Guam § 29112 - Notice of Petition; Service; Objection or Assent to

§ 29112. Notice of Petition; Service; Objection or Assent to

Application.

When 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

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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 sustained

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the 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.