Chapter 24

7 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 1 CHAPTER 24 ACTIONS IN PARTICULAR CASES Article 1. Foreclosure of Mortgages. Article 2. Nuisance, Waste, and Willful Trespass i n Certain Cases, on Real Property. Article 3. Conflicting Claims to Real Property, an d Other Provisions Relating to Actions Concerning Real E state. Article 4. Partition of Property. Article 5. Actions Against Steamers, Vessels, and Boats. Article 6. Contribution Among Joint Tortfeasors. ARTICLE 1 FORECLOSURE OF MORTGAGES § 24101. Foreclosure of Mortgages. § 24102. The Complaint in an Action for Foreclosure of a Mortgage. § 24103. Trial and Judgment in Foreclosure Suits. § 24104. Sale of the Mortgaged Property. § 24105. Disposition of Proceeds. § 24106. Disposition of Proceeds in Case the Debt i s Not All Due. § 24107. Judgment for Balance After Sale of Propert y. § 24108. Final Record. § 24101. Foreclosure of Mortgages. Any action for the recovery of any debt, or the en forcement of any right secured by mortgage on real or personal property, m ust be in accordance with the provisions of this Chapter.

e of Mortgages. Any action for the recovery of any debt, or the en forcement of any right secured by mortgage on real or personal property, m ust be in accordance with the provisions of this Chapter. All actions fo r the foreclosure of a mort- gage or other encumbrance upon real estate must be brought in the Superior Court. SOURCE: CCP § 726 as amended by P.L. 9-256, effective 1/8/1 969. § 24102. The Complaint in an Action for Foreclosur e of a Mortgage. In all actions for the foreclosure of a mortgage, the complaint shall set forth the date and due execution of the mortgage; i ts assignments, if any; the names and residences of the mortgagor; a descriptio n of the mortgaged property; a statement of the date of the note or ot her obligation secured by the mortgage, and the amount claimed to be unpaid t hereon; and the names COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 2 and residences of all persons having or claiming an interest in the property subordinate in right to that of a holder of the mor tgage, all of whom shall be made defendants in the action. No person holding a conveyance from or under the mortgagor of property mortgaged, or havin g a lien

in right to that of a holder of the mor tgage, all of whom shall be made defendants in the action. No person holding a conveyance from or under the mortgagor of property mortgaged, or havin g a lien thereon, which conveyance or lien does not appear of record in the Department of Land Management at the time of the commencement of the a ction, need be made a party to such action, and the judgment therein rend ered, and the proceedings therein had, are as conclusive against the party ho lding such unrecorded conveyance or lien as if he had been a party to the action. SOURCE: CCP § 726a. § 24103. Trial and Judgment in Foreclosure Suits. 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 within a period of three (3) months in t he case of real estate mortgage or other encumbrance upon real estate, or within a period of one (1) month in the case of a mortgage upon personal p roperty, from and after the date on which the order

e case of real estate mortgage or other encumbrance upon real estate, or within a period of one (1) month in the case of a mortgage upon personal p roperty, from and after the date on which the order was made. SOURCE: CCP § 726b. § 24104. 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 t he property (or so much thereof as may be necessary) to be sold in the mann er and under the regulations that govern sales of real estate under execution; but such sale shall not affect the rights of persons holding prio r encumbrances upon the same estate or a part thereof. The sale, when confi rmed by decree of the court, shall operate to divest the rights of all th e parties to the action and to vest their rights in the purchaser. Should the cour t decline to confirm the sale, for good cause shown, and should set it aside , it shall order a resale in accordance with law. SOURCE: CCP § 726c. § 24105. Disposition of Proceeds .

. Should the cour t decline to confirm the sale, for good cause shown, and should set it aside , it shall order a resale in accordance with law. SOURCE: CCP § 726c. § 24105. Disposition of Proceeds . The money arising from the sale of mortgaged prope rty, under the regulations hereinbefore prescribed, shall, after d eduction of costs of sale, be paid to the person foreclosing the mortgage, and wh en there shall be any COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 3 surplus, after paying off such mortgage or other en cumbrance, the same shall be paid to junior encumbrances in the order of thei r priority, to be ascertained by the court, or if there be no such en cumbrances, or there be a surplus after payment of such encumbrances, then to the mortgagor or his agent, or to the person entitled to it. SOURCE: CCP § 727. § 24106. Disposition of Proceeds in Case the Debt is Not All Due. If the debt for which the mortgage or encumbrance w as held is not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterward s, as often as more becomes due for principal or interest, the court ma y, on motion,

as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterward s, as often as more becomes due for principal or interest, the court ma y, on motion, order more to be sold. But if the property cannot be sold in p ortions without injury to the parties, the whole shall be ordered to be sold in t he first instance, and the entire debt and costs paid, there being a rebate of interest where such rebate is proper. SOURCE: CCP § 728. § 24107. Judgment for Balance After Sale of Proper ty. Upon the sale of any real property, under a decree for a sale to satisfy a mortgage or other encumbrance thereon, if there be a balance due to the plaintiff after applying the proceeds of the sale, the court, upon motion, shall give a decree against the defendant for any such ba lance 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 a ll due at the time of the rendition of the decree; otherwise the plaintiff sh all he entitled to execution at such time as the balance remaining would have be come due by the terms of the original contract, which time shall be

endition of the decree; otherwise the plaintiff sh all he entitled to execution at such time as the balance remaining would have be come due by the terms of the original contract, which time shall be state d in the decree. SOURCE: CCP § 729. § 24108. Final Record. The final record in the action shall set forth, in brief, the petition and other pleadings, judgment, orders, the proceedings under the order of sale, and the decree confirming the same, and the name of the purchaser, with a description of the estate purchased by him. A certi fied copy of such record shall be recorded in the Department of Land Managem ent. SOURCE: CCP § 729a. ---------- COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 4 ARTICLE 2 NUISANCE , WASTE & WILLFUL TRESPASS IN CERTAIN CASES ON REAL PROPERTY NOTE: This Article is now found in 21 GCA Chapter 23. It was placed in Title 21 as it deals with real property, the subject of that Ti tle. ---------- ARTICLE 3 CONFLICTING CLAIMS TO REAL PROPERTY AND OTHER REAL ESTATE ACTIONS NOTE: This Article 3 is now found in 21 GCA Chapter 25, as it deals with real property. ---------- ARTICLE 4 PARTITION OF PROPERTY § 24401.

CTING CLAIMS TO REAL PROPERTY AND OTHER REAL ESTATE ACTIONS NOTE: This Article 3 is now found in 21 GCA Chapter 25, as it deals with real property. ---------- ARTICLE 4 PARTITION OF PROPERTY § 24401. Who May Bring Actions for Partition. § 24402. Action for Partition of Personal Property. § 24403. Interest of All Parties Must be Set Forth in the Complaint. § 24404. Lienholders not of Record Need not be Made Parties. § 24405. Plaintiff Must File Notice of Lis Pendens. § 24406. Summons; to Whom Directed. § 24407. Unknown Parties May be Served by Publicati on. § 24408. Answer of Defendant; What to Contain. § 24409. Rights of All Parties May be Put in Issue. § 24410. Partial Partition. § 24411. Rights of Lienholders. § 24412. Question of Sale or Partition; Appointment of a Referee. § 24413. Death or Insanity of Party. § 24414. Partition Must be According to Rights of P arties. Sale of Undivided Interests. Allotment of Shares to Each Pa rty. § 24415. Report of Referees. § 24416. Court May Confirm, etc., the Report; Judgm ent Binding on Whom. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 5 § 24417. Judgment Not to Affect Tenants for Years t o the Whole Property.

ay Confirm, etc., the Report; Judgm ent Binding on Whom. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 5 § 24417. Judgment Not to Affect Tenants for Years t o the Whole Property. § 24418. Expense of Partition Must be Apportioned A mong the Parties. § 24419. A Lien on an Undivided Interest of any Par ty is a Charge Only on the Share Assigned to Such Party. § 24420. Estate for Life or Years may be Set Off in a Part of the Property Not Sold, When Not All Sold. § 24421. Application of Proceeds of Sale of Encumbe red Property. § 24422. Party Holding Other Securities May Be Requ ired First to Exhaust Them. § 24423. Disposition of Sale Proceeds. § 24424. When Proceeds are Paid into Court. § 24425. Referee's Sales May be Public or Private. § 24426. Court must Direct Terms of Sale or Credit. § 24427. Referees may Take Securities for Purchase Money. § 24428. Tenants Whose Estate has Been Sold Shall R eceive Compensation. § 24429. Court may Fix Such Compensation. § 24430. Court must Protect Tenants Unknown. § 24431. Securing Value of Contingent Future Rights or Estates or Life Estates. § 24432. Terms of Sale Must be Made Known at the Ti me; Lots Must be Sold Separately.

urt must Protect Tenants Unknown. § 24431. Securing Value of Contingent Future Rights or Estates or Life Estates. § 24432. Terms of Sale Must be Made Known at the Ti me; Lots Must be Sold Separately. § 24433. Who May not be Purchasers. § 24434. Referees Must Report Sale to Court. Court May Vacate Sale. § 24435. Referees to Execute Conveyances. § 24436. Proceeding if Lienholder Becomes a Purchas er. § 24437. Conveyances Must be Recorded, and Shall be a Bar Against Parties. § 24438. Proceeds of Unknown Parties; How Invested. § 24439. Investment in the Name of the Director of Administration. § 24440. When Parties' Interests Ascertained, Secur ities to be in Their Names. § 24441. Duties of the Director of Administration in Making nvestments. § 24442. When Unequal Partition is Ordered, When Co mpensation May be Adjudged. § 24443. Infant's Share May be Paid to Guardian. § 24444. Insane Person's Guardian May Receive that Party's Interest. § 24445. Costs of Partition. § 24446. Apportionment of Litigation Expenses. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 6 § 24401. Who May Bring Actions for Partition.

nterest. § 24445. Costs of Partition. § 24446. Apportionment of Litigation Expenses. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 6 § 24401. Who May Bring Actions for Partition. When several co-tenants own real property as joint tenants, or tenants in common, in which one or more of them have an est ate of inheritance, or for life or lives or for years, or when real proper ty is subject to a life estate with remainder over, an action may be brought by on e or more of such persons, or, where property is subject to a life es tate with remainder over, by the life tenant, for a partition thereof according to the respective rights of the persons interested therein, and for a sale of such property, or a part thereof, if it appears that a partition cannot be made without great prejudice to the owners. SOURCE: CCP § 752. COMMENT: See, as for partition of real property, Tabor v. Ulloa (1963) 323 F.2d. 823. § 24402. Action for Partition of Personal Property . When several persons are co-owners of any personal property, an action may be brought by any one or more such co-ow ners for a partition thereof; or in case partition cannot be had without great prejudice to the

persons are co-owners of any personal property, an action may be brought by any one or more such co-ow ners for a partition thereof; or in case partition cannot be had without great prejudice to the owners, for the sale thereof, and partition of the proceeds according to the respective interests of the parties. In all such ac tions, the provisions of this Chapter shall govern wherever applicable. Real and personal property may be partitioned in the same action. SOURCE: CCP § 752a. § 24403. Interest of All Parties Must be Set Forth in the Complaint. The interests of all persons in the property, wheth er such persons are known or unknown, must be set forth in the complain t, as far as known to the plaintiff; and if one or more of the parties, o r the share or quantity of interest of any of the parties, is unknown to the p laintiff, or is uncertain or contingent, or the ownership of the inheritance dep ends upon an executory devise, or the remainder is a contingent remainder, so that such parties cannot be named, that fact must be set forth in the complaint. SOURCE: CCP § 753. § 24404. Lienholders Not of Record Need Not Be Mad e Parties.

mainder is a contingent remainder, so that such parties cannot be named, that fact must be set forth in the complaint. SOURCE: CCP § 753. § 24404. Lienholders Not of Record Need Not Be Mad e Parties. No person having a conveyance of or claiming a lien on, the property, or some part of it, need be made a party to the act ion, unless such conveyance or lien appears of record. SOURCE: CCP § 754. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 7 § 24405. Plaintiff Must File Notice of Lis Pendens . Immediately after filing the complaint in the court having jurisdiction, the plaintiff must record in the Department of Land Management a notice of the pendency of the action containing the names of the parties so far as known, the object of the action, and a description of the property to be affected thereby. From the time of filing such noti ce for record, all persons shall be deemed to have notice of the pendency of t he action. SOURCE: CCP § 755; amended by P.L. 5-54 eff. 7/1/60. § 24406. Summons; to Whom Directed. The summons must contain a description of the prope rty sought to be partitioned, and must be directed to all of the per sons named as defendants in the

f. 7/1/60. § 24406. Summons; to Whom Directed. The summons must contain a description of the prope rty sought to be partitioned, and must be directed to all of the per sons named as defendants in the complaint, and when it shows that some perso n, whose name is unknown to the plaintiff, has or claims an interest in, or lien upon, the property, the summons must also be directed to all persons unknown who have or claim any interest in, or lien upon, the pr operty. SOURCE: CCP § 756. § 24407. Unknown Parties May be Served by Publicat ion. If a party having a share or interest is unknown, o r any one (1) of the known parties resides outside of the Territory of G uam, or cannot be found therein, and such fact is made to appear by affidav it, the summons may be served on such absent or unknown party by publicati on, as in other cases when publication is made, the summons, as published , must be accompanied by a brief description of the property which is the subject of the action. SOURCE: CCP § 757. § 24408. Answer of Defendant; What to Contain. If the defendant fails to answer within the time al lowed by law, he is deemed to admit and adopt the allegations of the co mplaint.

SOURCE: CCP § 757. § 24408. Answer of Defendant; What to Contain. If the defendant fails to answer within the time al lowed by law, he is deemed to admit and adopt the allegations of the co mplaint. Otherwise, he must controvert such of the allegations of the comp laint as he does not wish to be taken as admitted, and must set forth his est ate or interest in the property, and if he claims a lien thereon, must sta te the date and character of the lien and the amount remaining due, and whether he has any additional security therefor, and if so, its nature and extent , and if he fails to disclose such additional security, he must be deemed to have waived his lien on the property to be partitioned. SOURCE: CCP § 758. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 8 § 24409. Rights of All Parties May be Put in Issue . The rights of the several parties, plaintiff as wel l as defendant, may be put in issue, tried, and determined in such action; and when a sale of the premises is necessary, the title must be ascertaine d by proof to the satisfaction of the court before the sale can be or dered; except that where there are several unknown persons having an interes t

remises is necessary, the title must be ascertaine d by proof to the satisfaction of the court before the sale can be or dered; except that where there are several unknown persons having an interes t in the property, their rights may be considered together in the action, an d not as between themselves. SOURCE: CCP § 759. § 24410. Partial Partition. Whenever from any cause it is, in the opinion of th e court, imprac- ticable or highly inconvenient to make a complete p artition, in the first instance, among all the parties in interest, the co urt may first ascertain and determine the shares or interest respectively held by the original co-tenants, and thereupon adjudge and cause a partition to be m ade, as if such original co-tenants were the parties, and sole parties, in i nterest, and the only parties to the action, and thereafter may proceed in like m anner to adjudge and make partition separately of each share or portion so ascertained and allotted as between those claiming under the original tenant to whom the same shall have been so set apart, or may allow them to remain tenants in common thereof, as they may desire. SOURCE: CCP § 760. § 24411. Rights of Lienholders.

under the original tenant to whom the same shall have been so set apart, or may allow them to remain tenants in common thereof, as they may desire. SOURCE: CCP § 760. § 24411. Rights of Lienholders. If it appears to the court that there are outstandi ng liens or encumbrances of record upon such real property, or any part thereof, which existed and were of record at the time of the comme ncement of the action, and the persons holding such liens are not made par ties to the action, the court must order such persons to be made parties to the action by an amended or supplemental complaint. SOURCE: CCP § 761. § 24412. Question of Sale or Partition; Appointmen t of a Referee. If it appears by the evidence, whether alleged in t he complaint or not, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners, or where pro perty is subject to a life estate and the remainder is a contingent remainder, the court may, and in the latter case must, order the sale thereof; otherwise , upon the requisite proof being made, it must order a partition according to the respective rights of the COL21020147 GCA CIVIL PROCEDURE CH.

the latter case must, order the sale thereof; otherwise , upon the requisite proof being made, it must order a partition according to the respective rights of the COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 9 parties as ascertained by the court and may appoint a referee or referees therefor, and must designate the portion to remain undivided for the owners whose interests remain unknown, or are not ascertai ned. SOURCE: CCP § 763. There was no Guam CCP § 762. § 24413. Death or Insanity of Party. If, during the pendency of the action, any of the p arties die, or become insane, or otherwise incompetent, the proceedings s hall not for that cause be delayed or suspended, but the attorney who has appe ared for such party may continue to represent such interest; and in case an y such party has not appeared by an attorney, the court must appoint an attorney to represent the interest which was held by such party until his hei rs or legal representatives or successors in interest shall have appeared in th e action; and an attorney so appointed must be allowed by the court a reasonable compensation for his services, which may be taxed as costs against the s hare or

in interest shall have appeared in th e action; and an attorney so appointed must be allowed by the court a reasonable compensation for his services, which may be taxed as costs against the s hare or interest represented by such attorney, and may be adjudged a lien thereon in the discretion of the court. SOURCE: CCP § 763a. § 24414. Partition Must be According to Rights of Parties. Sale of Undivided Interests. Allotment of Shares to Each Pa rty. In making partition, the referees must divide the p roperty, and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, pursuant to the provisions of this Chapter, designating the several portions by proper landmark s, and may employ a surveyor with the necessary assistants to aid them, if the surveyors of the government of Guam are not available upon request. Before making partition or sale, the referees may, whenever it will be for the advantage of those interested, set apart a portion of the property for a way, road, or street, and the portion so set apart must not be assigned to an y of the parties or sold,

ver it will be for the advantage of those interested, set apart a portion of the property for a way, road, or street, and the portion so set apart must not be assigned to an y of the parties or sold, but must remain an open and public way, road, or street , unless the referees shall set the same apart as a private way for the use of the parties interested, or some of them, their heirs and assigns, in which cas e it shall remain such private way whenever the referees have laid out on any tract of land roads sufficient in the judgment of said referees to acco mmodate the public and private wants, they must report that fact to the co urt, and upon the confirmation of their report, all other roads on sa id tract cease to be public highways. Whenever it appears, in an action for par tition of lands, that one or more of the tenants in common, being the owner o f an undivided interest COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 10 in the tract of land sought to be partitioned, has sold to another person a specific tract by metes and bounds out of the commo n land, and executed to the purchaser a deed of conveyance, purporting to c onvey the whole title to such

partitioned, has sold to another person a specific tract by metes and bounds out of the commo n land, and executed to the purchaser a deed of conveyance, purporting to c onvey the whole title to such specific tract to the purchaser in fee and in severalty, the land described in such deed shall be allotted and set apart in par tition to such purchaser, his heirs, or assigns, or in such other manner as shall make such deed effectual as a conveyance of the whole title to such segregat ed parcel, if such tract or tracts of land can be so allotted or set apart with out material injury to the rights and interests of the other co-tenants who ma y not have joined in such conveyance. In all cases it is the duty of the refe rees, in making partition of land, to allot the share of each of the parties own ing an interest in the whole or in any part of the premises sought to be partiti oned, and to locate the share of each co-tenant, so as to embrace as far as pract icable the improvements made by such co-tenant upon the property, and the v alue of the improvements made by the tenants in common must be excluded from the valuation in making the allotments, and the land mu st be valued without

y such co-tenant upon the property, and the v alue of the improvements made by the tenants in common must be excluded from the valuation in making the allotments, and the land mu st be valued without regard to such improvements, in case the same can b e done without material injury to the rights and interests of the other ten ants in common owning such land. SOURCE: CCP § 764. § 24415. Report of Referees. The referees must make a report of their proceeding s, specifying therein the manner in which they executed their tru st, and describing the property divided, and the shares allotted to each p arty, with a particular description of each share. Any party to the action, after giving at least ten (10) days' notice in writing to the other parties w ho have appeared therein of his intention to do so, may move the court to confi rm, change, modify, or set aside such report. SOURCE: CCP § 765. § 24416. Court May Confirm, etc., the Report; Judg ment Binding on Whom. The court may confirm, change, modify, or set aside the report, and, if necessary, appoint new referees. Upon the report be ing confirmed, judgment must be rendered that such partition be effectual f orever, which judgment is

nge, modify, or set aside the report, and, if necessary, appoint new referees. Upon the report be ing confirmed, judgment must be rendered that such partition be effectual f orever, which judgment is binding and conclusive: 1. On all persons named as parties to the action, and their legal representatives, who have at the time any interest in the property divided, or any part thereof, as owners in fee or a s tenants for life or for COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 11 years, or as entitled to the reversion, remainder, or the inheritance of such property, or any part thereof, after the deter mination of a particular estate therein, and who by any contingency may be e ntitled to a beneficial interest in the property, or who have an interest in any undivided share thereof as tenants for years or for life; 2. On all persons not in being at the time said ju dgment is entered, who have any interest in the property divided, or a ny part thereof, as entitled to the reversion, remainder, or the inheri tance of such property, or any part thereof, after the determination of a p articular estate therein, and who by any contingency may be entitled to a ben

ed to the reversion, remainder, or the inheri tance of such property, or any part thereof, after the determination of a p articular estate therein, and who by any contingency may be entitled to a ben eficial interest in the property, provided, that in case sale has been made under the provisions of this Chapter, the judgment shall prov ide for keeping intact the share of the proceeds of said sale to which sai d party or parties not in being at the time are or may be entitled until s uch time as such party or parties may take possession thereof; 3. On all persons interested in the property, who m ay be unknown, to whom notice has been given of the action for par tition by publication; 4. On all other persons claiming from such parties or persons, or any of them. And no judgment is invalidated by reason of the de ath of any party before final judgment or decree; but such judgment or decree is as conclusive against the heirs, legal representatives , or assigns of such decedent as if it had been entered before his death . If during the pendency of the action, and before final judgment therein, any of the co-tenants have con- veyed to another person his interest, or any part o f his

had been entered before his death . If during the pendency of the action, and before final judgment therein, any of the co-tenants have con- veyed to another person his interest, or any part o f his interest, such conveyance, whatever its form, shall be deemed to h ave passed to the grantee any lands which, after its execution, may h ave been set aside to the grantor in severalty, or such proportionate interes t in such lands as the interest so conveyed bears to the whole interest of the grantor. SOURCE: CCP § 766. § 24417. Judgment Not to Affect Tenants for Years to the Whole Property. The judgment does not affect tenants for years less than ten (10) to the whole of the property which is the subject of the p artition. SOURCE: CCP § 767. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 12 § 24418. Expense of Partition Must be Apportioned Among the Parties. The expenses of the referees, including those of a surveyor and his assistants, when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allo wed by the court, in its discretion, to the referees, must he apportioned eq uitably among the different parties to

ained and allowed by the court, and the amount thereof, together with the fees allo wed by the court, in its discretion, to the referees, must he apportioned eq uitably among the different parties to the action. SOURCE: CCP § 768. § 24419. A Lien on an Undivided Interest of Any Pa rty is a Charge Only on the Share Assigned to Such Party. When a lien is on an undivided interest or estate o f any of the parties, such lien, if a partition be made, shall thencefort h be a charge only on the share assigned to such party; but such share must f irst be charged with its just proportion of the costs of the partition in pr eference to such lien. SOURCE: CCP § 769. § 24420. Estate for Life or Years May be Set Off i n a Part of the Property not Sold, When Not all Sold. When a part of the property only is ordered to be s old, if there be an estate for life or years, in an undivided share of the whole property, such estate may be set off in any part of the property n ot ordered to be sold. SOURCE: CCP § 770. § 24421. Application of Proceeds of Sale of Encumb ered Property. The proceeds of the sale of encumbered property mus t be applied under the direction of the court, as follows: 1.

SOURCE: CCP § 770. § 24421. Application of Proceeds of Sale of Encumb ered Property. The proceeds of the sale of encumbered property mus t be applied under the direction of the court, as follows: 1. To pay its just proportion of the general costs of the action; 2. To pay the costs of the reference; 3. To satisfy and cancel of record the several lie ns in their order of priority, by payment of the sums due and to become due; the amount due to be verified by affidavit at the time of paym ent; 4. The residue among the owners of the property so ld, according to their respective shares therein. SOURCE: CCP § 771. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 13 § 24422. Party Holding Other Securities May be Req uired First to Exhaust Them. Whenever any party to an action, who holds a lien u pon the property or any part thereof, has other securities for the paym ent of the amount of such lien, the court may, in its discretion, order such securities to be exhausted before a distribution of the proceeds of sale, or m ay order a just deduction to be made from the amount of the lien on the property , on account thereof. SOURCE: CCP § 772. § 24423.

to be exhausted before a distribution of the proceeds of sale, or m ay order a just deduction to be made from the amount of the lien on the property , on account thereof. SOURCE: CCP § 772. § 24423. Disposition of Sale Proceeds. The proceeds of sale and the securities taken by th e referees, or any part thereof, must be distributed by them to the pe rsons entitled thereto, whenever the court so directs. But in case no direc tion be given, all of such proceeds and securities must be paid into court, or deposited therein, or as directed by the court. SOURCE: CCP § 773. § 24424. When Proceeds of Sale are Paid Into Court . When the proceeds of the sale of any share or parce l belonging to persons who are parties to the action, whether know n or unknown, are paid into the court, the action may be continued as betw een such parties for the determination of their respective claims thereto, w hich must be ascertained and adjudged by the court. Further testimony may be taken in court, and the court may, if necessary, require such parties to pr esent the facts or law in controversy, by pleadings, as in an original action . SOURCE: CCP § 774. § 24425.

estimony may be taken in court, and the court may, if necessary, require such parties to pr esent the facts or law in controversy, by pleadings, as in an original action . SOURCE: CCP § 774. § 24425. Referee's Sales May be Public or Private. All sales of real property made by referees, under this Article, must be made at public auction to the highest bidder, upon notice given in the manner required for the sale of real property on ex ecution unless in the opinion of the court it would be more beneficial to the parties interested to sell the whole or some part thereof at private sale ; the court may order or direct such real property, or any part thereof, to be sold at either public auction or private sale as the referee shall judge to be most beneficial to all parties interested. If sold at public auction, the notice must state the terms of sale and if the property or any part thereof is to be sold subject to a prior estate, charge or lien, that must be stated in the notice. If the sale is ordered made at either public auction or private sale, the sale at private sale shall be COL21020147 GCA CIVIL PROCEDURE CH.

estate, charge or lien, that must be stated in the notice. If the sale is ordered made at either public auction or private sale, the sale at private sale shall be COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 14 conducted in the manner required in private sales o f real property of estates of deceased persons. SOURCE: CCP § 775. § 24426. Court Must Direct Terms of Sale or Credit . The court must, in the order for sale, direct the t erms of credit which may be allowed for the purchase money of any portio n of the premises of which it may direct a sale on credit, and for that portion of which the purchase money is required, by the provisions herei nafter contained, to be invested for the benefit of unknown owners, infants , or parties out of Guam. SOURCE: CCP § 776. § 24427. Referees may Take Securities for Purchase Money. The referees may take separate mortgages and other securities for the whole, or convenient portions of the purchase money , of such parts of the property as are directed by the court to be sold on credit, for the shares of any known owner or full age, in the name of such ow ner; and for the shares of an infant, in the name of the guardian of

property as are directed by the court to be sold on credit, for the shares of any known owner or full age, in the name of such ow ner; and for the shares of an infant, in the name of the guardian of such i nfant; and for other shares, in the name of the Director of Administration. SOURCE: CCP § 777; Director of Finance changed to Director of Administration pursuant to P.L. 9-239. § 24428. Tenants Whose Estate has been Sold Shall Receive Compensation. The person entitled to a tenancy for life, or years , whose estate has been sold, is entitled to receive such sum as may be dee med a reasonable satisfac- tion for such estate, and which the person so entit led may consent to accept instead thereof, by an instrument in writing, filed with the clerk of the court. Upon the filing of such consent, the clerk must ent er the same in the minutes of the court. SOURCE: CCP § 778. § 24429. Court May Fix Such Compensation. If such consent be not given, filed, and entered as provided in the last section, at or before a judgment of sale is rendere d, the court must ascertain and determine what proportion of the proceeds of th e sale, after deducting expenses, will be a just and reasonable sum to

tion, at or before a judgment of sale is rendere d, the court must ascertain and determine what proportion of the proceeds of th e sale, after deducting expenses, will be a just and reasonable sum to be a llowed on account of such estate, and must order the same to be paid to such party, or deposited in court for him, as the case may require. SOURCE: CCP § 779. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 15 § 24430. Court Must Protect Unknown Tenants. If the persons entitled to such estate for life, or years, be unknown, the court must provide for the protection of their righ ts in the same manner, as far as may be, as if they were known and had appear ed. SOURCE: CCP § 780. § 24431. Securing Value of Contingent Future Right s or Estates or Life Estates. In all cases of sales, when it appears that any per son has a vested or contingent future right or estate in any of the pro perty sold, the court must ascertain and settle the proportional value of such contingent or vested right or estate, and must direct such proportion of the p roceeds of the sale to be invested, secured or paid over, in such manner as t o protect the rights and interests of the parties;

nt or vested right or estate, and must direct such proportion of the p roceeds of the sale to be invested, secured or paid over, in such manner as t o protect the rights and interests of the parties; or where property is subj ect to a life estate with remainder over, the court may direct the entire pro ceeds of the sale of such interests to be paid to a trustee to be appointed b y the court, to be invested and reinvested, the income thereof to be paid to th e life tenant and the corpus of the trust estate, upon the termination of the li fe estate, to be delivered or paid to the remaindermen as in the decree determine d; and the court shall retain jurisdiction for the settlement of the accou nts of such trustee and in all matters necessary for the proper administration of such trust and final distribution of the trust fund. SOURCE: CCP § 781. § 24432. Terms of Sale Must Be Made Known at the T ime; Lots Must be Sold Separately. In all cases of sales of property, the terms must b e made known at the time; and if the premises consist of distinct farms or lots, they must be sold separately. SOURCE: CCP § 782. § 24433. Who May Not be Purchasers.

les of property, the terms must b e made known at the time; and if the premises consist of distinct farms or lots, they must be sold separately. SOURCE: CCP § 782. § 24433. Who May Not be Purchasers. Neither of the referees, nor any person for the ben efit of either of them, can be interested in any purchase; nor can a guardi an of an infant party be interested in the purchase of any real property bei ng the subject of the action, except for the benefit of the infant. All sales con trary to the provisions of this section are void. SOURCE: CCP § 783. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 16 § 24434. Referees Must Report Sale to Court. Court may Vacate Sale. After completing a sale of property, or any part th ereof ordered to be sold, the referees must report the same to the cour t, with a description of the different parcels of land sold to each purchaser; t he name of the purchaser; the price paid or secured; the terms and conditions of the sale, and the securities, if any, taken. The report must be filed in the office of the clerk of the court. Thereafter, any purchaser, or any party to the action, may, upon ten (10) days' notice to the other parties

ecurities, if any, taken. The report must be filed in the office of the clerk of the court. Thereafter, any purchaser, or any party to the action, may, upon ten (10) days' notice to the other parties who have app eared therein, and also to the purchaser if he be not the moving party, may mo ve the court to confirm or set aside any sale or sales so reported. Upon th e hearing, the court must examine the return and report the witnesses in rela tion to the same, and if the proceedings were unfair, or the sum bid disproporti onate to the value, and if it appears that a sum exceeding such bid [by] at le ast ten percent (10%), exclusive of a new sale, may be obtained, the court may vacate the sale and direct another to be had, of which notice must be g iven, and the sale conducted in all respects as if no previous sale ha d taken place. If an offer of ten percent (10%) more in amount than that named in the return be made to the court, in writing, by a responsible party, it i s in the discretion of the court to accept such offer and confirm the sale to such p erson, or to order a new sale. SOURCE: CCP § 784. § 24435. Referees to Execute Conveyances.

esponsible party, it i s in the discretion of the court to accept such offer and confirm the sale to such p erson, or to order a new sale. SOURCE: CCP § 784. § 24435. Referees to Execute Conveyances. If the sale is confirmed by the court, and order mu st be entered directing the referees to execute conveyances and take securi ties pursuant to such sale, which they are hereby authorized to do. Such order may also give directions to them respecting the disposition of the proceeds of the sale. If the purchaser, after the confirmation of the sale, refu ses to pay the amount of his bid, the referees may again sell the property at an y time to the highest bidder, and if any loss is occasioned thereby, the referees may recover the amount of such loss and the cost from the bidder so refusing, or the referees, without making a resale, may maintain an action against the purchaser for the amount of his bid. SOURCE: CCP § 785. § 24436. Proceeding if Lienholder Becomes a Purcha ser. When a part entitled to a share of the property or an encumbrancer entitled to have his lien paid out of the sale, becomes a pu rchaser, the referees may take his receipt for so much of the proceeds of the sale as

titled to a share of the property or an encumbrancer entitled to have his lien paid out of the sale, becomes a pu rchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him. SOURCE: CCP § 786. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 17 § 24437. Conveyances Must be Recorded, and Shall b e a Bar Against Parties. The conveyance must be recorded, and shall be a bar against all persons interested in the property in any way who s hall have been named as parties in the action, and against all such parties and persons as were unknown, if the summons was served by publication, and against all persons claiming under them, or either of them, and against all persons having unrecorded deeds or liens at the commencement of th e action. SOURCE: CCP § 787. § 24438. Proceeds of Unknown Parties - How Investe d. Where there are proceeds of a sale belonging to an unknown owner, or to a person outside of Guam, who has no legal repre sentative within it, the same must be deposited in the savings account of an y bank duly licensed to do business on Guam, for the benefit of the persons entitled thereto. SOURCE: CCP § 788. § 24439.

sentative within it, the same must be deposited in the savings account of an y bank duly licensed to do business on Guam, for the benefit of the persons entitled thereto. SOURCE: CCP § 788. § 24439. Investment in Then Name of the Director o f Administration. When the security of the proceeds of sale is taken, or when an in- vestment of any such proceeds is made, it must be d one, except as herein otherwise provided, in the name of the Director of Administration as trustee, who must hold the same for the use and benefit of t he parties interested, subject to the order of the court. SOURCE: CCP § 789 as amended by P.L. 5-54. Director of Finance changed to Director of Administration pursuant to P.L. 9-239. § 24440. When Parties' Interests Ascertained, Secu rities to Be in Their Names. When security is taken by referees on a sale, and t he parties interested in such security, by an instrument in writing, unde r their hands, delivered to the referees, agree upon the shares and proportions to which they are respectively entitled, or when shares and proportio ns have been previously adjudged by the court, such securities must be take n in the names of, and payable to, the parties upon

s to which they are respectively entitled, or when shares and proportio ns have been previously adjudged by the court, such securities must be take n in the names of, and payable to, the parties upon their receipt therefor . Such agreement and receipt must be returned and filed with the clerk o f the court. SOURCE: CCP § 790. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 18 § 24441. Duties of the Director of Administration i n Making Investments. The Director of Administration in whose name a secu rity is taken, or by whom an investment is made, must receive the intere st and principal as it becomes due, and apply and invest the same as the c ourt may direct, and keep an account in a book provided and kept for tha t purpose, free for inspection by all persons, of investments and money s received by it, and the disposition thereof. SOURCE: CCP § 791; amended by P.L. 5-54. Director of Finance changed to Director of Administration pursuant to P.L. 9-239. § 24442. When Unequal Partition is Ordered, Compen sation may be Adjudged in Certain Cases. When it appears that partition cannot be made equal between the parties, according to their respective rights, with out

n Unequal Partition is Ordered, Compen sation may be Adjudged in Certain Cases. When it appears that partition cannot be made equal between the parties, according to their respective rights, with out prejudice to the rights and interests of some of them, and a partition be o rdered, the court may adjudge compensation to be made by one party to ano ther on account of the inequality; but such compensation shall not be requ ired to be made to others by owners unknown, nor by an infant, unless it appe ars that such infant has personal property sufficient for that purpose, and that his interest will be promoted thereby. And in all cases the court has po wer to make compensatory adjustment between the respective part ies, according to the ordinary principles of equity. SOURCE: CCP § 792. § 24443. Infant's Share May be Paid to Guardian. When the share of an infant is sold, the proceeds o f the sale may be paid by the referee making the sale to the general guardian, or the special guardian appointed for him in the action, upon givi ng the security required by law or directed by order of the court. SOURCE: CCP § 793. § 24444. Insane Person's Guardian May Receive That Party's Interest.

n appointed for him in the action, upon givi ng the security required by law or directed by order of the court. SOURCE: CCP § 793. § 24444. Insane Person's Guardian May Receive That Party's Interest. The guardian who may be entitled to the custody and management of the estate of an insane person, or other person adj udged incapable of conducting his own affairs, whose interest in real property has been sold, may receive on behalf of such person his share of t he proceeds of such real property from the referees on executing with suffic ient sureties an undertaking, approved by a judge of the court, that he will faithfully COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 19 discharge the trust reposed in him, and will render a true and just account to the person entitled or to his legal representative. SOURCE: CCP § 794. § 24445. Costs of Partition. The costs of partition, including reasonable counse l fees, expended by the plaintiff or any of the defendants, for the common benefit, fees of referees, and other disbursements, must be paid by the parties re spectively entitled to share in the lands divided, in proportion to their respectiv e interests therein, and

common benefit, fees of referees, and other disbursements, must be paid by the parties re spectively entitled to share in the lands divided, in proportion to their respectiv e interests therein, and may be included and specified in the judgment. In that cas e they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares, and against other property held by the resp ective parties. When, however, litigation arises between some of the part ies only, the court may require the expense of such litigation to be paid b y the parties thereto, or any of them. The fees of referees shall be at the rate of Two Dollars ($2.00) per day. SOURCE: CCP § 796. § 24446. Apportionment of Litigation Expenses. If it appears that other actions or proceedings hav e been necessarily prosecuted or defended by any one of the tenants in common for the protection, confirmation, or perfecting of the title, or settin g the boundaries, or making a survey or surveys of the estate partitioned, the co urt shall allow to the parties to the action, who have paid the expenses of such liti gation or other proceedings, all the expenses necessarily incurred therein, exce pt

he estate partitioned, the co urt shall allow to the parties to the action, who have paid the expenses of such liti gation or other proceedings, all the expenses necessarily incurred therein, exce pt counsel fees, which shall have accrued to the common benefit of the other ten ants in common, with interest thereon from the date of making the said e xpenditures, and in the same kind of money expended or paid, and the same must b e pleaded and allowed by the court, and included in the final judgment, and shall be a lien upon the share of each tenant respectively, in proportion to his i nterest, and shall be enforced in the same manner as taxable costs of partition ar e taxed and collected. SOURCE: CCP § 798. ---------- ARTICLE 5 ACTIONS AGAINST STEAMERS ,VESSELS AND BOATS § 24501. When Vessels, etc., are Liable; Their Liab ilities Constitute Liens. § 24502. Actions, How Brought. § 24503. Complaint Must be Verified. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 20 § 24504. Summons May be Served on Owners, etc., of Vessels. § 24505. Attaching Vessels, etc. § 24506. Writ When Issued. § 24507. Contents of Writ. § 24508. Execution of Writ. § 24509. Who May Defend.

§ 24504. Summons May be Served on Owners, etc., of Vessels. § 24505. Attaching Vessels, etc. § 24506. Writ When Issued. § 24507. Contents of Writ. § 24508. Execution of Writ. § 24509. Who May Defend. § 24510. Discharge of Attachment. § 24511. Additional Means of Discharge. § 24512. Sale and Application of Proceeds. § 24513. Mariners and Others may Assert their Claim s for Wages, Notwithstanding Prior Attachment; How Enforced. § 24514. Proof of the Claims. § 24515. Notice of Sale to Contain Measurement, Ton nage, etc. NOTE : There are no CCP §§ 799-812. § 24501. When Vessels, etc., are Liable; Their Lia bilities Constitute Liens. All steamers, vessels, and boats are liable: 1. For services rendered on board at the request o f, or on contract with, their respective owners, masters, agents, or consignees. 2. For supplies furnished in Guam for their use, a t the request of their respective owners, masters, agents, or con signees. 3. For work done or materials furnished in Guam fo r their construction, repair, or equipment. 4. For their wharfage and anchorage within Guam. 5. For nonperformance, or malperformance, of any c ontract for the transportation of persons or property between p

construction, repair, or equipment. 4. For their wharfage and anchorage within Guam. 5. For nonperformance, or malperformance, of any c ontract for the transportation of persons or property between p laces within Guam, made by their respective owners, masters, agents, o r consignees. 6. For injuries committed by them to persons or pr operty, in Guam. Demands for these several causes constitute liens u pon all steamers, vessels, and boats, and have priority in their orde r herein enumerated, and have preference over all other demands; but such li ens only continue in force for the period of one (1) year from the time the ca use of action accrued. SOURCE: CCP § 813. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 21 § 24502. Actions, How Brought. Actions for any of the causes specified in the prec eding section must be brought against the owners by name if known, but if not known, that fact shall be stated in the complaint, and the defendant s shall be designated as unknown owners. Other persons having a lien upon th e vessel may be made defendants to the action, the nature and amount of such lien being stated in the complaint. SOURCE: CCP § 814. § 24503.

ted as unknown owners. Other persons having a lien upon th e vessel may be made defendants to the action, the nature and amount of such lien being stated in the complaint. SOURCE: CCP § 814. § 24503. Complaint Must Be Verified. The complaint must designate the steamer, vessel, o r boat by name, and must be verified by the oath of the plaintiff or so me one on his behalf. SOURCE: CCP § 815. § 24504. Summons May be Served on Owners, etc., of Vessels. The summons and copy of the complaint must be serve d on the owners if they can be found; otherwise, they may be served on the master, mate, or person having charge of the steamer, vessel, or boa t. SOURCE: CCP § 816. § 24505. Attaching Vessels, etc. The plaintiff, at the time of issuing the summons, or at any time afterwards, may have the steamer, vessel, or boat, with its tackle, apparel, and furniture, attached as security for the satisfa ction of any judgment that may be recovered in the action. SOURCE: CCP § 817. § 24506. Writ When Issued. The clerk of the court must issue a writ of attachm ent, on the application of the plaintiff, upon receiving a writ ten undertaking on behalf of the plaintiff, executed by two or more sufficient

ued. The clerk of the court must issue a writ of attachm ent, on the application of the plaintiff, upon receiving a writ ten undertaking on behalf of the plaintiff, executed by two or more sufficient s ureties, to the effect that if the judgment be rendered in favor of the owner of t he steamer, vessel, or boat, as the case may be, he will pay all costs and damages that may be awarded against him, and all damages that may be su stained by him from the attachment, not exceeding the sum specified in the undertaking, which shall in no case be less than five hundred dollars ($500. 00) SOURCE: CCP § 818. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 22 § 24507. Contents of Writ. The writ must be directed to the Chief of Police of Guam and direct him to attach such steamer, vessel, or boat, with i ts tackle, apparel, and furniture, and keep the same in his custody until d ischarged in due course of law. SOURCE: CCP § 819. § 24508. Execution of Writ. The Chief of Police to whom the writ is directed an d delivered must execute it without delay, and must attach and keep in his custody the steamer, vessel, or boat named therein, with its ta ckle, apparel, and furniture,

o whom the writ is directed an d delivered must execute it without delay, and must attach and keep in his custody the steamer, vessel, or boat named therein, with its ta ckle, apparel, and furniture, until discharged in due course of law; but he is no t authorized by any such writ to interfere with the discharge of any merchan dise on board such steamer, vessel, or boat, or with the removal of an y trunks or other property of passengers, or of the captain, mate, seamen, ste ward, cook, or other persons employed on board. SOURCE: CCP § 820. § 24509. Who May Defend. The owner, or the master, agent, or consignee of th e steamer, vessel, or boat, may, on behalf of the owner, appear and answe r, or plead to the action; and may except to the sufficiency of the sureties o n the undertaking filed on behalf of the plaintiff, and may require sureties t o justify, as upon bail on arrest. SOURCE: CCP § 821. § 24510. Discharge of Attachment. After the attachment is levied, the owner, or the m aster, agent, or consignee of the steamer, vessel, or boat, may, in behalf of the owner, have the attachment discharged, upon giving to the Chief of Police an undertaking of at least two sufficient

m aster, agent, or consignee of the steamer, vessel, or boat, may, in behalf of the owner, have the attachment discharged, upon giving to the Chief of Police an undertaking of at least two sufficient sureties in an amount su fficient to satisfy the demand in suit, besides costs, or depositing that a mount with the Chief of Police. Upon receiving such undertaking or amount, the Chief of Police must restore to the owner, or the master, agent, or cons ignee of the owner, the steamer, vessel, or boat attached. SOURCE: CCP § 822. § 24511. Additional Means of Discharge. After the appearance in the action of the owner, th e attachment may, on motion, also be discharged in the same manner, and on like terms and COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 23 conditions, as attachments in other cases, subject to the provisions of § 24513 of this Article. SOURCE: CCP § 823. § 24512. Sale and Application of Proceeds. If the attachment be not discharged, and a judgment be recovered in the action in favor of the plaintiff, and an execution be issued thereon, the Chief of Police must sell at public auction, after public ation of notice of such sale for ten (10) days, the

ecovered in the action in favor of the plaintiff, and an execution be issued thereon, the Chief of Police must sell at public auction, after public ation of notice of such sale for ten (10) days, the steamer, vessel, or boat, wi th its tackle, apparel, and furniture, or such interest therein as may be neces sary, and must apply the proceeds of the sale as follows: 1. When the action is brought for demands other th an the wages of mariners, boatmen, and others employed in the se rvice of the steamer, vessel, or boat sold, to the payment of th e amount of such wages, as specified in the execution. 2. To the payment of the judgment and costs, inclu ding his fees. 3. He must pay any balance remaining to the owner, or to the master, agent, or consignee who may have appeared o n behalf of the owner, or if there be no appearance, then into cour t, subject to the claim of any party or parties legally entitled ther eto. SOURCE: CCP § 824. § 24513. Mariners and Others May Assert Their Clai ms for Wages, Notwithstanding Prior Attachment; How Enforced. Any mariner, boatman, or other person employed in t he service of the steamer, vessel, or boat attached, who may wish to assert his claim for

or Wages, Notwithstanding Prior Attachment; How Enforced. Any mariner, boatman, or other person employed in t he service of the steamer, vessel, or boat attached, who may wish to assert his claim for wages against the same, the attachments being issued for other demands than such wages, may file an affidavit of his claim, setting forth the amount and the particular service rendered, with the clerk of the court; and thereafter no attachment can be discharged upon filing an underta king, unless the amount of such claim, or the amount determined as provided in the next section, be covered thereby in addition to the other requiremen ts; and any execution issued against such steamer, vessel, or boat, upon judgment recovered thereafter, must direct the application of the proc eeds of any sale: 1. To the payment of the amount of such claims fil ed, or the amount determined, as provided in the next section, which amount the clerk must insert in the writ; COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 24 2. To the payment of the judgment and costs, and o fficer's fees, and must direct the payment of any balance to the o wner, master, or consignee who may have appeared

4 ACTIONS IN PARTICULAR CASES 24 2. To the payment of the judgment and costs, and o fficer's fees, and must direct the payment of any balance to the o wner, master, or consignee who may have appeared in the action; but if no appearance by them be made therein, it must direct a deposit o f the balance in court. SOURCE: CCP § 825. § 24514. Proof of the Claims of Mariners and Other s. If the claim of the mariner, boatman, or other pers on filed with the clerk of the court, as provided in the last section, be n ot contested within five (5) days after notice of the filing thereof by the owne r, master, agent, or consignee of the steamer, vessel, or boat against w hich the claim is filed, or by any creditor, it shall be deemed admitted; but i f contested, the clerk must endorse upon the affidavit thereof a statement of w hat is contested, and the grounds of the contest, and must immediately therea fter order the matter to a single referee for his determination, or he may hea r the proofs and determine the matter himself. The judgment of the clerk or re feree may be reviewed by a court in which the action is pending or a judge t hereof, immediately after the same is given, and the

ofs and determine the matter himself. The judgment of the clerk or re feree may be reviewed by a court in which the action is pending or a judge t hereof, immediately after the same is given, and the judgment of the court or judge shall be final. On the review, the court or judge may use the minutes of the proofs taken by the clerk or referee, or may take the proofs anew. SOURCE: CCP § 826. § 24515. Notice of Sale to Contain Measurement, To nnage, etc. The notice of sale published by the Chief of Police must contain a statement of the measurement and tonnage of the ste amer, vessel, or boat, and a general description of her condition. SOURCE: CCP § 827. ---------- ARTICLE 6 CONTRIBUTION AMONG JOINT TORTFEASORS § 24601. Short Title. § 24602. Right of Contribution. § 24603. Percentage Shares. § 24604. Enforcement. § 24605. Release or Covenant Not To Sue. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 25 § 24606. Determination of Good Faith of Settlement with one or more Tortfeasors; Review by Writ of Mandate. § 24607. Retroactivity. § 24601. Short Title. This Article may be cited as the Contribution Among Joint Tortfeasors Act. SOURCE: CCP § 830 added by P.L.

r more Tortfeasors; Review by Writ of Mandate. § 24607. Retroactivity. § 24601. Short Title. This Article may be cited as the Contribution Among Joint Tortfeasors Act. SOURCE: CCP § 830 added by P.L. 19-5:128, enacted 8/21/87. All sections in this Article were added by the same act and section. The refore, unless further amended, all source references will be to P.L. 19-5. § 24602. Right of Contribution. (a) Except as otherwise provided in this Article, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has no t been recovered against all or any of them. (b) The right of contribution exists only in favor of a tortfeasor who has paid more than his percentage share of the common l iability. The total recovery by the tortfeasor is limited to the amount paid by that person in excess of his percentage share. No tortfeasor is co mpelled to make contribution beyond his or her own percentage share of the entire liability. (c) There is no right of contribution in favor of any tortfeasor who has intentionally, willfully or wantonly

lled to make contribution beyond his or her own percentage share of the entire liability. (c) There is no right of contribution in favor of any tortfeasor who has intentionally, willfully or wantonly caused or cont ributed to the injury or wrongful death. (d) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortf easor whose liability for the injury or wrongful death is not extinguished by the settlement nor is the tortfeasor entitled to recover in any respect to an y amount paid on a settlement which is in excess of what was reasonabl e. (e) A liability insurer, who by payment has discha rged in full its obligation as insurer, is subrogated to the tortfea sor's right of contribution to the extent of the amount it has paid in excess of t he tortfeasor's percentage share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relatio nship. (f) This Article does not impair any right of inde mnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not cont ribution, and the

s not impair any right of inde mnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not cont ribution, and the COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 26 indemnity obligor is not entitled to contribution f rom the obligee for any portion of his or her indemnity obligation. (g) This Article shall not apply to breaches of tr ust or of other fiduciary obligations. SOURCE: CCP § 831. § 24603. Percentage Shares. In determining the percentage shares of tortfeasors in the entire liability, their relative degrees of fault shall be considered by the trier of fact. A tortfeasor entitled to contribution shall recover from each remaining tortfeasor an amount which is based on the percenta ge of causal negligence attributable to each. SOURCE: CCP § 832. § 24604. Enforcement. (a) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by a suit for contribution in the actio n or by a separate action for contribution.

ed in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by a suit for contribution in the actio n or by a separate action for contribution. (b) If there is a judgment for the injury or wrong ful death against the tortfeasor seeking contribution, any separate actio n by the tortfeasor to enforce contribution must be commenced within one y ear after the judgment has become final by lapse of time for appeal or aft er appellate review. (c) If there is no judgment for the injury or wron gful death against the tortfeasor seeking contribution, any right of contr ibution is barred unless the tortfeasor has either: 1. Discharged by payment the common liability with in the statute of limitations period applicable to the claimant's right of action against him and has commenced the action for contribution w ithin one year after payment, or 2. Agreed while the action is pending [for] the to rtfeasor to discharge the common liability and commenced the ac tion for contribution. (d) The recovery of a judgment for an injury or wr ongful death against one tortfeasor does not of itself discharge the oth er tortfeasors from liability for the

mmenced the ac tion for contribution. (d) The recovery of a judgment for an injury or wr ongful death against one tortfeasor does not of itself discharge the oth er tortfeasors from liability for the injury or wrongful death unless the judgmen t is satisfied. The satisfaction of the judgment does not impair any ri ght of contribution. COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 27 (e) The judgment of the court in determining the l iability of the several defendants to the claimants for the injury or wrong ful death shall be binding as among such defendants in determining their right to contribution. SOURCE: CCP § 833. § 24605. Release or Covenant Not To Sue. When a release or covenant not to sue or not to enf orce judgment is given in good faith to one of two or more persons l iable in tort for the same injury or the same wrongful death: 1. It does not discharge any of the other tortfea sors from liability from the injury or wrongful death unless its terms so provide, but it reduces the claim against the other to the e xtent of any amount stipulated by the release or the covenant, or in th e amount of the consideration paid for it, whichever is greater; an d

vide, but it reduces the claim against the other to the e xtent of any amount stipulated by the release or the covenant, or in th e amount of the consideration paid for it, whichever is greater; an d 2. It discharges the tortfeasor to whom it is give n from all liability for contribution to any other tortfeasor. SOURCE: CCP § 834. § 24606. Determination of Good Faith of Settlement with One or More Tortfeasors; Review by Writ of Mandate. (a) Any party to an action wherein it is alleged t hat two or more parties are joint tortfeasors shall be entitled to a hearin g on the issue of the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors, upon giving no tice at least twenty (20) days before the hearing. In addition, the notice ma y be served by mail but in those cases the period of notice shall be twenty-fi ve (25) days if the place of address is within the territory of Guam, at least t hirty (30) days if the place of address is outside of the territory of Guam within the United States, and at least forty (40) days if the place of address is ou tside the United States.

m, at least t hirty (30) days if the place of address is outside of the territory of Guam within the United States, and at least forty (40) days if the place of address is ou tside the United States. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made before the commencement of the trial of the action, or before the verdict or judgment if settlement is made after the trial has commenced. (b) The issue of the good faith of a settlement ma y be determined by the court on the basis of affidavits served with th e notice of hearing, and any counter affidavits filed in response thereto, or an y evidence at the hearing. (c) A determination by the court that the settleme nt was made in good faith shall bar any other joint tortfeasor from any further claims against the COL21020147 GCA CIVIL PROCEDURE CH. 24 ACTIONS IN PARTICULAR CASES 28 settling tortfeasor for equitable comparative contr ibution, or partial or comparative indemnity, based on comparative neglige nce or comparative fault. (d) The party asserting the lack of good faith sha ll have the burden of proof on that issue, except if the issue

tial or comparative indemnity, based on comparative neglige nce or comparative fault. (d) The party asserting the lack of good faith sha ll have the burden of proof on that issue, except if the issue is raised by a party to the settlement, in which case the burden of proof shall be on the p roponent. (e) A settlement shall be deemed in bad faith if i t is made for significantly less than the reasonable value of the claim for which it is made taking into account the likelihood of liability, as sets and insurance available to pay the claim, the cost and difficulty of pursui ng the claim, the relationship between the parties to the settlement, and such other factors as the court may deem appropriate or relevant. (f) If the court finds that a settlement was not m ade in good faith, the settlement agreement shall be of no force and effec t as to any parties not signatory to the settlement. SOURCE: CCP § 835. § 24607. Retroactivity. This Article shall apply to all actions now pending before the courts of Guam [and] to all future actions filed in the court s of Guam. SOURCE: CCP § 836. ---------- COL2102014