Page:United States Statutes at Large Volume 47 Part 1.djvu/1090

 1066 72d C ONGRESS. SESS. II. CH. 127. FEB RUARY 27, 1933. the register of proceedings of said estate. And the court s hall, af ter the expiration of the time limited for appearing as aforesaid, enter an order adjudging the defa ult of all persons for n ot appearing a s afo resaid who shall not h ave a ppear ed as afore said. Complaint by Inter- COMPLAINT BY INTERESTED PERSONS ; FILING AND SERVICE OF ANSWER sated persons ; filing and service of answer to. To.-At any time within twenty days after the date of. the order or decree of the court establishing proof of the service of such notice, any of such persons so appearing may file his complaint in the matter of the estate, setting forth the facts constituting his claim of heirship, ownership, or interest in said estate, with such reason- able particularity as the court may require, and serve a copy of the same upon each of the parties or attorneys who shall have entered their written appearance as aforesaid, if such parties or such attor- neys reside within the Canal Zone ; and in case any of them do not reside w ithin the Canal Zone, th en service of such copy of said co mpla int shall be made upon the cler k of said pourt for them , an d the clerk shal l for thwith mail the same to the addr ess o f such party or attorney as may have left with said clerk his 'post-office address. issues joinedngs after PRO CEE DIN GS AFT ER ISSUES JOINED .-Such parties are allowed twenty days after the service of the complaint, as aforesaid, within which to plead thereto, and thereafter such proceedings shall be had upon such comp lain t as in this code provided in case of an ordinary civil action ; and the issues of law and of fact arising in the proceeding shall be disposed of in like manner as ° issues of law and fact are herein provided to be disposed of in-civil actions ; and the pro visio ns of this code conta ined r egula ting the mo de of proc edure for the t rial of civil act ions shall be appl icable thereto. Plaintiff and defend- PLAINTIJ I'S AND DEFENDANTS IN PROCEEDINGS .--The party filing the petition as aforesaid, if he'file a complaint, and if not, the party first filing such complaint ., shall, in all subsequent proceedings, be treated as the plaintiff therein, and all other parties so appearing shall be treated as the defendants in said proceedings, and all such defendants shall set forth in their respective answers the facts con- stituting their claim of heirship, ownership, or interest in said estate, with such particularity as the court may require, and serve a copy the reof on the pla int iff. Eviden ce. Evidence in support of all issues may be taken orally or by deposi- tion, in the same manner as provided in civil actions. Notice of the taking of such depositions shall be served only upon the parties, or the at torneys of - the parties, so app earing i n said p roceeding. Decree, what to de- DECREE, WHAT TO DETERMINE ; CONCLUSIVENESS op .-The court shall nness. e; •onolnsi•~ enter a default of all persons failing to appear, or plead, or prosecute, or defend their rights as aforesaid ; and upon the trial of the issues arising upon the pleadings i-i such proceedings, the court shall determine the heirship to said deceased, the ownership of his estate and the interest of each respective claimant thereto or therein, and persons entitled to distribution thereof, and the final determination of the court thereupon shall be final and conclusive in the distribution of said estate, and in regard to the title to all the property of the estate of said deceased. Distribution of cost. ° Tho cost of the proceedings under this section shall be apportioned in the discretion of the court. Attorney for minor. ATTORNEY FOR MINORS.In any roceeding under this section ; the court may appoint an attorney 'for any mino r me ntio ned in said proceedings not having a guardian. hetrabip min ati dis' of DE TERMI NATION OF HE SHIP AT FINA L DISTRIBUTION .--Nothing in but ton. this section contained shall be construed to exclude the right upon final distribution of any estate to contest the question of heirship .