the office he may, after taking the oath of office and executing any 
 official bond required by law, take upon himself the execution of the 
 office, and he shall immediately thereafter demand of the defendant 
 all the books and papers in his custody or within his power appertain- 
 ing to the office from which he has been ousted. 
 
 Sec. 221. How judgment of court enforced. — If such defendant re- 
 fuse or neglect to deliver over any such book or paper pursuant to 
 demand, he shall be deemed guilty of a contempt of court and shall 
 be fined in any sum not exceeding twenty-five hundred dollars and 
 imprisoned until he complies with the order of the court, or is other- 
 wise discharged by due course of law. 
 
50 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Sec. 222. Action for damages against person, ousted. — Such person 
 ma}', at any time within one year after date of such judgment, bring 
 an action against the party ousted and recover the damages sustained 
 hy reason of his usurpation. 
 
 Sec. 22-3. Judgment when corporation has forfeited its rights. — 
 When, in any such action, it is found and adjudged that a corpora- 
 tion has, by an act done or omitted, surrendered, or forfeited its cor- 
 porate rights, privileges, and franchise, or has not used the same dur- 
 ing the term of five years, judgment shall be entered that it be ousted 
 and excluded therefrom and that it be dissolved ; but when it is found 
 and adjudged that a corporation has offended in any matter or man- 
 ner which does not by law work as a surrender or forfeiture, or has 
 misused a franchise or exercised a power not conferred by law, but 
 not of such a character as to work a surrender or forfeiture of its 
 franchise, judgment shall be rendered that it be ousted from the con- 
 tinuance of such offense or the exercise of such power. 
 
 Sec. 224. Appointment of receiver when corporation dissolved. — 
 The court rendering a judgment dissolving a corporation shall ap- 
 point a receiver of all its assets, agreeably to section one hundred 
 eighty-five, who shall proceed to administer the same in accordance 
 with the provisions of sections one hundred eighty-six to one hundred 
 ninety, inclusive. 
 
 Sec. 225. How receiver placed in possession. — An officer of such 
 corporation who refuses or neglects, upon demand, to deliver over to 
 the receiver all money, property, books, deeds, notes, bills, obligations, 
 and papers of every description and within its power or control, be- 
 longing to the corporation, or in any wise necessary for the settlement 
 of its affairs, or the discharge of its debts and liabilities, shall be 
 deemed guilty of a contempt of court, and shall be fined not exceed- 
 ing twenty-five hundred dollars, and imprisoned until he complies 
 with the order of the court, or is otherwise discharged by due course 
 of law ; and he shall be liable to the receiver for the value of all money 
 or other things so refused or neglected to be surrendered, together 
 with all damages that may have been sustained by the stockholders 
 and creditors of the corporation, or any of them, in consequence of 
 such neglect or refusal. 
 
 Sec. 22G. Judgment for costs. — If judgment be rendered in such 
 action against a corporation or against a person claiming to be a 
 corporation, the court may render judgment for the costs against the 
 directors or other officers of the corporation, or against the person 
 claiming to be the corporation. If judgment be rendered for the 
 defendant he shall recover his costs from the plaintiff, if the plaintiff 
 be not the Government. 
 
 Sec. 227. Limitations. — Nothing herein contained shall authorize 
 an action against a corporation for forfeiture of charter, unless the 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 51 
 
 same be commenced within five years after the act complained of was 
 done or committed ; nor shall an action be brought against an officer 
 to be ousted from his office unless within one year after the cause of 
 such ouster, or the right to hold the office, arose. 
 
 Certiorari proceedings. 
 
 Sec. 228. Certiorari proceedings. — When the ground of the com- 
 plaint in an action in a Circuit Court is that an inferior tribunal, 
 board, or officer exercising judicial functions, has exceeded the juris- 
 diction of such tribunal, board, or officer, and there is no appeal, nor 
 any plain, speedy, and adequate remedy, and the court, on trial, finds 
 the allegations of the complaint to be true, it shall render a judgment 
 ordering such inferior tribunal, board, or officer, or other person hav- 
 ing the custody of the record or proceedings, at a specified time and 
 place, to certify to the court a transcript of the record and the pro- 
 ceedings (describing or referring to them with convenient certainty) 
 that the same may be reviewed by the court ; and requiring the party, 
 in the meantime, to desist from further proceedings in the matter 
 to be reviewed, if, in the judgment of the court, a stay ought to be 
 granted. 
 
 Sec. 229. Service of order. — A certified copy of the judgment and 
 order of the court, as provided in the preceding section, shall be 
 served upon such inferior tribunal, board, or officer in such manner 
 as the court may direct. 
 
 Sec 230. Enforcement of order. — If such order is not obeyed, the 
 court may enforce it by attachment and by fine and imprisonment as 
 for contempt. 
 
 Sec. 231. Final proceedings in certiorari. — AVhen the proceedings 
 complained of have been fully certified, the court shall hear the 
 parties and determine whether the inferior tribunal, board, or officer 
 has regular^ pursued its authority ; and if it finds that such inferior 
 tribunal, board, or officer has not regularly pursued its authority, it 
 shall thereupon give final judgment, either affirming, or annulling, 
 or modifying the proceedings below, as the law requires. 
 
 Sec. 232. Certifying judgment to inferior tribitnal. — A cop} r of the 
 final judgment, signed by the clerk, shall be transmitted to the 
 inferior tribunal, board, or officer having the custod} r of the record 
 or proceedings certified up. 
 
 Mandate. 
 
 Sec. 233. Mandate. — When the complaint in an action in a Circuit 
 Court alleges that any inferior tribunal, corporation, board, or person 
 unlawfully neglects the performance of an act which the law speci- 
 ally enjoins as a duty resulting from an office, trust, or station, or 
 
52 CODE OF CIVIL PEOCEDURE OP THE CANAL ZONE. 
 
 unlawfully excludes the plaintiff from the use and enjoyment of a 
 right or office to which he is entitled and from which he is unlaw- 
 fully precluded by such inferior tribunal, corporation, board, or 
 person, and the court, on trial, finds the allegations of the complaint 
 to be true, it may, if there is no other plain, speedy, and adequate 
 remedy in the courts of law, render a judgment granting a per- 
 emptory order against the defendant, commanding him, immediately 
 after the receipt of such order, or at some other specified time, to do 
 the act required to be done to protect the rights of the plaintiff. 
 
 Sec. 234. Damages in such action. — If judgment be given for the 
 plaintiff, he may recover in the same action the damages which he 
 has sustained, as determined by the court, by reason of the wrongful 
 acts of the defendant, together with costs. 
 
 Sec 235. Service of the order. — A certified copy of the judgment 
 and order of mandate shall be served upon the defendant in such 
 manner as the court may direct. 
 
 Sec 23G. Enforcement of order of mandate. — -When a peremptory 
 mandate has been issued to and served upon any inferior tribunal, 
 corporation, board, or person, as provided in the preceding section, 
 if it be made to appear to the court that any member of such tribunal, 
 corporation, or board, or such person upon whom the order has been 
 personally served, has, without just excuse, refused or neglected to 
 obey the same, the court may, upon motion and notice to the defend- 
 ant, and hearing, impose a fine not exceeding five hundred dollars 
 upon the person offending. 
 
 In case of persistence in a refusal of obedience, the court may 
 order the party to be imprisoned until the order is obeyed, and may 
 make any orders necessary and proper for the complete enforcement 
 of the mandate. 
 
 Prohibition. 
 
 Sec. 237. Prohibition. — When the complaint in any action pending 
 in any Circuit Court alleges that the proceedings of any inferior 
 tribunal, corporation, board, or person, whether exercising functions 
 judicial or ministerial, were without or in excess of the jurisdiction of 
 such tribunal, corporation, board, or person, and the court, on trial, 
 shall find that the allegations of the complaint are true, and that 
 the plaintiff has no other plain, speedy, and adequate remedy in the 
 ordinary course of law, it shall render a judgment in favor of the 
 plaintiff, including an order commanding the defendant absolutely 
 to desist or refrain from further proceedings in the action or matter 
 specified therein. 
 
 Sec 238. Service of judgment and order. — A certified copy of the 
 judgment and order of prohibition shall be served upon the defend- 
 ant in such manner as the court shall direct. 
 
CODE OF CIVIL PKOCEDURE OF THE CANAL, ZONE. 53 
 
 Sec. 239. Enforcement order of prohibition. — An order of pro- 
 hibition may be enforced in the same manner as is provided for the 
 enforcement of an order of mandate. 
 
 Sec 240. Preliminary injunctions in certiorari, mandate, and 
 prohibition proceedings. — A preliminary injunction in certiorari, 
 mandate, and prohibition proceedings may be granted by the judge 
 if, in his judgment, such injunction is necessary for the preservation 
 of the rights of the parties, pending litigation. 
 
 Sec. 241. Expediting such proceedings. — The court may in its 
 discretion, make such orders as it deems necessary for expediting 
 proceedings in actions praying for certiorari, mandate, or prohibi- 
 tion, and the judge may make such orders in vacation, as well as in 
 term time. 
 
 Contempt. 
 
 Sec 242. What contempt of court may be punished summarily. — 
 A Circuit Court may punish summarily, by fine not exceeding one 
 hundred dollars, or by imprisonment not exceeding ten days, or both, 
 a person guiltj^ of misbehavior in the presence of or so near the 
 court or judge as to obstruct the administration of justice, including 
 the refusal of a person present in court to be sworn as a witness or 
 to answer as a witness when lawfully required. 
 
 Sec 243. What other acts are contempts of court. — A person guilty 
 of any of the following acts may be punished as for contempt : 
 
 1. Disobedience of or resistance to a lawful writ, process, order, 
 judgment, or command of a court, or injunction granted by a court 
 or judge; 
 
 2. Misbehavior of an officer of the court in the performance of 
 his official duties, or in his official transactions; 
 
 3. A failure to obey a subpoena duly served; 
 
 4. The rescue, or attempted rescue, of a person or property in the 
 custody of an officer by virtue of an order or process of the court 
 held by him. 
 
 Sec 244. When accused entitled to be heard. — In cases under the 
 last section, a charge in writing shall be filed with the clerk, an entry 
 thereof made upon the docket, and an opportunity given to the 
 accused to be heard, by himself or counsel ; but this section shall not 
 be so construed as to prevent the court from issuing process to 
 bring the accused party into court, or from holding him in custody 
 pending such proceedings. 
 
 Sec 245. Bight of accused to bail. — In such proceedings if the hear- 
 ing is not ordered to be held forthwith, the court may fix the amount 
 of an obligation to be given by the accused, with surety to the satis- 
 faction of the court, for the appearance of the accused to answer the 
 charge; and upon the approval of such obligation the accused shall 
 be released from custody. 
 
54 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Sec. 246. Trial of the charge. — Upon the day fixed for the trial 
 the court shall proceed to investigate the charge and shall hear any 
 answer or testimony which the accused may make or offer. 
 
 Sec. 247. Punishment if found guilty. — The court shall then deter- 
 mine whether the accused is guilty of the contempt charged ; and, if 
 it be adjudged that he is guilty, he may be fined not exceeding five 
 hundred dollars, or imprisoned not more than six months, or both. 
 If the contempt consists in the violation of an injunction, the person 
 guilty of such contempt may also be ordered to make complete resti- 
 tution to the party injured by such violation. 
 
 Sec. 248. Imprisonment until order obeyed. — When the contempt 
 consists of the omission to do an act, which is yet in the power of the 
 accused to perforin, he may be imprisoned until he performs it. 
 
 Sec. 249. Proceedings when party released on bail fails to appear. — 
 If the party released on bail fail to appear upon the day named, the 
 court may issue another order of arrest, or may order the obligation 
 for his appearance to be prosecuted, or both ; and, if the obligation be 
 prosecuted, the measure of damages shall be the extent of the loss 
 or injury sustained by the aggrieved party by reason of the miscon- 
 duct for which the contempt was prosecuted and the costs of the 
 proceedings, and such recovery shall be for the benefit of the party 
 injured. 
 
 Sec. 250. Right of court who committed prisoner to release him. — 
 When a person has been imprisoned for contempt, the court or judge 
 who made the order may discharge him from imprisonment, when it 
 shall be made to appear to the court or judge that the public interests 
 will not suffer thereby. 
 
 Sec. 251. Final judgment. — The judgment and orders of a Circuit 
 Court, made in cases of contempt, may be reviewed by the Supreme 
 Court; but execution of the said final judgment and orders shall not 
 be suspended until there is filed by the person in contempt, in the 
 court rendering the judgment or making the order, an obligation with 
 sureties to the acceptance of the judge, in an amount to be by him 
 fixed, conditioned that he will prosecute an appeal with all due dili- 
 gence and that if the judgment be against him he will abide and 
 perform the order or judgment. But such review shall be had only 
 after final judgment in the action in the Circuit Court, and when 
 the cause has regularly passed to the Supreme Court, as in this Code 
 provided. 
 
 The Supreme Court shall hear said cause and dispose of the same 
 at the first term of the Court at which said appeal could be regularly 
 heard. 
 
 Foreclosure of mortgage. 
 
 Sec. 252. Where action for foreclosure of real-estate mortgage must 
 be instituted. — An action for the foreclosure of a mortgage or other 
 
CODE OF CTVTL PROCEDURE OF THE CANAL ZONE. 55 
 
 incumbrance upon real estate, or an interest therein, must be brought 
 in the circuit in which the land or some part thereof lies. 
 
 Sec 253. The complaint in an action for foreclosure of a real-estate 
 mortgage. — In an action for foreclosure of a real-estate mortgage, or 
 other incumbrance upon real estate the complaint shall set forth the 
 date and due execution of the mortgage, its assignments, if any, the 
 names and residences of the mortgagor and mortgagee, a description 
 of the mortgaged premises, a statement of the date of the note or 
 other obligation secured by the mortgage, and the amount claimed to 
 be unpaid thereon, and the names and residences of all persons hav- 
 ing or claiming an interest in the premises subordinate in right to 
 that of the holder of the mortgage, all of whom shall be made defend- 
 ants in the action. 
 
 Sec. 254. Trial and judgment in foreclosure suit. — If upon trial in 
 such action the court shall find the facts set forth in the complaint to 
 be true, it shall ascertain the amount due to the plaintiff upon the 
 mortgage debt or obligation, including interest and costs, and shall 
 render judgment for the sum so found due, and order that the same 
 be paid into court on or before the first day of the next term of the 
 court immediately succeeding the one at which such order was made, 
 and that in default of such payment the land shall be sold to realize 
 the mortgage debt and costs. 
 
 Sec 255. Sale of the mortgaged property. — When the defendant, 
 after being directed to do so, as provided in the last preceding section, 
 fails to pay the principal, interest, and costs at the time directed in 
 the order, the court shall order the property to be sold in the manner 
 and under the regulations that govern sales of real estate under exe- 
 cution; but such sale shall not affect the rights of persons holding 
 prior incumbrances upon the same estate or a part thereof. The sale, 
 when confirmed by decree of the court, shall operate to divest the 
 rights of all the parties to the action and to vest their rights in the 
 purchaser. Should the court decline to confirm the sale, for good 
 cause shown, and should set it aside, it shall order a resale in accord- 
 ance with law. 
 
 Sec 256. Disposition of proceeds. — The money arising from the 
 sale of mortgaged property, under the regulations hereinbefore pre- 
 scribed, shall, after deduction of costs of sale, be paid to the person 
 foreclosing the mortgage, and when there shall be an}' surplus, after 
 paying off such mortgage or other incumbrance, the same shall be 
 paid to junior incumbrancers in the order of the priority, to be 
 ascertained by the court, or if there be no such incumbrances or there 
 be a surplus after payment of such incumbrances, then to the mort- 
 gagor or his agent, or to the person entitled to it. 
 
 Sec 257. Disposition of proceeds in case the debt is not all due. — 
 If the debt for which the mortgage or incumbrance was held is not 
 
56 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 all due, so soon as sufficient of the property has been sold to pay the 
 amount due, with costs, the sale must cease; and afterwards, as often 
 as more becomes due for principal or interest, the court may, on 
 motion, order more to be sold. But if the property can not be sold 
 in portions without injury to the parties, the whole shall be ordered 
 to be sold iu the first instance and the entire debt and costs paid, 
 a rebate of interest being made where such rebate is proper. 
 
 Sec. 258. Judgment for balance after sale of property. — Upon the 
 sale of an}- real property, under a decree for a sale to satisfy a mort- 
 gage or other incumbrance thereon, if there be a balance due to the 
 complainant after applying the proceeds of the sale, the court, upon 
 motion, shall give a decree against the defendant for any such bal- 
 ance for which, by the record of the case, he may be personally liable 
 to the plaintiff, upon which execution may issue immediately if the 
 balance is all due at the time of the rendition of the decree; otherwise 
 the plaintiff shall be entitled to execution at such time as the balance 
 remaining would have become due by the terms of the original con- 
 tract, which time shall be stated in the decree. 
 
 Sec. 259. Final record. — The final record in the action shall set 
 forth, in brief, the petition and other pleadings, judgment, orders, 
 the proceeding under the order of sale, and the decree confirming the 
 same, and the name of the purchaser, with a description of the estate 
 by him purchased. 
 
 Manual delivery of personal property. 
 
 Section 260. Delivery of litigated personal property to plaintiff. — 
 Whenever the complaint in an action shall pray for the recovery of 
 the possession of personal property, the plaintiff may, at the time of 
 instituting the action, or at any time before answer, file a notice 
 claiming the delivery of such property to him, in the manner herein- 
 after provided. 
 
 Sec. 261. Affidavit and obligation to be filed by plaintiff. — Where 
 a delivery is claimed an affidavit must be made by the plaintiff, or by 
 some one in his behalf, showing : 
 
 1. That the plaintiff is the owner of the property claimed (par- 
 ticularly describing it) or is entitled to the possession thereof; 
 
 2. That the property is wrongfully detained by the defendant; 
 
 3. The alleged cause of detention thereof according to his best 
 knowledge, information, and belief; 
 
 4. That it has not been taken for a tax assessment or fine pursuant 
 to law, or seized under an execution, or an attachment against the 
 property of the plaintiff, or. if so seized, that it is by law exempt 
 from such seizure; 
 
 5. The actual value of the property. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 57 
 
 The plaintiff shall also at the same time file with the clerk a written 
 obligation of the plaintiff, executed by two or more sureties approved 
 by the court, to the effect that they are bound to the defendant in 
 double the value of the propert}', as stated in the affidavit for the 
 prosecution of the action, for the return of the property to the defend- 
 ant, if the return thereof be adjudged, and for the payment to him of 
 such sum as may in the cause be recovered against the plaintiff. The 
 affidavit and obligation shall be filed with the clerk of the court in 
 which the action is pending. 
 
 Sec. 262. Warrant of seizure. — Upon the filing of such affidavit 
 and obligation it shall be the duty of the clerk, at the request of the 
 plaintiff or his attorney, to issue, under the seal of the court, a war- 
 rant requiring the officer of the court forthwith to take into his cus- 
 tody the personal property alleged to be wrongfully detained. 
 
 Sec 263. Service of warrant. — Upon receiving the warrant named 
 in the last section the officer must forthwith take the property de- 
 scribed in the warrant, if it be in the possession of the defendant or 
 his agent, and retain it in his custody. If the property, or any part 
 thereof, be concealed in a building or inclosure, the officer must pub- 
 licly demand its delivery; if it be not delivered, he must cause the 
 building or inclosure to be broken open and take the property into 
 his possession. When the officer has taken property as herein pro- 
 vided, he must keep it in a secure place and ultimately deliver it to 
 the party entitled thereto, upon receiving his fees for taking and his 
 necessary expenses for keeping the same. He must, without delay, 
 serve on the defendant a copy of the notice, undertaking, and war- 
 rant, in the manner provided by law for service of process. 
 
 Sec 264. Proceedings when objection is made to the sufficiency of 
 the obligation. — The defendant may, within two days after the serv- 
 ice of a copy of the affidavit and undertaking and warrant, give notice 
 to the clerk that he excepts to the sufficiency of the obligation or of 
 the sureties. If he fails to do so, he is deemed to have waived all 
 objections to them. When the defendant excepts, the clerk, on notice 
 to both parties, and on hearing, shall investigate the sufficiency of 
 the sureties as to their financial responsibility. If the clerk finds the 
 obligation to be insufficient in amount, he shall require a new obliga- 
 tion with sufficient sureties forthwith. In either case, if the plaintiff 
 does not forthwith furnish a sufficient obligation with sufficient sure- 
 ties, the clerk shall make an order for the return of the property to 
 the defendant, and it shall be returned. If the defendant except 
 to the obligation or to the sureties, he can not reclaim the property 
 as provided in the next section. 
 
 Sec. 265. Delivery of property to the defendant. — At airy time 
 before the delivery of the property to the plaintiff, as in this section 
 
58 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 provided, the defendant may, if he do not except to the obligation 
 or sureties of the plaintiff, require the return thereof, upon delivering 
 to the clerk a written obligation to the plaintiff executed by him, 
 with two or more sufficient sureties, to the effect that they are bound 
 in double the value of the property as stated in the affidavit of the 
 plaintiff, for the delivery thereof to the plaintiff, if such delivery 
 be adjudged, and for the payment of such sum to him as may be 
 recovered against the defendant. If a return of the property be not 
 so required within five days after the taking and service of notice to 
 the defendant, it must be delivered to the plaintiff, as' herein pro- 
 vided. 
 
 Sec. 266. Defendant's obligation and sureties. — The defendant's 
 sureties, upon notice to the plaintiff, not less than two nor more than 
 five days, must justify before the clerk, and upon such justification 
 the officer must deliver the property to the defendant. If the defend- 
 ant's sureties, or others in their place, fail to justify at the time and 
 place appointed, the officer must deliver the property to the plaintiff. 
 
 Sec. 267. Responsibility of officer and, clerk. — The officer will be 
 responsible for the property until the same is delivered to the plain- 
 tiff or defendant, as herein provided. The clerk will be responsible 
 for the sufficiency of the sureties at the time he shall approve them, 
 but not for their sufficiency at a subsequent date should their finan- 
 cial standing be thereafter changed. 
 
 Sec. 268. // property claimed by third person. — If the property 
 taken be claimed by any other person than the defendant or his agent, 
 and such person make an affidavit of his title thereto or right to the 
 possession thereof, stating the grounds of such right or title, and 
 serve the same upon the officer while he has possession of the prop- 
 erty, the officer is not bound to keep the property, or deliver it to 
 the plaintiff, unless the plaintiff on demand of him or his agent, 
 indemnify the officer against such claim by an obligation with two 
 sufficient sureties; and no claim to such property or damage for its 
 seizure, by any other person than the defendant or his agent, shall be 
 valid against the officer unless so made. But nothing herein con- 
 tained shall prevent such third person from vindicating his claim to 
 the property by any proper action. 
 
 Sec. 269. Return of papers. — The officer must file the warrant 
 with his proceedings indorsed thereon, with the clerk of the court 
 within twenty days after taking the property mentioned therein. 
 
 Sec. 270. Final judgment. — On trial, the court shall adjudge the 
 property to the plaintiff, or to the defendant, as the law and facts 
 warrant, together with such damages and costs as either party estab- 
 lishes a right to recover. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 59 
 
 Chapter X. 
 
 TO ESTABLISH TITLES TO REAL PROPERTY. 
 
 Sec. 271. Power of Circuit Courts to establish title to real estate. — 
 Any and all Circuit Courts in the Canal Zone shall have power to 
 inquire into the condition of any title of or interest in any land in 
 the circuit in which the court is held and to make all such orders, 
 judgments and decrees as may be necessary to determine and estab- 
 lish said title or interest, legal or equitable, against all persons known 
 or unknown, and all liens existing on such lands, whether by statute, 
 judgment, mortgage, deed of trust or otherwise. 
 
 Sec 272. Who may sue. — It shall be lawful for any person claim- 
 ing title to any land in such circuit and for all claiming under such 
 person, to file a petition in the Circuit Court in which the land 5 .or a 
 part thereof, are situated praying for a decree establishing and con- 
 firming his said title. 
 
 By resolution of the Isthmian Canal Commission, the General 
 Counsel of said Commission, or the Prosecuting Attorney of the 
 Canal Zone, or other legal officer of said Commission named in said 
 resolution, may file such petition in any Circuit Court of a circuit in 
 the Canal Zone wherein lands are situated, the title of which is 
 claimed to be either in the United States Government, the Isthmian 
 Canal Commission, or the Panama Railroad Company. 
 
 Sec 273. Contents of petitio?i, verification-. — Any number of par- 
 cels of land may be included in one petition, or separate petitions may 
 be filed, as the petitioner may elect. 
 
 Said petition shall state clearly the description of said lands, the 
 character and extent of the estate claimed by the petitioner, and 
 from whom, and when, and by what mode he derived his title thereto. 
 It shall give the names of all persons owning or claiming any estate 
 or interest in said lands, or any part thereof, and also all persons who 
 shall be in possession of said land, or any part thereof, and also all 
 persons to whom any such lands shall have been conveyed, and their 
 residences, so far as the same are known to said petitioner, and if no 
 persons are known to said petitioner it shall be so stated in said peti- 
 tion. 
 
 Should said petition be filed by a private party it shall be verified 
 by the said petitioner or by the agent of said petitioner ; and the party 
 so swearing falsely shall be deemed guilty of perjury and punished 
 accordingly, and shall be liable in damages to any person injured by 
 such false statements, to be recovered in an action in any court having 
 jurisdiction thereof. 
 
 If said petition is filed under the direction of the Isthmian Canal 
 Commission the same need not be verified. 
 
60 CODE OF CIVIL PROCEDUKE OF THE CANAL ZONE. 
 
 Sec. 274. Summons. — All persons so named in said petition shall 
 be made defendants, and shall be notified of said suit by summons, if 
 residents of the Canal Zone, in the same manner as is now or may 
 hereafter be required by law: Provided, That the notice specified in 
 this act shall be the only publication notice required, in either the 
 case of residents, non-residents or otherwise. All other persons shall 
 be deemed and taken as defendants, by the name or designation of 
 "All whom it may concern." 
 
 Sec. 275. Clerics docket, notice. — It shall be the duty of the clerk 
 of the court in which said petition is filed, to enter in a separate book 
 or books to be kept for that purpose, the name of the petitioner and 
 defendant, the date of filing said petition, and a description of all the 
 lands included therein, which record shall at all times be open to the 
 public. All lands in each separate administrative district shall be 
 entered on the same page, or consecutive pages, with an index to 
 said book or books, showing on what page any such separate adminis- 
 trative district may be found. Said clerk shall also, in all cases, 
 cause publication of notice to be made of the filing of said petition, 
 which notice shall be entitled " Land title notice " and shall be 
 substantially as follows : 
 
 A B, C D, etc. (here giving the names of all known defendants, if 
 any) and to all whom it may concern: 
 
 Take notice. — That on the day of A. D. 19__ a petition 
 
 was filed by the undersigned, in the Circuit Court of 
 
 Judicial Circuit, of the Canal Zone, to establish his title to the follow- 
 ing described land (here insert a full description of the land in said 
 
 petition). Now, unless you appear at the term of said 
 
 court (naming the first term, after thirty days from the first insertion 
 of said notice) and show cause against such application, said petition 
 shall be taken for confessed, and the title or interest of said petitioner 
 will be deemed and established according to the prayer of said peti- 
 tion, and you forever barred from disputing the same. 
 
 E F, Petitioner. 
 
 G P, Solicitor. 
 
 Said notice shall be published once a week for three weeks succes- 
 sively in a newspaper or newspapers of general circulation published 
 in the Canal Zone, or in the Cities of Colon or Panama, and the first 
 insertion shall be at least thirty days prior to said term of court. 
 
 Sec. 276. Demurrer, answer.— Any person interested may oppose 
 any such petition, and file his demurrer or answer thereto on or before 
 the third day of the term of court named in said publication notice, 
 unless the time be extended by order of court. Said answer shall 
 admit, confess or avoid or traverse all the material allegations of the 
 petition or ask for affirmative relief, and shall, except when made by 
 guardians ad litem, be verified by the affidavit either of the defendant 
 or his agent, in the same manner as above required for the petition. 
 Said answer shall have no other nor greater weight than the petition. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 61 
 
 Sec. 277. Further procedure. — If no demurrer or answer shall be 
 filed by the third day of said term, or by the day allowed by the order 
 of said court, as above provided, the petition may be taken for con- 
 fessed, and a decree entered according to the prayer of said petition, 
 upon proof of the facts stated in said petition ; but if any person 
 shall file an answer, as aforesaid, to such petition, the court may hear 
 evidence, or order a reference to a referee or commissioner to take 
 evidence and report, under the procedure of Chapter VII of this code. 
 If the petition includes more than one parcel of land and no de- 
 murrer or answer shall be filed as to some of said parcels, the court, 
 may enter a decree, pro-confesso, as to those parcels as to which no 
 demurrer or answer shall be filed, and hear evidence or order a refer- 
 ence's to the remaining parcels. 
 
 Sec 278. Decide of court, not to affect liens. — It shall be competent 
 for said courts, in all such decrees, whether pro-confesso or on the 
 report of any referee or special commissioner or othewise, to deter- 
 mine and decree in whom the title in any or all of the lands described 
 in said petition is vested, whether in the petitioner, or in any other of 
 the parties before the court ; but said decree shall not in anywise affect 
 any lien or liens to which said title may be subject, and which may be 
 by mortgage, deed of trust, judgment, statute, liens, or otherwise, but 
 shall leave all such liens to be ascertained or established in some other 
 proceeding, or to be enforced as the parties holding them may see fit. 
 
 Sec 279. Reopening decree, subsequent action. — Said decree of 
 said court, whenever entered, shall be forever binding and conclu- 
 sive: Provided, That any decree shall be subject to be opened, modi- 
 fied, or set aside on appeal or writ of error, sued out within two 
 years after the entry of such decree: And provided further, That 
 insane persons and minors shall have two years after their disa- 
 bilities are removed to prosecute a writ of error upon said decree: 
 Provided further, That any decree entered upon any petition or 
 answer, asking for affirmative relief which does not make defendant, 
 by name, all persons who shall be in possession of such land, or 
 any part thereof, at the time of the filing of such petition or which 
 does not make defendant, by name, all persons to whom any such 
 land shall have been conveyed, if said persons' names can be ascer- 
 tained, shall be absolutely void as to such person omitted, but 
 shall be final and conclusive as to all others: And provided furtliei-. 
 That any defendant who shall not be actually served with a sum- 
 mons in the suit in which such decree may be rendered, shall have 
 allowed to him one year after the entry of such decree within which, 
 upon petition to the court rendering the same, to have the said decree 
 vacated as to him. and if it shall appear upon the bearing of such 
 petition that, such decree ought not to have been made against such 
 defendant, the same may be vacated, set aside, altered or modified as 
 
 803a— 07— m 5* 
 
62 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE 
 
 shall appear just, otherwise the same shall be ordered to stand 
 affirmed against said defendant. Provided this Section shall not be 
 so construed as to prevent the complainant from beginning a subse- 
 quent action against any person whomsoever in possession of such 
 land and whose presence on said land was unknown, or could not have 
 been, by reasonable diligence, discovered at the time the action was 
 begun. 
 
 Sec. 280. Representatives. — Executors, administrators, conserva- 
 tors, guardians and trustees shall be entitled to proceed, under this 
 act, in behalf of the interest and right they represent. 
 
 Chapter XI. 
 
 ne exeat. 
 
 Sec. 281. *\Yhen frit may issue. — Writs of ne exeat republica may 
 hereafter be granted by the circuit court, as Avell in cases where the 
 debt or demand is not actually due, but exists fairly and bona fide 
 in expectancy at the time of making the application, as in cases where 
 the demand is due; and it shall not be necessary, to authorize the 
 granting of such writ of ne exeat, that the applicant should show 
 that his debt or demand is purely of an equitable character. 
 
 Sec. 282. In favor of co-obligors or co-debtors. — In case of joint, or 
 joint and several obligors or debtors, if one or more of them be about 
 to remove without the Canal Zone, taking their property with them, 
 leaving one or more co-obligors or co-debtors bound with them for 
 the payment of any sum of money, or for the delivery of any article 
 of property, or for the conveyance of land at a certain time, which 
 time shall not have arrived at the time of such intended removal, such 
 co-obligor or co-debtor who remains shall be entitled, upon applica- 
 tion, to a writ of ne exeat, to compel the co-obligor or co-debtor who 
 is about to remove to secure the payment of his part of the sum to be 
 paid, or the delivery of the property, or to convey, or to join in the 
 conveyance of the land. The writ of ne exeat may also issue in cases 
 of security, on application of a surety, against the principal or co- 
 surety, when the obligation or debt shall not yet be due, and the 
 principal or co-surety is about to remove out of the Canal Zone. 
 
 Sec. 283. Procedure when (/ranted by judge. — When a writ of ne 
 exeat is granted by a judge, he shall direct the clerk of the court 
 to which the writ is to be returnable to issue the same. 
 
 Sec. 284. Returnable where. — All writs of ne exeat shall be return- 
 able into the court out of which they issue. 
 
 Sec. 285. When judge absent. — When no judge authorized to issue 
 writs of ne exeat is present in the circuit, or being present, is unable 
 or incapacitated to act. any other Circuit judge may order the 
 issuing of such writs. 
 
CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 63 
 
 Sec. 286. Bill or petition necessary — affidavit — bond, suit on. — 
 No writ of ne exeat shall be granted but on petition filed, and affidavit 
 to the truth of the allegations therein contained. Upon the granting 
 of any such writ, the judge shall indorse or cause to be indorsed upon 
 the petition, in what penalty bond and security shall be required of 
 defendant. Said judge shall also take* or cause to be taken of the 
 complainant, before the writ shall issue, bond with good and sufficient 
 surety, in such sum as the judge shall deem proper, conditioned that 
 the said complainant will prosecute his petition with effect, and that 
 he will reimburse to the defendant such damages and costs as he shall 
 wrongfully sustain by occasion of the said writ. If any defendant 
 to such writ of ne exeat shall think himself aggrieved, he may bring 
 suit on such bond, and if, on trial, it shall appear that such writ of 
 ne exeat was prayed for without a just cause, the person injured shall 
 recover damages, to be assessed as in other cases on penal bonds. 
 
 Sec. 287. Form of writ — bond by defendant — temporary departure 
 no breach. — The writ of ne exeat shall contain a summons for the 
 defendant to appear in the proper court, and answer the petition, and 
 upon the writ being served upon the said defendant, he shall give 
 bond, with surety in the sum endorsed on such writ, conditioned that 
 he will not depart the Canal Zone without leave of the said court, 
 and that he will render himself in execution to answer any judgment 
 or decree which the said court may render against him ; and in default 
 of giving such security, he may be committed to jail, as in other cases, 
 for the want of bail. No temporary departure from the Canal Zone 
 shall be considered as a breach of the condition of the said bond, if he 
 shall return before personal appearance shall be necessary to answer 
 or perform any judgment, order or decree of said court. 
 
 Sec. 288. Surrender of defendant by surety. — The surety in any 
 bond for the defendant, as aforesaid, may, at any time before the 
 said bond shall be forfeited, surrender the said defendant, in exoner- 
 ation of himself, in the same manner that bail may surrender their 
 principal, and obtain the same discharge. 
 
 Sec. 289. Proceedings on return of writ. — On the return of the writ 
 of ne exeat, if the same shall have been duly served, the court shall 
 proceed therein as in other cases, if the time of performance of the 
 duty or obligation of the defendant has expired; if not, then the 
 proceeding shall be stayed until it has expired. 
 
 Sec. 290. Quashing or setting aside writ. — Nothing contained in 
 the preceding section shall prevent the court from proceeding at any 
 time to determine whether the writ ought not to be quashed or set 
 aside. The writ may be set aside at the end of six months upon the 
 defendant's turning into court such money or property as he pos- 
 sesses, excluding necessary wearing apparel, and filing an affidavit 
 that he is possessed of no further property. 
 
64 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Chapter XII. 
 
 RULES OF EVIDENCE AFFIDAVITS AMD DEPOSITIONS PERPETUATION OF 
 
 TESTIMONY. 
 
 Rules of evidence. 
 
 Sec. 291. Preponderance of evidence, how to determine. — In deter- 
 mining where the preponderance or superior weight of evidence on 
 the issues involved lies, the witnesses, their manner of testifying, their 
 intelligence, their means and opportunity of knowing the facts to 
 which they are testifying, the nature of the facts to which they tes- 
 tify, the probability or improbability of their testimony, their interest 
 or want of interest, and also their personal credibility, so far as the 
 same may legitimately appear upon the trial, must be considered. 
 The court may also consider the number of witnesses, though the 
 preponderance is not necessarily with the greatest number. 
 
 Sec. 292. The same rules in all cases in all courts of the Zone. — The 
 rules of evidence shall be the same in all courts of the Canal Zone and 
 upon every trial, unless otherwise expressly provided. 
 
 Sec. 293. Matter judicially recognized. — The existence and terri- 
 torial extent of the Canal Zone, its forms of government, and symbols 
 of nationality, the law of nations, the admiralty and maritime courts 
 of the world and their seals, the political constitution and history of 
 the United States and of the Canal Zone, the seals of the several 
 departments of the United States, and the states of the Union, and of 
 the Canal Zone and Republic of Panama, public and private, and offi- 
 cial acts of the legislative, executive, and judicial departments of the 
 United States and of the Canal Zone, the laws of nature, and the 
 measure of time, the geographical divisions and political history of 
 the world, and all similar matters of public knowledge shall be judi- 
 cially recognized by the court without the introduction of proofs; but 
 the court may receive evidence upon any of these subjects, when it 
 shall find it necessary for its own information, and may resort for its 
 aid to appropriate books,' documents, or evidence. 
 
 Sec. 294. Personal knowledge and hearsay evidence. — A witness 
 can testify to those facts only which he knows of his own knowledge ; 
 that is, which are derived from his own perception, except in those 
 few express cases in which his opinions or inferences from the decla- 
 rations of others, as hereinafter stated, are admissible. 
 
 Sec. 295. Rights of party not prejudiced, by act, declaration, or 
 omission of another. — The rights of a party can not be prejudiced by 
 the declaration, act, or omission of another, except by virtue of a 
 particular relation between them, as hereinafter stated; therefore 
 proceedings against one can not affect another. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 65 
 
 Sec. 296. Exception where one derives title to real property from 
 another. — Where, however, one derives title to real property from 
 another, the declaration, act, or omission of the latter, while holding 
 the title, in relation to the property, is evidence against the former. 
 
 Sec 297. Exception where declaration, act, or omission forms part 
 of the transaction. — Where, also, the declaration, act, or omission 
 forms part of a transaction, which is itself a fact in dispute, or evi- 
 dence of that fact, such declaration, act, or omission, is evidence as 
 part of the transaction. Such evidence may be termed admissible 
 as constituting a part of the res gestae. 
 
 Sec 298. Where dispute relates to obligation or duty of third per- 
 son, prima facie evidence. — Where the question in dispute between the 
 parties is the obligation or duty of the third person whatever would 
 be the evidence for or against such person is prima facie evidence 
 between the parties; prima facie evidence being that which suffices 
 for the proof of a particular fact, until contradicted and overcome 
 by other evidence. 
 
 Sec 299. Hearsay evidence of questions of pedigree. — The declara- 
 tion, act, or omission of a member of a family who is not living, or 
 is outside the jurisdiction of the Canal Zone, is admissible as evidence 
 of pedigree of relationship, or family genealogy in cases where pedi- 
 gree, relationship, or family genealogy are questions at issue. 
 
 Sec 300. Declaration, act, or omission of deceased person against 
 his interest. — The declaration, act, or omission of a deceased person, 
 having sufficient knowledge of the subject, against his pecuniary 
 interest, is admissible as evidence to that extent against his successor 
 in interest. 
 
 Sec 301. When part of acts, declaration, or writing given in 
 evidence, the remainder available to opposite party. — When part of 
 an act, declaration, conversation, or writing is given in evidence by 
 one party, the whole of the same subject may be inquired into by 
 the other, and when a detached act, declaration, conversation, or 
 writing is given in evidence, any other act, declaration, conversation 
 or writing which is necessary to make it understood, may also be 
 given in evidence. 
 
 Sec 302. Original writing must ordinarily be produced. — There 
 can be no evidence of the contents of a writing, other than the writ- 
 ing itself, except in the following cases: 
 
 1. When the original has been lost or destroyed, in which case 
 proof of the loss or destruction must first be made ; 
 
 2. When the original is in possession of the party against whom 
 the evidence is offered, who fails to produce it after reasonable notice; 
 
 3. When the original is a record or other document in the custody 
 of a public officer; 
 
66 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 4. When the original has been recorded and a certified copy of the 
 record is made evidence by law ; 
 
 5. When the original consists of numerous accounts or other docu- 
 ments, which cannot be examined in court without great loss of time 
 and the fact sought to be established from them is only the general 
 result of the whole. 
 
 6. The books of account and documents of merchants, corpora- 
 tions, and business men kept in the regular course of business and 
 shown to be genuine and the entries therein to have been made in 
 the ordinary course of business before the possibility of litigation 
 arising out of the items to which they relate, shall be prima facie 
 evidence of what they purport to state, and it shall not be necessary 
 under these circumstances to produce the parties making the original 
 entries. 
 
 Sec. 303. Written agreement presumed to contain all the terms of 
 the agreement. — When the terms of an agreement have been reduced 
 to writing by the parties, it is to be considered as containing all 
 those terms, and therefore there can be, between the parties and their 
 representatives or successors in interest, no evidence of the terms of 
 the agreement other than the contents of the writing, except in the 
 following cases: 
 
 1. Where a mistake or imperfection of the writing, or its failure 
 to express the true intent and agreement of the parties, is put in 
 issue by the pleadings; 
 
 2. Where the validity of the agreement is the fact in dispute. But 
 this section does not exclude evidence of the circumstances under 
 which the agreement was made with the view of better ascertaining 
 its meaning, to which it relates, or evidence to establish its illegality 
 or fraud. 
 
 The term " agreement " includes deeds and instruments conveying 
 real estate, and wills as well as contracts between parties. 
 
 Sec. 304. Writing to be interpreted according to legal meaning. — 
 The language of a writing is to be interpreted according to the 
 legal meaning it bears in the place of its execution, unless the parties 
 have reference to a different place. 
 
 Sec. 305. Construction of a statute or instrument containing sev- 
 eral provisions. — In the construction of a statute the intention of the 
 legislature, and in the construction of an instrument, the intention 
 of the parties, is to be pursued; and when a general and particular 
 provision are inconsistent, the latter is paramount to the former. 
 So a- particular intent will control a general one that is inconsistent 
 with it. 
 
 Sec. 306. For construction of an instrument circumstances may be 
 shown. — For the proper construction of an instrument, the circum- 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 67 
 
 stances under which it is made, including the situation of the subject 
 of the instrument and the parties to it, may also be shown, so that the 
 judge may be placed in the position of those whose language he is to 
 interpret. 
 
 Sec. 307. Terms of a writing 'presumed to be in their ordinary 
 sense. — The terms of a writing are presumed to have been used in 
 the primary and general acceptation, but evidence is nevertheless 
 admissible that they have a local, technical, or otherwise peculiar 
 signification, and were so used and understood in the particular 
 instance, in which case the agreement must be construed accordingly. 
 
 Sec. 308. Instruments partly written and partly printed. — When 
 an instrument consists partly of written words and partly of a 
 printed form and the two are inconsistent, the former controls the 
 latter. 
 
 Sec 309. Experts and interpreters to be used in explaining certain 
 writings.— When the characters in which an instrument is written 
 are difficult to be deciphered or the language is not understood by the 
 court, the evidence of a person skilled in deciphering the characters, 
 or who understands the language, is admissible to declare the charac- 
 ters or meaning of the language. 
 
 Sec. 310. Where intention of different parties to instruments not 
 the same. — When the terms of an agreement have been intended in a 
 different sense by the different parties to it, that sense is to prevail 
 against either party in which he supposed the other understood it, 
 and when different constructions of a provision are otherwise equally 
 proper, that is to be taken which is the most favorable to the party 
 in whose favor the provision was made. 
 
 Sec. 311. Construction in favor of natural right. — When a statute 
 or instrument is equally susceptible of two interpretations, one in 
 favor of natural right and the other against it, the former is to be 
 adopted. 
 
 Sec. 312. Material allegations only need be proved. — No allegation 
 contained in the complaint or answer immaterial to the issues need 
 be proved. 
 
 Sec. 313. Evidence must be relevant. — Evidence must correspond 
 with the substance of the material allegations and be relevant to the 
 questions in dispute. Collateral questions must therefore be avoided. 
 It is, however, within the discretion of the court to permit the inquiry 
 into a collateral fact when such fact is directly connected with the 
 question in dispute and is essential to its proper determination, or 
 when it affects the credibility of a witness. 
 
 Sec. 314. Party must prove his affirmative allegation. — Each party 
 must prove his own affirmative allegation. Evidence need not be 
 given in support of a negative allegation except when such negative 
 allegation is an essential part of the statement of the right or title 
 
68 CODE OF CIVIL PEOCEDUEE OF THE CANAL ZONE. 
 
 on which the cause of action or defense is founded, nor even in such 
 case when the allegation is a denial of the existence of a document 
 the custody of which belongs to the opposite party. 
 
 Sec. 315. To what facts evidence may he given. — In conformity 
 with the preceding provision evidence may be given upon a trial of 
 the following facts: 
 
 1. The precise fact in dispute; 
 
 2. The act, declaration, or omission of a party as evidence against 
 such party; 
 
 3. An act or declaration of another in the presence and within the 
 observation of a party, and his conduct in relation thereto, where 
 the act or declaration is such as naturally to call for action or com- 
 ment by such party; 
 
 4. The act or declaration, verbal or written, of a deceased person, or 
 a person not in the Canal Zone, in respect to the relationship, birth, 
 marriage, or death of any person related by blood or marriage to 
 such deceased person or persons; the act or declaration of a deceased 
 person done or made against his interests in respect to his real 
 property ; 
 
 5. After proof of a partnership or agency, the act or declaration 
 of a partner or agent of the party within the scope of the partnership 
 or agency during its existence. The same rule applies to the act or 
 declaration of a joint owner, or joint debtor, or other person jointly 
 interested with the party; 
 
 6. After proof of a conspiracy, the act or declaration of a con- 
 spirator relating to the conspiracy; 
 
 7. The act, declaration, or omission forming part of a transaction ; 
 
 8. The testimony of a witness deceased or out of the jurisdiction, 
 or unable to testify, given in a former action between the same par- 
 ties, relating to the matter; 
 
 9. The opinion of a witness respecting the identity or handwriting 
 of a person, when he has knowledge of the person or handwriting; 
 his opinion on a question of science, art, or trade, when he is skilled 
 therein ; 
 
 10. The opinion of a subscribing witness to a writing, the validity 
 of which is in dispute, respecting the mental sanity of the signer; 
 and the opinion of an intimate acquaintance respecting the sanity of 
 a person, the reason for the opinion being given ; 
 
 11. Common reputation existing previous to the controversy, re- 
 specting facts of a public or general interest more than thirty years 
 old, and in cases of pedigree and boundary; 
 
 12. Usage, to explain the true character of an act, contract, or in- 
 strument, where such true character is not otherwise plain; but 
 usage is never admissible except as an instrument of interpretation ; 
 
 13. Monument and inscription in public places, as evidence of 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 69 
 
 common reputation; and entries in family bibles or other family 
 books or charts; engravings on rings, family portraits and the like, 
 as evidence of pedigree; 
 
 14. The contents of a writing, when oral evidence thereof is ad- 
 missible ; 
 
 15. Any other facts from which the facts in issue are presumed or 
 are logically inferable; 
 
 16. Such facts as serve to show the credibility of a witness by affect- 
 ing his reputation for truth, and by showing his motives, and by evi- 
 dence of contradictory statements made by him as to the subject- 
 matter of his evidence. 
 
 Sec. 316. Public writings. — The written acts or record of the acts 
 of the sovereign authority, of official bodies and tribunals and of pub- 
 lic officers, legislative, judicial, and executive of the Canal Zone, or of 
 the United States, or of any State of the United States or of a for- 
 eign country, and public records kept in the Canal Zone of private 
 writings are public writings. A copy of a public writing, duly certi- 
 fied to be a true copy thereof, is admissible evidence in like cases and 
 with like effect as the original writing. 
 
 Sec. 317. Printed laws of the State or country. — Books printed or 
 published under the authority of the United States, or one of the 
 States of the United States, or a foreign country, and purporting to 
 contain statutes, codes, or other written law of such State or country 
 or proved to be commonly admitted in the tribunals of such State or 
 country as evidence of the written law thereof, are admissible in the 
 Canal Zone as evidence of such law. 
 
 Sec 318. Attested copy of foreign law. — A copy of the written law 
 or other public writing of any state or country attested by the cer- 
 tificate of the officer having charge of the original, under the seal of 
 the state or country, is admissible as evidence of such law or writing. 
 
 Sec 319. Oral proof of United States or foreign unwritten law. — 
 The oral testimony of witnesses, skilled therein, is admissible as evi- 
 dence of the unwritten law of the United States or of any State of the 
 United States, or foreign country, as are also printed and published 
 books of reports of decisions of the courts of the United States or of 
 such State or country, or proved to be commonly admitted in such 
 courts. 
 
 Sec 320. Proof of domestic judicial records. — A judicial record of 
 the proceedings in a court of justice, or of official acts of a judicial 
 officer in an action or special proceeding within the United States or 
 any State or Territory thereof, or within the Canal Zone, may be 
 proved by the production of the original or by a copy thereof, certi- 
 fied by the clerk or other person having the legal custody thereof, 
 with the seal of the court annexed, together with a certificate of the 
 
70 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 chief judge or presiding magistrate that the attestation is in due 
 form. 
 
 Sec. 321. Proof of foreign judicial records. — A judicial record of a 
 foreign country may be proved by the attestation of the clerk, with 
 the seal of the court annexed, if there be a clerk and seal, or of the 
 legal keeper of the record, with the seal of his office annexed, if there 
 be a seal, together with a certificate of the chief judge or presiding 
 magistrate that the person making the attestation is the clerk of the 
 court, or legal keeper of the record, and, in either case, that the signa- 
 ture of such person is genuine and that the attestation is in due form. 
 The signature of the chief judge or presiding magistrate must be 
 authenticated by the certificate of a minister or ambassador, or a 
 consul, vice-consul, or consular agent of the United States in such 
 foreign country. 
 
 Sec 322. Proof of foreign judicial record by examined copy. — A 
 copy of the judicial record of a foreign country is also admissible in 
 evidence, upon proof : 
 
 1. That the copy has been compared by the witness with the origi- 
 nal, and is an exact transcription of the whole ; 
 
 2. That such original was in the custody of the clerk of the court, 
 or other legal keeper of the same ; 
 
 3. That the copy is duly attested with the seal, if there prove to be 
 a seal of the court where the record remains, if it be the record of the 
 court ; or if there be no such seal, or if it be not the record of the 
 court, by the signature of the legal keeper of the original. 
 
 Sec 323. Effect of judgment. — The effect of a judgment or final 
 order in an action or special proceeding before a court or judge of the 
 Canal Zone or of the United States, or of any State or Territory of 
 the United States, having jurisdiction to pronounce the judgment or 
 order, shall be as follows : 
 
 1. In case of a judgment or order against a specific thing, or in re- 
 spect to the probate of a will, or the administration of the estate of a 
 deceased person, or in respect to the personal, political, or legal condi- 
 tion or relation of a particular person, the judgment or order is con- 
 clusive upon the title of the thing, the will or administration, or the 
 condition or relation of the person: Provided, That the probate of a 
 will or granting of letters of administration shall only be prima facie 
 evidence of the death of the testator or intestate ; 
 
 2. In other cases the judgment so ordered is, in respect to the 
 matter directly adjudged, conclusive between the parties and their 
 successors in interest by title subsequent to commencement of the 
 action or special proceeding, litigating for the same thing and under 
 the same title and in the same capacity. 
 
 Sec 324. What is deemed to have been adjudged in a former judg- 
 ment. — That only is deemed to have been adjudged in a former judg- 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 71 
 
 ment which appears upon its face to have been so adjudged, or which 
 was actually and necessarily included therein or necessary thereto. 
 
 Sec. 325. When principal bound by judgment against surety. — 
 When the party is bound by a record, and such party stands in the 
 relation of surety for another, the latter is also bound from the time 
 that he has notice of the action or proceeding, and an opportunity at 
 the surety's request to join in the defense. 
 
 Sec 326. Effect of judicial record of a court in the United States. — 
 The effect of a judicial record of a court of the United States or of a 
 court of one of the States or Territories of the United States, is the 
 same in the Canal Zone as in the United States, or in the State or 
 Territory where it is made, except that it can only be enforced here 
 by an action or special proceeding, and except, also, that the author- 
 ity of a guardian, or executor or administrator does not extend beyond 
 the jurisdiction of the Government under which he was invested with 
 his authority. 
 
 Sec 327. Effect of judicial record of a court of admiralty for a 
 foreign country. — The effect of a judicial record of a court of ad- 
 miralty of a foreign country is the same as if it were the record of a 
 court of admiralty of the Canal Zone. 
 
 Sec 328. Effect of other foreign judgment. — The effect of a judg- 
 ment of any other tribunal of a foreign country, having jurisdiction 
 to pronounce the judgment, is as follows: 
 
 1. In case of a judgment against a specific thing, the judgment is 
 conclusive upon the title to the thing; 
 
 2. In case of a judgment against a person, the judgment is pre- 
 sumptive evidence of a right as between the parties and their suc- 
 cessors in interest by a subsequent title; but the judgment may be 
 repelled by evidence of a want of jurisdiction, want of notice to the 
 party, collusion, fraud, or clear mistake of law or fact. 
 
 Sec 329. How judicial record may be impeached.— Any judicial 
 record may be impeached by evidence of a want of jurisdiction in 
 the court or judicial officer, of collusion between the parties, or of 
 fraud in the party offering the record, in respect to the proceedings. 
 
 Sec 330. Proof of other official documents. — Official documents 
 may be proved, as follows : 
 
 1. Acts of the Chief Executive of the Canal Zone, by the record of 
 his office, certified by his secretary under the seal thereof, if there be 
 one ; acts of the Executive of the United States, by the records of the 
 Departments of the United States Government, wherein are con- 
 tained the records of such acts, certified by the heads of such depart- 
 ments. They may also be proved by public documents printed by 
 order of the Chief Executive of the Canal Zone, or the President of 
 the United States, or by order of Congress, or either House thereof, 
 or by the order of the Isthmian Canal Commission, or by the order of 
 
72 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 any legislative assembly which ma} 7 be provided for the Canal Zone. 
 Acts of the Executive of the territory now known as the Republic of 
 Panama under Colombian or Panamanian administration may be 
 proved by the records thereof in the custody of the United States 
 officials, or officials of the said Governments, certified by the legal 
 keeper of the records. They may also be proved by public documents 
 printed by the order of the Chief Executive of the said Canal Zone. 
 Acts of the Chief Executive of the Republic of Panama may be 
 proved by the records of any department of that Executive, certified 
 by the head of the department in which the record is; 
 
 2. The proceedings of the United States Isthmian Canal Commis- 
 sion, or of an}' legislative body that may be provided for the Canal 
 Zone, or of Congress, by the journals of those bodies, or of either 
 House thereof, or by published statutes or resolutions, or by copies 
 certified by the clerk or secretary, or printed by their order. The 
 proceedings of the legislative branch of the Government of Colombia 
 or Panama prior to the twenty-third day of February, nineteen hun- 
 dred and four, may be proved by public documents, or statutes or 
 resolutions, printed by the order of the executive or legislative de- 
 partments of the said Governments, or commonly received in those 
 countries as such, or by copy certified under the seal of either the 
 executive or the legislative branch of said Governments, or by a recog- 
 nition thereof in some public act of the Executive of the United 
 States ; 
 
 3. The acts of the executive or the proceedings of the legislature of 
 any State or Territory of the United States, in the same manner as 
 provided in paragraphs one and two; 
 
 4. The acts of the executive or the proceedings of the legislature 
 of a foreign country, by journals published by their authority, or com- 
 monly received in that country as such, or by a copy certified under 
 the seal of the country or sovereign, or by recognition thereof in 
 some public act of the Executive of the United States ; 
 
 5. The acts of a municipal corporation of the Canal Zone, or of a 
 board or department thereof, by a copy certified by the legal keeper 
 thereof, or by a printed book published by the authority of such 
 corporation ; 
 
 6. Official documents of any other class in the Canal Zone, by the 
 original, or by copy certified by the legal keeper thereof; 
 
 7. Official documents of any other class in the United States, or in 
 any State or Territory thereof- by the original, or by a copy, certified 
 by the legal keeper thereof, together with the certificate of the secre- 
 tary of state, judge of the supreme, superior, or county court, or a 
 mayor of a city of the United States, or of such State or Territory, 
 that the copy is duly certified by the officer having the legal custody of 
 the original ; 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 73 
 
 8. Official documents of any other class of a foreign country, by 
 the original, or by a copy certified by the legal keeper thereof, with 
 a certificate, under the seal of the country or sovereign, that the 
 document is a valid and subsisting document of such country, and that 
 the copy is duly certified by the officer having the legal custody of the 
 original ; 
 
 9. Official documents in departments of the United States Gov- 
 ernment, by the certificate of the legal custodian thereof. 
 
 Sec 331. Proof of 'public record of private writing. — An author- 
 ized public record of a private writing may be proved by the original 
 record, or by a copy thereof, certified by the legal keeper of the record. 
 
 Sec. 332. Entries in official book. — Entries in public or other 
 official books or records, made in the performance of his duty 
 by a public officer of the Canal Zone; or by another person in the 
 Zone in the performance of a duty specially enjoined by law, are 
 prima facie evidence of the facts therein stated. 
 
 Sec 333. Proof of judgment of justice of the peace. — A transcript 
 from the record or docket of a justice of the peace within the United 
 States, or any State or Territory thereof, or of a district judge within 
 the Canal Zone, of a judgment rendered by him of the proceedings in 
 the action before the judgment, of the execution and return, if any, 
 subscribed by the justice or judge and verified in the manner pre- 
 scribed in the next section, is admissible evidence of the facts stated 
 therein. 
 
 Sec 334. Certificate attached to transcript of justice's record.— 
 There must be attached to the transcript a certificate of the justice or 
 district judge that the transcript is in all respects correct, and that 
 he had jurisdiction of the action, and also a further certificate of the 
 clerk of the county, if within the United States, or a State or Terri- 
 tory thereof, under the seal of the county, certifying that the person 
 subscribing the transcript was at the date of the judgment a justice 
 of the peace in the said county, and that the signature is genuine. 
 Such judgment, proceedings, and jurisdiction may also be proved by 
 the justice or judge himself, on the production of his docket, or by 
 a copy of the judgment and his oral examination as a witness. 
 
 Sec 335. What certificate of copy of writing must state. — When- 
 ever a copy of a writing is certified for the purpose of evidence, the 
 certificate must state, in substance, that the copy is a correct copy 
 of the original, or a specific part thereof, as the case may be. The cer- 
 tificate must be under the official seal of the certifying officer, if there 
 be any, or if he be the clerk of a court having a seal, under the 
 seal of such court. 
 
 Sec 33G. Historical works, books of science, and maps.— Histor- 
 ical works, books of science, or art, published maps or charts, when 
 
74 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 made by persons indifferent between the parties, are prima facie 
 evidence of facts of general notoriety and interest. 
 
 Sec. 337. Secondary evidence of the contents of a lost writing. — ■ 
 An original writing must be produced and proved except as other- 
 wise provided. If it has been lost, proof of the loss must first be 
 made before evidence can be given of its contents. Upon such proof 
 being made, together with proof of the due execution of the writing, 
 its contents may be proved by a copy or by a recital of its contents 
 in some authentic document, or by the recollection of a witness. 
 
 Sec. 338. Secondary evidence of writing in custody of adverse 
 party. — If the writing be in the custody of the adverse party, he 
 must have reasonable notice to produce it. If he then fail to do so, 
 the contents of the writing may be proved as in the case of its loss. 
 But the notice to produce it is not necessary where the writing is itself 
 a notice, or where it has been wrongfully obtained or withheld by 
 the adverse party. 
 
 Sec. 339. Party calling for writing not hound to offer it as evi- 
 dence. — Though a writing called for by one party is produced by the 
 other, and is thereupon inspected by the party calling for it, he is 
 not obliged to produce it as evidence in the case. 
 
 Sec. 340. Proof of writing. — Any writing may be proved, either; 
 
 1. By anyone who saw the writing executed; or 
 
 2. By evidence of the genuineness of the handwriting of the 
 maker; or 
 
 3. By a subscribing witness. 
 
 Sec. 341. Denial of execution by subscribing witness. — If the sub- 
 scribing witness denies, or does not recollect the execution of the 
 writing, its execution may still be proved by other evidence. 
 
 Sec. 342. When other evidence of the execution of writing need 
 not be produced. — Where a writing is more than thirty years old, 
 and evidence is given that the party against whom the writing is 
 offered has at any time admitted its execution, or where the writing 
 is one produced from the custody of the adverse party, and has been 
 acted upon by him as genuine, no other evidence of the execution need 
 be given. 
 
 Sec. 343. Proof of handxvriting . — The handwriting of a person 
 may be proved by anyone who believes it to be his, and has seen him 
 write, or has seen writing purporting to be his, upon which he has 
 acted, or been charged, and he has thus acquired knowledge of his 
 handwriting. Evidence respecting the handwriting may also be 
 given by comparison, made by the court, with writings admitted ov 
 treated as genuine by the party against whom the evidence is offered, 
 or proved to be genuine to the satisfaction of the judge. Where the 
 writing is more than thirty years old, the comparisons may be made 
 with writings purporting to be genuine and generally respected and 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 75 
 
 acted upon as such by persons having an interest and knowing the 
 fact. 
 
 Sec. 344. Writings of a deceased person. — The entries and other 
 writings of a deceased person, made at or near the time of the trans- 
 action, and in a position to know the facts stated therein, may be 
 read as a prima facie evidence of the facts therein stated, in the 
 following cases : 
 
 1. When the entry was made against the interests of the person 
 making it; 
 
 2. When it was made in a professional capacity, and in the ordinary 
 course of professional conduct; 
 
 3. When it was made in the performance of a duty specially en- 
 joined by law, or in the course of the ordinary and regular duties 
 of the person making the entry. 
 
 Sec. 345. What are original entries. — When an entry is repeated 
 in the regular course of business, one being copied from another 
 at or near the time of the transaction, all the entries are equally 
 regarded as originals. 
 
 Sec. 346. Original records not to be removed from office. — The 
 record of a conveyance of real property, or any other record, tran- 
 script of which is admissible in evidence, must not be removed from 
 the office at which it is kept, except upon order of a court, in cases 
 where the inspection of the record is shown to be essential to the 
 just determination of the cause or action or proceeding pending, or 
 where the court is held in the same building with such office. 
 
 Sec. 347. Proof of real-estate titles. — Every instrument conveying 
 or affecting real property situated in the Canal Zone acknowledged 
 or proved and certified as provided by law, may, together with the 
 certificate of the acknowledgment or proof, be read in evidence in an 
 action or proceeding without further proof; also the original record 
 of such conveyance or instrument thus acknowledged or proved, or a 
 certified copy of the record of such conveyance or instrument thus 
 acknowledged or proved, may be read in evidence with the like effect 
 as the original instrument, without further proof. 
 
 Sec. 348. View of an object by the court. — Whenever an object has 
 such a relation to the fact in dispute as to afford reasonable grounds 
 of belief respecting it. such object may be exhibited to the court, or 
 its existence, situation, or character proved by witnesses, as the court 
 in its discretion may determine. 
 
 Sec. 349. Conclusive presumption. — The following presumptions 
 or deductions, which the law expressly directs to be made from par- 
 ticular facts, are deemed conclusive: 
 
 1. Whenever a party has, by his own declaration, act, or omission, 
 intentionally and deliberately led another to believe a particular 
 thing true, and to act upon such belief, he can not, in any litigation 
 
76 CODE OF OIVIL PROCEDURE OF THE CANAL. ZONE. 
 
 arising out of such declaration, act, or omission, be permitted to 
 falsify it; 
 
 2. The tenant is not permitted to deny the title of his landlord 
 at the time of the commencement of the relation of landlord and 
 tenant between them; 
 
 3. The issue of a wife cohabiting with her husband, who is not 
 impotent, is indisputably presumed to be legitimate, if not born 
 within the one hundred and eighty days immediately succeeding the 
 marriage, or after the expiration of three hundred days following 
 its dissolution; 
 
 4. The judgment or order of a court, when declared by the court to 
 be conclusive. 
 
 Sec. 350. Disputable presumptions. — The following presumptions 
 are satisfactory, if uncontradicted, but they are disputable, and may 
 be contradicted by other evidence : 
 
 1. That a person is innocent of crime or wrong; 
 
 2. That an unlawful act was done with an unlawful intent; 
 
 3. That a person intends the ordinary consequence of his voluntary 
 act ; 
 
 4. That a person takes ordinary care of his own concerns; 
 
 5. That evidence willfully suppressed would be adverse if pro- 
 duced ; 
 
 6. That money paid by one to another was due to the latter; 
 
 7. That a thing delivered by one to another belonged to the latter ; 
 
 8. That an obligation delivered up to the debtor has been paid ; 
 
 9. That former rent or installments had been paid when a receipt 
 for the later ones is produced ; 
 
 10. That things which a person possesses are owned by him ; 
 
 11. That a person is the owner of property from exercising acts 
 of ownership over it, or from common reputation of his ownership; 
 
 12. That a person in possession of an order on himself for pay- 
 ment of money, or the delivery of anything, has paid the money or 
 delivered the thing accordingly ; 
 
 13. That a person acting in a public office was regularly appointed 
 or elected to it; 
 
 14. That official duty has been regularly performed; 
 
 15. That a court, or judge acting as such, whether in the Canal 
 Zone or elsewhere, was acting in the lawful exercise of his juris- 
 diction ; 
 
 16. That all the matters within an issue in an action were laid 
 before the court and passed upon by it; and in like manner that 
 all matters within a submission to arbitration were laid before the 
 arbitrators and passed upon by them; 
 
 17. That private transactions have been fair and regular; 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 77 
 
 18. That the ordinary course of business has been followed; 
 
 19. That a promissory note or bill of exchange was given or 
 indorsed for a sufficient consideration; 
 
 20. That an indorsement of a negotiable promissory note or bill 
 of exchange was made after the time and at the place of making the 
 note or bill; 
 
 21. That a writing is duly dated; 
 
 22. That a letter duly directed and mailed was received in the 
 regular course of the mail; 
 
 23. Identity of person from identity of name; 
 
 24. That a person not heard from in seven years is dead; 
 
 25. That acquiescence resulted from a belief that the thing 
 acquiesced in was conformable to the law or fact; 
 
 2G. That things have happened according to the ordinary course of 
 nature and the ordinary habits of life; 
 
 27. That persons acting as copartners have entered into a contract 
 of copartnership; 
 
 28. That a man and woman deporting themselves as husband and 
 wife have entered into a lawful contract of marriage ; 
 
 29. That a child born in lawful wedlock, there being no divorce, 
 absolute or from bed and board, is legitimate ; 
 
 30. That a thing once proved to exist continues as long as is usual 
 with things of that nature ; 
 
 31. That the law has been obeyed ; 
 
 32. That a document or writing more than thirty years old is 
 genuine, when the same has since been generally acted upon as 
 genuine by persons having an interest in the question, and its custody 
 lias been satisfactorily explained; 
 
 33. That a printed or published book, purporting to be printed or 
 published by public authority was so printed or published ; 
 
 34. That a printed or published book, purporting to contain reports 
 of cases adjudged in tribunals in the State or country where the book 
 is published, contains correct reports of such cases; 
 
 35. That a trustee or other person whose duty it was to convey real 
 property to a particular person has actually conveyed to him when 
 such presumption is necessary to perfect the title of such person or his 
 successor in interest ; 
 
 36. That there was a good and sufficient consideration for a written 
 contract ; 
 
 37. When two persons perish in the same calamity, such as wreck, 
 battle, or conflagration, and it is not shown who died first, and there 
 are no particular circumstances from which it can be inferred, the 
 survivorship is presumed from the probabilities resulting from the 
 strength and age of the sexes, according to the following rules: 
 
 803a— 07— m 6* 
 
78 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 First. If both those who have perished were under the age of 
 fifteen years, the older is presumed to have survived ; 
 
 Second. If both were above the age of sixty, the younger is pre- 
 sumed to have survived; 
 
 Third. If one be under fifteen and the other above sixty, the former 
 is presumed to have survived ; 
 
 Fourth. If both be over fifteen and under sixty, and the sexes be 
 different, the male is presumed to have survived. If the sexes be the 
 same, then the older; 
 
 Fifth. If one be under fifteen or over sixty, and the other between 
 those ages, the latter is presumed to have survived. 
 
 38. That a writing written merely as a receipt or acknowledgment 
 is true, but the same, if produced in evidence, may be shown to have 
 been given by mistake, or procured by fraud, or explained as to its 
 legal effect. 
 
 Sec. 351. Agreements invalid unless made in writing. — In the fol- 
 lowing cases an agreement hereafter made shall be unenforceable by 
 action unless the same, or some note or memorandum thereof, be in 
 writing, and subscribed by the party charged, or by his agent; evi- 
 dence, therefore, of the agreement can not be received without the 
 writing, or secondary evidence of its contents : 
 
 1. An agreement that by its terms is not to be performed within a 
 year from the making thereof ; 
 
 2. A special promise to answer for the debt, default, or miscarriage 
 of another ; 
 
 3. An agreement made upon the consideration of marriage, other 
 than a mutual promise to marry ; 
 
 4. An agreement for the sale of goods, chattels, or things in action, 
 at a price not less than fifty dollars, unless the buyer accept and re- 
 ceive part of such goods and chattels, or the evidences, or some of 
 them of such things in action, or pay at the time some part of the 
 purchase money; but when a sale is made by auction and entry is 
 made by the auctioneer in his sales book, at the time of the sale, of 
 the amount of property sold, terms of sale, price, names of the pur- 
 chasers, and person on whose account the sale is made, it is a sufficient 
 memorandum; 
 
 5. An agreement for the leasing for a longer period than one year. 
 or for the sale of real property, or of an interest therein, and such 
 agreement, if made by the agent of the party sought to be charged, 
 is invalid unless the authority of the agenl be in writing and sub- 
 scribed by the party sought to be charged : 
 
 C>. No evidence is admissible to charge a person upon a representa- 
 tion as to the credit of a third person, unless such representation, or 
 some memorandum thereof, be in writing, and either subscribed by 
 or in the handwriting of the party to be charged. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 79 
 
 Sec. 352. Alteration in writing. — The party producing a writing 
 as genuine which has been altered, and appears to have been altered 
 after its execution, in a part material to the question in dispute, 
 must account for the appearance of the alteration. He may show 
 that the alteration was made by another, without his concurrence, or 
 was made with the consent of parties affected by it or otherwise 
 properly or innocently made, or that the alteration did not change 
 the meaning or language of the instrument. If he do that he may 
 give the writing in evidence, but not otherwise. 
 
 Sec 353. Leading questions. — A question which suggests to the 
 witness the answer which the examining party desires is a leading 
 question. On direct examination, leading questions are not allowed, 
 except in the sound discretion of the court under special circum- 
 stances making it appear that the interest of justice require it. 
 
 Sec. 354. V.'itness may refer to memorandum. — A witness may be 
 allowed to refresh his memory respecting a fact, by anything written 
 by himself or under his direction at the time when the fact occurred, 
 or immediately thereafter, or at any other time when the fact was 
 fresh in his memory and he knew that the same was correctly stated 
 in the writing; but in such case the writing must be produced and 
 may be seen by the adverse party, who may, if he choose, cross- 
 examine the witness upon it, and may read it in evidence. 
 
 So, also, a witness may testify from such writing, though he retain 
 no recollection of the particular facts, if he is able to swear that the 
 writing correctly stated the transaction when made: but such evi- 
 dence must be received with caution. 
 
 Sec. 355. Leading questions on cross-examination. — The opposite 
 party may cross-examine a witness to any facts stated in his direct 
 examination, or connected therewith, and in so doing he may put 
 leading questions. But, if he examine him as to other matters, such 
 examination is to be subject to the same rules as a direct examination. 
 
 Sec. 356. Party may not impeach his own witness. — The party 
 producing a witness is not allowed to impeach his credit by evidence 
 of a bad character, but may contradict him by other evidence, and 
 in the discretion of the court, in order to show that the witness has 
 misled him into calling him to the stand, may also show that he has 
 made at other times statements inconsistent with present testimony, 
 and may, if the court permit, cross-examine said witness as to such 
 conflicting statements. 
 
 Sec. 357. Recalling witness. — After the examination of a witness 
 by both sides has been concluded, the witness can not be recalled with- 
 out leave of the court. The court will grant or withhold leave in its 
 discretion, as the interests of justice may require. 
 
 Sec. 358. Impeaching witness. — A witness may be impeached by 
 the party against whom he was called, by contradictory evidence, or 
 
80 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 by evidence that his general reputation for truth, honesty, or integ- 
 rity is bad; but not by evidence, of particular wrongful acts, except 
 that it may be shown by the examination of the witness, or the 
 record of the judgment, that he has been convicted of a crime. 
 
 Sec. 359. Impeachment of witness by inconsistent statements. — A 
 witness may also be impeached by evidence that he has made at other 
 times statements inconsistent with his present testimony; but before 
 this can be done, the statement must be related to him, with the cir- 
 cumstances of the times and places and the persons present, and 
 he must be asked whether he made such statements, and, if so, 
 allowed to explain them. If the statements be in writing they must 
 be shown to the witness before any question is put to him concerning 
 them. 
 
 Sec. 360. Evidence of good character of the witness. — Evidence of 
 the good character of the party or witness is not admissible in a civil 
 action until the character of such party or witness has been im- 
 peached, or unless the issue involved is character. 
 
 Sec. 361. Right of opposite party to inspect writing shotcn to a 
 witness. — Whenever a writing is shown to a witness, it may be in- 
 spected by the opposite party. 
 
 Sec. 362. Offer to compromise. — An offer to compromise is not an 
 admission that anything is due, and is not admissible in evidence. 
 
 Sec. 363. Unaccepted offer in writing equivalent to tender. — An 
 offer in writing to pay a particular sum of money, or to deliver a 
 written instrument or specific personal property is, if rejected, equiv- 
 alent to the actual production and tender of the money, instrument, 
 or property. 
 
 Affidavits and depositions. 
 
 Sec. 364. Use of affidavit. — An affidavit is a written declaration 
 under oath, made without notice to the adverse party, and may be 
 used to verify a pleading, or paper in a special proceeding, to prove 
 the service of a summons, notice, or other paper, in an action or 
 special proceeding to obtain a provisional remedy, examination of 
 witnesses, or stay of proceedings, or upon a motion, and in any other 
 case specially permitted by any other provision of this Code. Evi- 
 dence of the publication of a document, or notice required by law, or 
 by an order of a court or judge, to be published in a newspaper, may 
 be given by the affidavit of the printer of the newspaper, or his fore- 
 man, or principal clerk, annexed to a copy of the document or notice 
 specifying the times when and the paper in which the publication 
 was made. If such affidavit be made in an action or special proceed- 
 ing pending in a court, it may be filed with the court or the clerk 
 thereof. In such case the original affidavit or a copy thereof, certi- 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 81 
 
 fied by the judge of the court or the clerk having it in custody, is 
 prima facie evidence of the facts stated therein. 
 
 Sec. 365. Who may administer oath for affidavit to be used in the 
 Zone. — An affidavit to be used before any court, judge, or officer of 
 the Canal Zone, may be taken before any judge of any court, or any 
 notary public in the Zone. 
 
 Sec 366. Who may administer oath for affidavit taken in the 
 United States. — An affidavit taken in the United States, or in any 
 State or Territory thereof, to be used in the Canal Zone, may be 
 taken before a commissioner, appointed by the Chief Executive of 
 the Canal Zone, to take affidavits and depositions in the United 
 States, or in such State or Territory, or before any notary public in 
 the United States, or in such State or Territory, or before any judge, 
 or clerk of a court of record having a seal. 
 
 Sec. 367. Affidavit taken in a foreign country. — An affidavit taken 
 in a foreign country, to be used in the Canal Zone, may be taken 
 before an ambassador, minister, consul, or vice-consul, or consular 
 agent of the United States, or before any judge of a court of record 
 having a seal, in any foreign country. 
 
 Sec. 368. Certification of affidavit taken in the United States or a 
 foreign country. — When an affidavit is taken before a judge or a 
 court in the United States, or in any State or Territory thereof, or 
 in a foreign country, the genuineness of the signature of the judge, 
 the existence of the court, and the fact that such judge is a member 
 thereof must be certified by the clerk of the court under the seal 
 thereof. 
 
 Depositions. 
 
 Sec. 369. Depositions may be used. — In all cases other than those 
 expressly provided in this Code, where a written declaration under 
 oath is used, it must be a deposition, as prescribed by this Code. 
 
 Sec. 370. Testimony of a witness out of the Zone may be taken by 
 deposition. — -Testimony of a witness out of the Canal Zone may be 
 taken by deposition in an action at any time after the service of a 
 summons or the appearance of the defendant; and, in a special 
 proceeding, at any time after a question of fact has arisen therein. 
 
 Sec. 371. Depositions of a witness within the Canal Zone. — -The 
 testimony of a witness in the Canal Zone, may be taken by deposition, 
 in an action, any time after the service of the summons or the 
 appearance of the defendant, and, in a special proceeding after the 
 question of fact has arisen therein, in the following cases : 
 
 1. When the witness is a party to the action or proceeding, or an 
 officer, or a member of a corporation which is a party to the action 
 or proceeding, or a person for whose immediate benefit the action or 
 proceeding is prosecuted or defended ; 
 
82 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 2. When the witness is about to leave the Canal Zone and will 
 probably continue absent when the testimony is required ; 
 
 3. When the witness otherwise liable to attend the trial is never- 
 theless too ill or infirm to attend; 
 
 4. When the testimony is required upon a motion, or in any other 
 case, when the oral examination of a witness is not required ; 
 
 5. When the witness is the only one who can establish facts or a 
 fact material to the issue : Provided, The deposition of such witness 
 shall not be used if his presence can be procured at the time of the 
 trial of the cause. 
 
 Sec. 372. How deposition of a witness out of the Canal Zone may 
 be taken. — The deposition of a witness out of the Canal Zone may be 
 taken upon a commission issued from the court in which the action 
 or proceeding is pending, under the seal of the court, upon an order 
 of the court, or a judge or justice thereof, on the application of either 
 party, upon five days' previous notice to the other. If the court be 
 that of a district judge, the commission shall have attached to 
 it a certificate under seal by the clerk of the Circuit Court of the 
 circuit in which the court is held, to the effect that the person issuing 
 the same was an acting district judge at the date of the commis- 
 sion. If issued to any place within the United States, or any State 
 or Territory thereof, it may be directed to a person agreed upon by 
 the parties, or, if they do not agree, to any justice of the peace, or 
 notary public, or to any Federal or State judge, or to any commis- 
 sioner authorized by the laws of the United States to administer 
 oaths and write depositions. If issued to any country out of the 
 United States, or the territories thereof, it may be directed to a min- 
 ister, ambassador, consul, vice-consul, or consular agent of the United 
 States in such country, or to any person agreed upon by the parties. 
 
 Sec 373. Interrogatories may be annexed to the commission. — 
 Such proper interrogatories, direct and cross, as the respective parties 
 may prepare, to be settled, if the parties disagree as to their form, 
 by the judge or officer granting the order for the commission, at a 
 day fixed in the order, may be annexed to the commission ; or, when 
 the parties agree to that mode, the examination may be oral and 
 without written interrogatories. 
 
 Sec. 374. Duties of official taking the deposition. — The commission 
 must authorize the commissioner to administer an oath to the wit- 
 ness and to take his deposition in answer to the interrogatories, or, 
 when the examination is to be without interrogatories, in answer to 
 oral questions, in respect to the question in dispute, and to certify 
 the deposition to the court, in a sealed envelope directed to the clerk 
 or other person designated or agreed upon, and forwarded to him by 
 mail or other channel of conveyance. 
 
CODE OP CIVIL PROCEDURE OF THE CANAL ZONE. 83 
 
 Sec. 375. Trial not necessarily delayed pending taking of deposi- 
 tion. — A trial or other proceeding must not be postponed by reason 
 of a commission not returned, except upon evidence satisfactory to 
 the court that the testimony of the witness is necessary, and that 
 proper diligence has been used to obtain it. 
 
 Sec. 376. Such deposition may he used by either party. — The depo- 
 sition mentioned in the four preceding sections may be used by either 
 party on the trial or other proceeding against any other party giving 
 or receiving a notice, subject to all just exceptions. 
 
 Sec. 377. Taking depositions within the Canal Zone. — Either party 
 may have the deposition taken of a witness in the Canal Zone in 
 either of the cases mentioned, before any judge, or notary public, 
 on serving on the adverse party previous notice of the time and place 
 of examination, together with a copy of an' affidavit showing that 
 the case is within such section. Such notice must be served at least 
 two days before the time is fixed for taking the deposition, and must 
 in all cases give the party reasonable time after notice to be present 
 at the taking thereof, and without a notice of such reasonable length 
 of time the deposition shall not be admissible in evidence The court 
 shall determine, if the deposition is offered in evidence, whether a 
 reasonable notice of taking has been given. 
 
 Sec. 378. Manner of taking, certifying, and transmitting deposi- 
 tions.— Either party may attend the examination and put such ques- 
 tions, direct and cross, as may be proper. The deposition, when com- 
 pleted, must be carefully read to the witness and corrected by him 
 in any particular, if desired; it must then be subscribed by the wit- 
 ness, certified by the judge or officer taking the deposition, inclosed 
 in an envelope or wrapper, sealed, and directed to the clerk of the 
 court in which the action is pending, or to such person as the parties 
 in writing may agree upon, and either delivered by the judge or 
 officer to the clerk or such person, or transmitted through the mail, 
 or by some other private conveyance, and thereupon such deposition 
 . may be used by either party upon the trial or other proceedings 
 against any party giving or receiving a notice, subject to all 
 legal exceptions, which may be taken when the deposition is read; 
 except that objections to the form of a question which might be cor- 
 rected if the adversary party's attention were invited thereto at the 
 time, shall be deemed to have been waived unless noted at the time 
 the deposition is taken. The deposition thus taken may be also read 
 in case of the death of the witness; but the deposition may be 
 excluded if the court finds that the taking was in any respect unfair 
 or fraudulent. 
 
 Sec. 379. A stenographer may be employed in taking deposition.— 
 The deposition shall be written by the judge or officer taking it, or 
 
84 CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 
 
 by some disinterested person in the presence and under the direction 
 of the judge or officer. Such disinterested person may be a stenog- 
 rapher and may take the deposition in shorthand, but must forth- 
 with reproduce it in longhand, and then it shall be subscribed by him 
 and certified, inclosed and forwarded as provided. 
 
 Sec. 380. Deposition may be read at any stage of action. — When a 
 deposition has been once taken, it may be read by either party in any 
 stage of the same action or proceeding where the reception of evi- 
 dence is proper, or in any other action between the same parties upon 
 the same subject-matter, and is then deemed the evidence of the 
 party reading it. 
 
 Sec. 381. Deposition to be used outside of the Canal Zone. — Any 
 party to an action or special proceeding in a court, or before a judge 
 of the United States, or any State or Territory thereof, or of any 
 foreign country, may obtain the testimony of a witness residing in 
 the Canal Zone, to be used in such action or proceeding, in the cases 
 mentioned in the next two sections. 
 
 Sec. 382. Summoning witnesses to appear before commissioner. — 
 If a commission to take such testimony has been issued from the court, 
 or a judge thereof, before which such action or proceeding is pending, 
 on producing the commission to any judge in the Canal Zone, with 
 an affidavit satisfactory to him of the materiality of the testimony, 
 he may issue a subpoena to the witness, requiring him to appear and 
 testify before the commissioner named in the commission, at a speci- 
 fied time and place. 
 
 Sec. 383. When commission has not been issued. — If a commission 
 has not been issued, and it is made to appear to any judge by an affi- 
 davit satisfactory to him : 
 
 1. That the testimony of the witness is material to either party; 
 
 2. That a commission to take the testimony of such witness has not 
 been issued ; 
 
 3. That according to the law of the State or country where the 
 action or special proceeding is pending, the deposition of a witness 
 taken under such circumstances and before such judge or justice, will 
 be received in the action or proceeding ; he must issue his subpcena re- 
 quiring the witness to appear and testify before him, at a specified 
 time and place. 
 
 Sec. 384. Taking flic deposition. — Upon the appearance of the wit- 
 ness, the judge or justice of the peace, or commissioner, as the case 
 may be, must cause his testimony to be taken in writing, and must cer- 
 tify and transmit the same to the court or judge before whom the 
 action or proceeding is pending, in such manner as the law of that 
 State or country requires. 
 
 Sec. 385. Oath of witness giving deposition. — Every witness giving 
 a deposition shall take an oath that the deposition by him subscribed 
 
CODE OF CIVIL PROCEDURE OF THE CANAL, ZONE. 85 
 
 contains the truth, the whole truth, and nothing but the truth, and 
 the authority taking the deposition shall certify that such oath has 
 been administered. 
 
 Sec. 386. Perpetuation of testimony. — The testimony of any wit- 
 ness may be taken for perpetual preservation, when the party desir- 
 ing to take it shall present to any judge of the Supreme Court, or 
 Circuit Court, a petition verified by oath of the applicant, stating: 
 
 1. That the applicant expects to be a party to an action in a court 
 in the Canal Zone, and giving the names of the persons who he ex- 
 pects will be adverse parties ; or 
 
 2. That the proof of some fact is necessary to perfect the title of 
 property in which he is interested, or to establish marriage, descent, 
 heirship, or any other matter which may hereafter become material 
 to establish, though no action may at the time be anticipated, or, if 
 anticipated, the names of the parties thereto may not be known ; and 
 
 3. The name of the witness to be examined, his place of residence, 
 and a general statement of facts expected to be proved. 
 
 Sec 387. Order of judge for perpetuation of testimony. — The 
 judge to whom such petition is presented shall make an order allowing 
 the examination, before himself, and prescribing the time and place 
 for taking the testimony, and the notice to be given, which notice, 
 if the parties expectant are known to reside within the Canal Zone, 
 must be personally served, or, if unknown, must be served on the 
 clerk of the Circuit Court where the property to be affected by such 
 evidence is situated, and by publication thereof in some newspaper 
 of general circulation on the Isthmus where the property is situated, 
 to be designated by the judge, for three successive weeks prior to the 
 time of taking the testimony. 
 
 Sec 388. Taking the testimony. — At the time and place designated 
 in the notice provided in the last preceding section the judge shall 
 require proof that the order of notice has been complied with, and 
 certify that fact, and shall thereupon proceed to take the deposition 
 named in the order of the judge; or, if more than one witness is thus 
 named, such of them as appear before him at the time designated, 
 but the taking of the same may be continued from time to time. 
 
 Sec 389. Manner of conducting examination. — The examination 
 must be by question and answer. The deposition when completed, 
 must be carefully read to and subscribed by the witness, and certified 
 by the judge taking the same, who shall also certify that the witness 
 was duly sworn, and the deposition shall then, together with the peti- 
 tion and order of the judge for taking the testimony, be sealed up 
 and delivered or transmitted to the clerk of the Circuit Court of the 
 circuit in which the applicant resides. The clerk shall indorse on the 
 deposition the date when the same with its accompanying papers was 
 
86 CODE OF CIVIL. PROCEDURE OF THE CANAL ZONE. 
 
 filed in his office, and shall securely retain the same, for the use here- 
 inafter provided. 
 
 Any party having a legal interest in the subject-matter of the 
 deposition shall be entitled to receive from the clerk of the court hav- 
 ing the lawful custody thereof a certified copy of the deposition, upon 
 payment of lawful fees for making and certifying such copy. 
 
 Sec. 390. Payers filed 'prima facie evidence of regularity. — The 
 petition and order, and certificate of service, and papers filed by the 
 judge as provided in the last preceding section, are prima facie evi- 
 dence of the facts stated therein, to show compliance with the pro- 
 visions of the four preceding sections. 
 
 Sec 391. Use of such deposition. — If a trial be had between the 
 parties named in the petition as parties expectant, or their successors 
 in interest, or between any parties wherein it may be material to 
 establish the facts which such deposition proves or tends to prove 
 and whose interest was unknown to the party taking the deposition 
 at the time of taking, upon proof that the witnesses whose deposi- 
 tions have thus been taken are dead or insane, or can not be found, or 
 are unable, by reason of age or other infirmity, to give their testi- 
 mony in court, the depositions, or certified copies thereof, may be used 
 by either party, subject to all legal objections. 
 
 Sec. 392. Effect of testimony so taken. — The deposition so taken 
 and read in evidence shall have the same effect as the oral testimony 
 of the witness. Any objection which would be proper to take if the 
 witness were testifying orally may be taken to the witness or to any 
 part of his deposition when the same is read upon the trial. 
 
 Chapter XIII. 
 
 VENUE OF ACTIONS. 
 
 Sec 393. Venue of actions. — Actions to confirm titles to real estate. 
 or to secure a partition of real estate, or to cancel clouds, or remove 
 doubts from the titles of real estate, or to obtain possession of real 
 estate, or to recover damages for injuries to real estate, or to estab- 
 lish any interest, right, or title in or to real estate, or actions for the 
 condemnation of real estate for public use, shall be brought in the 
 judicial circuit where the land, or some part thereof, is situated; 
 actions against executors, administrators, and guardians touching 
 the performance of their official duties, and actions for account and 
 settlement by them, and actions for the distribution of the estates 
 of deceased persons among the heirs and distributees, and actions for 
 the payment of legacies, shall be brought in the circuit in which 'the 
 will was admitted to probate, or letters of administration were 
 granted, or the guardian was appointed. And all actions not herein 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 87 
 
 otherwise provided for may be brought in any circuit where the 
 defendant or necessary party defendant may reside or be found, or in 
 any circuit where the plaintiff or one of the plaintiffs resides, at the 
 election of the plaintiff, except in cases where other special provision 
 is made in this Code. In case neither the plaintiff nor the defendant 
 resides within the Canal Zone and the action is brought to seize or 
 obtain title to property of the defendant within the Canal Zone, 
 the action shall be brought in the circuit where the property which 
 the plaintiff seeks to seize or to obtain title to is situated or is found : 
 Provided, That in an action for the foreclosure of a mortgage upon 
 real estate, when the service upon the defendant is not personal, but 
 is by publication, in accordance with law, the action must be brought 
 in the circuit where the land lies. And in all cases process may issue 
 from the court in which an action or special proceeding is pending, 
 to be in force in any circuit to bring in defendants and to enforce all 
 orders and decrees of the court. The failure of the defendant to 
 object to the venue of the action at the time of entering his appear- 
 ance in the action shall be deemed a waiver on his part of all objec- 
 tion to the place or tribunal in which the action is brought, except 
 in the actions referred to in this section relating to real estate, and 
 actions against executors, administrators, and guardians, and for 
 the distribution of estates and payment of legacies. 
 
 Chapter XIV. 
 
 PROCEEDINGS WHEN JUDGE IS DISQUALIFIED OR DISABLED. 
 
 Sec 394. Proceeding when judge disqualified. — Whenever a judge 
 in a Circuit Court is disqualified, under the provisions of the Code, 
 to sit in any action, the judge shall immediately notify the Chief 
 Justice of the Supreme Court of his disqualification, and thereupon 
 the judges of the Supreme Court shall designate some other judge of 
 a Circuit Court, to hold such a term of court, or such part thereof as 
 may be necessary where such action may be pending, and to preside 
 at the trial thereof, and the judge so designated shall in all respects 
 have the same power in the action as though he had been the regular 
 judge whose duty it was to preside in the court. But if the judges of 
 the Supreme Court shall certify to the Chief Executive that it is 
 inconvenient to assign any other judge to hold a term, or to try the 
 action, the Chief Executive shall thereupon commission some person 
 learned in the law to attend and hold said court, with the same power 
 as though he had been the regular judge thereof. Any special judge 
 ordered under the provisions of this section, shall receive a compensa- 
 tion of fifteen dollars, United States money, per day. and necessary 
 expenses for the time actually employed in the trial. 
 
88 CODE OF CIVIL PKOCEDURE OF THE CANAL ZONE. 
 
 Sec. 395. Proceeding where judge is physically disabled. — When a 
 judge of a Circuit Court is unable, from sickness or other physical 
 disability, to attend and hold any court, at the time and place re- 
 quired by law, temporary provision for a judge to hold the term of 
 court shall be made, as provided in the preceding section. 
 
 Chapter XV. 
 
 WITNESSES. 
 
 Sec. 396. Witnesses. — The testimony of all witnesses, except such 
 as has been taken in writing in the form of depositions as provided 
 by law, shall be given on oath in open court orally, and each wit- 
 ness may be orally cross-examined by the adverse party or his 
 counsel with sufficient fullness and freedom to test his accuracy 
 and truthfulness and freedom from interest or bias, or the reverse, 
 and to elicit all important facts bearing upon the issue. The court 
 shall be liberal in allowing cross-examination, but shall have the 
 power to restrict it so as to confine it to the purposes last above 
 specified and to prevent irrelevant or insulting interrogatories. 
 
 Sec. 397. Qualification of witness. — All persons, without exception, 
 otherwise than as specified in the next section, who, having organs 
 of sense, can perceive, and, perceiving, make known their perceptions 
 to others, may be witnesses. Neither the parties nor other persons, 
 who have an interest in the event of an action or proceeding shall be 
 excluded ; nor shall those who have been convicted of crime ; nor shall 
 any person be excluded on account of his opinion on matters of re- 
 ligious belief. But in every case the credibility of the witness may be 
 drawn in question by competent evidence, and the court in weighing 
 the testimony of any witness shall make due allowance for the interest 
 or credibility of the witness, as the facts disclosed may require. 
 
 Sec. 398. Incompetency of witnesses.- — The following persons can 
 not be witnesses : 
 
 1. Those who are of unsound mind at the time of their production 
 for examination, to such degree as to be incapable of perceiving and 
 making known their perceptions to others; 
 
 2. Children who appear to the court to be of such tender age and 
 inferior capacity as to be incapable of receiving the just impressions 
 of the facts respecting which they are examined, or of relating them 
 truly; 
 
 3. A husband cannot be examined for or against his wife without 
 her consent; nor a wife for or against her husband without his con- 
 sent; nor can either, during the marriage or afterwards, be, without 
 the consent of the other, examined as to any communication made by 
 one to the other during the marriage; but this exception does not 
 
CODE OP CIVIL PROCEDURE OP THE CANAL ZONE. 89 
 
 apply to a civil action or proceeding by one against the other, or to a 
 criminal action or proceeding for a crime committed by one against 
 the other ; 
 
 4. An attorney cannot, without the consent of his client, be ex- 
 amined as to any communication made by the client to him, or his 
 advice given thereon in the course of professional employment; nor 
 can an attorney's secretary, stenographer, or clerk be examined, 
 without the consent of client concerning any fact, the knowledge of 
 which has been acquired in such capacity; 
 
 5. A clergyman or priest cannot, without the consent of the person 
 making the confession, be examined as to any confession made to him 
 in his professional character in the course of discipline enjoined by 
 the church to which he belongs ; 
 
 6. A public officer cannot be examined during his term of office or 
 afterwards as to communications made to him in official confidence, 
 when the court finds that the public interests would suffer by the dis- 
 closure ; 
 
 7. Parties or assignors of parties to an action or proceeding, or per- 
 sons in whose behalf an action or proceeding is prosecuted, against an 
 executor or administrator or other representative of a deceased per- 
 son, or against a person of unsound mind, upon a claim or demand 
 against the estate of such deceased person or against such person of 
 unsound mind, cannot testify as to personal transactions with such 
 deceased person, or person of unsound mind, unless the personal 
 representative of such person shall have first introduced proof as to 
 such transactions. 
 
 Chapter XV T. 
 
 DUTIES OF THE CLERK OF THE CIRCUIT COURT. 
 
 Sec. 399. General duties of the clerk. — The clerk shall be the re- 
 cording officer of all the proceedings of the court. He or his deputy 
 may, at any time, receive and file all complaints, answers, motions, re- 
 ports, injunctions, orders, judgments, decrees, or other papers affecting 
 an action or special proceeding offered for that purpose; and shall 
 indorse upon all such papers the time when and the party by whom 
 they were respectively filed, and may issue under the seal of the court, 
 all process authorized by law to be issued by him and proper in any 
 action or proceeding pending in the court of which he is clerk. He 
 may administer oaths in all cases where oaths are proper to be ad- 
 ministered. He shall preserve and keep all records, files, papers, and 
 books belonging to his office. He shall in person or by deputy attend 
 all sessions of the court, and keep minute books, in which he shall 
 record, under the direction of the judge, all the proceedings of the 
 
90 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 court. He may issue certified copies of all papers and records within 
 his office, under the seal of the court. His acts shall at all times be 
 under the direction of the judge. 
 
 He shall also act as exofficio registrar of land titles until relieved 
 by law, and shall keep proper books of record which shall at all rea- 
 sonable hours be open to the public. 
 
 Sec. 400. The docket. — The minute book prescribed in the preced- 
 ing section shall be called a docket, and each page thereof shall be 
 properly prepared for receiving all the entries appertaining to a 
 single action. It shall contain the names of the plaintiff and de- 
 fendant, the date when the complaint, answer, demurrer, bill of 
 exceptions, execution, and all motions, and all other papers in the 
 action have been filed or issued, and a brief statement of all orders, 
 judgments, and other proceedings therein, so that by a reference to 
 a single page the whole history of the action may be briefly outlined. 
 The docket shall be duly indexed, both direct and indirect, in the 
 alphabetical order of the names of the parties, and of each of them, 
 so that the page of the docket containing the entries in each case 
 may be readily found. 
 
 Sec. 401. New dockets. — A new docket shall be prepared by the 
 clerk when ordered by the court, omitting therefrom all actions 
 standing upon the old docket and which have been finally disposed 
 of before the preparation of the new docket. Upon the new docket, 
 actions shall be entered in the same order in which they stood upon 
 the last former docket and upon the page devoted to each action 
 shall be copied all the entries pertaining to that action contained 
 in the former docket. The new docket shall be indexed as provided 
 in the preceding section. 
 
 Sec 402. Books of final record. — Immediately after the final termi- 
 nation of an action in which no further proceedings, appellate 
 or otherwise, can be had except the enforcement of the judgment, 
 the clerk shall record the final judgment, in a book to be kept for 
 that purpose, and styled " The Judgment Docket," but he shall not 
 record the evidence which has been taken in the action, nor any part 
 of the arguments of counsel; nor shall he record the pleadings or 
 other proceedings in the action, except so far as it may be necessary 
 to show the important steps taken in the litigation, unless specially 
 ordered by the court to do so. 
 
 Sec. 403. Custody of moneys paid into court. — Whenever moneys 
 are paid into or deposited in court, the same shall be delivered to 
 the clerk in person, or to such of his deputies as shall be specially 
 authorized by his appointment in writing to receive the same. He 
 must keep the same subject to the order of the court and shall keep 
 each fund distinct, and open an account with each. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 91 
 
 Chapter XVII. 
 
 PROCESS. 
 
 Preliminary process. 
 
 Sec. 401. Commencement of actions. — Civil actions must be com- 
 menced by filing a complaint with the clerk of the court in which the 
 action is to be instituted. The date of the filing of the complaint 
 upon which process is issued and duty served sriall be deemed to be 
 the true time of the commencement of the action. 
 
 Sec. 405. Proceedings of clerk on -filing complaint.- — -The clerk must 
 endorse on the complaint the day, month, and year that it is filed; 
 and shall forthwith issue one summons or more for calling the de- 
 fendants into court. 
 
 Sec. 406. Defendants residing in different circuits. — If the de- 
 fendants reside in different circuits, one summons shall issue for all 
 the defendants living in one circuit and another for all the defendants 
 living in another circuit, and in the same way until a summons has 
 been issued for all of the defendants. 
 
 Sec. 407. The summons. — The summons must be directed to the 
 defendant, signed by the clerk and issued under the seal of the court, 
 and must contain : 
 
 1. The names of the parties to the action, the court in which it is 
 brought, and the circuit in which the complaint is filed; 
 
 2. The direction that the defendant appear within ten days, if the 
 summons is served within the Canal Zone; within forty days, if 
 served elsewhere; and answer the complaint within the time fixed 
 by the rules of court ; 
 
 3. A notice that unless the defendant so appears and answers, 
 plaintiff will take judgment by default and demand from the court 
 the relief applied for in the complaint ; 
 
 4. A copy of the complaint. 
 
 Sec. 408. Summons lost or not served. — If a summons is returned 
 without being served upon any or all of the defendants or if it has 
 been lost, the clerk, upon demand of the plaintiff, may issue other 
 summons, as occasion may require, in the same form as the original. 
 
 Sec. 409. Service of summons. — -The summons may be served by the 
 marshal of the Supreme Court or the marshal of the circuit where the 
 defendant is found, or in which service is made, or by his authorized 
 deputy or by the complainant, his agent or attorney. A copy of the 
 summons and complaint must be served upon each of the defendants. 
 When service of the summons has been completed it must be returned 
 with a certificate of its service to the office of the clerk from which it 
 is issued. The certificate of service must state in full the time, place, 
 and manner of making service. 
 
92 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Sec. 410. Service by indifferent person. — When neither the mar- 
 shal of the Supreme Court nor the marshal of the circuit nor his 
 deputy is conveniently available for the service of a summons, the 
 judge or clerk of the court may. by writing indorsed upon the sum- 
 mons, appoint some disinterested person to serve the summons. When 
 the service has been completed by such disinterested person, it shall be 
 returned to the office of the clerk from which it issued, with a certifi- 
 cate of the time, place, and manner of its service, signed by the party 
 making the service, together with an affidavit of such person that the 
 facts stated in his certificate are true. 
 
 Sec 411. Manner of serving summons. — The summons must be 
 served by delivering a copy thereof, as follows: 
 
 1. If the suit is against a corporation formed under the laws of the 
 Canal Zone, to the President or other head of the corporation, secre- 
 tary, cashier, or managing agent thereof ; 
 
 2. If the suit is against a foreign corporation, or a non-resident 
 joint stock company, or association doing business in and having a 
 managing or business agent, cashier, or secretary within the Canal 
 Zone, to such agent, cashier, or secreta^ ; or to any agent authorized 
 by the corporation, joint stock company, or association to accept serv- 
 ice for it or them ; 
 
 3. If against a minor under the age of thirteen years residing 
 within the Canal Zone, to such minor, personally, and also to his 
 father, mother, or guardian; or, if there be none within the Zone, 
 then to any person having the care or control of such minor, or with 
 whom he resides, or in whose service he is emplo} T ed; 
 
 4. If against a person residing within the Zone who has been judi- 
 cially declared of unsound mind, or incapable of conducting his own 
 affairs, and for whom a guardian has been appointed, to such person 
 and also to his guardian ; 
 
 5. If against a city or municipality, to the mayor or president, 
 or other head of the legislative department thereof, or to the clerk 
 or secretary thereof; 
 
 6. In all other cases, to the defendant personally, or by leaving 
 a copy at his usual place of residence, in the hands of some person 
 resident therein of sufficient discretion to receive the same. But 
 service upon a corporation, as provided, may be made by leaving 
 the copy at the office of the proper officer thereof if such officer cannot 
 be found. 
 
 Sec 412. What equivalent to service. — An acknowledgment on 
 the back of a summons by the defendant or his voluntary appearance 
 in the action shall be equivalent to service. 
 
 Sec 413. Service upon absent or unknown defendants. — AVhere the 
 person on whom service is to be made resides out of the Canal Zone, 
 or has departed therefrom, or cannot, after due diligence, be found 
 
CODE OP CIVIL PROCEDURE OF THE CANAL. ZONE. 93 
 
 withm the Zone, or conceals himself to avoid the service of summons, 
 or is a foreign corporation having no managing or business agent, 
 cashier, or secretary within the Zone, and the fact appears by affi- 
 davit to the satisfaction of the judge of the court where the action 
 is pending, and it also appears by such affidavit that a cause of 
 action exists against the defendant in respect to whom the service is 
 to be made, or that he is a necessary or proper party to the action; 
 and when it appears by such affidavit, or by the complaint on file 
 that it is an action which relates to. or the subject of which is, real 
 or personal property w 7 ithin the Zone, in which such person defend- 
 ant or foreign corporation defendant, has or claims a lien or interest, 
 actual or contingent, or in which the relief demanded consists wholly 
 or in part in excluding such person or foreign corporation from any 
 interest therein, such judge may make an order that the service may 
 be made b}^ publication of the order which shall fix the date on 
 whieh the defendant is required to appear. 
 
 Sec. 414. Order for service by publication. — The order must direct 
 the publication to be made in such newspaper or newspapers, to be 
 designated by the judge, as is. or are most likely to give notice to the 
 person to be served, and for such length of time as may be deemed 
 reasonable, at least once a week for three consecutive weeks: but the 
 last publication against a defendant residing out of the Zone, or 
 absent therefrom, must not be less than forty days before the day 
 on which the defendant is required to appear. In case of publica- 
 tion, where the residence of a non-resident or absent defendant is 
 known, the judge must direct a copy of the summons and complaint 
 to be forthwith deposited by the clerk in the postoffice, postage pre- 
 paid, directed to the person to be served, at his place of residence. 
 If the residence of the defendant is unknown then to his last known 
 place of residence with the request to forward if not called for in 
 five days. When publication is ordered, personal service of a copy 
 of the summons and complaint outside of the Zone is equivalent to 
 publication and deposit in the postoffice and in either case the service 
 of the summons is complete at the expiration of the time prescribed 
 by the order of publication. Said order of publication shall be 
 made as brief as a proper notice will permit. 
 
 Sec. 415. Proof of the service. — Proof of the service of summons 
 and complaint must be made, as follows : 
 
 1. If served by a marshal or deputy, by his certificate thereof on 
 the summons; 
 
 2. If by any other person, by his affidavit thereof; or 
 
 '■\. In case of publication, by the affidavit of the printer or his 
 foreman, or principal clerk, to which affidavit a copy of the publi- 
 cation shall be attached; and an affidavit showing the deposit of a 
 803a— 07— m 7* 
 
94 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 copy of the summons, in the postoffice, that the same has been depos- 
 ited ; or 
 
 4. The written admission of the defendant. The certificate or 
 affidavit must state the time and place of service. 
 
 Sec. 416. Service in actions affecting the title to land. — In an 
 action affecting- the title or right of possession of real property, 
 the plaintiff, at the time of filing the complaint, and the defendant, 
 at the time of filing his answer, when affirmative relief is claimed 
 in such answer, or at any time afterwards, may record in the office 
 of the registrar of land titles in the circuit in which the property 
 is situated a notice of the pendency of the action, containing the real 
 names of the parties and the object of the action, and a description 
 of the property in that circuit affected thereby. From the time 
 only of filing such notice for record shall a purchaser, or incum- 
 brancer of the property affected thereby, be deemed to have con- 
 structive notice of the pendency of the action. 
 
 Chapter XVIII. 
 
 SUBPCENAS, AND COMPELLING ATTENDANCE OF WITNESSES. 
 
 Sec 417. Subpcenu or process to procure the attendance of wit- 
 ness. — The process by which the attendance of a witness is required 
 is called a subpoena. It is a writ directed to a person and requiring 
 his attendance at a particular time and place to testify as a witness. 
 It may also require him to bring with him any books, documents or 
 other things under his control, which he is bound by law to produce 
 in evidence, in which case it is called a subpoena duces tecum. 
 
 Sec 418. Issuing of the subpcena. — The subpoena shall be issued as 
 follows : 
 
 1. To require the attendance before a court or at the trial of an 
 issue therein, it shall be issued and shall be signed by the judge or 
 clerk of the court before which the attendance is required and in 
 which the issue is pending. 
 
 2. To require attendance out of the court before a judge, justice, 
 or other officer authorized to administer oaths, or to take testimony 
 in any manner under the laws of the Canal Zone, it shall be issued 
 by the judge, justice or other officer before whom the attendance is 
 required ; 
 
 3. To require attendance before a commissioner appointed to take 
 testimony by a court of a foreign country or of the United States, 
 of any of the States of the United States, or before any officer or 
 officers empowered by the laws of the Canal Zone to take depositions 
 or testimony, it may be issued by any judge of the Supreme Court, 
 or by any judge in places within their respective jurisdiction; with 
 like power to enforce attendance, and, upon certificate of contumacy 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 95 
 
 to said court, to punish contempt of their process, as such justice or 
 judge could exercise if the subpoena directed the attendance of the 
 witness before their courts in a matter pending therein. 
 
 Sec. 419. Service of the subpoena. — The service of a subpoena shall 
 be made by delivering a copy thereof, attested by the officer making 
 the service to be a true copy, to the witness personally, giving or 
 offering to him at the same time, if demanded by him, the fees to 
 which he is entitled for travel to the place designated, and one day's 
 attendance there. The service must be made so as to allow the wit- 
 ness a reasonable time for preparation and travel to the place of 
 attendance. Such service may be made by the marshal of the 
 Supreme Court or of the circuit, or his deputy, or (for want thereof) 
 by any disinterested person specially authorized in writing up the 
 subpoena by the authority issuing the same to make service thereof. 
 
 Sec. 420. Service where witness is concealed. — If a witness is con- 
 cealed in a building or vessel, so as to prevent the service of a sub- 
 poena upon him, any court, or judge, or any officer issuing a sub- 
 poena may, upon proof by affidavit of the concealment, and of the 
 materiality of the witness, make an order that the marshal, or his 
 deputy, shall forthwith serve the same, and the officer must serve it 
 accordingly, and for that purpose may break into the building or 
 vessel where the witness is concealed. 
 
 Sec. 421. Witness obliged to go outside the circuit to testify. — A 
 witness upon a tender of the fees allowed by law may be required to 
 attend and testify in any civil action before any court or judge of 
 the Canal Zone. 
 
 Sec. 422. Person present in court. — A person present in court be- 
 fore a judicial officer may be required to testify in the same manner 
 as if he were in attendance upon a subpoena issued by such court or 
 officer. 
 
 Sec. 423. Disobedience to a subpoena or refusal to testify. — Diso- 
 bedience to a subpoena, or a refusal to be sworn, or to answer as a 
 witness, or to subscribe an affidavit or deposition when required, may 
 be punished as a contempt by the court or officer issuing the sub- 
 poena, or requiring the witness to be sworn, and, if the witness be a 
 party, his complaint or answer may be stricken out. 
 
 Sec. 424. Civil liability of witness disobeying subpoena. — A wit- 
 ness, willfully and without cause, disobeying a subpoena, shall be 
 liable for all damages which may be sustained by reason of the fail- 
 ure of the witness to attend, which damages may be recovered in a 
 civil action. 
 
 Sec. 425. Compelling attendance of witness. — In case of failure 
 of a witness to attend, the court or officer issuing the subpoena, upon 
 proof of the service thereof, and of the failure of the witness, may 
 issue a warrant to the marshal, or his deputy, to arrest the witness 
 
96 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 and bring him before the court or officer where his attendance is 
 required, and the costs of such warrant and seizure of such witness 
 shall be paid by the witness if the authority issuing it shall de- 
 termine that his failure to answer the subpoena was willful and with- 
 out just excuse. 
 
 Sec. 426. // witness imprisoned. — If the witness be a prisoner con- 
 fined in a jail or prison within the Zone, an order for his examination 
 in the jail or prison, upon deposition, or for his temporary removal 
 and production before a court or officer, for the purpose of being 
 orally examined, may be made, as follows: 
 
 1. By the court itself in which the action or special proceeding 
 is pending, unless it be a district court ; 
 
 2. By a judge of the Supreme Court or a judge of the Circuit 
 Court where the action or proceeding is pending before a district 
 court, or before a judge or other person out of court. 
 
 An order under subsection two hereof can only be made upon the 
 motion of a party upon affidavit, showing the nature of the action 
 or proceeding, testimony expected from the witness, and its ma- 
 teriality. 
 
 Chapter XIX. 
 
 ARREST OF DEFENDANT. 
 
 Sec 427. Arrest. — A defendant may be arrested in the following 
 cases : 
 
 1. In an action for the recovery of money or damages on a cause 
 of action arising upon contract, express or. implied, when the de- 
 fendant is about to depart from the Zone with intent to defraud his 
 creditors ; 
 
 2. In an action for money or property embezzled or fraudulently 
 misapplied or converted to his own use by a public officer, or an officer 
 of a corporation, or an attorney, factor, broker, agent, or clerk, in 
 the course of his employment as such, or by any other person in a 
 fiduciary capacity, or for a willful violation of duty ; 
 
 3. In an action to recover the possession of personal property un- 
 justly detained, when the property, or any part thereof, has been 
 concealed, removed, or disposed of, to prevent its being found or 
 taken by the officer; 
 
 4. When the defendant has been guilty of a fraud in contracting 
 the debt or incurring the obligation upon which the action is brought ; 
 or in concealing or disposing of the property, for the taking, deten- 
 tion, or conversion of which the action is brought ; 
 
 5. When the defendant has removed or disposed of his property, 
 or is about to do so, with intent, to defraud his creditors. 
 
 Sec 428. Who may grant order for arrest. — An order for the 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 97 
 
 arrest of the defendant must be obtained from the circuit judge or 
 the district judge before whom the action is brought. Without such 
 order the defendant cannot be arrested. 
 
 Sec. 429. Granting order of arrest. — A judge shall grant an order 
 of arrest when it is made to appear to him by affidavit of the plain- 
 tiff, or some other person who knows the facts, that a sufficient cause 
 of action exists, and that the cause is one of those mentioned in 
 section 427. 
 
 If the order for arrest is made, the affidavit must be filed with the 
 clerk of the court or the district judge, as the case may be. 
 
 Sec 430. Obligation for damages in case of arrest. — Before mak- 
 ing the order, the party applying for it or some person on his behalf 
 must execute to the defendant an obligation in an amount to be fixed 
 by the judge and with sufficient surety, to be approved by him, 
 which obligation must be at least three hundred dollars, that the 
 plaintiff will pay all costs which may be adjudged to the defendant, 
 and all damages which he may sustain by reason of the arrest, if 
 the same shall finally be adjudged to have been wrongfully made or 
 without sufficient cause. 
 
 Sec 431. Executing order of arrest. — The officer making the arrest 
 must deliver to the defendant a copy of the affidavit and of the order 
 of arrest, and keep the defendant in custody until discharged by law. 
 
 Sec 432. Discharge of defendant. — The defendant, at any time 
 before execution, may be discharged from arrest, either upon deposit- 
 ing with the clerk or district judge in whose court the action is pend- 
 ing the amount mentioned in the order of arrest, or upon giving bail 
 as provided in the next section. 
 
 Sec 433. Giving bail. — The defendant may give bail by causing 
 an obligation to be executed to the plaintiff, with two or more suffi- 
 cient sureties to be approved by the judge who granted the order of 
 arrest, that the defendant will at all times render himself amenable 
 to the process of the court, during the pendency of the action and to 
 such as may be issued to enforce the judgment therein, or that they 
 will pay to the plaintiff the amount of any judgment which may be 
 recovered in the action. 
 
 Sec 434. Exoneration of bail. — At any time before the issuance of 
 execution, the sureties ma}^ surrender the defendant to the officer of 
 the court, who shall thereafter retain him in custody, until he is 
 otherwise discharged by law ; and for that purpose the sureties may 
 themselves arrest, or, by written authority indorsed on a certified 
 copy of the obligation, may empower the officer of the court to arrest 
 the defendant. If the bail do not surrender the defendant or cause 
 him to be surrendered before the issuing of execution on the judg- 
 ment, they shall be finally charged on their obligation and bound to 
 
98 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 pay upon demand the amount of the judgment, which may be col- 
 lected from them after notice and summary hearing in the same 
 action, except in the cases hereinafter provided. 
 
 Sec. 435. Death or imprisonment of defendant. — Bail shall be 
 exonerated by the death of the defendant, or his imprisonment in a 
 public penitentiary, or by his legal discharge from the obligation. 
 
 Sec. 436. Filing order of arrest and bond. — The officer serving the 
 order of arrest shall immediately after perfecting the arrest file the 
 order with this return thereon, together with the obligation, in the 
 office of the clerk of the court in which the action is pending. 
 
 Sec. 437. Disposition of money deposited. — Where money has been 
 deposited in lieu of bail, it shall be applied under the direction of the 
 court to the satisfaction of such judgment, if any, as may have been 
 rendered in favor of the plaintiff, and after satisfying the judgment 
 the balance shall be refunded to the defendant or his assignee. If 
 the judgment is in favor of the defendant, the whole sum deposited 
 must be refunded to him, or his assignee. 
 
 Sec. 438. Application by defendant for reduction of bail or vacat- 
 ing order of arrest. — A defendant arrested may, at any time before 
 the trial of the action, apply to the judge who made the order, or to 
 the court in which the action is pending, upon reasonable notice, to 
 vacate the order of arrest, or to reduce the amount of bail. Upon 
 such application, the judge or court shall grant immediate hearing, 
 after notice to the parties, and, upon hearing, make such orders as 
 appear to be just, either as to continuing the order of arrest, or vacat- 
 ing the same, or reducing the amount of bail required. 
 
 Sec. 439. Jail limits. — A defendant arrested under this chapter and 
 confined to jail in the absence of bail may be given the jail limits, 
 either for the circuit in which the action against him is pending, or 
 for the Canal Zone, in the discretion of the court, upon taking an 
 oath that he is insolvent and is unable to procure bail, and upon filing 
 an undertaking that he will not depart from the jail limits until the 
 debt be paid or bail be furnished: Provided, however, that at the 
 expiration of one year from the time at which he may be given the 
 jail limits he may apply to the court for relief from the jail limits, 
 and the judge thereof may grant such relief and discharge from the 
 order of arrest, upon its being made to appear by satisfactory evi- 
 dence that he is insolvent and by reason of any just cause has not 
 been able to satisfy the judgment against him. 
 
 Chapter XX. 
 
 ATTACHMENT OF DEFENDANT'S PROPERTY. 
 
 Sec. 440. Attachment. — A plaintiff may, at the commencement of 
 his action, or at any time afterwards, have the property of the de- 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 99 
 
 fendant not exempt from execution attached as security for the sat- 
 isfaction of any judgment that may be recovered, unless the defend- 
 ant gives security to pay such judgment, in the manner hereinafter 
 provided : 
 
 1. In all cases providing for the arrest of a defendant; but the 
 plaintiff must make an election as to whether he will ask for an 
 order of arrest or an order of attachment; he shall not be entitled 
 to both orders ; 
 
 2. In an action against a defendant not residing in the Canal 
 Zone. 
 
 Sec. 441. Who may issue order of attachment. — An order for at- 
 tachment may be granted by a judge of the Supreme Court or by a 
 judge of the Circuit Court for the circuit in which the action is pend- 
 ing, or by a district judge in an action properly brought before his 
 court. 
 
 Sec. 442. Granting order of attachment. — A judge shall grant an 
 order of attachment when it is made to appear to the judge by the 
 affidavit of the plaintiff, or of some other person who knows the 
 facts, that a sufficient cause of action exists, and that the case is 
 one of those authorized by this code and that there is no other suffi- 
 cient security for the claim sought to be enforced by the action, and 
 that the amount due to the plaintiff above all legal set-offs or counter- 
 claims is as much as the sum for which the order is granted. 
 
 Sec. 443. Obligation for damages in case of attachment. — Before 
 the order is made, the party applying for it, or some person on his 
 behalf, must execute to the defendant an obligation in an amount to 
 be fixed by the judge, and with sufficient surety to be approved by 
 him, which obligation shall be for a sum not less than two hundred 
 dollars, and not exceeding the amount claimed by the plaintiff, that 
 the plaintiff will pay all the costs which may be adjudged to the de- 
 fendant, and all damages which he may sustain by reason of the 
 attachment, if the same shall finally be adjudged to have been wrong- 
 ful or without sufficient cause. 
 
 Sec. 444. Executing order of attachment as to movables. — The order 
 of attachment shall be served by the officer of the court by attaching 
 and safely keeping all the movable property of the defendant in the 
 Canal Zone, or so much thereof as may be sufficient to satisfy the 
 plaintiff's demands, unless the defendant gives security by obligation 
 to the plaintiff, with sufficient surety, to be approved by the judge 
 who granted the order of attachment, in an amount equal to the value 
 of the property which has been or is about to be attached. The 
 property so attached shall be held to await final judgment, in execu- 
 tion, unless released as provided in this code. 
 
 Sec. 445. Executing order of attachment as to real property. — 
 Real property, standing upon the records in the name of the de- 
 
100 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 fendant or not appearing at all upon the record, shall be attached 
 by filing with the registrar of titles of land, for the circuit in which 
 the land is situated, a copy of the order of attachment, together with 
 a description of the property attached, and a notice that it is at- 
 tached, and by leaving a similar copy of the order, description, and 
 notice with an occupant of the property, if there is one. 
 
 Real property or an interest therein, belonging to the defendant 
 and held by any other person, or standing on the records in the name 
 of any person, shall be attached by filing with the registrar of land 
 titles in the circuit in which the land is situated, a copy of the order 
 of attachment, together with a description of the property, and a 
 notice that such real property and any interest of the defendant 
 therein, held by or standing in the name of such other person (naming 
 him) are attached; and by leaving with the occupant, if any, and 
 with such other person, or his agent, if known and within the 
 circuit, a copy of the order, description and notice. The registrar 
 must index attachments filed under the first paragraph of this section, 
 in the names, both of the plaintiff and of the defendant, and must 
 index attachments filed under the second paragraph of this section, 
 in the names of the plaintiff and of the defendant and of the person 
 by whom the property is held or in whose name it stands on the 
 records. 
 
 Sec. 446. Executing order of attachment as to stocks or shares. — 
 Stocks or shares, or an interest in stocks or shares, of any corporation 
 or company shall be attached by leaving with the president, or other 
 head of the same, or the secretary, cashier, or other managing agent 
 thereof, a copy of the order of attachment and a notice stating that 
 the stock or interest of the defendant is attached, in pursuance of 
 such order. 
 
 Sec 447. Executing order of attachment as to debts and credits. — 
 Debts and credits, and other personal property not capable of manual 
 delivery, shall be attached by leaving with the person owing such debts 
 or having in his possession or under his control, such credits and other 
 personal property, a copy of the order of attachment, and a notice 
 that the debts owing by him to the defendant, or the credits and other 
 personal property in his possession or under his control, belonging 
 to the defendant, are attached in pursuance of such order. 
 
 Sec 448. Effect of attachment of debts and credits. — All persons 
 having in their possession or under their control any credits or other 
 personal property belonging to the defendant, or owing any debts 
 to the defendant at the time of service upon them of a copy of the 
 order of attachment and notice as provided in the last section, shall 
 be, unless such property be delivered up or transferred, or such debts 
 be paid to the clerk of the court in which the action is pending, 
 liable to the plaintiff for the amount of such credits, property, or 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 101 
 
 debts, until the attachment be discharged, or any judgment recovered 
 by him be satisfied. 
 
 Sec. 449. Disposition of debts and credits attached. — Any person 
 owing debts to the defendant, or having in his possession or under 
 his control any credits or other personal property belonging to the 
 defendant, may be required to attend before the court in which the 
 action is pending or before a referee appointed by the court, and be 
 examined on oath respecting the same. The defendant may also be 
 required to attend, for the purpose of giving information respecting 
 his property, and may be examined on oath. The court may, after 
 such examination, order personal property capable of manual deliv- 
 ery, belonging to the defendant, in the possession of the person so 
 required to attend before the court, to be delivered to the clerk of 
 the court on such terms as may be just, having reference to any liens 
 thereon or claims against the same, to await the final result of the 
 action. 
 
 Sec. 450. Return of order of attachment. — The officer of the court 
 making the attachment shall indorse upon its back a full statement 
 of all his proceedings under the order, including a complete inventory 
 of the property attached, and sign the same, and shall return the 
 order of attachment to the clerk of the court in which the action is 
 pending to be filed with the other papers in the action. 
 
 Sec. 451. Disposition of perishable property. — Whenever it shall 
 be made to appear to the judge or the court in which the action is 
 pending, by hearing, after notice to both parties if practicable, that 
 the property attached is perishable, or that the interests of all the 
 parties to the action will be subserved by the sale thereof, the judge 
 may, on motion, order such property to be sold at public auction in 
 such manner as he maj 7 direct, and the proceeds to be deposited in 
 court to abide the judgment in the action. 
 
 Sec. 452. Final disposition of property attached. — If judgment be 
 received by the plaintiff, the officer of the court must cause the same 
 to be satisfied, out of the property attached, if it be sufficient for that 
 purpose, in the following manner : 
 
 1. By paying to the plaintiff the proceeds of all sales of perishable 
 or other property sold by him in pursuance pf the order of the judge, 
 or so much as shall be necessary to satisfy the judgment. 
 
 2. If any balance remain due, and execution shall have been issued 
 on the judgment, he shall sell under the execution so much of the 
 property, real or personal, as may be necessary to satisfy the balance, 
 if enough for that purpose remains in his hands, or in that of the 
 clerk of the court. 
 
 3. By collecting from all persons having in their possession credits 
 belonging to the defendant, or owing debts to the defendant at the 
 
102 CODE OF CIVIL PROCEDURE OF THE CANAL. ZONE. 
 
 time of the service upon them of the order of attachment of such 
 credits or debts, the amount of such credits and debts as determined 
 by the court in the action, and stated in the final judgment, and 
 paying the proceeds of such collection over to the plaintiff. 
 
 The officer shall make return in writing to the court of his pro- 
 ceedings under this action. 
 
 Sec. 453. Collections of balance of execution. — If, after realizing 
 upon all the property attached, including the proceeds in extinguish- 
 ment of the judgment, less the expenses of proceedings upon the 
 judgment, any balance shall remain due, the officer of the court 
 must proceed to collect such balance as upon an execution in other 
 cases. Whenever the judgment shall have been paid, the officer, upon 
 reasonable demand, must deliver over to the defendant the attached 
 property remaining in his hands, and any proceeds of the property 
 attached unapplied on the judgment. 
 
 Sec 454. Proceedings after return of execution unsatisfied. — If 
 the execution be returned unsatisfied, in whole or in part, the plain- 
 tiff may maintain an action upon the obligations, if any, given. 
 
 Sec. 455. Disposition of attached property in case of judgment for 
 defendant. — If the defendant recovers judgment against the plaintiff, 
 all the proceeds of sales and money collected by the officer of the 
 court, under the order of attachment, and all the property attached 
 remaining in said officer's hands shall be delivered to the defendant, 
 and the order of attachment discharged, and the defendant may have 
 judgment against the plaintiff upon the obligation given for any 
 damages he may have sustained by reason of the attachment, after 
 summary hearing in the same action on due notice. 
 
 Sec. 456. Dissolution of order of attachment. — At any time, after 
 the commencement of an action upon which an order of attachment 
 has been made, the defendant may upon reasonable notice to the 
 plaintiff, apply to the judge who granted the order of attachment, 
 or to the judge of the court in which the action is pending, for an 
 order to discharge the attachment, wholly or in part; and the judge 
 shall, after hearing, on due notice to both parties, discharge the 
 order of attachment provided the defendant shall execute an obliga- 
 tion to the plaintiff with surety to be approved by the judge, to the 
 effect that in case the plaintiff recover judgment in the action, the 
 defendant will, on demand, redeliver the attached property so re- 
 leased to the officer of the court, to be applied to the payment of the 
 judgment, or, in default thereof, that the defendant and surety, 
 will, on demand, pay to the plaintiff the full value of the property 
 released. The judge making such order may fix the sum for which 
 the undertaking must be executed, and for that purpose may take such 
 steps as he finds necessary to determine the value of the property 
 attached, which obligation shall be filed with the other papers in the 
 
CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 103 
 
 cause, and upon its approval by the judge and the making of the 
 order by him for a discharge of the attachment, all of the property 
 so released, and all of the proceeds of the sales thereof, shall be 
 delivered to the defendant, the obligation aforesaid standing in 
 place of the property so released. 
 
 Sec. 457. Discharge of attachment on motion. — The defendant 
 may also at any time either before or after the release of the attached 
 property, or before any attachment shall have been actually levied, 
 upon reasonable notice to the plaintiff, apply to the judge who 
 granted the order of attachment, or to the judge of the court in which 
 the action is pending, for an order to discharge the attachment on 
 the ground that the same was improperly or irregularly issued or 
 was levied upon property exempt from execution. If the motion be 
 made on affidavits on the part of the defendant, but not otherwise, 
 the plaintiff may oppose the same by affidavits or other evidence in 
 addition to those on which the attachment was made. 
 
 If upon such application it satisfactorily appears that the writ of 
 attachment was improperly or irregularly issued, it must be dis- 
 charged. 
 
 Sec 458. Right of third party, against officer. — If the property 
 taken be claimed by any other person than the defendant or his agent 
 and such person make an affidavit of his title thereto or right to 
 the possession thereof, stating the grounds of such right or title, 
 and serve the same upon the officer while he has possession of the 
 property, the officer shall not be bound to keep the property under 
 the attachment, unless the plaintiff, on demand of him, or his agent, 
 indemnify the officer against such claim by an obligation with two 
 sufficient sureties; and no claim to such property or damage for its 
 seizure by any other person than the defendant or his agent shall 
 be valid against the officer unless so made, but nothing herein con- 
 tained shall prevent such third person from vindicating his claim 
 to the property by any proper action. 
 
 Chapter XXI. 
 
 MANNER OF GIVING AND ENTERING JUDGMENT. 
 
 Sec. 459. Entering judgment. — In all cases judgment must be en- 
 tered by the clerk in conformity with the decision, after the rendition 
 of the judgment, unless the court orders the case to be reserved for 
 argument or further consideration, or grants a stay of proceedings. 
 
 Sec. 460. When judgment reserved. — When the case is reserved for 
 argument or further consideration, as mentioned in the last section, it 
 may be brought by either party before the court for argument. 
 
 Sec. 461. Judgment for affirmative relief for defendant. — If the 
 counter-claim established at the trial, exceeds the plaintiff's demand, 
 
104 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 judgment for the defendant must be given for the excess; or if it 
 appear that the defendant is entitled to any other affirmative relief, 
 judgment must be given accordingly. 
 
 Sec. 462. Judgment possession personal property, in contract. — In 
 an action to recover the possession of personal property judgment for 
 the plaintiff may be for the possession or the value thereof, in case a 
 delivery can not be had, and damages for the detention. If the prop- 
 erty has been delivered to the plaintiff, and the defendant claim a re- 
 turn thereof, judgment for the defendant may be had for the return 
 of the property ; or the value thereof, in case a return can not be had, 
 and damages for taking and withholding the same. In an action on 
 a contract or obligation in writing, for the direct payment of money, 
 made payable in a specified kind of money or currency, judgment for 
 the plaintiff, whether it is by default or other decision, may follow the 
 contract or obligation, and be made payable in United States Currency 
 of the value of the money or currency specified therein, at the date of 
 the obligation, and in all actions for the recovery of money, if the 
 plaintiff alleges in his complaint that the same was understood 
 or agreed by the respective parties to be payable in a specified 
 kind of money or currency, and this fact is admitted by the default 
 of the defendant, or established by evidence, the judgment for the 
 plaintiff must be made payable in United States Currency of the 
 value of the money or currency so alleged in the complaint, at the 
 date of the obligation; and in an action against any person for the 
 recovery of money received by such person in a fiduciary capacity or 
 to the use of another, judgment for the plaintiff must be made payable 
 in United States Currency of the value of the money or currency so 
 received by such person at the date it was so received. 
 
 Sec. 463. Judgment where party dies. — If a party die after a judg- 
 ment or decision upon any issue of fact and before judgment, the court 
 may nevertheless, render judgment thereon. Such judgment is not a 
 lien on the real property of the deceased party, but is payable in the 
 course of administration on his estate. 
 
 Sec 464. Clerics dockets. — The dockets kept by the clerk are open 
 at all times during office hours for the inspection of the public, with- 
 out charge. The clerk must arrange the several dockets kept by him 
 in such manner as to facilitate their inspection. 
 
 Chapter XXII. 
 
 EXECUTION. 
 
 Sec. 465. Issuance, form and requisites of execution. — The writ of 
 execution must be issued in the name of " The United States of 
 America, The Canal Zone," ss., sealed with the seal of the Court and 
 subscribed bv the clerk, and be directed to the marshal, and it must 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 105 
 
 intelligently refer to the judgment, stating the court, the circuit 
 where the judgment was entered, and if it be for money, the amount 
 thereof, and the amount actually due thereon, the execution must also 
 state the value of the money or currency in which the judgment is 
 payable in United States currency, and must require the marshal sub- 
 stantially as follow-: 
 
 1. If it be against the property of the judgment debtor, it shall 
 require the marshal to satisfy the judgment, with interest, out of the 
 personal property of such debtor, and if sufficient personal property 
 can not be found, then out of his real property ; or if the judgment 
 be a lien upon real property, then out of the real property belonging 
 to him on the day when the judgment was rendered or at any time 
 thereafter. 
 
 2. If it be against real or personal property, in the hands of the 
 personal representatives, heirs, devisees, legatees, tenants or trustees, 
 it must require the marshal to satisfy the judgment, with interest, 
 out of such property. 
 
 3. If it be for delivery of real or personal property, it must re- 
 quire the marshal to deliver the possession of the same, describing 
 it to the party entitled thereto, and may at the time require the 
 marshal to satisfy any costs, damages, rents or profits recovered by 
 the said judgment, out of the personal 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 
 can not be had, and if sufficient personal property can not be found, 
 then out of real property. 
 
 Sec. 466. Executions under special judgments. — When the judg- 
 ment requires the sale of property, the same may be enforced by a writ 
 reciting such 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. When the 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 the same is rendered, or upon the person or officer required 
 thereby or by law to obey the same, and obedience thereto may be 
 enforced by the court. 
 
 Sec. 407. Judgment lien, lapse thereof. — A judgment of a court of 
 record shall be a lien on the real estate of the person against whom it 
 is obtained situated within the. circuit for which the court is held from 
 the time the same is rendered or revived for the period of five years 
 and no longer : Provided, That there shall be no priority of the lien of 
 one judgment over that of another rendered at the same term of court. 
 or on the same day in vacation ; and upon the filing in the office of the 
 clerk of any court of record in any circuit of the Zone, of a transcript 
 of a judgment or decree rendered in any other circuit of the Zone, 
 
106 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 such judgment shall have the like force and effect and shall be a lien 
 upon the real estate of the party against whom the same is obtained in 
 said circuit where filed, and execution may issue thereon in said 
 circuit, in like manner as in the circuit where originally obtained. 
 When execution is not issued on a judgment within one year from 
 the time the same becomes a lien it shall thereafter cease to be a lien, 
 but execution may issue upon such judgment at any time within 
 said five years, and shall become a lien on such real estate from the 
 time it shall be delivered to the marshal or other proper officer, to 
 be executed. 
 
 Sec. 468. Exemption in favor of party restrained.— -When the party 
 in whose favor a judgment is rendered is restrained, by injunction, or 
 by appeal, or by the order of a judge or court, or is delayed, on ac- 
 count of the death of the defendant, either from issuing execution or 
 selling thereon, the time he is so restrained or delayed shall not be 
 considered as any part of the time before mentioned. 
 
 Sec 469. Real estate, definition. — The term " real estate," when 
 used in this act shall include lands, tenements, hereditaments, and all 
 legal and equitable rights and interest therein and thereto, including 
 estates for the life of the debtor or of another person, and estates for 
 years, and leasehold estates, when the unexpired term exceeds one 
 year. 
 
 Sec 470. Execution on judgment. — The person in whose favor any 
 judgment, as aforesaid, may be obtained, may have execution thereon 
 in the usual form, directed to the proper officer of any circuit, in this 
 Zone, against the lands and tenements, goods and chattels of the per- 
 son against whom the same is obtained, or against his body, when the 
 same is authorized by law. 
 
 Sec 471. Execution after expiration of judgment lien. — No execu- 
 tion shall issue upon any judgment after the expiration of five years 
 from the time the same becomes a lien, except upon the revival of the 
 same b}^ scire facias; but real estate levied upon within five years 
 may be sold upon a venditio rei exponas, as any time within one year 
 after the expiration of said five years. 
 
 Sec 472. Interest on judgment. — Every execution issued upon a 
 judgment shall direct the collection of interest thereon, from the day 
 of recovery of the judgment until the same is paid, at the rate of six 
 per centum per annum. 
 
 Sec 473. Return of execution. — Executions and writs of venditio 
 rei exponas shall be made returnable sixty days after the date thereof. 
 
 Sec 474. Binding personal property by execution. — No execution 
 shall bind the goods and chattels of the person against whom it is 
 issued, until it is delivered to the marshal or other proper officer to 
 be executed ; and for the better manifestation of the time, the marshal 
 or other officer shall, on receipt of such writ, indorse upon the back 
 
CODE OF CIVIL PROCEDURE OF THE CANAL, ZONE. 107 
 
 thereof the day of the month and year and hour wheu. he received the 
 same. 
 
 Sec. 475. Property subject to execution.- — All and singular the 
 lands, tenements, real estate, goods and chattels (except such as is by 
 law declared to be exempt) of every person against whom any judg- 
 ment has been or shall be hereafter obtained in any court of record, 
 for any debt, damages, costs, or other sum of money, shall be liable 
 to be sold upon execution, to be issued upon such judgment. 
 
 Sec 476. Order of levy under execution. — The person in whose 
 favor execution is issued, may elect on what property not exempt 
 from execution he will have the same levied, provided real property 
 shall be last taken. 
 
 Sec 477. Property taken on execution, how sold. — When real or 
 personal property is taken on execution, if the same is susceptible of 
 division it shall be sold in separate tracts, lots or articles, and only so 
 much shall be sold as is necessary to satisfy the executivm and costs. 
 
 Sec 478. Where there are concurrent judgments. — When the lien 
 of several judgments is concurrent, by reason of the same having been 
 rendered at the same term of court or on the same day in vacation, and 
 execution issued upon any one of such judgments is levied upon prop- 
 erty subject to such lien, the property so levied upon shall be sold for 
 the benefit of all executions issued upon such judgments, and delivered 
 to the same officer or any of his deputies before sale; and the pro- 
 ceeds of such sale shall be divided upon the several executions, pro 
 rata, according to their several amounts. 
 
 Sec 479. Advertisement of real property for sale. — No real estate 
 shall be sold by virtue of any execution aforesaid, except at public 
 vendue, between the hours of nine in the morning and the setting of 
 the sun of the same day, nor unless the time (specifying the particular 
 hour of said day at which said sale shall commence) and the place of 
 holding such sale shall have been previously advertised three succes- 
 sive weeks, once in each week, in a public newspaper printed and pub- 
 lished in the Canal Zone, or the cities of Colon or Panama, and by 
 putting up written or printed notices thereof in at least three of the 
 most public places in the circuit where the real estate is situated, 
 specifying the name of the plaintiff and defendant in the execution, 
 in all of which said notices the real estate to be sold shall be described 
 with reasonable certainty ; and if there shall be more than one news- 
 paper published in the Zone, or Colon or Panama, the judgment cred- 
 itor or his attorney may designate the newspaper in which such notice 
 shall be published : Provided, That no greater charge shall be made 
 for publishing said notices than two dollars for each one hundred 
 words contained therein. 
 
 Sec 480. Irregular sale, liability of marshal. — If any marshal or 
 other officer shall sell any real estate by virtue of any such execution, 
 
108 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 otherwise than in the manner aforesaid, or without such previous 
 notice, the officer so offending shall, for every such offense, forfeit 
 and pay the sum of fifty dollars to be recovered with costs of suit, by 
 the person whose property is sold. Provided, however, that no such 
 offense, nor any irregularity on the part of the marshal, or other 
 officer having the execution, shall be deemed to affect the validity of 
 any sale made under it, unless it shall be made to appear that the 
 purchaser had notice thereof. 
 
 Sec. 481. Sale of real estate, marshal's certificate. — When any real 
 estate is sold by virtue of an execution, judgment, or decree of fore- 
 closure of mortgage, or enforcement of mechanic's lien, or vendor's 
 lien, or for the payment of money, it shall be the duty of the marshal, 
 or other officer, instead of executing a deed for the premises sold, to 
 give to the purchaser a certificate describing the premises purchased 
 by him, showing the amount paid therefor, or if purchased by the 
 person in whose favor the execution or decree is, the amount of his 
 bid, the time when the purchaser will be entitled to a deed, unless the 
 premises shall be redeemed, as provided in this act. 
 
 Sec 482. Filing duplicate of such certificate. — The marshal, or 
 other officer making the sale, shall, within ten days from such sale, 
 file in the office of the registrar a duplicate of such certificate, which 
 shall be recorded by such registrar ; and such certificate or duplicate, 
 or record, and certified copy of .the record thereof, shall be evidence 
 of the facts therein stated. 
 
 Sec 483. Redemption of real estate sold under execution. — Any 
 defendant, his heirs, administrators, or assigns, or any person acting 
 on behalf of and with the authority of the defendant, may, within 
 twelve months from said sale, redeem the real estate so sold by pay- 
 ing to the purchaser thereof, his executors, administrators or assigns 
 or to the marshal or other officer who sold the same, or his successor 
 in office, for the benefit of such purchaser, his executors, administra- 
 tors or assigns, the sum of money for which the premises were sold 
 or bid off, with interest thereon at the rate of six per centum per 
 annum from the time of such sale, whereupon such sale and certificate 
 shall be null and void. 
 
 Sec 484. Bight of purchaser pending redemption period — Waste. — 
 If the purchaser pays his bid price in cash, or credits the amount of 
 his bid upon the judgment of sale, he shall be entitled to be put into 
 possession of the property by order of court and to receive the rents 
 and profits therefrom; otherwise the defendant shall remain in pos- 
 session of the property pending the redemption period. But the 
 court shall, pending redemption, have power to restrain by injunction 
 the commission of waste upon the property at the suit of any inter 
 ested party. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 109 
 
 Sec. 485. Rights of purchaser after lapse of redemption period. — 
 At the expiration of the period for redemption allowed under the 
 previous section the purchaser, his executors, heirs, or assigns, may 
 file a petition in the cause in which the property was sold, making a 
 part thereof the certificate of sale, and demand the execution of a 
 deed by the marshal, conveying the defendant's entire interest in the 
 property sold. If it appear to the court that the property was sold 
 for not less than three-fourths of its market value, to ascertain the 
 truth of which the court, on its own motion, or on the application of 
 the defendant, his executors, or heirs, or any judgment creditor may 
 appoint two appraisers who shall file with the court within a specified 
 time a sworn report estimating the actual value of the real estate sold 
 under execution, the court shall order the deed to be made upon the 
 payment of the bid price and interest, if not already paid. If it 
 appear to the court that the property was sold for less than three- 
 fourths of its market value, or that for any other cause an injustice 
 has been done the defendant, the court may order a resale of the 
 property under such conditions with respect to advertising, and de- 
 ferred payments not exceeding one year, as to the court seems equita- 
 ble. There shall be no further right of redemption in the property 
 resold. If the price at which the property resells shall not exceed 
 the price paid at the first sale, together with interest, costs, and any 
 taxes or assessments that may have been paid by the holder of the 
 original certificate of purchase, a deed for the property shall be or- 
 dered by the court to be made to the original purchaser. If the prop- 
 erty brings more than such amount, and the sale has been fairly con- 
 ducted, it shall be confirmed, and the court shall order a deed to be 
 executed by the marshal, upon the payment of the last purchase price 
 with interest, to the purchaser at the resale, his heirs, executors, or 
 assigns, and the purchase money shall be distributed as justice re- 
 quires. 
 
 Sec 486. Deed prima facie evidence of regularity of sale. — Any 
 deed which has been heretofore, or which may hereafter be so ex- 
 ecuted, or a certified copy of the record thereof, shall be prima facie 
 evidence that the provisions of the law in relation to the sale of the 
 property for which it is or may be given were complied with: and in 
 case of the loss or destruction of the record of the judgment or decree, 
 or of the execution or levy thereon such deed or certified copy of the 
 record thereof shall be prima facie evidence of the recovery and ex- 
 istence of the judgment or decree and issuing and levy of the 
 execution as therein recited. 
 
 Sec 487. Perfecting execution lien in another circuit. — When a 
 
 writ of execution is issued from a court of a circuit to a marshal or 
 
 other officer of another circuit, and levied upon any real estate in 
 
 the latter circuit, the officer making such levy shall make a certificate 
 
 803a— 07— m 8 
 
110 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 thereof and file the same in the office of the registrar of land titles 
 in said circuit. Until the filing of such certificate such levy shall 
 not take effect, as against creditors and bona fide purchasers, with- 
 out notice. 
 
 Sec. 488. Same. — The certificate may be substantially in the fol- 
 lowing form: 
 
 Circuit of the Canal Zone, ss: 
 
 I (here state the name of the officer and the title of his office) do 
 hereby certify that by virtue of an execution to me directed, from 
 
 the court of , in favor of , 
 
 against , dated the day of , 19 — , I did, on 
 
 the day of , 19 — , levy upon the following premises. 
 
 (Here describe the premises.) 
 
 (Signature.) 
 
 Sec 489. Same. — Such certificate shall be recorded by the registrar 
 of land titles of said circuit, in a book to be kept for that purpose. 
 The fee for recording such certificate shall be collected as other costs. 
 
 Sec. 490. Death of plaintiff, enforcing judgment. — The collection 
 of a judgment or decree of a court of record shall not be delayed or 
 hindered, or the lien created by law abate, by reason of the death of 
 any person in whose favor such judgment or decree shall be; but the 
 executor or administrator, the administrator de bonis non, or with 
 the will annexed may cause his letters testamentary or of adminis- 
 tration to be recorded in such court, after which execution may issue 
 and proceeding be had in the name of the executor or administrator 
 as such, in the same manner as if the judgment or decree had been 
 recovered in his name. 
 
 Sec 491. Rights of plaintiffs executors, etc. — When it is necessary, 
 in order to secure the collection of a judgment or decree belonging 
 to any estate, it shall be the duty of the executor or administrator to 
 bid for and become the purchaser of real estate at the sale thereof 
 by the marshal or other officer. The premises so purchased shall 
 be assets in his hands, and may be again sold by him, with the 
 approval of the court appointing him, and the moneys arising from 
 such sale shall be accounted for and paid over as other moneys in 
 his hands. 
 
 Sec 492. Death of defendant, enforcing judgment. — When a per- 
 son shall die after the rendition of a judgment or decree for the 
 payment of money against him is obtained in a court of record, 
 execution may issue against the real estate of such deceased person, 
 or sale may be made under such decree without reviving the judgment 
 or decree against his heirs or legal representatives: Provided, That 
 no execution shall issue or sale be made until after the expiration of 
 twelve months from the death of such deceased person, nor shall any 
 sale be had on any such execution or decree until the person in whose 
 
CODE OF CIVIL. PROCEDURE OF THE CANAL, ZONE. Ill 
 
 favor the judgment or decree if sought to be enforced shall give to 
 the executor or administrator, or if there be neither, the heirs of the 
 deceased, at least two months' notice of the existence of such judg- 
 ment or decree, before issuing execution or proceeding to sell, which 
 notice shall be in writing when the parties required to be notified 
 reside or may be found within the Zone, and their place of residence 
 known, otherwise publication notice shall be given as in this Code 
 provided. 
 
 Sec. 41)3. Property subject to execution. — All goods and chattels, 
 real and personal, including money, majr be taken and sold on execu- 
 tion, except as otherwise provided by law: Provided, That when any 
 officer shall levy an execution on live stock, or other personal property 
 and the same shall not be immediately replevied or restored to the 
 debtor such officer shall provide for the proper care and storage of 
 such personal property and shall provide sufficient sustenance for the 
 support of such live stock until the same shall be replevied, sold or 
 discharged from such execution. Said officer shall receive a reason- 
 able compensation, therefor, to be ascertained and determined by the 
 court out of which the writ issued, or any judge thereof in vacation, 
 to be advanced to him, from time to time, by the plaintiff in the 
 execution, and the amount of such compensation shall be collectible 
 as a part of the costs in the case. 
 
 Sec. 494. Officer may take indemnity bond in doubt fid cases. — If 
 there is reasonable doubt as to the ownership of the goods, or as to 
 their liability to be taken on execution, the officer may require suffi- 
 cient security to indemnify him for taking them. 
 
 Sec 495. Delivery bond. — AVhen personal property is levied upon, 
 or about to be levied upon, if the defendant will give bond with 
 sufficient security, to be approved by the officer, payable to the credi- 
 tor, in double the amount of the execution conditioned to deliver the 
 property levied upon uninjured at the time and place where the same 
 is to be sold, which shall be named in the condition, the marshal may 
 allow the property to remain with the defendant. 
 
 Sec 496. Same.- — If the property is not delivered according to the 
 condition of the bond, the officer having such execution may proceed 
 to execute the same in the same manner as if no levy had been made. 
 
 Sec 497. Same. — If the officer does not obtain satisfaction of the 
 execution, he shall return the bond with such execution, and the 
 creditor shall be allowed to recover thereon the amount of his judg- 
 ment, with interest and cost, or if the value of the property so levied 
 upon shall be shown by the defendant to be less than such judgment 
 and cost, the value thereof, with ten per cent damages for the delay. 
 
 Sec 498. Same. — No second delivery bond shall be taken in behalf 
 of a defendant so failing to comply with the first, nor shall a delivery 
 bond be taken of his surety without the consent of the creditor. 
 
112 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Sec. 499. Advertisement of personal property to be sold. — Before 
 any goods and chattels shall be sold by virtue of any execution, at 
 least ten days' previous notice of such sale shall be given by posting 
 notices thereof in three of the most public places in the circuit where 
 such sale is to be, specifying the time when and place where the same 
 are to be sold. 
 
 Sec 500. Postponement of sale. — The officer may postpone such 
 sale from time to time, not exceeding ten days at one time, whenever, 
 for want of bidders or other good cause, he shall think it for the 
 interest of the parties concerned. Notice of such postponement may 
 be given at the time and place fixed for the sale, or by posting notices 
 as hereinbefore provided, but if the postponement exceed one day he 
 shall post notices thereof. 
 
 Sec 501. Return of execution against personal property. — The 
 officer making such sale, shall, in his return of the execution, par- 
 ticularly describe the goods sold, and the sum for which each article 
 was sold ; and if he is guilty of fraud in the sale or return, he shall 
 be liable in any proper action at the suit of the party injured, for 
 five times the amount of the actual damage sustained by reason of 
 such fraud. 
 
 Sec 502. Levying execution from district court on. real estate. — No 
 execution issued by a district court shall be levied upon real estate, 
 nor shall any redemptions be made under any judgment rendered by 
 a district court, except when the same shall be certified into a court 
 of record, as provided by law. 
 
 Sec 503. Fraudulent withholding of property from execution. — 
 Where it appears by affidavit of the judgment creditor that the debtor 
 fraudulently conceals any specified estates, goods, chattels, or tene- 
 ments nonexempt from execution in order to avoid a levy upon the 
 same, or that he fraudulently refuses to surrender the same, or that 
 the debtor, in anticipation of the levy of an execution, has fraudu- 
 lently removed or concealed his property, the court from which the 
 execution issues may summon the debtor to appear before it and deal 
 with the debtor as in the case of contempt of court. 
 
 Sec 504. What property of married woman exempt from execution 
 against husband. — All real and personal estate belonging to any mar- 
 ried woman at the time of her marriage, or subsequently acquired by 
 her with her own earnings or propert}*, or conveyed to her by any 
 third party, and all the rents, issues and profits thereof, and all com- 
 pensation due and owing for her personal services, is exempt from 
 execution against her husband. 
 
 Sec 505. Property liable to execution. — All goods, chattels, moneys, 
 and other property, both real and personal, or any interest therein 
 of the judgment debtor, not exempt by law, and all property and 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 113 
 
 rights of property seized and held under attachment in the action, 
 shall be liable to execution. Shares and interest in any corporation 
 or company, and debts, credits, and all other property, both real and 
 personal, or any interests in either real or personal property, and all 
 other property not capable of manual delivery, may be attached on 
 execution, in like manner as upon writs of attachment. 
 
 Sec. 506. Exemptions from executions. — The following property 
 shall be exempt from attachment and execution, except as herein 
 otherwise provided: 
 
 1. The debtor's homestead, in which he resides, and land neces- 
 sarily used in connection therewith, both not exceeding in value two 
 hundred dollars; 
 
 2. Tools and implements necessarily used by him in his trade of 
 employment ; 
 
 3. Two domestic animals such as the debtor may select, not exceed- 
 ing one hundred dollars in value, and necessarily used by him in his 
 ordinary occupation ; 
 
 4. His necessary clothing, and that of all his family ; 
 
 5. Household furniture and utensils necessary for house keeping 
 and used for that purpose by the debtor, such as the debtor may 
 select, of a value not exceeding fifty dollars; 
 
 6. Provisions actualty provided for individual or family use suffi- 
 cient for three months ; 
 
 7. The professional libraries of lawyers, judges, clergymen, doctors, 
 school teachers, and music teachers, not exceeding two hundred and 
 fifty dollars in value ; 
 
 8. One fishing boat and net, not exceeding the total value of 
 twenty-five dollars, the property of any fisherman by the lawful use 
 of which he earns a livelihood ; 
 
 9. Lettered gravestones. 
 
 But no articles or species of property mentioned in this section 
 shall be exempt from execution issued upon a judgment recovered 
 for its price or upon a judgment of foreclosure of a mortgage thereon. 
 All property other than as hereinbefore stated is subject to execu- 
 tion. 
 
 Sec. 507. Claims by third persons to property levied on. — Property 
 levied on can be claimed by a third person as his property, by a 
 written claim, verified by the oath of such claimant, setting out his 
 title thereto, his right to possession, stating the grounds of such title, 
 and served upon the marshal, or his deputy, or officer making the levy. 
 The officer in such case is not bound to keep the property, unless the 
 plaintiff, or the person in whose favor the writ of execution runs, 
 on demand, indemnify the officer against such claim b}^ an obligation, 
 
114 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 signed by the plaintiff, with good and sufficient surety, and no claim 
 to such property shall be valid against the officer, or shall be received 
 or be notice of any rights against him unless made as herein pro- 
 vided; but nothing herein contained shall prevent such third person 
 from vindicating his claim to the property by any proper action. 
 
 Sec. 508. Claim by debtor that property is exempt from execu- 
 tion. — The defendant by a similar proceeding may also claim that the 
 property is exempt from execution, and the officer shall not be com- 
 pelled to take it unless the plaintiff indemnify him as provided in the 
 last section. 
 
 Sec 509. Executions between same parties. — Executions between 
 the same parties, issued in their individual rights, may be set off 
 against each other, under direction of the court. 
 
 Sec 510. Several executions against same property. — Where sev- 
 eral executions are levied upon property, the same shall be sold under 
 the first execution, and the proceeds of the sale shall be devoted to 
 the discharge of the several executions in the order in w T hich they 
 have become liens. 
 
 Sec 511. Execution against several made out of the property of 
 one. — When property liable to an execution against several persons is 
 sold thereon, and more than a due proportion of the judgment is satis- 
 fied 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 a 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 repay- 
 ment from the principal. 
 
 Sec 512. Who may execute the officer's deed. — In case of the death 
 of the officer making the sale, before the expiration of the period of 
 redemption, the deed may be executed by his successor in office. In 
 case the officer's term of office expires before the termination of the 
 period of redemption, he may execute the deed at the expiration 
 of such period notwithstanding he has ceased to remain in office, and 
 such deed shall have the same validity as though he had continued 
 in the office. 
 
 Chapter XXIII. 
 
 PROCEEDINGS. SUPPLEMENTARY TO THE EXECUTION. 
 
 Sec 513. Right of judgment creditor to examine debtor when exe- 
 cution returned unsatisfied. — When an execution against property 
 of a judgment debtor, or of any one of several debtors in the same 
 judgment, issued to the marshal or his deputy, for the circuit where 
 the defendant resides, or, if he do not reside in the circuit, to the mar- 
 shal or his deputy of the circuit where the judgment was rendered, is 
 
CODE OF CIVIL PEOCEDUKE OF THE CANAL ZONE. 115 
 
 returned unsatisfied, in whole or in part, the judgment creditor, at 
 any time after such return is made, shall be entitled to an order from 
 a judge of the Circuit Court of the circuit wherein the judgment was 
 rendered, requiring such judgment debtor to appear and answer 
 concerning property before such judge, or a referee appointed by him, 
 at a time and place specified in the order; but no judgment debtor 
 must be required to attend before a judge or referee out of the cir- 
 cuit in which he resides or is found. 
 
 Sec. 514. Method of obtaining such examination. — After the 
 issuing of execution against property and upon proof, b}^ affidavit 
 of a party or otherwise, to the satisfaction of the judge, that any 
 judgment debtor has property which he unjustly refuses to apply 
 towards the satisfaction of the judgment, such judge may, by an 
 order, require the judgment debtor to appear at a specified time 
 and place, before such judge, or a referee appointed by him, to 
 answer concerning the same; and such proceedings may thereupon 
 be had for the application of the property of the judgment debtor 
 toward the satisfaction of the judgment as hereinafter prescribed. 
 Instead of the order requiring the attendance of the judgment 
 debtor, the judge may, upon affidavit of the judgment creditor, his 
 agent or lawyer, if it appear to him that there is danger of the 
 debtor absconding, order the officer to arrest the debtor, and bring 
 him before such judge. Upon being brought before the judge, he 
 may be ordered to enter into an undertaking, with sufficient surety, 
 that he will attend from time to time before the judge or referee, 
 as may be directed, during the pendency of the proceedings, and 
 until final termination thereof, and will not in the meantime dispose 
 of any portion of his property not exempt from execution. In 
 default of entering into such undertaking, he may be committed to 
 prison as for contempt. 
 
 Sec 515. Examination of debtor of judgment debtor, etc. — After 
 the return of an execution against the property of a judgment debtor, 
 or of one of the several debtors in the same judgment, unsatisfied 
 in whole or in part, and upon proof, in writing, and by affidavit 
 or otherwise, to the satisfaction of the judge, that a person or cor- 
 poration has property of such judgment debtor or is indebted to 
 him, the judge may, by an order, require such person or corporation, 
 or any officer or member of the corporation to appear at a specified 
 time and place, within the circuit in which such person or corpora- 
 tion is served with the order, and answer concerning the same; the 
 service of the order shall bind the property in the possession or 
 under the control of such person or corporation from the time of 
 service; and the person or corporation so served with the order 
 shall be liable to the judgment creditor for all property, money, 
 and credits in his hands belonging to the judgment debtor, or due 
 
IK) CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 to him from such person or corporation, from the time of service; 
 and the person or corporation so served with the order shall be liable 
 to the judgment creditor for all property, money, and credits in his 
 hands belonging to the judgment debtor, or due to him from such 
 person or corporation, from the time of service and the judge may 
 also require notice of such proceeding to be given to any party to 
 the action, in such manner as may seem to him proper. 
 
 Sec. 516. Reference by a judge. — The judge may, in his discre- 
 tion, order a reference to a referee agreed upon or appointed by him 
 to report the evidence or the facts. 
 
 Sec 517. Proceedings to compel attendance. — A party or witness 
 maj 7 be compelled by an order of the judge, or a subpoena, to attend 
 before a judge or referee to testify. If a person, party, or witness 
 disobeys an order of tlie judge, court, or referee duly served, he may 
 be punished as for contempt; and such referee may at his discretion, 
 report the case to the court or judge, and such court or judge may 
 punish for contempt the persons or party or witness so disobeying. 
 
 Sec 518. Proceedings may be continued. — The judge or referee 
 acting under the provisions of this chapter, may continue his pro- 
 ceedings from time to time, until they are completed. 
 
 Sec 519. Proceedings before a referee. — If the examination is be- 
 fore a referee, it must be taken by the referee in writing and certified 
 to the judge. All examinations and answers before a judge or referee 
 must be on oath. When a corporation answers, the answer must 
 be on the oath of an officer thereof. 
 
 Sec 520. Debtor may pay execution against creditor. — After the 
 issue of an execution against property, a person indebted to the judg- 
 ment debtor may pay to the officer holding the execution the amount 
 of his debt, or so much thereof as may be necessary to satisfy the 
 execution; the officer's receipt shall be a sufficient discharge for the 
 amount so paid, or directed to be credited by the judgment creditor 
 on the execution. 
 
 Sec 521. Judge may order property to be applied on execution. — 
 The judge may order any property of the judgment debtor or money 
 due to him, not exempt by law, in the hands either of himself or the 
 person, or the corporation, to be applied toward the satisfaction of 
 the judgment; but the earnings of the debtor for his personal services 
 at any time within one month preceding the order can not be applied 
 when it is made to appear by the affidavit of the debtor, or other- 
 wise, that such earnings are necessary for the use of a family sup- 
 ported wholly or in part by his labor. 
 
 Sec 522. Judge may appoint receiver and prohibit transfers, and 
 so forth. — The judge may, by order, appoint the marshal, or his 
 deputy of the proper circuit, or other suitable person, a receiver of 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 117 
 
 the property of the judgment debtor; and he may also, by order, 
 forbid a transfer or other disposition of, or any interference with, the 
 property of the judgment debtor not exempt by law. 
 
 Sec. 523. Liability of officer on official bond. — If the marshal, or 
 his deputy, be appointed receiver, he and his sureties shall be liable 
 on his official bond as such receiver; but, if another person be ap- 
 pointed, he shall give an undertaking or bond as in other cases of 
 receivers. 
 
 Sec 524. Proceedings when the judgment debtor has interest in 
 real estate as mortgagee or mortgagor, or otherwise.— If it appears 
 that the judgment debtor has an interest in real estate, in the circuit 
 in which proceedings are had, as mortgagee or mortgagor, or other- 
 wise, and his interest can be ascertained as between himself and the 
 person holding the legal estate, or the person having a lien on or 
 interest in the same, without controversy as to the interest of such 
 person holding such legal estate or interest therein, or lien on the 
 same, the receiver may be ordered to sell and convey such real estate 
 or the interest of the debtor therein; such sale shall be conducted in 
 all respects in the same manner as is provided for the sale of real 
 estate upon execution; and the proceedings of such sale shall, before 
 the execution of the deed, be approved by the court in which the 
 judgment was rendered. 
 
 Sec 525. Proceedings when indebtedness denied or another claims 
 the property. — If it appears that a person or corporation, alleged 
 to have property of the judgment debtor or to be indebted to him, 
 claims an interest in the property adverse to him or denies the debt, 
 the court or judge may authorize, by an order made to that effect, 
 the judgment creditor to institute an action against such person or 
 corporation for the recovery of such interest or debt, and the court 
 or judge may, by order, forbid a transfer or other disposition of 
 such interest or debt until an action can be commenced and prose- 
 cuted to judgment, and may punish disobedience of such order as 
 for contempt. Such order may be modified or vacated by the judge 
 granting the same, or by the court in which the action is brought 
 at any time, upon such terms as may be just. 
 
 Chapter XXIV. 
 
 COSTS IN THE SEVERAL COURTS. 
 
 Sec 526. Costs ordinarily follow result of suit. — Costs shall ordi- 
 narily be allowed to the prevailing party as a matter of course, 
 but the court shall have power, for special reasons, to adjudge that 
 either party shall pay the costs of an action, or that the same be 
 divided, as may be equitable. 
 
118 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Sec. 527. When action dismissed for want of jurisdiction. — If an 
 action is dismissed for want of jurisdiction, courts nevertheless shall 
 have power to render judgment for costs as justice may require. 
 
 Sec 528. Lawyer's fees as costs. — No lawyer's fees shall be taxed 
 as costs against the adverse party, except as herein specially pro- 
 vided. But this section shall have no relation to the fees to be. 
 charged by a lawyer as against his client. 
 
 Sec 529. Restriction of costs. — If the plaintiff in any action shall 
 recover a sum not exceeding five dollars as debt or damages, he 
 shall recover no more costs than debt or damages, unless the court 
 shall certify that the action involved a substantial and important 
 right to the plaintiff, in which case full costs may be allowed, not- 
 withstanding the debt or damages do not exceed five dollars. 
 
 Sec 530. Costs in District Courts. — In an action pending before 
 a district judge, the plaintiff may recover the following costs, and 
 no others: 
 
 For the complaint, fifty cents. 
 
 For the attendance of himself, or his counsel, or both, on the day 
 of trial, fifty cents. 
 
 For each additional day's attendance required in the actual trial 
 of the case, twenty-five cents. 
 
 For each witness produced by him, for each day's necessary at- 
 tendance at the trial, the witness' lawful fees. 
 
 For each deposition lawfully taken by him and produced in evi- 
 dence, two dollars and fifty cents. 
 
 For original documents, deeds, or papers of any kind produced by 
 him, nothing. 
 
 For official copies of such documents, deeds, or papers, the lawful 
 fees necessarily paid for obtaining such copies. 
 
 The lawful fees paid by him for service of the summons and other 
 process in the action. 
 
 The lawful fees charged against him by the court in trying the 
 action. 
 
 If the judgment is for the defendant, he may recover the follow- 
 ing costs, and no others : 
 
 For the attendance of himself, or his counsel, or both, on the day 
 of trial, fifty cents. 
 
 For each additional day's attendance required in the actual trial 
 of the case, fifty cents. 
 
 For each witness produced by him, for each day's necessary attend- 
 ance at the trial, the witness' lawful fees. 
 
 For each deposition lawfully taken by him and produced in evi- 
 dence, two dollars and fifty cents. 
 
 For original documents, deeds, or papers of any kind produced by 
 
 him, nothing. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 119 
 
 For official copies of such deeds or papers, the lawful fees neces- 
 sarily paid for obtaining such copies. 
 
 The lawful fees paid by him for service of any process in the 
 action. 
 
 Sec. 531. Costs in Circuit Court. — In an action pending in a Cir- 
 cuit Court, the prevailing party may recover the following costs and 
 no others : 
 
 For the complaint or answer, four dollars. 
 
 For his own attendance and that of his lawyers, down to and 
 including final judgment, ten dollars. 
 
 For each witness necessarily produced by him, for each day's nec- 
 essary attendance of such witness at the trial the witness' lawful fees. 
 
 For each deposition lawfully taken by him, and produced in 
 evidence, two dollars and fifty cents. 
 
 For original documents, deeds, or papers of any kind produced by 
 him, nothing. 
 
 For official copies of such documents, deeds, or papers, the lawful 
 fees necessarily paid for obtaining such copies. 
 
 The lawful fees paid by him for the service of any process in the 
 action, and all lawful clerk's fees paid by him. 
 
 Sec 532. Costs in Supreme Court. — In an action pending in the 
 Supreme Court, the prevailing party may recover the following costs 
 and no others : 
 
 For his own attendance, and that of his lawyers, down to and 
 including final judgment, twenty dollars. 
 
 For official copies of bills of exception and the printing thereof, 
 and all other copies required by rules of court, the sum actually paid 
 for the same, within the limits to be established by rules of the 
 Supreme Court. 
 
 All lawful fees charged against him by the clerk of a Supreme 
 Court, in entering and docketing the action and recording the judg- 
 ment therein and for the issuing of all process. 
 
 No allowance shall be made to the prevailing party in the Supreme 
 Court for the brief or written or printed arguments of his lawyer, 
 or copies thereof, aside from the twenty dollars above stated. 
 
 If testimony is received in the Supreme Court, not taken in an- 
 other court and transmitted thereto, the prevailing party shall be 
 allowed in the Supreme Court the same costs for witness fees, depo- 
 sitions, and process and service thereof as he would have been allowed 
 for such items had the testimony been introduced in a Circuit Court. 
 
 The lawful fees of referees and commissioners in an action may 
 also be taxed against the defeated party, or a portion, as justice 
 requires. 
 
120 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Chapter XXV. 
 
 PROCEEDINGS IN SUPREME COURT. 
 
 General procedure of the Supreme Court and procedure on hills of 
 
 exception. 
 
 Sec. 533. General procedure in tic- Supreme Court. — The Supreme 
 Court may, in the exercise of its appellate jurisdiction, affirm, reverse, 
 or modify any final judgment, order, or decree of a Circuit Court, 
 regularly entered in the Supreme Court by bill of exceptions, ap- 
 peals, or writ of error, and may direct the proper judgment, order, or 
 decree to be entered, or direct a new trial, or further proceedings to 
 be had, and if a new trial shall be granted, the court shall pass upon 
 and determine all the questions of law involved in the case presented 
 by such bill of exceptions and necessary for the final determination 
 of the action. 
 
 Sec 534. Hearings confined to matters of law, with certain excep- 
 tions. — In hearings upon appeals, in civil actions and special pro- 
 ceedings, the Supreme Court shall not review the evidence taken in 
 the court below, nor re-try the questions of fact, except as in this sec- 
 tion hereinafter provided ; but shall determine only questions of law 
 raised by the bill of exceptions. But the Supreme Court may review 
 the evidence taken in the court below, and affirm, reverse, or modify 
 the judgment there rendered, as justice may require, in the following 
 cases : 
 
 1. If before the final determination of an action pending in the 
 Supreme Court on bill of exceptions, new and material evidence be 
 discovered by either party, which could not have been discovered be- 
 fore the trial in the court below by the exercise of due diligence, and 
 which is of such a character as probably to change the result, the 
 Supreme Court may receive and consider such new evidence, together 
 with that adduced on the trial below, and may grant or refuse a new 
 trial, or render such other judgment as ought, in view of the whole 
 case, to be rendered, upon such terms as it may deem just. The party 
 seeking a new trial, or the reversal of the judgment on the ground of 
 newty discovered evidence, may petition the Supreme Court for such 
 new trial, and shall attach to the petition affidavits shoAving the facts 
 entitling him to a new trial and newly discovered evidence. Upon 
 the filing of such petition in the Supreme Court, the court shall, on 
 notice to both parties, make such order as to taking further testimony 
 by each party, upon the petition either orally or in court, or by depo- 
 sitions, upon notice as it may deem just. The petition, with the evi- 
 dence, shall be heard at the same time as the bill of exceptions; 
 
 2. If the excepting party file a motion in the Circuit Court for a 
 new trial, upon the ground that the findings of facts are plainly and 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 121 
 
 manifestly against the weight of evidence, and the judge overrule 
 paid motion, and due exception be taken to his order overruling the 
 same, the Supreme Court may review the evidence and make such 
 finding upon the facts, and render such final judgment, as justice and 
 equity require. But, if the Supreme Court shall be of the opinion 
 that this exception is frivolous and not made in good faith, it may 
 impose double or treble additional costs upon the excepting party 
 and may order them to be paid by the counsel prosecuting the bill of 
 exceptions, if in its opinion justice so requires. 
 
 Sec. 535. Procedure on appeal from special proceedings. — On ap- 
 peal from special proceedings had before a Circuit Court, the 
 Supreme Court shall determine the questions of fact from the evi- 
 dence certified from the judge or court below, and shall also decide 
 all questions of law arising upon the appeal. But, if the appeal 
 involves such a number of items of account as to render the re- 
 examination of the evidence by the Supreme Court inconvenient and 
 undul}* burdensome, the court may refer the accounting to a com- 
 missioner to be appointed by it, who shall be thoroughly competent 
 to adjust complicated accounts. The commissioner shall have power 
 to administer oaths, and to re-examine all controverted items of the 
 account, upon the testimony already taken and certified from the 
 judge or court below, and upon such further testimony as the Su- 
 preme Court shall for special reasons authorize. He shall be sworn 
 to a faithful performance of his duties as commissioner and shall 
 have power to issue subpoenas for witnesses. He shall state the 
 items of the account as allowed or disallowed, and report to the court 
 his findings of facts and his allowances or disallowances, and his 
 rulings upon all questions of law, and shall return to the court all 
 testimony taken by him. The court shall thereupon render, upon 
 notice and hearing, such judgment as justice requires, in view of the 
 findings of the commissioner and of the evidence. The court shall 
 not be bound by his findings, but may review the evidence, or may 
 recommit the report to the same or another commissioner for further 
 findings, if justice so requires. The final judgment of the Supreme 
 Court in such special proceedings shall be certified to the Circuit 
 Court immediately upon its rendition, and shall be conclusive. 
 
 Sec 536. Judge failing to sign exceptions, how compelled. — If 
 from any cause the bill of exceptions is not certified by the judge of 
 the court below, without fault of the party tendering the bill of 
 exceptions, such party, or his attorney, may apply at the next term 
 of the Supreme Court, and on petition obtain from said court a man- 
 damus directed to the judge : 
 
 1. Such petition must set out substantially the bill of exceptions 
 tendered, and shall be verified by oath by the lawyer as to the truth 
 
122 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 of the bill of exceptions as tendered by the party or his lawyer and as 
 to the other facts stated thereon; 
 
 2. Upon the filing of such petition, the Supreme Court shall issue 
 a mandamus directed to the judge of the Circuit Court requiring him 
 forthwith to make return of his reasons for not certifying the bill of 
 exceptions, and the judge shall forthwith make such return, and the 
 Supreme Court shall hear the original parties and determine the 
 validity of the reasons given by the judge for his failure or refusal ; 
 
 3. If the reasons be insufficient, or the judge fails or refuses to 
 make any return to the mandamus, the Supreme Court shall issue a 
 mandamus absolute, commanding the judge to sign and certify the 
 bill of exceptions, as set forth in the petition or as modified by the 
 Supreme Court ; 
 
 4. If he still refuses to do so, the cause shall be heard by the 
 Supreme Court on the exceptions as verified in the petition for 
 mandamus ; 
 
 5. In the hearing upon the judge's return, as provided in subdi- 
 vision two of this section, the Supreme Court may, in its discretion, 
 receive other testimony than the judge's return, in determining the 
 validity of the reasons given by the judge for his failure or refusal to 
 sign the bill of exceptions. 
 
 Sec 537. Dismissal of bills of exception. — Bills of exception may 
 be dismissed with costs, when it appears upon the face thereof that the 
 Supreme Court has not jurisdiction, or that the action has not been 
 properly brought to that court by bill of exceptions, or that the ex- 
 ceptions have not been allowed by the judge of the Circuit Court or 
 for unreasonable failure to prosecute or perfect the bill of exceptions. 
 But no such dismissal shall be made for purely formal defects not 
 affecting the rights of the parties, nor for any defect which can be re- 
 moved, and the Supreme Court shall give such reasonable time as may 
 be necessary to remove such defect, if it can be removed. Nor shall 
 such dismissal be made as a penalty upon lawyer or client for non- 
 compliance with any rule or rules of the court, where there has been a 
 substantial compliance with the law prescribing the method of bring- 
 ing actions into the Supreme Court; nor for any want of technical 
 conformity to the laws or rules regulating the practice of carrying 
 cases to that court, where there is enough in the bill of exceptions pre- 
 sented to enable the court to ascertain substantially the real questions 
 presented in the case which the parties seek to have decided therein; 
 nor shall such dismissal be granted whereby an amendment to the 
 bill of exceptions, which is hereby declared to be lawful and allowable, 
 and imperfections or omissions of necessary and proper allegations, 
 could be corrected from the record in the case. 
 
 Sec. 538. Incomplete record, how corrected. — If at any time when 
 a case is called for trial, or during the trial, or afterwards, while the 
 
CODE OP CIVIL PROCEDURE OF THE CANAL ZONE. 1 28 
 
 Supreme Court may have the same under consideration, it is dis- 
 covered that the record is so incomplete that justice requires the case 
 to be postponed until the record can be made complete, the court shall 
 postpone the further consideration of the same and make such order 
 as may be proper and necessary to complete the record, in the interests 
 of justice. But the court may dismiss a bill of exceptions for failure 
 of the excepting party within a reasonable time to comply with the 
 orders made for the perfection of the bill of exceptions. 
 
 Sec. 539. Effect of dismissing hill of exceptions. — The dismissal of 
 a bill of exceptions by the Supreme Court will leave the action as 
 though no bill of exceptions had ever been filed, and the judgment of 
 the Circuit Court may be enforced at any time after such dismissal. 
 But the execution shall include additional costs allowed by the Su- 
 preme Court upon the dismissal of the bill of exceptions. 
 
 Sec 540. Judgment not to be reversed on technical grounds. — No 
 judgment shall be reversed on formal technical grounds or for such 
 error as has not prejudiced the real rights of the excepting party. 
 
 Sec. 541. May order trial before another judge. — Whenever a judg- 
 ment of a Circuit Court shall be reversed and a new trial be ordered, 
 the Supreme Court may assign one of its own members, or any judge 
 of another Circuit Court, to hear the action upon the new trial, in- 
 stead of the judge whose judgment has been vacated, if, in the opinion 
 of the Supreme Court, fairness to the parties requires such order. 
 
 Sec. 542. Procedure upon new trial. — In a new trial ordered by the 
 Supreme Court, all the evidence taken upon the former trial which 
 is competent and admissible shall be used upon the new trial without 
 retaking; but additional evidence may be presented upon the second 
 trial by either party. 
 
 Sec. 543. Certificate of judgment to be remitted to the Circuit 
 Court. — In all cases heard by the Supreme Court on bills of excep- 
 tion, its judgments shall be remitted to the Circuit Courts from which 
 the actions respectively came into the Supreme Court; and for this 
 purpose it shall be the duty of the clerk of the Supreme Court, within 
 ten days after the close of any term, to remit to the clerks of the 
 Circuit Courts, notices of all judgments of the Supreme Court in 
 actions brought from the Circuit Courts respectively. Upon receiv- 
 ing the notice so remitted, the clerk of the Circuit Court shall enter 
 the same upon his docket and file the notice with the other papers in 
 the action. 
 
 The judgment so remitted shall be executed by the Circuit Court 
 in the same manner as though the action had not been carried to the 
 Supreme Court. But the Supreme Court may, by special order, 
 direct any particular judgment to be remitted to the proper Circuit 
 Court at any time, without awaiting the end of the term. 
 
124 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Sec. 544. The clerk of the Circuit Court to give notice of judg- 
 ments remitted. — It shall be the duty of the clerks of the Circuit 
 Courts, upon receiving notice of any judgment remitted by the Su- 
 preme Court, immediately in writing, to notify the counsel of all 
 parties of the judgment that has been received. 
 
 Sec. 545. Copy of opinion certified to court below. — In all cases 
 in which the Supreme Court shall reverse the judgment of the court 
 below, and remand the action to be proceeded with in such court, 
 by a new trial or otherwise, the clerk of the Supreme Court shall 
 prepare and certify a copy of the opinion of the Supreme Court in 
 the action, and send it with the certificate of the judgment rendered 
 in the action by the Supreme Court, to the clerk of the court from 
 which the action was brought, or to which it may be remanded ; and 
 the fees of the clerk for certifying the opinion shall be a part of the 
 taxable costs of the case in the Supreme Court; and the copy of the 
 opinion furnished shall be preserved by the clerk to whom it is deliv- 
 ered, for the use of the court and parties. 
 
 Sec 546. Excepting party not entitled to reversal as to another. — 
 In all actions, civil and criminal, a judgment excepted to may be 
 affirmed as to some of the excepting parties, and reversed as to others ; 
 and one of several excepting parties shall not be entitled to a judg- 
 ment of reversal because of an error in the judgment against another 
 not affecting his rights in the case; and when a judgment shall be 
 affirmed as to some of the excepting parties and reversed as to others 
 the case shall thereafter be proceeded with, so far as necessary, as 
 if separate actions had been begun and prosecuted ; and execution of 
 the judgment of affirmance may be had accordingly, and costs may be 
 adjudged in such cases, as the Supreme Court shall deem proper. 
 
 Sec. 547. Interest on judgment affirmed. — When the Supreme 
 Court shall affirm a judgment of a court below, for the recovery of 
 money, or shall reverse a judgment of a court below, and award a 
 sum of money as debt or damages, it shall direct that interest be 
 added to the original judgment or sum determined to be due, from 
 the date of the former judgment until the date of the final judgment, 
 at the rate of six per cent per annum. 
 
 Sec. 548. Extraordinary orders enforced by lower court, when. — 
 When judgments are rendered in injunction or other extraordinary 
 cases, the judges of the Circuit Court are clothed with the power to 
 give immediate effect to them either in term time or in vacation, after 
 the judgment of the Supreme Court has been remitted to the Circuit 
 Court as above provided. 
 
 Sec. 549. Bills of exception to be printed. — The Supreme Court 
 may cause ten copies of all bills of exceptions to be printed, for the 
 use of the judges and all counsel in the case. The expense of print- 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 125 
 
 ing shall be paid primarily by the excepting party, ;md shall be taxed 
 as a part of costs in the case. 
 
 Chapter XXVI. 
 
 PROCEEDINGS OF SUPREME COURT IN THE EXERCISE OF ITS ORIGINAL 
 
 JURISDICTION. 
 
 Sec. 550. Procedure in cases of default caused by fraud, accident, 
 or mistake.— When a judgment is rendered by a Circuit Court upon 
 default, and a party thereto is unjustly deprived of a hearing by 
 fraud, accident, mistake, or excusable negligence, and the Circuit 
 Court which rendered the judgment has finally adjourned so that no 
 adequate remedy exists in that court, the party so deprived of a 
 hearing may present his petition to the Supreme Court within sixty 
 days after he first learns of the rendition of such judgment, and not 
 thereafter, setting forth the facts and praying to have such judg- 
 ment set aside. The court shall summarily on notice to both parties 
 hear such petition, upon oral or written testimony as it shall direct, 
 and the judgment shall be set aside and a trial upon the merits 
 granted, upon such terms as may be just, if the facts set forth in the 
 complaint are found to be true, otherwise the complaint shall be dis- 
 missed with costs. 
 
 If a trial on the merits is granted, the order shall forthwith be 
 certified to the Circuit Court. Pending such petition, any judge of 
 the Supreme Court for cause shown, may order a suspension of fur- 
 ther proceedings to enforce the judgment complained of, upon taking 
 sufficient security from the petitioner for all costs and damages that 
 may be awarded against him in case the petition is dismissed. 
 
 'Sec. 551. Procedure in certiorari. — The Supreme Court shall have 
 concurrent jurisdiction with the Circuit Court in certiorari proceed- 
 ings over any other inferior tribunal, board, or officer exercising 
 judicial functions that has exceeded the jurisdiction of such tribunal, 
 board, or officer and where there is no appeal or any plain, speedy, or 
 adequate remedy, and shall likewise have original jurisdiction by 
 certiorari proceedings over the proceedings of Circuit Courts wher- 
 ever said courts have exceeded their jurisdiction, and there is no 
 plain, speedy and adequate remedy by bill of exception, or appeal, or 
 otherwise. The proceedings of the Supreme Court in certiorari pro- 
 ceedings shall be the same as those provided for such proceedings 
 for Circuit Courts. 
 
 Sec. 552. Procedure in mandamus. — The Supreme Court shall have 
 concurrent jurisdiction with the Circuit Courts in all cases where 
 any inferior tribunal, corporation, board, or person unlawfully neg- 
 lects the performance of an act which the law specially enjoins as 
 a duty resulting from an office of trust or station, or unlawfully 
 SOMa— 07— m 9 
 
1:2<> CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 deludes the plaintiff from the use and enjoyment of a right or office 
 to which he is entitled, and from which he is unlawfully excluded 
 >y such inferior tribunal, corporation, board, or person, and also 
 :shall have original jurisdiction over Circuit Courts and judges 
 thereof wherever said court or judge unlawfully neglects the per- 
 formance of a duty which the law specifically or specially enjoins 
 as a duty imposed upon such court or judge. The procedure of the 
 Supreme Court in mandamus proceedings shall be the same as those 
 provided for mandate in this Code. 
 
 Sec. 553. Prohibition. — The Supreme Court shall have concurrent 
 jurisdiction with Circuit Courts over inferior tribunals, corporations, 
 boards, or persons, whether exercising functions judicial or minis- 
 terial, which are without or in excess of the jurisdiction of such 
 tribunal, corporation, board, or person, and also have original juris- 
 diction over Circuit Courts when such courts are exercising func- 
 tions without or in excess of their jurisdiction. The proceedings 
 of the Supreme Court in prohibition shall be the same as those pro- 
 vided for prohibition in this Code. 
 
 Sec. 554. Preliminary injunctions in certiorari, mandate, prohibi- 
 tion proceedings. — In certiorari, mandamus, and prohibition proceed- 
 ings an injunction may be granted by any judge of the Supreme 
 Court, if in his judgment such injunction is necessary for the pres- 
 ervation of the rights of the parties pending litigation. 
 
 Sec. 555. Expediting such proceedings. — The court may, in its 
 discretion, make such orders as it deems necessary for expediting 
 proceedings in petitions for certiorari, mandamus, or prohibition 
 proceedings. 
 
 Sec. 556. Quo warranto. — The Supreme Court shall have con- 
 current jurisdiction with Circuit Courts over actions brought by 
 treason of the usurpation of a public civil office, or franchise, or an 
 -office in a corporation created by authority of the government of 
 the Canal Zone without being legally incorporated, or without law- 
 ful authority to do so; and over corporations that have forfeited 
 their privileges and franchise by a nonuser, and when they have 
 committed or omitted an act which amounts to a surrender of their 
 corporate rights, privileges, or franchises, or when they have misused 
 a franchise, privilege, or right conferred upon them.by law, or when 
 they have exercised a franchise, privilege, or right in contravention 
 of law. Its proceedings in the exercise of this original jurisdiction 
 shall be in accordance with the provisions of this Code. 
 
 Chapter XXVII. 
 
 the clerk or the supreme court and his duties. 
 
 Sec. 557. .The clerk. — The clerk of the Supreme Court shall care- 
 fully keep a minute of the proceedings of the court for each day, 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 127 
 
 drawn up in a record book to be kept by him for that purpose; he 
 shall seasonably record the judgments, decrees, orders, and decisions 
 of the court. He shall safely keep all records, files, books, and papers 
 committed to his charge, including the library of the Supreme Court 
 and also all seals and furniture belonging to his office, and deliver 
 such records, files, books, seals, and furniture to his successor in office ; 
 and in case of refusal or failure to deliver whatever belong to his office 
 to his successor, his bondsmen shall be holden for such refusal or 
 failure; he shall prepare for any person demanding the same, a 
 certified copy of any paper, record, decree, judgment, or entry on 
 file in his office, proper to be certified, for the fees prescribed by 
 law. He shall issue all ordinary process incident to proceedings in 
 the Supreme Court, not including injunctions, appointment of re- 
 ceivers and other extraordinary functions appertaining to the court 
 or judge only. The transcript filed in the Supreme Court, the process 
 in each case, and the judgment or decree entered therein shall be 
 the final record in the cause in the Supreme Court, certified as such 
 by the clerk whenever an exemplification of a judgment or a decree 
 of the court may be required. 
 
 Sec. 558. Dockets. — It shall be the duty of the clerk of the court 
 to make out and keep a general docket or register of actions and 
 proceedings wherein all actions and proceedings, civil and criminal, 
 shall be entered and numbered consecutively in the order in which 
 they are received. He shall enter upon his docket, under the head 
 of each action or proceeding, in brief form, a note of everything 
 done therein. He shall also prepare and keep such other books as 
 the court shall direct. 
 
 Chapter XXVIII. 
 
 SPECIAL PROCEEDINGS. 
 
 Power of judge or court in special proceedings. 
 
 Sec. 559. Any act required or authorized to be performed by a 
 Circuit Court in special proceedings may be performed by the judge 
 thereof, and the orders, judgments, and decrees made by him as 
 judge at any time, within his jurisdiction, in such proceedings, shall 
 be equally effective as though made in open court at a regular session 
 thereof. 
 
 Chapter XXIX. 
 
 PROCEEDINGS IN HABEAS CORPUS. 
 
 Sec. 560. To what habeas corpus extends. — The writ of habeas 
 corpus shall extend to all cases of illegal confinement or detention 
 by which any person is deprived of his liberty, or by which the 
 
128 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 rightful custody of any person is withheld from the person entitled 
 thereto, except in cases expressly excepted. 
 
 Sec. 561. Who may grant the writ. — The writ of habeas corpus 
 may be granted by the Supreme Court, or any judge thereof, in 
 term time or in vacation, and if so granted it shall be enforceable 
 anywhere in the Canal Zone, and it shall be enforceable before the 
 court or any judge thereof. It may also be granted by a Circuit 
 Court, or a judge thereof, in term time or in vacation, and returnable 
 before himself, enforceable within the Canal Zone. 
 
 Sec 562. Requisites of application therefor. — Application for the 
 writ shall be by petition signed and verified either by the party for 
 whose relief it is intended, or by some person for him, and shall 
 specify : 
 
 1. That the person in whose behalf the application is made is 
 imprisoned or restrained of his liberty ; 
 
 2. The officer or name of the person by whom he is so confined or 
 restrained or, if both are unknown or uncertain, he may be described 
 by an assumed appellation, and the person who is served with the 
 writ shall be deemed the person intended ; 
 
 3. The place where he is so imprisoned or restrained, if known; 
 
 4. A copy of the commitment or cause of detention of such person 
 shall be exhibited, if it can be procured, without impairing the 
 efficiency of the remedy ; or, if the imprisonment or detention is with- 
 out any legal authority, such fact shall appear. 
 
 Sec 563. When the writ shall not be allowed. — If it appears that 
 the person alleged to be restrained of his liberty is in custody of 
 an officer under process issued by a court or magistrate, or by virtue 
 of a judgment or order of a court of record, and that the court or 
 magistrate had jurisdiction to issue the process, render the judgment, 
 or make the order, the writ shall not be allowed ; or if no jurisdic- 
 tion appear after the writ is allowed, the person shall not be dis- 
 charged by reason of any informality or defect in the process, 
 judgment, or order. 
 
 Sec 564. Not to apply in certain cases. — Nothing in this chapter 
 shall authorize the discharge of any person convicted of an offense, 
 or charged with an offense, committed in any other part of the Canal 
 Zone,or in any part of the United States, and who, agreeably to law, 
 ought to be delivered up to the executive power of the United States 
 or of any State thereof, where the offense is charged to have been 
 committed; nor of any person suffering imprisonment under lawful 
 judgment. 
 
 Sec 565. When the writ must be granted. — A judge or a court 
 authorized to grant a writ must, when a petition therefor is pre- 
 sented, if it appear that the writ ought to issue, grant the same 
 forthwith. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 12^ 
 
 Sec. 566. Who to issue the writ. — The writ, upon its allowance, 
 shall be issued forthwith, by the clerk of the court whereof the per- 
 son who granted it is a judge, under the seal of such court; or in 
 case of emergency, such judge may issue the writ under his own 
 hand, and may depute any officer or person to serve it. 
 
 Sec 567. How prisoner may he designated. — The person to be pro- 
 duced should be designated by his name, if known, and if not 
 known, or uncertain, he may be described in any other way so as to 
 make known who is intended. 
 
 Sec 568. Requisites of -writ in certain cases. — In case of confine- 
 ment, imprisonment, or detention by an officer, the writ shall be 
 directed to him and shall command him to have the body of such 
 person before the court or judge designated in the writ, at the time 
 and place therein specified. 
 
 Sec 569. Form of writ when prisoner not in custody of an offi- 
 cer. — In case of confinement, imprisonment, or detention, by a per- 
 son not an officer, the writ shall be substantially in the form fol- 
 lowing : 
 
 " United States or America, 
 
 " Canal Zone, ss: 
 "To the marshal or his deputy of any circuit, greeting: 
 
 "We command you that the body of ,of 
 
 by of , imprisoned and restrained of his 
 
 liberty, as it is said, you take and have before , a judge 
 
 of our court (or before the court, as the case may be) 
 
 or in case of his absence or disability, before some other judge of the 
 
 same court at , forthwith to do and receive what the 
 
 said judge shall then and there consider, concerning him in this 
 
 behalf; and summon the said then and there to appear 
 
 before our said judge (or court) to show the cause of the taking and 
 detention of the said 
 
 " Witness my hand at this day of in 
 
 the year 19__. 
 
 "(Seal.) , 
 
 " Judge of the Court (as the case may be)." 
 
 Sec 570. How and where writ may he served. — The writ may be 
 served in any circuit, by the marshal or his deputy, or by a person 
 deputed by the court or judge. 
 
 Sec 571. How executed and returned. — The officer or person to 
 whom the writ is directed shall convey the person so imprisoned or 
 detained, and named in the writ, before the judge allowing the writ, 
 or, in case of his absence or disability, before some other judge of 
 the same court, on the day specified in the writ; and he shall make due 
 return of the writ, together with the day and the cause of the cap- 
 tion and detention of such person according to the demand thereof. 
 
130 CODE OF CIVIL PKOCEDURE OF THE CANAL ZONE. 
 
 Sec. 572. When it may be returned to another judge or court. — 
 When the writ is issued by a court in session, if the court has ad- 
 journed when the same is returned, it shall be returned before any 
 judge of the same court; and when the writ is returned before one 
 judge, at a time when the court is in session, he may adjourn the 
 case into the court there to be heard and determined. 
 
 Sec 573. What shall be stated in the return of the writ. — When 
 the person to be produced is imprisoned or restrained by an officer, 
 the person who makes the return shall state therein, and in other 
 cases, the person in whose custody the prisoner is found, shall state, 
 in writing, to the court or judge before whom the writ was returnable 
 plainly and unequivocally: 
 
 1. Whether he has or has not the part}' in his custody or power 
 or under restraint; 
 
 2. If he has the party in his custody or power, or under restraint, 
 he shall set forth, at large, the authority and the true and whole 
 cause of such imprisonment and restraint, with a copy of writ, 
 warrant, execution, or other process, if any, upon which the party 
 is detained ; 
 
 3. If he has had the party in his custody or power, or under re- 
 straint, and has transferred such custody or restraint to another, 
 he shall state particularly to whom, at what time, for what cause, 
 and by what authority such transfer was made. 
 
 Sec 574. The return must be signed and sworn to. — The return 
 or statement shall be signed by the person who makes it; and shall 
 also be sworn to by him. unless he is a sworn public officer, and 
 makes the return in his official capacity. 
 
 Sec 575. Adjournment of cause. — The court or judge to whom the 
 writ is returned, or the court into which it is adjourned, may, for 
 good cause shown, continue the cause, and shall make such order 
 for the safe-keeping of the person imprisoned or detained as the 
 nature of the cause requires. 
 
 Sec 570. When prisoner shall be discharged.— When the judge 
 or court has examined into the cause of caption and detention of the 
 person so brought before it, and is satisfied that he is unlawfully 
 imprisoned or detained, he shall forthwith discharge him from con- 
 finement. On such examination the judge shall disregard matters 
 of form or technicalities in any warrant, mittimus, or order of com- 
 mitment by a court or officer authorized to commit by law. 
 
 Sec 577. When prisoner may be committed to jail, or let to bail. — 
 When the prisoner is confined or detained in a legal manner, on a 
 charge of having committed a crime or offense which is bailable, 
 the judge or court shall, in its discretion, recommit him to confine- 
 ment, or " let him to bail "; if he be let to bail, the judge shall cause 
 him to enter into a recognizance, with sufficient surety, in such a sum 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 131 
 
 as he deems reasonable — the circumstances of the prisoner, and tin 
 nature of the offense charged, considered — conditioned for his ap- 
 pearance at the court where the offense is properly cognizable; tin 
 judge shall certify his proceedings, together with the recognizance, 
 forthwith to the proper court; and if the person charged fail to enter- 
 into such recognizance, he shall be committed to prison b} 7 the judge. 
 
 Sec. 578. WIicn prisoner must be convmitted. — If it appear that 
 the prisoner was committed by a judge or justice, and is plainly 
 and specifically charged in the warrant of commitment with a high, 
 crime, punishment whereof is capital, he shall not be released, dis- 
 charged, or bailed. 
 
 Sec 579. When tin return is evidence, and when only a plea.— If 
 it appear that the prisoner is in custody under a warrant of commit- 
 ment in pursuance of law, the return shall be considered prima facie 
 evidence of the cause of detention ; but if he is restrained of his lib- 
 erty by any alleged private authority, the return of the writ shall be- 
 considered only as a plea of the facts therein set forth, and the party- 
 claiming the custody shall be held to make proof of such facts; and 
 upon the final disposition of any cause, the court or judge shall 
 make such order as to costs as the case requires. 
 
 Sec. 580. Penalty upon clerk for refusing to issue the writ. — If 
 a clerk of a court refuse to issue the writ, after allowance thereof 
 and demand therefor, he shall forfeit to the party aggrieved the? 
 sum of five hundred dollars, to be recovered in a proper action. 
 
 Sec. 581. Penalty for disobeying the writ.^A person to whom ;i 
 writ is directed, who neglects or refuses to obey or make return of 
 the same, according to the command thereof, or makes false return 
 thereof, or who. upon demand made by the prisoner or any person 
 on his behalf, refuses to deliver to the person demanding, within 
 six hours after the demand therefor, a true copy of the warrant 
 of commitment and detainer of the prisoner shall, for the first 
 offense forfeit to the party aggrieved two hundred dollars, and 
 for the second offense four hundred dollars, and may also be dealt 
 with by the judge of the court as for contempt. 
 
 Sec. 582. Persons set at liberty upon the writ not to be ago in im- 
 prisoned. — A person who is set at liberty upon a writ of habeas 
 corpus shall not be again imprisoned for the same offense unless 
 by the legal order or process of the court wherein he is bound l>\ 
 recognizance to appear, or other court having jurisdiction of the 
 cause of offense; and a person who knowingly, contrary to the pro- 
 visions of this chapter, recommits or imprisons, or causes to be 
 committed or imprisoned, for the same offense, or pretended offense,, 
 any person so set at liberty, or knowingly aids or assists therein,, 
 shall forfeit to the party aggrieved five hundred dollar- notwith- 
 standing any colorable pretense or variation in the warrant of 
 
132 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 commitment, and may also be dealt with as for a contempt by the 
 judge or court granting the writ. 
 
 Sec. 583. Prisoner not to he removed from the custody of one offi- 
 cer to another, unless, and so forth. — A person committed to prison, 
 or in the custody of an officer, for any criminal matter, shall not be 
 removed therefrom into the custody of another officer, unless by legal 
 process, or the prisoner be delivered to an inferior officer to carry 
 to jail, or, by order of the proper court, be removed from one place 
 to another within the Canal Zone, for trial, or in case of fire, infec- 
 tion, insurrection, or other necessity; and a person who, after such 
 commitment, makes, signs, or countersigns any warrants, for such 
 removal contrary to this section, shall forfeit to the party aggrieved 
 five hundred dollars. 
 
 Sec. 584. Record of writ, and so forth. — The proceedings upon a 
 writ of habeas corpus shall be recorded by the clerks respectively. 
 
 Sec 585. Fees and costs. — The fees of officers and witnesses shall 
 be taxed by the judge, on his return of his proceedings on the writ, 
 and when the prisoner is discharged, the costs shall be taxed to the 
 Government of the Canal Zone, and paid out of its treasury; but 
 no office]' or person shall have the right to demand payment in ad- 
 vance of any fees which he is entitled to by virtue of the proceedings 
 when the writ is demanded or issued for the discharge from custody 
 or the person confined under color of proceedings in any criminal 
 case; when a person in custody by virtue or under color of proceed- 
 ings in any civil case is discharged the costs shall be taxed against 
 the party at whose instance he was so in custody; and if he be re- 
 manded to custody, costs shall be taxed against him. 
 
 Chapter XXX. 
 
 GUARDIANS, THEIR APPOINTMENT, DUTIES, POWERS, AND ACCOUNTS. 
 
 Guardians of minors. 
 
 Sec. 586. Judge of Circuit Court may appoint guardian. — The 
 judge of a Circuit Court of each circuit, when it appears necessary 
 or convenient, may appoint giiardians for the persons and estates, or 
 either of them, of minors, who have no guardian legally appointed 
 by will or deed, and who are inhabitants or residents of the Canal 
 Zone, or who reside without the Canal Zone and have estates within 
 the circuit. Such appointment may be made on the petition of a 
 relative, or other person on behalf of the minor, or on petition of the 
 minor, if fourteen years of age. Before making such appointment 
 the judge must cause such notice as he deems reasonable to be given 
 to any person having the care of such minor, and to such relatives 
 of a minor residing in the circuit as he may deem proper. 
 
CODE OF CIVIL PEOCEDUBE OF THE CANAL ZONK. 133 
 
 Sec. 587. Spanish law as to power of family council in guardian- 
 ship mutters repealed. — All provisions of Spanish law heretofore 
 prevailing in the Canal Zone giving to the family council any author- 
 ity in the appointment of guardians for minors or other persons, are 
 hereby repealed. 
 
 Sec. 588. Father or mother natural guardians and to be appointed 
 guardian of estate, if competent. — The father, or. in case of his death 
 or legal disqualification, the mother, of a minor child is to be deemed 
 the natural guardian of the child, and as such is entitled to the cus- 
 tody and care for the education of the child, but not of his estate 
 unless so ordered by the court, preference being given in the order 
 just named; but the court shall have the power to set aside the 
 order of preference here provided and to appoint any suitable per- 
 son as guardian, either of the person or of the estate of the minor, 
 or both, as the best interests of the child may require. The authority 
 of the guardian can not be extinguished or affected by the marriage 
 of the guardian. 
 
 Sec. 589. Guardian to care for minor's education. — A guardian 
 duly appointed shall have the custody and care of the education of 
 the minor, if the court shall so order, and likewise the care and man- 
 agement of his estate, if the court shall so order, until such minor 
 arrives at the age of majority, or marries, or until the guardian is 
 legally discharged. 
 
 Sec. 590. Bond of guardian. — Before the order appointing any 
 person guardian under this chapter takes effect, and before letters 
 of guardianship issue, the judge must require of such person a bond 
 to the minor, with sufficient surety, to be approved by the judge, 
 and in such sum as he shall order, conditioned that the guardian 
 will faihtfully execute the duties of his trust according to law, and 
 the following conditions shall form a part of such bond without 
 being expressed therein : 
 
 1. To make an inventory of all the estate, real and personal, of 
 his ward, that comes to his possession or knowledge, and to return 
 the same within such time as the court may order; 
 
 2. To dispose of and manage the estate according to law for the 
 best interests of the ward, and faithfully to discharge his trust in 
 relation thereto, and also in relation to the care, custody, and educa- 
 tion of the ward: 
 
 3. To render an account on oath of the property, estate, and moneys 
 of the ward in his hands, and all proceeds or interest derived there- 
 from, and of the management and disposition of the same, within 
 three months after his appointment, and at such other times as the 
 judge directs, and at the expiration of his trust, to settle his accounts 
 with the Circuit Court and to pay over and deliver all the estate, 
 moneys, and effects remaining in his hands, and due from him on 
 
134 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 such settlement, to the person lawfully entitled thereto. Upon filing 
 the bond duly approved, letters of guardianship must issue from the 
 judge to the person appointed. The oath of the guardian shall be 
 indorsed thereon that he will perform the duties as such guardian 
 according to law. 
 
 Sec. 591. Recording letters of giiardianship. — All letters of guard- 
 ianship issued, and all guardians' bonds executed under the pro- 
 visions of this chapter, together with the oaths thereon, must be 
 recorded by the clerk of the Circuit Court of the circuit within and 
 for which the appointment is made. 
 
 Skc 59*2. Testamentary guardians. — Every guardian appointed by 
 the will of a parent must give bond and qualify, and has the same 
 powers and has the same duties in regard to the person and estates 
 of his ward as guardians appointed by the court, except so far as 
 their powers and duties are legally modified, enlarged, or changed 
 by the will by which such guardian was appointed. 
 
 Sec. 593. Guardians ad litem not affected by this chapter. — Noth- 
 ing contained in this chapter affects or impairs the power of any 
 court to appoint a guardian ad litem, to defend the interest of any 
 minor interested in any action or matter pending therein. 
 
 Guardians of persons of unsound mind. 
 
 Sec. 504 Appointment of guardians of persons of unsound mind. — 
 When it is represented to a Circuit Court or a judge thereof by peti- 
 tion verified by oath of any relative or friend, that any person who is 
 an inhabitant or resident of the circuit, is insane or a spendthrift, 
 incompetent to manage his estate, praying that a guardian may be 
 appointed for such person, such court or judge must cause a notice 
 to be given to the supposed insane or incompetent person of the time 
 and place of hearing the petition, not less than five days before the 
 time so appointed; and such person, if able to attend, must be 
 produced on the hearing. 
 
 Sec. 595. Duty of court to appoint. — If after a full hearing and 
 examination upon such petition, it appears to the court or judge that 
 the person in question is incapable of taking care of himself and 
 managing his property, such court or judge must appoint a guardian 
 of his person and estate, with the powers and duties thereinafter 
 specified. 
 
 Skc. 596. Power a ml bond of </u<ir<li<in. — Every guardian ap- 
 pointed, as provided in the preceding section, shall have the care and 
 custody of the person of his ward and the management of all his 
 estate, until such guardian is legally discharged; and he must give 
 bond to such ward in like manner and with like conditions as before 
 prescribed with reference to the guardian of a minor. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 135 
 
 Sec. 597. Restoration of competency. — Any person who lias been 
 declared insane or incompetent, or the guardian or any relative of 
 such person within the third degree, or any friend, may apply, by 
 petition to the Circuit Court in which the appointment of guardian 
 was made, and have the fact of his restoration to capacity judicially 
 determined. The petition shall be verified by oath, and shall state 
 that such person is then sane and competent. Upon receiving the 
 petition, the court must appoint a day for hearing before the court. 
 and shall cause notice of the trial to be given to the guardian of the 
 person so declared insane or incompetent and to the ward. On the 
 trial, the guardian, or relatives of the person so declared insane or 
 incompetent, and in the discretion of the court any other person, 
 may contest the right to the relief demanded. Witnesses may be re- 
 quired to appear and testify, and may be called and examined by the 
 court on its own motion. If it be found that the person be of sound 
 mind, and capable of taking care of himself and property his 
 restoration to capacity shall be adjudged and the guardianship of 
 such person, if such person be not a minor, shall cease. 
 
 Sec. 598. Gudrdiati to pay debts of ward. — Every guardian ap- 
 pointed under the provisions of this chapter, whether for a minor or 
 any other person, must pay all just debts due from his ward out of his 
 personal estate and the income of his real estate if sufficient; if not, 
 then out of his real estate, upon obtaining an order for the sale 
 thereof, and disposing of the same, in the manner provided in this 
 Code for the sale of real estate of deceased persons. 
 
 Sec 599. Guardian to settle all affairs of ward. — Every guardian 
 must settle all accounts of the ward, and demand, sue for, and receive 
 all debts clue to him, or may, with the approbation of the judge, 
 compound for the same and give discharges to the debtor, on receiv- 
 ing a fair and just dividend of the estate and effects; he must appear 
 for and represent his ward in all legal suits and proceedings, unless 
 another person be appointed for that purpose. 
 
 Sec. 600. Management of ward's estate. — Every guardian must 
 manage the estate of his ward frugally and without waste, and apply 
 the income and profits thereof, so far as may be necessary, for the 
 comfortable and suitable maintenance of the ward and his family, if 
 there be any; and if such income and profits be insufficient for that 
 purpose, the guardian may sell the real estate, upon obtaining an 
 order of the judge therefor, as provided in the preceding section. 
 He must apply the proceeds of such sale, so far as may be necessary, 
 for the maintenance and support of his ward and his family if 
 there be any. 
 
 Sec. 601. Entrusting ward with a portion of his estate.— Where it 
 is made to appear to the court by satisfactory proof that it is to the 
 advantage of the ward to engage in business, the court under such 
 
136 CODE OF CIVIL. PROCEDURE OF THE CANAL ZONE. 
 
 restrictions as it deems necessary to impose for the protection of the 
 ward, may authorize the guardian to entrust him with a portion of 
 the ward's estate, in no event to exceed one half thereof. The order 
 of the court shall provide that the guardian at his next accounting 
 shall produce vouchers or other satisfactory evidence showing that 
 the authorized amount of the estate has been so invested. 
 
 Sec 602. Action of guardian in partition proceedings. — -The guard- 
 ian may join in and assent to a partition of the real or personal 
 estate of the ward, held by the ward jointly or in common with 
 others, after leave granted by the judge or court having jurisdiction 
 over the estate; but such leave shall not be granted except after a 
 careful investigation of the necessity and propriety of the proposed 
 action by the judge or court, after such notice to relatives of the 
 ward as the judge or court may deem necessary. 
 
 Sec 603. Inventory and accounts of guardians. — Every guardian 
 must return to the court an inventory of the estate of his ward within 
 three months after his appointment and annually thereafter. The 
 court or judge may upon application made for that purpose by any 
 person interested compel the guardian to render an account to the 
 court of the estate of his ward. The inventories and accounts so 
 to be returned or rendered must be sworn to by the guardian. All 
 the estate of the ward described in the first inventory must be 
 sworn to by the guardian. All the estate of the ward described in 
 the first inventory must be appraised by two appraisers appointed 
 and sworn by the judge. Such inventory, with the appraisement of 
 the property therein described, must be recorded by the clerk of the 
 court in a proper book kept in his office for that purpose. Whenever 
 any other property of the ward is discovered, not included in the 
 inventory of the estate already returned, and whenever any other 
 property has been succeeded to or acquired by any ward, for his 
 benefit, the like proceedings must be had for the return and appraise- 
 ment thereof within the time provided for the first inventory and 
 return. 
 
 Sec 604. Settlement of guardian's accounts. — The guardian must 
 upon the expiration of a year, from the time of his appointment, and 
 as often thereafter as may be required, present his account to the 
 court for settlement and allowance. 
 
 In the settlement of the account, the guardian shall be allowed the 
 amount of his reasonable expenses incurred in the execution of his 
 trust and also such compensation for his services as the court, in 
 which his accounts are settled, deems just and reasonable; but not 
 exceeding two dollars per day for the time actually spent, and a 
 commission upon disbursements made by him which commission 
 shall be the same as that in this Code provided for disbursements 
 made by executors and administrators. But in cases of exceptional 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 187 
 
 importance, a larger compensation may be allowed for the services 
 of the guardian. 
 
 Sec. 605. Sale or reinstatement of portions of estate. — When the 
 income of an estate under guardianship is insufficient to maintain the 
 ward and his family, or to maintain and educate the ward when a 
 minor, or when it appears to the satisfaction of the court that it is for 
 the benefit of the ward that his real estate or some part thereof should 
 be sold, and the proceeds thereof put out at interest, or invested in 
 some productive security, or in the improvement or security of other 
 real estate of the ward, the guardian may present to the judge or 
 court b}' which he was appointed a verified petition, setting forth the 
 condition of the estate of his ward and the facts and circumstances on 
 which the petition is founded, tending to show the necessity or ex- 
 pediency of the sale. If it appears to the court or judge that it is 
 necessary or would be beneficial to the ward that the estate or some 
 part of it should be sold, the court shall thereupon make an order 
 directing the next of kin to the ward, and all persons interested in the 
 estate, to appear before the judge or court, at the time and place 
 therein specified, not less than four nor more than eight weeks from 
 the time of making such order, to show cause why an order should not 
 be granted for the sale of such estate. If it appears that it is neces- 
 sary, or would be beneficial to the ward, to sell the estate, or some 
 portion of it, the court shall order the sale to be made and the pro- 
 ceeds thereof to be expended for the maintenance of the ward and his 
 family, or the education of the ward, if a minor, or for the putting of 
 the same out at interest, or the investment of the same as the circum- 
 stances may require. Upon the hearing, the court or judge shall hear 
 the proofs and allegation of the petitioner and next of kin, and other 
 persons interested, together with their witnesses, and may grant or 
 refuse the order, as the best interests of the ward may require, and 
 make such order as to costs of the hearing as may be just. 
 
 If the prayer of the petition is granted, the order of sale shall specify 
 the causes why the sale is necessary, or beneficial, and may order the 
 sale to be made ; but all sales of wards' estates shall be made at public 
 auction to the highest bidder after public advertisement for such 
 time and in such manner as the court may direct, unless a private sale 
 is expressly authorized by the court; and no sale of a ward's real 
 estate shall be valid to pass title thereto until the same be confirmed 
 by the court. The original bond of the guardian shall stand as se- 
 curity for the proper appropriation of the sale, but the judge or court 
 may, if deemed expedient, require an additional bond as a condition 
 for the granting of the order of sale. No order of sale granted in 
 pursuance of this section shall continue in force more than one year 
 after granting the same, without a sale being had. The petition, 
 notice to heirs, and parties interested, and order of the court or judge 
 
138 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 in the premises, shall be recorded by the clerk of the court as a part 
 of the record of the guardianship. 
 
 Sec. 606. Sales must be for cash or other adequate security. — All 
 sales of real estate of wards must be for cash or for part cash and 
 part deferred payments, the credit in no case to exceed tAvo years 
 from the date of sale, as in the discretion of the court is deemed most 
 beneficial to the ward. In case of deferred payments, the guardian 
 must receive notes for the deferred payments secured by the retention 
 of a lien upon the property conveyed or by a mortgage thereon, with 
 such additional security, if any, as the court deems necessary. 
 
 Sec 607. Reinvestment of the proceeds of sale. — The court or 
 judge may authorize and require the guardian to invest the proceeds 
 of sales and any other of his ward's money in his hands, in real 
 estate, or in any other manner most to the interest of all concerned 
 and may make such other orders, and give such directions, as are 
 needful for the management, investment, and disposition of the 
 estate and effects, as circumstances may require. 
 
 Sec 608. Guardian of nonresident. — When a person liable to be 
 put under guardianship, according to the provision of this chapter, 
 resides without the Canal Zone and has estate therein any friend of 
 such person, or any one interested in his estate, in expectancy or 
 otherwise, may apply to the circuit in which there is any estate of 
 such absent person, for the appointment of a guardian, and if, after 
 notice given to all interested in such manner as such court orders, by 
 publication or otherwise, and a full hearing and examination, it 
 appear proper, a guardian for such absent person may be appointed ; 
 and every guardian appointed under this section shall have the 
 same powers, and perform the same duties with respect to the estate 
 of the ward found within the Canal Zone and with respect to the 
 person of the ward, if he shall come to reside therein, as are pre- 
 scribed with respect to any other guardian appointed under this 
 chapter. 
 
 Such guardian must give bond in the manner and with the like con- 
 ditions hereinbefore provided for other guardians, except that the 
 provisions respecting the inventory and the disposition of the estate 
 and effects, and accounts to be rendered by the guardian, must be 
 confined to such estate and effects as come into his hands in the Canal 
 Zone. 
 
 The guardianship which is here first lawfully granted, of any per- 
 son residing without the Canal Zone extends to all the estate of the 
 ward within the Canal Zone and excludes the jurisdiction of the 
 court of every other circuit. 
 
 Sec 609. Examination of persons suspected of defrauding wards 
 or concealing property. — Upon complaint made to him by any guard- 
 ian, ward, creditor, or other persons interested in the estate or hav- 
 
CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 1 39 
 
 ing a prospective interest therein, as heir or otherwise against any- 
 one suspected of having concealed, embezzled, or conveyed away, any 
 money, goods, or interests, or an instrument in writing belonging to 
 the ward or to his estate, the Circuit Court or judge thereof wherein 
 the guardian was appointed, may cite such suspected person to ap- 
 pear before such court or judge, and may examine him touching such 
 money, goods, effects, or instrument, and may make such order as is 
 necessary to secure the estate against such concealment, embezzle- 
 ment, or conveyance. 
 
 Sec. 610. Removal and resignation of guardian.— -When a guard- 
 ian, appointed either by the testator or a court becomes insane or 
 otherwise incapable of discharging his trust or unsuitable therefor, 
 or has wasted or mismanaged the estate, or. failed for thirty days to 
 render an account or make a return, the judge or court may, upon 
 such notice to the guardian as the judge may require, remove him, 
 and compel him to surrender the estate of the ward to the person 
 found to be lawfully entitled thereto. Every guardian may resign 
 when it appears proper to allow the same. Upon the resignation or 
 removal of a guardian as herein provided, whether appointed by will 
 or otherwise, the court may appoint another in the place of the 
 guardian who resigns or was removed. 
 
 Sec 611. Termination of guardianship. — The marriage of a minor 
 ward terminates the guardianship of the person of such ward, but 
 not of the estate; the guardian of an insane or other person may be 
 discharged by the court when it appears, upon the application of 
 the ward or otherwise, that the guardianship is no longer necessary. 
 
 Sec 612. Neto bond may be required. — The court may require a 
 new bond to be given by the guardian whenever such court deems it 
 necessary, and may discharge the existing sureties from further lia- 
 bility, after due notice given, as such court may direct, when it shall 
 be made certain that no injury can result therefrom to those inter- 
 ested in the estate. 
 
 Sec 613. Guardian's bond to be filed and action thereon. — Every 
 bond given by a guardian shall be filed and recorded in the office of 
 the clerk of the Circuit Court of the circuit ; and in case of a breach 
 of the conditions thereof, may be prosecuted for the use and benefit 
 of the ward, or of any person legally interested in the estate. 
 
 Sec 614. Limitation of action on bond. — No action can be main- 
 tained against the sureties on any bond given by a guardian, unless 
 it be commenced within three years from the discharge or removal 
 of the guardian; but if, at the time of such discharge, the person en- 
 titled to bring such action is under legal disability to sue, the action 
 may be commenced at any time within three years after such disabil- 
 ity is removed. 
 
140 CODE OF CIVIL PROCEDUBE OP THE CANAL ZONE. 
 
 Sec. 615. Limitations of action for the recovery of property sold. — 
 No action for the recovery of any estate sold by a guardian can be 
 maintained by the ward, or by any person claiming under him, unless 
 it is commenced within three years next after the termination of the 
 guardianship, or, when a legal disability to sue exists by reason of 
 minority or otherwise, at the time when the cause of action accrues, 
 within three years next after the removal of such disability. 
 
 Sec GIG. Orders and guardianship proceedings to be matters of 
 record. — Orders appointing and removing guardians, authorizing 
 the sale of property, investment of the proceeds thereof, and settling 
 of accounts, shall be made matters of record in the Circuit Court. 
 
 Sec 617. Pending guardianships to proceed in accordance with 
 Spanish law, with certain exceptions. — All proceedings in cases of 
 guardianship pending in the Canal Zone shall proceed in accordance 
 with the existing Panamanian procedure under which the guardians 
 were appointed; Prodded nevertheless, that any guardian appointed 
 under existing Panamanian law may be removed in accordance with 
 the provisions of this Code and his successor ma}'' be appointed as 
 therein provided, and every successor to a guardian so removed shall, 
 in the administration of the person or estate, or either, as the case 
 may be, of his ward, be governed by the provisions of this Code. 
 
 Chapter XXXI. 
 
 TRUSTS, TRUSTEES, AND PROCEEDINGS IN RELATION THERETO. 
 
 Trusts and Trustees. 
 
 Sec 618. Procet dings when trustee under will is necessary. — If 
 a testator has omitted in his will to appoint a trustee in the Canal 
 Zone, and if such appointment is necessary to carry into effect the 
 provisions of a will, the Circuit Court of the circuit wherein the 
 property that would be affected by the trust, or some portion thereof, 
 is situated may, after notice to all persons interested, appoint a 
 trustee, who shall have the same rights, powers, and duties and in 
 whom the estate shall vest, in the same manner as if he had originally 
 been appointed by the testator. 
 
 Sec 619. When trustee declines, resigns, dies, of is removed.— 
 When a trustee under a written instrument declines, resigns, dies, 
 or is removed before the objects of the trust are accomplished, and 
 when no adequate provision is made in such instrument for supply- 
 ing the vacancy, the Circuit Court wherein the will was established, 
 if such instrument was a will, or, if it was an instrument other than 
 a will, the Circuit Court wherein the property, or some portion 
 thereof, affected by the trust is situated shall, after due notice to all 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 141 
 
 persons interested, appoint a new trustee to act alone or jointly with 
 the others, as the case may be. 
 
 Sec. 620. Powers and bond of new trustee. — A new trustee ap- 
 pointed under the preceding section or appointed in place of a former 
 trustee, in ' conformity with a written instrument creating- a trust, 
 shall, upon giving such bond as may be required, which bond shall 
 be of sufficient size to fully protect the trust estate, and shall be 
 determined and the sureties thereof be approved, b}^ the judge, have 
 and exercise the same powers, rights, and duties, whether as a sole or 
 joint trustee, as if he had been originally appointed, and the trust 
 estate shall vest in him in like manner as it had vested, or would have 
 vested, in the trustee in whose place he is substituted; and the court 
 may order any conveyances, to be made by the former trustee or his 
 representative, or by the other remaining trustees, which it may deem 
 proper and convenient, to vest the trust estate in the new trustee, 
 either alone or jointly with the other. 
 
 Sec. 621. Trustee appointed abroad must hare new a ppohltment 
 here. — When lands in the Canal Zone are held in trust for persons 
 resident here, by a trustee who derives his appointment or authority 
 from a court having no jurisdiction within the Canal Zone such 
 trustee shall, on petition made to the Circuit Court in the circuit 
 in which the lands lie. and after due notice to all persons interested, 
 be required to take out letters of trust from said court ; and upon his 
 neglect or refusal to comply with such order the court shall declare 
 such trust vacant, and shall appoint a new trustee in whom the trust 
 estate shall vest in like manner as if he had been originally appointed, 
 or authorized by said court. 
 
 Sec. 622. Notice to trustee. — The notice to the trustee required by 
 the preceding section, may be given by serving on him a copy of the 
 petition, and of the citation of the court issued thereon, fourteen 
 daj-s at least before the time fixed for the return of such citation, or 
 by such other notice as the court may order. 
 
 Sec. 623. Removal of trustee. — Circuit Courts in the several cir- 
 cuits may. upon application of the parties beneficially interested in 
 the trust, remove a trustee under a written instrument, if such re- 
 moval appears essential in the interests of the applicant. The trus- 
 tee shall have notice of the application and opportunity to be heard 
 and show cause why the removal should not be made. The court 
 may also, after notice to the trustee and to all other persons interested, 
 remove any such trustee who has become insane or otherwise in- 
 capable of discharging his trust or evidently unsuitable therefor. 
 
 Sec 024. Resignation of trustee. — Every trustee under a written 
 instrument, and every trustee appointed by the court may, upon his 
 own request, resign his trust if it appears to the court proper to allow 
 such resignation. 
 
 803a— 07— m 10 
 
142 CODE OF CIVIL PROCEDURE OF THE CANAL, ZONE. 
 
 Sec. 625. Executor, etc., of former trustee not bound to accept 
 trust. — No person succeeding to a trust as executor or administrator 
 of a former trustee shall be required to accept such trust. 
 
 Sec 626. Bonds of trustees. — Every trustee under a will and every 
 trustee appointed by the court, before entering on the duties of his 
 trust shall, unless it is otherwise specially provided by law, give bond 
 with sufficient surety or sureties, to be approved by the judge, in such 
 sum as the judge or court having jurisdiction of the trust may order, 
 payable to the government of the Canal Zone and available for the 
 protection of any party in interest. The bond shall be lodged with 
 the clerk of the Circuit Court and be by him recorded in the books 
 of the office; and the following conditions shall be deemed to be a 
 part of the bond, whether written therein or not: 
 
 1. To make and return to the court, at such time as it may order, 
 a true inventory of all the real and personal estate belonging to him 
 as trustee, which at the time of the making of such inventory shall 
 have come to his possession or knowledge; 
 
 2. To manage and dispose of all such estate, and faithfully to 
 discharge his trust in relation thereto according to law and the will 
 of the testator, or the provisions of the instrument under which he 
 is appointed; 
 
 3. To render upon oath at least once a year until his trust is ful- 
 filled, unless he is excused therefrom in any year by the court a true 
 account of the property in his hands, and of the management and 
 disposition thereof, and also to render such account at such other 
 times as said court may order; 
 
 4. At the expiration of his trust to settle his account in full and 
 to pay over and deliver all the estate remaining in his hands, or due 
 from him on such settlement, to the person or persons entitled there- 
 to. But when the trustee is appointed as a successor to a prior trustee 
 the court may dispense with the making of return of an inventory, 
 if it appears to be unnecessary, in such case the conditions of the 
 bond shall be altered accordingly. 
 
 Sec. 627. Appraised. — When an inventory is required to be re- 
 turned by a trustee, the estate and effects shall be appraised by two 
 suitable persons who shall be appointed by the court, and sworn to 
 make a just appraisal of the estate and effects belonging to the trust. 
 
 Sec 628. When bond may be dispensed with. — A trustee under a 
 will, except as hereinafter provided shall be exempt from giving a 
 surety or sureties on his bond, when the testator has ordered or 
 requested such exemption, and any trustee shall, except as herein- 
 after provided, be so exempt when all persons beneficially interested 
 in the trust, being of full age. request such exemption; but the 
 trustee shall, in all eases, give his own personal bond: Provided, 
 nevertheless, That any trustee either under a will or appointed by 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 143 
 
 the court or judge who has not given a bond with surety or sureties, 
 may be required by the court or judge at any time, when it deems it 
 proper, to give such bond. 
 
 Sec. 629. Neglect to give bond. — Any trustee who neglects to give 
 bond in accordance with the preceding section shall be considered 
 to have declined or resigned the trust. 
 
 Sec 630. Sale of trust estate. — When the sale and conveyance or 
 transfer of any real or personal estate held in trust appears to be 
 necessary or expedient, the court having jurisdiction of the trust 
 may, after notice and other proceedings, when required, order such 
 sale and conveyance, and transfer, to be made, and the reinvestment 
 and application of the proceeds of such sale in such manner as will 
 best effect the objects of the trust. The application to the court, 
 notice, hearing, order of sale, and record of proceedings, shall all be 
 in the manner hereinbefore provided with reference to the sale by 
 a guardian of the property of minors or other wards. 
 
 Sec. 631. General jurisdiction over trusts. — Circuit Courts in the 
 several circuits may hear and determine all matters in relation to 
 trusts created by will, not particularly mentioned in this chapter, 
 and shall have jurisdiction over all matters relating to the termina- 
 tion of trusts created by will, deed, or other instrument of like nature. 
 When the Circuit Court of any circuit has lawfully taken jurisdic- 
 tion of any trust estate, its jurisdiction shall be exclusive, and shall 
 exclude the Circuit Court of any other circuit from taking juris- 
 diction of any matter subsequently arising in relation to the same 
 trust. 
 
 Chapter XXXII. 
 
 ESTATES OF deceased persons. 
 Settlement of estates without legal proceedings. 
 
 Sec. 632. Settlement of intestate estates, without legal proceeding, 
 in certain cases. — Whenever all the heirs of a deceased person are 
 of lawful age and legal capacity, and there are no debts due from the 
 intestate estate, or all the debts have been paid by the heirs, the heirs 
 may, by a family council as known under Panamanian law, or by 
 agreement between themselves, duly executed in writing, apportion 
 and divide the estate among themselves, as they may see fit, without 
 proceedings in court. 
 
 Sec. 633. In such case distributees liable for debts. — But if it shall 
 appear, at any time within two years after such settlement and dis- 
 tribution of the estate, that there are debts outstanding against the 
 estate which have not been paid, any creditor may compel the set- 
 tlement of the estate in the courts in the manner hereinafter provided, 
 unless his debts shall be paid, with interest; and the administrator 
 
144 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 appointed by the court may recover the assets of the estate from those 
 who have received them, for the purpose of paying - the debts; and 
 the real estate belonging to the deceased shall remain charged with 
 the liability to creditors for the full period of two years after such 
 distribution, notwithstanding any transfers thereof that may have 
 been made. 
 
 Chapter XXXIII. 
 
 JURISDICTION OVER ESTATES OF DECEASED PERSONS. 
 
 Sec. 634. The word jurisdiction. — Circuit Courts shall have juris- 
 diction in all matters relating to the settlement of estates and 
 probate of wills of deceased persons, the appointment and removal 
 of guardians and trustees, and the powers, duties, and rights of 
 guardians and wards, trustees, and cestuis que trustent. This juris- 
 diction shall be called probate jurisdiction. 
 
 Sec 635. Where resident's estate settled. — If an inhabitant of 
 the Canal Zone dies, whether a citizen or alien, his will shall be 
 proved, or letters of administration granted, and his estate settled, 
 in the Circuit Court in the Circuit in which he resided at the time 
 of his death. 
 
 Sec. 636. Where nonresident' 1 s estate settled. — If a person resided 
 out of the Canal Zone at the time of his death, his will shall be 
 allowed and recorded, and letters testamentary or of administration 
 shall be granted in the Circuit Court of any Circuit in which he 
 lias estate. 
 
 Sec. 637. The court once taking, to retain, jurisdiction. — When 
 a Circuit Court has first taken cognizance of the settlement of the 
 estate of a deceased person, as mentioned in the preceding sections, 
 such court shall have jurisdiction of the disposition and settlement 
 of such estate, to the exclusion of all other courts. 
 
 Sec. 638. Jurisdiction, when may be contested. — The jurisdiction 
 assumed by a Circuit Court, for the settlement of an estate, so 
 far as it depends on the place of residence of a person, or of the 
 location of his estate, shall not be contested in a suit or proceeding, 
 except in an appeal from that court, in the original case, or when 
 the want of jurisdiction appears on the record. 
 
 Sec. 639. The clerk. — The clerk of the court shall keep a record of 
 each order, sentence, or decree of the court, and of other things 
 proper to be recorded in the settlement of estates, and give attested 
 copies of files, records, and proceedings of the court as in other 
 cases, on the fees being paid. 
 
 Sec. 640. Their copies and certificates to he evidence. — Copies, 
 when attested, shall be evidence in all courts: and certificates of 
 the allowance of a will, of administration, of guardianship, or of 
 
CODE OF CIVIL. PROCEDURE OF THE CAN AX, ZONE. 145 
 
 trusteeship, attested by the clerk, may be given in evidence and 
 have the same effect as an original record of the allowance of a 
 will, letter of administration, letters of guardianship or trusteeship. 
 
 Sec. 641. Clerk to sign protest, and so forth. — The clerk may, 
 under the direction of the judge, make out and sign letters of admin- 
 istration, guardianship, and trusteeship, and the warrants or other 
 process or written instruments issuing from the court; but any act 
 required to be performed by the clerk shall be valid if performed 
 by the judge. 
 
 Sec <*4i2. Additional duties of clerk in absence of judge. — -In the 
 absence of the judge, the clerk may perform all the duties of the 
 judge in receiving applications, petitions, inventories, reports and 
 the issuance of all orders and the notices that follow as a matter of 
 course under the directions of the law, and may also, when directed 
 so, to do by the judge, receive the accounts of executors, adminis- 
 trators, and trustees, and all evidence appertaining to them, and 
 offered on hearings in relation to them, or in relation to any other 
 matters appertaining to the settlement of estate of deceased persons, 
 or guardianship, or trusteeship, and forthwith transmit such reports, 
 accounts, and testimony to the judge, together with his findings in 
 relation to the same, if the judge shall direct him to make findings and 
 include the same in his report. 
 
 Sec. 643. Proceedings when judge disqualified. — When a judg<>. 
 his wife, or child, is an heir or legatee, or when he is an executor 
 or administrator of the estate of a deceased person, or is interested 
 as a creditor or otherwise in a question to be decided by the court, 
 he shall not act as judge, and in such case the Supreme Court shall 
 designate some other judge to act in his place in relation to matters 
 wherein he is disqualified after the manner hereinbefore provided. 
 
 Sec. 644. Fees, and the <i<<-<>unt tliereof. — The clerk, under the 
 direction of the judge, shall keep a book in which shall be entered 
 the items of fees which have accrued for transaction of business 
 covered by the provisions of this chapter, for which fees are payable 
 specifying for what business each item of fees has accrued. Receipts 
 shall be given for all fees so received and they shall be accounted 
 for in the manner provided in relation to the fees of clerks of courts 
 in actions. The book of fees kept by the clerk shall be subject to the 
 inspection of auditing officers and others interested therein. 
 
 Sec. 645. May issue process, and so forth. — In the exercise of 
 probate jurisdiction Circuit Courts may issue warrants and process 
 in conformity with the rules of law necessary to compel the attend- 
 ance of witnesses or to cany into effect the orders, sentences, or 
 decrees of such courts, or the powers granted them by law. 
 
146 CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 
 
 Sec. 646. May enforce orders by commitment. — If a person does 
 not perform the order, sentence, or decree of the court in the exercise 
 of its probate jurisdiction, it may issue a warrant for the apprehen- 
 sion and imprisonment of such person until he performs such order, 
 sentence, or decree, or is released by law : Provided, That nothing in 
 this section shall be construed to authorize imprisonment for ordinary 
 debt. 
 
 Sec 647. Depositions. — Depositions taken in accordance with the 
 provisions and under the circumstances provided in this Code for the 
 taking of depositions may be received in probate proceedings. 
 
 Sec 648. Costs. — When a person is cited, on complaint of another, 
 to appear before the court to be examined in probate proceedings, 
 the court may, in its discretion, tax costs for the person so cited and 
 issue execution therefor, allowing the same fees as for witnesses in 
 Circuit Courts. 
 
 Chapter XXXIV. 
 
 WILLS AND THE ALLOWANCE THEREOF, AND DUTIES OF EXECUTORS. 
 
 Sec 649. Who may make wills. — Every person of age and sound 
 mind may devise, bequeath, and dispose of his estate, real and per- 
 sonal, and of any right or interest which he has in his real or personal 
 estate, by his last will and testament ; and the words " every person," 
 shall include married women : Provided, That no person can by will 
 deprive a husband, or wife, or heir of such interest in his estate as 
 the law provides shall appertain to such husband, wife, or heir, not- 
 withstanding the execution of a will. 
 
 Sec 650. Peal estate acquired afterwards may pass by will. — Real 
 estate acquired after making a will shall pass thereby, as if the tes- 
 tator had possessed it at the time of making the will, if it appears by 
 the will that such was his intention. 
 
 Sec 651. Whole interest to pass, and so forth. — Every devise of 
 land by will shall convey all the estate which the devisor could devise 
 in such land unless it clearly appears by the will that he intended to 
 convey a less estate. 
 
 Sec 652. Spanish wills. — A will executed by a Panamanian, or a 
 resident of the Canal Zone shall also be valid and allowed, if duly 
 executed in accordance with the Civil Code now in force in the Canal 
 Zone, whether such will be an open will or a sealed will, or one termed 
 a verbal will under that law, but the provisions of this Code shall 
 control as to the testamentary capacity of the testator, and the com- 
 petency of attesting witnesses, and all such wills must be established 
 and the estate administered in accordance with the provisions of this 
 Code. 
 
 Sec 653. Requisites of a will. — No will, except as provided in the 
 preceding section, shall be valid to pass any estate, real or personal, 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 147 
 
 nor charge or affect the same unless it be in writing and signed by 
 the testator, or by the testator's name written by some other person 
 in his presence, and by his express direction, and attested and sub- 
 scribed by three or more credible witnesses in the presence of the tes- 
 tator and of each other. The attestation shall state the fact that the 
 testator signed the will, or caused it to be signed by some other person, 
 at his express direction, in the presence of three witnesses, and that 
 they attested and subscribed it in his presence and in the presence of 
 each other. But the absence of such form of attestation shall not 
 render the will invalid if it is proven that the will was in fact signed 
 and attested as in this section provided. 
 
 Sec. 654. Custody of a will after its execution. — After the due 
 execution of a will, the testator may retain it in his own possession, 
 or he may deposit it with any other person, official or corporation, 
 to hold for him; but it shall always be subject to his control and 
 direction and right of possession, down to the time of his death. 
 
 Sec 655. Who are competent witnesses. — Any person of sound 
 mind, and of the age of eighteen years or more, and not blind, 
 may be a witness at the execution of a will. 
 
 Sec 656. Subsequent incompetency immaterial. — If the witnesses 
 attesting the execution of the will are competent at the time of 
 attesting, their becoming subsequently incompetent shall not prevent 
 the allowance of the will. 
 
 Sec 657. When devise or legacy to witness void. — If a person 
 attests the execution of a will, to whom or to whose wife or husband, 
 or parent, or child, a beneficial devise, legacy, or interest, of or 
 affecting real or personal estate, is given by such will, such devise, 
 legacy, or interest shall, so far only as concerns such person, or the 
 wife or husband, or parent, or child, be void, unless there are three 
 other competent witnesses to such will, and such person so attesting 
 shall be admitted as a witness as if such devise, legacy, or interest 
 had not been made or given. But a mere charge on the real or per- 
 sonal estate of the testator, for the payment of debts, shall not 
 prevent his creditors from being competent witnesses to his will. 
 
 Sec 658. Will, how revoked. — No will shall be revoked, except by 
 implication of law, otherwise than by some will, codicil, or other 
 writing executed as provided in case of wills; or by burning, tear- 
 ing, cancelling, or obliterating the same with the intention of revok- 
 ing it, by the testator himself, or by some other person in his presence, 
 and by his express direction. 
 
 If burned, torn, canceled, or obliterated by some other person, 
 without the express direction of the testator, the will may still be 
 established by the court, and the estate distributed in accordance 
 therewith, if its contents, and due execution, and the fact of its 
 
148 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 unauthorized destruction, cancellation, or obliteration is established 
 by full evidence to the satisfaction of the court. 
 
 Sec. 659. To he recorded with registrar of hind titles. — Attested 
 copies of wills devising real estate and the allowance thereof by the 
 court, shall be recorded in the office of the Registrar of land titles 
 of the Circuit in which the lands lie. 
 
 Sec. 660. Allowance necessary, and conclusive as to execution. — 
 Xo will shall pass either the real or personal estate, unless it be 
 proved and allowed in the Circuit Court, or by appeal to the Supreme 
 Court ; and the allowance by the court of a will of real or personal 
 estate shall be conclusive as to its due execution. 
 
 Sec. 661. Custodian of will to deli re/ 1 . — The person who has the 
 custody of a will, shall, within thirty days after he knows of the 
 death of the testator, deliver the will into the court which has juris- 
 diction, or to the executor named in the will. 
 
 Sec. 662. Executor to present trill and accept or refuse trust. — A 
 person named as executor in a will, shall within thirty days after 
 he knows of the death of the testator, or within thirty days after 
 he knows that he is named executor, if he obtained such knowledge 
 after knowing of the death of the testator, present such will to 
 the court which has jursidiction, unless the will has been otherwise 
 returned to said court, and shall, within such period, signify to the 
 court his acceptance of the trust, or make known in writing his 
 refusal to accept it. 
 
 Sec. 663. Penalty. — A person who neglects any of the duties- 
 required in the two preceding sections, unless he gives a satisfac- 
 tory excuse to the court, shall be subject to a fine not exceeding one 
 thousand dollars. 
 
 Sec. 661. Person retaining will may be committed. — If a person 
 having custody of a will after the death of the testator neglects 
 without reasonable cause to deliver the same to the court having 
 jurisdiction, after notice by the court so to do, he may be committed 
 to prison by a warrant issued by the court, and there kept in close 
 confinement until he delivers the will. 
 
 Sec 665. Court to appoint hearing on will. — AVhen a will is deliv- 
 ered to the court having jurisdiction of the same, the court shall 
 appoint a time and place Avhen all concerned may appear to contest 
 the allowance of the will, and shall cause public notice thereof to be 
 given by publication in such newspaper or newspapers as the court 
 directs of general circulation in the circuit, two weeks successively. 
 previous to the time appointed, and no will shall be allowed until 
 such notice has been given. At the hearing all testimony shall be 
 taken under oath, reduced to writing and signed by the witnesses. 
 
 Sec. 666. How approved when not contested . — If no person appears 
 to contest allowance, at the times appointed, the court may grant 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 149 
 
 allowance thereof, on the testimony of one of the subscribing wit- 
 nesses only, if such witness testify that the will was executed as is 
 required in this chapter. 
 
 Sec. 667. When the witness does not remember signing. — A will 
 may be allowed notwithstanding the fact that one or more of the 
 witnesses do not remember the fact of having attested it, provided 
 the court is satisfied from all the evidence that the will was executed 
 and attested in the manner herein required. 
 
 Sec. 668. When the witness does not reside in the Canal Zone. — 
 Tf none of the subscribing witnesses reside in the Canal Zone at the 
 time of the death of the testator, the court may admit the testimony 
 of other witnesses to prove the sanity of the testator, and the due 
 execution of the will, although the subscribing witnesses are living; 
 and as evidence of the execution of the will, it may admit proof of 
 the handwriting of the testator and of the subscribing witnesses, in 
 cases where the names of the witnesses are subscribed to a certificate 
 stating that the will was executed as required in this chapter. In 
 case one or more of the subscribing witnesses has deceased, the sanity 
 of the testator and the due execution of the will may also be proven 
 in the manner in this section hereinbefore provided. 
 
 Sec. 669. Ground* for disallowing the trill. — The will shall be 
 disallowed in either of the following cases : 
 
 1. If not executed and attested as in this Code or in the Civil 
 Code provided; 
 
 2. If the testator was insane or otherwise mentally incapable of the 
 execution of such an instrument at the time of its execution ; 
 
 3. If it was executed under duress, or the influence of fear, or 
 threats ; 
 
 4. If it was procured by undue and improper pressure and influ- 
 ence, on the part of the beneficiary, or some other person for his 
 benefit ; 
 
 5. If the signature of the testator was procured by fraud or trick, 
 and he did not intend that the instrument should be his will at the 
 time of fixing his signature thereto. 
 
 Sec. 670. Will made out of the Canal Zone. — A will made out of 
 the Canal Zone which might be proved and allowed by the laws of 
 the state or country in which it was made, may be proved, allowed, 
 and recorded in the Canal Zone, and shall have the same effect as if 
 executed according to the laws of the Zone. 
 
 Sec. 671. Will made here by alien. — A will made within the 
 Canal Zone by a citizen or subject of another state or country, 
 which is executed in accordance with the law of the state or country 
 of which he is a citizen or subject, and which might be proved and 
 allowed by the law of his own state or country, may be proved, 
 
150 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 allowed, and recorded in the Canal Zone, and shall have the same 
 effect as if executed according to the laws of the Zone. 
 
 Sec. 672. Wills proved outside my he allowed here. — Wills provod 
 and allowed in the United States, or any State or Territory thereof, 
 or in a foreign state or country, according to the law of such State, 
 Territory, or country, may be allowed, filed, and recorded in the 
 Circuit Court of the circuit in which the testator has real or personal 
 estate on which such will may operate. 
 
 Sec 673. Hearing on question of allowance. — "When a copy of 
 such will, and the probate and allowance thereof, duly authenticated, 
 is produced by the executor, or other person interested, to the Circuit 
 Court, such court shall appoint a time and place of hearing, and 
 notice shall be given as in case of an original will presented for 
 allowance. 
 
 Sec 674. Court may order it recorded. — If it appears to the court 
 on the hearing, that the instrument ought to be allowed in the Canal 
 Zone, as the last will and testament of the deceased, it shall be 
 allowed, and a copy shall be filed and recorded, and the will shall 
 have the same effect as if originally proved and allowed in the same 
 court. 
 
 Sec 67f>. Estate, how administered. — When a will is thus allowed, 
 the court shall grant letters testamentary, or letters of administration 
 with the will annexed, and such letters testamentary or of administra- 
 tion, shall extend to all the estate of the testator in the Canal Zone. 
 Such estate, after the payment of just debts and expenses of adminis- 
 tration, shall be disposed of according to such will, so far as such will 
 may operate upon it; and the residue, if any, shall be disposed of as 
 provided by law in cases of estates in the Zone belonging to persons 
 who are inhabitants of another state or country. 
 
 EXECUTORS AND ADMINISTRATORS, WHO MAY ACT, AND THEIR BONDS. 
 
 Sec 676. When will proved, letters to issue to executor. — When a 
 will has been proved and allowed, the court shall issue letters testa- 
 mentary thereon to the person named as executor therein, if he accepts 
 the trust and gives the bond as required by law. The term " ex- 
 ecutor " in this Code shall include an administrator. 
 
 Sec 677. To whom administration granted. — If no executor is 
 named in the will, or if a person dies intestate, administration shall 
 be granted : 
 
 1. To the surviving husband or wife, as the case may be, or next of 
 kin, or both, in the discretion of the court, or to such person as such 
 surviving husband or wife, or next of kin, requests to have appointed, 
 if suitable to discharge the trust ; 
 
 2. If such surviving husband or wife, as the case may be, or next 
 
CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 151 
 
 of kin, or the person selected by them, be unsuitable, or if the hus- 
 band or widow, or next of kin neglect for thirty days after the death 
 of the person to apply for administration, or to request that adminis- 
 tration be granted to some other person, it may be granted to one or 
 more of the principal creditors, if competent and willing to serve ; 
 
 3. If there is no such creditor competent and willing to serve, the 
 same may be committed to such other person as the court may ap- 
 point. 
 
 Sec. 678. Bond, generally.— Before an executor, or an adminis- 
 trator, enters upon the execution of his trust, and letters testamentary 
 or of administration are issued, the person to whom they are issued 
 shall give a bond in such reasonable sum as the court directs, with one 
 or more sufficient sureties, conditioned as follows : 
 
 1. To make and return to the court, within three months, a true 
 and perfect inventory of all goods, chattels, rights, credits, and estate 
 of the deceased, which shall come to his possession or knowledge, or 
 to the possession of any other person for him; 
 
 2. To administer according to law, and, if an executor, according 
 to the will of the testator, all goods, chattels, rights, credits, and 
 estate, which shall at any time come to his possession, or to the pos- 
 session of any other person for him, and out of the same to pay and 
 discharge all debts, legacies, and charges on the same, or such divi- 
 dends thereon as shall be decreed by the court ; 
 
 3. To render a true and just account of his administration to the 
 court within one year, and at any other time when required by the 
 court ; 
 
 4. To perform all orders and decrees of the court by him to be per- 
 formed. 
 
 Sec 679. Bond of executor who is residuary legatee. — An executor 
 who is a residuary legatee, instead of the bond prescribed in the pre- 
 ceding section, may give a bond in such sum, and with such sureties, 
 as the court directs, with the condition only to pay the debts and 
 legacies of the testator, and in such case he shall not be required to 
 return an inventory. If the testator in his will directs that no bond, 
 or only the individual bond of the executor be required, instead of 
 the bond prescribed in the preceding section, he may give his indi- 
 vidual bond, as directed in the will ; but he shall also give a bond in 
 such sum and with such surety as the court requires, with the con- 
 dition only to pay the debts of the testator; but the court may re- 
 quire of the executor a further bond, in case of a subsequent change 
 in his circumstances, and for other sufficient cause, with the second, 
 third, and fourth conditions named in the preceding section. 
 
 Sec. 680. Bonds of joint executors and administrators. — When two 
 or more persons are appointed administrators or executors, the court 
 
152 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 may take separate bond from each, with sureties, or a joint bond, with 
 sureties from all. 
 
 Sec. 681. Executor neglecting to give bond. — No person named 
 executor in a will, who refuses to accept the trust, or neglects to give 
 a bond, for twentj' days after the allowance of such will, shall inter- 
 meddle or act as executor, and in case of such neglect to accept, or 
 refusal to give bond, the court may grant letters testamentary to 
 the other executors who are capable and willing to accept the trust; 
 and if there is no other executor who will give a bond, administra- 
 tion shall be granted with the will annexed to the person who would 
 have been entitled to the same if the testator had died intestate. 
 
 Sec 682. When creditor is <t minor. — When a person named ex- 
 ecutor in a will is under age at the time of proving the will, admin- 
 istration shall be granted, with the will annexed, during the minority 
 of the executor, to the person who would have been entitled to the 
 same if the testator had died intestate, unless there is another execu- 
 tor who accepts the trust and gives the bond and in that case, the 
 executor who gives a bond shall have letters testamentary, and shall 
 administer the estate until the minor is of age, when he may be 
 admitted, on giving a bond, as joint executor. 
 
 Sec. 683. Executor of executor not to administer estate — The ex- 
 ecutor of an executor shall not, as such, administer the estate of the 
 first testator. 
 
 DEATH, REMOVAL, ETC., OF EXECUTOR OR ADMINISTRATOR. 
 
 Sec. 684. /// case of vacant //. mho to administer. — When an execu- 
 tor or administrator, dies, resigns, or is removed, or his authority is 
 extinguished, the remaining executor or administrator may admin- 
 ister the trust, and if there is no other executor or administrator, 
 administration may be granted to a suitable person. 
 
 Sec 685. Power of new administrator. — An administrator, ap- 
 pointed in the place of a former executor or administrator, shall have 
 the same power in settling the estate not administered as the former 
 administrator or executor had; and may prosescute or defend actions 
 commenced by or against the former executor or administrator, and 
 may have execution on judgments recovered in the name of such 
 former executor or administrator. 
 
 Sec. 686. Appointment of administrator to act with survivor. — 
 When an executor or administrator dies, resigns, is removed, or his 
 authority is extinguished leaving a remaining executor or admin- 
 istrator, administration may be granted to some suitable person, 
 with such remaining executor or administrator upon the application 
 of any person interested in the estate of the deceased, as surviving 
 husband, widow, heir-, creditor, devisee, legatee, or other legal repre- 
 sentative. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 153 
 
 Sec. 687. His powers. — An administrator appointed under the pre- 
 ceding section shall have the same power as the remaining- executor 
 or administrator lias, and with said executor or administrator may 
 prosecute or defend actions commenced by or against the former 
 executors or administrators, and have execution on judgments re- 
 covered in the names of the former executors or administrators. 
 
 Sec. 088. The court may re more or accept resignations of execu- 
 tor or administrator. — If an executor or administrator neglects, after 
 notice by the court, to render his account and settle the estate ac- 
 cording to law, or to perform an order or decree of such court, or 
 absconds, or becomes insane, or otherwise incapable or unsuitable 
 to discharge the trust, the court may. in its discretion, remove him, 
 and may allow an executor or administrator to resign. 
 
 Sec. 689. Married women. — A married woman may be administra- 
 trix or executrix, and the marriage of a single woman shall not affect 
 her authority so to act under a previous appointment. 
 
 Sec. 600. One of co-executors disqualified, other* may act. — When 
 executors appointed in a will cannot, according to the provisions of 
 this chapter, act as such, those who can act may perform the duties 
 and discharge the trust required by the will. 
 
 Sec. 691. Estate of person unheard from for fifteen year* may he 
 administered. — A person absent and unheard from for fifteen years 
 .shall be deemed to be dead from the time of his disappearance, or 
 when last heard from, and the court having jurisdiction of his estate 
 may grant administration thereof, and proceed with said estate as 
 in the settlement of intestate estates and decree distribution thereof 
 to the known heirs of such absent person; but if such absent person 
 proves to be alive, he shall be entitled to his estate notwithstanding 
 the settlement and distributions aforesaid, and may recover, in any 
 proper action, any portion thereof, which any (me has received in such 
 settlement and distribution. 
 
 Sec. 692. Administration re coked if will discovered. — If, after 
 granting letters of administration by a court on the estate of a 
 person as if he had died intestate, a will of such deceased person is 
 proved and allowed by the court, the letters of administration shall 
 be revoked and the powers of the administrator cease, and he shall 
 thereunder surrender the letters of administration to the court, and 
 render his account within such time as the court directs. 
 
 Sec. 693. Power of executor in such case. — The executor of the 
 will, in such case, may demand, sue for, and collect the goods, chat- 
 tels, rights, and credits, of the estate of the deceased remaining unad- 
 tninistered, and may prosecute to final judgment suits commenced by 
 the administrator before the revocation of his letters of administra- 
 tion. 
 
154 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Sec. 694. Acts he fore revocation to be valid. — The acts of an ex- 
 ecutor or administrator, before the revocation of his letters testa- 
 mentary or of administration, shall be valid, the same as if there 
 had been no revocation. 
 
 Sec 695. Appointment of special administrator. — When there is 
 delay in granting letters testamentary or letters of administration 
 occasioned by an appeal from the allowance or disallowance of a 
 will, or from any other cause, the court may appoint an adminis- 
 trator to act in collecting and taking charge of the estate of the 
 deceased until the questions causing the delay are decided and 
 executors or administrators are thereupon appointed; no appeal 
 shall be allowed from the appointment of such special administrator. 
 
 Sec 696. Powers of special administrator. — Such special adminis- 
 trator shall collect the goods, chattels, and credits of the deceased and 
 preserve the same for the executor or administrator afterwards ap- 
 pointed, and for that purpose may commence and maintain suits as 
 an administrator, and may sell such perishable and other personal 
 property as the court orders sold. A special administrator shall not 
 be liable to an action by a creditor, or pay any debts of the deceased. 
 
 Sec 697. To give bond. — A special administrator shall, before 
 entering upon the duties of his trust give a bond as the court directs, 
 with a condition that he will make and return a true inventory of 
 the goods, chattels, rights, credits, and effects of the deceased which 
 come to his possession or knowledge, and that he will truly account 
 for such as are received by him, when required by the court, and will 
 deliver the same to the person afterwards appointed executor or 
 administrator or such person authorized to receive the same. 
 
 Sec 698. When powers cease. — Upon granting letters testamentary 
 or of administration upon the estate of the deceased, the powers of 
 such special administrator shall cease; and he shall forthwith deliver 
 to the executor or administrator the goods, chattels, money, and 
 effects of the estate of the deceased in his hands. The executor or 
 administrator may prosecute to final judgment suits commenced by 
 such special administrator. 
 
 Chapter XXXV. 
 
 GENERAL DUTIES OF EXECUTORS AND ADMINISTRATORS. 
 
 Sec 699. Executor or administrator may have access to partner- 
 ship books. — The executor or administrator of a deceased partner 
 shall at all times have access to, and may make examination and take 
 copies of the books and papers relating to the partnership business; 
 and shall at all times have the right to examine and make invoices 
 of the property belonging to such partnership, and the surviving 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 155 
 
 partner or partners, on request, shall exhibit to him all such books, 
 papers, and property in their hands or control. 
 
 Sec. 700. Court may enforce compliance. — The court having charge 
 of the settlement of such deceased partner, upon application therefor 
 in writing, by such executor or administrator, may cite such surviv- 
 ing partner or partners before it, and by a proper order or decree 
 compel the granting of the rights given in the preceding section, and 
 may enforce such order or decree by commitment to jail. 
 
 Sec 701. To keep buildings in repair. — An executor or adminis- 
 trator shall maintain in tenantable repair the houses, buildings, and 
 fences belonging to the estate, and deliver the same in such repair 
 when directed by the court, to the heirs or devisees. 
 
 Sec. 702. Executor to administer estate not willed. — An executor 
 shall administer the estate of the testator not disposed of by will. 
 
 INVENTORY, APPRAISAL, AND ACCOUNT. 
 
 Sec. 703. Inventory to be returned. — Every executor or adminis- 
 trator, unless he is a residuary legatee and has given the bond pre- 
 scribed for the residuary legatee, shall, within three months after his 
 appointment, return to the court a true inventory of the real estate 
 and all the goods, chattels, rights, and credits of the deceased which 
 come into his possession or knowledge. 
 
 Sec. 704. Committee to be appointed. — The court at the time of 
 granting letters testamentary or of administration, or at such other 
 times as it deems proper, shall, by warrant, appoint a committee of 
 two or more disinterested persons to appraise the estate of the de- 
 ceased, and the executor or administrator shall cause the estate and 
 effects in the inventory to be appraised by such committee. 
 
 Sec. 705. Committee to be sworn. — Such committee shall be sworn 
 to make a true appraisal, and shall appraise its value in money, and 
 shall return their warrant with such appraisal to the court within 
 the time specified in the warrant, and shall deliver a copy of the 
 appraisal to the executor or administrator. 
 
 Sec. 706. Apparel, and so forth, not to be inventoried. — The wear- 
 ing apparel of the surviving husband or wife, and of the minor 
 children, and such provisions and other articles as will necessarity 
 be consumed in the subsistence of the family of the deceased, under 
 the direction of the court, shall not be considered as assets, nor 
 administered as such, and shall not be included in the inventory. 
 
 Sec. 707. Account to be rendered and examination to be under 
 oath.— Every executor or administrator shall render an account of his 
 administration within one year from the time of receiving letters 
 testamentary or of administration unless the court extends the time 
 on account of an extension of the time for selling the estate and 
 
156 CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 
 
 paying the debts; and he shall render further accounts of his ad- 
 ministration as may be required by the court until the estate is 
 wholly settled; and he may be examined upon oath upon every 
 matter relating to account. 
 
 Sec. 708. For what to account. — The executor or administrator 
 shall be chargeable in his account with the goods, chattels, rights, 
 and credits of the deceased which come to his possession; also with 
 the proceeds of the real estate sold for the payment of the debts 
 and legacies, and with the interest, profit, and income which come to 
 his hands from the estate of the deceased; and for the personal 
 estate of the deceased at its appraisal except as hereafter provided. 
 
 Sec. TO'.). Not to profit by increase or to lose by decrease in value. — 
 The executor or administrator shall not profit by the increase nor 
 suffer loss by the decrease or destruction, without his fault of an}' 
 part of the personal estate; and he shall account for the excess when 
 he sells any personal estate for more than the appraisal; and if he 
 sells for less than the appraisal he shall not be responsible for the 
 loss, if it appears to be beneficial to the estate to sell it. When he 
 sells personal estate under the special order of the court, he shall 
 account for the same at the price for which it was sold. 
 
 Sec. 710. Accountable for proceeds of real estate sold. — The pro- 
 ceeds of real estate sold for the payment of the debts and charges of 
 administration, shall be assets in the hands of the administrator, as 
 if the same had been part of the goods and chattels of the deceased. 
 The executor or administrator and sureties on his bond shall be ac- 
 countable therefor. 
 
 Sec. 711. When not accountable for debts due. — No executor or 
 administrator shall be accountable for the debts due the deceased if 
 it appears that they remain uncollected without his fault. 
 
 Sec. 712. Accountable for income from realty. — The executor or 
 administrator shall account for the income of real estate while it re- 
 mains in his possession; and if he uses or occupies any part of it 
 himself, he shall account for it as may be agreed upon between him 
 and the parties interested, or adjusted by the court with their assent; 
 and if the parties do not agree upon the sum to be allowed, the same 
 may be ascertained by the court, whose determination in this respect 
 shall be final. 
 
 Sec. 713. Accountable if he improperly neglects to raise money. — 
 When an administrator neglects, or unreasonably delays, to raise 
 money, by collecting the debts or selling the real or personal estate 
 of the deceased, or neglects to pay over the money he has in his 
 hands, and the value of the estate is thereby lessened or necessary 
 costs or interest accrues, or the persons interested suffer loss, the 
 same shall be deemed waste, and the damage sustained may be 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 157 
 
 charged and allowed against him in his account, and he shall be 
 liable therefor on his bond. 
 
 Sec. 714. To be allowed money paid as costs, when. — The amount 
 paid by an executor or administrator for costs awarded against him 
 shall be allowed in his administration account, unless it appears that 
 the suit or proceedings in which the costs are taxed was prosecuted 
 or resisted without just cause, and not in good faith. 
 
 Sec 715. How allowed for services. — The executor or adminis- 
 trator shall be allowed the necessary expenses in the care, manage- 
 ment, and settlement of the estate, and for his services, two dollars 
 per day for the time actually and necessarily employed and a com- 
 mission of five per cent upon all sums disbursed in the payments 
 of debts, expenses, and distributive shares, if the amount of such 
 disbursements does not exceed one thousand dollars. If the amount 
 exceeds one thousand dollars and does not exceed five thousand dol- 
 lars, then five per cent upon the first one thousand dollars and two 
 and one half per cent upon the excess, if the whole amount does not 
 exceed ten thousand dollars. If the total disbursements exceed five 
 thousand dollars, then the percentage as above provided, and one 
 per cent on the excess above ten thousand dollars. Where there are 
 more than one executor the fees shall be divided between them, except 
 that on estates exceeding ten thousand dollars each executor shall 
 receive one per cent upon the excess over ten thousand dollars. In 
 any exceptional case, where the estate is large, and the settlement has 
 been attended with extraordinary difficulty, and has required a high 
 degree of capacity on the part of the executor or administrator, a 
 greater sum may be allowed. But if objection to the fees allowed 
 be taken the allowance may be reexamined by the Supreme Court on 
 appeal. 
 
 When the administrator or executor is a lawyer, he shall not be 
 allowed to charge against the estate any professional fees, as such, 
 for services rendered by himself. When the deceased by will makes 
 some other provision for compensation to his executor, that provision 
 shall be a full satisfaction for his services, unless by a written in- 
 strument filed in the court he renounces all claims to the compensa- 
 tion provided by the will. 
 
 Sec 716. Account, how verified. — The court shall examine every 
 executor and administrator upon oath as to the correctness of his 
 account, before the same is allowed, except when no objection is 
 made to the allowance of the account, and its correctness is satis- 
 factorily established by competent testimony. The heirs, legatees, 
 and distributees, and creditors of an estate, shall have the same privi- 
 lege of being examined on oath in any matter relating to an adminis- 
 tration account that the executor or administrator has. 
 803a— 07— m 11 
 
158 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Sec. 717. Account to he settled on notice. — Before the account of 
 an executor or administrator is allowed, notice shall be given to per- 
 sons interested of the time and place of examining and allowing the 
 same ; and such notice may be given personally to such persons inter- 
 ested, or by advertisement in a newspaper or newspapers, or both, as 
 the court directs. 
 
 Sec. 718. Sureties on bond may be party to accounting. — Upon the 
 settlement of the account of an executor or administrator, trustee, or 
 guardian, a person liable as surety in respect to such account may, 
 upon application, be admitted as a party to such accounting, and may 
 have the right to appeal as hereinafter provided. 
 
 Sec 719. Allowance to widow and family, and descent of estate. — 
 The widow and minor children of a deceased person, during the 
 settlement of estate, shall receive therefrom, under the direction of 
 the court, such allowances as are provided by the law in force in the 
 Canal Zone, on and immediately prior to the twenty-third day of 
 February, nineteen hundred and four, and the descent of all prop- 
 erty and estates to heirs shall be regulated by that law as to all prop- 
 erty belonging to intestate estates, and as to all property belonging 
 to testate estates, but not disposed of by the will of the testator. A 
 husband or wife of the deceased person shall receive such portion of 
 his or her estate not disposed of by will as the said law in force on the 
 twenty-third day of February, nineteen hundred and four, gives to 
 him or to her. 
 
 Sec. 720. Community property. — One half of the community prop- 
 erty as determined by the law in force in the Canal Zone before the 
 twenty-third day of February, nineteen hundred and four, belonging 
 to a husband and wife, shall be deemed to belong to the deceased hus- 
 band or wife, and shall be inventoried and accounted for, and distrib- 
 uted as a part of the estate, in the same manner as all other property 
 belonging to the estate. 
 
 Chapter XXXVI. 
 
 CLAIMS AGAINST ESTATES, HOW ALLOWED. 
 
 Sec. 721. Executor or administrator to notify times and places of 
 meeting. — The executor or administrator shall appoint convenient 
 times and places for the examination and allowance of claims, and, 
 within sixty days from the time of his qualification, shall post a 
 notice in four public places in the circuit stating the times and places, 
 and the time limited for creditors to present their claims, and shall 
 publish the same three weeks successively in a newspaper of general 
 circulation in the circuit, to be designated by the court, and give 
 such other notice as the court directs. 
 
 Sec. 722. Court to limit time for presenting claims. — The court 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 159 
 
 shall allow such time as the circumstances of the case require for the 
 creditors to present their claims to the executor or administrator for 
 examination and allowance; but not, in the first instance, more than 
 twelve months, or less than six months. The court may extend the 
 time as circumstances require, but not so that the whole time shall 
 exceed eighteen months. 
 
 Sec. 723. When time may he extended. — On application of a 
 creditor who has failed to present his claim, if made within six 
 months after the time previously limited, or, if the executor or 
 administrator fails to give the notice required by this chapter, and 
 such application is made before the final settlement of the estate, the 
 court may, for cause shown, and on such terms as are equitable, allow 
 further time, not exceeding one month, for the presentation and 
 examination of such claim. 
 
 Sec 724. Executor to report. — At the expiration of the time limited 
 the executor or administrator shall make a report to the court, with 
 lists of the claims presented, or exhibited in offset, stating how much 
 was allowed and Iioav much was disallowed, with the final balance, 
 whether in favor of the creditor or the estate; and the report shall 
 state the manner in which notice was given to the claimants. 
 
 Sec 725. Executor or administrator to notify certain claimants at 
 the time of filing report. — The executor shall give notice to claimants 
 whose claims are disallowed to the amount of twenty dollars or more, 
 of the time of filing his report in the clerk's office, which notice 
 shall be given personally or by letter, on the day of filing such report. 
 
 Sec 726. Claims not presented, barred. — A person having a claim 
 against a deceased person, proper to be allowed, who does not, after 
 publication of the required notice, exhibit his claim to the executor 
 as provided in this chapter, shall be barred from recovering such 
 demand or from pleading the same in offset in any action, except as 
 hereinafter provided. 
 
 Sec 727. Estate's claims to be offset. — When a creditor against 
 whom the deceased has claims, presents a claim to the executor or 
 administrator, the executor or administrator shall offset the claims of 
 the deceased against the claims of the creditor, and shall ascertain 
 and allow the balance for or against the estate, as the case may be. 
 
 Claims of the estate against a creditor who presents a claim for 
 allowance against the estate of which the executor or administrator 
 lias or ought to have knowledge shall be barred, unless so offset. 
 
 Sec. 728. Claim of executor o>- administrator against an estate. — 
 If the executor or administrator has a claim against the estate he 
 represents, he shall give notice thereof, in writing, to the court, and 
 the court shall adjust the same directly. 
 
 Sec. 72*.). Exceptions by creditors and distributees. — Any creditor 
 or distributee dissatisfied with the act ion of the executor or adminis- 
 
160 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 trator disallowing or allowing a claim may file exceptions thereto, 
 and, upon notice to the executor or administrator or creditor, bring 
 the same on to be heard at the next term of the court. The court 
 thereupon shall hear the proof for and against the claim, and may 
 allow or disallow the claim directly, or may approve the executor's 
 or administrator's action thereon, or may direct issues to be framed 
 and a formal trial to be hold upon the claim as in the case of a regular 
 action. From the final judgment of the court, with respect to the 
 claim, an appeal may be allowed to the Supreme Court, as in other 
 cases provided. A distributee may likewise except to and appeal 
 from the action of the executor or administrator in failing to offset 
 a claim of the estate against a creditor. 
 
 Sec. 730. Estate of joint debtor liable for the whole claim. — When 
 two or more persons are indebted on a joint contract, or upon a 
 judgment founded on a joint contract, and either of them dies, his 
 estate shall be liable therefor, and it shall be allowed by the com- 
 mittee as if the contract had been with him alone or the judgment 
 against him alone. But the estate shall have the right to recover 
 contribution from the other joint debtor. 
 
 Sec. 731. Executor or administrator not to be sued. — Xo action or 
 suit shall be commenced or prosecuted against the executor or admin- 
 istrator upon a claim against the estate to recover a debt due from 
 the estate until the same has been presented to the executor and 
 rejected; but actions to recover the seizin and possession of real 
 estate and personal chattels claimed by the estate may be commenced 
 against him. 
 
 Sec. 732. An executor or administrator may sue. — Nothing in this 
 chapter shall prevent an executor or administrator from commencing 
 and prosecuting an action commenced by the deceased in his life- 
 time, for the recovery of a debt or claim, to final judgment, or from 
 having execution on a judgment, and in such case the defendant may 
 plead in offset the claims he has against the deceased, instead of pre- 
 senting them to the executor, and mutual claims may be offset in 
 such actions; and if final judgment is rendered in favor of the de- 
 fendant, the judgment so rendered shall be considered the true bal- 
 ance against the estate, as though the claim had been duly presented. 
 
 Such actions shall be prosecuted in the same circuit and same court 
 as they would have been if brought by the deceased person while 
 alive. 
 
 Chapter XXXVII. 
 
 SUITS BY AND AGAINST EXECUTOR AND ADMINISTRATOR. 
 
 Sec. 733. Heir may not sue until share assigned. — When an execu- 
 tor or administrator is appointed and assumes the trust, no action to 
 
CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 161 
 
 recover the title or possession of land, or for damages done to such 
 lands, shall be maintained against him by an heir or devisee, until 
 there is a decree of the court assigning such lands to such heir or 
 devisee, or until the time allowed for paying debts has expired, unless 
 the executor or administrator surrenders the possession to the heir or 
 devisee. 
 
 Sec. 734. Representative may be cited to appear. — If the executor 
 or administrator does not voluntarily appear and prosecute or defend 
 any action pending against the deceased, and which would survive 
 according to the provisions of this chapter, the surviving party may 
 take out a citation from the court before which the case is pending, 
 requiring the executor or administrator to appear and prosecute or 
 defend the action, which citation shall be served at least twelve days 
 before the time at which he is required to appear. If the executor 
 or administrator, after being so cited, neglects to become a party to 
 the suit, he shall be nonsuited, or defaulted, as the case may be, and 
 judgment rendered against him as administrator or executor; but he 
 shall not be personally liable for costs ; but the costs shall be paid the 
 same as the debt or damages, out of the estate of the deceased. If 
 there is no executor or administrator appointed, the death of the 
 party may be suggested on the record, and the suit continued until 
 an executor or administrator is appointed. 
 
 Sec. 735. Representative may compound with debtor. — An execu- 
 tor or administrator may compound with the debtor of the deceased 
 for a debt due, with the approval of the court, and may give a dis- 
 charge of such debt, on receiving a just dividend of the estate of the 
 debtor. 
 
 Sec. 736. Mortgage debt due to estate. — Debt secured by mortgage, 
 together with the security, belonging to the estate of a deceased per- 
 son, as mortgagee or assignee of the right of a mortgagee, when such 
 mortgage was not foreclosed in the lifetime of deceased, shall be 
 deemed to be personal assets in the hands of the executor or adminis- 
 trator and administered and accounted for as such ; and the executor 
 or administrator may foreclose the mortgage, and the proceeds of 
 foreclosure which may be ultimately realized shall be deemed to be 
 personal assets to be administered and accounted for as such. 
 
 Sec. 737. Mortgage debt due from estate. — A creditor holding a 
 claim against the deceased, secured by mortgage or other collateral 
 security, may abandon the security and prosecute his claim before the 
 executor or administrator, and share in the general distribution of 
 the estate; or he may foreclose his mortgage or realize upon his 
 security, by ordinary action in court, making the executor or admin- 
 istrator a party defendant; and if there is a judgment for a defici- 
 ency, after the sale of the mortgaged premises, or the property 
 
162 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 pledged, in the foreclosure or other proceeding to realize upon the 
 security, he may prove his deficiency judgment before the executor 
 or administrator, against the estate of the deceased; or he may rely 
 upon his mortgage or other security alone, and foreclose the same 
 at any time, within the period of the statute of limitations, and in 
 that event he shall not be admitted as a creditor, and shall receive 
 no share in the distribution of the other assets of the estate; but 
 nothing herein contained shall prohibit the executor or administra- 
 tor from redeeming the property mortgaged or pledged, by paying 
 the debt for which it is held as security, under the direction of the 
 court, if the court shall adjudge it to be for the best interests of the 
 estate that such redemption shall be made. 
 
 Chapter XXXVIII. 
 
 PROPERTY EMBEZZLED OR SECRETED, OR FRAUDULENTLY CONVEYED. 
 
 Sec. 738. Proceedings for the recovery of property embezzled or 
 fraudidently conveyed. — If an executor or administrator, heir, lega- 
 tee, creditor, or other person interested in the estate of a deceased per- 
 son, complains to the court having jurisdiction of the estate, that a 
 person is suspected of having concealed, embezzled, or conveyed away 
 any of the money, goods, or chattels of the deceased, or that such 
 person has in his possession, or has knowledge of any deed, convey- 
 ance, bond, contract, or other writing which contains evidence of, or 
 tends to disclose the right, title, interest, or claim of the deceased to 
 real or personal estate, or the last will and testament of the deceased, 
 the court may cite such suspected person to appear before it, and 
 may examine him on oath on the matter of such complaint; if the 
 person so cited refuses to appear and answer such examination, or to 
 answer such interrogatories as are put to him, the court may, by 
 warrant, commit him to the jail or prison of the circuit, there to 
 remain in close custody until he submits to the order of the court; 
 and such interrogatories and answers shall be in writing and signed 
 by the party, and filed in the clerk's office. 
 
 Sec. 739. Persons intrusted with estates may be compelled to ren- 
 der account. — The Court, on complaint of an executor or adminis- 
 trator, may cite a person who is intrusted by an executor or adminis- 
 trator with any part of the estate of the deceased person, to appear 
 before it, and may require such person to render a full account, on 
 oath, of the money, goods, chattels, bonds, accounts, or other papers 
 belonging to such estate, as came into his possession, in trust for such 
 executor or administrator, and of his proceedings thereon: and if 
 the person so cited refuses to appear to render such account, the 
 court may proceed against him as provided in the preceding section. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 163 
 
 Sec. 740. Embezzlement before letters issued. — If a person, before 
 the granting of letters testamentary or of administration on the 
 estate of a deceased person, embezzles, or alienates, any of the money, 
 goods, chattels, or effects of such deceased person, such person shall 
 be liable to an action in favor of the executor or administrator of such 
 estate for double of the value of the property sold, embezzled, or 
 alienated, to be recovered for the benefit of such estate. 
 
 Sec 741. Estate fraudulently conveyed by deceased may be re- 
 covered. — When there is a deficiency of assets in the hands of an 
 executor or administrator for the payment of debts and expenses of 
 administration, and the deceased person in his lifetime had conveyed 
 real estate, or a right or interest therein, with an intent to defraud 
 his creditors or to avoid a right, debt, or duty of a person; or had 
 so conveyed such estate that by law the conveyance would be void 
 as against his creditors and the estate attempted to be conveyed would 
 be liable to attachment or execution by a creditor of the deceased 
 in his lifetime, the executor or administrator may commence and 
 prosecute to final judgment an action for the recovery of such real 
 estate or interest therein, for the benefit of the creditors ; and he may 
 also, for the benefit of the creditors, sue and recover, for such goods, 
 chattels, rights, or credits fraudulently conveyed by the deceased in 
 his lifetime, with the intent in this section stated ; but no executor or 
 administrator shall be bound to institute such proceedings in such 
 actions unless on application of the creditors of the deceased, nor 
 unless the creditors making the application pay such part of the 
 costs and expenses, or give security therefor to the executor or ad- 
 ministrator as the court deems equitable. 
 
 Sec 742. Creditor under certain circumstances may sue. — When 
 there is a deficiency of assets in the hands of an executor or admin- 
 istrator to pay debts and expenses, and when the deceased person made 
 in his lifetime such fraudulent conveyance of such real or personal 
 estate or of a right or interest therein, as is stated in the preceding 
 section, any creditor of the estate may, by permission of the court, 
 if the executor or administrator has not commenced such action, 
 commence and prosecute to final judgment, in the name of the ex- 
 ecutor or administrator, an action for the recovery of the same, and 
 may recover for the benefit of the creditors, such real or personal 
 estate, or interest therein so conveyed. But such action shall not 
 be commenced until the creditor files in court a bond with sufficient 
 surely, to be approved by the judge, conditioned, to indemnify the 
 executor or administrator against the costs of such actions. Such 
 creditor shall have a lien upon the judgment by him so recovered, 
 for the costs incurred and such other expenses as the court deems 
 equitable. 
 
Itf4 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 Chapter XXXIX. 
 
 SALE OF ESTATE. 
 
 Sec. 743. Realty may be sold though personalty not exhausted. — 
 When the personal estate of the deceased is not sufficient to pay the 
 debts and charges of administration without injuring the business 
 of those interested in the estate, or otherwise prejudicing their in- 
 terests, and where a testator has not otherwise made sufficient pro- 
 vision for the payment of such debts and charges, the court, on 
 application of the executor or administrator, with the consent and 
 approbation, in writing, of the heirs, devisees, and legatees, residing 
 in the Canal Zone, may grant a license to the executor or administra- 
 tor to sell for that purpose real estate, in lieu of personal estate, if 
 it clearly appears that such sale of real estate would be beneficial 
 to the persons interested and will not defeat any devise of land; in 
 which case the assent of the devisee shall be required. 
 
 Sec. 744. // part can not be .\<>i<l without injury, the whole may 
 be. — When an executor or administrator makes application to the 
 court for license to sell real estate for payment of debts or charges of 
 administration, and it appears that a part can not be sold without 
 injurjr to those interested in the remainder, the court may grant 
 license to sell the whole of such estate, or such part as is necessary 
 or beneficial to those concerned therein. 
 
 Sec. 745. Persons interested may prevent sale. — No such license to 
 sell real estate shall be granted if any of the persons interested in the 
 estate give a bond, in such sum and with such sureties as the court 
 directs, conditioned to pay the debts and expenses of administration 
 within such time as the court directs; and such bond shall be for 
 the security of, and may be prosecuted for the benefit of the creditors, 
 as well as for the executor or administrator. 
 
 Sec. 746. The court may order personalty sold. — The court, on 
 application of the executor or administrator, may order the personal 
 estate, or part of it, to be sold, if it appears necessary for the purpose 
 of paying debts, legacies, or expenses of administration, or for the 
 preservation of the property. 
 
 Sec. 747. Estate may be sold when beneficial to heirs. — -When it 
 appears to the court that it will be beneficial to the heirs, devisees, 
 or legatees, or those interested in an estate, by reason of their resid- 
 ing out of the Canal Zone or otherwise, that a part or the whole 
 of the personal estate, or a part or the whole of the real estate, or 
 both the real and personal estate, should be sold, the court may, 
 upon application of the administrator or executor, with the consent 
 and approbation, in writing, of the heirs, devisees, and legatees, who 
 are interested in the estate to be sold, grant license to sell the whole 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 165 
 
 or a part of said estate, although not necessary to pay debts, legacies, 
 or charges of administration; but such license shall not be granted 
 if inconsistent with the provisions of a will. In case of such sale, 
 the proceeds shall be decreed and assigned to the persons entitled 
 to the estate, and in the same proportions. 
 
 Sec. 748. May be sold to pay debts and legacies in other coun- 
 tries. — When the sale of real or personal estate is not necessary to 
 pay the debts against the deceased person in the Canal Zone, and it 
 appears to the court by records and proceedings of a probate court 
 in another state or country, that the estate of the deceased in such 
 other state or country is not sufficient to pay the debts and legacies in 
 that country, the Circuit Court in the Canal Zone may license the 
 executor or administrator to sell the real or personal estate for the 
 payment of debts or legacies in the other state or country, in the 
 same manner as provided for the payment of debts or legacies in the 
 Zone. 
 
 Sec 749. Realty acquired on execution, and so forth, may be 
 sold. — The court may grant license to an executor or an administrator 
 to sell real estate acquired by such administrator or executor on exe- 
 cution or foreclosure sale, although not necessary for the payment of 
 debts, legacies, or charges of administration, when it appears that 
 such sale will be beneficial to all persons interested in such real estate. 
 
 Such license shall be granted under the same regulations as pre- 
 scribed in this chapter for the sale of other real estate. 
 
 Sec. 750. Realty may be sold to pay legacies. — When a legacy is 
 given by a will, which, for want of sufficient estate or otherwise, is 
 chargeable upon the real estate of deceased, the executor may be 
 licensed by the court to sell such real estate for the purpose of paying 
 such legacy, as provided in the sale of real estate for the payment 
 of debts. 
 
 Sec. 751. Regulations for license to sell. — When an executor or 
 administrator considers it necessan' or beneficial to sell real or per- 
 sonal estate, in cases provided by law. he may make application to the 
 court having jurisdiction of the estate, and such court maj^ grant 
 license, when it appears necessary or beneficial, under the following 
 regulations : 
 
 1. The executor or administrator shall present to the Court his 
 petition in writing, setting forth the amount of debts due from the 
 deceased, with charges of administration, the value of the personal 
 estate, situation of the estate to be sold, or such other facts as show 
 that the sale is necessary or beneficial; 
 
 2. In cases where the consent of heirs, devisees, and legatees is 
 required, the executor or administrator shall produce to the court 
 their assent in writing, and signed by such heirs, devisees, or legatees, 
 
166 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 or by the guardians of such as are minors or otherwise under guard- 
 ianship ; 
 
 3. The court shall thereupon appoint a time and place of hearing 
 for deciding upon such application, and shall require notice to be 
 given of such application, and of the time and place of hearing to the 
 persons interested ; which notice shall state the nature of the applica- 
 tion and the reason for the same, the time and place of hearing, and 
 shall be published two weeks successively previous thereto, in a 
 newspaper of general circulation in the neighborhood of those inter- 
 ested, to be designated by the court; and the court may order such 
 further notice as is adjudged proper. If personal notice is given to 
 the persons interested, the public notice may be dispensed with; 
 
 4. If the court requires it, the executor or administrator, before 
 license is granted, shall give a new bond, in such sum and with such 
 sureties as the court directs, conditioned that such executor or admin- 
 istrator shall account for the proceeds of such sale ; 
 
 5. If the proof produced satisfies the court and if the regulations 
 in the first four sub-divisions of this section are complied with, the 
 court may, by decree, authorize the executor or administrator to 
 sell such part of the estate as is deemed necessary, either at public 
 or private sale, as would be most beneficial to all parties concerned, 
 and furnish the executor or administrator with a certified copy of 
 such license or order of sale ; * 
 
 6. If the order is to sell the estate at auction, the court shall desig- 
 nate the mode of giving notice of the time and place of the sale, which 
 shall be stated in the copy or certificate of such order furnished the 
 executor or administrator; 
 
 7. The record of the order of sale in the court, and the copy or 
 the certificate of such order furnished the executor or administrator, 
 shall state that such of the requisites prescribed in the first four 
 sub-divisions of this section, as are required in the case, are complied 
 with; and such certificate or copy of the order of sale shall be re- 
 corded in the office of the Kegistrar of Land Titles of the circuit in 
 which the lands thus to be sold are situated. 
 
 Sec. 752. Effect of deed. — The deed of an executor or adminis- 
 trator of the real estate of deceased persons, having such certificate 
 or copy of an order of sale from the probate court shall be as valid 
 to convey the estate authorized to be sold as if the deed had been 
 executed by the deceased in his lifetime. 
 
 Sec. 753. When administrator dies pending sale, new license to 
 issue. — In case of the death, resignation, or removal of an executor 
 or administrator before the completion of the sale of real estate 
 under a license granted as above provided, the court may, upon 
 application, at any time within two years after issuing such prior 
 
CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 167 
 
 license, issue a new license to his successor without further notice or 
 hearing thereon. 
 
 Sec. 754. When deceased under contract to convey. — Where a de- 
 ceased person was in his lifetime under contract, binding in law, 
 to deed land, or an interest therein, the court having jurisdiction 
 of an estate may, on application for that purpose, grant license to 
 the executor or administrator to convey such land, according to 
 such contract or with such modifications as are agreed upon by the 
 parties, and approved by the court; and if the contract is to convey 
 lands to the executor or administrator, the judge of the court shall 
 execute the deed. The deed executed by such executor, adminis- 
 trator, or judge, shall be as effectual to convey such lands as if 
 executed by the deceased person in his lifetime; but no court shall 
 grant such license to deed the lands of the deceased person until 
 notice of the application for that purpose has been given to all 
 parties interested, under an order of such court, and published 
 two weeks successively previous thereto, in such newspaper as the 
 court directs; nor if it appears to the court on a hearing that the 
 assets in the hands of the executor or administrator will thereby 
 be reduced so as to prevent a creditor from receiving his full debt or 
 diminish his dividend. 
 
 Sec. 755. Lands held in trust to he conveyed. — Where a deceased 
 person in his lifetime held lands in trust for another person, the 
 court may, after notice given as required in the preceding section, 
 grant license to the executor or administrator to deed such lands to 
 the person, his executor, or administrator, for whose use and benefit 
 the}^ are holden; and the court may decree the execution of such 
 trust, whether created b}^ deed or by law. 
 
 Chapter XL. 
 
 FROM WHAT ESTATE DEBTS TO BE PAID. 
 
 Sec. 756. Personalty first chargeable for debts. — The personal 
 estate of a deceased person shall be first chargeable with the payment 
 of debts and expenses; and if the personal estate is not sufficient for 
 that purpose, the whole of the real estate, or so much thereof as is 
 necessary, may be sold for that purpose by the executor or adminis- 
 trator, after obtaining license therefor; and the executor or adminis- 
 trator shall have the right to the possession of the real as well as 
 the personal estate of the deceased, so long as is necessary for that 
 purpose. 
 
 Sec. 757. From what part of testate estate debts to he pnid. — If the 
 testator makes provision by his will, or designates the estate to be ap- 
 
168 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 propriated for the payment of his debts and the expenses of adminis- 
 tration or family expenses, they shall be paid according to the pro- 
 visions of the will. But if the provision made by the will or the 
 estate appropriated is not sufficient for that purpose, such part of the 
 estate of the testator, real or personal, as is not disposed of by will, 
 if any, shall be appropriated for that purpose. 
 
 Sec. 758. Legacy and decise liable for payment of debts. — The 
 estate, real or personal, given by will to the devisees, or legatees, 
 shall be liable for the payment of the debts, expenses of administra- 
 tion, and family expenses, in proportion to the amount of the several 
 devises or legacies, except that specific devises and legacies may be 
 exempted if it appears to the court necessary to carry into effect 
 the intention of the testator, and if there is sufficient other estate. 
 
 Sec. 759. Executor to retain possession of an estate, when. — When 
 the estate given by will is liable for the payment of debts and ex- 
 penses, or is liable to be taken to make up the share of a child born 
 after the execution of a will, or of a child or of the issue of a child 
 not provided for in the will, and not intentionally excluded there- 
 from, the executor may retain possession of the same until such 
 liability is settled by order of the court, and until the devises and 
 legacies so liable, are accordingly assigned by order of the court; 
 and a devisee or legatee may make his claim to the court to have 
 such liability settled and his devise or legacy assigned to him. 
 
 Sec 760. Devisees, legatees, and heirs, in possession, must con- 
 tribute. — Devisees and legatees who, with the consent of the executor 
 or otherwise, have possession of the estate given to them by will 
 before such liability is settled by the court, shall hold the same, sub- 
 ject to the several liabilities mentioned in the preceding section, and 
 shall contribute according to their respective liabilities to the ex- 
 ecutor, or to a devisee or legatee, from whom the estate devised to 
 him has been taken for the payment of debts or expenses, or to make 
 up the share of a child born after the making of the will, or of a 
 child or of the issue of a child omitted in the will and not inten- 
 tionally excluded thereby; and the persons who, as heirs, have re- 
 ceived the estate not disposed of by will, shall be liable to contribute 
 like the devisees or legatees. 
 
 Sec 761. When person Mablt to contribvte is insolvent or dead. — If 
 a person liable to contribute, according to the provisions of the pre- 
 ceding section, is insolvent and unable to pay his share the others 
 shall be severally liable for the loss occasioned by such insolvency, 
 in proportion to and to the extent of the estate they have received; 
 and if a person liable to contribute dies before paying his share, the 
 claim shall be valid against his estate as if it had been his proper 
 debt. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. K)9 
 
 Sec. 762. Court to fix contributor's shares. — The court having 
 jurisdiction of the estate, may, by decree for that purpose, after 
 hearing, settle the amount of the several liabilities as provided in 
 the preceding section, and decree how much, and in what manner, 
 each person shall contribute, and may issue execution if circum- 
 stances require. 
 
 Chapter XLI. 
 
 PAYMENT OF DEBTS. 
 
 Sec. 763. Debts to be paid in full if estate sufficient. — If, after the 
 amount of the claims against an estate is ascertained, as hereinbefore 
 provided, it appears that- the executor or administrator has in his 
 possession sufficient assets to pay the debts, he shall pay the same 
 within a time to be fixed by the court. 
 
 Sec. 764. Order of payment if estate insolvent. — If the assets which 
 can be appropriated for the payments are not sufficient for that pur- 
 pose, the executor or administrator shall, after paying the necessary 
 expenses of administration, pay the debts against the estate in the 
 following order: 
 
 1. The necessary funeral expenses ; 
 
 2. The expenses of the last sickness ; 
 
 3. Debts due to the United States ; 
 
 4. Taxes and assessments due to the Government, or any branch or 
 subdivision thereof ; 
 
 5. Debts due to the Government ; 
 
 6. Debts due to other creditors. 
 
 Sec. 765. Dividends to be paid in proportion to claim. — If there 
 are not assets sufficient to pay the debts of any one of the aforesaid 
 classes, after paying the preceding ones, each creditor within the 
 class for which there are not sufficient assets for payment in full, 
 shall be paid a dividend in proportion to his claim. No creditor of 
 any one class shall receive any payment until those of the preceding 
 class are paid. 
 
 Sec. 766. Estate of insolvent nonresident. — In case administration 
 is taken in the Canal Zone of the estate of a person who was at the 
 time of his decease an inhabitant of another country or state, and 
 who died insolvent, his estate found in the Canal Zone shall, as far as 
 practicable, be so disposed of that his creditors here and elsewhere, 
 may receive each an equal share in proportion to their respective 
 debts. 
 
 Sec. 767. Payment of claims outside the Canal Zone, against in- 
 aoleent residenfs estate. — If it appears to the court having jurisdic- 
 
170 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 tion of the estate that claims have been duly proven in another state 
 or country against the estate of an insolvent debtor, who was at his 
 decease an inhabitant of the Canal Zone, the executor or adminis- 
 trator within the Canal Zone having had knowledge of the presenta- 
 tion of such claims under foreign jurisdiction, and an opportunity 
 to contest their allowance, such court shall receive a certified list 
 of such claims, when perfected in such other state or country, and 
 add the same to the list of claims proven against the estate of the 
 deceased person in the Zone, so that a just distribution of the whole 
 estate may be made equally among all creditors, according to their 
 respective claims; but the benefit of this and the preceding sec- 
 tions shall not be extended to the creditors in another state or coun- 
 try, if the property of such deceased person there found is not ap- 
 propriated to the creditors residing in the Canal Zone with other 
 creditors, according to their respective debts. 
 
 Sec. 70S. Decree for payment of debts. — Upon the filing of the 
 executor's or administrator's report, the court shall order the pay- 
 ment of the debts and the distribution of the assets received by 
 the executor or administrator at the time, for that purpose, among 
 the creditors, as the circumstances of the estate require, according 
 to the provisions of this chapter. 
 
 Sec. 7G9. /// case of appeal. — If exceptions have been taken from 
 the action of the executor or administrator in rejecting a claim, the 
 court may suspend the order for the payment or may order the distri- 
 bution among the creditors whose claims are uncontested, leaving in 
 the hands of the executor or administrator sufficient assets to pay the 
 claim disputed and appealed. 
 
 When a disputed claim is finally settled, the court having jurisdic- 
 tion of the estate shall order the same to be paid out of the assets 
 retained, to the same extent and in the same proportion with the 
 claims of other creditors. 
 
 Sec. 770. Subsequent distributions. — If the whole of the debts are 
 not paid by the first distribution and if the whole assets are not dis- 
 tributed, or other assets afterwards come into the hands of the ex- 
 ecutor or administrator, the court may from time to time, make 
 further order for the distribution of assets. 
 
 'Sec. 771. After time fixed for payment, executor or administrator 
 personally liable. — When an order is made for the distribution of 
 assets among creditors, the executor or administrator, after the tune 
 of payment arrives, shall be personally liable to the creditors for 
 their debts, or the dividend thereon, as for his own debt: he shall 
 also be liable on his bond. 
 
 Sec. 772. Court fo ft'.r time for /xn/iiKj debts and hijacirs. — The 
 court, at the time of granting letters testamentary or of admmistra- 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 17] 
 
 tion, shall allow to the executor or administrator a time for dis- 
 posing of the estate and paying the debts and legacies of the 
 deceased person, which time shall not, in the first instance, exceed 
 one year; but the court may, on application of the executor or ad- 
 ministrator, from time to time, as the circumstances of the estate 
 require, extend the time not exceeding six months at a time, nor so 
 that the whole time allowed to the original executor or administrator 
 shall exceed two years. 
 
 Sec. 773. Hearing on question of extending time. — When an ex- 
 ecutor or administrator makes application to have the time for pay- 
 ing debts or legacies extended beyond one year, the court shall 
 appoint a time for hearing and deciding on such application, and 
 cause notice thereof to be given to all persons interested, by publica- 
 tion two weeks successively in a newspaper of general circulation 
 in the Zone, to be designated by the court; and an order extending 
 the time shall not be granted unless such notice has been given. 
 
 Sec 774. Successor of executor or administrator dying, mag hare 
 time extended. — When an executor or administrator dies and a new 
 executor or administrator of the same estate is appointed, the court 
 ma}' extend the time allowed for the payment of the debts or legacies 
 beyond the time allowed to the original executor or administrator, 
 not exceeding six months at a time, and not exceeding six months 
 beyond the time which the court might have allowed to such original 
 executor or administrator ; and notice shall be given of such applica- 
 tion and of the time and place of hearing, as required in the preceding 
 section. 
 
 CONTINGENT CLAIMS. 
 
 Sec. 775. Claims may be presented to executor or administrator.— 
 If a person is liable as surety for deceased, or has other contingent 
 claims against his estate which can not be proved as a debt before the 
 executor, the same may be presented with the proof, to the executor, 
 who shall state in his report that such claim was presented. 
 
 Sec. 77G. Estate to be retained to meet claims. — If the court is sat- 
 isfied from the report of the executor, or from proofs exhibited to it, 
 that such contingent claim is valid, it may order the executor to 
 retain in his hands sufficient estate to pay such contingent claim. 
 when the same becomes absolute, or if the estate is insolvent, suffi- 
 cient to pay a portion equal to the dividend of the other creditor-. 
 
 Sec. 777. Claim becoming absolute in two years, how allowed. — 
 If such contingent claim becomes absolute and is presented to the 
 court, or to the executor or administrator, within two years from the 
 time limited for other creditors to present their claims, it may be 
 allowed by the court if not disputed by the executor or administrator. 
 
172 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 and, if disputed, it may be settled by the court upon a hearing as in 
 the case of exceptions to an executor's report. 
 
 Sec. 778. Such creditor to receive in same proportion as others. — 
 If such contingent claim is allowed, the creditors shall receive pay- 
 ment to the same extent as the other creditors, if the estate retained 
 by the executor or administrator is sufficient. But if the claim is not 
 established within the time limited in the preceding section, or if the 
 assets retained in the hands of the executor or administrator are not 
 exhausted in the pa}<ment of such claims, such assets, or the residue 
 of them, shall be disposed of by the order of the court to the persons 
 entitled to the same; but the assets so distributed shall still remain 
 subject to the liability of the claim when established, and the cred- 
 itor may maintain an action against the distributees to recover his 
 debt, and such distributees and their estates shall be liable for such 
 debts in proportion to the estate they have respectively received from 
 the property of the deceased. 
 
 Chapter XLII. 
 
 ESCHEATS. 
 
 Sec. 779. Procedure when person dies intestate without heirs. — 
 When a person dies intestate, seized of real or personal property in 
 the Canal Zone, leaving no heir or person by law entitled to the same, 
 the collector of revenues of the Zone or other officer discharging his 
 duties may file a petition with the court of the circuit where the 
 intestate resided or any portion of his real estate lies for an inquisi- 
 tion in the premises; the court shall thereupon appoint a time and 
 place of hearing and cause a notice thereof to be published in some 
 newspaper of general circulation. The notice shall recite the sub- 
 stance of the facts and request set forth in the petition, the time and 
 place at which persons claiming the estate may appear and be heard 
 before the court, and shall be published at least four weeks succes- 
 sively, the last of which publication shall be at least four weeks before 
 the time appointed by the court to make inquisition. 
 
 Sec. 780. Decree of court in such case. — If, at the time appointed 
 for that purpose, the court finds that the person died intestate, seized 
 of real or personal property in the Zone leaving no heir or persons 
 entitled to the same, and no sufficient cause is shown to the contrary, 
 the court shall order and decree that the estate of the deceased in the 
 Canal Zone, after the payment of just debts and charges, shall es- 
 cheat ; and the said estate shall be administered upon by the collector 
 of revenues and the proceeds be paid in to the Zone treasurer, 
 the proceeds of the personal estate for the use of the schools of the 
 administrative district where the deceased resided, and the proceeds 
 of the real estate for the use of the schools of the respective admin- 
 istrative districts where the real estate lies. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 173 
 
 Sec. 781. Right of heir, and so forth, subsequently appearing. — 
 If a devisee, legatee, heir, widow, husband, or other person entitled 
 to such estate, within ten years from the date of such decree, ap- 
 pears and files claim with the court to such estate, he shall have pos- 
 session of the same, or if sold, the government of the Canal Zone shall 
 be accountable to him for the avails, after deducting reasonable 
 charges for the same of the estate ; but if the claim is not made within 
 the time mentioned it shall be forever barred. 
 
 Chapter XLIII. 
 
 DISTRIBUTION OF ESTATE. 
 
 Sec 782. Order of distribution. — After payment of the debts, 
 funeral charges, and expenses of administration, and the allowance, 
 if any, made for the expense of maintenance of the family of de- 
 ceased, the court shall assign the residue of the estate to the persons 
 entitled to the same, and in its order the court shall name the per- 
 sons and proportions, or parts to which each is entitled, and such 
 persons may demand and recover their respective shares from the 
 executor or administrator, or any other person having the same in his 
 possession : Provided, however, That nothing in this Code contained 
 shall be construed to alter the existing Panamanian law as to the 
 restriction of the right of the testator to disinherit his children or 
 other relatives. 
 
 Sec 783. Parties interested may have order. — Such order may be 
 made on the application of the executor or administrator, or of a 
 person interested in the estate; but the heirs, devisees, or legatees, 
 shall not be entitled to an order for their share, until the payment 
 of the debts and allowances mentioned in the preceding section, and 
 the several expenses therein mentioned have been made or provided 
 for, unless they give a bond with such surety or sureties as the court 
 directs, to secure the payment of such debts, expenses or allowances, 
 or any part thereof as remain unpaid or unprovided for, and to in- 
 demnify the executor or administrator against the same. 
 
 Sec 784. Share of child born after making will. — When a child of 
 a testator is born after the making of a will, and no provision is 
 therein made for him, such child shall have the same share in the 
 estate of the testator as if he had died intestate; and the share of 
 such child shall be assigned to him as in cases of intestate estates, 
 unless it was apparent from the will that it was the intention of the 
 testator that no provision should be made for such child. 
 
 Sec 785. Share of child or issue of child omitted from will. — 
 
 When a testator omits to provide in his will for any of his children, 
 
 or for issue of a deceased child and it appears that such omission was 
 
 made by mistake, or accident, such child, or the issue of such child 
 
 803a -07— m 12* 
 
174 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 shall have the same share in the estate of the testator as if he had 
 died intestate, to be assigned to him as in the case of intestate estates. 
 
 Sec. 786. From what part of estate such shares taken. — When a 
 share of a testator's estate is assigned to a child born after the making 
 of the will, or to a child or issue of a child omitted in the will, the 
 same shall first be taken from the estate not disposed of by the will, 
 if there is any, and if there is not sufficient so much as is necessary 
 shall be taken from the devisees or legatees in proportion to the value 
 of the estate they respectively receive under the will; but if the 
 obvious intention of the testator as to some specific devise or bequest, 
 oi' other provision of the will, would thereby be defeated, such 
 specific devise, legacy, or provision, may be exempted from such ap- 
 portionment and a different apportionment adopted, in the discretion 
 of the court. 
 
 Sec 787. Devisee dying before testator. — When a devise or legacy 
 is made to a child or other relation to the testator, and the devisee 
 or legatee dies before the testator, leaving issue surviving the tes- 
 tator, such issue shall take the estate so given as the devisee or legatee 
 would have done, if he had survived the testator, unless a different 
 disposition is required by law. 
 
 Sec 788. Share of person absent and unheard of. — If a person en- 
 titled to a distributive share of the estate of a deceased person is ab- 
 sent and unheard of for ten years, either before or after the death 
 of such deceased person, the court may two years after the deceased 
 person's death order the share of such absent person distributed 
 among his lineal heirs, if he has any, otherwise among the heirs 
 of such deceased person ; but if such absent person proves to be alive 
 he shall be entitled to his estate notwithstanding such distribution, 
 and may recover any portion thereof which any one has received 
 under such order; and before an order is made for the payment 
 or distribution of any money or estate herein authorized, the court 
 shall cause the same notice to be given as upon the settlement of an 
 administrator's account, and such other notice, by publication or 
 otherwise, as the court deems proper. 
 
 Sec 780. Adrancement to lineal heirs. — Estate, real or personal, 
 given by the intestate in his lifetime to a child or lineal descendant, 
 shall be reckoned toward the share of such heir, and for that purpose 
 shall be considered a part of the estate of the intestate, under the 
 following circumstances only : 
 
 1. When in the gift or grant it is expressed to be an advancement; 
 
 2. When such estate is charged to the child or lineal descendant, 
 in writing, by the deceased upon his books or papers ; 
 
 3. When such estate is acknowledged as such by the child or lineal 
 descendant in writing: 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 175 
 
 4. When personal estate is delivered expressly as advancement be- 
 fore two witnesses requested to take notice of it. If the amount so 
 advanced exceeds the share of the heir, he shall be excluded from any 
 further share in the estate; but he shall not be liable to refund any 
 part of the share so advanced; and if the advancement is less than 
 the share of such heir, he shall receive such further sum as, with 
 such advancement, will be equal to his legal share in the estate. If 
 the amount so advanced is in real estate, the same shall be set off, 
 first, toward the heir's share of real estate, and if more than his 
 share of real estate, the balance shall be set off toward his share of 
 personal estate, and if the advancement is in personal estate, the 
 same shall be set off, first, toward the heir's share, in personal estate, 
 then toward his share in the real estate. But if the heirs consent, 
 a different application of the advancement may be made. 
 
 If the child or other lineal descendant, to whom such advancement 
 is made, dies before the intestate, the advancement shall be reckoned 
 toward the share of the representative of such child, or other lineal 
 descendant, as it would be reckoned toward the share of the heir, 
 if living. 
 
 Where the value of the advancement is expressed in the conveyance, 
 or the charge of the same, or in the acknowledgment of the person 
 receiving it, or by the intestate at the time of delivering it before 
 two Avitnesses, such advancement shall be taken to be of the value 
 so expressed; otherwise it shall be estimated according to the value 
 at the time of making it. 
 
 Sec. 790. Questions as to advancement to be determined by the 
 court.— Questions as to advancement made, or alleged to have been 
 made, by the deceased, to any heirs or lineal descendants, may be 
 heard and determined by the court having jurisdiction of the estate, 
 and shall be specified in the decree directing the distribution of the 
 estate; and the final decree of the court, either originally or on appeal, 
 shall be binding on the person interested in the estate. 
 
 Sec 791. Partition of an estate already assigned. — Where the real 
 estate assigned to two or more heirs, devisees, or legatees is in com- 
 mon and undivided, and their respective shares are not separated 
 and distinguished, partition and distribution of the same, wherever 
 situate, may be made, upon application to the court or judge having 
 jurisdiction of the estate by any party in interest, by petition for 
 that purpose. Upon the filing of the petition the court or judge 
 shall appoint commissioners to make the partition, and the proceed- 
 ings of such commissioners, and of the court in its action upon the 
 report of the commissioners, shall be in all respects the same as in this 
 Code provided for partition of real estate by action. Such partition 
 may be made although some of the original heirs or devisees have 
 
176 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 conveyed their shares to other persons; and such shares shall be 
 set to the persons holding the same as they would have been to the 
 heirs or devisees. The whole estate may be assigned to one or more 
 of the heirs or may be sold under the directions of the court as pro- 
 vided in this Code in relation to partition of real estate by action. 
 The fees of the commissioners shall be the same as provided in this 
 Code for commissioners for partition of real estate by action. 
 
 Sec. 792. Expenses of partition may he paid from estate. — If. at 
 the time of partition or distribution of the estate, the executor or 
 administrator has retained suflicient effects in his hands which may 
 lawfully be applied for that purpose, the expenses of such partition 
 or distribution may be paid by such executor or administrator when 
 it appears equitable to the court and not inconsistent with the inten- 
 tion of the testator; otherwise, they shall be paid by the parties 
 in proportion to their respective shares or interest in the premises, 
 and the apportionment shall be settled and allowed by the court, 
 and, if any person interested in the partition does not pay his pro- 
 portionate share, the court may issue an execution in the name of 
 the executor or administrator against the party not paying, for the 
 sum assessed. 
 
 Sec 793. Recording the decrees of partition of estate. — Certified 
 copies of final orders of the court, relating to the estate or the parti- 
 tion thereof, shall be recorded in the. registry of land titles of the 
 circuit where the land is situated. 
 
 Chapter XLIV. 
 
 ADOPTION AND CUSTODY OF MINORS. 
 
 Sec 794. How a child may be adopted. — An inhabitant of the 
 Canal Zone, not married, or a husband and wife jointly, may peti- 
 tion the Circuit Court of the circuit in which they reside for leave 
 to adopt a minor child; but a written consent must be given for 
 the adoption by the child, if of the age of fourteen years, and by 
 each of his or her living parents who is not hopelessly insane or in- 
 temperate, or has not abandoned such child, or if there are no such 
 parents, or if the parents are unknown, or have abandoned such child, 
 or if they are hopelessly insane or intemperate, then by the legal 
 guardian, or if there is no such guardian, then by a discreet and 
 suitable person appointed by the court to act in the proceedings as 
 the next friend of such child; but when such child is an inmate of 
 a charitable or eleemosynary institution within the Canal Zone, and 
 has been previously abandoned by its parents or guardians thereto, 
 then the written consent of the head of such institution must be 
 given: Provided, nevertheless, That nothing herein contained shall 
 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 177 
 
 authorize a guardian to adopt his ward before the termination of the 
 guardianship and the final settlement an dapproval of his accounts 
 as guardian by the court. 
 
 Sec. 795. Adoption by stepfather. — Any inhabitant of the Canal 
 Zone, being the husband of any woman who has a minor child by a 
 former husband, may petition the court of the circuit in which he 
 resides for leave to adopt such minor child and for a change in the 
 name of such child; but the written consent must be given to the 
 adoption try the child, if of the age of fourteen years, and by the 
 mother of such child, if she is not hopelessly insane or intemperate, or 
 if such mother is hopelessly insane or intemperate, then by the legal 
 guardian of such child, or if there is no such guardian, then by a 
 discreet and suitable person appointed by the court to act in the pro- 
 ceedings as the next friend of such child or children. 
 
 Sec. 796. Order of the court. — When the foregoing provisions are 
 complied with, if the court is satisfied with the ability of the peti- 
 tioner to bring up and educate the child properly, having reference 
 to the degree and condition of the child's parents and the fitness and 
 propriety of such adoption, it shall make an order setting forth the 
 facts and declaring that from that date said child, to all legal intents 
 and purposes, is the child of the petitioner and that its name is 
 thereby changed. The order shall be recorded in the records of the 
 court. 
 
 Sec. 797. Effect of the order. — The natural parents, except when 
 such child is adopted under the provisions of the second preceding 
 section shall, by such order, be divested of all legal rights and obliga- 
 tions in respect to the child, and the child shall be free from all 
 legal obligations of obedience and maintenance with respect to them. 
 Such child shall be to all intents and purposes the child and legal heir 
 of the person adopting him or her, entitled to all the rights and privi- 
 leges, and subject to all the obligations of a child of such person 
 begotten in lawful wedlock: Provided, nevertheless, That the child 
 so adopted shall remain the legal heir of his father and mother, and 
 in case of the death of the child, his father and mother and relatives 
 by nature, shall remain his legal heirs. 
 
 Sec. 798. Illegitimate child. — If the child to be adopted is illegiti- 
 mate, the consent of the father to adoption shall not be required. 
 
 Sec. 799. Order as to vagrant, incorrigible, neglected, or abused 
 child. — When the parent or parents of any minor child shall be un- 
 able through vagrancy, negligence, or misconduct to support such 
 child, or if able, shall neglect or refuse to support such child, or when 
 such parent or parents shall unlawfully beat or otherwise habitually 
 maltreat such child, or cause or allow it to engage in common beg- 
 ging, the Circuit Court of the Circuit in which the parents live or 
 
178 CODE OP CIVIL PROCFDURE OF THE CANAL ZONE. 
 
 in which the child is found, if vagrant, upon complaint by affidavit 
 of some reputable citizen of the Circuit, in behalf of such child, set- 
 ting forth the facts bringing the case within this section, may issue a 
 summons requiring such parent or parents to appear and answer 
 such complaint, and if the parent or parents can not be found, the 
 summons may require his nearest relative to appear in the interest 
 of his parent or parents ; and if, upon hearing, all the matters com- 
 plained of, the court find the same to be true, and that it is for the 
 best interest of such child to be taken from such parent or parents, 
 the court may make an order to that effect, and it may order the 
 placing of such child in any suitable orphan asylum or children's 
 home, or with some other benevolent society, to be taken and cared 
 for and placed in homes found for them, by adoption or otherwise, 
 by such asylum, children's home or society. 
 
 Sec. 800. Children of parents separated or divorced. — When hus- 
 band and wife are living separate and apart from each other, or are 
 divorced, and the question as to the care, custody and control of the 
 offspring of their marriage is brought before a Circuit Court, by 
 petition or otherwise, or rises as an incident to any other proceeding, 
 the father and mother of such offspring shall stand upon an equality 
 before the court as to the care, custody, and control of the offspring, 
 so far as it relates to their being either the father or mother of the 
 children. The Court, upon hearing the testimony of either or both 
 of the parents, and such other testimony as the court deems pertinent, 
 shall decide which one of them shall have the care, custody, and 
 control of such offspring, taking into account that which will be for 
 the best interest of the children : Provided, That if such offspring be 
 ten years of age or more they be allowed to choose which parent they 
 prefer to live with, unless the parent so selected by such child be 
 unfitted to take charge of such child by reason of moral depravity, 
 habitual drunkenness, incapacity, or poverty, in which case the court 
 shall determine the custodian of such child. If, upon such hearing, it 
 should be proven to the court that both parents are improper persons 
 to have the care, custody, and control of such child, the court may, 
 in its discretion, either designate some reputable and discreet person 
 to take charge of such child, or may commit it to any asylum, chil- 
 dren's home, or other similar benevolent society within the Canal Zone. 
 The court may order either or both parents to support or help sup- 
 port said child, irrespective of who may be its custodian. The 
 court shall have full power and authority to make any order or 
 decree that is just and reasonable, permitting the parent who is 
 deprived of such care and custody of said child to visit it and to have 
 temporary custody thereof. 
 
 Sec. 801. Appeal. — Either parent maj T appeal from the order of 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. ] 79 
 
 court, made in accordance with the last preceding section, to the 
 Supreme Court in the manner provided for appeals in special pro- 
 ceedings. 
 
 Chapter XLV. 
 
 APPEALS IN SPECIAL PROCEEDINGS. 
 
 Sec 802. Appeal from settlement of account of administrator, 
 executor, trustee, or guardian. — Any person legally interested in a 
 final order, or decree, or judgment of a Circuit Court settling the 
 account of an executor, administrator, trustee, or guardian, may 
 appeal from such order, decree, or judgment, to the Supreme Court 
 and such appeal shall be heard by the Supreme Court in the manner 
 provided in this Code. All items of the account shall be open on 
 the appeal. The decision of the Supreme Court thereon shall be 
 final. 
 
 Sec. 803. Method of perfecting such appeal. — The person thus ap- 
 pealing shall perfect his appeal within twenty-one days after the 
 entry of the order, decree, or judgment by the Circuit Court, by 
 filing with the clerk of that court a statement in writing that he 
 appeals to the Supreme Court from such order, decree, or judgment. 
 The clerk shall thereupon transmit to the Supreme Court a certified 
 transcript of the account embraced in the order, decree, or judgment, 
 and of the order, decree, or judgment appealed from, and of the 
 appeal. 
 
 Sec. 804. Bond for appeal. — Before an appeal is allowed the per- 
 son appealing under the two preceding sections shall give a satis- 
 factory bond to the court, conditioned that he will prosecute the 
 appeal to effect and pay the intervening damages and costs occasioned 
 by such appeal. 
 
 Sec. 805. Appeal in case of allowance or disallowance of wills. — ■ 
 Any person interested in the allowance or disallowance of a will by 
 a Circuit Court, may appeal to the Supreme Court from such allow- 
 ance or disallowance, by filing with the Circuit Court an application 
 for an appeal, within twenty days after the entry of the judgment 
 allowing or disallowing the will, and by the execution and filing of 
 a bond such as is provided in the preceding section. Upon the 
 filing of such appeal and bond, it shall be the duty of the clerk 
 forthwith to transmit to the Supreme Court a certified copy of the 
 will, and of all the evidence taken upon the trial, and of the judg- 
 ment of the court thereon, and also the original will itself, in case 
 any question of the handwriting is involved in the controversy. In 
 case the original will is transmitted to the Supreme Court the clerk 
 of the Circuit Court shall retain in his files a certified copy thereof. 
 
 Sec. 806. Appeal from decree of distribution. — If there shall be a 
 
180 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 controversy before the Circuit Court as to who the lawful heirs of 
 the deceased person are, or as to the distributive share to which each 
 person is entitled under the law, the testimony as to such contro- 
 versy shall be taken in writing by the judge, under oath, and signed 
 by the witnesses. Any party in interest whose distributed share is 
 affected by the determination of such controversy may appeal from 
 the judgment of the Circuit Court determining such controversy, 
 to the Supreme Court, within the time and in the manner provided 
 in the last preceding section, and it shall thereupon be the duty of 
 the clerk of the Circuit Court forthwith to transmit to the Supreme 
 Court a certified copy of all the testimony taken upon that issue, 
 and of the judgment of the court thereon. 
 
 Sec. 807. Appeals allowed in other cases affecting settlement of 
 estate. — Any person legally interested in any other order, decree, 
 or judgment of a Circuit Court in the exercise of its jurisdiction in 
 special proceedings in the settlement of the estates of deceased per- 
 sons or the administration of guardian and trustees, may appeal 
 to the Supreme Court fiom such order, decree, or judgment when 
 such order, decree, or judgment constitutes a final determination 
 of the rights of the parties so appealing, and the appeal shall be 
 effected in the manner provided in the two preceding sections : Pro- 
 vided, That no appeal shall be allowed from the appointment of a 
 special administrator. 
 
 Chapter XLVI. 
 
 FORMS AND FEES. 
 
 Sec 808. Forms. — -The following forms may be used in civil courts 
 in the Canal Zone in actions and special proceedings, and shall, as 
 near as circumstances will permit be adopted ; but alterations may be 
 made and allowed by rules of court, and pleadings and process not 
 in these forms, but in substantial compliance with the law, shall be 
 .sufficient. 
 
 1. Form of general heading for all written pleadings in an action. 
 United States of America, 
 
 Canal Zone. 
 
 In the Circuit Court for the Circuit. 
 
 Between A B., plaintiff, and C D., defendant, (or- in the matter of 
 '). 
 
 2. Form of complaint to recover money lent. — The plaintiff says 
 that: 
 
 1. On the day of , 19__, at , he lent the 
 
 defendant the sum of $ repayable on demand (or, on the 
 
 day of 19-_) with interest on the same from the said day 
 
CODE OP CIVIL PROCEDURE OF THE CANAL. ZONE. 181 
 
 of , 19 , until payment at the rate of __ per centum per 
 
 annum. 
 
 2. The defendant has not paid the said sum or interest thereon or 
 any part of the same (except as follows ) ; 
 
 3. The plaintiff prays judgment for the said sum of $ , re- 
 maining unpaid, with interest from the said day of , 
 
 19 , at the above rate, together with the costs of the action. 
 
 3. For money received to plaintiffs use. — The plaintiff says that : 
 
 1. On or about the day of , 19 , the defendant received 
 
 $ (or, a certain bank check or draft upon the bank of 
 
 amounting to $ ) from one E. F., for the use of the plaintiff; 
 
 2. The defendant has not paid (or delivered) the same; 
 
 3. The plaintiff prays judgment for $ with interest at 
 
 per cent from the day of , 19 , together with the cost 
 
 of the action. 
 
 4- For price of goods sold by a factor. — The plaintiff says that : 
 
 1. On the day of 19 , at , he delivered 
 
 to the defendant (here state the goods delivered) for sale on com- 
 mission ; 
 
 2. On the day of , 19 , (or, on some day unknown' to 
 
 the plaintiff before the day of 19 ,) the defendant 
 
 sold the said merchandise for $ ; 
 
 3. The commission and expenses of the defendant thereon amount- 
 ing to $ ; 
 
 If. On the day of , 19 , the plaintiff demanded from 
 
 the defendant the proceeds of said merchandise. 
 
 5. The defendant has not paid the same. 
 
 6. The plaintiff prays judgment for said sum of $ with 
 
 interest from said day of , 19 , at the rate of __ per 
 
 cent per annum, together with the costs of the action. 
 
 5. For goods sold at a fixed price and delivered. — The plaintiff 
 says that: 
 
 1. On the day of , 19 , at ' , he sold and 
 
 delivered to the defendant (here describe the goods sold and de- 
 livered) ; 
 
 2. The defendant promised to pay $ , for said goods on 
 
 delivery (or, state manner in which payment was to be paid) ; 
 
 3. The defendant has not paid the same. 
 
 4. (Demand for judgment as in previous forms.) 
 
 6. For goods sold at a reasonable price and delivered. — The plain- 
 tiff says that : 
 
 1. On the day of , 19 , at , he sold and 
 
 delivered to the defendant (here state the goods sold and delivered), 
 but no express agreement was made as to price. 
 
 2. The said goods were reasonably worth $ 
 
182 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 3. The defendant has not paid the same. 
 
 4. (Demand for judgment as in previous forms.) 
 
 7. For goods made at defendant's request and not accepted. — The 
 plaintiff says that : 
 
 1. On the day of , 19__, at , the defend- 
 ant agreed with the plaintiff that the plaintiff should make for the 
 defendant (here describe the articles), and that the defendant should 
 pay for the same upon delivery thereof $ ; 
 
 2. The plaintiff made the said goods, and on the day of , 
 
 19 , offered to deliver the same to the defendant, and has ever 
 
 since been ready and willing so to do. 
 
 3. The defendant has not accepted the goods or paid for the same; 
 
 4. (Demand for judgment.) 
 
 8. For deficiency upon the sale of goods sold at auction. — The 
 plaintiff says that: 
 
 1. On the day of , 19__, at , the plain- 
 tiff put up at auction (sundry articles of merchandise) subject to the 
 condition that all goods not paid for and removed by the purchaser 
 thereof immediately after the sale should be resold by auction on his 
 account, of which condition the defendant had notice ; 
 
 2. The defendant purchased (describe the articles) at the said 
 auction at the price of $ ; 
 
 3. The plaintiff was ready and willing to deliver the same to the 
 defendant on the said date, of which the defendant had knowledge ; 
 
 4. The defendant did not take away the said goods purchased by 
 him nor pay therefor, at the time of said purchase nor since; 
 
 5. On the same day at the same place, the plaintiff resold the said 
 goods on account of the defendant at public auction for $ ; 
 
 6. The expenses attendant upon such resale amounted to $ ; 
 
 7. The defendant has not paid the deficiency thus arising amount- 
 ing to $ ; 
 
 8. (Demand for judgment.) 
 
 9. For services at a fixed price. — The plaintiff says that : 
 
 1. On the day of , 19__, at , the defendant 
 
 employed plaintiff as clerk at a salary of $ per year (or other- 
 wise employed him. as the case may be) ; 
 
 2. From the said date until the day of , 19__, the plain- 
 tiff served the defendant as clerk (or otherwise, as the case may be) ; 
 
 3. The defendant has not paid the said salary (except the sum 
 of$ ); 
 
 4- (Demand for judgment.) 
 
 10. For rent reserved in lease. — The plaintiff says that : 
 
 /. The plaintiff, by deed, let to the defendant a piece of land (or 
 certain buildings) for years (or months, or days as the case 
 
CODE OP CIVIL PEOCEDUKE OP THE CANAL ZONE. 183 
 
 may be), to hold from the day of , 19__, at $ a 
 
 year, payable quarterly (or upon other terms, as the case may be) ; 
 
 2. Of such rent quarters are due and unpaid, amounting to 
 
 $ 
 
 3. (Demand for judgment.) 
 
 11. For use and occupation at a reasonable rent. — The plaintiff says 
 that: 
 
 1. The defendant used and occupied the (land or building, located 
 
 at ), belonging to the plaintiff from the day 
 
 of , 19__, but no agreement was made as to amount of payment 
 
 for the use of said premises ; 
 
 2. The use of the said premises for the said period was reasonably 
 worth $ ; 
 
 3. Defendant has not paid the same ; 
 
 4. (Demand for judgment.) 
 
 12. For carriage of goods.- — The plaintiff saj^s that: 
 
 1. On the day of , 19 , the plaintiff at the request of 
 
 the defendant, carried in his ship (wagons, railroad cars, by hand, or 
 otherwise, as the case may be) certain goods (stating them) from 
 to _____; 
 
 2. The defendant promised to pay the plaintiff the sum of $ , 
 
 as freight thereon ; 
 
 3. The defendant has not paid the same or any part thereof ; 
 
 4. (Demand for judgment.) 
 
 13. Payee against maker of promissory note. — The plaintiff says 
 that: 
 
 1. On the day of , 19__, at , the defendant, 
 
 by his promissory note, now overdue, promised to pay to the plaintiff 
 $ , on the day of , 19 , (or days after date) ; 
 
 2. The said note was in the words and figures following (here copy 
 note) : 
 
 3. The defendant has not paid the same (except $ on the 
 
 day of , 19__). 
 
 4. (Demand for judgment.) 
 
 14. First endorsee against maker of note. — The plaintiff says that : 
 
 1. On the day of , 19 , at the defend- 
 ant, by his promissory note, now overdue, promised to pay to the 
 
 order of $ on the day of 19 (or 
 
 days after date). 
 
 2. The said endorsed the same to the plaintiff. 
 
 3. The said note and endorsements are in words and figures fol- 
 lowing: (here copy) ; 
 
 4- The defendant has not paid the same; 
 
 5. (Demand for judgment.) 
 
184 CODE OF CIVIL, PROCEDURE OF THE CANAL ZONE. 
 
 15. Subsequent endorsee against maker. — The plaintiff says that: 
 
 1. On the day of , 19 , at the defendant, 
 
 by his promissory note, now overdue, promised to pay to the order of 
 
 E. F. $ on the day of , 19 , (or, days after 
 
 date) ; 
 
 2. The same Vas by the endorsement of the said E. F. (and others, 
 if they were endorsers) transferred to the plaintiff; 
 
 3. The said note and endorsements were in words and figures fol- 
 lowing: (here copy); 
 
 4- The defendant has not paid the same; 
 5. (Demand for judgment.) 
 
 16. First endorsee against first endorser. — The plaintiff says that: 
 
 1. On the day of , 19__, at E. F. by his 
 
 promissory note, now overdue, promised to pay to the order of the 
 
 defendant $ on the day of , 19 , (or days 
 
 after date) ; 
 
 2. The defendant endorsed the same to the plaintiff; 
 
 3. The said note and endorsements were in words and figures fol- 
 lowing: (here copy); 
 
 4. On the day of , 19 , the same was duly presented 
 
 for payment, but was not paid (or, state facts excusing want of 
 presentment) ; 
 
 5. The defendant had due notice thereof ; 
 
 6. The defendant has not paid the same; 
 
 7. (Demand for judgment.) 
 
 17. Subsequent endorsee against maker, first and second endorser. — 
 The plaintiff says that : 
 
 1. On the day of , 19__, at the defendant, 
 
 C. D., by his promissory note, now overdue, promised to pay to the 
 
 order of the defendant E. F., $ on the day of , 
 
 19 , (or, days after date) ; 
 
 2. The said defendant endorsed the same to the defendant, G. H., 
 who endorsed it to plaintiff ; 
 
 3. The said promissory note and the endorsements thereon were in 
 the words and figures following: (here copy) 
 
 4. On the day of , 19__, the same was presented (or, 
 
 state facts excusing the want of presentment) to the said C. D. for 
 payment, but was not paid ; 
 
 5. The said E. F. and G. H. had due notice thereof ; 
 
 6. The defendants, or either of them, have not paid the same ; 
 
 7. (Demand for judgment.) 
 
 18. On a marine insurance policy on a vessel lost by the perils of the 
 sea. — The plaintiff says that: 
 
 1. The plaintiff was the owner of (or, had an interest in) the 
 ship at the time of its loss as hereinafter mentioned; 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 185 
 
 2. On the day of , 19__, the defendant in consideration 
 
 of $ to him paid (or, which plaintiff then promised to pay) 
 
 executed to him a policy of insurance upon said ship, whereby he 
 
 promised to pay the plaintiff days after the proof of loss and 
 
 interest, all loss and damage accruing to him by reason of the 
 destruction or injury of the said ship during its next voyage from 
 
 to whether by perils of the sea of fire or 
 
 by other causes therein mentioned, not exceeding $ ; 
 
 3. The said vessel while proceeding on the voyage mentioned in 
 
 the said policy, was on or about the day of , 19__, totally 
 
 lost by the perils of the sea (or otherwise) ; 
 
 Jf. The plaintiff's loss thereby was $ ; 
 
 5. The plaintiff duly performed all the conditions of the said 
 policy on his part; 
 
 6. The defendant has not paid the said loss ; 
 
 7. (Demand for judgment.) 
 
 19. Action on a fire insurance policy. — The plaintiff says that: 
 
 1. The plaintiff was the owner of (or, had an interest in) a 
 
 dwelling house (or other building) known as No. , 
 
 street, in the city of , at the time of its destruction (or 
 
 injury) by fire, as hereinafter mentioned; 
 
 2. On the day of , 19__, at , in considera-. 
 
 tion of $ , paid to it (or , promised to be paid to it) the 
 
 defendant executed to the plaintiff a policy of insurance on said 
 premises for the amount of $ ; 
 
 3. On the day of , 19__, the said (dwelling house, or 
 
 other building) was totally destroyed (or greatly damaged) by fire; 
 
 4. The plaintiff's loss thereby was $ ; 
 
 5. The plaintiff has duly performed all the conditions of said 
 policy on his part; 
 
 6. The defendant has not paid the said loss; 
 
 7. (Demand for judgment.) 
 
 20. For breach of agreement to convey land. — The plaintiff says 
 that: 
 
 1. On the day of , 19__, at , the plaintiff 
 
 and defendant entered into an agreement, in writing, under their 
 hands (here state the terms of agreement) ; 
 
 2. On the day of , 19__, (the date mentioned in the 
 
 agreement, if any,) the plaintiff demanded the conveyance of the 
 said property from the defendant and tendered the said sum of 
 
 $ , to the defendant, and all conditions were fulfilled, and the 
 
 time has elapsed necessary to entitle the plaintiff to have the said 
 agreement performed by the defendant on his part; 
 
 3. The defendant has not executed any conveyance of the said 
 property to the plaintiff ; 
 
186 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 4- (Here state damages, ordinary and special.) 
 
 5. The plaintiff prays judgment for $ , compensation for 
 
 breach of said agreement, together with the costs of the action. 
 
 21. For breech of contract to serve. — The plaintiff says that: 
 
 1. The plaintiff and defendant mutually agreed that the plaintiff 
 should employ the defendant at (an annual or other) compensation 
 
 of $ , and that the defendant should serve the plaintiff (as 
 
 clerk or otherwise), for the term of ; 
 
 2. The plaintiff has always been ready and willing to perform his 
 part of the said agreement, and on the day of , 19 , of- 
 fered to do so ; 
 
 3. The defendant entered upon the service of the plaintiff on the 
 
 above-mentioned day, but afterwards, on the day of , 
 
 19 — , without just cause, refused longer to serve the plaintiff afore- 
 said ; 
 
 4- (Here state damages, ordinary or special) ; 
 5. (Demand for judgment.) 
 
 22. For breach of warranty of chattels. — The plaintiff says that : 
 
 1. On the of , 19__, at , the defendant war- 
 ranted to the plaintiff (a steam engine, or other chattel) to be in good 
 working order, and thereby induced the plaintiff to purchase the same 
 of him, and to pay him (or to promise to pay him) $ therefor; 
 
 2. The said (steam engine or other chattel) was not then in good 
 working order, whereby the plaintiff incurred expense in having the 
 same (engine) repaired, and lost the profit which would otherwise 
 have accrued to him while the (engine) was under repair; 
 
 3. The expenses incurred in such repair was $ , and the loss 
 
 of profit which would otherwise have occurred to him while the 
 engine was under repair was $ ; 
 
 4. (Demand for judgment.) 
 
 23. Trespass on land. — The plaintiff says that : 
 
 1. On the day of , 19__, at , the defend- 
 ant entered upon certain land of the plaintiff, known as (insert 
 brief description of the premises) and depastured the same with 
 cattle, trod down the grass, cut the timber, and otherwise injured 
 the same; 
 
 2. The damages sustained by the plaintiff by reason thereof amount 
 to $ ; 
 
 3. (Demand for judgment.) 
 
 24. For the conversion of chattels. — The plaintiff says that : 
 
 1. On the day of , 19__, at , the plaintiff 
 
 was in possession of certain goods (described in the schedule hereto 
 annexed), or (or, say, was in possession of one hundred barrels of 
 flour, for instance) of the value of $ ; 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 187 
 
 2. On that day, at the defendant converted the same 
 
 to his own use and wrongfully deprived the plaintiff of the possession 
 of the same ; 
 
 3. (Demand for judgment.) 
 
 25. For damages and an injunction for carrying on a noxious man- 
 ufactory. — The plaintiff says that: 
 
 1. The plaintiff is. and for years has been, possessed of cer- 
 tain lands called situated at ; 
 
 2. Continually since the day of , 19__, the defendant 
 
 has wrongfully caused to issue from certain smelting works owned 
 by the defendant large quantities of offensive and unwholesome smoke 
 and other vapors and noxious matter, which spread themselves over 
 and upon the said lands, and corrupt the air and settle on the sur- 
 face of the said lands, and still continues to do so; 
 
 3. Thereby the trees, hedges, herbage and crops of the plaintiff, 
 growing on the said lands, were damaged and deteriorated in value, 
 and the cattle and live stock of the plaintiff on said lands became 
 unhealthy and divers of them were poisoned and died; 
 
 4. By reason of the facts aforesaid, the plaintiff was unable to 
 pasture the said lands with cattle and sheep, as he otherwise might 
 have done, and was obliged to remove his cattle, sheep, and farming 
 stock therefrom, and has been prevented from having so beneficial 
 and healthy a use and occupation of the said lands as he otherwise 
 would have had; 
 
 0. The damages sustained by the plaintiff by reason of the said 
 wrongful acts of the defendant amount to $ 
 
 6. The plaintiff prays judgment for the said sum of $ dam- 
 ages, and that a final injunction may issue restraining the defendant 
 from a continuance of said wrongful acts, or any of them, and for 
 the costs of this action. 
 
 26. For assault and battery, uith special damage. — The plaintiff 
 says that : 
 
 1. On the day of , 19__, at , the defend- 
 ant assaulted and beat the plaintiff; 
 
 2. The plaintiff was thereby disabled from attending to his busi- 
 ness (for a period stated), and was compelled to pay $ , for 
 
 medical attendance and nursing, and has been ever since disabled 
 from using his right arm (or otherwise state the damage, as the case 
 may be) ; 
 
 3. By reason of the premises the plaintiff sustained damage to 
 the amount of $ in all : 
 
 J). (Demand for judgment.) 
 
 27. For libel. — The plaintiff says that : 
 
 7. The plaintiff is and was on and before the day of , 
 
 19__. a merchnnt doing: business in the citv of ; 
 
188 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 2. On the day of , 19 , at the defendant 
 
 published in a certain newspaper called (or otherwise 
 
 show how published), the following words concerning the plaintiff 
 (here insert the words of the publication) ; 
 
 3. The defendant meant thereby and in said publication charged 
 that the plaintiff had been guilty of (here insert the meaning of the 
 charge) ; 
 
 4. The said publication was false and malicious; 
 
 5. By reason of such false and malicious publication, the plaintiff 
 was injured to the amount of $ ; 
 
 6. (Demand for judgment.) 
 
 28. To recover possession of land, and for damages. — The plaintiff 
 says that: 
 
 1. The defendant on the day of , 19__, unlawfully took 
 
 possession of certain land (or building) belonging to the plaintiff, 
 being (here describe the premises) ; 
 
 2. The defendant has retained possession of the said land from the 
 said day of and still retains possession thereof, and with- 
 holds the same from the plaintiff; 
 
 3. The plaintiff has sustained damages to the amount of $ in 
 
 loss of profits and otherwise from the unlawful retention of said 
 premises by the defendant; 
 
 4. The plaintiff prays judgment for the possession of said land, 
 
 and for said sum of $ , damages and profits, and for costs of 
 
 the action. 
 
 29. For movable property wrongfully taken. — The plaintiff says 
 that : 
 
 1. On the day of , 19__, at , the plaintiff 
 
 owned (here state fact showing the right to the possession) the 
 goods mentioned in the schedule hereto annexed (or describe the 
 goods), the value of which is $ ; 
 
 2. From that day until the commencement of this action the de- 
 fendant has detained the same from the plaintiff; 
 
 3. Before the commencement of this action, to wit, on the day 
 
 of , 19 , at , the plaintiff demanded the same of 
 
 the defendant, but he wrongfully refused to deliver them ; 
 
 4. The plaintiff prays judgment for the possession of said goods, 
 
 or for $ , damages, in case such possession can not be had, and 
 
 for $ damages for the detention thereof, and for costs of the 
 
 action. 
 
 30. For specific performance. — The plaintiff says that : 
 
 1. On the day of , 19__, the defendant was absolutely 
 
 entitled to the parcel of land described in the agreement hereto 
 annexed; 
 
CODE OF CIVIL PROCEDURE OF THE CANAL. ZONE. 189 
 
 2. On the same day the plaintiff and defendant entered into an 
 agreement under their hands, a copy of which is hereto annexed; 
 
 3. On the day of , 19__, at , the plaintiff 
 
 tendered $ to the defendant and demanded a conveyance of 
 
 said property ; 
 
 If.. The defendant then and there refused to convey the same to the 
 plaintiff; 
 
 5. The defendant has not executed such conveyance ; 
 
 6. The plaintiff is still ready and willing to pay the purchase 
 money for the said property, to the defendant; 
 
 7. The plaintiff prays judgment that the defendant be ordered to 
 execute to the plaintiff a conveyance of said property in accordance 
 with the terms of said agreement, and damages to the amount of 
 $ for withholding the same, and for costs of the action. 
 
 31. Answer, general denial. — The defendant denies each and every 
 allegation in each and every paragraph of the plaintiff's complaint. 
 
 32. More specific answer. — For answer to the plaintiff's complaint 
 the defendant says that : 
 
 1. He admits (or denies) the first paragraph; 
 
 2. He admits (or denies) the second paragraph, etc. 
 
 33. Answer of duress to action on promissory note. — For answer to 
 the plaintiff's complaint the defendant says that : 
 
 1. He admits each paragraph thereof; 
 
 2. For special defense the defendant says that the promissory note 
 sued on was extorted from the defendant by threats of bodily harm 
 (or during imprisonment brought about by the plaintiff for that pur- 
 pose) and was executed by the defendant under fear of the same (or 
 from fear whije in prison). (In either case state particulars) ; 
 
 3. Said note was executed by the defendant without any considera- 
 tion therefor. 
 
 34. Accord and satisfaction. — For answer to the plaintiff's com- 
 plaint the defendant says that ; 
 
 1. He admits each paragraph of the complaint; 
 
 2. For special defense the plaintiff says: 
 
 a. That on the day of 19__, at the defend- 
 ant delivered to the plaintiff the promisory note of ( ); 
 
 b. That the plaintiff then and there accepted the same in full satis- 
 faction and discharge of the claim set up in his complaint. 
 
 35. Statute of limitations. — For answer to the plaintiff's complaint 
 the defendant says that : 
 
 1. He admits each paragraph of the complaint; 
 
 2. For special defense the defendant says that the cause of action 
 
 set forth in plaintiff's complaint did not accrue within year 
 
 before the filing of the said complaint. 
 
 803 a— 07— m 13* 
 
190 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 36. Demurrer stating grounds therefor. — The defendant demurs to 
 the complaint ; and he shows the following causes for demurrer : 
 
 1st. 
 2d. 
 3d. 
 (Setting out each cause separately.) 
 
 37. Demurrer to answer. — The plaintiff demurs to the answer (or 
 to the answer of defendant ), and he shows the follow- 
 ing causes for demurrer, to wit : 
 
 38. Subpoena. — 
 
 To , of , greeting: 
 
 You are hereby commanded to be and appear at the Circuit Court 
 
 in and for the circuit on the day of , 19 — , at 
 
 o'clock in the forenoon (or afternoon) then and there to testify in the 
 action of against there pending. 
 
 Fail not, under penalty of the law. 
 
 Witness the Honorable , judge of said court this 
 
 day of , 19__, 
 
 Clerk. 
 
 39. Subpoena duces tecum. — 
 
 To of greeting : 
 
 You are hereby required to appear before the Circuit Court in and 
 
 for the circuit, on the day of , 19 , at o'clock 
 
 in the forenoon (or afternoon) and to bring with you into court the 
 following described (book, deed, writing, or other document) ; it 
 being necessary to use the same as testimony in a cause there pend- 
 ing, wherein is plaintiff and is de- 
 fendant. 
 
 Hereof fail not, under penalty of the law. 
 
 Witness the Honorable , judge of said court, this 
 
 day of , 19 — , 
 
 Clerk. 
 
 40. Summons. — 
 
 To , of , in the Canal Zone: 
 
 You are hereby required to enter your appearance in the clerk's 
 
 office of the above named court at in the said Canal 
 
 Zone within twenty days after the service of this summons upon you, 
 exclusive of the day of such service, if it is served on you in the said 
 Canal Zone; otherwise within forty days; and to answer the com- 
 plaint of the said plaintiff which is hereto attached and herewith 
 served upon you, within the time fixed by. the rules of said Court. 
 If you fail to appear within the time aforesaid, the plaintiff will 
 take judgment against you by default and demand from the said 
 oourt the relief applied for in said complaint. 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 191 
 
 Witness the Honorable judge of said court this 
 
 day of , 19 — , 
 
 Clerk. 
 
 41. Officer's return of service. — 
 United States of America, 
 
 Canal Zone, Judicial Circuit. 
 
 I have this day served a copy of the within complaint and process 
 
 upon personally (or state the other manner of service 
 
 employed). 
 
 Dated this day of , 19__. 
 
 Marshal. 
 
 42. Order of attachment of property. — ■ 
 United States of America, 
 
 Canal Zone, Judicial Circuit. 
 
 To the marshal of the Supreme or any Circuit Court or deputy. greet- 
 ing : 
 
 Whereas , of , (or as agent 
 
 or attorney, of for the plaintiff) has complained on 
 
 oath to the Circuit Court of the circuit, that , of 
 
 , is justly indebted to the said (plaintiff), 
 
 in the amount of $ , and that said (defendant) 
 
 is a nonresident (or is about to abscond from the Canal Zone, etc), 
 (reciting the affidavit) and whereas security has been given by the 
 plaintiff according to law; we, therefore, command you, that you 
 attach the estate, real and personal, of the said , de- 
 fendant in your circuit, to the value of the said demands and costs 
 of suit, and that you safely keep the same according to law, unless 
 the defendant give security to pay such judgment as may be recov- 
 ered in the said action, in the manner provided by law, and that you 
 
 summon the said , defendant, if to be found in your 
 
 circuit, to appear before the Circuit Court of the said circuit, on 
 
 the day of to answer the above complaint, a copy of 
 
 which is hereto annexed, and do you have there in said court then 
 this writ with your proceeding endorsed thereon. 
 
 Witness my hand this day of , 19__, 
 
 , Judge. 
 
 An order for arrest of the person of the defendant may be in the 
 same form with the necessary modifications. 
 
 43. Ordinary execution. — 
 United States of America, 
 
 Canal Zone, Judicial Circuit. 
 
 To the marshal of the Supreme or any Circuit Court or deputy, greet- 
 ing : 
 
 We command you that of the goods and chattels of 
 
 (the defendant) you cause to be made the sum of $ damages, 
 
 together with interest thereon from the date of this execution until 
 
192 CODE OF CIVIL PEOCEDURE OF THE CANAL ZONE. 
 
 the date of payment at the rate of per cent per annum; and the 
 
 further sum of $ for costs of suit, together with your lawful 
 
 fees for the service of this execution, all in money of the United 
 
 States, which (the plaintiff) recovered in our Circuit 
 
 Court for the said circuit on the day of , 19 , against 
 
 (the defendant) for damages, interest, and costs, and 
 
 that you render the same to the said (the plaintiff), 
 
 aside from your own fees on this execution, and do you likewise 
 
 return this writ into court within days from date, with your 
 
 proceedings endorsed hereon. But, if sufficient personal property 
 cannot be found whereof to satisfy this execution and lawful fees 
 thereon, then we command you of the land and buildings of the said 
 defendant, to make the said sums of money in the manner required 
 by law, and to make return of your proceedings with this writ within 
 
 days from date. 
 
 Witness the Honorable , judge of said court, this 
 
 day of , 19__. 
 
 Clerk. 
 
 FEES. 
 
 Sec. 809. Lawful to demand specific fees only. — It shall be lawful 
 for the clerk of the Supreme Court, the clerks of the Circuit Courts, 
 referees, and commissioners appointed by the Circuit Courts, bailiffs, 
 marshals, district judges, notaries public, and other officers and per- 
 sons hereinafter mentioned, together with their assistants and depu- 
 ties, to demand, and receive, the hereinafter mentioned fees and no 
 more; but all fees collected by officers drawing a regular salary or 
 lixed compensation from the Government of the Canal Zone shall be 
 paid into the treasury thereof. 
 
 Sec. 810. Clerk of the Supreme Court. — For filing bill of excep- 
 tions or an appeal, entering appearance of all the parties, entering 
 all orders of the court in the action or proceeding, filing and docket- 
 ing all motions, docketing of case on all proper dockets, and indexing 
 the same, entering the final judgment or decree, recording the final 
 judgment or decree and certificate of judgment or decree to the lower 
 court, taxing the costs, administering all necessary oaths or affirma- 
 tions in the action or proceeding, recording the opinion of the court, 
 issuing all necessary process in the action or proceeding not herein 
 otherwise provided for, for each action or special proceeding, twelve 
 dollars; but if the record of the decree or judgment or the opinion of 
 the court contains more than three hundred and fifty words, then an 
 additional fee shall be charged of ten cents for each additional one 
 hundred words in the record. 
 
 For furnishing transcripts of the record or copies of any record, 
 decree, judgment, or entry of which any person is entitled to demand 
 
CODE OF CIVIL PROCEDURE OP THE CANAL ZONE. 193 
 
 and receive a copy, for each one hundred words, ten cents. For each 
 certificate not on process, twenty-five cents. For every search for 
 anything above a year's standing and reading the same, twenty-five 
 cents. I 
 
 For a commission on all money coming into his hands by law or 
 order of the court and caring for the same, one-half of one per cent 
 on all sums not exceeding one thousand dollars, and one-quarter of 
 one per cent on all sums in excess of one thousand dollars, and one- 
 eighth of one per cent on all sums in excess of ten thousand dollars. 
 
 For any other services as clerk not provided for in this section if 
 such there be, such sum as the judges of the Supreme Court shall 
 fix by general rules. 
 
 Sec. 811. Fees to he paid by the advancing party. — The fees of 
 the clerk of the Supreme Court shall be paid to him at the time of 
 the entry of the action in the Supreme Court by the party who en- 
 ters the action in the Supreme Court by bill of exceptions, or appeal, 
 or otherwise, and the clerk shall in all cases give a receipt for the 
 same and shall enter the amount received upon his book, specifying 
 the date when received, person from whom received, name of action 
 in which received, and amount received. If the fees are not paid, 
 the court may refuse' to proceed with the action until they are paid 
 and may dismiss the bill of exceptions or appeal for failure to prose- 
 cute if the fees are not paid within a reasonable time and after rea- 
 sonable notice. 
 
 Sec. 812. Clerks of Circuit Courts. — For filing all complaints, 
 answers, motions, amendments and pleadings for making all entries 
 upon proper dockets, for entering all appearances, for entering all 
 judgments, orders, and decrees, for issuing all processes, preliminary 
 and final, approving all bonds to be by him approved, filing same, 
 for administering all oaths or affirmations, certifying the same, 
 taxing costs, making necessary entries on indexes, and for all other 
 services performed by him, his deputies, or assistants, in any one 
 action, eight dollars. 
 
 For all clerical services in the allowance of wills, granting letters 
 of administration, appointment of guardians, trustees, settlement of 
 the accounts of executors, administrators, guardians, trustees, and 
 recording final and interlocutory orders, judgments, and decrees 
 therein, filing all inventories and appraisement, and for all other 
 work' as clerk pertaining to any one estate, twelve dollars; but when 
 any record of a final decree or judgment of the court in a special pro- 
 ceeding, including an allowance of an account, or of an inventory of 
 property, contains more than three hundred and fifty words, for 
 each one hundred words in addition to three hundred and fifty words 
 in such record, ten cents. For all services as referee or as commis- 
 
194 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 sioner to take testimony under appointment by the court, such sum 
 as the judge shall allow, but the allowance shall be proportionate 
 to the other fees in this section provided. For certifying the official 
 act of a district judge or other certificate, with seal, twenty-five 
 cents. For filing and recording all papers relating to an adoption, 
 in each case of adoption, three dollars. For certified copies of any 
 paper, record, decree, judgment, or entry of which any person is 
 entitled to demand and receive a copy, for each one hundred words, 
 ten cents. For all copies of record, or bills of exception, or testimony 
 or of other documents for transmission to the Supreme Court, ten 
 cents for each one hundred words. 
 
 For a commission on all money coming into his hands by law or 
 order of court and caring for the same, one half of one per cent on 
 all sums not exceeding one thousand dollars, and one quarter of one 
 per cent upon all sums in excess of one thousand dollars, but not in 
 excess of ten thousand dollars, and one eighth of one per cent on all 
 sums in excess of ten thousand dollars. For any other services as 
 clerk, not provided for in this section, if such there be, such sum as 
 the judges of the Supreme Court shall fix by general rules. 
 
 Sec 813. Marshal, and other persons serving process. — For execut- 
 ing process, preliminary and final judgments, and decrees of any 
 court, for each mile of travel in the service of process going one way, 
 reckoned from the place of service to the place to which the process is 
 returnable, ten cents ; for serving an attachment against the property 
 of defendant, one dollar, together with a reasonable allowance to be 
 made by the court for expenses, if any, necessarily incurred in caring 
 for the property attached; for arresting each defendant fifty cents; 
 for serving summons and copy of complaint for each defendant, one 
 dollar; but if the complaint exceeds three hundred and fifty words, 
 then for each additional one hundred words, ten cents; but in 
 special proceedings, testamentary or administrative, where several 
 members of a family residing at the same place are defendants the 
 fee for each defendant shall be fifty cents; for serving subpoenas, for 
 each witness served, twenty-five cents besides travel fees; for each 
 copy of any process necessarily deposited in the office of registrar of 
 deeds ten cents for each one hundred words, but not less than fifty 
 cents in each case; for taking bonds or other instruments of in- 
 demnitj' or security, for each, twenty- five cents; for executing a 
 writ of process to put a person in possession of real estate, one dol- 
 lar; for attending with prisoner on habeas corpus trial, each day, 
 one dollar; for transporting each prisoner on habeas corpus or 
 otherwise, when required, for every mile going and returning, ten 
 cents; for furnishing food for prisoner, for each day, twenty 
 cents; for advertising sale, besides printer's charge, fifty cents; 
 
CODE OF CIVIL PEOCEDUKE OF THE CANAL ZONE. 195 
 
 for taking inventory of goods levied upon, to be charged only when 
 the inventory is necessary, a sum fixed by the court not exceeding 
 the actual reasonable cost of the same to be shown by vouchers ; for 
 levying an execution on property, one dollar. 
 
 On all money collected by him by order or any decree, execution, 
 attachment, or any other process, the following sums, to wit : 
 
 On the first one hundred dollars or less two per centum. 
 
 On the second one hundred dollars, one and one half per centum; 
 on all sums between two hundred dollars and one thousand dollars, 
 one per centum; on all sums in excess of one thousand dollars, one- 
 half per centum. 
 
 Sec. 814. District Judges. — For each action tried, including entry 
 of action, judgment, and record, and swearing all witnesses, one dol- 
 lar; for each summons or subpoena containing one name twenty 
 cents; for each additional name therein four cents; for issuing 
 execution twenty-five cents; for administering oath upon airy affi- 
 davit or other paper with certificate of oath, twenty cents; for an 
 appeal, with proceedings taking bond, making and forwarding tran- 
 script of record, seventy-five cents; for each certificate not other- 
 wise provided for, fifteen cents; for writing and certifying deposi- 
 tion, including the administration of oath to the witness, ten cents 
 for each one hundred words in the deposition and certificate; for 
 certified copies of any record of proceeding of which any person is 
 entitled to receive a copy, ten cents for each one hundred words. 
 
 A district judge upon receiving payment of fees allowed to him 
 b}^ law, must render to the person or persons so paying an itemized 
 account thereof. 
 
 Sec. 815. Notaries public. — Notaries public shall receive the fol- 
 lowing fees only for their services : 
 
 For protesting bill or note for non-acceptance or non-payment and 
 giving notice, seventy-five cents; for registering such protest and 
 making record, twenty-five cents; for attesting letters of attorney 
 with seal, twenty-five cents; for notarial affidavit to an account or 
 other writing, with seal, twenty-five cents; for each oath or affirma- 
 tion, with seal, twenty-five cents ; for taking proof of debts to be sent 
 abroad, twenty- five cents; for a certified copy of record and affidavit 
 of its correctness, fifty cents; for writing depositions and affidavit, ten 
 cents for each one hundred words; for taking proof or acknowledg- 
 ment of any writing concerning real or personal estate and certificate 
 thereof, for each party, twenty-five cents. 
 
 Sec. 81G. Other officers taking depositions. — Other officers taking 
 depositions shall receive the same compensation as above provided for 
 notaries public for taking and certifying depositions. 
 
 Sec. 817. Witness fees. — Witnesses in the Supreme Court and in 
 Circuit Courts, either in actions or special proceedings, shall be 
 
196 CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 
 
 entitled to one dollar per day and ten cents for each mile going to 
 the place of trial from their homes by the nearest route of usual 
 travel; but mileage shall be charged but once in the action unless 
 witness is compelled to attend more than one term of court, nor shall 
 any allowance be made for mileage except that traveled within the 
 Canal Zone. 
 
 Witnesses before district courts and other inferior tribunals shall 
 be allowed one half dollar per day and the travel fees above provided 
 and no more. 
 
 Fees to which witness may be entitled in a civil action shall be 
 allowed, on the affidavit of the witness, stating the number of days he 
 has attended, the amount of mileage to which he is entitled, to be 
 taken and preserved by the clerk of the court, district judge or 
 other officer before whom the witness was called to testify, and a 
 certificate of the allowance shall be given to the witness. But on 
 final taxation of costs the truth of the affidavit may be contested and 
 this allowance may be set aside in whole or in part as the facts re- 
 quire. A witness shall not be allowed compensation for his attend- 
 ance in more than one case or on more than one side of the same case 
 at the same time, but may elect in which of several cases or on which 
 side of the case, when he is summoned by both sides, to claim his 
 attendance ; a person who is compelled to attend court on other busi- 
 ness shall not be paid as a witness. 
 
 Sec. 818. Other fees to be -fixed by general rules of the Supreme 
 Court. — If it shall appear that legal services are required of clerks 
 of court, marshals, or officers of the court, other than those for which 
 specific fees have been provided in this chapter, the judges of the 
 Supreme Court shall by general rules provide for a scale of fees for 
 such other services, which scale shall be proportionate to the fees 
 in this chapter provided for similar services. 
 
 Sec 819. Suing in forma pauperis. — Any judge or clerk of any 
 circuit or district court may authorize any person to sue as a pauper 
 in their respective courts, when he files an affidavit setting forth facts 
 showing that he has good cause of action, and that he is unable to 
 procure a bond, when such bond is required, accompanied by a certifi- 
 cate of a practicing attorney in good standing that the plaintiff has 
 fully stated the facts of his claim to him and that the attorney be- 
 lieves he has a good cause of action, and that he further believes the 
 plaintiff is unable to pay the costs of the action or procure bond. 
 
 Chapter XLVII. 
 
 FINAL PROVISIONS. 
 
 Sec 820. Repeal of existing codes, etc. — All codes, statutes, acts, 
 decrees, and orders and parts thereof heretofore jn'omulgated, en- 
 
CODE OF CIVIL PROCEDURE OF THE CANAL ZONE. 197 
 
 acted or enforced in the Canal Zone, prescribing the procedure in 
 civil actions or special proceedings in any court or tribunal, and all 
 provisions of the Civil Code of the Canal Zone now in force in so far 
 as they are in conflict with the express provisions of this Code, are 
 hereby repealed; and the procedure in all civil actions and special 
 proceedings in all courts and tribunals shall hereafter be in accord- 
 ance with the provisions of this Code : Provided, nevertheless ; 
 
 1. That the procedure in all actions and special proceedings now 
 pending in the Supreme Court may be in accordance with the 
 existing procedure, except in so far as the Supreme Court may 
 determine that the provisions of this Code can be conveniently applied 
 to such actions and procedure ; 
 
 2. That all actions and special proceedings now pending in Cir- 
 cuit Courts, the trial of which has been commenced and not finished, 
 under the existing procedure, may be completed in accordance with 
 that procedure in Circuit Courts and in the Supreme Court, except 
 in so far as the Judge of the Circuit Court, or the Supreme Court, 
 may determine that the provisions of this Code can conveniently be 
 applied to such actions and proceedings ; 
 
 3. That no action or special proceeding now pending in a Circuit 
 Court, the trial of which has not already been commenced, shall be 
 discontinued or abated because not commenced in accordance with the 
 provisions in this Code, but all future procedure in such action or 
 special proceeding shall be in accordance with the provisions of this 
 Code so far as this Code may be conveniently applicable to the con- 
 duct of such actions or proceeding ; 
 
 4. That the Supreme Court shall not reverse or annul the pro- 
 ceedings in any Circuit Court in actions or special proceedings now 
 pending therein, because of want of conformity in the proceedings 
 to the provisions of this Code, unless such want of conformity shall 
 have impaired a substantial right of the party attempting to set aside 
 such proceedings; 
 
 5. That nothing in this Code contained shall be so construed as 
 to divest or injuriously affect any property right that has already 
 become vested under existing law. 
 
 Sec. 821. When to take effect. — This Code shall take effect on the 
 first day of May, 1907. 
 
ALPHABETICAL INDEX. 
 
 [Note.— Figures in parentheses refer to subsections.] 
 
 Abatement: Section. 
 
 New action within one year from death of party 146 
 
 Aliens, extension of time to 147 
 
 Where judgment reversed 148 
 
 Where action stayed 149 
 
 Marriage, female party 150 
 
 Death of coplaintiff 151 
 
 Death of codefendant 152 
 
 Surviving parties 153, 154 
 
 Ejectment, etc., death of coparty 155-157 
 
 Where cause of action does not survive to coparty 158 
 
 Death of personal representative . . - 159 
 
 Death of public officer or trustee 160 
 
 Party becoming insane 161 
 
 Partition suits, no abatement in 162, 163 
 
 Where action brought for another 164 
 
 W rita of error, certiorari, etc 165 
 
 Process to any circuit 166 
 
 Disabilities, when available 167, 168 
 
 Directors and stockholders of corporations 169 
 
 Acknowledgment or new promise must be in writing 170 
 
 Where cause of action arises in foreign country 171 
 
 Construction of word ' ' action " 1 72 
 
 Absence, time of, not included in period of prescription 46 
 
 Absent person: 
 
 Administration of estate of 691 
 
 Share of, in decedent's estate 788 
 
 Accord and satisfaction ; form of answer 808 ( 34) 
 
 Accounting involved in appeal, may be referred to commissioner 535 
 
 Accounts: 
 
 Of guardians 603, 604 
 
 Of executors 707, 718 
 
 Of trustees 626 
 
 Of executor, trustee, or guardian, appeal from settlement of 802-804 
 
 Action : 
 
 Definition 1 , 1 72 
 
 Who may be parties 107 
 
 W hen deemed commenced _ 45, 404 
 
 Dismissal of 120 
 
 c z— 07 m 14 199 
 
200 ALPHABETICAL INDEX. 
 
 Adjournment: Section. 
 
 Of district court 57 
 
 Of Circuit Court 124 
 
 Administration of property: 
 
 Of person unheard of for fifteen years 691 
 
 (See Executor.) 
 
 Administrator: 
 
 In general, i See Executor. | 
 
 Special, no appeal allowed from appointment of 807 
 
 Admiralty; effect of record of foreign court 327 
 
 Adoption. (See Minors, adoption and custody of.) 
 
 Advancement to lineal heirs 789, 790 
 
 Adverse possession. (See Prescription.) 
 
 Advertisement of property to be sold under execution: 
 
 Real 479 
 
 Pers. >nal 499 
 
 Affidavit: 
 
 Use of 364 
 
 Who may administer oath for — 
 
 In Canal Zone 365 
 
 In United States 360 
 
 In foreign country 367 
 
 Taken in United States or foreign country, certification of 368 
 
 Affirmation of judgment. (See Supreme Court, appellate jurisdiction.) 
 
 Affirmative allegation, must he proved 314 
 
 Agreed statement of facts 127 
 
 Agreement: 
 
 Includes 303 
 
 Terms of, In »w proved 303 
 
 When invalid unless made in writing 351 
 
 Aliens: 
 
 Extension of time allowed for commencement of action 147 
 
 Wills made by .'. 671,675 
 
 Alteration: 
 
 In writing, effect on admissibility as evidence 352 
 
 May be made in prescribed form of pleading or process 808 
 
 Amendment of pleadings in Circuit Courts 103 
 
 Answer: 
 
 In Circuit Court, definition and requisites 87 
 
 Forms of 808 (31-35) 
 
 Appeal: 
 
 On interlocutory order of Circuit Court 110 
 
 < )n judgment of Circuit Court for contempt 251 
 
 From action of executor on claim 729, 769 
 
 Regarding custody of children of divorced parents 801 
 
 From settlement of account of executor, trustee, or guardian 802-S04 
 
 In case of allowance or disallowance of will 805 
 
 From decree of distribution of decedent's estate 806 
 
 In other special proceedings affecting settlement of estate 807 
 
 May lie dismissed if fees not paid s l I 
 
 From district courts — 
 
 May he made to what court 07 
 
 Effect of 08 
 
 I low perfected 69 
 
 
ALPHABETICAL INDEX. 201 
 
 Appeal — Continued. 
 
 From district courts — Continued. section. 
 
 ('< )]>y of record to be transmitted 70 
 
 Papers to be delivered to clerk of Circuit Court 71 
 
 Settlement of , 72 
 
 Procedure upon, in Circuit Court 105 
 
 From Circuit Courts, procedure upon, in Supreme Court — 
 
 In general 533 
 
 Hearings upon ; 534, 535 
 
 In special proceedings 535 
 
 Correction of incomplete record 538 
 
 {See Exceptions; Supreme Court, appellate jurisdiction. ) 
 
 Appearance, unauthorized 28 
 
 Argument in Circuit ( lourts 1 25 
 
 Arrest of defendant: 
 
 Grounds for 427 
 
 By whom order may be granted 428 
 
 When judge shall grant order 429 
 
 ( >bligation for damages in case of 430 
 
 Execution of order 431 
 
 Discharge of defendant before execution 432, 433 
 
 Giving bail 433 
 
 Exoneration of bail 434, 435 
 
 Filing of order of arrest and bond 436 
 
 Disposition of money deposited 437 
 
 Reduction of 1 >ail or vacating order of arrest 438 
 
 Defendant may be given jail limits 439 
 
 Relief from jail limits 439 
 
 Form of order 808 (42) 
 
 Assault and battery 808 (26) 
 
 Association, illegal 208 (3) 
 
 Attachment: 
 
 Grounds for 440 
 
 By whom order may be granted 441 
 
 When judge shall grant order 442 
 
 < )1 (ligation for damages in case of... 443 
 
 Execution of order — 
 
 As to movables 444 
 
 As to real property 445 
 
 As to stocks and shares 44H 
 
 As to personalty Dot capable of manual delivery 447 
 
 Its effect as to personalty 448 
 
 Disposition of debts, credits, or other personalty 449 
 
 Return of order 450 
 
 Disposition of perishable property 451 
 
 Final disposition of property if judgment for plaintiff 452 
 
 Collection of balance of execution 453 
 
 Proceedings after return of execution unsatisfied 454 
 
 I disposition of property if judgment for defendant 455 
 
 Dissolution of order 456 
 
 Discharge on motion 457 
 
 Right of third person against officer 458 
 
 Form of i >rder 808 (42) 
 
 Attorneys. {See Lawyers.) 
 
202 ALPHABETICAL INDEX. 
 
 Authentication : Section. 
 
 Of pleadings 95 
 
 Of written instruments 96 
 
 Of public writings, judicial records, etc 316-322 
 
 Bail: 
 
 Giving 433 
 
 Exoneration of 434, 435 
 
 Reduction of 438 
 
 In hal leaa corpus proceedings 577 
 
 Bar. (See Lawyers. ) 
 
 Bond : 
 
 Includes 1 
 
 Of surety c< tmpany 1 
 
 On appeal from district court 69 
 
 On bill of exceptions 137 
 
 In case of arrest 430, 436 
 
 I n case of attachment 443 
 
 In case of execution 494-498 
 
 In case of preliminary injunction 177, 178, 181 
 
 In proceedings for manual delivery of personalty 261, 265, 266 
 
 Of guardian 590, 596, 612-614 
 
 Of trustee 626, 628, 629 
 
 Of executor 678, 679, 697 
 
 In case of appointment of receiver 188, 189 
 
 Of heirs, etc., for distribution of decedent's estate 783 
 
 On appeal in special proceedings 804 
 
 Books of account, prima facie evidence 302 (6) 
 
 Books of science or history admissible as evidence ... 336 
 
 Certiorari proceedings in circuit court : 
 
 Issuance of order 228 
 
 Service of order 229 
 
 Enforcement of order 230 
 
 Final proceedings 231 
 
 Certifying judgment to inferior tribunal 232 
 
 Preliminary injunctions 240 
 
 Expediting proceedings 241 
 
 In Supreme Court 551, 554, 555 
 
 Children: 
 
 When ran not testify '. 398 (2) 
 
 Their allowance during settlement of decedent's estate 719 
 
 Born after making of will, share of 784 
 
 Omitted from will, share of 785 
 
 (See Minors, adoption and custody of. ) 
 
 Circuit courts, rules of 6 
 
 Circumstances, may be shown for construction of instrument of writing 306 
 
 Claims against decedent's estate, allowance of 721-732 
 
 ( See Executor.) 
 
 Clergyman, when can not testily 398 (5) 
 
 Clerk : 
 
 May be appointed temporarily 11 
 
 Can not act as lawyer 35 
 
 Of circuit court — 
 
 < leneral duties of 399 
 
 Books kept by 399,402 
 
 T( i have custody of moneys 403 
 
 Fees of 812 
 
ALPHABETICAL INDEX. 203 
 
 Clerk — Continued. Section. 
 
 Of Supreme Court — 
 
 Duties of 557, 558 
 
 Fees of 810, 811 
 
 Client: 
 
 Funds of, retention by lawyer 30 
 
 Communications of, to be kept inviolate 31 
 
 Code: 
 
 Repeals conflicting codes, etc H20 
 
 When shall take effect 821 
 
 Commissioners: 
 
 In partition proceedings (see Partition) 195-207 
 
 Fees of, how taxed 532 
 
 Community property, descent of 720 
 
 Complaint: 
 
 In district court 51 
 
 In Circuit Court — 
 
 Definition and requisites 83 
 
 Procedure of clerk when filed 405 
 
 F< irms of 808 (2-30) 
 
 Compromise: 
 
 Can not be made by lawyers without consent of clients 27 
 
 ( tffer of, not admissible as evidence 362 
 
 Construction: 
 
 Of words found in Code 1 
 
 Of provisions of Code 2 
 
 Of pleadings in Circuit Courts 99 
 
 Of statute or instrument containing several provisions 305 
 
 Of instrument where intention of different parties not the same 310 
 
 Of statute or instrument in favor of natural right 311 
 
 Contempt: 
 
 District judge may punish 58 
 
 What acts may be punished summarily by Circuit Court 242 
 
 What other acts are contempt 243 
 
 Accused entitled to be heard 244 
 
 Right of bail 245 
 
 Trial 246 
 
 Punishment 247 
 
 Imprisonment until obedience of order 248 
 
 Proceedings when party released on bail fails to appear 249 
 
 Right of court to release person 250 
 
 Judgment of Circuit Court reviewed by Supreme Court 251 
 
 Continuance of trial: 
 
 In case of suspension of lawyer 22 
 
 (See Postponement of trial.) 
 Contract: 
 
 New or continuing, how evidenced 1 70 
 
 Consideration for, presumed 350 (36) 
 
 [See Agreement. ) 
 Conveyance: 
 
 Instrument of, admissible as evidence 347 
 
 (See Agreement; Contract; Deed; Sale.) 
 
 Copartnership, presumption of 350 ( 27 ) 
 
 Copy, how certified for use as evidence 335 
 
204 ALPHABETICAL INDEX. 
 
 Corporation: section. 
 
 Receivers of '. . .' L85 (1), 187, 224, 225 
 
 Action against, for usurpation 209, 223-227 
 
 Attachment of stocks or shares of 446 
 
 Costs: 
 
 ( )rdinarily allowed prevailing party 526 
 
 When action dismissed for want of jurisdiction 527 
 
 Lawyers' fees taxed as 528 
 
 Restriction of 529 
 
 Amounts allowed — 
 
 In district courts 530 
 
 In Circuit Courts 531 
 
 In Supreme Court 532 
 
 Taxation of, in habeas corpus proceedings 585 
 
 In probate proceedings 648 
 
 (See Fees.) 
 
 Counterclaim: 
 
 Set forth by answer in Circuit Court 88, 89 
 
 Omission to set up 90 
 
 Courts, powers of 11 
 
 Credibility of witness, evidence as to 315 (16) 
 
 Cross complaint: 
 
 Filing of 91 
 
 Judgment by default on 122 
 
 Cross-examination of witness 355, 396 
 
 Damages, no recovery from judges by reason of judicial action 9 
 
 Death: 
 
 Of party, how action may proceed 112 
 
 Presumption of 350 (24) 
 
 Of two persons in same calamity, presumption of survival 350 (37) 
 
 Of party, when does not prevent judgment 463 
 
 (Sec Abatements.) 
 
 Debts against decedent's estate. (See Executor. ) 
 
 Deceased person: 
 
 Declarations, etc., of, when admissible as evidence 299, 300, 315 (4) 
 
 Personal transactions with, when can not be testified to 398 (7) 
 
 Estate of, when may be settled without legal proceedings 632, 633 
 
 (See Death; Abatement; Probate proceedings. ) 
 
 Deed : 
 
 Of officer selling under execution 512 
 
 Of executor, effect of 752, 754 
 
 Default: 
 
 In district court — 
 
 Judgment for plaintiff by 53 
 
 Vacating 54 
 
 In ( 'ircuit Court — 
 
 Judgment for plaintiff by 121 
 
 Judgment for defendant by, on cross complaint 122 
 
 Defendant: 
 
 When unknown, how designated 104 
 
 (nknown, how served with summons 413. 414 
 
 Arrest of. (See Arrest of defendant.) 
 
 Definitions, general 1 
 
 Defense, set fortb by answer in Circuit Court 88 
 
ALPHABETICAL INDEX. 205 
 
 Demurrer: section. 
 
 To complaint — 
 
 Grounds for 84 
 
 When not allowed 85 
 
 Form of 808 i 36 ) 
 
 To answer — 
 
 Filing of 92 
 
 Grounds for 93 
 
 Form of 808 (37) 
 
 To pleadings in general, proceedings on 94 
 
 Deposition: 
 
 Written declaration under oath must be 369 
 
 May be read by either party at any stage of action 380 
 
 Of witness out of Canal Zone, to be used in Zone — 
 
 I n what cases taken , 370 
 
 How taken 372-374 
 
 Trial not delayed pending 375 
 
 Use of , 376 
 
 of witness within Canal Zone, to be used in Zone — 
 
 In what cases taken 371 
 
 How taken 377-379 
 
 Use of 378 
 
 To be used outside of Canal Zone — 
 
 In what cases may be taken 381-383 
 
 How r taken 384 
 
 For perpetuation of testimony — 
 
 In what cases may be taken 386 
 
 Order of judge for 387 
 
 How taken 388, 389 
 
 Papers filed, prima facie evidence of regularity 390 
 
 Use and effect of 391, 392 
 
 In probate proceedings 647 
 
 Fees for taking 815, 816 
 
 Deputies, powers of 3 
 
 Descent of estate not willed 719 
 
 Destitute litigants: 
 
 Assignment of lawyer for 34 
 
 May be authorized to sue in forma pauperis 819 
 
 Devise, liable for payment of decedent's debts 758 
 
 Direct examination, leading questions not allowed 353 
 
 Directors of corporations, abatement of actions against 169 
 
 Disabilities: 
 
 Exceptions and saving of rights on account of, as to prescription 41. 44 
 
 When available 167 
 
 When two or more coexist 1 68 
 
 Disbarment: 
 
 Causes for 21 
 
 Institution and cost of proceedings 24 
 
 Hearing of charges 25 
 
 Disinheritance, existing law as to 782 
 
 Dismissal of actions in Circuit Courts 120 
 
 Disqualification of judge: 
 
 Grounds for 8 
 
 Of district judge, who may act 66 
 
 Of circuit judge, proceedings upon 394 
 
206 ALPHABETICAL INDEX. 
 
 Distribution of decedent's estate: Section. 
 
 Among creditors 764-770 
 
 After payment of debts, etc 782-793 
 
 Appeal from 806 
 
 (See Executor. ) 
 
 District court, procedure in 50-81 
 
 District judge: 
 
 Definition 1 
 
 Who may act in case of disqualification 66 
 
 Attendance on proceeding to vacate judgment 145 
 
 Fees of 814 
 
 Divorce, custody of children in case of 800, 801 
 
 Docket: 
 
 Of district court — 
 
 What shall contain 62 
 
 Entry to identify 63 
 
 Final disposition of 64 
 
 Of Circuit Court — 
 
 Requisites of 399, 400 
 
 New, preparation of 401 
 
 Book of final record „ 402 
 
 To be open to inspection 464 
 
 Of Supreme Court 558 
 
 Documents : 
 
 Paper used 7 
 
 To accompany complaint in Circuit Court 83 (4 ) 
 
 Form of, in proceedings in Circuit Court 83 (5) 
 
 Excluded by Circuit Court 83 (9) 
 
 Official, how proved 330 
 
 Dollars, definition 1 
 
 Duress, form of answer as to 808 (32) 
 
 Earnings, when can not be applied to satisfy judgment 521 
 
 Ejectment: 
 
 Death of eoplaintiff 155, 156 
 
 Death of codefendant 157 
 
 Embezzlement of decedent's property 738-742 
 
 English language: 
 
 Shall be official 12 
 
 Use of, in Circuit Court 83 (5-8) 
 
 Entries: 
 
 In official docket, prima facie evidence 332 
 
 Original, what constitute 345 
 
 Escheats 779-781 
 
 Estate. [See Trusts and trustees; Probate proceedings; Guardians; Wills; 
 
 Executor. ) 
 Evidence: 
 
 I 're] londerance of, how determined 291 
 
 Rules of, shall be uniform 292 
 
 .Matter judicially recognized 29.". 
 
 Personal knowledge and hearsay 294 
 
 Regarding act, declaration, or omission of one party, does not affect 
 
 another 295 
 
 Exception where one derives real property from another 296 
 
 Exception where such declaration, etc., forms part of transaction 297 
 
ALPHABETICAL INDEX. 207 
 
 Evidence — Continued. section. 
 
 Prima facie, definition 298 
 
 Of contents of writing or agreement 302, 303 
 
 Required only of material allegations 312 
 
 Must be relevant 313 
 
 Of affirmative and negative allegations 314 
 
 May be given as to what facts 315 
 
 Public writings admissible as 316 
 
 Printed laws of State or country 317 
 
 Attested copy of foreign law 318 
 
 Oral proof of United States or foreign unwritten law 319- 
 
 Of domestic judicial records 320 
 
 Of foreign judicial records 321, 322 
 
 What may be considered by Supreme Court 534, 535 
 
 What admissible on new trial 542 
 
 Return of habeas corpus, when considered prima facie 579 
 
 Examination: 
 
 Of applicant for admission to the practice of law T — 
 
 Subjects upon which examined 14 
 
 Place and manner of holding 16 
 
 Of judgment debtor when execution returned unsatisfied 513, 514, 516-519 
 
 Of. debtor of judgment debtor, etc 515 
 
 Of executor 707 
 
 Exceptions: 
 
 Definition 134 
 
 May be made to what rulings 134 
 
 Manner of taking 135 
 
 How perfected 136 
 
 Shall stay execution 137 
 
 By creditors and distributees of decedent's estate 729 
 
 Procedure upon, in Supreme Court — 
 
 In general 533 
 
 Hearings upon 534 
 
 Compelling judge of lower court to sign 536 
 
 W hen record incomplete 538 
 
 Dismissal of 537-539, 811 
 
 To be printed -^49 
 
 (See Supreme Court, appellate jurisdiction.) 
 Execution : 
 
 Fn >m district court 65, 502 
 
 Issuance, form, and requisites 465 
 
 Under special judgments 466 
 
 Judgment lien, lapse thereof 467 
 
 Exemption in favor of party restrained 468 
 
 May be obtained on judgment, in favor of whom and against what 470 
 
 After expiration of judgment lien 471 
 
 Interest on judgment 472 
 
 Return of 473 
 
 Binding personalty 474 
 
 Property subject to 475, 493, 505 
 
 Order of levy under 476 
 
 Property taken on, how sold 477 
 
 On concurrent j udgments 478 
 
 Ad vertisement of real property for sale 479 
 
 Illegal sale, liability of marshal 480 
 
208 ALPHABETICAL INDEX. 
 
 Execution — Continued. Section. 
 
 Sale of real estate, marshal's certificate 481, 482 
 
 Redemption of real estate sold under 483 
 
 Rights of purchaser pending redemption period 484 
 
 Rights of purchaser after lapse of redemption period 485 
 
 Deed prima facie evidence of regularity of sale • 486 
 
 Perfecting execution lien in another circuit 487-489 
 
 In case of death of plaintiff 490, 491 
 
 In case of death of defendant 492 
 
 Care of live stock or other personalty 493 
 
 Indemnity bond 494 
 
 Delivery bond 495-498 
 
 Advertisement of personalty to be sold 499 
 
 Postponement of sale 500 
 
 Return of, against personalty 501 
 
 From district court on real estate redemptions, etc 502 
 
 Fraudulent withholding of property 503 
 
 What property of married woman exempt from execution against husband . 504 
 
 Exemptions from 506 
 
 Claims by third persons to property levied on 507 
 
 Claim by debtor that property is exempt 508 
 
 Between same parties, may be set off 509 
 
 Several against same property 510 
 
 Against several, made out of property of one 511 
 
 Who may execute officer's deed 512 
 
 Examination of judgment debtor, when returned unsatisfied.. 513,514,516-519 
 Examination of debtor of judgment debtor, when returned unsatisfied... 515 
 
 Against creditor, may be paid by debtor 520 
 
 Judge may order property applied on 521 
 
 Judge may appoint receiver and prohibit transfers, etc 522 
 
 Liability of receiver 523 
 
 Proceedings when judgment debtor has interest in real estate 524 
 
 Proceedings when indebtedness denied or another claims the property. . . 525 
 
 Ordinary, form of 808 (43) 
 
 Executive acts, how proved 330 
 
 Executor: 
 
 To present will and accept or refuse trust 662 
 
 Letters testamentary to issue 676 
 
 To whom administration granted 677 
 
 Bond, general 678 
 
 Bond when residuary legatee 679 
 
 Bond when two or more are appointed 680 
 
 Neglecting to give bond 681 
 
 When a minor 682 
 
 Executor of, not to administer ' 683 
 
 Death, removal, etc., of — 
 
 In case of vacancy, who may administer 684 
 
 Power of new administrator 685 
 
 Administrator appointed to act with survivor 686, 687 
 
 Court may remove or accept resignations 688 
 
 Married woman may administer 689 
 
 When coexecutor disqualified 690 
 
 Administration revoked if will discovered 692,693 
 
 Acts before revocation to be valid 694 
 
 Special administrator 695-698 
 
ALPHABETICAL IN l)K\. 209 
 
 Executor — Continued. Section. 
 
 General duties — 
 
 May examine partnership books and property , 699, 700 
 
 Shall keep buildings in repair 701 
 
 Shall administer estate not willed 702 
 
 Appraisal and inventory 703-706 
 
 Rendition of account and examination 707 
 
 For what to account 708 
 
 Not to profit by increase or lose by decrease in value 709 
 
 Accountable for proceeds of real estate sold 710 
 
 When not accountable for debts due 711 
 
 Accountable for income from realty 712 
 
 Accountable for neglect to raise money 713 
 
 When to be allowed money paid as costs 714 
 
 Allowance for services 715 
 
 Account, how verified 716 
 
 Account to be settled on notice 717 
 
 Sureties on bond may be party to accounting 718 
 
 Allowance to widow and family, and descent of estate 719 
 
 Community property 720 
 
 Claims against estate, allowance of — 
 
 Notice of time and place of examination 721 
 
 Time allowed for presenting claims 722, 723 
 
 Executor to report 724 
 
 Nc it ice to certain claimants at time of tiling report 725 
 
 Claims not presented, barred 726 
 
 Estate's claims to be offset 727 
 
 Claim of executor against estate 728 
 
 Exceptions by creditors and distributees 729 
 
 Estate of joint debtor liable for whole claim 730 
 
 Not to be sued on until presented and rejected 731 
 
 In suit by executor, defendant may plead claim in offset 732 
 
 Contingent claims 775 
 
 Suits by and against — 
 
 Debt against estate not to be sued on until claim presented and 
 
 rejected 731 
 
 Actions to recover seizin and possession 731 
 
 Suit may be prosecuted by 732 
 
 Heir may not sue until share assigned 733 
 
 May be cited to appear 734 
 
 May compound with debtor 735 
 
 Mortgage debt due to estate 736 
 
 Mortgage debt due from estate 737 
 
 Embezzlement or fraudulent conveyance of property — 
 
 Proceedings for recovery 738 
 
 Persons intrusted with estates may be compelled to render account . . 739 
 
 Kmbezzlement before issuance of letters 740 
 
 Estate fraudulently conveyed by deceased may be recovered— 
 
 By executor 741 
 
 By creditor 742 
 
 Sale of estate — 
 
 Realty may 1 »e sold though personalty not exhausted 743 
 
 When part can not be sold without injury 744 
 
 Persons interested may prevent sale 745 
 
210 ALPHABETICAL INDEX. 
 
 Executor — Continued. Bection. 
 
 Sale of estate — Continued. 
 
 Court may order personalty sold 74b' 
 
 Estate may be sold when beneficial to heirs 747 
 
 To pay debts and legacies in other countries 748 
 
 Realty acquired on execution, etc. , may be sold 749 
 
 Realty may be sold to pay legacies 750 
 
 Regulations for license to sell 751 
 
 Effect of deed 752 
 
 When executor dies pending sale 753 
 
 When deceased under contract to convey 754 
 
 Lands held in trust to be conveyed 755 
 
 Estate to be retained to meet contingent claims 776 
 
 From what estate debts to be paid — 
 
 Personalty first chargeable for debts 756 
 
 From what part of testate estate debts to be paid 757 
 
 Legacy and devise liable for payment of debts 758 
 
 When executor to retain possession of estate 759 
 
 Devisees, etc., in possession must contribute 760-762 
 
 Payment of debts — 
 
 Debts to be paid in full when estate sufficient 763 
 
 Order i if payment when estate insolvent 764 
 
 Dividends to be paid in proportion to claims 765 
 
 Estate of insolvent nonresident 766 
 
 Payment of claims outside Canal Zone against insolvent resident's estate. . 767 
 
 Decree for payment of debts 768 
 
 Suspension in case of appeal 769 
 
 Subsequent distributions 770 
 
 When executor personally liable 771 
 
 Time for payment, how fixed 772-774 
 
 Contingent claims 778 
 
 ( Jontingent claims, allowance and payment of 775-778 
 
 Distribution of estate — 
 
 Order of 782, 783 
 
 Share of child born after making of will 784, 786 
 
 Share of child or issue of child omitted from will 785, 786 
 
 Devisee dying before testator 787 
 
 Share of person absent and unheard of 788 
 
 Advancement to lineal heirs 789, 790 
 
 Partition of estate already assigned 791-793 
 
 Appeal from settlement of account of 802-804 
 
 Experts to be used in explaining certain writings 309 
 
 Facts: 
 
 Findings of, must be entered 126 
 
 Agreed statement of 127 
 
 Family council: 
 
 In guardianship matters, Spanish law repealed 587 
 
 May settle intestate estate 632, 633 
 
 Father, natural guardian 588 
 
 Fees: 
 
 Of lawyers 29 
 
 Of executors 715 
 
 Specific, only may be demanded 809 
 
 Disposition when collected by salaried officers 809 
 
ALPHABELICAL INDEX. 211 
 
 Fees— Continued. Section. 
 
 Of clerk of Supreme Court — 
 
 Enumeration ■. 810 
 
 Must be paid by advancing party 811 
 
 Of clerk of circuit court 812 
 
 Of marshal and other persons serving process 813 
 
 Of district judge 814 
 
 Of notary public 815 
 
 Of other officer taking depositions 816 
 
 Of witness 817 
 
 For legal services for which fees are not specifically fixed herein 818 
 
 Suit may be brought in forma pauperis 819 
 
 Findings of facts, entry of 126 
 
 Forcible entry and detainer of land or buildings: 
 
 General provisions 73 
 
 Complaint 74 
 
 Trial 75 
 
 ( ontinuanee 76 
 
 Judgment 77 
 
 Execution 78, 79 
 
 Judgment not conclusive in another action 80 
 
 Appeal 81 
 
 Foreclosure of mortgage on real estate: 
 
 W here action must be instituted 252 
 
 Complaint 253 
 
 Trial and judgment 254 
 
 Sale of property 255 
 
 Disposition of proceeds 256, 257 
 
 Judgment for balance after sale 258 
 
 Final record 259 
 
 Foreign: 
 
 Country, cause of action arising in 47, 171 
 
 Laws — 
 
 Admissible as evidence 317-319 
 
 Effect in evidence 327, 329 
 
 Forms 808 
 
 Franchise, usurpation of. (See Usurpation of office or franchise.) 
 Fraud, judgment obtained through, may be reversed: 
 
 By Circuit Court 141-145 
 
 By Supreme Court 550 
 
 Fraudulent conveyance of decedent's property 738-742 
 
 Funeral expenses, payment of 764 
 
 Gender of words 1 
 
 General counsel may sue to establish title to real estate 272 
 
 Guardians: 
 
 In general — 
 
 May represent ward in partition proceedings , 206 
 
 Recording letters of guardianship 591 
 
 To pay debts of ward 598 
 
 To settle affairs of ward 599 
 
 Management of ward's estate 600 
 
 Intrusting ward with portion of estate 601 
 
 Action in proceedings relating to partition of ward's estate 602 
 
 Inventory and accounts of 603 
 
 Settlement of accounts 604 
 
212 ALPHABETICAL INDEX. 
 
 ( ruardians— Continued. Section. 
 
 In general — Continued. 
 
 Sale or reinstatement of portions of estate 605 
 
 Sales must be for cash or adequate security 606 
 
 Reinvestment of proceeds of sale 607 
 
 Examination of persons suspected of defrauding ward.-, etc 609 
 
 Removal or resignation of 610 
 
 Termination of guardianship 611 
 
 B( md of 590, 612-614 
 
 Limitations i if action for recovery of property sold 615 
 
 ( >rders and proceedings to be of record 616 
 
 Guardianships now pending, how shall proceed 617 
 
 Appeal from settlement of 802-804 
 
 Ad litem — 
 
 Appointment of 109, 110 
 
 Not affected by general provisions respecting guardians 593 
 
 ( )f minors — 
 
 When and by whom appointed 586 
 
 Spanish law as to family council repealed 587 
 
 Lather or mother natural guardian 588 
 
 I )ul ies of 589, 590 
 
 Bond of 590, 612-614 
 
 Testamentary 592 
 
 {See Guardians ad litem. ) 
 Of persons of unsound mind — 
 
 App< untment of 594, 595 
 
 Powers and bond of 596 
 
 Restoration of competency 597 
 
 (See Guardians ad litem. I 
 
 Of nonresidents 608 
 
 i rovernment, payment of irs debts against decedents' estates 764 
 
 Habeas corpus: 
 
 T. . what shall extend 560 
 
 Granting an issuance of writ 561, 565, 566 
 
 Requisites of application for .' 562 
 
 When shall not be allowed 563 
 
 Not to authorize discharge of person charged with offense committed in 
 
 another part of Canal Zone or in United States, etc 564 
 
 How prisoner may be designated 567 
 
 Requisites of writ in cases of confinement, etc 568 
 
 Form of writ when person not in custody 569 
 
 How and where may be served 570 
 
 How executed and returned 57.1 
 
 When may be returned to another judge or court 572 
 
 What return shall state 573 
 
 Return must be signed and sworn to 574 
 
 Adjournment of cause 575 
 
 When prisoner shall he discharged 576 
 
 When prisoner may be eon unit ted to jail or lei to hail 577 
 
 When prisoner must be com in it ted 578 
 
 When return is evidence, and when only a plea 579 
 
 Penalty upon clerk for refusal to issue 580 
 
 Penalty for disobeying 581 
 
 Prisoner set at liberty upon, not to be again imprisoned 582 
 
ALPHABETICAL INDEX. 213 
 
 Habeas corpus — Continued. Section. 
 
 Removal of prisoner from custody of one officer to another 583 
 
 Record of proceedings 584 
 
 Fees and costs 585 
 
 Handwriting, proof of 343 
 
 Hearsay evidence 294, 299, 300, 315 
 
 Heir. (See Wills; Executor.) 
 
 Historical works, admissibility as evidence 336 
 
 Holidays, excluded in computing time -1 
 
 Husband: 
 
 In what cases can not testify 398 (3) 
 
 Not deprived of interest by will 649 
 
 Illegitimate child, adoption of 70S 
 
 Impeachment of witness: 
 
 May be made by what party 356, 358 
 
 By what evidence 358, 359 
 
 Imprisonment. (See Habeas corpus. ) 
 
 Infants, their appearance in action 109 
 
 Injunction: 
 
 Definition 1 73 
 
 Preliminary — 
 
 In proceedings to vacate judgment 143 
 
 Who may grant 174 
 
 Circumstances under which may be granted 175 
 
 Time of granting 176 
 
 Manner of obtaining 177 
 
 Proceeding in case of insufficient sureties 178 
 
 Notice to defendant 179 
 
 Dissolution or modification of 180 
 
 Damages 181 
 
 In certiorari, mandate, and prohibition proceedings 240 
 
 Issued bv Supreme Court 554 
 
 Final ' 182 
 
 Enforcement of 183 
 
 Punishment for violation of 247 
 
 Insanity: 
 
 Party becoming insane during action 161 
 
 Of signer of writing, evidence of 315 (10) 
 
 Of parent. (See Minors, adoption and custody of.) 
 
 Of testator 669 
 
 {See Unsound mind: Guardians of persons of unsound mind: Guardians 
 ad litem. ) 
 
 Insolvency of decedent's estate, how debts paid 764-767 
 
 Inspection: 
 
 Docket of Circuit Court to be open to 464 
 
 Of writings shown witness, may be made by opposite party 361 
 
 Insurance, form of complaint as to 808 ( 18-19 ) 
 
 Interest on judgment 472, 547 
 
 Intestate estates, disposition of, when no heirs are found 779-781 
 
 Interlocutory or incidental orders of Ciriuit Courts 116 
 
 Interpleading 1 1 •"> 
 
 Interpretation: 
 
 ( >f words in Code I 
 
 Of Spanish language 12 
 
 < )f words in instrument of writing 307, 300 
 
214 ALPHABETICAL INDEX. 
 
 Section. 
 
 1 oterpreters, to be used in explaining certain writings 309 
 
 Interrogatories: A nnexed to commission for taking depositions 373, 374 
 
 Intervention in Circuit Courts 114 
 
 Inventory: 
 
 Of guardian 603 
 
 Of executor 703, 706 
 
 Inviolability of clients' communications 31, 398 (4) 
 
 Isthmian Canal Commission; its officers may sue to establish title to real 
 
 estate 272 
 
 Jail limits 439 
 
 Judge: 
 
 Disqualification of. i See Disqualifications of judges. ) 
 
 Civil liability of 9 
 
 Can not act as lawyer 35 
 
 Of district court — 
 
 Fees of 814 
 
 (See District court, procedure in; District judge. ) 
 Of Circuit Court— 
 
 S] Trial 394, 395 
 
 Proceedings when physically disabled 395 
 
 Power of, in special proceedings 559 
 
 Judgment: 
 
 When may be reversed on accountof failure to comply with rules of court. 6 
 
 Of district court — 
 
 Rendition 59 
 
 Form 60 
 
 Execution on _ 65 
 
 In case of several plaintiffs or defendants 117, 118 
 
 For plaintiff by default 121 
 
 Of subordinate tribunal obtained through, fraud, accident, or mistake — 
 
 Relief may be granted by Circuit Court 141 
 
 Procedure to vacate 142 
 
 Temporary injunction 143 
 
 Final judgment 144 
 
 Attendance of district judge 145 
 
 Of court in Canal Zone or United States, its effect in evidence 323 
 
 What deemed adjudged on former trial 324 
 
 < )f foreign tribunal, its effect in evidence 327, 328 
 
 Of justice of the peace or district judge, proof of 333, 334 
 
 Entry of 459 
 
 When reserved 460 
 
 For affirmative relief for defendant 461 
 
 For possession or value of personalty 462 
 
 For payment in United States currency 462 
 
 When party dies after decision on issue of fact 463 
 
 Lien; lapse thereof 467 
 
 Not to be reversed on technical grounds 540 
 
 Of Supreme Court, certificate to be remitted to Circuit Court 543, 544 
 
 When affirmed by Supreme Court, interest may be added 547 
 
 Of Supreme ( 'ourt, when immediate effect to be given 548 
 
ALPHABETICAL INDEX. 215 
 
 Section. 
 
 Judicial record: 
 
 Domestic, how proved 320 
 
 Of court in United States, how proved 320 
 
 Effect same as of court in Canal Zone, with exceptions 326 
 
 Foreign, how proved 321, 322 
 
 Effect in evidence 327, 328 
 
 Impeachment of 329 
 
 Jurisdiction : 
 
 Action dismissed for want of, judgment for costs 527 
 
 Probate, what courts shall exercise 634-638 
 
 Land ; title by prescription 40 
 
 Landlord' s title, when presumed 349 ( 2 ) 
 
 Language, official 12,83 (5-8) 
 
 Lawyers: 
 
 Who may practice as 13 
 
 Qualification of applicants for admission to practice 14 
 
 Study required of applicants for admission to practice 15 
 
 Admission to practice 17 
 
 Oath required of 18 
 
 Admission to practice of applicants from other jurisdictions 19 
 
 Roll 20 
 
 Disbarment of 21 , 24, 25 
 
 Suspension of 21, 25 
 
 Authority to appear 26 
 
 May bind clients 27 
 
 Can not compromise without consent of clients 27 
 
 Unauthorized appearance 28 
 
 Fees— 
 
 I low fixed 29 
 
 Not to be taxed as costs except as provided 528 
 
 Costs allowed for attendance in the different courts 530-532 
 
 Retention of clients' funds 30 
 
 Must preserve secrets of clients 31 
 
 Substitution of 32 
 
 Their employment not required 33 
 
 For destitute litigants 34 
 
 Who can not act as .• 35 
 
 Their liens 36 
 
 Leading questions 353, 355 
 
 Legacy : 
 
 Liable for payment of decedent' s debts 758 
 
 Fixing time for payment of 772-774 
 
 Sale of estate to pay. (See Executor, sale of estate. ) 
 
 Legitimacy of issue, when presumed 349 (3) , 350 (29) 
 
 Libel; form of complaint 808 (27) 
 
 License: 
 
 To practice law 14, 17 
 
 To sell decedent's estate 751-755 
 
 Liens: 
 
 Of lawyers 36 
 
 On real estate, not affected by decree establishing title 278 
 
 Created by judgments 467 
 
 c 7. — 07 m 15 
 
216 ALPHABETICAL INDEX. 
 
 Section. 
 
 Limitations, statute of; form of answer 808 (35) 
 
 Litigation ; when lawyer not required 33 
 
 Mandamus: 
 
 Directing judge to sign exceptions 536 
 
 In general 552, 554, 555 
 
 Mandate: 
 
 Issuance of order 233 
 
 Damages in such action 234 
 
 Service of order 235 
 
 Enforcement of order 236 
 
 Preliminary injunctions 240 
 
 Expediting proceedings 241 
 
 Manual delivery of personalty: 
 
 Plaintiff may tile notice claiming 260 
 
 Affidavit and obligation to be filed by plaintiff 261 
 
 Warrant of seizure 262, 263 
 
 When objection made to sufficiency of obligation 264 
 
 Delivery to defendant 265 
 
 Defendant's obligation and sureties 265, 266 
 
 Responsibility of officer and clerk 267 
 
 Claim of third person 268 
 
 Return of papers 269 
 
 Final judgment 270 
 
 Manufactory, noxious; form of complaint 808 (25) 
 
 Maps; admissibility as evidence 336 
 
 Marriage, presumption of 350 (28 ) 
 
 Married woman: 
 
 As party to action 108 
 
 Certain property exempt from execution against husband 504 
 
 May make will 649 
 
 Xot deprived of interest by husband's will 649 
 
 (See Abatement.) 
 
 Marshal, fees of -- 812 
 
 Material allegations, only need be proved 312 
 
 Memorandum, may be referred to by witness 354 
 
 Minors: 
 
 Adoption and custody of — 
 
 How child may be adopted 794 
 
 Adoption by stepfather 795 
 
 Order of court, issuance of 796 
 
 Effect of order 797 
 
 When child is illegitimate 798 
 
 When child is vagrant, incorrigible, etc 799 
 
 When parents are separated or divorced 800, 801 
 
 Guardian for. (See Guardians of minors; Guardians ad litem.) 
 Minute book. (See Docket of Circuit Court.) 
 Mistake: 
 
 Relief from judgment or order taken on account of L06 
 
 Judgments obtained through, may be reversed by Circuit Court 141-145 
 
 Money: 
 
 Paid into court, custody of 403 
 
 Payment on judgment in United States currency 462 
 
ALPHABETICAL INDEX. 217 
 
 Mortgage: Section. 
 
 Debt due to decedent's estate 736 
 
 Debt due from decedent's estate 737 
 
 Foreclosure of. (See Foreclosure of mortgage.) 
 
 Mother, when natural guardian 588 
 
 Movable property, attachment of 444 
 
 Natural right, construction in favor of 311 
 
 Ne exeat: 
 
 When writ may issue 281 
 
 In favor of eoobligors or codebtors 282 
 
 Issuance by clerk 283 
 
 Where returnable 284 
 
 When judge absent 285 
 
 Bill or petition — affidavit — bond of plaintiff 286 
 
 Summons for defendant — bond of defendant — temporary departure no 
 
 breach 287 
 
 Surrender of defendant by surety 288 
 
 Proceedings on return of writ 289 
 
 Quashing or setting aside writ 290 
 
 Negative allegation, when must be proved 314 
 
 New trial: 
 
 May be granted by Circuit Court 138 
 
 Application for 139 
 
 Effect of granting 140 
 
 When may be ordered by Supreme Court 533, 534 
 
 May be ordered before another judge 541 
 
 Procedure upon 542 
 
 Nonresident: 
 
 Guardian of 608 
 
 Settlement of estate of decedent 636, 766 
 
 Nonsuit, in district court 52, 54 
 
 Notary public: 
 
 Fees of 815 
 
 (See Depositions.) 
 
 Nuisance. (See Manufactory, noxious, etc.) 
 
 Number, singular and plural 1 
 
 Oath: 
 
 Includes 1 
 
 Court may administer 11 
 
 Required of lawyers 18 
 
 ( )f referees 130 
 
 For affidavit, who may administer 365-367 
 
 Of witness giving deposition 385 
 
 Fees for administering. (See Fees. ) 
 
 Object, may be viewed by court 348 
 
 Objection, when defendant deemed to have waived 86 
 
 Offer: 
 
 ( )f compromise, not admissible as evidence 362 
 
 Unaccepted, equivalent to tender 363 
 
 Office, usurpation of. (See Usurpation of office or franchise. ) 
 
 Officer: 
 
 Court may control conduct of 11 
 
 Misbehavior of 243 (2) 
 
 When can not testify 398 (6) 
 
218 ALPHABETICAL INDEX. 
 
 Section. 
 
 Official documents, acts, and proceedings, proof of 330 
 
 Opinion of Supreme Court, copy certified to court below 545 
 
 Oral testimony 396 
 
 Order: 
 
 Court may preserve .. 11 
 
 ( )f trial in Circuit Court 125 
 
 Original entries, what constitute :'>4. r i 
 
 Orphan asylum: 
 
 1 1 » > \v child may he withdrawn from 794 
 
 When child may be committed to 799-801 
 
 Ownership, when presumed 350 (10-11 ) 
 
 Panamanian law in regard to disinheritance 782 
 
 Part of acts, etc., given in evidence; remainder shall be available to opposite 
 
 party 301 
 
 Parties to actions: 
 
 General provisions 107 
 
 Married woman as party 108 
 
 Infants, spendthrifts, and persons of unsound mind 109 
 
 How gurdian ad litem appointed 110 
 
 Numerous parties Ill 
 
 Death of party -. 112 
 
 Interpleading may be required of conflicting claimants 113 
 
 Intervention 114 
 
 Necessary parties may 1 >e < >rdered brought in 115 
 
 Partition : 
 
 No abatement in suits 162, 163 
 
 Who may bring action 192 
 
 Where action must be brought 193 
 
 Complaint 194 
 
 Order 1 95 
 
 Duty of commissioners 196 
 
 Of more than one tract 197 
 
 When estate can not be divided without inconvenience 198 
 
 Report of commissioners 199 
 
 Action upon c< immissioners' report 200 
 
 Distribution of proceeds of sale 201 
 
 Accounting for rents and profits 202 
 
 Costs and expenses, how taxed 203 
 
 Fees of commissioners 204 
 
 Final judgment, its record and effect 205 
 
 Guardian may represent ward 206 
 
 Paramount rights and amicable partition not affected 207 
 
 Action of guardian in partition of ward's estate 602 
 
 Of decedent's estate already assigned 791-793 
 
 Partnership: 
 
 Presumption of 350 (27) 
 
 Executor may examine books and property of 699, 700 
 
 Pauper, may be authorized to sue 819 
 
 Pedigree, evidence concerning 299, 315 (13) 
 
 Perpetuation of testimony. (See Depositions.) 
 
 Person, includes 1 
 
ALPHABETICAL INDEX. 219 
 
 Personalty: Section. 
 
 Attachment of 444, 447-449 
 
 Judgment for possession or value of 462 
 
 First chargeable for debts against decedent 7-">H 
 
 Manual delivery of. (See Manual delivery of personalty.) 
 
 Petition: 
 
 To establish title to real estate 272, 273 
 
 (See Complaint.) 
 
 Pleadings: 
 
 Definition 1 
 
 Allowed in Circuit Court. 82 
 
 Language and form 83 (5) 
 
 Translation '. 83 (6) 
 
 A nthentication 95 
 
 C !< mstruction of allegations 99 
 
 What may be stricken out 100 
 
 Specifications may be required 101 
 
 Variance between allegation and proof 102 
 
 Amendments, in general 103 
 
 W hen name of defendant unknown 104 
 
 Forms 808 
 
 Not in accordance with given forms m 808 
 
 Form of general heading . 808 ( 1 ) 
 
 Possession, adverse. (See Prescription.) 
 
 Postponement of trial 123 
 
 Prescription : 
 
 To what does not apply 37 
 
 Limitations prescribed elsewhere in Code 38 
 
 Period of, as to real estate 39 
 
 Title to land by 40 
 
 Exceptions in case of disability 41 
 
 As to civil actions other than for recovery of real property 42 
 
 As to relief not provided for 43 
 
 Rights saved on account of disability 44 
 
 When action deemed commenced 45 
 
 As to absent persons 48 
 
 Action barred where cause of action arose 47 
 
 Rights saved in case of reversal or failure otherwise than upon merits. ... 48 
 
 Renewal of right of action 49 
 
 Presumptions: 
 
 Conclusive 349 
 
 Disputable 350 
 
 Priest, when can not testify 398 (5) 
 
 Prima facie evidence, definition 298 
 
 Printed form, controlled by written portion of instrument 308 
 
 Probate proceedings: 
 
 Circuit courts shall have jurisdiction 634 
 
 Where resident's estate settled 635 
 
 Where nonresident's estate settled 636 
 
 Court once taking, to retain jurisdiction 637 
 
 When jurisdiction may be contested 638 
 
220 ALPHABETICAL INDEX. 
 
 Probate proceedings — Continued. Section. 
 
 Records of proceedings and their copies 639, 640 
 
 W hen clerk may sign instruments 641 
 
 Additional duties of clerk in absence of judge 642 
 
 Proceedings when judge disqualified 643 
 
 Fees and account thereof 644 
 
 Warrants and process may be issued 645 
 
 Orders may be enforced by commitment 646 
 
 Depositions may be received 647 
 
 Costs 648 
 
 (See Wills; Executor; Escheats; Distribution of decedent's estate; Fraudu- 
 lent conveyance of decedent's estate; Minors, adoption and custody of; 
 Guardians; Trusts and trustees. ) 
 
 Proceedings, official, how proved 330, 332 
 
 Process : 
 
 Definition 1 
 
 General provisions 5 
 
 Not in accordance with given forms - 808 
 
 Fees for service of < s 1 - 
 
 Prohibition: 
 
 Issuance of judgment and order 237 
 
 Service of judgment and order 238 
 
 Enforcement of order 239 
 
 Preliminary injunctions 240 
 
 Expediting proceedings 241 
 
 By Supreme Court 553-555 
 
 Prosecuting attorney: 
 
 Or assistant, can not act as lawyer 35 
 
 May sue to establish title to real estate 272 
 
 Public writings, when may be used as evidence 316 
 
 Publicity of proceedings and records 10, 464 
 
 Questions, leading 353, 355 
 
 Real estate: 
 
 I >efinition 469 
 
 Time of commencing action for recovery 30 
 
 Establishment of title — 
 
 Power of Circuit Courts 271 
 
 Who may sue ,- 272 
 
 Petition 273 
 
 Summons 274 
 
 Clerk's docket 275 
 
 Publication of "Land title notice " 275 
 
 Demurrer, answer 276 
 
 Further procedure -< < 
 
 Decree not to affect liens 278 
 
 Reopening decree, subsequent action 270 
 
 Representatives may act 280 
 
 ( !< instructive notice of action 416 
 
 I nstruments of conveyance, how proved 347 
 
 Attachment 445 
 
 Acquired after making of will, how affected 650 
 
 Whole interest of testator to pass by will 651 
 
 Wills devising, where recorded 659 
 
 Foreclosure of mortgage. (See Foreclosure of mortgage on real estate.) 
 
ALPHABETICAL INDEX. 221 
 
 Real estate — Continued. section. 
 
 Partition. (See Partition.) 
 Sale of realty of decedent. (See Executor, sale of estate. 
 
 Receiver: 
 
 Who may appoint 184 
 
 When may he appoointed 185 
 
 < Jeneral powers 186 
 
 Of corporation 185 (1), 187, 224, 225 
 
 Obligation for damages on appointment 188 
 
 Oath and obligation required 189 
 
 Investment of funds 1 90 
 
 Termination of receivership 191 
 
 Appointed under execution 52 2-524 
 
 Record of private writing, how proved 331 
 
 Records : 
 
 Shall be public 10, 464 
 
 Original, not to be removed from office 346 
 
 (#ee Judicial record; Official documents, etc.) 
 
 Referee: 
 
 May be agreed upon or appointed 1 28 
 
 Commission to 129 
 
 Oath of 130 
 
 Trial before 131 
 
 Report of 132 
 
 Hearing upon return 133 
 
 In case of execution returned unsatisfied 516-519 
 
 Fees of, how taxed 532 
 
 Registrar of land titles: 
 
 Clerk of Circuit Court shall act as 399 
 
 Wills devising real estate to be recorded in office of 659 
 
 Relevancy of evidence 313 
 
 Relief: 
 
 What may be granted plaintiff in Circuit Courts 119 
 
 From judgment or order taken on account of mistake, etc 106 
 
 Renewal of right of action 49 
 
 Repeal of codes, etc. , conflicting with this Code 820 
 
 Reply of plaintiff to new matter in answer 97 
 
 Representative, his death shall not cause action to abate 159 
 
 Reputation: 
 
 As to credibility of witness 315 (16) 
 
 As to facts of general interest, etc 315 (1 1-13) 
 
 Residuary legatee, when executor 679 
 
 Reversal of judgment: 
 
 Not allowed on technical grounds 540 
 
 (See Supreme Court, appellate jurisdiction.) 
 
 Roll, lawyers' 20 
 
 Rules: 
 
 Of evidence shall be uniform 292 
 
 Of Supreme and Circuit Courts 6 
 
 Sale: 
 
 Under execution. (See Execution. ) 
 
 Of real estate under foreclosure proceedings 255-257 
 
 Of trust estate 630 
 
 (See Guardian; Executor.) 
 
222 ALPHABETICAL INDEX. 
 
 Section. 
 
 Sanity of testator, how proved 668 
 
 Secondary evidence i »f contents of writing 337, 338 
 
 Several judgments 118 
 
 Sickness, last; payment of expenses 764 
 
 Spanish language, its use in court 12, 83 (5-8) 
 
 Special proceedings: 
 
 1 '( iwer of judge in 559 
 
 Appeals in 802-807 
 
 Specifications, may be required in pleadings • 101 
 
 Specific performance, form of complaint 808 (30) 
 
 Spendthrifts, their appearance in action 109 
 
 Stamped paper, not required in proceedings 7 
 
 Stenographer, may be employed in taking depositions 379 
 
 Stepfather, adoption of child by 795 
 
 Stockholders of corporations, abatement of actions against 169 
 
 Subpoena: 
 
 Issuance by district judge 61 
 
 Definition 417 
 
 Issuance, in general 418 
 
 Service • 419, 420 
 
 Disobedience 423-425 
 
 Forms 808 (38-39) 
 
 Substitution of lawyers 32 
 
 Summons: 
 
 From district court 50 
 
 Shall be issued on filing of complaint 405 
 
 For defendants residing in different circuits 406 
 
 What must c< mtain 407 
 
 When lost or not served 408 
 
 By whom served 409, 410 
 
 To whom delivered 409, 411 
 
 Return of 409 
 
 What equivalent to service 412 
 
 Service upon absent or unknown defendants 413, 414 
 
 Proof of service 415 
 
 Service in actions affecting title to real estate 416 
 
 Form 808 (40-41 ) 
 
 Sundays, excluded in computing time 4 
 
 Supplemental complaint or answer 98 
 
 Supreme Court: 
 
 Appellate jurisdiction — 
 
 General procedure 533 
 
 Hearings confined to matters of law, with exeepti< >ns 534 
 
 Procedure on appeal from special proceedings 535 
 
 Compelling judge to sign exceptions 536 
 
 Dismissal of bill of exceptions 537, 539 
 
 Correction of incomplete record 538 
 
 Judgment not to be reversed on technical grounds 540 
 
 Trial may V>e ordered before another judge , 541 
 
 Procedure upon new trial 542 
 
 Certificate of judgment remitted to Circuit Court 543, 544 
 
 Copy of opinion certified to court below 545 
 
 Excepting party not entitled to reversal as to another 546 
 
 Interest on judgment affirmed 547 
 
ALPHABETICAL INDEX. 223 
 
 Supreme Court — Continued. Section. 
 
 Appellate jurisdiction — Continned. 
 
 Extraordinary orders, when to be enforced by lower court 548 
 
 Bills of exceptions may be printed 549 
 
 < )riginal jurisdiction — 
 
 Procedure in cases of default caused by fraud, etc 550 
 
 In certiorari 551 , 554, 555 
 
 Mandamus 552, 554, 555 
 
 Prohibition 553, 554, 555 
 
 Preliminary injunctions 555 
 
 Expediting proceedings 555 
 
 Quo warranto 556 
 
 Surety : 
 
 Includes 1 
 
 May be party to accounting of executor 718 
 
 Of decedent, may present claim to executor 775 
 
 (See Bond.) 
 
 Survivals of persons dying in same calamity, presumption as to 350 (37) 
 
 Suspension of lawyers: 
 
 Causes for 22 
 
 Continuance of trial 22 
 
 Effect of 22 
 
 Proceedings upon 23 
 
 Institution and cost of proceedings 24 
 
 Hearing of charges 25 
 
 Tense, present, includes future 1 
 
 Terms of writing, presumed to be in their ordinary sense 307 
 
 Territory of the United States, includes 1 
 
 Testimony: 
 
 In district courts 56 
 
 {See Evidence; Depositions: Witness.) 
 Third person: 
 
 Right of, against officer in case of attachment 458 
 
 Claim of, on property levied on 507 
 
 Time: 
 
 How computed 4 
 
 Of commencing actions — 
 
 Against corporations for forfeiture of charter 227 
 
 Against officer to be ousted 227 
 
 For recovery of estate sold by guardian 61^ 
 
 (See Prescription; Abatement.) 
 
 For presenting claims against decedent's estate 722, 723 
 
 When this Code becomes effective 820 
 
 Title to land by prescription 40 
 
 Translation '. 12,83 (6-8) 
 
 Trespass on land, form of complaint as to 808 (23) 
 
 Trial: 
 
 In district court 55, 56 
 
 I n Circuit Court — 
 
 Postponement 123 
 
 Adjournment 124 
 
 Order 125 
 
 New. (See New trial.) 
 
 Before referee 131 
 
224 ALPHABETICAL INDEX. 
 
 Trusts and trustees: Section. 
 
 Death of trustee shall not cause abatement 160 
 
 Proceedings when trustee necessary under will 618 
 
 Proceedings upon death, resignation, etc., of trustee 619 
 
 Powers and bond of new trustee 620 
 
 Trustee appointed abroad 621, 622 
 
 Removal of trustee 623 
 
 Resignation of trustee 624 
 
 Executor of former trustee not bound to accept trust 625 
 
 Bond and duties of trustee 626, 628, 629 
 
 Inventory and appraisement 627 
 
 Sale of trust estate 630 
 
 General jurisdiction over trusts 631 
 
 ( 'onveyance of lands held in trust by decedent in his lifetime 755 
 
 Appeal from settlement of trustee 803, 804 
 
 United States: 
 
 Laws, admissible as evidence. 317-319 
 
 Currency, judgment made payable in 462 
 
 Payment of debts due from decedents' estates 764 
 
 Unsound mind: 
 
 Includes 1 
 
 Person of, appearance in action 109 
 
 Witness disqualified by 398 (1) 
 
 Transactions with persons of, when can not be testified to 398 (7) 
 
 {See Guardians of persons of unsound mind; Guardians ad litem.) 
 
 Usage, evidence of, to explain true character of instrument 315 (12) 
 
 Usurpation of office or franchise: 
 
 Action against a person or association of persons not incorporated 208 
 
 Action against a corporation 209 
 
 May be prosecuted by public officers 210, 211 
 
 May be prosecuted by individual 212 
 
 Complaint 213 
 
 Who may be made defendants 214 
 
 Where actions may be brought 215 
 
 Application for leave to commence action and notice to defendant .' 216 
 
 Expediting proceedings 217 
 
 Judgment." 213, 218 
 
 Judgment where director of corporation illegally elected 219 
 
 Rights of person entitled to office : 220 
 
 Knforcement of judgment 221 
 
 Action for damages against person ousted 222 
 
 Judgment when corporation has forfeited its rights 223 
 
 Appointment of receiver when corporation dissolved 224 
 
 1 low receiver placed in possession 225 
 
 Judgment against corporation for costs 226 
 
 Limitations as to commencing actions 227 
 
 Concurrent jurisdiction of Supreme Court 556 
 
 Vacation, certain orders may be made in 241 
 
 Vagrant children, adoption of 799 
 
 Variance 102 
 
 Venue of actions 393 
 
 View of object by court 348 
 
 Widow, allowance to. during settlement of decedent's estate 719 
 
ALPHABETICAL INDEX. 225 
 
 Wife: Section. 
 
 In what cases can not testify 398 (3) 
 
 Not deprived of interest by will 649 
 
 Wills: 
 
 Who may make 649 
 
 Who can not be deprived of interest by 649 
 
 Real estate acquired afterwards may pass by will 650 
 
 Whole interest to pass 651 
 
 Executed in accordance with law now in effect 652 
 
 Requisites of 653 
 
 Custody of 654 
 
 Who are competent witnesses 655 
 
 Subsequent incompetency immaterial 656 
 
 When devise or legacy to witness void 657 
 
 Revocation of 658 
 
 Devising real estate, where recorded 659 
 
 Allowance by court 660 
 
 Custodian to deliver 661-664 
 
 Executor to present will 662, 663 
 
 Court to appoint hearing on 665 
 
 How proved when not attested 666 
 
 When witness does not remember signing 667 
 
 When witness does not reside in Canal Zone 668 
 
 Grounds for disallowing 669 
 
 Made out of Canal Zone, may be proved in Zone 670 
 
 Made within Canal Zone by alien, may be proved in Zone 671 
 
 Proved outside of Canal Zone, allowance of 672-675 
 
 Share of child born after making 784, 786 
 
 Share of child omitted from 785, 786 
 
 Appeal in case of allowance or disallowance 805 
 
 (See Executor.) 
 
 Witness: 
 
 Court may compel attendance 11 
 
 Subpoenaed by district judge 61 
 
 Refusal to be sworn or to testify 242 
 
 Evidence as to credibility 315 (16) 
 
 May refer to memorandum 354 
 
 Impeachment 358, 359 
 
 Evidence as to good character 360 
 
 Oral testimony 396 
 
 Qualification 397 
 
 Incompetency 398 
 
 May be compelled to testify anywhere in Canal Zone 421 
 
 Person present in court may be compelled to testify 422 
 
 Compelling attendance 425 
 
 W hen imprisoned, how may be examined 426 
 
 To signature of testator. (See Wills.) 
 
 Fees allowed 817 
 
 (See Subpoena; Evidence; Depositions.) 
 
 Words, interpretation of: 
 
 In Code 1 
 
 In instrument of writing 307 
 
 Writ, definition 1 
 
226 ALPHABETICAL INDEX. 
 
 Writing: Section. 
 
 Includes 1 
 
 What agreements must be in 351 
 
 Contents of, how proved 302 
 
 Interpretation of 304 
 
 When may be used as evidence 315 (14) 
 
 Copy of, how certified for use as evidence 335 
 
 Proof of contents when lost 337 
 
 Proof of contents when in possession of adverse party 338 
 
 When need not be offered in evidence 339 
 
 Proof of execution 340-342 
 
 Of deceased person, prima facie evidence 344 
 
 Containing alteration, how used as evidence 352 
 
 When shown to witness may be inspected by opposite party 361 
 
 Contained in instrument, controls printed portion 308 
 
 o 
 
/ ~<>A-l > fcjj '->A 
 
 f* 
 
J > -> >-?!• 
 
 J> 3 
 
 ->.. ^» > :> ^> > 
 
 3 2 3 2 > 
 
 3:s> •> > > > 
 
 > 3 > > "> > > 
 j> > > > > > 
 
 33£> > "> ) - 
 
 > 3 3 > ;> 
 
 2> 
 
 3 > -> 
 
 3^> 2 
 
 33 > 
 
 2$o > 
 
 2 ) >v 
 
 3<0 3 
 
 V) > 
 
 , y s > . 
 
 > >3 : 
 
 > 2 
 
 > > 
 
 3 | i 
 -as* ;» 
 
 » 
 
 >> 2 
 
 K> 3 
 
 » > 
 
 o > 
 
 > >3 
 » 23 
 3 23 
 
 3 » 
 
 :> 3 > ^ 
 
 ) D >-.'".;> > 
 
 3 ) ' > ,J» 3 
 
 y.i > ■:» 3 
 
 >3 > -^ > 
 
 3 3 3 sj* 3 
 
 3£ :>^» 3 
 
 ■>3 >£zm •> 
 
 >> rsga* 3 • 
 
 » 3 2^> 
 32 
 
 ~>S> 
 
 22 
 - :>2 
 
 ? s> 
 ;>3 
 
 2^ >2 
 
 3>^ . ■ ■ >2 3> 
 
 >;> >5 3> 
 
 > >> 3> 
 22 >3 30 
 
 22 2> 
 
 £ 3 23 
 
 > >j> > ■■ : 
 
 > ■> >3 > . 
 
 32 ' * 
 2\2 ^ 
 
 > 3*2 
 
 >» :>2 " 
 
 >.? ~2>2 > 
 
 3 o 3» > 
 , >• 3» 3 
 
 3 3 ^> 3 
 , 3 >^>> 2 
 <> 23 3^ 
 
 32 2-^ 22 
 
 3 ">3 32 
 
 3 ' > ■ 3 > 
 3» 2 > >3 
 
 3 X> ^ >J 
 
 , ) 3> > g. J>j> 
 
 > 3t> 5 » J>J> 
 
 x> ^> > V 
 
 » >> > \ 
 
 »o> > 
 
 x> o>> ) > >• 
 
 » >^> > , 
 
 » 32 3 _> ^ 
 
 » -i> 3 
 
 > 3^ > > ■> 
 
 > ? 
 
 
 3 >> > 
 
 y » > 
 
 » >3 
 
 » » X 
 
 X> >-> 
 
 » > j 
 
 23 ^ 
 
 » J> >.- 
 
 22 2> 
 
 ^> s> 
 
 >3 >2 
 
 2^> X> 
 
 > r> -»' 
 
 ^ 32 
 
 r > » • 
 
 ■ 33 - 
 
 ; .> >3 > 
 > . 
 
 > >> > L 
 
 > >1 >J 
 
 ^ >^ > > > 
 
 > > > > > 
 
 2 3^ 3^> 
 
 . 1> 3 
 >^ 3 
 '2> 
 
 ■ ^ 
 
 ->2> 3 
 
 > • -3 > 
 2 2 P 
 
 > J> 
 >3 
 
 > > 
 
 2»> 
 
 > J> 
 
 > 3 
 
 > > 
 >^ 
 >> 
 
 > ^> • 
 
 -> 2i> 
 
 > 3B> 
 
 3 ^^ 
 
 3 "» 
 
 > T 
 ) 
 
 2 > > 
 
 "> 3 
 
 ;? 
 
 3 > 
 
 3 
 
 ) i3 
 
 > 
 
 3 > 
 
 > 
 
 > > 
 
 > 
 
 3 > 
 
 > 
 
 )D 
 
 > 
 
 J j 
 
 > 
 
 ) ) 
 
 > 
 
 353 
 
 > 
 
 r> 
 
 > 
 
 *3 
 
 > 
 
 ^3 
 
 2> i 
 
 TO 
 
 3> » 
 
 n 
 
 > 3 
 
 > 35 > 3 
 ■ > '■> 2D > 3 
 3 >^> 
 
 >I2 
 
 y >. > 
 
 >3 > 
 
 33 
 
 ? 2> k 
 
 : 5 5> 
 
 Z8S> » 
 
 3 3 J>3 
 
 > > 
 ) > 
 
 r> 
 
 2s> 
 
 -..^ 
 
 }>>>-> ' > 
 
 ; > 3 B > > 
 
 > )■ > 1 ^ ' > 
 
 ■ ). ) i> '2 
 
 > 3 
 
 > » 
 
 > > 
 
 > > 
 
 > > 
 
 > -> 
 
 > > 
 
 3 > 
 
 ^2> 3 
 >3> J> 
 
 3?i5»; 2 
 
 j > 3 2i > 
 -^ S!5 ^*» » 
 
 > 
 >> ? 
 
 ■> 3* -> ■ 
 3 2>2 3 5 
 
 )3)j ^ j:> 3 
 
 ? :> >> > > -> ">"} 
 
 O 323 3 > ,r 
 
 ) ^^» ^ > ^ >~ 
 
 ' 3 3> [3 . 
 
 > > J> 
 
 » » : 
 
 > 2 
 
 > > 
 
 > 2> 
 
 > i> 
 
 > 3 > 
 
 > S> 
 > > v 
 
 33> ^ ' _^ 
 
 ,_ > > ■ * -^ =±* 
 ]0> > > => 
 =??> > > ^ 
 
 ■TO > 
 
 ■» > ^ ^ 
 
 ">.> • >^> 
 
 >~ > >^» 
 
 -w.> "> > 
 
 Sr > >> 
 
 ->-,•>- 3 3 
 
 ■ ; y> >> 
 , '>> > 
 
 J 3 3ft> J 
 
 > j> -3* *» 
 
 >: > »i s 
 >> x 
 

 >3» 3 
 
 ». 3 
 
 33 -> 
 
 33> 
 
 3 
 
 3 - 
 :> 
 
 3 
 
 3 _ 
 
 3 >3 ^;»> > 
 ;> >3> >^> > 
 
 > DO » > J 
 . 3 ^ » ' 1 
 
 > > 3S> » > 
 
 i > :s» 3:> > 
 >3 j» » r 
 
 > -> 3» j» ; 
 ^> 3* 
 _> 3> > > 
 3 3> > "> ^ 
 > > > > :> > 
 >> > :> J>3 
 >-> > > ~>-S) 
 
 3> > > > -> ' 
 
 3 3 > 
 
 3 3 3 
 
 3;> o 
 
 j> ^ 3 
 
 > 3 >3 
 ^J> 3B> 
 
 > 3 -» 
 
 5 "> ^ 
 j> 3 ^» 
 3 3 ^ 
 
 
 J> t p 3J> ? 
 
 _, j> ^ 3 X3» 5 
 
 >> 3 > > 3> > 
 
 3> 3 > 
 > > -> 
 3> 
 3> > > 
 
 >> > 
 
 >.2> y 
 yj> > 
 \> > 
 
 ► 3 
 
 • )J» 3 
 
 > >:> 3 
 
 > ;>;> :> 
 
 > ->3> 3» 
 
 > z> -» 
 
 >J> 3J5 
 '3 33 
 J> 3G> 
 :> :>^> 
 
 D> » 
 
 3 ^j> 
 3 x> 
 
 - **» >% • 
 
 a »:> ^ H> 3 3 ">- 
 
 & si jo.r 
 
 >t ^ > > ~> 
 
 •> > > o>t. ^} v 
 > :> .-> > > > ? j> ? 
 
 3» >£> >-i> ■ 3 ^> 
 
 > > > > J > > ^> 
 
 ^> > > "> " J > ~) -> 
 
 J2) > » > > y > 
 
 )J ^ J>3 > > > J> 
 
 E> "JS> >>> > > J> 
 
 
 r> "5> 
 
 i»^ 
 
 O 3 
 
 -> 03 f 
 > )P> y • 
 
 3 y>^ 
 
 3 >3^ 
 
 ) v^> 1 
 > 3 3» >'' 
 
 > - "> 3 
 
 ■y m 
 • > ^ 
 -» ^ ■> 
 
 > » 
 
 ) > 
 
 > ) 
 
 3 ■ 
 > 
 > 
 
 3^» 
 
 33> 
 
 > ~» >> 
 
 3 a 
 
 3 33 X> 
 
 5 33 t) 
 
 > > » 3» 
 
 ■ > -;- ■> 
 
 . »t3B > 
 
 ? 3> ^> 3 
 
 ' > 3 
 
 > J> • > > 
 
 > -> > 7 3 
 
 ^ :> ^ o > / 
 ^ -> :> j j 
 
 > 3> 
 
 > " 
 
 ' > : 
 
 > > 3> 
 
 > J» > 
 > > 
 
 > 3> > 
 
 >> » >> > , > y y 
 
 J> 33> > > > % ^ 
 
 3 33 > -' > *> ' 
 
 3 > >3 > 3 > j S 
 
 D 3 33 > ) 3 ; 3 
 
 ) > 3E> 3& > > > 
 
 > » j> > > ^ 
 
 3 3> >J 3 > > 
 
 3 »» ) j > 
 
 ► > S3 ^> > 3 : 
 
 3> 2> ■■-> > > >