Page:United States Statutes at Large Volume 47 Part 1.djvu/940

 916 72d CONGRESS. SESS. II. - CH. 127. FEBRUARY 27, 1933 . and tribunals in the Canal Zone, and from practicing as attorney or co unsel or at law in any manne r and from holdi ng hi mself out to the public as an attorney or counselor at law. When permanently disbarred his name shall be stricken from the roll of attorneys a,n coun sel ors. as piisqu i8fledattorney SEC. 58. DISQUALIFIED ATTORNEY AS PLAINTI J s .-No pers on who has been an attorney -and counselor shall while a judgment of disbar- ment or suspension is in force, appear on his own behalf as plaintiff in the prosecution of any action where the subject of said action has been assigned to him subsequent to the entry of the judgment 00111 _ of disbarment or suspension. tract for t eerav iices . con SEC. 59. COMPENSATION TO BE REASONABLE ; CONTRACT FOR SERVICES.- An attorney shall be entitled to have and recover from his client no -more than a reasonable compensation for the services rendered, hav- ing in view the importance of the subject matter of the controversy the extent of the services rendered, and the professional standing of the attorney. But in such cases the court shall not be bound by the opinion of attorneys as expert witnesses as to the proper compensa- tion, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount of recovery if found by the c ourt not to be unconsci onable o r unreas onable. FORM OF CI VIL ACTIONS. Single form. Parties to action. Trial of special issues not made by pleadings. TIME OF C OM- MENCING CIVIL ACTIONS. Commencement of. Poet, p. 920. Periods of limitation prescribed. Five years. Four years. CHAPTER 4 .-FORM OF CIVIL-ACTIONS SEC. 60. ONE FORM OF CIVIL - ACTION ONLY .-There is in the Canal Zone but one form of civil actions for the enforcement or protection of private rights and the redress or prevention of private wrongs. SEC. 61. PARTIES TO ACTIONS, HOW DESIGNATEDn such action the party complaininis known as the plaintiff, and the adverse party as the d efendant. - SEC. 62. SPECIAL ISSUES NOT MADE BY PLEADINGS, HOW TRIED.--A question of fact not put in issue by the pleadings may be tried by the district court or a jury therein, upon an order for the trial, stating distinctly and plainly the question of fact to be tried ; and such order is the only authority necessary for a trial. CHAPTER 5 .-TIME OF COMMENCING CIVIL ACTIONS TIME OF COMMEN CING ACTIONS IN GENERAL SEC. 63. COMMENCEMENT OF CIVIL ACTIONS .-Civil actions, without exception, can only be commenced within the periods prescribed in this chapter, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by statute. CROSS Rsissmon Action for wrongful death must be brought within one year, see section 96. SEC. 64. PERIODS OF LIMITATION PRESCRIBED .-The periods prescribed for the commencement of actions are as follows : SEC. 65 . WITHIN FIVE YEA, .-Within five years : 1 . An action upon a judgment or decree of any court of the United States or of any State within the United States. 2. An action for mesne profits of real property. SEC. 66. WITHIN FOUR YEARs .-Within four years 1 . An action upon any contract, obligation or liability founded upon an instrument in writing. 2. An action to recover (1) upon a book account whether consist- ing of one or more entries ; (2) upon an account stated ; (3) a balance