Page:United States Statutes at Large Volume 47 Part 1.djvu/948

 924 72d C ONGRESS. SESS. II. CH. 127. FEBRU ARY 27, 1933 . Canal Zone, and the action is brought to seize or obtain title to prop- erty of the defendant within the Canal Zone, the action shall be brought in the division or subdivision where the property which the plaintiff seeks to seize or obtain title to is situated or Is found. Actions against executors, administrators, and guardians touching the performance of their official duties, and actions for account and settlement by them, and actions for the distribution of the estates of dec eased pe rsons am ong the heirs an d distri butees, and acti ons for the payment of lega cies, sh all be b rought i n the di vision i n which the will was admitted to probate, or letters of administration were gra nted, or the gua rdian wa s appoin ted. Actions to obtain possession of real property, or to recover dam- ages for injuries to real property, or to establish any interest or right in or to real property, shall be brought in the division where such property, or some part thereof, is situated. And in all cases process may issue from the division of the district court in which an action or special proceedings is pending, to be in force in either division, to bring in defendants and to enforce all orders and decrees of the court. The failure of the defendant to object to the venue of the action at the time of entering his appearance in the action shall be deemed a waiver on his part of all objections thereto, exce t in the case of actions against executors, administrators, and guardians, and for the distribution of estates and payment of legacies. Actions for divorce . SEC. 112. ACTIONS FOR DIVORCE.-Complaints for divorce shall be filed in the division of the district court in which the laintiff resides. Vol. 42, p. INS. (Act Cong . Sept. 21, 1922, C . 370, „ 13, 42 Stat. 1008 . Cr oss REFERENCE Post, p.1135. Residence defined, see Civil Code, section 91 . Change of venue. SEC . 113 . CHANGE OF VE NUE .-The district judge may or der a change of venue in any civil case or special proceeding from one division of said court to the other, whenever in his opinion, in the interest of justice, such action becomes necessary . Su ch change of venue may be ordered upon the motion of the judge, on the application of either party or by consent of parties . Whenever a change of venue has been ordered by the court, the clerk shall immediately make out a true transcript of all the orders made in said cause, and certify thereto under his off ic ial seal, and transmit the same with the original papers in the case to the other division of the district, and the case shall be tried therein as if it had been instituted there originally. MANNER OF COM ME NCI NG CIVIL ACTIONS. Ante, p. 923. Complaints. Indorsement; wh en summons may issue ; how waived . CHAPTE R 8.- MANNER OF COMMENCI NG CIVIL AC TIONS CR OSS Pawn ENCE Process may issue from one division of the district court to be in force in the other, see section 111. SEO. 114. ACTIO NS, How COMMENCED .-Civil actions in the district court of the Canal Zone are commenced by filing a complaint. SEC. 115 . CO MPLAI NT, HOW INDO RSED ; WH EN SUMMONS MAY BE ISSUED, AND HOW WAIvED .-The clerk mus'- indorse on the complaint the day, month, and year that it is filed, and at a ny time within o ne year thereafter, the plaintiff may have a summons issued, and if the action be brought against two or more defendants, who reside in dif ferent divisions, may have a sum mons issued for each of such div i- sions at the same time. But at any time within the year after the