§ 273. Powers of judicial officers in conduct of proceedings Every judicial officer has the power to: (1) preserve and enforce order in his immediate presence, and in proceedings before him, when he is engaged in the performance of official duty; (2) compel obedience to his lawful orders; (3) compel the attendance of persons to testify in a proceeding before him, in the cases and manner provided by law; (4) administer oaths to persons in a proceeding pending before him, and in all other cases where it may be necessary in the exercise of his powers and duties. § 274. Powers of judicial officers to punish for contempt For the effectual exercise of the powers conferred by section 273 of this title, a judicial officer may punish for contempt in the cases provided by law. § 275. Disqualification of judge or magistrates (a) The disqualification of the district judge and magistrates for bias or prejudice or interest are governed by sections 144 and 455 of Title 28, United States Code, except that an affidavit pursuant to section 144 thereof shall be filed at least one day before the day set for trial of the action, or good cause shall be shown for failure to file it within that time. (b) If the district judge is disqualified, the special district judge shall act for him as provided by section 6 of this title. (c) If a magistrate is disqualified, another magistrate shall act for him as provided by section 83 of this title, or the action shall be transferred to another subdivision as provided by section 204 of this title in a civil action or section 232 of this title in a criminal action. § 276. Practice of law by partner of judge or magistrate A judge or magistrate may not have a partner acting as attorney or counsel in any court of the Canal Zone. § 277. Review of orders made out of court An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made. § 278. Proceedings in English language Every proceeding in a court of justice in the Canal Zone shall be conducted and preserved in the English language. § 279. Means to carry jurisdiction into effect When jurisdiction is conferred on a court or judicial officer by this Code or by any other statute, all the means necessary to carry it into effect are also given. In the exercise of this jurisdiction, if the course of proceeding is not specifically prescribed by this Code, by the statute, or by applicable rule of the Supreme Court of the United States or other governing rule, any suitable process or mode of proreeding may be adopted, by rule or by a ruling in the particular case, which appears most conformable to the spirit of this Code and in the furtherance of justice. Sec. CHAPTER 9-FEES AND COSTS SUBCHAPTER I-FEES AND COSTS GENERALLY 321. Each party responsible for his costs; advance payment of fees. 322. Proceedings in forma pauperis. 323. Governmental exemption from fees. SUBCHAPTER II-FEES 341. Collection and disposition of fees generally. 342. Fees of clerk of district court in civil actions. 343. Fees of clerk of district court in probate and guardianship matters. 344. Other fees of clerk of district court. 345. Fees of marshal and other persons serving district court process. 346. Fees for attempts to serve process. 347. Fees of magistrates' courts in civil actions. 348. Other fees of magistrates. 349. Fees on appeals from magistrates' courts to district court. 350. Jury fee. 351. Fees fixed by rules of court. SUBCHAPTER III-COSTS 371. Costs allowed in district court. 372. Taxation of costs in district court. 373. Party entitled to costs in magistrate's court. 374. Costs allowed in magistrate's court. 375. Taxation of costs in magistrate's court. 376. Costs on continuance. 377. Costs on dismissal for want of jurisdiction. 378. Costs in criminal actions in district court. SUBCHAPTER IV-SECURITY FOR COSTS 391. Requirement of security for costs. 392. Form of security; new or additional undertaking. 393. Governmental exemptions. 394. Security by intervener or counterclaimant. 395. Costs secured by attachment or other bond. Subchapter I-Fees and Costs Generally § 321. Each party responsible for his costs; advance payment of fees Each party to a civil action instituted in the district court or a magistrate's court shall be responsible for the costs incurred by him in the action. The marshal, constable, or other officer authorized to execute any process in civil actions, may not execute the same until the fees allowed by law for the service of the process are paid by the party seeking the process, unless the party is entitled to prosecute the action in forma pauperis, as provided by section 322 of this title. § 322. Proceedings in forma pauperis A person entitled to commence an action in a court in the Canal Zone may commence and prosecute or defend it to conclusion without being required to prepay fees or costs or give security therefor, before or after bringing the action, upon filing in the court a statement, under oath, in writing, that because of his poverty he is unable to pay the costs of the action, or to give security for costs, and that he believes that he is entitled to the redress he seeks by the action, and setting forth the nature of the cause of action. The opposing party in the action, the clerk of the district court, or his deputy, or the magistrate, as the case may be, may contest the inability of the party to pay costs or his inability to furnish security for costs; and the contest shall be heard at such time as the court or magistrate determines. If a contest is not made upon the affidavit, or if it is admitted by the court or magistrate after the contest, the officers of the court thereafter shall issue and serve all processes and perform all duties on behalf of the party as in other cases. § 323. Governmental exemption from fees The United States, any agency thereof, or any officer thereof who sues or is sued in his official capacity, is liable for fees for the bringing or defending of an action only when the liability is expressly provided for by Act of Congress. Subchapter II-Fees § 341. Collection and disposition of fees generally (a) The clerk of the district court, commissioners appointed by the district court, the United States marshal, magistrates, constables, other officers referred to by this chapter, and their assistants and deputies, may demand and receive only the fees prescribed by law. (b) All fees collected by officers drawing a salary or compensation from the Government, other than fees collected by the clerk of the district court, the United States marshal, and the district court reporter, shall be paid over to the Canal Zone Government. § 342. Fees of clerk of district court in civil actions (a) Upon the filing of the complaint in a civil action in the district court, the plaintiff shall deposit with the clerk of the district court the following docket fee: (1) civil action generally.. (2) habeas corpus, certiorari, prohibition, or other special $8.00 3.00 (b) Upon the filing of a motion to intervene, an intervener shall deposit $5. (c) The fees deposited under this section are full compensation for all services of the clerk in the action, except fees for furnishing copies of papers and records, and commissions for care of funds deposited in the registry of the court as provided by section 415 of Title 5. § 343. Fees of clerk of district court in probate and guardianship matters (a) The fees for the services of the clerk of the district court in probate and guardianship matters shall be computed according to the value of the estate as follows: (1) not over $1,000--- (2) over $1,000 and not over $5,000__. (4) over $10,000__- $5.00 10.00 15.00 25.00 (b) The fees provided by this section are full compensation for all services of the clerk in the proceedings, except fees for furnishing copies of papers or records. (c) Where the estate is small and the circumstances warrant, the judge of the district court may waive the payment of any fee to the clerk for services in the proceedings. § 344. Other fees of clerk of district court The clerk of the district court shall collect the following fees: (1) certified copy of any paper, record, decree, judgment, or entry, for each page of 250 words or fraction thereof, (A) first copy-- $0.65 (B) carbon copy-- .30 (2) copy of records for transmission to United States Court of Appeals, for each page of 250 words or fraction thereof.. (3) photographic reproduction and certification of any record or paper, per page--- .65 .50 (4) certification of copy of marriage certificate__ (5) searching records and giving certificate thereto of any fact or facts contained therein___. (6) taking acknowledgments, each. (7) administering oaths, each... (8) recording powers of attorney, deeds, and other instruments where fee is not specified by another statute, for each page of 100 words or fraction thereof, with minimum charge of $1.00 for each instrument---- $1.00 .50 .50 .25 .25 § 345. Fees of marshal and other persons serving district court process The United States marshal and other persons serving process of the district court shall collect the following fees: (1) executing process, preliminary and final judgments, and decrees of any court, for each mile of travel in the service of process going one way, reckoned from the place of service to the place to which the process is returnable, 10 cents; (2) serving an attachment against the property of the defendant, $1, together with a reasonable allowance to be made by the court for any expenses necessarily incurred in caring for the property attached;" (3) arresting each defendant in a civil action, 50 cents; (4) serving summons and copy of complaint for each defendant, $1; but in special proceedings, testamentary or administrative, where several members of a family residing at the same place are defendants, for each defendant, 50 cents; (5) serving subpoenas, for each witness served, 50 cents plus travel fees; (6) each copy of any process necessarily deposited in the office of registrar of property, 10 cents for each one hundred words, but not less than 50 cents in each case; (7) taking bonds or other instruments of indemnity or security, 25 cents each: (8) executing a writ of process to put a person in possession of real estate, $1; (9) attending with prisoner on habeas corpus trial, for each day, $1; (10) transporting each prisoner on habeas corpus or otherwise, when required, for every mile going and returning, 10 cents; (11) advertising sale, $2 plus printer's charge; (12) taking inventory of goods levied upon, to be charged only when the inventory is necessary, a sum fixed by the court not exceeding the actual reasonable cost of the same to be shown by vouchers; (13) levying an execution on property, $2; (14) on all money collected by him by order of a decree, execution, attachment, or any other process, the following sums: (A) on the first $100 or less, 2%; (B) on the second $100, 11⁄2%; (C) on all sums between $200 and $1,000, 1%; and (D) on all sums in excess of $1,000,2%; (15) services in a criminal case except for the summoning of witnesses, a sum to be fixed by the court not exceeding $25 where conviction is for a misdemeanor, and not exceeding $100 where conviction is for a felony. § 346. Fees for attempts to serve process The following fees shall be charged for return on and mileage in attempts to serve process, or any order, judgment, or decree of the district court in civil cases: (1) for each return, $1; (2) for mileage going one way in attempting to serve or execute any process, order, judgment, or decree of the court, for each mile traveled one way, 10 cents. § 347. Fees of magistrates' courts in civil actions (a) At the time of commencing a civil action in a magistrate's court, the plaintiff shall deposit a fee of $5. An intervener therein shall deposit at the time of appearance a fee of $3. (b) The fees deposited under this section are full compensation for all services of the magistrate's court in the action, including the services of the magistrate and constable in filing of the complaint, service of process, and execution, except fees for furnishing copies of papers or records. § 348. Other fees of magistrates (a) In addition to the fees prescribed by section 347 of this title, magistrates shall collect the following fees: (1) administering oath upon an affidavit or other paper with certificate of oath, 25 cents; (2) appeal, with proceedings taking bond, making and forwarding transcript of record, $1; (3) each certificate not otherwise provided for, 25 cents; (4) writing and certifying deposition, including the administration of oath to the witness, 65 cents per page of 250 words or fraction thereof for services of the reporter, and 25 cents per page for supervision and certification thereof by the magistrate; (5) certified copies of a record of proceeding of which a person is entitled to receive a copy, 65 cents per page of 250 words or fraction thereof, and 30 cents per page for carbon copies. (b) Upon receiving payment of fees allowed to him by law, a magistrate shall render to the person or persons so paying an itemized account thereof. § 349. Fees on appeals from magistrates' courts to district court An appeal taken from a judgment rendered in a magistrate's court in a civil action is not effectual for any purpose unless, at the time of filing the notice of appeal, the appellant pays to the magistrate, in addition to the fee payable to the magistrate on appeal, a docket fee of $5 for filing the appeal and for placing the action on the calendar in the district court. Upon transmitting the papers on appeal, the magistrate shall transmit to the clerk of the district court the sum thus deposited for filing the appeal in the district court and for placing the action on the calendar. A notice of appeal may not be filed until the fees are paid as required by this section. § 350. Jury fee A party who demands a trial by jury in a civil action in the district court shall accompany the demand with a deposit of $10 as a jury fee. Unless the deposit is made, the case shall be tried without the intervention of a jury. § 351. Fees fixed by rules of court If it appears that services are required of clerks of court, marshals, magistrates, constables, or officers of a court, other than those for which specific fees are provided in this chapter, the district court shall by general rules provide for a scale of fees for those services proportionate to the fees provided in this chapter for similar services. |