§ 1517. Further duties of court and officials in the responding state. (a) The Island Attorney shall on his own initiative use all means at his disposal to trace the defendant or his property and if, due to inaccuracies of the complainant or otherwise, the court cannot obtain jurisdiction, the Island Attorney shall request the court to continue the case pending the receipt of more accurate information or an amended complaint from the court in the initiating state.

(b) If the defendant or his property is not found within the territory and the Island Attorney discovers that the defendant or his property may be found in any state he shall so inform the court and thereupon the Clerk of the Court shall forward the documents from the Island Court to a court in such state or to the information agency or other proper official of such state with a request that it forward the documents to the proper court. Upon the receipt by the Island Court of documents from any state which is not the initiating state, the Island Court and the Island Attorney shall have the same powers and duties under this Act as if the documents had been originally addressed to them. When the Clerk of the Island Court retransmits documents to a court in another state, he shall notify forthwith the court from which the documents came.

(c) If the Island Attorney has no information as to the whereabouts of the obligor or his property, he shall so inform the initiating court. [Added by P.L. 2-82, effective July 8, 1954; amended by P.L. 5-24, effective March 17, 1959.]

§ 1518.

Procedure. Procedure. In any proceeding under this law, the court may order interrogatories or depositions to be taken within or without the state, pursuant to the provisions of law applicable to a court of record. [Added by P.L. 2-82, effective July 8, 1954.]

§ 1519. Hearing and determination. If the complainant is absent from the responding state and the defendant presents evidence which constitutes a defense, the court shall continue the case for further hearing and the submission of evidence by both parties. [Added by P.L. 5-24, effective March 17, 1959.]

§ 1520. Evidence of husband and wife. Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this Act. Husband and wife are competent witnesses to testify to

any relevant matter, including marriage and parentage. [Added by P.L. 2-82, effective July 8, 1954.]

§ 1521. Rules of evidence. In any hearing under this law, the court shall not be bound by the same rules of evidence that bind said court in dealing with other cases that come regularly before it. [Added by P.L. 2-82, effective July 8, 1954.]

§ 1522. Order of support. If the court of the responding state finds a duty of support, it may order the defendant to furnish support or reimbursement therefor and subject the property of the defendant to such order. [Added by P.L. 2-82, effective July 8, 1954.]

§ 1523. Responding state to transmit copies to initiating state. The court of this state when acting as a responding state shall cause to be transmitted to the court of the initiating state a copy of all orders of support or for reimbursement therefor. [Added by P.L. 2-82, effective July 8, 1954.]

§ 1524. Additional powers of court. In addition to the foregoing powers, the court of this state when acting as the responding state has the power to subject the defendant to such terms and conditions as the court may deem proper to assure compliance with its orders and in particular:

(a) To require the defendant to furnish recognizance in the form of a cash deposit or bond of such character and in such amount as the court may deem proper to assure payment of any amount required to be paid by the defendant.

(b) To require the defendant to make payments at specified intervals to the clerk of the court and to report personally to such clerk at such times as may be deemed necessary.

(c) To punish the defendant who shall violate any order of the court to the same extent as is provided by law for contempt of the court in any other suit or proceeding cognizable by the court. [Added by P.L. 2-82, effective July 8, 1954.]

§ 1525. Additional duties of the court of this state when acting as a responding state. The court of this state when acting as a responding state shall have the following duties which may be carried out through the clerk of the court:

(a) Upon the receipt of a payment made by the defendant pursuant to any order of the court or otherwise, to transmit the same forthwith to the court of the initiating state, and

(b) Upon request, to furnish to the court of the initiating state a certified statement of all payments made by the defendant. [Added by P.L. 2-82, effective July 8, 1954.]

§ 1526. Proceedings not to be stayed. No proceeding under this Act shall be stayed because of the existence of a pending action for divorce, separation, annulment, dissolution, habeas corpus or custody proceedings. [Added by P.L. 5-24, effective March 17, 1959.]

§ 1527. Additional duty of the court of this state when acting as an initiating state. The court of this state when acting as an initiating state shall have the duty which may be carried out through the clerk of the court to receive and disburse forthwith all payments made by the defendant or transmitted by the court of the responding state. [Added by P.L. 2-82, effective July 8, 1954.]

§ 1528. Application of payments. Any order of support issued by a court of this state when acting as a responding state shall not supersede any previous order of support issued in a divorce or separate maintenance action, but the amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both. [Added by P.L. 2-82, effective July 8, 1954.]

§ 1529. Effect of participation in proceeding. Participation in any proceedings under this Act shall not confer upon any court jurisdiction of any of the parties thereto in any other proceeding. [Added by P.L. 2-82, effective July 8, 1954.]

§ 1530. Severability. If any provision hereof or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. [Added by P.L. 2-82, effective July 8, 1954.]

§ 1531. Short Title. This Title may be cited as the "Uniform Reciprocal Enforcement of Support Act." [Added by P.L. 5-24, effective March 17, 1959.]

[NOTE: $$ 1520-1525 and 1527-1530 renumbered from former §§ 1519-1524 and 1525-1528 respectively, by P.L. 5-24, effective March 17, 1959.]

§ 1822.

§ 1822a.

§ 1822b.

TITLE XI

Estates of Missing Persons

Estates of missing persons; petition for trustee of.
Bond of trustee.

Powers and duties of trustee.

§ 1822c. Sale of property; procedure; court order.

§ 1822. Estates of missing persons; petition for trustee of. Whenever any resident of the Territory of Guam, who owns or is entitled to the possession of any real or personal property situated therein, is missing, or his whereabouts unknown, for ninety (90) days, and a verified petition is presented to the Island Court by his wife or any of his family or friends, representing that his whereabouts have been, for such time, and still are unknown, and that his estate requires attention, supervision, and care of ownership, the court must order such petition to be filed, and appoint a day for its hearing, not less than ten (10) days from the date of the order. The clerk of the court must thereupon publish, for at least ten (10) days prior to the day so appointed, a notice on the public bulletin boards in Agana, stating that such petition will be heard at the courtroom of the court at the time appointed for the hearing. The court may direct further notice of the application to be given in such manner and to such persons as it may deem proper. At the time so fixed for such hearing, or at any subsequent time to which the hearing may be postponed, the court must hear the petition and the evidence offered in support of or in opposition thereto, and, if satisfied that the allegations thereof are true, and that such person remains missing, and his whereabouts unknown, must appoint some suitable person to take charge and possession of such estate, and manage and control it under the direction of the court. In appointing a trustee, the court must prefer the wife of the missing person (if any such there is), or her nominee, and, in the absence of a wife, some person, if such there is who is willing to act, entitled to participate in the distribution of the missing person's estate, were he dead. [Enacted 1953.]

§ 1822a. Bond of trustee. Every person appointed under the provisions of the preceding section must give bond in the amount determined by the judge of the Island Court, conditioned that the trustee shall faithfully execute the duties of the trust according to law. [Enacted 1953.]

§ 1822b. Powers and duties of trustee. The trustee must take possession of the real and personal estate in Guam of such missing person, and collect and receive the rents, income, and proceeds thereof, collect all indebtedness owing to him, and pay the expenses thereof out of the trust funds, and pay such indebtedness of the missing person as may be authorized by the court. The court may direct the trustee to pay to the person or persons constituting the family of the missing person such sum or sums of money for family expenses and support from the income of the estate as it may, from time to time, determine. The trustee must, from time to time, when directed by the court, account to and with it for all his acts as trustee, and the court may, at any time, upon good cause shown, remove any trustee, and appoint another in his place. [Enacted 1953.]

§ 1822c. Sale of property; procedure; court order. The trustee may sell any or all of the personal or real property of the missing person when it is considered by the court as being to the best interest of the estate and all parties concerned, including the heirs at law or legatees, and for that purpose shall file a petition with the court asking for an order directing and authorizing said sale. This petition shall be set for hearing not sooner than ten (10) days after the filing of said petition and notice thereof shall be given by the clerk of the court by posting a notice at the place where the court is held. Notice shall also be given to each of the persons who would be heirs at law of the missing person if he were dead, and if it appears that such missing person left a will, then like notice to each legatee mentioned therein, at their respective places of address. If the address of any such person is unknown, said notice may be by publication.

On the day of hearing the petition, proof shall be offered in behalf thereof showing the reasons for the making of said sale, and if the court finds that it will be for the best interests of all persons concerned in the estate of said missing person to have said sale made, it shall order the trustee to sell any or all said property, real, personal or both in the manner provided for sales of property of deceased persons, and all the provisions of law regarding such sales shall govern the sales of property of missing persons under this section, including the provisions concerning confirmation of the sales by the court; provided however, that any such sale of real property shall not take place before the expiration of eight (8) months from the date of the appointment and qualification of the trustee. [Enacted 1953.]