§ 14. Seal defined. When the seal of a court, public officer, or person is required by law to be affixed to any paper, the word "seal" includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. [Enacted 1953.]

§ 15. Joint authority. Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the act giving the authority. [Enacted 1953.]

§ 16. Words and phrases. Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition. [Enacted 1953.]

§ 17. Words and terms defined; signification of words. Words used in this Code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as a natural person; writing includes printing and typewriting; oath includes affirmation or declaration; and every mode of oral statement, under oath or affirmation, is embraced by the term "testify," and every written one in the term "depose"; signature or subscription includes mark, when the person cannot write, his name being written near it by a person who writes his own name as a witness; provided that when a signature is by mark it must, in order that the same may be acknowledged or may serve as the signature to any sworn statement, be witnessed by two (2) persons who must subscribe their own names as witnesses thereto. The following words have in this Code the signification attached to them in this section, unless otherwise apparent from the context:

1. The word "property" includes both real and personal property;

2. The words "real property" are coextensive with lands, tenements, and hereditaments;

3. The words "personal property" include money, goods, chattels, things in action, and evidences of debt;

4. The word "month" means a calendar month, unless otherwise expressed;

5. The word "will" includes codicil;

6. The word "writ" signifies an order or precept in writing, issued in the name of the government, or of a court or judicial officer; and the word "process" a writ or summons issued in the course of judicial proceedings;

7. The word "section" [or symbol §] whenever hereinafter employed, refers to a section in this Code, unless some other Code or statute is expressly mentioned;

8. The word "affinity" when applied to the marriage relation, signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other. [Enacted 1953, bracketed words added by Editor.]

§ 18. Laws, etc., inconsistent with Code repealed. No law, or rule is continued in force because it is consistent with the provisions of this Code on the same subject; but in all cases provided for by this Code, all laws, and rules heretofore in force in this territory, whether consistent or not with the provisions of this Code, unless expressly continued in force by it, are repealed and abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this Code provided; nor does it affect any private law not expressly repealed. [Enacted 1953.]

§ 19. This Code, how cited, enumerated, etc. This Code, whenever cited, enumerated, referred to, or amended, may be designated simply as "The Code of Civil Procedure," adding, when necessary, the number of the section. [Enacted 1953.]

§ 20. Judicial remedies defined. "Judicial remedies" are such as are administered by the courts of justice, or by judicial officers empowered for that purpose by the Governor of Guam. [Enacted 1953.]

§ 21. Division of judicial remedies. These remedies are divided into two classes:

1. Actions; and,

2. Special proceedings. [Enacted 1953.]

§ 22. Action defined. An "action" is an ordinary proceeding in a court of justice by which one party prosecutes

another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. [Enacted 1953.]

§ 23. Special proceeding defined. Every other remedy is a "special proceeding." [Enacted 1953.]

§ 24. Division of actions. Actions are of two kinds:

1. Civil, and,

2. Criminal. [Enacted 1953.]

§ 25. Civil actions arise out of obligations or injuries. A civil action arises out of:

1. An obligation;

2. An injury. [Enacted 1953.]

§ 26. Obligation defined. An "obligation" is a legal duty, by which one person is bound to do or not to do a certain thing, and arises from:

1. Contract; or,

2. Operation of law. [Enacted 1953.]

§ 27. Division of injuries. An injury is of two kinds: 1. To the person; and,

2. To property. [Enacted 1953.]

§ 28. Injuries to property. An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it. [Enacted 1953.]

§ 29. Injuries to the person. Every other injury is an injury to the person. [Enacted 1953.]

§ 30. Civil action, by whom prosecuted. A civil action is prosecuted by one party against another for the enforcement or protection of a right, or the redress or prevention of a wrong. [Enacted 1953.]

§ 31. Criminal actions. The Penal Code defines and provides for the prosecution of a criminal action. [Enacted 1953.]

§ 32. Civil and criminal remedies not merged. When the violation of a right admits of both a civil and criminal

remedy, the right to prosecute the one is not merged in the other. [Enacted 1953.]

PART I

Courts of Justice

Title I. Organization and Jurisdiction.

II. Judicial Officers.

III.

IV.

Persons Specially Invested with Powers of a Judicial
Nature.

Ministerial Officers of the Courts of Justice.
V. Juvenile Court.

§ 51. Courts of justice in general. The courts of justice of the Territory of Guam consist of the District Court of Guam, the Island Court, the Police Court, and the Commissioner's Courts. The District Court of Guam and the Island Court are courts of record. The Police Court and the Commissioner's Courts are courts not of record. [Enacted 1953.]

$ 52. Ecclesiastical tribunals abolished. All ecclesiastical jurisdiction and tribunals are abolished. All laws or parts of laws which give precedence, privilege, or immunity of any kind to ecclesiastical, or other officials or agents of any church or religion are abrogated and the legal status of such persons shall be that of private citizens without public functions or authority. All cases of which ecclesiastical courts or tribunals have had jurisdiction shall be tried in the District Court of Guam or the Island Court, as the case may be. [Enacted 1953.]

CHAPTER II

District Court

§ 61. § 62.

§ 62a.

Composition.

Original jurisdiction.

Same: absence of Judge of District Court.

Court claims of the government of Guam (Repealed).

Appellate jurisdiction.

§ 62.1.

§ 63.

§ 64.

Powers on appeal.

§ 61. Composition. The District Court of Guam consists of the judge appointed for the court by the President and of any judge or judges assigned to the court by the Chief Justice of the United States pursuant to § 24(a) of the Organic Act of Guam. [48 USCA 1424b]. [Enacted 1953; reference to Organic Act of Guam amended by Editor.]

§ 62. Original jurisdiction. Under § 22(a) of the Organic Act of Guam [48 USCA 1424] the District Court of Guam has the original jurisdiction of a district court of the United States in all causes arising under the laws of the United States and has original jurisdiction in all other causes in Guam except those over which original jurisdiction has been transferred to and vested in the Island Court by § 82 of this Title. If it appears that an action or proceeding brought in the District Court is actually within the jurisdiction of the Island Court, the District. Court shall transfer it to the Island Court for hearing and determination. [Enacted 1953.] [U.S. Code reference added by Editor.] [Palacios v. Gov. of Guam (1963) 325 F.2d 543.]