Executive Order 2019

by President of the United States

To Require Security for Costs in Civil Cases.

By virtue of the authority vested in me, I hereby establish the following order for the Canal Zone:

Section 1. The plaintiff in any civil suit, or special proceeding, may be ruled to give security for the costs upon motion of the defendant, or of any officer of the court interested in the costs accruing in such suit; and if such rule be entered against the plaintiff, and he fail to comply therewith, within the time prescribed by the court or judge thereof, the suit shall be dismissed.

A new or additional undertaking may be ordered within such time as the court or judge may prescribe, upon proof that the original undertaking is insufficient security, and failure on the part of the plaintiff to comply with the order of the court, or judge, within the time prescribed, shall cause the dismissal of the suit.

This section shall apply to suits in the magistrates' courts, as well as in the district court.

The security for costs required by this section may consist of a money deposit, bond of a surety company, or cost bond with two or more good and sufficient sureties; the form of such security to be determined by the judge or magistrate of the court before whom the proceedings are pending.

Section 2. All bonds given as security for costs shall authorize judgment against all of the obligors of said bonds for such costs, to be entered in the final judgment of the case or special proceedings.

Section 3. Any party to a suit, who is required to give security for costs, may file with the secretary, or his assistant, or with the magistrate, as the case may be, an affidavit to the effect that he is too poor to pay the costs of the court, and is unable to give security therefor. The secretary of the district court, or his assistant, or the magistrate, as the case may be, may contest the inability of the party to pay the costs, or his inability to give security for the same, the contest to be tried before the judge of the district court in cases pending in that court, and before the magistrate in cases pending in one of the magistrates' courts; and the contest shall be heard at such time as the court or magistrate may determine.

If no contest is made upon the affidavit, or if the same is admitted by the court or magistrate after the contest, it shall be the duty of the officers of the court thereafter to issue and serve all processes and perform all duties on behalf of such party as in other cases.

Section 4. The public administrator, and executors, administrators and guardians appointed by the courts of the Canal Zone shall not be required to give security for costs in any suit brought by them in their fiduciary character.

Section 5. No security for costs shall be required of The United States, The Panama Canal, The Canal Zone Government, or any of its dependencies.

Section 6. The provisions of this order, relating to security for costs, shall apply to an intervenor; and shall also apply to a defendant who seeks a judgment against the plaintiff on a counterclaim, after the defendant shall have discontinued his suit.

Section 7. When the costs are secured by the provisions of an attachment or other bond, filed by the party required to give security for costs, no further security shall be required.

Section 8. All laws, orders and decrees, or parts thereof, in conflict with this order, are hereby repealed, provided, that this order shall not be construed to impair the power conferred upon the courts in respect to costs by Article III of the Executive Order of September 29, 1911, "To Amend Sections 51, 62, and 526, And To Repeal Sections 63 and 529 of The Code of Civil Procedure Of The Canal Zone."

Section 9. This order shall take effect sixty days from this date.

Woodrow Wilson.

The White House, 14 August, 1914.