Title 7 — Judiciary and Civil Procedure

When the share of an infant is sold, the proceeds of the sale may be paid by the referee making the sale to the general guardian, or the special guardian appointed for him in the action, upon giving the security required by law or directed by order of the court. SOURCE: CCP § 793…

The guardian who may be entitled to the custody and management of the estate of an insane person, or other person adjudged incapable of conducting his own affairs, whose interest in real property has been sold, may receive on behalf of such person his share of the proceeds of suc…

The costs of partition, including reasonable counsel fees, expended by the plaintiff or any of the defendants, for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in the lands divided, in proportion to thei…

If it appears that other actions or proceedings have been necessarily prosecuted or defended by any one of the tenants in common for the protection, confirmation, or perfecting of the title, or setting the boundaries, or making a survey or surveys of the estate partitioned, the c…

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, maste…

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. SOURCE: CCP § 816.

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. SOURCE: CCP § 817.

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 sufficient sureties, to the effect that if the judgment be rendered in favor of the owner of the s…

The writ must be directed to the Chief of Police 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. SOURCE: CCP § 819.

The Chief of Police 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 authoriz…

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 t…

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 Chief of Police an undertaking of at least two sufficient sureties in an amount sufficien…

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 COL2102014 conditions, as attachments in other cases, subject to the provisions of § 24513 of this Article. SOURCE: CCP § 823.

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 Chief of Police must sell at public auction, after publication of notice of such sale for ten (10) days, the steamer, vessel, or boat,…

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…

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 whi…

The notice of sale published by the Chief of Police must contain a statement of the measurement and tonnage of the steamer, vessel, or boat, and a general description of her condition. SOURCE: CCP § 827. ---------- ARTICLE 6 CONTRIBUTION AMONG JOINT TORTFEASORS

This Article may be cited as the Contribution Among Joint Tortfeasors Act. SOURCE: CCP § 830 added by P.L. 19-5:128, enacted 8/21/87. All sections in this Article were added by the same act and section. Therefore, unless further amended, all source references will be to P.L. 19-5…

(a) Except as otherwise provided in this Article, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered…

In determining the percentage shares of tortfeasors in the entire liability, their relative degrees of fault shall be considered by the trier of fact. A tortfeasor entitled to contribution shall recover from each remaining tortfeasor an amount which is based on the percentage of …

(a) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by a suit for contribution in the action or by a separate action for contribution. (b) If there is a judgment for the inju…

When a release or covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death: 1. It does not discharge any of the other tortfeasors from liability from the injury or wrongful de…

Tortfeasors; Review by Writ of Mandate. (a) Any party to an action wherein it is alleged that two or more parties are joint tortfeasors shall be entitled to a hearing on the issue of the issue of the good faith of a settlement entered into by the plaintiff or other claimant and o…

This Article shall apply to all actions now pending before the courts of Guam [and] to all future actions filed in the courts of Guam. SOURCE: CCP § 836. ---------- COL2102014