Page:United States Statutes at Large Volume 76A.djvu/727

–631– -631such other persons as the court directs, and also a description of the real estate whereof the deceased died seised or possessed, so far as known, described with certainty to a common mtent. The notice shall require all these persons, and all persons named or not named having or claiming an interest in the estate of the deceased, at the time and place specified in the order, to appear and exhibit to the court their respective claims of heirship, ownership, or interest in the estate. (c) The notice shall be served in the same manner as a summons in a civil action. Upon proof of service, by affidavit or otherwise, to the satisfaction of the court, the court thereupon accjuires jurisdiction to ascertain and determine the heirship, ownership, and interest of all parties in and to the property of the deceased, and the determination is final and conclusive in the administration of the estate, and the title and ownership of the property. The court shall enter an order or decree establishing proof of the service of the notice. § 2042. Filing of appearance; default Persons appearing within the time limited in the order provided by section 2041 of this title shall file their written appearance in person or through their authorized attorney, the attorney filing at the same time written evidence of his authority to appear. Entry of the appearance shall be made in the records of the court. After the expiration of the time limited for appearing, the court shall enter an order adjudging the default of persons who have not appeared. § 2043. Pleadings; trial (a) Within 20 days after the date of the order or decree of the court establishing proof of service of the notice referred to in section 2041 of this title, a person so appearing may file his complaint, setting forth the facts constituting his claim to heirship, ownership, or interest in the estate, with such reasonable particularity as the court may require. He shall serve a copy of the complaint upon each of the parties or their attorneys who have entered their written appearance, if they reside within the Canal Zone; and, if any of them does not reside within the Canal Zone, service of copies of the complaint shall be made upon the clerk of court for them, and the clerk shall forthwith mail the copies to the address of each such party or attorney who has left with the clerk his address. (b) Within 20 days after the service of the complaint, the parties may plead thereto, and thereafter the same proceedings shall oe had upon the complaint as in an ordinary civil action; and the issues of law and of fact arising in the proceedings shall be disposed of in like manner as issues of law and fact in civil actions; and the provisions regulating the mode of procedure for the trial of civil actions are applicable thereto. (c) The party filing the petition, if he files a complaint, and, if not, the party first filing a complaint shall, in all subsequent proceedings, be treated as the plaintiff therein, and all other parties so appearing shall be treated as the defendants, and all the defendants shall set forth in their respective answers the facts constituting their claim of heirship, ownership, or interest in the estate, with such particularity as the court may require, and serve a copy thereof on the plaintiff. (d) Evidence in support of all issues may be taken orally or by deposition, in the same manner as in civil actions. Notice of the taking of depositions shall be served only upon the parties, or the attorneys of the parties, who have appeared in the proceeding. § 2044. Decree determining rights; conclusiveness; costs The court shall enter a default of persons failing to appear, plead, or prosecute or defend their rights as aforesaid. Upon the

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