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Terms Used In 21 Guam Code Ann. § 29112

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
en the court shall order notice given a notice be issued, under the seal of the court, which shall contain the name of the court, the name or names of the application, or applicants and a particular description of the land involved, which notice shall be directed to all parties appearing by the petition or the petition and abstract or by the report of the Examiner of Titles if any, to have any interest in the land or any part thereof and which notice shall contain a statement that the petition has been filed by the applicant or applicants for the registration of the title to the land described therein as provided by this Act and praying for a decree declaring the applicant or applicants to be the owner or owners in fee of such land in accordance with the prayer of said petition and which notice shall direct all whom it may concern to appear and answer said petition within ten (10) days after personal service, and that otherwise the court will grant said petition and direct registration of the title to land in accordance with this Act, and that said person or persons so served will be forever barred from disputing the same.
Service of Petition. When the notice is issued, service thereof shall be made as follows: In all cases said notice shall be published in a newspaper published in the territory of Guam, said newspaper to be designated by the court, for four (4) successive weeks; if the notice is published in a daily newspaper, publication therein once a week for four (4) successive weeks shall be sufficient. The notice appearing in a daily newspaper shall be printed in a typeface no smaller than eight (8) points. In all cases said notice shall be posted in Agana and posted in at least three (3) places in the district in which the land is located, for such length of time and at such places as may be designated by the court. All parties who
have not joined in the petition or assented thereto in writing, and who appear by the petition, or petition and abstract, or report of the examiner of titles to be interested in the fee, all occupants named in the petition and the husband and wife of the applicant, if married, shall be personally served with a copy of the notice, attached to a copy of the petition if they reside in Guam and can, with reasonable diligence, be found and served therein. All owners of adjoining lands who have not given their written consent to the hearing of the petition and who reside in Guam and can, with reasonable diligence, be found and served therein, shall be served with a copy of said notice, without a copy of said petition, personally; provided, that for all applications filed on and after May 1, 1950, the notice as hereinbefore described need not be published in full but it shall be sufficient publication if there is published the following information: the name of the Court in which the application is filed, the name or names of the applicant or applicants, the lot number and municipality of the property to be registered, the civil case number assigned to the application, and a statement referring interested persons to the clerk of the court for further particulars and for an examination of the notice in full.
Service of Notice by Mail. As to all persons who have not joined in the petition or who have not in writing assented to the hearing thereof, who do not reside in Guam or who cannot, with reasonable diligence, be found and served therein a copy of such notice, without a copy of the petition shall, within thirty (30) days after the first publication of such notice, be sent to such party at his last known place of residence, by mail, postage prepaid and if his last known place or residence cannot be, with reasonable diligence, ascertained, then such notice shall be mailed to him in care of the clerk of the Superior Court of Guam; provided, however, that as to all such persons so to be served by mail who appear by the petition, or petition and abstract, or report of the examiner of titles to be interested in the fee, a copy of the petition shall be attached to the copy of the notice mailed to them as herein provided: provided, further that no copy of abstract, order, or map need be served with any notice.

All persons who claim an interest may appear and object to the granting of the application and if such objection is sustainedthe cost of the same shall be paid by the application; if not, by the person so objecting. The time for appearance shall be ten (10) days after personal service within Guam, thirty (30) days after personal service out of Guam; all person not required by this Section to be served personally shall have sixty (60) days after the first publication of such notice within which to appear.
All persons having or claiming any interest in the land or any part thereof may assent in writing to the registration thereof, and the person thus assenting need not be named as a defendant in the registration proceeding, or, if already named as a defendant need not be served with notice therein. Such assent shall be executed and acknowledged in the manner now required by law for the execution and acknowledgment of a deed and shall be filed with the clerk of the court.
SOURCE: CC ‘1157.11. Reference changed from District to Superior
Court pursuant to P.L. 12-85. Amended by P.L. 18-36:2.