sureties, in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages he may sustain by reason of the appointment of such receiver and the entry by him upon his duties, in case the applicant shall have procured such appointment wrongfully, maliciously, or without sufficient cause; and the court may, in its discretion, at any time after said appointment, require an additional undertaking. [Enacted 1953.] § 567. Oath and undertaking of receiver. Before entering upon his duties, the receiver must be sworn to perform them faithfully, and with two or more sureties, approved by the court or judge, execute an undertaking to the government of Guam in such sum as the court or judge may direct, to the effect that he will faithfully discharge the duties of the receiver in the action and obey the orders of the court therein. [Enacted 1953.] § 568. Powers of receivers. The receiver has, under the control of the court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the court may authorize. [Enacted 1953.] § 569. Investment of funds. Funds in the hands of a receiver may be invested upon interest, by order of the court; but no such order can be made, except upon the consent of all the parties to the action. [Enacted 1953.] § 570. Notice of unclaimed funds in receiver's hands; disposition of. A receiver having any funds in his hands belonging to a person whose whereabouts are unknown to him shall, before receiving his discharge as such receiver, publish a notice for one (1) month on one or more public bulletin boards in Agana and in the district where the owner of any unclaimed funds is last known to have lived, setting forth the name of the owner of any unclaimed funds, the last known place of residence or post office address of such owner, and the amount of such unclaimed funds. Any funds remaining in his hands unclaimed for thirty (30) days after the date of the last publication of such notice shall be reported to the court, and upon order of the court all such funds must be paid into the treasury of the government of Guam with a copy of the order, which must set forth the facts required in the notice herein provided. Such funds shall be paid out by the treasurer to the owner thereof or his order in such manner and upon such terms as are now or may hereafter be provided by law. All cost and expense connected with such advertising shall be paid out of the funds the whereabouts of whose owners are unknown. [Enacted 1953.] § 571. Bank may be appointed receiver. Any bank duly licensed to do business in Guam may, where practicable, be appointed a receiver, and where so appointed shall not be required to give an undertaking or the oath prescribed in § 567 of this Code. [Enacted 1953.] § 572. Deposit in court. When it is admitted by the pleadings or shown upon the examination of a party to the action that he has in his possession, or under his control, any money or other thing capable of delivery, which being the subject of litigation is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same, upon motion, to be deposited in court or delivered to such party, upon such conditions as may be just, subject to the further direction of the court. [Enacted 1953.] [EDITOR'S NOTE: See Rule 67, FRCP.] § 573. Clerk to deposit money received. Whenever money is paid into or deposited in court to be held in custody or trust for or on behalf of a person other than the government of Guam, the same shall be delivered to the clerk of the court in person. He thereupon must deposit it with a licensed bank in Guam in a special trust account in the name of the court which shall be drawn upon only on order of the court. All money received, to which the government of Guam is entitled such as fines, costs, filing fees, and the like, shall be deposited with the treasurer of the government of Guam. [Enacted 1953; repealed and added by P.L. 9-178, effective March 14, 1968.] § 574. Manner of enforcing the order. Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money, or other thing, and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the Director of Public Safety to take the money, or thing, and deposit or deliver it in conformity with the direction of the court. [Enacted 1953.] TITLE VIII Trial and Judgment in Civil Actions Chapter I. Judgment in General. II. Judgment upon Failure to Answer. IV. V. References and Trials by Referees. VI. Provisions Relating to Trials in General. CHAPTER I Judgment in General Judgment may be for or against one of the parties. Judgment may be against one party and action proceed as to others. § 578. § 579. § 580. § 581. § 581a. § 582. Judgment on merits. Dismissals of action and entry of nonsuit. Dismissal of action for failure to issue summons, when. § 577. Judgment defined. A "judgment" is the final determination of the rights of the parties in an action or proceeding. [Enacted 1953.] § 578. Judgment may be for or against one of the parties. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves. [Enacted 1953.] § 579. Judgment may be against one party and action proceed as to others. In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper. [Enacted 1953.] § 580. The relief to be awarded to the plaintiff. The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case the court may grant him any relief consistent with the case made by the complaint and embraced within the issues. [Enacted 1953.] § 581. Dismissals of action and entry of nonsuit. An action may be dismissed, or a judgment of nonsuit entered, in the following cases: 1. By the plaintiff, by written request to the clerk filed with the papers in the case, at any time before the trial, upon payment of his costs, provided, a counterclaim has not been set up, or affirmative relief sought by the cross-complaint or answer of the defendant. If a provisional remedy has been allowed, the undertaking must thereupon be delivered by the clerk to the defendant, who may have his action thereon; 2. By either party, upon the written consent of the other; 3. By the court, when either party fails to appear on the trial, and the other party appears and asks for the dismissal; 4. By the court, when, upon the trial and before the final submission of the case, the plaintiff abandons it; 5. By the court, upon motion of the defendant, when upon the trial the plaintiff fails to prove a sufficient case. But no dismissal mentioned in subdivisions 1 and 2 hereof shall be entered unless upon written consent of his attorney of record, or if said consent is not obtained, upon order of the court, after notice to the attorney. The dismissals mentioned in said subdivisions 1 and 2 hereof, when written consent of the attorney of record of the party requesting the dismissals are filed, may be made by entry in the clerk's register. The dismissals mentioned in subdivisions 3, 4, and 5 of this section must be made by order of the court entered upon the minutes thereof, and are effective for all purposes when so entered; but the clerk of the court must note such orders in his register of actions in the case. [Enacted 1953.] [See Rule 41, FRCP, re voluntary/involuntary dismissals.] § 581a. Dismissal of action for failure to issue summons, when. No action heretofore or hereafter commenced shall be further prosecuted, and no further proceedings shall be had therein, and all actions heretofore and hereafter commenced must be dismissed by the court, in which the same shall have been commenced, on its own motion, or on motion of any party interested therein, whether named in the complaint as a party or not, unless summons shall have issued within one (1) year, and all such actions must be in like manner dismissed, unless the summons shall be served and return thereon made within three (3) years after the commencement of said action. But all such actions may be prosecuted, if appearance has been made by the defendant or defendants, within said three (3) years in the same manner as if summons had been issued and served, provided, that, except in actions to partition or to recover possession of, or to enforce a lien upon, or to determine conflicting claims to, real or personal property, no dismissal shall be had under this section as to any defendant because of the failure to serve summons on him during his absence from the Territory of Guam, or while he has secreted himself within the Territory of Guam to prevent the service of summons on him. [Enacted 1953.] § 582. Judgment on merits. In all cases other than those mentioned in the last two sections, judgment must be rendered on the merits. [Enacted 1953.] § 583. Dismissal of actions. The court may in its discretion dismiss any action for want of prosecution on motion of the defendant, and after due notice to the plaintiff, whenever plaintiff has failed for one (1) year after answer is filed to bring such action to trial. Any action heretofore or hereafter commenced shall be dismissed by the court in which the same shall have been commenced or to which it may be transferred on motion of defendant after due notice to plaintiff or by the court upon its own motion, unless such action is brought to trial within two (2) years after the defendant has filed his answer, except where the parties have stipulated in writing that the time may be extended. When, in any action after judgment, a motion for a new trial has been made and a new trial granted, such action shall be dismissed on motion of defendant after due notice to plaintiff, or by the court of its own motion, if no appeal has been taken, unless such action is brought to trial within three (3) months after the entry of the order granting |