TITLE IV
Contempt

A contempt committed in the presence of the court may be punished summarily; when not so committed an affidavit or statement shall be made.

§ 1209.

§ 1210.

What acts or omissions are contempt of court.
Re-entry on property after ejection, when a contempt.

§ 1211.

§ 1212.

§ 1213.

§ 1214.

§ 1215.

§ 1216.

§ 1217.

A warrant of arrest may issue, or a notice to show cause.
Bail may be given by a person arrested under such warrant.

Director of Public Safety must, upon executing the warrant, arrest
and detain the person until discharged.

Bail bond, form and conditions of.

Officer must return warrant and undertaking, if any.
Hearing.

§ 1218. Judgment and penalty, if guilty.

§ 1219.

§ 1220.

§ 1221.

If the contempt is omission to perform any act, the person may be imprisoned until performance.

If a party fails to appear, proceedings.

Illness sufficient cause for nonappearance of party arrested. Confinement under arrest for contempt.

§ 1222. Judgment and orders in such cases final.

§ 1209. What acts or omissions are contempt of court. The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the

court:

1. Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding;

2. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding;

3. Misbehavior in office, or other wilful neglect or violation of duty by an attorney, counsel, clerk, commissioner, or other person, appointed or elected to perform a judicial or ministerial service;

4. Abuse of the process or proceedings of the court, or falsely pretending to act under authority of an order or process of the court;

5. Disobedience of any lawful judgment, order, or process of the court;

6. Assuming to be an officer, attorney, or counselor of a court, and acting as such, without authority;

7. Rescuing any person or property in the custody of an officer by virture of an order or process of such court;

8. Unlawfully detaining a witness, or party to an action, while going to, remaining at, or returning from the court where the action is on the calendar for trial;

9. Any other unlawful interference with the process or proceedings of a court;

10. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness;

11. Disobedience by an inferior tribunal, magistrate, or officer, of the lawful judgment, order, or process of the District Court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate, or officer. [Enacted 1953.] [Federal rules for contempt proceedings in District Court of Guam: see Phelan v. People of Territory of Guam (1968) 394 F.2d. 293.]

§ 1210. Re-entry on property after ejection, when a contempt. Every person dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, who, not having right so to do, re-enters into or upon or takes possession of any such real property, or induces or procures any person not having right so to do, or aids or abets him therein, is guilty of a contempt of the court by which such judgment was rendered or from which such process issued. Upon a conviction for such contempt the court must immediately issue an alias process, directed to the proper officer, and requiring him to restore such possession to the party entitled under the original judgment or process, or to his lessee, grantee, or successor in interest, and no appeal from the order directing the issuance of an alias writ of possession stays the execution thereof, unless a written undertaking is executed on the part of the appellant, with two or more sureties, to the effect that he will not commit or suffer to be committed any waste thereon, and if the order is affirmed, or the appeal dismissed, he will pay the value of the use and occupation of the property from the time of his unlawful re-entry until the delivery of the possession thereof, pursuant to the judgment or order, not exceeding a sum to be fixed by the judge of the court by which the order for the alias writ was made, and which must be specified in the undertaking. [Enacted 1953.]

§ 1211. A contempt committed in the presence of the court may be punished summarily; when not so committed an affidavit or statement shall be made. When a contempt is

committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the court, or judge at chambers, an affidavit shall be presented to the court, or judge, of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officer. [Enacted 1953.]

§ 1212. A warrant of arrest may issue, or a notice to show cause. When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of arrest may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause. [Enacted 1953.]

§ 1213. Bail may be given by a person arrested under such warrant. Whenever a warrant of arrest is issued, pursuant to this Title, the court or judge must direct, by an endorsement on such warrant, that the person charged may be let to bail for his appearance, in an amount to be specified in such endorsement. [Enacted 1953.]

§ 1214. Director of Public Safety must, upon executing the warrant, arrest and detain the person until discharged. Upon executing the warrant of arrest, the Director of Public Safety must keep the person in custody, bring him before the court or judge, and detain him until an order be made in the premises, unless the person arrested entitles himself to be discharged, as provided in the next section. [Enacted 1953.]

§ 1215. Bail bond, form and conditions of. When a direction to let the person arrested to bail is contained in the warrant of arrest, or endorsed thereon, he must be discharged from the arrest, upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two (2) sufficient sureties, to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge thereupon; or they will

pay, as may be directed, the sum specified in the warrant. [Enacted 1953.]

§ 1216. Officer must return warrant and undertaking, if any. The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified thereon. [Enacted 1953.]

§ 1217. Hearing. When the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time, if necessary. [Enacted 1953.]

§ 1218. Judgment and penalty, if guilty. Upon the answer and evidence taken, the court or judge must determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, he may be punished as provided in the Penal Code. [Enacted 1953.]

§ 1219. If the contempt is omission to perform any act, the person may be imprisoned until performance. When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until he shall have performed it, and in that case the act must be specified in the warrant of commitment. [Enacted 1953.]

§ 1220. If a party fails to appear, proceedings. When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued, and the costs of the proceedings. [Enacted 1953.]

§ 1221. Illness sufficient cause for nonappearance of party arrested. Confinement under arrest for contempt. Whenever, by the provisions of this Title, an officer is required to keep a person arrested on a warrant of attachment in custody,

and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant in a prison or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance. [Enacted 1953.]

§ 1222. Judgment and orders in such cases final. The judgment and orders of the court or judge, made in cases of contempt, are final and conclusive. [Enacted 1953.]

§ 1241.

§ 1242.

(No title).

Eminent Domain: lands, easement, or rights of way for public use; taking of possession and title in advance of final judgment; authority; procedure.

Same: taking in advance of final judgment; appeal or giving bond as preventing or delaying vesting of title.

§ 1243. Same: taking in advance of final judgment; obligation of the government of Guam to pay ultimate award when fixed.

§ 1244. Same: taking in advance of final judgment; right as additional to existing rights, powers, and authority.

§ 1245. (No title).

§ 1237. Eminent Domain defined. Eminent Domain is the right or power of the government to take private property for public use, the right of the government or department or agency thereof, or public corporation to whom the power is delegated by law to condemn private property for public use and to appropriate the ownership and possession thereof for such use upon paying the owner due compensation therefor. [Original § 1237 enacted 1953; repealed and new § 1237 added by P.L. 8-14, effective March 9, 1965.]

§ 1238. Public use defined. Public use means any use of purpose inuring to the benefit of the public generally or any substantial segment thereof. When the Guam Legislature declares a use to be public, such use shall be presumed to be an authorized public use, but the contrary may be proved. [Original § 1238 enacted 1953; repealed, and new § 1238 added by P.L. 8-14, effective March 9, 1965.]