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§ 44. Actions on accounts

For the purposes of section 42 of this title:

(1) "Book account" means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or a fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by the creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (A) in a bound book, or (B) on a sheet or sheets fastened in a book or to backing but detachable therefrom, or (C) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner.

(2) Where an account stated is based upon an account of one item, the cause of action accrues from the date of said item, and where an account stated is based upon an account of more than one item, the cause of action accrues from the date of the last item.

(3) In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action accrues from the time of the last item proved in the account on either side.

§ 45.

No limitation; action to recover bank deposits; effect of insolvency

There is no limitation to actions brought to recover money or other property deposited with a bank, banker, trust company, building and loan association, or savings and loan society.

This section does not apply to banks, bankers, trust companies, building and loan associations, and savings and loan societies which have become insolvent and are in process of liquidation and in such cases the statute of limitations shall be deemed to have commenced to run from the beginning of the process of liquidation. This section does not relieve a stockholder of a banking corporation or trust company from the stockholder's liability provided by law.

Subchapter II-Computation of Time; Tolling of Statute of Limitations

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An action is commenced, within the meaning of this chapter, when the complaint is filed.

§ 72. Absence from Canal Zone

If, when the cause of action accrues against a person, he is absent from the Canal Zone, the term herein limited does not begin to run until his return to the Canal Zone. If, after the cause of action accrues against a person, he departs from the Canal Zone, the time of his absence is not part of the time limited for the commencement of the action.

§ 73. Persons under disabilities

If a person entitled to bring an action is at the time the cause of action accrues:

(1) under the age of majority; or

(2) mentally incompetent; or

(3) imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than for life; or (4) a married woman, and her husband is a necessary party with her in commencing the action

the time of the disability is not a part of the time limited for the commencement of the action.

§ 74. Death before expiration of limitation period

If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representatives, after the expiration of that time, and within six months from his death.

If a person against whon: an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, 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.

§ 75. Alien enemies in time of war

If a person is an alien subject or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of an action. § 76. New action after reversal of judgment

If an action is commenced within the time prescribed therefor, and a judgment therein for the plaintiff is reversed on appeal, the plaintiff, or, if he dies and the cause of action survives, his representatives, may commence a new action within one year after the reversal.

877. Commencement stayed by injunction or statute

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.

§ 78. Time of existence of disability

A person may not avail himself of a disability unless it existed at the time his right of action accrued.

§ 79. Two or more disabilities

When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed.

§ 80. Acknowledgment or promise; payment on account

(a) An acknowledgment or promise is not sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this chapter, unless it is contained in a writing, signed by the party to be charged thereby.

(b) Notwithstanding subsection (a) of this section, a payment on account of principal or interest due on a promissory note made by the party to be charged is a sufficient acknowledgment or promise of a continuing contract to stop, from time to time as the payment is made, the running of the time within which an action may be commenced upon the principal sum or upon an installment of principal or interest due on the note, and to start the running of a new period of time, but such a payment of itself does not revive a cause of action once barred. § 81. Limitation laws of other jurisdictions

When a cause of action has arisen in a State of the United States, or in a foreign country, and by the laws thereof an action thereon may not there be maintained against a person by reason of the lapse of time, an action thereon may not be maintained against him in the Canal Zone, except in favor of one who has been a resident of the Zone, and who has held the cause of action from the time it accrued.

Bec.

CHAPTER 5-PARTIES

121. Assignment of thing in action not to prejudice defense.

122. Married woman as party.

123. Defense by married woman.

124. Seduction; action by unmarried female.

125. Same; action by parents.

126. Actions for wrongful death.

127. Substitution of parties.

128. Actions by or against associates under common name; service; judgment. 129. Suing party by fictitious name.

130. Interpleader.

§ 121. Assignment of thing in action not to prejudice defense

In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any setoff or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before maturity.

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A married woman may be sued without her husband's being joined as a party, and may sue without her husband's being joined as a party in all actions, including those for injury to her person, libel, slander, false imprisonment, or malicious prosecution, or for the recovery of her earnings.

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If a husband and wife are sued together, the wife may defend for her own right, and if the husband neglects to defend, she may defend for his right also.

§ 124.

Seduction; action by unmarried female

An unmarried female may maintain, as plaintiff, an action for her own seduction occurring at a time when she was below the age of 21 years or when she was incapable of giving legal consent through temporary or permanent unsoundness of mind, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor.

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(a) An action for the seduction of an unmarried female occurring at a time when she was below the age of 21 years or when she was incapable of giving legal consent through temporary or permanent unsoundness of mind may be maintained by:

(1) the parent entitled to the services and earnings of the female; or

(2) if both parents are equally entitled to the services and earnings, the father, or upon his failure to act, the mother; or

(3) if the female is illegitimate, the mother.

(b) In an action brought pursuant to this section every element of damages to either parent may be recovered. The action may be maintained even though the child is not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there is no loss of service.

§ 126. Actions for wrongful death

(a) Whenever, by an injury done or happening within the Canal Zone, the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect or default is such as will, if death does not ensue, entitle the person injured, or if the person injured is a married woman, entitle her or her husband,

either individually or jointly, to maitain an action and recover damages, the person who or corporation which is liable if death does not ensue is liable to an action for damages, notwithstanding the death of the person injured, and even though the death is caused under circumstances which constitute a felony.

(b) An action pursuant to this section shall be brought by and in the name of the personal representatives and within one year after the death of the deceased person. This section does not preclude assignment under section 26 of the Federal Employees' Compensation Act (5 U.S.C., sec. 776), by beneficiaries under that Act or their legal representatives, of causes of action created by this section.

(c) An action may not be maintained pursuant to this section if the person suffering injury and death, or any person for him, has recovered damages on account of the injury.

(d) In an action pursuant to this section the court or jury shall award such damages as it deems to be a fair and just compensation assessed with reference to the pecuniary injury, resulting from the death, to the surviving spouse and the children of the deceased, and if there is neither a surviving spouse nor child, then to the parents of the deceased, and if there is no parent, then to the brothers and sisters and other blood relatives dependent upon the deceased for support.

(e) Damages recovered in an action pursuant to this section shall be for the exclusive benefit of the surviving spouse and other persons enumerated by subsection (d) of this section, and shall be distributed to them, in the order named in that subsection, according to the laws in force in the Canal Zone applicable to the distribution of estates.

(f) This section does not authorize a suit against the United States nor modify or repeal any other law.

§ 127. Substitution of parties

An action or proceeding does not abate by the death or disability of a party, or by the transfer of an interest therein, if the cause of action survives or continues. The substitution of parties is governed by Rule 25 of the Federal Rules of Civil Procedure, including the time limitations specified in that rule.

§ 128. Actions by or against associates under common name; service; judgment

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When two or more persons, associated in a business, transact the business under a common name, whether it comprises their names or not, the associates may sue or be sued by the common name. actions against the associates, the summons may be served on one or more of the associates; and the judgment binds the joint property of all the associates, and the individual property of the party or parties served with process, in the same manner as if all had been named defendants and had been sued upon their joint liability. § 129. Suing party by fictitious name

When the plaintiff is ignorant of the name of a defendant, he shall state that fact in the complaint, and the defendant may be designated in a pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly.

§ 130. Interpleader

If a plaintiff or defendant makes a claim for interpleader pursuant to Rule 22 of the Federal Rules of Civil Procedure and deposits with the court the money or thing which is the subject of the claim as provided by Rule 67 of the Federal Rules of Civil Procedure, the court may make an order discharging him from liability to any of the conflicting claimants.

CHAPTER 7-COMMENCEMENT OF ACTIONS; SERVICE OF PROCESS

Sec.

161. Service on infant or incompetent person.

162. Service by publication; actions in which authorized.

163. Same; manner of publication; service outside Canal Zone.

164. Same; personal judgment.

165. Same; default judgment.

166. Relief from judgment; defendant not personally served. 167. Proof of service.

168. When jurisdiction acquired; voluntary appearance.

169. Failure to serve all defendants.

170. Service on nonresident motorists and absent motorists.

§ 161. Service on infant or incompetent person

(a) Service upon an infant is made by delivering a copy of the summons and of the complaint to him personally; and if he is under the age of 14 years and resides within the Canal Zone also to his father, mother, or guardian, or if there is none within the Canal Zone then to any person having the care or control of the infant, or with whom he resides, or in whose service he is employed.

(b) Service upon an incompetent person is made by delivering a copy of the summons and of the complaint to him personally; and if he resides within the Canal Zone and has been judicially declared to be incapable of conducting his own affairs and a guardian has been appointed for him, also to his guardian.

§ 162. Service by publication; actions in which authorized

The court may order that service be made by the publication of the summons when:

(1) it appears by affidavit to the satisfaction of the court that the person on whom service is to be made:

(A) resides out of the Canal Zone; or

(B) has departed from the Zone; or

(C) after due diligence cannot be found within the Zone; or (D) conceals himself to avoid the service of summons; or (E) is a corporation having no officer or other person upon whom summons may be served who, after due diligence, can be found within the Zone; and

(2) it also appears by affidavit, or by the verified complaint on file, that:

(A) a cause of action exists against the defendant upon whom service is to be made, or that he is a necessary or proper party to the action; or

(B) it is an action which relates to or the subject of which is real or personal property in the Zone, in which the defendant person or corporation has or claims a lien or interest, actual or contingent, or in which the relief demanded consists wholly or in part in excluding the person or corporation from any interest therein.

§ 163. Same; manner of publication; service outside Canal Zone (a) The court by its order for publication shall prescribe the form of the summons to be published, which shall include a brief statement of the relief demanded.

(b) The court shall direct the publication to be made in such newspaper or newspapers designated by the court 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. The last publication against a defendant residing out of the Canal Zone, or absent therefrom, may not be less than 40 days before the day on which the defendant is required to appear.

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