§ 354. In suits by aliens, time of war to be deducted. When 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 the action. [Enacted 1953.] § 355. Provision where judgment has been reversed. If an action is commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or, if he dies and the cause of action survives, his representatives, may commence a new action within one (1) year after the reversal. [Enacted 1953.] § 356. Provision where action is stayed by injunction. 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. [Enacted 1953.] § 357. Disability must exist when right of action accrued. No person can avail himself of a disability unless it existed when his right of action accrued. [Enacted 1953.] § 358. When two or more disabilities exist, etc. When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed. [Enacted 1953.] § 359. This Title not applicable to actions against directors, etc. Limitations in such cases prescribed. This Title does not affect actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed or to enforce a liability created by law; but such actions must be brought within three (3) years after the discovery, by the aggrieved party, of the facts upon which the penalty or forfeiture attached, or the liability, was created. [Enacted 1953.] § 360. Acknowledgment or new promise must be in writing. No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this Title, unless the same is contained in some writing, signed by the party to be charged thereby. [Enacted 1953.] § 361. Limitation laws of the United States and foreign countries, effect of. When a cause of action has arisen in any state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in Guam, except in favor of one who has been a citizen of Guam, and who has held the cause of action from the time it accrued. [Enacted 1953.] § 362. Existing causes of action not affected. This Title does not extend to actions already commenced, nor to cases where the time prescribed in any existing statute for acquiring a right or barring a remedy has fully run, but the laws now in force are applicable to such actions and cases, and are repealed subject to the provisions of this section. [Enacted 1953.] § 363. Word "action" construed, how. The word "action" as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. [Enacted 1953.] TITLE III Parties to Civil Actions § 368. § 369. § 370. § 372. § 367. Action to be in name of party in interest. Assignment of thing in action not to prejudice defense. Executor, trustee, etc., may sue without joining the persons beneficially interested. Married women as parties to actions. Appearance of infant, etc., by guardian; may compromise. § 374. § 375. § 376. Unmarried female may sue for her own seduction. § 377. § 378. § 379. § 379a. Parents; injuries to child; failure of one parent to join as plaintiff; service on parent not joining; illegitimate child; ward; parties defendant; death of defendant, child or ward; damages; consolidation of injury and death action. Wrongful death of adults or certain minors; action by personal representatives; death of wrongdoer; damages; consolidation of actions. Who may be joined as plaintiffs. Who may be joined as defendants. § 379b. Order preventing embarrassment. § 379c. Doubt as to defendant liable. § 382. § 383. § 384. § 385. § 386. § 387. § 388. § 389. Parties in interest, when to be joined. When one or more may sue or defend for the whole. Persons severally liable as sureties may join as plaintiffs in action Tenants in common, etc., may sever in bringing or defending actions. Defendant in action upon contract or specific personal property may Intervention, when and how made. Associates may be sued by name of association. Court may order amended pleadings, when. § 367. Action to be in name of party in interest. Every action must be prosecuted in the name of the real party in interest, except as provided in § 369 of this Code. [Enacted 1953.] [EDITOR'S NOTE: See Rule 17, FRCP.] § 368. 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 set-off, 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. [Enacted 1953.] § 369. Executor, trustee, etc., may sue without joining the persons beneficially interested. An executor or administrator, or trustee of an express trust, or a person expressly authorized by law, may sue without joining with him the persons for whose benefit the action is prosecuted. A person with whom, or in whose name, a contract is made for the benefit of another, is a trustee of an express trust within the meaning of this section. [Enacted 1953.] § 370. Married women as parties to actions. A married woman may be sued without her husband being joined as a party, and may sue without her husband 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, or concerning her right or claim to the homestead property. [Enacted 1953.] § 371. Wife may defend, when. If a husband and wife be sued together, the wife may defend for her own right, and if the husband neglect to defend, she may defend for his right also. [Enacted 1953.] § 372. Appearance of infant, etc., by guardian; may compromise. When an infant, or an insane or incompetent person is a party, he must appear either by his general guardian or by a guardian ad litem appointed by the court in which the action is pending, in each case. A guardian ad litem may be appointed in any case, when it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expedient to represent the infant, insane, or incompetent person in the action or proceeding, notwithstanding he may have a general guardian and may have appeared by him. The general guardian or guardian ad litem so appearing for any infant or insane or incompetent person in any suit shall have power to compromise the same and to agree to the judgment to be entered therein for or against his ward, subject to the approval of the court in which such suit is pending. [Enacted 1953.] § 373. Guardian, how appointed. When a guardian ad litem is appointed by the court, he must be appointed as follows: 1. When the infant is plaintiff, upon the application of the infant, if he be of the age of fourteen (14) years, or if under that age, upon the application of a relative or friend of the infant. 2. When the infant is defendant, upon the application of the infant, if he be of the age of fourteen (14) years, and apply within ten (10) days after the service of the summons, or if under that age, or if he neglect so to apply, upon the application of a relative or friend of the infant, or of any other party to the action. 3. When an insane or incompetent person is a party to an action or proceeding, upon the application of a relative or friend of such insane or incompetent person, or of any other party to the action or proceeding. [Enacted 1953.] § 374. Unmarried female may sue for her own seduction. An unmarried female may prosecute, as plaintiff, an action for her own seduction, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor. [Enacted 1953.] § 375. Father, etc., may sue for seduction of daughter, etc. A father, or, in case of his death or desertion of his family, the mother, may prosecute as plaintiff for the seduction of the daughter, and the guardian for the seduction of the ward, though the daughter or ward be not living with or in the service of the plaintiff at the time of the seduction or afterwards, and there be no loss of service. [Enacted 1953.] § 376. Parents; injuries to child; failure of one parent to join as plaintiff; service on parent not joining; illegitimate child; ward; parties defendant; death of defendant, child or ward; damages; consolidation of injury and death action. The parents of an illegitimate unmarried minor child, acting jointly, may maintain an action for injury to such child caused by the wrongful act or neglect of another. If either parent shall fail on demand to join as plaintiff in such action or is dead or cannot be found, then the other parent may maintain such action and the parent, if living, who does not join as plaintiff must be joined as a defendant and, before trial or hearing of any question of fact, must be served with summons either personally or by sending a copy of the summons and complaint by registered mail with proper postage prepaid addressed to such parent's last known address with request for a return receipt. If service is made by registered mail the production of a return receipt purporting to be signed by the addressee shall create a disputable presumption that such summons and complaint have been duly served. In the absence of personal service or service by registered mail, as above provided, service may be made as provided in §§ 412 and 413 of this Code. The respective rights of the parents to any award shall be determined by the court. A mother may maintain an action for such an injury to her illegitimate unmarried minor child. A guardian may maintain an action for such an injury to his ward. Any such action may be maintained against the person causing the injury, or if such person be dead, then against his personal representatives. If any other person is responsible for any such wrongful act or neglect, the action may also be maintained against such other person, or his personal representatives in case of his death. The death of the child or ward shall not abate the parents' or guardians' cause of action for his injury as to damages accruing before his death. In every action under this section, such damages may be given as under all of the circumstances of the case may be just; provided, that in any action maintained after the death of the child or ward, damages recoverable hereunder shall not include damages for pain, suffering, or disfigurement nor punitive or ex |