receipt was refused, and an affidavit by or on behalf of the plaintiff that notice of the mailing or refusal was forthwith sent to the defendant by ordinary mail. If notice of service is mailed to a foreign country, other official proof of delivery of the mail may be filed in case the postal authorities are unable to obtain a return receipt. The foregoing papers shall be filed within 30 days after the return receipt, other official proof of delivery, or original envelope bearing a notation of refusal is received by the plaintiff. Service of process is complete 10 days after such papers are filed. The return receipt or other official proof of delivery shall constitute presumptive evidence that the notice mailed was received by the defendant or a person qualified to receive his registered or certified mail; and the notation of refusal shall constitute presumptive evidence that the refusal was by the defendant or his agent. (e) In lieu of the mailing required by subsection (d) of this section, a notice of service on the executive secretary of the Canal Zone Government and a copy of the summons and complaint may be served on the defendant personally outside the Canal Zone. The service may be made by a resident of the Canal Zone not interested in the action, by a duly constituted public officer qualified to serve like process in the place where the service is made, by an attorney at law duly qualified to practice in the state or country where the service is made, or by a United States marshal or his deputy. Proof of personal service outside the Canal Zone shall be filed with the court within 30 days after the service, and service of process is complete 10 days after proof thereof is filed." (f) The court may order necessary continuances to afford the defendant reasonable opportunity to defend the action. (g) The executive secretary shall keep a record of all process served upon him under this section and the record shall show the day and hour of service. (h) This section also applies to a resident who departs from the Canal Zone subsequent to the accident or collision and remains absent therefrom for 30 days continuously, whether the absence is intended to be temporary or permanent, and to his executor or administrator. § 201. Statute of limitations, how pleaded In pleading the statute of limitations it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of section[giving the number of the section and subdivision thereof, if it is so divided, relied upon] of the title. If the allegation is controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred. § 202. Counterclaim not barred by death or assignment When cross demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other. 8 203. Libel and slander; complaint In an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it is sufficient to state, generally, that it was published or spoken concerning the plaintiff. If the allegation is controverted, the plaintiff must establish on the trial that it was so published or spoken. § 204. Same; answer In the actions specified by section 203 of this title the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances to reduce the amount of damages; and whether he proves the justification or not, he may give in evidence the mitigating circumstances. Sec. CHAPTER 11-PROVISIONAL REMEDIES SUBCHAPTER I-CIVIL ARREST AND BAIL 241. Restriction on civil arrest. 242. Grounds for arrest. 243. Affidavit to obtain order. 244. Security by plaintiff. 245. Time order made; form. 246. Delivery of order and affidavit to marshal and defendant. 247. Arrest and custody of defendant. 248. Discharge on bail or deposit. 249. Giving of bail. 250. Surrender of defendant. 251. Arrest by bail; exoneration and liability of bail. 252. Enforcement of liability of bail. 253. Exoneration of bail. 254. Return of marshal; filing of undertaking; acceptance or rejection of ball. 255. Notice of justification of bail; new undertaking. 256. Qualifications of bail. 257. Justification of bail. 258. Allowance of bail; exoneration of marshal. 259. Cash deposit in lieu of bail. 260. Payment of deposit into court. 261. Substitution of bail for deposit. 262. Disposition of deposit. 263. Liability of marshal as bail. 264. Proceedings on judgment against marshal. 265. Vacation of order of arrest; reduction of bail. SUBCHAPTER II-CLAIM AND DELIVERY OF PERSONAL PROPERTY 291. Claim for delivery. 292. Affidavit; contents. 293. Requisition to marshal to take property. 294. Undertaking by plaintiff; taking of property; service on defendant. 295. Exception to plaintiff's sureties; justification. 296. Undertaking by defendant for return of property. 297. Exception to defendant's sureties; justification. 298. Qualifications of sureties. 299. Property concealed in building or inclosure. 300. Keeping and delivery of property; fees and expenses. 301. Claims by third persons. 302. Filing and return by marshal. 303. Order protecting plaintiff in possession. 304. Affidavit stating incorrect value; judgment against officer or sureties. SUBCHAPTER III—INJUNCTIONS 321. Injunction defined; grant and enforcement. 322. Grounds for grant or denial of injunction. SUBCHAPTER IV-ATTACHMENT Sec. 341. Actions in which authorized. 342. Affidavit for attachment. 343. Undertaking on attachment; exceptions to sureties. 344. Direction and command of writ; more than one defendant. 345. Property subject to attachment; sale to satisfy judgment. 346. Method of attaching real and personal property; garnishment. 347. Attachment lien on real property. 348. Garnishment; notice to garnishee. 349. Same; liability of garnishee. 350. Same; examination of garnishee and defendant; order for delivery or memorandum of property. 351. Marshal's return; inventory; memorandum of garnishee. 352. Perishable property; custody of other property; collection of debts and credits. 353. Sale of attached property. 354. Claims by third persons. 355. Satisfaction of judgment. 356. Collection of balance due; return of surplus. 357. Plaintiff's remedies if execution is unsatisfied. 358. Judgment for defendant; discharge of attachment. 359. Discharge of attachment on defendant's undertaking. 360. Requirements for defendant's undertaking. 361. Discharge of attachment irregularly issued. 362. Return of writ; filing order releasing attachment. 363. Release of real property from attachment. 364. Attachment of interest in decedent's estate. SUBCHAPTER V-RECEIVERS 381. Appointment of receivers generally. 382. Appointment of receivers upon dissolution of corporations. 385. Powers of receivers. 386. Investment of funds. 387. Unclaimed funds in receiver's hands. SUBCHAPTER VI-DEPOSITS IN COURT; HANDLING OF FUNDS BY CLERK 411. Order for deposit of money or property or delivery to another party. 412. Enforcement of order. 413. Money deposited in registry of court. 414. Deposit of sums over $200 in depositary; disbursements; records. 415. Maintenance of general deposit account; interest; commission; deposit of funds. 416. Designation of depositaries. 417. Deputy clerks and acting clerks. 418. Disposition of unclaimed funds by clerk. Subchapter I-Civil Arrest and Bail § 241. Restriction on civil arrest A person may not be arrested in a civil action, except as prescribed in this Code. § 242. Grounds for arrest The defendant may be arrested: (1) in an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the Canal Zone with intent to defraud his creditors; (2) in an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted to his own use, by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity; or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty; (3) in an action to recover the possession of personal property unjustly detained, when the property, or a part thereof, has been concealed, removed, or disposed of, to prevent its being found or taken by the marshal; (4) when the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or in concealing or disposing of the property for the taking, detention, or conversion, of which the action is brought; or (5) when the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors. § 243. Affidavit to obtain order An order for the arrest of the defendant may be made when it appears to the court, by the affidavit of the plaintiff, or other person, that a sufficient cause of action exists, and that the case is one of those specified by section 242 of this title. The affidavit shall be either upon personal knowledge or upon information and belief; and when upon information and belief, it shall state the facts upon which the information and belief are founded. If an order of arrest is made, the affidavit shall be filed with the clerk of the court. § 244. Security by plaintiff Before making an order of arrest, the court shall require a written undertaking on the part of the plaintiff, with sureties in an amount to be fixed by the court, which must be at least $500, to the effect that the plaintiff will pay all costs which may be adjudged to the defendant, and all damages which he may sustain by reason of the arrest, if the arrest is wrongful or without sufficient cause, not exceeding the sum specified in the undertaking. The undertaking shall be filed with the clerk of the court. § 245. Time order made; form An order of arrest may be made at the time of the issuing of the summons, or at any time afterwards before judgment. The order shall require the marshal forthwith to arrest the defendant and hold him to bail in a specified sum, and to return the order at a time therein mentioned, to the clerk of the court. § 246. Delivery of order and affidavit to marshal and defendant The order of arrest, with a copy of affidavit upon which it is made, shall be delivered to the marshal, who, upon arresting the defendant, shall deliver to him a copy of the affidavit, and also, if desired, a copy of the order of arrest. 8 247. Arrest and custody of defendant The marshal shall execute the order of arrest by arresting the defendant and keeping him in custody until discharged by law. § 248. Discharge on bail or deposit The defendant, at any time before execution, shall be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in the order of arrest. § 249. Giving of bail The defendant may give bail by causing a written undertaking to be executed by two or more sufficient sureties, to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant will at all times render himself amenable to the process of the court, during the pendency of the action, and to such as may be issued to enforce the judgment therein, or that they will pay to the plaintiff the amount of any judgment which may be recovered in the action. § 250. Surrender of defendant At any time before judgment, or within 10 days thereafter, the bail may surrender the defendant in their exoneration; or he may surrender himself to the marshal. § 251. Arrest by bail; exoneration and liability of bail For the purpose of surrendering the defendant, the bail, at any time or place before they are finally charged, may themselves arrest him, or, by a written authority indorsed on a certified copy of the undertaking, may empower the marshal to do so. Upon the arrest of defendant by the marshal, or upon his delivery to the marshal by the bail, or upon his own surrender, the bail are exonerated, if the arrest, delivery, or surrender takes place before the expiration of 10 days after judgment; but if the arrest, delivery, or surrender is not made within 10 days after judgment, the bail are finally charged on their undertaking, and bound to pay the amount of the judgment within 10 days thereafter. § 252. Enforcement of liability of bail If the bail neglect or refuse to pay the judgment within 10 days after they are finally charged, the court may, on motion made as provided by section 438 of Title 3, enter judgment against the bail for the amount of the original judgment. § 253. Exoneration of bail The bail are exonerated by the death of the defendant or his imprisonment in jail or in the penitentiary, or by his legal discharge from the obligation to render himself amenable to the process. § 254. Return of marshal; filing of undertaking; acceptance or rejection of bail Within the time limited for that purpose, the marshal shall file the order of arrest in the office of the clerk of the court in which the action is pending, with his return indorsed thereon, together with a copy of the undertaking of the bail. He shall retain in his possession the original undertaking until filed, as herein provided. If the plaintiff, within 10 days thereafter, does not serve upon the marshal a notice that he does not accept the bail, he is deemed to have accepted them, and the marshal is exonerated from liability. If a notice is not served within 10 days, the original undertaking shall be filed with the clerk of the court. § 255. Notice of justification of bail; new undertaking Within five days after the receipt of notice, the marshal or defendant may give to the plaintiff or his attorney notice of the justification of the same, or other bail, specifying the places of residence and occupations of the latter, before the judge or clerk of the court, at a specified time and place; the time to be not less than five nor more than 10 days thereafter, except by consent of the parties. If other bail is given, there must be a new undertaking. § 256. Qualifications of bail The qualifications of bail are as follows: (1) each must be a resident of the Canal Zone; and (2) each must be worth the amount specified in the order of arrest, or the amount to which the order is reduced, as provided in this subchapter, over and above all his debts and liabilities, exclusive of property exempt from execution; but the judge or clerk, on justification, may allow more than two sureties to justify severally, in amounts less than that expressed in the order, if the wnole justification is equivalent to that of two sufficient bail. |