Page:United States Statutes at Large Volume 76A.djvu/376

–280– -280-

TITLE 5—CIVIL PROCEDURE AND EVIDENCE PAET

Sec.

1. CIVIL PROCEDUKE GENERALLY 2. PARTICULAR PROCEEDINGS 3. EVIDENCE

1 1501 2501

PART 1—CIVIL PROCEDURE GENERALLY CHAPTER

Sec.

1. 3. 5. 7. 9. 11. 13. 15. 17.

1 41 121 161 201 241 451 511 711

GENERAL PBOVIBIONS LIMITATION OF ACTIONS PASTIES COMMENCEMENT OF ACTIONS; SERVICE OF PBOCESS PLEADINGS PROVISIONAL REMEDIES TRIAL JUDGMENT AND EXECUTION PROCEDURE IN MAGISTRATES' COURTS

CHAPTER 1—GENERAL PROVISIONS Sec 1. Application of Federal Rules of Civil Procedure. 2. AdDiiralty procedure; fees and costs. 3. Construction of title. 4. Division of judicial remedies. 5. Action defined. 6. Special proceeding defined. 7. Civil and criminal remedies not merged. 8. Pending action defined. 9. Lost pleadings and papers.

§ 1. Application of Federal Rules of Civil Procedure (a) Except as otherwise provided in this Code, the forms of process writs, pleadings, and motions, and the practice and procedure of the district court in civil actions and proceedings are governed by the then current Federal Rules of Civil Procedure prescribed by the Supreme Court of the United States pursuant to section 2072 of Title 28, United States Code. (b) Where the Federal Rules of Civil Procedure make applicable the law of the State in which the district court is held, the law of the Canal Zone governs proceedings in the United States District Court for the District of the Canal Zone. The words "state", "district", and "insular possession" include, if appropriate, the Canal Zone. The term "district court" includes the United States District Court for the District of the Canal Zone. The term "statute of the United States" includes, as far as concerns proceedings in the United States District Court for the District of the Canal Zone, an Act of Congress locally applicable to and in force in the Canal Zone. § 2. Admiralty procedure; fees and costs The practice and procedure in admiralty in the district court, including fees and costs, is the same as in the United States district courts. § 3. Construction of title The rule of the common law, that statutes in derogation thereof are to be strictly construed, does not apply to this title. This title establishes the law of the Canal Zone respecting the subjects to which it relates, and its provisions and all proceedings under it shall be liberally construed for the purpose of effecting its objects and promoting justice.

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