Sale and application of proceeds. § 825. § 826. Mariners and others may assert their claims for wages, notwithstanding prior attachment; how enforced. Proof of the claims of mariners and others. § 827. Notice of sale to contain measurement, tonnage, etc. § 813. When vessels, etc., are liable; their liabilities constitute liens. All steamers, vessels, and boats are liable: 1. For services rendered on board at the request of, or on contract with, their respective owners, masters, agents, or consignees. 2. For supplies furnished in Guam for their use, at the request of their respective owners, masters, agents, or consignees. 3. For work done or materials furnished in Guam for their construction, repair, or equipment. 4. For their wharfage and anchorage within Guam. 5. For nonperformance, or malperformance, of any contract for the transportation of persons or property between places within Guam, made by their respective owners, masters, agents, or consignees. 6. For injuries committed by them to persons or property, in Guam. Demands for these several causes constitute liens upon all steamers, vessels, and boats, and have priority in their order herein enumerated, and have preference over all other demands; but such liens only continue in force for the period of one (1) year from the time the cause of action accrued. [Enacted 1953.] § 814. Actions, how brought. Actions for any of the causes specified in the preceding 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 defendants shall be designated as unknown owners. Other persons having a lien upon the vessel may be made defendants to the action, the nature and amount of such lien being stated in the complaint. [Enacted 1953.] § 815. Complaint must be verified. The complaint must designate the steamer, vessel, or boat by name, and must be verified by the oath of the plaintiff or some one on his behalf. [Enacted 1953.] § 816. Summons may be served on owners, etc., of vessels. The summons and copy of the complaint must be served 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 boat. [Enacted 1953.] § 817. 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 satisfaction of any judgment that may be recovered in the action. [Enacted 1953.] § 818. Writ when issued. The clerk of the court must issue a writ of attachment, on the application of the plaintiff, upon receiving a written undertaking on behalf of the plaintiff, executed by two or more suffcient sureties, to the effect that if the judgment be rendered in favor of the owner of the 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 sustained 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). [Enacted 1953.] § 819. Contents of. The writ must be directed to the Director of Public Safety of Guam and direct him to attach such steamer, vessel, or boat, with its tackle, apparel, and furniture, and keep the same in his custody until discharged in due course of law. [Enacted 1953.] § 820. Execution of. The Director of Public Safety to whom the writ is directed and delivered must execute it without delay, and must attach and keep in his custody the steamer, vessel, or boat named therein, with its tackle, apparel, and furniture, until discharged in due course of law; but he is not authorized by any such writ to interfere with the discharge of any merchandise on board such steamer, vessel, or boat, or with the removal of any trunks or other property of passengers, or of the captain, mate, seamen, steward, cook, or other persons employed on board. [Enacted 1953.] § 821. Who may defend. The owner, or the master, agent, or consignee of the steamer, vessel, or boat, may, on behalf of the owner, appear and answer, or plead to the action; and may except to the sufficiency of the sureties on the undertaking filed on behalf of the plaintiff, and may require sureties to justify, as upon bail on arrest. [Enacted 1953.] § 822. Discharge of attachment. After the attachment is levied, the owner, or the master, agent, or consignee of the steamer, vessel, or boat, may, in behalf of the owner, have the attachment discharged, upon giving to the Director of Public Safety an undertaking of at least two sufficient sureties in an amount sufficient to satisfy the demand in suit, besides costs, or depositing that amount with the Director of Public Safety. Upon receiving such undertaking or amount, the Director of Public Safety must restore to the owner, or the master, agent, or consignee of the owner, the steamer, vessel, or boat attached. [Enacted 1953.] § 823. Same. After the appearance in the action of the owner, the attachment may, on motion, also be discharged in the same manner, and on like terms and conditions, as attachments in other cases, subject to the provisions of § 825. [Enacted 1953.] § 824. 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 Director of Public Safety must sell at public auction, after publication of notice of such sale for ten (10) days, the steamer, vessel, or boat, with its tackle, apparel, and furniture, or such interest therein as may be necessary, and must apply the proceeds of the sale as follows: 1. When the action is brought for demands other than the wages of mariners, boatmen, and others employed in the service of the steamer, vessel, or boat sold, to the payment of the amount of such wages, as specified in the execution. 2. To the payment of the judgment and costs, including his fees. 3. He must pay any balance remaining to the owner, or to the master, agent, or consignee who may have appeared on behalf of the owner, or if there be no appearance, then into court, subject to the claim of any party or parties legally entitled thereto. [Enacted 1953.] § 825. Mariners and others may assert their claims for wages, notwithstanding prior attachment; how enforced. Any mariner, boatman, or other person employed in the 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 undertaking, unless the amount of such claim, or the amount determined as provided in the next section, be covered thereby in addition to the other requirements; and any execution issued against such steamer, vessel, or boat, upon judgment recovered thereafter, must direct the application of the proceeds of any sale: 1. To the payment of the amount of such claims filed, or the amount determined, as provided in the next section, which amount the clerk must insert in the writ: 2. To the payment of the judgment and costs, and officer's fees, and must direct the payment of any balance to the owner, master, or consignee who may have appeared in the action; but if no appearance by them be made therein, it must direct a deposit of the balance in court. [Enacted 1953.] § 826. Proof of the claims of mariners and others. If the claim of the mariner, boatman, or other person filed with the clerk of the court, as provided in the last section, be not contested within five (5) days after notice of the filing thereof by the owner, master, agent, or consignee of the steamer, vessel, or boat against which the claim is filed, or by any creditor, it shall be deemed admitted; but if contested, the clerk must endorse upon the affidavit thereof a statement that it is contested, and the grounds of the contest, and must immediately thereafter order the matter to a single referee for his determination, or he may hear the proofs and determine the matter himself. The judgment of the clerk or referee may be reviewed by a court in which the action is pending or a judge thereof, 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. [Enacted 1953.] § 827. Notice of sale to contain measurement, tonnage, etc. The notice of sale published by the Director of Public Safety must contain a statement of the measurement and tonnage of the steamer, vessel, or boat, and a general description of her condition. [Enacted 1953.] TITLE XII Appeals in Civil Actions Chapter I. Appeals in General. II. Appeals to the District Court. § 937. § 938. Orders made out of court, without notice, may be reviewed by the judge. § 939. Time when appeal may be taken; if proceedings for new trial are pending. § 942. § 944. Stay of execution on appeal; stay bond, when may be required. § 948. Lower courts to give effect to orders of District Court. § 949. Remedial powers of the District Court. § 936. Judgment and orders may be reviewed. A judgment, order, or decree in a civil action, except when expressly made final by this Code, may be reviewed as prescribed in this Title. [Enacted 1953.] [See Corn v. Guam Coral (1963) 318 F.2d. 622.] § 937. Orders made out of court, without notice, may be reviewed by the judge. 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. [Enacted 1953.] § 938. Party aggrieved may appeal. Names of parties. Any party aggrieved may appeal in the cases prescribed in this Title. The party appealing is known as the appellant, and the adverse party as the respondent. [Enacted 1953.] § 939. Time when appeal may be taken; if proceedings for new trial are pending. An appeal may be taken from any judgment or order of the Island Court from which an appeal lies under any provision of this Code, within ten (10) days from the entry of said judgment or order. No appeal, however, shall be dismissed on the ground that it was taken after the rendition |