Page:United States Statutes at Large Volume 47 Part 1.djvu/1099

 12d C ONGRESS. SESS. II. CH. 127. F EBR UARY 27, 1933 . 107 5 joined, as wel l as for costs, may be entered and enforced by exe cution or otherwise by the court as in civil actions. SEC. 933 . COU RT MUST TRY ISSUES JOIN ED WHEN NO JUR Y IS TrialIng by cour t ;fram- of issues for jury. DEMANDED COURT MUST SETTLE AND FRAME ISSUES WHEN JURY CALLED.- If no jury is demanded, the court must try the issues joined, and sign and file its decision in w riting, as provid ed in sections 804 and 305 . If, on written demand, a ju ry is called by either party, and the issues are not sufficiently made up by the written pleadings on file, the court, on due notice to the opposite party, mu st settle and frame the issues to be tried, and submit the same, together with the evidence of each pary 1, to the jury, on which they must render a Mot ion for new trial . verdict. Either party may move for a new trial, upon the same grounds and errors, and in like manner, as provided in this code for civil actio ns. SEC. 934 . COSTS, BY WHOM PAID IN C ERT AIN CASE S. -When it is not costs. otherwise prescribed in chapters 23 to 36, the district court, may, in its discret ion, order cost s to be paid by any party to the pro- ceed ings , or out of the ass ets of the esta te, as j usti ce may requ ire. Exec utio n for the c osts may iss ue out of the d istr ict court. SEC. 9M. "EXECUTOR, AND SO F ORTH TO BE REMO VED WHEN COM- Re mova l of ex ecut or, MITTED FOR CONTEMPT, AND ANOTHER APPOINTED .-Whenever an exec- etc ., for contempt. u tor, administrat or, or guardian is committed for contempt in di s- obeying any lawful order of the court or judge, and has remained in custody for thirty da ys without obeying su ch order, or pu rgi ng himself otherwise of the contempt, the court may, by order reciting the facts, and without further showing or notice revoke his letters otb epp ointme nt of and app oi nt some oth er person entitled th er eto executor, administra- tor, or guardian in his stead. SEC . 936 . SERVICE OF PROCESS, AND SO FO RTH, UPON GUARDIAN .- Service upon guard- Whenever an infant, insane, or incompetent person has a guardian ian, etc' of his estate residing in the Canal Zone, personal service upon the guar dia n of any pro cess, n otic e, or or der of the cour t co nce rnin g the estate of a deceased person in which the ward is interested, is equivalent to service upon the ward, and it is the duty of the guardian to attend to the interests of the ward in the ma tter. Such guardian may als o ap pear for his wa rd and waive any pr oces s, noti ce, or order to show cause which an adult or a person of sound mind might do. SEC. 937 . ESTABLISHMENT OF IDENTITY OF HEIRS .-- In e very ca se identity m nt of wh ere title to rea l or personal property, or any interest therein, shall have ve sted or may here aft er become ve sted ot her than by the law s of s ucce ssi on, in the heirs, he irs of the body , is sue, or chi ldre n of any person, without other description or means of identification of the persons em braced in such description, any person interest ed in su ch property as suc h heir, he ir of the body issue, or child, or the successor in in terest of any such heir, heir of th e body, issue, or child, or the legal representatives of any of su ch persons or of their said successors in i nterest, may file a verified petiti on in the district court in and for the division wherein said property or any part thereof is situate, setting forth briefly the deraignment of title of petitioner, a description of the property affected, and the names, ages, and resi denc es, if known, of the heirs, heirs of the body, iss ue, or c hild ren whose identity is sought to be determined (or if any of the sa me is dead or if the residence of any of the sam e is unknown, su ch facts shall be st ated) and a reque st that a decree be entered in sa id court det ermi ning and es tabl ishi ng the iden tity of the per sons emb race d in such gen eral description. ' So in original. i