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Subchapter III-Costs

§ 371. Costs allowed in district court

In the district court, the party entitled to costs may recover the following costs and no others:

(1) for each witness necessarily produced by him, for each day's necessary attendance of the witness at the trial, the witness' lawful fees;

(2) for each deposition lawfully taken by him, and produced in evidence, the actual cost of taking the deposition, but not to exceed $20;

(3) for original papers produced by him, nothing;

(4) for official copies of such papers, the lawful fees necessarily paid for obtaining the copies; and

(5) the lawful fees paid by him for the service of process in the action, and all lawful clerk's fees paid by him.

§ 372. Taxation of costs in district court

(a) A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.

(b) Before a bill of costs is taxed, the party claiming an item of cost shall attach thereto an affidavit, made by himself or by his authorized attorney or agent having knowledge of the facts, that the item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed.

§ 373. Party entitled to costs in magistrate's court

In a magistrate's court, costs shall ordinarily be allowed to the prevailing party as a matter of course, but for special reasons the court may adjudge that either party shall pay the costs of an action, or that the costs be divided as may be equitable.

§ 374. Costs allowed in magistrate's court

In a magistrate's court, the party entitled to costs may recover the following costs, and no others:

(1) for each witness produced by him, for each day's necessary attendance at the trial, the witness' lawful fees;

(2) for each deposition lawfully taken by him and produced in evidence, the actual cost of taking the deposition, but not to exceed $20;

(3) for original papers produced by him, nothing:

(4) for official copies of such papers, the lawful fees necessary paid for obtaining the copies; and

(5) the lawful fees paid by him for the services of the magistrate's court in the action.

§ 375. Taxation of costs in magistrate's court

(a) The magistrate may tax and include in the judgment the costs allowed by law to the prevailing party.

(b) The costs in a magistrate's court, if allowed, shall be taxed by the magistrate without the filing and service of a bill of costs as provided by section 372 of this title, and upon such information as the magistrate requires.

§ 376. Costs on continuance

When an application is made to a court or master to postpone a trial, the payment of costs occasioned by the postponement may be imposed, in the discretion of the court or master, as a condition of granting the same.

§ 377. Costs on dismissal for want of jurisdiction

If an action is dismissed for want of jurisdiction, courts nevertheless may render judgment for costs as justice may require.

§ 378. Costs in criminal actions in district court

(a) The costs in criminal actions shall be paid by the defendant in cases of appeal from a magistrate's court if the appeal is not prosecuted or if the appeal is prosecuted and the judgment of the magistrate is affirmed, and shall be paid in cases other than appeals from the magistrates' courts when a judgment of guilty is entered.

(b) The costs shall be taxed as follows:

(1) fees for witnesses produced by the Government or the defense, as fixed by law;

(2) for a deposition of a witness for the defendant, $1;

(3) for issuing a warrant of arrest, 25 cents;

(4) for every adjournment of a trial on motion of the defendant, $2;

(5) for filing each paper required by law or pleading, 5 cents; (6) for furnishing copies to the defendant of pleadings except the information, 15 cents per folio;

(7) for swearing each witness on trial, 10 cents;

(8) for a subpoena, including all the names contained therein, 25 cents, and in no case may more than six subpoenas be allowed

for:

(9) for receiving and entering a judgment, 25 cents;

(10) for warrant of commitment on sentence, 75 cents;
(11) for record of conviction and filing the same, 75 cents;

(12) for a return of any writ of certiorari, 25 cents; and

(13) fee for services of the marshal as provided by item (15) of section 345 of this title.

Subchapter IV-Security for Costs

§ 391. Requirement of security for costs

(a) The plaintiff in a civil action or proceeding in the district court or in a magistrate's court may be required to give security for the costs upon motion of the opposing party or of an officer of the court interested in the costs accruing in the action or proceeding; and the court shall require the plaintiff to give security for costs within a reasonable time thereafter and not later than 10 days after the motion is presented to the court. If the plaintiff fails to comply with the order within the time prescribed by the court, the action or proceeding shall be dismissed.

(b) Magistrates may in all cases require a deposit of money or an undertaking, as security for costs of court, before issuing a summons. § 392. Form of security; new or additional undertaking

(a) The security for costs required by this subchapter may consist of a money deposit, bond of a surety company, or cost bond with two or more good and sufficient sureties. The form of the security shall be determined by the court before which the proceedings are pending. If personal security is furnished, the sureties must be residents of the Canal Zone, and an officer of the court or attorney practicing before the court may not be accepted as surety.

(b) Upon proof that the original undertaking is insufficient security, the court may order the giving of a new or additional undertaking within such time as the court prescribes. If the plaintiff fails to comply with the order within the time prescribed by the court, the proceedings shall be dismissed.

(c) All bonds given as security for costs shall authorize judgment against all of the obligors of the bonds, jointly and severally, for such costs, to be entered in the final judgment of the action or special proceeding.

§ 393. Governmental exemptions

Security for costs may not be required of the United States, an agency thereof, an officer thereof who sues in his official capacity, or the public administrator.

§ 394. Security by intervener or counterclaimant

This subchapter applies to an intervener. It also applies to a defendant who seeks a judgment against the plaintiff on a counterclaim, after the plaintiff has discontinued his action.

§ 395. Costs secured by attachment or other bond

When the costs are secured by the provisions of an attachment or other bond, filed by the party required to give satisfactory security for costs, further security may not be required.

CHAPTER 11-SURETY BONDS AND UNDERTAKINGS

Sec.

431. Undertakings or bonds; requisites.

432. Corporations as sureties.

433. Justification by corporate sureties.

434. Cash deposit in lieu of bond.

435. Copies of bonds.

436. Governmental exemption from bonds and undertakings. 437. Subrogation of surety to rights of judgment creditor.

438. Enforcement of liability of surety.

439. Attorneys as sureties.

§ 431. Undertakings or bonds; requisites

(a) When an undertaking or bond is authorized or required by a law of the Canal Zone, the officer taking it shall, except as provided by section 432 of this title, require the sureties to include with the undertaking an affidavit stating that each one is:

(1) a resident of the Canal Zone;

(2) worth the sum specified in the undertaking or bond, over and above all their just debts and liabilities, exclusive of property exempt from execution.

(b) When an undertaking or bond is in an amount exceeding $2,000, the affidavit shall also state:

(1) the affiant's place of residence;

(2) a description sufficient for identification of property, real or personal, belonging to the affiant and relied upon by him as qualifying him on the bond or undertaking, and the nature of affiant's interest or estate therein;

(3) the affiant's best estimate of the actual cash value of each property;

(4) any charge or lien against the property, including the amount thereof, known to the affiant, whether of public record or not; and

(5) any other impediment or cloud known to the affiant on the free right of possession, use, benefit or enjoyment of the property. (c) When the amount specified in the undertaking or bond exceeds $3,000 and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that specified in the undertaking or bond, if the whole amount is equivalent to that of two sufficient sureties. A corporation covered by section 432 of this title may become sole surety in a bond.

(d) When an undertaking has been given and approved in an action or proceeding and it is thereafter made to appear to the satis

faction of the court that any of its sureties is or has become insufficient, the court, upon notice, may order the giving of a new undertaking, with sufficient sureties, in lieu of the insufficient one. All rights obtained by the filing of the original undertaking shall immediately cease if: (1) the new undertaking is not given within the time required by the order; or

(2) the sureties thereon fail to justify when required.

§ 432. Corporations as sureties

When an undertaking or bond, with any number of sureties, is authorized or required by a law of the Canal Zone, a corporation with a paid-up capital of not less than $100,000, incorporated under the laws of a State of the United States for the purpose of making, guaranteeing, or becoming a surety upon bonds or undertakings required or authorized by law; or which, by the laws of the State where it was incorporated has that power; and which shall have complied with all the requirements of the law for the admission of corporations to transact that business in the Canal Zone, may become and shall be accepted as security or as sole and sufficient surety upon the undertaking or bond, and it shall be subject to all the liabilities and entitled to all the rights of natural person sureties.

§ 433. Justification by corporate sureties

(a) When the surety on a bond or undertaking authorized or required by a law of the Canal Zone is a foreign corporation, authorized to be a surety on bonds or undertakings in the Canal Zone, and exception is taken to its sufficiency as required by law, the corporate surety may justify on the bond or undertaking as provided in this section.

An agent, attorney in fact, or officer of the corporation shall submit to the court, judge, officer, board, or other person before whom the justification is to be made:

(1) the original, or a certified copy of the power of attorney, bylaws, or other instrument showing the authority to execute the bonds or undertakings of the person or persons who executed them;

(2) a certified copy of the certificate of authority showing that the corporation is authorized to transact business;

(3) a certificate from the executive secretary showing that the certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended, or in the event that it has been, that renewed authority to act under it has been granted;

(4) a financial statement verified under oath by the president, or a vice president and attested by the secretary or an assistant secretary of the corporation, showing the assets and liabilities of the corporation at the end of the quarter calendar year prior to the 45 days preceding the date of the execution of the bond or undertaking.

(b) The justification of the surety shall be complete and it shall be accepted as the sole and sufficient surety on the bond or undertaking if, upon complying with subsection (a) of this section, it appears that:

(1) the bond or undertaking was duly executed;

(2) the corporation is authorized to transact business in the Canal Zone; and

(3) its assets exceed its liabilities in an amount equal to, or in excess of the amount of the bond or undertaking.

§ 434. Cash deposit in lieu of bond

In proceedings in which a bond is required the clerk of the district court may accept a cash deposit in the sum of the bond. Where a

cash bond is given, the moneys or any part thereof may be withdrawn only upon order of the court.

§ 435. Copies of bonds

Bonds required in civil actions or proceedings, except bonds for arrest or appeal from inferior courts, shall be copied in full by the clerk in an appropriate book, and a copy, authenticated by him, shall have the force and effect of the original.

§ 436. Governmental exemption from bonds and undertakings The United States, an agency thereof, or an officer thereof in his official capacity, as a party plaintiff or defendant to a civil action or proceeding, may not be required to give a bond, written undertaking, or security; and on complying with the other provisions of this Code, has the same rights, remedies, and benefits as if the bond, undertaking, or security, had been given or approved.

§ 437. Subrogation of surety to rights of judgment creditor

When a surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmance by the appellate court, he is substituted to the rights of the judgment creditor, and is entitled to control, enforce, and satisfy the judgment, in all respects as if he had recovered the same.

8438. Enforcement of liability of surety

A surety upon a bond or undertaking given in a civil action or special proceeding in the district court submits himself to the jurisdiction of the court and irrevocably appoints the clerk of the court as his agent upon whom papers affecting his liability on the bond or undertaking may be served. His liability may be enforced on motion without the necessity of an independent action. The motion and such notice as the court prescribes may be served on the clerk of the court who shall forthwith mail copies to the surety if his address is known. § 439. Attorneys as sureties

Attorneys may not be accepted as sureties upon bonds or recognizances required to be filed in court.

Sec.

CHAPTER 13-JURORS

471. Selection, summoning and service of jurors. 472. Compensation of jurors.

§ 471. Selection, summoning and service of jurors

The district court shall provide for the selection, summoning and serving of jurors from among the citizens of the United States subject to jury duty to serve in the division of the district in which the jurors reside.

§ 472. Compensation of jurors

(a) Jurors who are employed by the United States or an agency or instrumentality thereof in the Canal Zone shall receive their full pay for the time spent attending court and shall not receive compensation from the court for their attendance as jurors. Their periods of service as jurors may not be deducted from the time allowed for any leave of absence authorized by law.

(b) Jurors who are not employed as provided by subsection (a) of this section shall be allowed a jury fee of $7 per diem during the time of their attendance.

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