(a) When any money is deposited with the clerk of any court pursuant to any action or proceeding in such court, or pursuant to any order, decree or judgment of the court, and to which the government of Guam is to have title, or when any money is to be paid to the Treasurer of Guam pursuant to any provision of this Title, such money shall be forthwith deposited with such Treasurer and the duplicate receipt of the Treasurer thereof shall be filed with the Director of Administration and evidence of such duplicate receipt that has been so filed shall be necessary before the clerk or party required to deposit such money shall be entitled to a discharge of the obligation imposed upon him or her to make such deposit. When any money so deposited is to be withdrawn or paid out, the order directing such payment or withdrawal shall require the Director of Administration to draw his or her warrant therefor and the Treasurer to pay the same, subject to the approval of I Maga’hågan/Maga’låhen Guåhan of such warrant.
COL 2025-08-27
(b) Whenever any funds are deposited with the clerk of a court pursuant to any action or proceeding in such court, or pursuant to any order, decree or judgment of such court, and the title to the money does not rest in the government of Guam, the procedure set forth in §§ 21605, 21606, and 21607 of this Title shall be followed. (c) This section shall not be deemed to repeal or affect in any way § 5311 of this Title dealing with fees payable to the Guam Law Library, nor with any other law which specifically allocates fees to any other source. 2025 NOTE: Subsection designations added pursuant to the authority of 1 GCA § 1606. Reference in subsection (a) to the “Governor of Guam” replaced with I Maga’hågan/Maga’låhen Guåhan pursuant to 5 GCA § 1510. References in subsection (b) to sections “672, 673 and 674 of the Code of Civil Procedure” replaced with the provisions codified in the GCA. Reference in subsection (c) to “Territorial” replaced with “Guam” pursuant to 1 GCA § 420. 1985 SOURCE: CCP § 188 as modified. 1985 COMMENT: This Section is retained from the former Civil Procedure Code with the additional paragraph making reference to fees payable to the Territorial Law Library. The Territorial Law Library was created well after the adoption of this Section (25 years after) and one must assume that any reference to fees in the Territorial Law Library Act would supersede this Section. Since this Section is being re-enacted as part of a separate Title to a new Code, it is thought appropriate to add the proviso so that this Section, as re-enacted, will not affect or supersede the intent of P.L. 14-155. This section should not affect the recently passed law dealing with the Judiciary Building Fund.