Page:United States Statutes at Large Volume 47 Part 1.djvu/1027

 72d CONGRESS. SESS. II. CH. 127. FEB RUARY 27, 1933. JU STIFICATIO N WHEN COMPLETE .-Upon complying with the fore- eomple tion, when going provisions and it appearing that the bond or undertaking was duly executed, that the corporation is authorized to transact business in the Canal Zone, and that its assets exceed its liabilities in an amount equal to or in excess of the amount of the bond or under- taking, the justification of the surety shall be complete and it shall be accepted as the sole and sufficient surety on the bond or undertaking. SEC. 535. CLERK MAY ACCEPT CASH DEPOSIT IN LIEU OF BOND .-In all Cash deposit in lieu proceedings in which a bond is required the clerk of the district of bond. court may accept a cash deposit in the sum of the bond. Where a cash bond is given, such moneys or any part thereof may be with- drawn only upon order of the court. SEC. 536. CLERK TO COPY CERTAIN BON DS IN APPROPRIATE BOOK.- Bondstobecopiedin All bonds of every nature and description required in civil actions appropriate book. or proceedings, except bonds for arrest or appeal from inferior courts, shall be copied in full by the clerk in an appropriate book and such copy, duly authenticated by him, shall have the force anc~ effect of the original. SEC. 536a. CLE RK TO BE Ex OFFICIO REGISTRAR OF PROPERTY.-The milerp=osyo regis. clerk of the district court is ex officio registrar of property of the Canal Zone, and the assistant clerks shall have and exercise li ke powers in the name of their principal. The clerk and his assistants shall have the duties of registrar so as to give constructive notice in all cases where provision is made for such notice by law. They shall keep proper books of record, which shall at all reasonable hours be open to the public. SEC. 537. GOVERNMENT NOT REQUIRED TO GIVE BONDS WHEN A Government not re- PARTY.-In any civil action or proceeding wherein the Government quires to give bond. i s a party plaintiff, or any government officer, in his official capacity or on behalf of the Government, is a party plaintiff or defendant no bond, written undertaking, or security can be required of the d i OV- ernment, or any officer thereof ; but on com plyi ng with the oth er provisions of this code the Government, or any government officer acting in his official capacity, have the same rights, remedies, and benefts as if the bond, undertaking, or security were given and approved as required by this code. SEC. 538. SURETY ON APPEAL SUBS'r1TUTsD TO RIGHTS OF JUDGMENT Subrogation of surety cRE DITOR .-W he nev er any sur ety on an und ert ak ing on appeal, on appeal bond. execu ted to st ay procee dings upon a money judgment, pays the judgment, either with or without action after its .affirmation by the appellate court, he is substituted to the rights of the judgment creditor, and is entitled to control, enforce a nd sat isfy such judg- ment, in all respects as if he had recovered the same. DECLARATORY RELIEF SEC. 539. DECLARATORY RELIEF.-Any person interested under a D eclar atory relie f. deed, will or other written instrument, or under a contract, or who desires a declaration of his rights or duties with respect to another or in respect to, in, over or upon property, may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an action in the district court for a declara- tion of his rights an d duties in the premises, includ ing a de termina- tion of any question of construction or validity arising under such instrument or contract. He may ask for a declaration of rights or duties, either alone or with other relief ; and the court may make a binding declaration of such rights or duties, whether or not further relief is or could be claimed at the time. The declaration may be either affirmative or negative in form and effect, and such declaration 1003