Page images

a conveyance of real property, when the construction is doubtful and there are no other sufficient circumstances to determine it.

1. Where there are certain definite and ascertained particulars in the description, the addition of others which are indefinite, unknown, or false, does not frustrate the conveyance, but it is to be construed by the first mentioned particulars.

2. When permanent and visible or ascertained boundaries or monuments are inconsistent with the measurement, either of lines, angles, or surfaces, the boundaries or monuments are paramount.

3. Between different measurements which are inconsistent with each other, that of angles is paramount to that of surfaces, and that of lines paramount to both.

4. When a road, or stream of water not navigable is the boundary, the right of the grantor to the middle of the road or the thread of the stream are included in the conveyance, except where the road or thread of the stream is held under another title.

5. When tidewater is the boundary, the rights of the grantor to ordinary high-water mark are included in the conveyance.

6. When the description refers to a map, and that reference is inconsistent with other particulars, it controls them if it appears that the parties acted with reference to the map; otherwise the map is subordinate to other definite and ascertained particulars. [Enacted 1953.]

§ 2078. Compromise offer of no avail. An offer of compromise is not an admission that anything is due. [Enacted 1953.]

§ 2079. In action for divorce, admission not sufficient. In an action for divorce on the ground of adultery, a confession of adultery, whether in or out of the pleadings, is not of itself sufficient to justify a judgment of divorce. [Enacted 1953.]


Proceedings to Perpetuate Testimony

§ 2084. § 2085.

§ 2083. Evidence may be perpetuated. Manner of application for order. Taking depositions.

§ 2086.

Manner, etc.

Papers prima facie evidence.

§ 2087.

§ 2088. When used.

§ 2089. Effect of the deposition.

§ 2083. Evidence may be perpetuated. The testimony of a witness may be taken and perpetuated as provided in this Chapter. [Enacted 1953.]

§ 2084. Manner of application for order. The applicant must produce to a judge of the District Court a petition, verified by the oath of the applicant, stating:

1. That the applicant expects to be a party to an action in a court of Guam, and, in such case, the names of the persons whom he expects will be adverse parties; or,

2. That the proof of some fact is necessary to perfect the title to 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 suit may at the time be anticipated, or, if anticipated, he may not know the parties to such suit; and,

3. The name of the witness to be examined, his place of residence, and a general outline of the facts expected to be proved. The judge to whom such petition is presented must make an order allowing the examination, and designate himself or another judge or the clerk of the court before whom the same must be taken, and prescribe the notice to be given, which notice, if the parties expectant are known and reside in Guam, must be personally served. [Enacted 1953.]

§ 2085. Taking depositions. The judge or the person appointed by the judge to take the depositions is authorized, on receiving a copy of the order of the judge, and of the notice prescribed in the last section, with proof of its personal service, to take the depositions of the witness named in the order of the judge, or if more than one witness is thus named, of such of them as appear before him, at the time designated, and the taking of the same may be continued from time to time. [Enacted 1953.]

§ 2086. Manner, etc. The examination must be by question and answer. The deposition, when completed, must be carefully read to and subscribed by the witness, then certified by the officer or person taking the same, and shall then be sealed up and delivered to the clerk of the court, who shall file the same when received. The judge allowing the examination shall file with the clerk of the court the order for the examination, the petition on which the same was granted, with proof of service of the order and notice. [Enacted 1953.]

§ 2087. Papers prima facie evidence. The petition and order, and papers filed by the judge, as provided in § 2086, or a certified copy thereof, are prima facie evidence of the facts stated therein to show compliance with the provisions of this Chapter. [Enacted 1953.]

§ 2088. When used. 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 depositions prove, or tend to prove, upon proof of the death, or insanity of the witnesses, or that they cannot be found, or are unable, by reason of age or other infirmity, to give their testimony, the depositions or copies thereof may be used by either party, subject to all legal objections; but if the parties attended at the examination, no objection to the form of an interrogatory can be made at the trial, unless the same was stated at the examination. [Enacted 1953.]

§ 2089. Effect of the deposition. The deposition so taken and read in evidence has the same effect as the oral testimony of the witness, and no other, and every objection to the witness, or to the relevancy of any question put to him, or of any answer given by him, may be made in the same manner as if he were examined orally at the trial. [Enacted 1953.]


Administration of Oaths and Affirmations

§ 2093.

§ 2094. Form of witness' oath.

§ 2095. § 2096.

Judicial and certain officers authorized to administer oaths.

Form may be varied to suit witness' belief.


§ 2097. Any person who prefers it may declare or affirm. § 2098. Certificate of Governor of Guam when necessary.

§ 2093. Judicial and certain officers authorized to administer oaths. Every court, every judge, or clerk of any court, every justice, and every notary public, and every officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, has power to administer oaths or affirmations.

§ 2094. Form of witness' oath. An oath or affirmation, in an action or proceeding, may be administered as follows; the person who swears or affirms expressing his assent when addressed in the following form:

You do solemnly swear (or affirm, as the case may be) that the evidence you shall give in this issue (or matter), pending between...... and.............

shall be the truth, the whole truth, and nothing but the truth, so help you God. [Enacted 1953.]

§ 2095. Form may be varied to suit witness' belief. Whenever the court before which a person is offered as a witness is satisfied that he has a peculiar mode of swearing connected with or in addition to the usual form of administration, which, in his opinion, is more solemn or obligatory, the court may, in its discretion, adopt that mode. [Enacted 1953.]

§ 2096. Same. When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the peculiar ceremonies of his religion, if there be any such. [Enacted 1953.]

§ 2097. Any person who prefers it may declare or affirm. Any person who desires it, may, at his option, instead of taking an oath, make his solemn affirmation or declaration by assenting, when addressed, in the following form: "You do solemnly affirm (or declare) that," etc., as in § 2094. [Enacted 1953.]

§ 2098. Certificate of Governor of Guam when necessary. A certificate of the Governor of Guam or the acting governor is necessary to acknowledgment and execution of deeds or other instruments in the cases provided in § 2039 of this Code. [Enacted 1953.]


General Provisions

§ 2101. Questions of fact, how tried.

§ 2102. Questions of law addressed to the court.

§ 2101. Questions of fact, how tried. All questions of fact, on a trial before a judge, referee, or other officer are to be decided by the judge, referee, or other officer, and all evidence thereon is to be addressed to them. [Enacted 1953.]

§ 2102. Questions of law addressed to the court. All questions of law, including the admissibility of testimony, the facts preliminary to such admission, and the construction of laws and other writings, and other rules of evidence, are to be decided by the court, and all discussion of law addressed to it. [Enacted 1953.]

« PreviousContinue »