(5) when the defendant is a nonresident of the Canal Zonein either subdivision; (6) when a person has contracted to perform an obligation at a particular place, and resides in the other subdivision-in the subdivision in which the obligation is to be performed, or in which he resides; and the subdivision in which the obligation is incurred is deemed to be the subdivision in which it is to be performed, unless there is a special contract in writing to the contrary; (7) when the parties voluntarily appear and plead without summons-in either subdivision; (8) in all other cases-in the subdivision in which the defendant resides. § 204. Change of venue in magistrates' courts (a) At any time a magistrate may change the place of trial in a civil action to another magistrate's court if: (1) he is disqualified from acting for any cause; (2) the action is brought in the wrong subdivision; or (3) in his opinion, the transfer is necessary in the interest of justice. (b) After an order has been made, transferring the action for trial to another magistrate's court: (1) the magistrate ordering the transfer shall immediately transmit to the magistrate of the court to which it is transferred, on payment by the party applying of all the costs that have accrued, all the papers in the action, together with a certified transcript from his docket of the proceedings therein; (2) upon the receipt by him of the papers, the magistrate to whom the case is transferred has thereafter the same jurisdiction over the action as though it had been commenced in his court. (c) In lieu of changing the place of trial under this section, a magistrate who is disqualified may request another magistrate to act for him as provided by section 83 of this title. Subchapter V-Venue of Criminal Actions § 231. Venue of offenses in magistrates' courts The jurisdiction of an offense triable in the magistrates' courts is in the subdivision where the offense was committed. § 232. Change of venue in criminal actions in magistrates' courts (a) Upon motion of the defendant in a criminal action, or with the written consent of the defendant, a magistrate who is disqualified may transfer the proceeding to the other subdivision. In lieu of such a transfer, the magistrate may request another magistrate to act for him as provided by section 83 of this title. (b) Upon motion of the defendant, a magistrate shall transfer the proceeding to the other subdivision if it appears that the offense was committed in both subdivisions and if the magistrate is satisfied that in the interest of justice the proceeding should be transferred to another subdivision. (c) Upon motion of the prosecution and with the written consent of the defendant, a magistrate shall transfer the proceeding to another subdivision if it appears that such a transfer will be for the convenience of the prosecution and of the defendant. (d) When a transfer is ordered the magistrate shall transmit to the magistrate of the subdivision to which the proceeding is transferred all papers in the proceeding or duplicates thereof and any bail taken, and the prosecution shall continue in that subdivision. § 233. Transfer of custody of defendant in district and magis trates' courts If the defendant is in custody, an order of the district court or a magistrate for transfer of a criminal action shall direct his removal and he shall be forthwith removed by the jailer or warden where he is imprisoned to the custody of the jailer or warden of the division. or subdivision to which the action is transferred. Bec. CHAPTER 7-GENERAL PROVISIONS RESPECTING COURTS AND JUDICIAL OFFICERS 271. Proceedings to be public; exceptions; impounding records in certain cases. 272. Powers of courts in conduct of proceedings. 273. Powers of judicial officers in conduct of proceedings. 274. Powers of judicial officers to punish for contempt. 275. Disqualification of judge or magistrates. 276. Practice of law by partner of judge or magistrate. 277. Review of orders made out of court. 278. Proceedings in English language. 279. Means to carry jurisdiction into effect. § 271. Proceedings to be public; exceptions; impounding records in certain cases (a) Except as otherwise provided by this subsection, section 1637 (b) of Title 5, and section 36 (c) of Title 8, the sittings of every court of justice shall be public. In an action for divorce or in a civil action for seduction the court may direct the trial of an issue of fact joined therein to be private, and may exclude all persons except the officers of the court, the parties, their witnesses, and counsel. Witnesses may be excluded in any action as provided by section 2683 of Title 5. (b) Section 451 of Title 2 does not prevent a court from impounding its files and records in a case, or any part of them, and denying inspection of them to persons other than the parties in the case or the attorneys therein, whenever the court determines, in the exercise of a sound discretion, that justice or the public interest requires. § 272. Powers of courts in conduct of proceedings Every court has power to: (1) preserve and enforce order in its immediate presence; (2) enforce order in the proceedings before it or a person empowered to conduct a judicial investigation under its authority; (3) provide for the orderly conduct of proceedings before it or its officers: (4) compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in an action or proceeding pending therein; (5) control, in furtherance of justice, the conduct of its ministerial officers and all other persons in any manner connected with a judicial proceeding before it, in every matter appertaining thereto; (6) compel the attendance of persons to testify in an action or proceeding pending therein, in the cases and manner provided by law; (7) administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties; and (8) amend and control its process and orders so as to make them conformable to law and justice. § 273. Powers of judicial officers in conduct of proceedings Every judicial officer has the power to: (1) preserve and enforce order in his immediate presence, and in proceedings before him, when he is engaged in the performance of official duty; (2) compel obedience to his lawful orders; (3) compel the attendance of persons to testify in a proceeding before him, in the cases and manner provided by law; (4) administer oaths to persons in a proceeding pending before him, and in all other cases where it may be necessary in the exercise of his powers and duties. § 274. Powers of judicial officers to punish for contempt For the effectual exercise of the powers conferred by section 273 of this title, a judicial officer may punish for contempt in the cases provided by law. § 275. Disqualification of judge or magistrates (a) The disqualification of the district judge and magistrates for bias or prejudice or interest are governed by sections 144 and 455 of Title 28, United States Code, except that an affidavit pursuant to section 144 thereof shall be filed at least one day before the day set for trial of the action, or good cause shall be shown for failure to file it within that time. (b) If the district judge is disqualified, the special district judge shall act for him as provided by section 6 of this title. (c) If a magistrate is disqualified, another magistrate shall act for him as provided by section 83 of this title, or the action shall be transferred to another subdivision as provided by section 204 of this title in a civil action or section 232 of this title in a criminal action. § 276. Practice of law by partner of judge or magistrate A judge or magistrate may not have a partner acting as attorney or counsel in any court of the Canal Zone. § 277. Review of orders made out of court An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made. § 278. Proceedings in English language Every proceeding in a court of justice in the Canal Zone shall be conducted and preserved in the English language. § 279. Means to carry jurisdiction into effect When jurisdiction is conferred on a court or judicial officer by this Code or by any other statute, all the means necessary to carry it into effect are also given. In the exercise of this jurisdiction, if the course of proceeding is not specifically prescribed by this Code, by the statute, or by applicable rule of the Supreme Court of the United States or other governing rule, any suitable process or mode of proceeding may be adopted, by rule or by a ruling in the particular case, which appears most conformable to the spirit of this Code and in the furtherance of justice. Sec. CHAPTER 9-FEES AND COSTS SUBCHAPTER I-FEES AND COSTS GENERALLY 321. Each party responsible for his costs; advance payment of fees. 322. Proceedings in forma pauperis. 323. Governmental exemption from fees. SUBCHAPTER II-FEES 341. Collection and disposition of fees generally. 342. Fees of clerk of district court in civil actions. 343. Fees of clerk of district court in probate and guardianship matters. 344. Other fees of clerk of district court. 345. Fees of marshal and other persons serving district court process. 346. Fees for attempts to serve process. 347. Fees of magistrates' courts in civil actions. 348. Other fees of magistrates. 349. Fees on appeals from magistrates' courts to district court. 350. Jury fee. 351. Fees fixed by rules of court. SUBCHAPTER III-COSTS 371. Costs allowed in district court. 372. Taxation of costs in district court. 373. Party entitled to costs in magistrate's court. 374. Costs allowed in magistrate's court. 375. Taxation of costs in magistrate's court. 376. Costs on continuance. 377. Costs on dismissal for want of jurisdiction. 378. Costs in criminal actions in district court. SUBCHAPTER IV—SECURITY FOR COSTS 391. Requirement of security for costs. 392. Form of security; new or additional undertaking. 393. Governmental exemptions. 394. Security by intervener or counterclaimant. 395. Costs secured by attachment or other bond. Subchapter I-Fees and Costs Generally § 321. Each party responsible for his costs; advance payment of fees Each party to a civil action instituted in the district court or a magistrate's court shall be responsible for the costs incurred by him in the action. The marshal, constable, or other officer authorized to execute any process in civil actions, may not execute the same until the fees allowed by law for the service of the process are paid by the party seeking the process, unless the party is entitled to prosecute the action in forma pauperis, as provided by section 322 of this title. § 322. Proceedings in forma pauperis A person entitled to commence an action in a court in the Canal Zone may commence and prosecute or defend it to conclusion without being required to prepay fees or costs or give security therefor, before or after bringing the action, upon filing in the court a statement, under oath, in writing, that because of his poverty he is unable to pay the costs of the action, or to give security for costs, and that he believes that he is entitled to the redress he seeks by the action, and setting forth the nature of the cause of action. The opposing party in the action, the clerk of the district court, or his deputy, or the magistrate, as the case may be, may contest the inability of the party to pay costs or his inability to furnish security for costs; and the contest shall be heard at such time as the court or magistrate determines. If a contest is not made upon the affidavit, or if it is admitted by the court or magistrate after the contest, the officers of the court thereafter shall issue and serve all processes and perform all duties on behalf of the party as in other cases. § 323. Governmental exemption from fees The United States, any agency thereof, or any officer thereof who sues or is sued in his official capacity, is liable for fees for the bringing or defending of an action only when the liability is expressly provided for by Act of Congress. Subchapter II-Fees § 341. Collection and disposition of fees generally (a) The clerk of the district court, commissioners appointed by the district court, the United States marshal, magistrates, constables, other officers referred to by this chapter, and their assistants and deputies, may demand and receive only the fees prescribed by law. (b) All fees collected by officers drawing a salary or compensation from the Government, other than fees collected by the clerk of the district court, the United States marshal, and the district court reporter, shall be paid over to the Canal Zone Government. § 342. Fees of clerk of district court in civil actions (a) Upon the filing of the complaint in a civil action in the district court, the plaintiff shall deposit with the clerk of the district court the following docket fee: (1) civil action generally. (2) habeas corpus, certiorari, prohibition, or other special $8.00 3.00 (b) Upon the filing of a motion to intervene, an intervener shall deposit $5. (c) The fees deposited under this section are full compensation for all services of the clerk in the action, except fees for furnishing copies of papers and records, and commissions for care of funds deposited in the registry of the court as provided by section 415 of Title 5. § 343. Fees of clerk of district court in probate and guardianship matters (a) The fees for the services of the clerk of the district court in probate and guardianship matters shall be computed according to the value of the estate as follows: (1) not over $1,000--- (2) over $1,000 and not over $5,000--- $5.00 10.00 15.00 25.00 (b) The fees provided by this section are full compensation for all services of the clerk in the proceedings, except fees for furnishing copies of papers or records. (c) Where the estate is small and the circumstances warrant, the judge of the district court may waive the payment of any fee to the clerk for services in the proceedings. § 344. Other fees of clerk of district court The clerk of the district court shall collect the following fees: (1) certified copy of any paper, record, decree, judgment, or entry, for each page of 250 words or fraction thereof, (A) first copy- $0.65 (B) carbon copy- .30 (2) copy of records for transmission to United States Court of Appeals, for each page of 250 words or fraction thereof__ (3) photographic reproduction and certification of any record or paper, per page-- .65 .50 |