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CANAL ZONE CODE

AN ACT OF THE CONGRESS OF THE UNITED STATES

OF AMERICA TO ESTABLISH A CODE OF LAWS

FOR THE CANAL ZONE, APPROVED

JUNE 19, 1934

TOGETHER WITH

AN APPENDIX CONTAINING CERTAIN TREATIES AND

GENERAL LAWS OF THE UNITED STATES APPLICABLE IN OR RELATING TO THE CANAL

ZONE OR THE PANAMA CANAL

UNITED STATES

GOVERNMENT PRINTING OFFICE WASHINGTON : 1934
34 6-^Z

C ^/o^c
CONTENTS

Page Preface v Table of titles: Title 1. Personal and Civil Rights 1

2. Operation and Maintenance of the Canal and Government

of the Canal Zone Generally 3

3. The Civil Code 41

4. The Code of Civil Procedure 319

5. The Criminal Code 637

6. The Code of Criminal Procedure 729

7. The Judiciary 821 Appendix:

Treaties 833

General laws 869

Parallel reference tables 1017 Index ^ _ 1039

7 ^^33

xn

PREFACE

This Code of Laws for the Canal Zone embraces all the laws relat- ing to or applying in the Canal Zone, except such general laws of

the United States as relate to or apply in the Canal Zone.

The preparation of the code was authorized by the act of Congress

approved May 17, 1928 (45 Stat. 596), which authorized the President to have all the laws in force in the Canal Zone revised and

codified, and to report the same to Congress for its approval. Under

authority of that act, the President placed the work of revision and

codification under the supervision of the Governor of the Panama

Canal, and ordered the appointment of Paul A. Bentz as codifier. Mr. Bentz remained in active charge of the codification until its completion.

The material included in the code has its source in acts of Congress,

in certain acts and ordinances of the former Isthmian Canal Commission which were ratified and confirmed as valid and binding by

Congress in the Panama Canal Act of 1912, and, in a limited number

of sections, in Executive orders of the President which were likewise

ratified and confirmed by Congress.

The code embodies the existing laws without substantive change

except in the cases of 29 sections wherein alteration was found to be

desirable in the interests of uniformity and effectiveness. Twenty

of the changes consist in the elimination of minimum punishments

from the following sections of Title 5, The Criminal Code : Sections

92, 93, 103, 131, 175, 206, 293, 363, 644, 654, 737, 753, 789, 803, 823,

828, 830, 836, 839, and 843. The other sections embodying substantive change are as follows : Title 2, sections 33, 158, and 159 ; title 4,

section 1706; and title 5, sections 257, 281, 401, 603, and 787. Citations or "credits" are employed following the text of such

sections only as were enacted or amended by Congress prior to the

enactment of this code. In the cases of Title 3, The Civil Code, and

Title 4, The Code of Civil Procedure, citations have been restricted

to the first section in order to avoid unnecessary repetition.

The appendix is designed to afford a convenient means of refer- ence to certain treaties and general laws of the United States applicable in or relating to the Canal Zone or the Panama Canal. An

attempt has been made to represent all general laws which are applicable, setting forth the text of the law in the cases wherein that course is warranted by the extent of the practical application of

the law and in all other cases inserting an appropriate reference to the law under a proper heading.

It is sought in the parallel reference tables to facilitate reference

to the former law by showing the origin thereof, whether in act of

Congress, Executive order, or act or ordinance of the Isthmian Canal

Commission, and, in addition, in the cases of titles 3 to 6, to show

the sources of the sections in the California law in order to render more accessible the decisions of the California courts construing those

sections.

June 19, 1934

[H.R. 8700]

[Public No. 431]

Chapter 667

THE CANAL ZONE CODE

SEVENTY-THIRD CONGRESS, UNITED STATES OF AMERICA

AN ACT

To establish a Code of Laws for the Canal Zone

and for other purposes

Be it enacted hy the Senate and House of Representatives of the

United States of Anierica in Congress assembled^ Tliat the seven titles liereinafter set fortli sliall constitute tlie Code of Laws for the Canal

Zone and shall, for all purposes, establish conclusively, and be deemed

to embrace, all the permanent laws relating to or applying in the

Canal Zone in force on the date of enactment of this Act, except such

general laws of the United States as relate to or apply in the Canal

Zone. Such code shall be designated as the " Canal Zone Code " and

shall take effect on the expiration of ninety days after the date of

enactment of this Act. Copies of such code printed at the Government Printing Office and bearing its imprint shall be conclusive

evidence of the original of such code.

Sec. 2. The said Canal Zone Code shall not be published in the

Session Laws or Statutes at Large, and there shall be printed and

bound, as may be directed by the Joint Committee on Printing, such

number of copies thereof as may be required for official use and

distribution, including an index and any other explanatory matter

the committee may deem necessary.

VII

CANAL ZONE CODE

TITLE 1.—PERSONAL AND CIVIL RIGHTS

Section 1. Personal and civil rights and guarantees.—There are certain great principles of government which have been made the

basis of an existence as a nation which are deemed essential to the

rule of law and the maintenance of order, and which shall have force

in the Canal Zone. The principles referred to may be generally

stated as follows:

a. That no person shall be deprived of life, liberty or property

without due process of law;

b. That private property shall not be taken for public use without

just compensation;

c. That in all criminal prosecutions the accused shall enjoy the

right : (1) To a speedy and public trial; (2) To be informed of the nature and cause of the accusation;

(3) To be confronted with the witnesses against him;

(4) To have compulsory process for obtaining witnesses in his

favor; and

(5) To have the assistance of counsel for his defense;

d. That excessive bail shall not be required nor excessive fines imposed, nor cruel or unusual punishments inflicted;

e. That no person shall be put twice in jeopardy for the same

offense, or be compelled in any criminal case to be a witness against

himself;

f. That the right to be secure against unreasonable searches and

seizures shall not be violated;

g. That neither slavery nor involuntary servitude shall exist

except as a punishment for crime;

h. That no bill of attainder or ex post facto law shall be passed

i. That no law shall be passed abridging the freedom of speech or

of the press, or of the rights of the people to peaceably assemble and

petition the government for a redress of grievances; and

j. That no law shall be made respecting the establishment of

religion or prohibiting the free exercise thereof.

Ckoss-Res^rences

Rights of defendant in criminal action, see also title 6, section 14. Right to jury trial, see title 4, section 441 ; title 6, section 302 ; and title 7, section 33. Modes of conviction of public offense, see title 6, section 15. Prohibition of unnecessary restraint before conviction, see title 6, section 11. Prohibition of second prosecution for same offense, see also title 6, sections 8 and 9. No person compelled in criminal action to be witness against himself, see also

title 6, sections 10 and 673. 1

OPERATION, MAINTENANCE, AND GOVERNMENT IT. 2, § 2

TITLE 2.—OPERATION AND MAINTENANCE OF THE

CANAL AND GOVERNMENT OF THE CANAL ZONE

GENERALLY

Sec. General provisions .- - 1 Accounting for funds. 31 Administering oaths and summoning wit- nesses 41 Business operations 51 Customs service 61 Employees 81 Exclusion and deportation of persons 141 Inspection of vessels..- 151 Intoxicating liquors (note) Keeping and impounding of domestic ani- mals 201 Notaries public 211 Panama Railroad Co.; railroads 221Ch. Sec.

13. Pardons and reprieves and remission of

fines and forfeitures 261

14. Postal service 271

15. Protection of birds and their nests 291

16. Public lands 301

17. Public roads and highways; vehicles; ferries.... 321

18. Purchase of supplies 351

19. Radio equipment on ocean-going vessels using ports 361

20. Sanitation, health, and quarantine 371

21. Seamen 391

22. Taxes and licenses 401

23. Tolls for use of Canal 411

24. Wireless telegraphic installations 421 CHAPTER 1.—GENERAL PROVISIONS

Sec.

1. Short title of organic act ; reservation

of right to alter, amend or ropeaW

2. Establishment of Canal Zone.

3. Acquisition of additional land ; ex- change of land.

4. Towns and subdivisions of Canal Zone.

5. Government and operation of Canal and government of Canal Zone.

6. Appointment, term and salary of Governor.

7. Control and jurisdiction of Governor

over Canal Zone.

Sec.

8. Army control in time of war or when

war is imminent.

9. Regulations governing operation of Canal, pilotage and navigation.

10. Damages for injuries to vessels, cargo

or passengers in passing through

11. Canal closed to violators of anti-trust

laws.

12. Regulation by Governor of anchorage and movement of vessels in time of national emergency. Section 1. Short title of organic act; reservation of right to

alter, amend or repeal.—^The Act entitled "An Act to provide for

the opening, maintenance, protection, and operation of the Panama

Canal, and the sanitation and government of the Canal Zone," approved August 24, 1912 (ch. 390, 37 Stat. 560), shall be known and

referred to as the Panama Canal Act, and the right is expressly

reserved:

a. To alter, amend or repeal any or all of its provisions; and

b. To extend, modify or annul any rule or regulation made under

its authority. (Aug. 24, 1912, ch. 390, sec. 14, 37 Stat. 569 [U.S. Code,

title 48, sec. 1301].)

2. Establishment of Canal Zone.—The zone of land and land

under water of the width of ten miles extending to the distance of

five miles on each side of the center line of the route of the canal

constructed thereon, which zone begins in the Caribbean Sea three

marine miles from mean low-water mark and extends to and across the Isthmus of Panama into the Pacific Ocean to the distance of

three marine miles from mean low-water mark, excluding therefrom

the cities of Panama and Colon and their adjacent harbors located

within said zone, as excepted in the treaty with the Republic of

Panama dated November 18, 1903, but including all islands within

said described zone, and in addition thereto the group of islands

in the Bay of Panama named Perico, Naos, Culebra and Flamenco,

and any lands and waters outside of said limits above described
T. 2, § 3] OPERATION, MAINTENANCE, AND GOVERNMENT

which are necessary or convenient or from time to time may become

necessary or convenient for the construction, maintenance, operation,

sanitation or protection of the said canal or of any auxiliary canals,

lakes or other works necessary or convenient for the construction,

maintenance, operation, sanitation or protection of said canal, the

use, occupancy or control whereof were granted to the United States

by the treaty between the United States and the Republic of Panama,

the ratifications of which were exchanged on February 26, 1904:, shall be known and designated as the Canal Zone, and the canal constructed thereon shall be known and designated as the Panama

Canal. (Aug. 24, 1912, ch. 390, sec. 1, 37 Stat. 560 [U.S. Code, title 48, sec. 1302].)

3. Acquisition of additional land; exchange of land.—The President is authorized, by treaty with the Republic of Panama

a. To acquire any additional land or land under water not already

granted, or which was excepted from the grant, that he may deem

necessary for the operation, maintenance, sanitation or protection

of the Panama Canal; and

b. To exchange any land or land under water not deemed neces- sary for such purposes, for other land or land under water which

may be deemed necessary for such purposes;

Which additional land or land under water so acquired shall

become part of the Canal Zone. (Aug. 24, 1912, ch. 390, sec. 1, 37 Stat. 560 [U.S. Code, title 48, sec. 1302].)

Cross-Re^^bence For convention between United States and Panama defining the boundary

line of the Canal Zone, see appendix, p. 848. 4. Towns and subdivisions of Canal Zone.—The President is authorized to determine or cause to be determined what towns shall

exist in the Canal Zone, and subdivide and from time to time resubdivide the Canal Zone into subdivisions, to be designated by name

or number, so that there shall be situated one town in each subdivision, and the boundaries of each subdivision shall be clearly

defined. (Aug. 24, 1912, ch. 390, sec. 7, 37 Stat. 564; Sept. 21, 1922,

ch. 370, sec. 1, 42 Stat. 1004; Feb. 16, 1933, ch. 91, sec. 1, 47 Stat. 814

[U.S. Code, title 48, sec. 1341].)

CB088-ReFEBENCE8

Magistrate's court in each town, see title 7, section 1. Revocable licenses for lots in town sites, see section 304 of this title. 5. Government and operation of Canal and government of Canal

Zone.—The President is authorized to govern and operate the

Panama Canal and govern the Canal Zone, or cause them to be

governed and operated, through a Governor of the Panama Canal

and such other persons as he may deem competent to discharge

the various duties connected with the care, maintenance, sanitation,

operation, government and protection of the Canal and Canal Zone.

(Aug. 24, 1912, ch. 390, sec. 4, 37 Stat. 561 [U.S. Code, title 48, sec. 1305].)

Cboss-Reference

Appointment of necessary persons, see section 81 of this title.
OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 10

6. Appointment, term and salary of Governor.—^The Governor

of the Panama Canal shall be appointed by the President, by and

with the advice and consent of the Senate, commissioned for a term

of four years and until his successor is appointed and qualified. He

shall receive a salary of $10,000 a year. (Aug. 24, 1912, ch. 390, sec.

4, 37 Stat. 561 [U.S. Code, title 48, sec. 1305].)

7. Control and jurisdiction of Governor over Canal Zone.—The

Governor of the Panama Canal shall, in connection with the operation of the Canal

a. Have official control and jurisdiction over the Canal Zone; and

b. Perform all duties in connection with the civil government of

the Canal Zone, which is to be held, treated and governed as an

adjunct of the Canal. (Aug. 24, 1912, ch. 390, sec. T, 37 Stat. 564;

Sept 21, 1922, ch. 370, sec. 1, 42 Stat. 1004; Feb. 16, 1933, ch. 91

sec. 1, 47 Stat. 814 [U.S. Code, title 48, sec. 1307].)

8. Army control in time of war or when war is imminent.—In

time of war in which the United States is engaged or when in the

opinion of the President war is imminent, such officer of the Army as the President may designate shall, upon the order of the President, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all its adjuncts, appendants and appurtenances, including the entire control and government of the Canal

Zone. During a continuance of such condition the Governor of the

Panama Canal shall be subject to the order and direction of such

officer of the Army in all respects and particulars as to the operation

of the Canal and all duties, matters and transactions affecting the

Canal Zone. (Aug. 24, 1912, ch. 390, sec. 13, 37 Stat. 569 [U.S. Code,

title 48, sec. 1306].)

9. Regulations governing operation of Canal, pilotage and navigation.—The President is authorized to make, and from time to time

amend, regulations governing

a. The operation of the Panama Canal

b. The passage and control of vessels through the same or any

part thereof, including the locks and approaches thereto

c. Pilots and pilotage in the Canal or the approaches thereto

through the adjacent waters; and

d. The navigation of the harbors and other waters of the Canal

Zone, including the licensing of officers of vessels navigating such

waters. Any person violating any of the provisions of the rules and regulations established hereunder shall be punished by a fine of not more

than $100, or by imprisonment in jail for not more than thirty days,

or by both. (Aug. 24, 1912, ch. 390, sec. 5, 37 Stat. 562; July 5, 1932, ch. 425, 47 Stat. 578 [U.S. Code, title 48, sec. 1318].)

Cboss-Refekences

Inspection of vessels, see sections 151 to 160 of tliis title. Injury to, or obstruction of, Canal or locks, see title 5, sections 255 and 821. 10. Damages for injuries to vessels, cargo or passengers in

passing through locks.—The regulations authorized under the next

preceding section shall provide for prompt adjustment by agree-
T.2, §11] OPERATION, MAINTENANCE, AND GOVERNMENT

ment and immediate payment of claims for damages which may arise

from injury to vessels, cargo, or passengers from the passing of

vessels through the locks under the control of those operating them

under such rules and regulations. In case of disagreement action

may be brought in the district court against the Governor of the

Panama Canal. The hearing and disposition of such actions shall be expedited and the judgment shall be paid immediately out of

any moneys appropriated or allotted for Canal operation. (Aug.

24, 1912, ch. 390, sec. 5, 37 Stat. 562 [U.S. Code, title 48, sec. 1319].)

Ckoss-Retebence Establishment and designation of district court, see title 7, section 21.

11. Canal closed to violators of anti-trust laws.—No vessel per- mitted to engage in the coastwise or foreign trade of the United

States shall be permitted to enter or pass through the Panama Canal

if such ship is owned, chartered, operated, or controlled by any per- son or company which is doing business in violation of the provisions of the anti-trust laws (U.S. Code, title 15, sees. 1 to 27), or

of any other Act of Congress amending or supplementing the same. The question of fact may be determined by the judgment of any

court of the United States of competent jurisdiction in any cause pending before it to which the owners or operators of such ship are

parties. Suit may be brought by any shipper or by the Attorney

General of the United States. (Aug. 24, 1912, ch. 390, sec. 11, 37

Stat. 567 [U.S. Code, title 15, sec. 31].)

12. Regulation by Governor of anchorage and movement of vessels in time of national emergency.—Within the territory and

waters of the Canal Zone the Governor of the Panama Canal, with

the approval of the President, shall exercise all the powers conferred

by section 1 of the Act of June 15, 1917 (ch. 30, title II, 40 Stat. 220

[U.S. Code, title 50, sec. 191]), on the Secretary of the Treasury.

(June 15, 1917, ch. 30, title II, sec. 1, 40 Stat. 220 [U.S. Code, title 50, sec. 191].) CROSS-REFERiBNCES

Failure to observe regulations, see U.S. Code, title 50, section 192 (appendix,

p. 1014). Jurisdiction of district court and duties of district attorney in relation to offenses, see U.S. Code, title 50, section 39 (appendix, p. 1012).

CHAPTER 2.—ACCOUNTING FOR FUNDS

Sec. 31. Consolidation of functions in relation

to the various funds.

32. Accounting by collecting oflScers of Panama Canal.

Sec.

33. Examination of accounts by persona de- tailed from General Accounting

Office.

Section 31. Consolidation of functions in relation to the various

funds.—The consolidation of the functions of receiving, dis- bursing and accounting for the funds of the Canal Zone Government

and the Panama Railroad operations on the Isthmus with the functions of receiving, disbursing and accounting for the funds appropriated for the Panama Canal is authorized in so far as may be practicable, but separate accounts shall be kept of the transactions under
OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 42 each fund. (Aug. 1, 1914, ch. 223, sec. 4, 38 Stat. 679 [U.S. Code,

title 48, sec. 1327].)

32. Accounting by collecting officers of Panama Canal.—The

collecting officers of the Panama Canal shall render their accounts in

such detail, and shall transmit with their accounts to the General

Accounting Office all such papers, records and copies relating to their

transactions as collectors, as shall be prescribed in regulations approved by the President, and, in his judgment, not incompatible with

the methods of accounting prescribed in the Budget and Accounting

Act, 1921 (U.S. Code, title 31, ch. 1). (Aug. 1, 1914, ch. 223, sec. 5, 38 Stat. 679 [U.S. Code, title 48, sec. 1328].)

33. Examination of accounts by persons detailed from General

Accounting Office.—In prescribing regulations under the provisions

of the next preceding section, the President shall provide that in lieu

of furnishing to the General Accounting Office individual detail

collection vouchers, two competent persons from the General Accounting Office, designated by the Comptroller General, shall be sent

at such time as may be designated by the Comptroller General, to the Canal Zone to examine the accounts and vouchers and verify the

submitted schedules of collections, and report in duplicate to the

General Accounting Office and the Auditor of the Panama Canal;

and such persons shall make such other examination into the accounts

of the Panama Canal as may be directed by the Comptroller General,

and for all such purposes they shall have access to all records and

papers pertaining thereto. Such persons shall be furnished trans- portation and traveling expenses out of such appropriations for the

Panama Canal as may be designated by the Governor. (Mar. 3,

1915, ch. 75, sec. 3, 38 Stat. 886 [U.S. Code, title 48, sec. 1329].)

CHAPTER 3.—ADMINISTERING OATHS AND SUMMONING

WITNESSES

Sec. 43. Process to compel attendance of wit- nesses and production of papers.

Sec. 41. Authority of certain officers to administer oaths for certification of papers.

42. Authority to summon witnesses and

require production of papers. Section 41. Authority of certain officers to administer oaths for

certification of papers.—Members of the board of local inspectors,

customs officers, quarantine officers, and admeasurers, appointed by

the Governor of the Panama Canal, may administer oaths for the

purpose of certifying the correctness of official papers. (July 5, 1932, ch. 422, sec. 1, 47 Stat. 576.)

Ceoss-Refekence

Administration of oaths by judicial and other oflacers, see title 4, section

2171. 42. Authority to summon witnesses and require production of

papers.—The officers designated in the next preceding section may:

a. Summon witnesses to testify in matters within the jurisdiction

of such officers; and

b. Require the production of books and papers necessary thereto.

(July 5, 1932, ch. 422, sec. 2, 47 Stat. 577.)
T. 2, § 43] OPERATION, MAINTENANCE, AND GOVERNMENT

43. Process to compel attendance of witnesses and production

of papers.—The district court may

a. Issue processes at the request of the designated Canal officers to compel the attendance of witnesses and the production of books

and papers; and

b. Funish for contempt of court any person who refuses to obey

such processes, or who refuses to be sworn or to answer any material

or proper question after being duly sworn. (July 5, 1932, ch. 422,

sec. 2, 47 Stat. 577 [U.S. Code, title 48, sec. 1345a].)

CHAPTER 4.—BUSINESS OPERATIONS

Sec. 51. Providing materials, supplies, and services for vessels.

See. 52. Receipts from such business ; appropriation for expenditure and reinvest- ment. Section 51. Providing materials, supplies, and services for

vessels.—The President is authorized to establish, maintain and

operate, through the Panama Kailroad Company or otherwise, dry

docks, repair shops, yards, docks, wharves, warehouses, storehouses

and other necessary facilities and appurtenances for the purpose of

providing coal and other materials, labor, repairs and supplies for

vessels of the Government of the United States and, incidentally,

for supplying such at reasonable prices to passing vessels, in accord- ance with appropriations hereby authorized to be made from time

to time by Congress as a part of the maintenance and operation of

the Panama Canal. (Aug. 24, 1912, ch. 390, sec. 6, 37 Stat. 563

[U.S. Code, title 48, sec. 1323].)

52. Receipts from such business; appropriation for expenditure

and reinvestment.—Moneys received from the conduct of the busi- ness referred to in the next preceding section, may be expended and

reinvested for such purposes without being covered into the Treasury

of the United States ; and such moneys are hereby appropriated for

such purposes, but all deposits of such funds shall be subject to the

provisions of existing law relating to the deposit of other public funds

of the United States, and any net profits accruing from such business

shall annually be covered into the Treasury of the United States. Monthly reports of such receipts and expenditures shall be made

to the President by the persons in charge, and annual reports shall

be made to the Congress. (Aug. 24, 1912, ch. 390, sec. 6, 37 Stat. 563 [U.S. Code, title 48, sec. 1323].)

CHAPTER 5.—CUSTOMS SERVICE

Sec.

61. Control by Governor of importation of

articles or merchandise ; regulations.

62. Offenses in relation to entry or importation of articles or merchandise.

63. Seizure and confiscation of articles il- legally imported or obtained.

64. Omission of merclumdise from manifest; penalty and forfeiture.

Sec.

65. Omission of sea stores from list ; land- ing of sea stores ; penalty and for- feiture. 66. Powers of officers performing duties in relation to customs.

67. Fees of customs officers.

Section 61. Control by Governor of importation of articles or merchandise; regulations.—The Governor of the Panama Canal

shall

a. Have control for customs purposes over all articles introduced

into the Canal Zone including passengers' baggage ; and
OPERATION, MAINTENANCE. AND GOVERNMENT [T. 2, § 65

b. Have authority to establish, and to alter and amend from time

to time, rules and regulations governing: , ^ i v -i (1) The entry and importation of goods into the Canal Zone; and

(2) The disposition of goods brought into the Canal Zone in

violation of such regulations. (Feb. 16, 1933, ch. 90, sec. 1, 47 btat.

813 [U.S. Code, title 48, sec. 1325a].)

62. Offenses in relation to entry or importation of articles or merchandise.—Any person who shall:

a. Enter or import, or attempt to enter or import, any articles or merchandise into the Canal Zone before the entry or importation

of such articles or merchandise has been approved by the proper

officers of the Canal Zone; i i

. • b. Pass, or attempt to pass, any false, forged or fraudulent in- voice, bill or other paper, for the purpose of securing the entry or importation of any articles or merchandise into the Canal Zone in

violation of the rules and regulations established under the authority

of the next preceding section ; or ,,.,-, n ^, c. Violate any of the rules and regulations established under the

authority of the next preceding section

, . . Shall be punished by a fine of not more than $100, or by imprisonment in jail for not more than ninety days, or by both. (Feb. 16,

1933, ch. 90, sec. 3, 47 Stat. 813 [U.S. Code, title 48, sec. 1325c].)

63. Seizure and confiscation of articles illegally imported or

obtained.—Any article brought into or obtained in the Canal Zone

in violation of the rules and regulations established under the au- thority of section 61 of this title may be seized and held, and, unless

entered in conformity with such rules and regulations withm a period of thirty days from the date of seizure, may be confiscated and

disposed of as provided in such rules and regulations. (Feb. 16,

1933, ch. 90, sec. 3, 47 Stat. 813 [U.S. Code, title 48, sec. 1325c].)

64. Omission of merchandise from manifest; penalty and forfeiture.—If any vessel arriving at the Canal Zone from any port,

other than a port in the Canal Zone or the Republic of Panama, is found to have on board merchandise not manifested, the master of

such vessel shall be liable to a penalty equal in amount to the value

of the merchandise not manifested, and all such merchandise belonging to or consigned to or for the officers or crew of the vessel shall be forfeited : Provided, however, That such penalty shall not

be imposed if it is made to appear to the customs officers, or to the court in which the trial is held, that no part of the cargo has been

unloaded except as accounted for in the master's report, and that

the errors and omissions in the manifest were made without fraud or

collusion ; and in such case the master may be allowed to correct his

manifest by means of a post entry. A permit shall not be granted

to unload any such merchandise so omitted from the manifest before

post entry or addition to report or manifest has been made. (Feb.

16, 1933, ch. 90, sec. 4, 47 Stat. 813 [U.S. Code, title 48, sec. 1325d].)

65. Omission of sea stores from list; landing of sea stores; penalty and forfeiture.—If sea stores are found on board a vessel from any port, other than a port in the Canal Zone or the Republic of

93083—34 2 9
T. 2, § 66] OPERATION, MAINTENANCE, AND GOVERNMENT

Panama, which are not specified in the list furnished the boarding

officer, or if a greater quantity of such articles is found than that

specified in such list, or if any of such articles are landed without

a permit being first obtained from the customs officer for that purpose, all of such articles omitted from the list or manifest, or so landed, shall be seized and forfeited, and the master of the vessel

shall be liable to a penalty treble the value of the articles so omitted

or landed. (Feb. 16, 1933, ch. 90, sec. 5, 47 Stat. 814 [U.S. Code, title 48, sec. 1325e].)

66. Powers of officers performing duties in relation to cus- toms.—Customs officers in the Canal Zone, including deputy shipping commissioners and boarding officers when performing duties m

relation to customs, shall have general powers of search, seizure, and

arrest. In the exercise of these powers such officers may:

a. Enter any building other than a dwelling house

b. Stop vessels and vehicles;

c. Search vessels, vehicles, and their contents ; and

d. Stop and search persons and any packages carried by them.

Such rights of entry, stopping, search, seizure, and arrest shall be

exercised only when there are reasonable grounds for suspecting

violations of the customs rules and regulations authorized under sec- tion 61 of this title or of the United States applicable in the Canal

Zone. (Feb. 16, 1933, ch. 90, sec. 2, 47 Stat. 813 [U.S. Code, title 48, sec. 1325b].)

67. Fees of customs officers.—A customs officer of the Canal Zone

may collect a fee, equivalent to the fee prescribed by the United

States consular regulations for the same act or service when per- formed by consular officials, whenever he shall

a. Certify an invoice, landing certificate, or other similar document ; b. Register a marine note of protest ; or

c. Perform any notarial service. (Aug. 21, 1916, ch. 371, sec. 8, 39 Stat. 528 [U.S. Code, title 48, sec. 1326].)

Cross-Refebet^ce Authority to certify invoices for merchandise shipped to United States from

Canal Zone, see U.S. Code, title 19, section 1482 (appendix, p. 957).

CHAPTER 6.—EMPLOYEES

Art. Sec. Appointment and compensation in

ficnoral 81 Retirement of Canal and Railroad employees on Isthmus who are

citizens 01

Art. Sec.

3. Compensation for injuries to Canal and Railroad employees 121

ARTICLE 1.—APPOINTMENT AND COMPENSATION IN GENERAL

Sec.

81. Appointment, removal, and compensation of necessary persons.

82. Deduction from compensation of per-

.sons in military or naval service.

Sec.

83. Deduction from compensation of amounts due for supplies or services.

Section 81. Appointment, removal, and compensation of neces- sary persons.—AH persons, other than the Governor of the Panama

10
OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 83

Canal, necessary for the care, management, maintenance, sanitation,

government, operation, and protection of the Canal and Canal Zone

shall:

a. Be appointed by the President or by his authority;

b. Be removable at the pleasure of the President ; and

c. Receive such compensation as shall be fixed by the President

or by his authority until such time as Congress may by law regulate

the same, but salaries or compensation fixed by the President hereunder shall in no instance exceed by more than 25 per centum the

salary or compensation paid for the same or similar services to per- sons employed by the Government in continental United States. (Aug. 24, 1912, ch. 390, sec. 4, 37 Stat. 561 [U.S. Code, title 48,

sec. 1305].)

82. Deduction from compensation of persons in military or naval service.—If any of the persons appointed or employed as provided in sections 6 and 81 of this title are in the military or naval

service of the United States, the amount of the official salary paid

to any such person shall be deducted from the amount of salary or compensation provided by or which shall be fixed under the terms of

those sections, but this section shall not be construed as requiring the

deduction from the amount of such salar}^ or compensation, of

a. The retired pa}^ or allowances of any retired warrant officer or

enlisted man of the Army, Navy, Marine Corps, or Coast Guard ; or

b. The training pay, retainer pay or allowances of any warrant

officer or enlisted man of the reserve forces of the Army, Navy,

Marine Corps, or Coast Guard. (Aug. 24, 1912, ch. 390, sec. 4, 37

Stat. 561 [U.S. Code, title 48, sec. 1305] ; Mar. 12, 1928, ch. 213,

45 Stat. 310 [U.S. Code, title 48, sec. 1305a].

CB0S8-ReI"E[RENCES

Double salaries, generally, see U.S. Code, title 5, sections 58 to 59a

(appendix, p. 870).

Holding other lucrative office, see U.S. Code, title 5, section 62 (appendix,

p. 871).

83. Deduction from compensation of amounts due for supplies or services.—All amounts due from employees, whether to the

Panama Canal, Panama Railroad Company, or contractor, for trans- portation, board, supplies or any other service, are hereby authorized

to be deducted from the compensation otherwise pa3^able to such

emplo3^ees, and to be paid to the authorized parties or to be credited

to the appropriation out of which the transportation, board, supplies, or other service was originally paid. (Mar. 4, 1907, ch. 2918, sec. 8, 34 Stat. 1371.)

Cboss-Reference

Application of pay to indebtedness due United States on removal of employee

for cause, see U.S. Code, title 5, section 46a (appendix, p. 870).

11
T. 2, § 91] OPERATION, MAINTENANCE, AND GOVERNMENT

ARTICLE 2. -RETIREMENT OF CANAL AND RAILROAD EMPLOYEES

ON ISTHMUS WHO ARE CITIZENS

Sec. 91. Employees to whom article applies.

92. Automatic retirement ; optional retire- ment at 60 in certain cases. Voluntary retirement.

Di.sability retirement ; requirement of medical examination. Involuntary separation from the service. Method of computing annuities.

97. Computation of accredited service. 98. Credit for past service.

93. 94.

95.

96.

Sec.

99. Deductions.

100. Investments and accounts.

101. Return of amounts deducted from

salaries. 102. Payment of annuities.

103. Benefits extended to those already re- tired. 104. Board of actuaries. 105. Administration.

106. Moneys not assignable or subject to legal process. 107. Effective date. 91. Employees to whom article applies.—All employees of the

Panama Canal on the Isthmus of Panama and all employees of

the Panama Railroad Company on the Isthmus of Panama, who are

citizens of the United States and whose tenure of employment is not intermittent nor of uncertain duration, shall come within the

provisions of this article. (Mar. 2, 1931, ch. 375, sec. 1, 46 Stat. 1471

[U.S. Code, title 48, sec. 1371].)

92. Automatic retirement; optional retirement at 60 in certain

cases.—All employees to whom this article applies shall, after reaching the age of sixty-two years and having rendered at least fifteen

years of service on the Isthmus of Panama, be automatically sep- arated from the service and retired on the annuity provided for

herein; and all salary, pay, or compensation shall cease from that

date.

On and after July 1, 1932, no employee to whom this article applies who shall have reached the retirement age prescribed for auto- matic separation from the service, shall be continued in such service,

notwithstanding any provision of law or regulation to the contrary: Provided, That the President may, by Executive order, exempt

from the provisions of this paragraph any person when, in his

judgment, the public interest so requires : Provided further, That no

such person heretofore or hereafter separated from the service under

any provision of law or regulation providing for such retirement on

account of age shall be eligible again to appointment to any appointive office, position, or employment to which this article applies:

Provided further, That this paragraph shall not apply to any person

named in any Act of Congress providing for the continuance of

such person in the service.

All employees to whom this article applies who would be eligible

for retirement from the service upon attaining the age of sixtytwo years shall, after attaining the age of sixty years and having

rendered at least thirty years' service, computed as provided in section 97 of this title, be eligible for retirement on an annuity

as provided in section 96 of this title. Retirement under the

provisions of this paragraph shall be at the option of the employee,

but if such option is not exercised prior to the date upon which the

employee would otherwise be eligible for retirement from the service,

the provisions of this article with respect to automatic separation

from the service shall apply. (Mar. 2, 1931, ch. 375, sec. 2, 46 Stat. 1471 [U.S. Code, title 48, sec. 1371a] ; June 30, 1932, ch. 314, sec. 204, 47 Stat. 404 [U.S. Code, title 5, sec. 692b].)

12
OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 94

93. Voluntary retirement.—(a) Any employee to whom this arti- cle applies who shall have attained the age of fifty-five and rendered

at least twenty-five years of service, of which not less than fifteen years shall have been rendered on the Isthmus of Panama, may vol- untarily retire on an annuity equivalent in value to the present worth

of a deferred annuity beginning at the age at which the employee

would otherwise have become eligible for retirement, computed as provided in section 96 of this title, the present worth of said deferred

annuity to be determined on the basis of the American Experience

Table of Mortality and an interest rate of 4 per centum, compounded

annually.

(b) Any employee to whom this article applies may voluntarily

retire on an annuity computed as provided in section 96, who shall have attained the age of fifty-five and rendered at least thirty

years of service on the Isthmus of Panama (inclusive of absences

while in the service of the United States during the World War), of

which not less than three years shall have been in the employment

of the Isthmian Canal Commission or the Panama Railroad Company between May 4, 1904, and April 1, 1914. (Mar. 2, 1931, ch. 375, sec. 3, 46 Stat. 1472 [U.S. Code, title 48, sec. 1371b].)

94. Disability retirement; requirement of medical examinations.—(a) Any employee to whom this article applies who shall have

attained the age of fifty-five years and shall have rendered at least

fifteen years of service on the Isthmus of Panama, and who shall

have become physically or mentally disqualified to perform satis- factorily and efficiently the duties of his position or of any other

position of approximately equal compensation to which he might be

assigned, because of the strenuous or hazardous nature of such posi • lion, shall, upon the request or order of the Governor of the Panama

Canal, be retired on an annuity computed in accordance with the

provisions of section 96 of this title: Provided, That no such employee shall be so retired except after an examination and finding

as to his mental or physical disqualifications as hereinafter provided.

(b) Any employee to whom this article applies who shall have

.served for a total period of not less than five years, and who, before

becoming eligible for retirement under the conditions defined in

section 92 of this title, shall have become totally disabled for useful

and efficient service in the grade or class of position occupied by the

employee, by reason of disease or injury not clue to vicious habits,

intemperance, or willful misconduct on the part of the employee,

shall upon his own application or upon request or order of the Governor of the Panama Canal, be retired on an annuity computed in

accordance with the provisions of section 96 of this title. No claim shall be allowed under the provisions of this section

unless the application for retirement shall have been executed prior

to the applicant's separation from the service or within six months

thereafter. No employee shall be retired under the provisions of

this section unless he or she shall have been examined by a medical

officer of the United States, or a duly qualified physician or surgeon

or board of physicians or surgeons, designated by the Administrator

of Veterans' Affairs for that purpose, and found to be disabled in the

degree and in the manner specified herein.

13
T. 2, § 94] OPERATION, MAINTENANCE, AND GOVERNMENT

Every annuitant retired under the provisions of this section, unless

the disability for which he was retired be permanent in character,

shall at the expiration of one year from the date of such retirement

and annually thereafter, until reaching retirement age as defined in

section 92 of this title, be examined under the direction of the

Administrator of Veterans' Affairs by a medical officer of the United

States, or a duly qualified physician or surgeon, or board of physicians or surgeons designated by the Administrator of Veterans'

Affairs for that purpose, in order to determine the nature and degree

of the annuitant's disability, if any. If an annuitant shall recover before reaching the age at which he would otherwise have become

eligible for retirement and be restored to an earning capacity which

would permit him to be appointed to some appropriate position

fairly comparable in compensation to the position occupied at the

time of retirement, payment of the annuity shall be continued temporarily to afford the annuitant opportunity to seek such available

position, but not in any case exceeding ninety days from the date

of the medical examination showing such recovery.

If the annuitant shall fail to obtain reemployment through no fault

of his own within the ninety-day period in any position included

in the provisions of this article, he shall be considered as involuntarily separated from the service as of the date he shall have been

retired for disability, and if otherwise eligible, entitled to an annuity

under section 95 of this title to begin at the close of said ninety-day

period based on the service rendered prior to his retirement for

disability.

The Administrator of Veterans' Affairs may order or direct at any time such medical or other examination as he shall deem neces- sary to determine the facts relative to the nature and degree of

disability of any employee retired on an annuity under this section.

Should an annuitant fail to appear for any examination required

under this section, payment of the annuity shall be suspended until

the requirement shall have been met. In all cases where the annuity is discontinued under the provisions

of this section before the annuitant has received a sum equal to the

amount credited to his individual account as provided in paragraph

(a) of section 101 of this title, together with interest at 4 per centum

per annum compounded on June 30 of each year, the difference,

unless he shall become reemployed in a position within the purview

of this article, shall be paid to the retired employee, as provided in

paragraj^h (b) of section 101 of this title, upon application therefor

in such form and manner as the Administrator of Veterans' Affairs

may direct. In case of reemployment in a position within the purview of this article the amount so refunded shall be redeposited as provided in paragraph (b) of section 101 of this title. No person shall be entitled to receive an annuity under the provisions of this article, and compensation under the provisions of

the Act of September 7, 1916 (ch. 458, 39 Stat. 742 [U.S. Code,

title 5, ch. 15]), covering the same period of time; but this provision

shall not be so construed as to bar the right of any claimant to the greater benefit conferred by either Act for any part of the same

period of time.

14
OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 95 Fees for examinations made under the provisions of this section,

by physicians or surgeons who are not medical officers of the United

States, shall be fixed by the Administrator of Veterans' Affairs, and

such fees, together with the employee's reasonable traveling and

other expenses incurred in order to submit to such examinations,

shall be paid out of the appropriations for the cost of administering

this article. (Mar. 2, 1931, ch. 375, sec. 4, 46 Stat. 1472 [U.S. Code,

title 48, sec. 1371c].)

Note.—A uniform retirement date for the authorized retirement of Federal

personnel is fixed by the Act of April 23, 1930 (ch. 209, sec. 1, 46 Stat. 253

[U.S. Code, title 5, sec. 47a]), which reads as follows:

" Retirement authorized by law of Federal personnel of whatever class, civil, military, naval, judicial, legislatire, or otherwise, and for whatever cause retired, shall take effect on the 1st day of the month following the mouth in which

said retirement would otherwise be effective, and said 1st day of the month for retirements made after July 1, 1930, shall be for all purposes in lieu of such

date for retirement as was on April 23, 1930, authorized ; except that the rate

of active or retired pay or allowance shall be computed as of the date retire- ment would have occurred if this section had not been enacted." Section 2 of the act (46 Stat. 253) provided as follows: "This Act shall become effective July 1, 1930. All laws or parts of laws, insofar as in conflict herewith, are repealed."

95. Involuntary separation from the service.—Should any employee fifty-five years of age or over to whom this article applies,

after having served for a total period of not less than fifteen years

and before becoming eligible for retirement under the conditions

defined in section 92 of this title, become involuntarily separated from

the service, not by removal for cause on charges of misconduct or delinquency, such employee shall be paid as he may elect, either

(a) The amount of the deductions from his basic salary, pay, or compensation, including accrued interest thereon computed as pre- scribed in ]3aragraph (b) of section 101 of this title; (b) An immediate life annuity beginning at the date of separation

from the service, having a value equal to the present worth of a deferred annuity beginning at the age at which the employee would

otherwise have become eligible for retirement, computed as provided

in section 96 of this title, the present worth of said deferred annuity

to be determined on the basis of the American Experience Table of

Mortality and an interest rate of 4 per centum, compounded an- nually; or

(c) A deferred annuity beginning at the age at which the employee would otherwise become eligible for retirement computed as provided in section 96 of this title. Any employee who has served for a period of not less than fifteen years, and who is forty-five years of age, or over, and less than fifty- five years, and who becomes separated from the service under the

conditions set forth in this section shall be entitled to a deferred

annuity, but such employee may, upon reaching the age of fifty-five years, elect to receive an immediate annuity as provided in paragraph

(b) of this section.

Should an annuitant under the provisions of this section be re- employed in any position included in the provisions of this article,

payment of annuity shall not be allowed covering the period of such

15
T. 2, § 96] OPERATION, MAINTENANCE, AND GOVERNMENT

reemployment, and an annuity based upon involuntary separation

shall not be allowed upon subsequent separation from the service

unless such subsequent separation shall be involuntary. (Mar. 2,

1931, ch. 375, sec. 5, 46 Stat. 1474 [U.S. Code, title 48, sec. 1371d].)

Note.—With respect to involuntary separation from tlie service between June 16, 1933, and July 1, 1935, by a person having at least 30 years' service, act of June 16, 1933 (ch, 101, sec. 8, par. (b), 48 Stat. 305 [U.S. Code, title 48, sec. 1371 bb]), provides as follows:

" Whenever at any time hereafter prior to July 1, 1935, any person to whom

the Canal Zone Retirement Act, approved March 2, 1931 (Public, Numbered 781, Seventy-first Congress), applies, who has an aggregate period of service of at

least thirty years computed as prescribed in section 7 of such Act (section 97

of this title), is involuntarily separated from the service for reasons otlier than his misconduct, such employee shall be entitled to an annuity computed

as provided in section 6 of such Act (section 96 of this title) payable from the Canal Zone retirement and disability fund less a sum equal to 5 ijer centum

of such annuity : Provided, That when an annuitant hereunder attains the age

at which he w^ould have been entitled to retirement with annuity computed

as provided in section 6 of such Act (section 96 of this title), such deduction

from the annuity shall cease. If and when any such annuitant shall be reemployed in the service of the District of Columbia or the United States (including any corporation the majority of the stock of which is owned by

the United States), the right to the annuity provided by this section shall cease and the subsequent annuity rights of such person shall be determined in accord- ance with the applicable provisions of retirement law existing at the time of the subsequent separation of such person from the service." 96. Method of computing annuities.—The annuity of an employee retired under the provisions of this article shall be composed

of—

(1) A sum equal to $37.50 multiplied by the number of years of

service, not to exceed thirty years, rendered (a) on the Isthmus

of Panama, or (b) in the military or naval service of the United

States in the Tropics; and

(2) The annuity purchasable with the sum to the credit of the employee's individual account, including accrued interest thereon computed as prescribed in paragraph (a) of section 101 of this title, according to the experience of the Canal Zone retirement and dis- ability fund as may from time to time be set forth in tables of

annuity values by the board of actuaries ; and

(3) Thirty dollars multiplied by the number of years of service

rendered and not allowable under paragraph (1) hereof: Provided,

That the number of years of service to be used in computing the

allowance under paragraph (3) shall not exceed the difference

between thirty and the number of allowable years of service under

paragraph (1) ; and

(4) Thirty-six dollars multiplied hj the number of years of service rendered on the Isthmus of Panama, either in the employ of the

Isthmian Canal Commission or the Panama Raih'oad Company,

between May 4, 1904, and April 1, 1914.

In no case, however, shall the total annuity paid exclusive of that

provided in paragraph (4) hereof, be less than an auiount equal to the sum of

The average annual basic salary, pay, or compensation, not to exceed $2,00() per annum, received by the employee during any five consecutive years of allowable service at the option of the employee,

16
OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 97

multiplied by the number of years of service used in computing the

annuity under paragraph (1) hereof, and divided by forty; and

the average annual basic salary, pay, or compensation, not to exceed

$1,600 per annum, received by the employee during any hve consecutive years of allowable service at the option of the employee, multiplied by the number of years of service used in computing the

annuity under paragraph (3) hereof, and divided by forty: Frovlded, That the annuity paid a retiring emj^loyee ot the i'anama

Railroad Company in such service on June 30, 1931, shall be an amount equal to 2 per centum of the average annual basic salary,

pay, or compensation, not to exceed $5,000 per annum, received by

the employee during any five consecutive years of allowable service

at the option of the employee, multiplied by the number ot years

of allowable service rendered prior to July 1, 1931; plus the amount

to which the employee is entitled under the provisions of this section,

exclusive of paragraph (4), for service rendered subsequent to June

30 1931 : Provided, however, That the sum to be used in computing

the annuity purchasable under paragraph (2) of this section shall include only contributions made subsequent to June 30, 1931: Arul

provided further. That the number of years of service to be used

in computing the annuity under paragraph (1) and w) ot this

section shall not exceed the difference between thirty and the number of years of allowable service rendered prior to July 1, 1931.

The annuity granted under paragraphs (1), (3), and (4) ot this

section shall not exceed three fourths of the average annual basic

salary, pay, or compensation received by the employee during any

five consecutive years of allowable service at the option of the

employee. . , ^ ^

• • Any employee at the time of his retirement may elect to receive, m

lieu of the life annuity herein described, an increased annuity of

equivalent value which shall carry with it a proviso that no unex- pended part of the principal upon the annuitant's death shall be

returned. For the purposes of this article all periods of service shall

be computed in accordance with section 97 of this title, and the

annuity shall be fixed at the nearest multiple of twelve. _ The term " basic salary, pay, or compensation ", wherever used m

this article, shall be so construed as to exclude from the operation ot

the article all bonuses, allowances, overtime pay, or salary, pay, or compensation given in addition to the base pay of the position as

fixed by law or regulation. (Mar. 2, 1931, ch. 375, sec. 6, 46 Stat. 1474 [U.S. Code, title 48, sec. 1371e].)

97. Computation of accredited service.—Subject to the provisions

of section 98 of this title, the service which shall form the basis for

calculating the amount of any benefit provided in this article shall be

computed from the date of original employment, whether as a classi- fied or an unclassified employee, in the civil service of the United

States or under the municipal government of the District of Columbia, including periods of service at different times and in one or more

departments, branches, or independent offices of the Government, and

service on the Isthmus of Panama with the Isthmian Canal Commission, the Panama Canal, or the Panama Railroad Company; also

periods of service performed overseas under authority of the United

17
T. 2, § 98] OPERATION, MAINTENANCE, AND GOVERNMENT

States and periods of honorable service in the Army, Navy, Marine

Corps, or Coast Guard of the United States. In the case of an

employee, however, who is eligible for and elects to receive a pension

under any law, or retired pay on account of military or naval service, or compensation under the War Eisk Insurance Act, the period of his

military or naval service upon which such pension, retired pay, or compensation is based shall not be included, but nothing in this

article shall be so construed as to affect in any manner his right to a pension, or to retired pay, or to compensation under the War Risk

Insurance Act in addition to the annuity herein provided.

In computing length of service for the purposes of this article all periods of separation from the service, and so much of any leaves of

absencel without pay as may exceed six months in the aggregate in any calendar year, shall be excluded.

In determining the total periods of service upon which the allow- ances are to be computed under section 96 of this title, the fractional

part of a month, if any, shall be eliminated from each respective

total period. (Mar. 2, 1931, ch. 375, sec. 7, 46 Stat. 1476 [U.S. Code,

title 48, sec. 1371f].)

98. Credit for past service.—All employees coming within

the provisions of this article after July 1, 1931, shall be required to deposit with the Treasurer of the United States to the credit of

the Canal Zone retirement and disability fund referred to in sec- tion 99 of this title, under rules to be prescribed by the Administrator

of Veterans' Affairs, a sum equal to 2i/^ per centum of the employee's

basic salary, pay, or compensation received for services rendered

after July 31, 1920, and prior to July 1, 1926, and also 3i/2 per

centum of the basic salary, pay, or compensation for services ren- dered subsequent to June 30, 1926, together with interest computed

at the rate of 4 per centum per annum compounded on the last day

of each fiscal year, but such interest shall not be included for any

period during which the employee was separated from the service.

Upon making such deposit the employee shall be entitled to credit

for the period or periods of service involved : Provided, That no

such deposit shall be required on account of services rendered for

the Panama Railroad Company prior to January 1, 1924: Provided

further, That failure to make such deposit shall not deprive the

employee of credit for any past service for which no deposit is required under the provisions of this section. (Mar. 2, 1931, ch. 375,

sec. 8, 46 Stat. 1476 [U.S. Code, title 48, sec. 1371g].)

99. Deductions.—Beginning July 1, 1931, there shall be deducted

and withheld from the basic salary, pay, or compensation of each

employee to whom this article applies a sum equal to 5 per centum

of such em})loyee's basic salary, pay, or compensation. The amounts

so deducted and withheld from the basic salary, pay, or compensation of each employee shall be deposited with the Treasurer of the

United States to the credit of a special fund to be known as the

Canal Zone retirement and disability fund, in accordance with the

procedure now or hereafter prescribed for covering into the United

States Treasury the deductions from salaries under the Civil Service

Retirement Act (U.S. Code, title 5, c. 14), and said fund is hereby

18
OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 101

appropriated for the payment of the annuities, refunds, and allow- ances as provided in this article. Every employee coming within the provisions of this article shall

be deemed to consent and agree to the deductions from salary, pay,

or compensation as provided herein, and payment less such deductions shall be a full and complete discharge and acquittance of all claims and demands Avhatsoever for all regular services rendered by

such employee during the period covered by such payment, except

the right to the benefits to which he shall be entitled under the

provisions of this article, notwithstanding the provisions of any

other law, rule, or regulation aifecting the salary, pay, or compensation of any person or persons to whom this article applies. (Mar.

2, 1931, ch. 375, sec. 9, 46 Stat. 1477 [U.S. Code, title 48, sec. 1371h].)

100. Investments and accounts.—The Secretary of the Treasury

shall invest from time to time in interest-bearing securities of the

United States or in Federal farm-loan bonds such portions of the

Canal Zone retirement and disability fund as in his judgment may

not be immediately required for the payment of the annuities, re- funds, and allowances herein authorized, and the incomes derived

from such investments shall constitute a part of such fund. (Mar. 2, 1931, ch. 375, sec. 10, 46 Stat. 1477 [U.S. Code, title 48, sec. 13711].)

101. Return of amounts deducted from salaries.—(a) Under

such regulations as may be prescribed by the Civil Service Commission the amounts deducted and withheld from the basic salary, pay,

or compensation of each employee for credit to the civil-service

retirement and disability fund or the Panama Railroad pension fund,

covering service rendered prior to July 1, 1931, shall be credited to an individual account of such employee to be maintained by the

Panama Canal, and the amounts deducted and withheld from the

basic salary, pay, or compensation of each employee for credit to the Canal Zone retirement and disability fund, covering service from

and after July 1, 1931, less the sum of $1 per month or major fraction thereof, shall similarly be credited to such individual account.

(b) In the case of any employee to whom this article applies who

shall be transferred to a position not within the purview of the

article, or who shall become absolutely separated from the service

before becoming eligible for retirement on annuity, the amount

credited to his individual account shall be returned to such employee

together with interest at 4 per centum per annum compounded on June 30 of each year: Provided^ That when any employee becomes

involuntarily separated from the service, not by removal for cause on charges of misconduct or delinquency, the total amount of his

deductions with interest thereon shall be paid to such employee

And provided further^ That all moneys so returned to an employee

must, upon reinstatement, retransfer, or reappointment to a position

coming within the purview of this article, be redeposited with interest before such employee may derive any benefits under this article,

except as provided in this section, but interest shall not be required

covering any period of separation from the service.

(c) In case an annuitant shall die without having received in

annuities purchased by the employee's contributions as provided in

(2) of section 96 of this title an amount equal to the total amount to

19
T. 2, § 102] OPERATION, MAINTENANCE, AND GOVERNMENT

his credit at time of retirement, the amount remaining to his credit

shall be paid in one sum to his legal representatives upon the establishment of a valid claim therefor, unless the annuitant shall have

elected to receive an increased annuity as provided in section 96 of

this title. (d) In case an employee shall die without having attained eligibility for retirement or without having established a valid claim for

annuity, the total amount of his deductions with interest thereon

shall be paid to the legal representatives of such employee.

(e) In case a former employee entitled to the return of the amount

credited to his individual account shall become legally incompetent,

the total amount due may be paid to a duly appointed guardian or committee of such employee.

(f) If the amount of accrued annuity or of refund due a former

employee who is legally incompetent does not exceed $1.0U0, and if there has been no demand upon the Administrator of Veterans'

Affairs by a duly appointed executor, administrator, guardian, or committee, payment may be made, after the expiration of thirty days

from date of death or of separation from the service, as the case may

be, to such person or persons as may appear in the judgment of the

Administrator of Veterans' Affairs to be legally entitled thereto, and

such payment shall be a bar to recovery by any otlier person. (Mar.

2, 1931, ch. 375, sec. 11, 46 Stat. 1477 [U.S. Code, title 48, sec. 1371j].)

102. Payment of annuities.—Annuities granted under the terms

of this article shall be due and payable in monthly installments on

the first business day of the month following the month or other

period for which the annuity shall have accrued; and payment of

all annuities, refunds, and allowances granted hereunder shall be

made by checks drawn and issued by the disbursing clerk for the

payment of pensions in such form and manner and with such safeguards as shall be prescribed by the Administrator of Veterans'

Affairs in accordance with the laws, rules, and regulations governing

accounting that may be found applicable to such payments.

Applications for annuity shall be in such form as the Administrator

of Veterans' Affairs may prescribe, and shall be supported by such

certificates from the heads of departments, branches, or independent

offices of the Government or the Panama Railroad Company in which

the applicant has been employed as may be necessary to the determination of the rights of the applicant. Upon receipt of satisfactory

evidence the Administrator of Veterans' Affairs shall forthwith adjudicate the claim of the applicant, and if title to annuity be established, a proper certificate shall be issued to the annuitant under the

seal of the Veterans' Administration.

Annuities granted under the provisions of sections 92 and 93 of

this title shall commence from the date of separation from the service

and shall continue during the life of the annuitant. Annuities

granted under the provisions of sections 94 and 95 of this title shall

be subject to the limitations specified in said sections. (Mar. 2, 1931,

ch. 375, sec. 12, 46 Stat. 1478 [U.S. Code, title 48, sec. 1371k].)

103. Benefits extended to those already retired.—In the case of

those employees of the Panama Canal or the Panama Railroad Company who before July 1, 1931, shall have been retired on annuity

20
OPERATION, MAINTENANCE, AND OOVERNMENT [T. 2, § 106 under the provisions of the Civil Service Retirement Act (U.S. Code,

title 5, oh. 14), or said Act as amended, or as extended by Executive

orders, or under the provisions of the Panama Railroad pension plan,

the annuity shall be computed, adjusted, and paid under the provisions of this article, but this article shall not be so construed as to reduce the annuity of any person retired before its effective date, nor shall any increase in annuity commence before such effective date. All those who were separated from the service of either the Panama

Canal or the Panama Railroad Company on the Isthmus of Panama,

subsequent to August 1, 1920, and before July 1, 1931, not by removal

for cause on charges of misconduct or delinquency, without having

been granted retirement annuities due to the fact that all of their

service which would be allowable under the provisions of this article was not counted in arriving at their total service, and who are otherwise eligible by having made the necessary contributions to the re- tirement and disability funds as herein provided, shall, from July 1, 1931, be paid annuities in accordance with the provisions of this

article. (Mar. 2, 1931, ch. 375, sec. 13, 46 Stat. 1479 [U.S. Code,

title 48, sec. 13711].)

104. Board of actuaries.—The board of actuaries selected by the

Administrator of Veterans' Affairs under the provisions of section

16 of the Act of July 3, 1926 (U.S. Code, title 5, sec. 706a), shall

make a valuation of the Canal Zone retirement and disability fund

at intervals of five years, or oftener, if deemed necessary by the

Administrator of Veterans' Affairs. (Mar. 2, 1931, ch. 375, sec. 14,

46 Stat. 1479 [U.S. Code, title 48, sec. 1371m].)

105. Administration.—For the purpose of administration, except

as otherwise provided herein, the Administrator of Veterans' Affairs,

is hereby authorized and directed to perform, or cause to be performed, any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this article into full force and effect. An appeal to the

Administrator of Veterans' Affairs shall lie from the final action or order affecting the rights or interests of any person or of the United

States under this article, the procedure on appeal to be as prescribed

by the Administrator of Veterans' Affairs.

The Administrator of Veterans' Affairs shall make a detailed

comparative report annuall}'-, showing all receipts and disbursements on account of annuities, refunds, and allowances under this

article, together with the total number of persons receiving annuities

and the total amounts paid them ; and he shall transmit to Congress

the reports and recommendations of the board of actuaries.

The Administrator of Veterans' Affairs shall submit annually to the Bureau of the Budget estimates of the appropriations necessary

to finance the Canal Zone retirement and disability fund, and to continue this article in full force and effect. (Mar. 2, 1931 ch. 375, sec. 15, 46 Stat. 1479 [U.S. Code, title 48, sec. 1371n].)

Note.—Executive order no. 6670, dated April 7, 1934, provides for the trans- fer of the administration of this article to the United States Civil Service Commission.

106. Moneys not assignable or subject to legal process.—None

of the moneys mentioned in this article shall be assignable, either in

21
T. 2, § 107] OPERATION, MAINTENANCE, AND GOVERNMENT

law or equity, or be subject to execution, levy, attachment, garnishment, or other legal process. (Mar, 2, 1931, ch. 375, sec. 16, 46 Stat. 1480 [U.S. Code, title 48, sec. 13Tlo].)

107. Effective date.—This article shall take effect July 1, 1931,

and from and after that date the provisions of the Civil Service

Retirement Act (U.S. Code, title 5, ch. 14), shall not apply to employees of the Panama Canal on the Isthmus of Panama or to any

other employees coming within the provisions of this article:

Provided^ however^ That any employee of the Panama Canal who

shall attain the age of eligibility for retirement without having

rendered sufficient service on the Isthmus of Panama to entitle him

to be retired on an annuity as provided by section 92 of this title, but whose aggregate employment under the United States would be

sufficient in character and duration to entitle him to receive an

annuity under the provisions of the Civil Service Retirement Act,

will be eligible to retire and receive an annuity under the provisions

of that Act and payable from the civil service retirement and disability fund ; and in such event the employee shall be entitled, upon

separation from the service, to the refund, under such regulations as the Administrator of Veterans' Affairs may prescribe, of any excess

in the deductions made from his salary, pay, or compensation under

the provisions of this article, with interest, over those which would

have been made at the rate fixed by the Civil Service Retirement Act

as amended; and the Administrator of Veterans' Affairs shall certify

to the Secretary of the Treasury the amount remaining to the credit

of such employee in the Canal Zone retirement and disability fund,

and said amount shall be transferred on the books of the Treasury

Department to the civil service retirement and disability fund.

(Mar. 2, 1931, ch. 375, sec. 17, 46 Stat. 1480 [U.S. Code, title 48,

sec. 1371 p.].)'

ARTICLE 3.- -COMPENSATION FOR INJURIES TO CANAL AND RAILROAD EMPLOYEES

Sec. 121. Application of Federal Employees'

Compensation Act to Canal and

Railroad employees.

122. Release or assignment of rights aris- ing from liability of Panama Rail- road Co.

Sec. 123. Transfer of administration of act to Governor ; modifications of act in respect to Canal and Railroad employees.

121. Application of Federal Employees' Compensation Act to Canal and Railroad employees.—The term " employee " whenever

used in the Act of September 7, 1916 (ch. 458, 39 Stat. 742), as amended (U.S. Code, title 5, ch. 15), includes all employees of the

Panama Canal and of the Panama Railroad Company. (Sept. 7, 1916 ch. 458, sec. 40, 39 Stat. 750; June 5, 1924, ch. 261, sec. 2, 43

Stat. 389 [U.S. Code, title 5, sec. 790].)

Cross-Re!fekencb The Federal Employees' Compensation Act cited in the above section is shown in the appendix at pa^e S76. 122. Release or assignment of rights arising from liability of

Panama Railroad Company.—If an injury or death for wliich compensation is payable under the Act of September 7, 1916 (ch. 458,

22
OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 123

39 Stat. 742), as amended (U.S. Code, title 5, ch. 15), is caused under

circumstances creating a legal liability in the Panama Railroad

Company to pay damages therefor under the laws of any State,

Territory, or possession of the United States or of the District of

Columbia or of any foreign country, no compensation shall be payable until the person entitled to compensation releases to the Panama

Railroad Company any right of action which he may have to enforce

such liability of the Panama Railroad Company, or until he assigns

to the United States any right which he may have to share in any

money or other property received in satisfaction of such liability

of the Panama Railroad Company. (Sept. 7, 1916, ch. 458, sec. 41,

39 Stat. 750 [U.S. Code, title 5, sec. 791].)

123. Transfer of administration of act to Governor; modifications of act in respect to Canal and Railroad employees.—The

President may, from time to time, transfer the administration of

the Act of September 7, 1916 (ch. 458, 39 Stat. 742), as amended

(U.S. Code, title 5, ch. 15), so far as employees of the Panama Canal

and of the Panama Railroad Company are concerned to the Governor

of the Panama Canal, in which case the words " commission " and

" its " wherever they appear in said act shall, so far as necessary to give effect to such transfer, be read " Governor of the Panama Canal

and " his " ; and the expenses of medical examinations under sections

21 and 22- of said act, as amended (U.S. Code, title 5, sees. 771 and

772), and the reasonable traveling and other expenses and loss of

wages payable to employees under section 21 of said act, as amended,

shall be paid out of appropriations for the Panama Canal or out of

funds of the Panama Railroad, as the case may be, instead of out

of the appropriation for the work of the United States Employees'

Compensation Commission.

In the case of compensation to employees of the Panama Canal or

of the Panama Railroad Company for temporary disability, either

total or partial, the President may authorize the Governor of the

Panama Canal to waive, at his discretion, the making of the claim

required by section 18 of said act (U.S. Code, title 5, sec. 768). In

the case of alien employees of the Panama Canal or of the Panama

Railroad Company, or of any class or classes of them, the President

may remove or modify the minimum limit established by section 6

of said act, as amended (U.S. Code, title 5, sec. 756), on the monthly

compensation for disability and the minimum limit established by

clause (K) of section 10 of said act, as amended (U.S. Code, title 5, sec. 760) on the monthly pay on which death compensation is to be

computed. The President may authorize the Governor of the Panama Canal to pay the compensation provided by said act, including

the medical, surgical, and hospital services and supplies provided

by section 9 of said act, as amended (U.S. Code, title 5, sec. 759),

and the transportation and burial expenses provided by sections 9 and 11 of said act (U.S. Code, title 5, sees. 759 and 761), out of the

appropriations for the Panama Canal, such appropriations to be

reimbursed for such payments by the transfer of funds from the

employees' compensation fund. (Sept. 7, 1916, ch. 458, sec. 42, 39

Stat. 750 [U.S. Code, title 5, sec. 793].)

23
T. 2, § 141] OPERATION, MAINTENANCE, AND GOVERNMENT

CHAPTER 7.—EXCLUSION AND DEPORTATION OF PERSONS

Sec. 141. Regulations as to right to enter or re- main upon Canal Zone.

Sec. 142. Punishment of persons deported from Canal Zone who return thereto. Section 141. Regulations as to right to enter or remain upon

Canal Zone.—The President is authorized to make rules and regulations, and to alter or amend the same from time to time

a. Touching the right of any person to enter, remain upon or pass over any part of the Canal Zone; and

b. For the detention of any person entering the Canal Zone in

violation of such rules and regulations, and the return of such per- son to the country whence he came, on the vessel bringing the per- son to the Canal Zone, or any other vessel belonging to the same owner or interest, and at the expense of such owner or interest ; and

in addition to the punishment prescribed by this section for violation of such rules and regulations, the authorities of the Canal Zone

may withhold the clearance of the vessel from any port in the Canal

Zone until any fine imposed and the cost of maintenance of the

person are paid.

Any person violating any of such rules or regulations shall be

punished by a fine of not more than $500, or by imprisonment in

jail for not more than one year, or by both. (Aug, 21, 1916, ch. 371, sec. 10, 39 Stat. 529 [U.S. Code, title 48, sec. 1321].)

Ceoss-References

Punishment for importing foreign criminals, see title 5, section 184. Extradition of persons accused of crime, see title 6, sections 8(51 et seq. 142. Punishment of persons deported from Canal Zone who

return thereto.—Any person who voluntarily returns to the Canal

Zone after having served a sentence of imprisonment therein and

after being deported therefrom, shall

a. Be punished by imprisonment in the penitentiary for not more

than two years; and

b. Be removed from the Canal Zone upon the completion of his

sentence, in accordance with the laws and orders relating to deportation. A voluntary entry into the Canal Zone for any purpose shall be

sufficient to constitute a return to the Zone within the meaning of

this section, except that the Governor of the Panama Canal may, in his discretion, in a case of necessity, grant a permit to any such

person to return to the Canal Zone temporarily. Any such person

who remains in the Canal Zone after the expiration of the time

specified in the permit shall be deemed guilty of a violation of this

section and be punished as herein provided. (July 5, 1932, ch. 423, 47 Stat. 577.)

24
Sec. 151. Vessels subject to inspection in general. 152. Inspection of foreign vessels. 153. Regulations governing inspection.

154. Issuance and display of certificate of

in.spection. 155. Refusal of certificate of inspection.

156. Failure to Lave or display certificate ; receiving excess passengers ; fines.

OPERATION, MAINTENANCE, AND GO VEllNMENT [T. 2, § 155 CHAPTER 8.—INSPECTION OF VESSELS

Sec. 157. Revocation of certificate for changes

in condition of vessel. 158. Small vessels propelled by machinery

registration, certification, and numbering ; licensing of operators ; fines. 159. Small vessels not propelled by machinery ; registration and numbering ; fines. 100. Small vessels carrying passengers

certificate ; inspection ; fines. Section 151. Vessels subject to inspection in general.-—All vessels navigating the waters of the Canal Zone, except public vessels of all nations, and private vessels merely transiting the Canal, shall

be subject to an annual inspection of hulls, boilers, machinery, equipment, and passenger accommodations. (Feb. 16, 1933, ch. 88, sec. 1, 47 Stat. 811 [U.S. Code, title 48, sec. 1336a].)

Ceoss-Refebences

Regulations governing the navigation of the harbors and other vpaters of the Canal Zone, see section 9 of this title. Radio equipment on ocean-going vessels using ports, see sections 361 and

362 of this title. 152. Inspection of foreign vessels.—A foreign <^essel of a country

which has inspection laws approximating those of the United States,

having an unexpired certificate of inspection duly issued by the

authorities of the said country, shall not be subjected to an inspection other than that necessary to determine whether the vessel,

boilers and life-saving equipment are as stated in the certificate of

inspection; but no such certificate of inspection shall be accepted

as evidence of lawful inspection unless like privileges are granted

to vessels of the United States under the laws of the country to which such vessel belongs. (Feb. 16, 1933, ch. 88, sec. 2, 47 Stat. 811 [U.S. Code, title 48, sec. 1336b].)

153. Regulations governing inspection.—^The Governor of the

Panama Canal is authorized to prescribe regulations concerning the

inspection referred to in the two next preceding sections, which

regulations shall conform as nearly as practicable to the laws and

regulations governing the Steamboat lusnection Service of the

United States. (Feb. 16. lO^S^-ch. 88, sec, 1, 47 fitut. ^il [U.S. Code,

title 48, sec. 1336a].) • '. •;.''' 154. Issuance attri display of certific?ite of inspection.—When

the board of local inspectors of tlw P^mauia Caiial approves a, vessel and its equipment^ a certificate df inspection, in triplicate, shall be

issued by the Canal authorities, two copies of which shall be dis- played in conspicuous places in the vessel where they are most likely

to be observed by passengers and others, and there kept at all times

framed under glass. (Feb. 16, 1933, ch. 88, sec. 3, 47 Stat. 811 [U.S.

Code, title 48, sec. 1336c].)

155. Refusal of certificate of inspection.—When the board of

local inspectors fails to approve the vessel or its equipment, a certificate of inspection shall be refused, and the board of local inspectors shall make a statement in writing giving the reason for failure

93083—34- 25
T. 2, § 156] OPERATION, MAINTENANCE, AND GOVERNMENT

to approve, filing such statement in the records of the board, and giving a copy thereof to the owner, agent or master of the vessel. (Feb.

16, 1933, ch. 88, sec. 4, 47 Stat. 811 [U.S. Code, title 48, sec. 1336d].)

156. Failure to have or display certificate; receiving excess passengers; fines.—Any vessel, other than those excepted in section

151 of this title, that navigates the waters of the Canal Zone without

having an unexpired certificate of inspection issued by the Canal

authorities or by the Steamboat Inspection Service of the United

States, or an unexpired certificate accepted by the Canal authorities

under section 152 of this title, shall be subject to a fine of not more

than $1,000; and whenever any passenger is received on board a

vessel not having certified copies of the certificate of inspection placed

and kept as required by section 154 of this title, or whenever pas- sengers are received on board a vessel in excess of the number au- thorized by said certificate of inspection, such vessel shall be liable to a fine of not more than $100 for each passenger so received.

Fines shall be recovered in the district court, and the amount so recovered shall be a lien upon such vessel, and it may be seized and

sold to satisfy same, as well as the costs of the court proceedings.

(Feb. 16, 1933, ch. 88, see. 5, 47 Stat. 811 [U.S. Code, title 48, sec. 1336e].)

157. Revocation of certificate for changes in condition of

vessel.—In case a vessel holding an unexpired certificate issued by

the Canal authorities shall change its condition as to hull, boilers,

machinery, equipment or accommodations for passengers in such manner as not to conform to the regulations under which such

certificate was issued, the board of local inspectors is authorized to make an inspection and to recommend revocation of the certificate of

inspection, and upon approval of such recommendation by the marine

superintendent, or such other officer of the Panama Canal as may be

designated by the Governor, a notice of revocation will be issued to the owner, agent or master of the vessel; and after such notice of

revocation the navigation of Canal Zone waters by such vessel shall subject it to the penalty prescribed by section 156 of this title. (Feb.

16, 1933, ch. 88, sec. 6, 47 Stat. 811 [U.S. Code, title 48, sec. 1336f].)

158. Small vessels propelled by machinery; registration, certifi- cation, and numbering; licensing of operators; fines.—Small vessels propelled in- whole or in part by niacliinery, other than public

vessels of -the United States or of the Republic of Panama, shall be

registered', certificated and nr.mbered,,and shall display the numbers

assigned in a conspicjuoua -place in prescribed form. Such vessels shall not be operated except by an operator holding a license to operate, issued after examination by the board of local inspectors,

and approval of such examination by the marine superintendent or such other officer of the Panama Canal as may be designated by the

Governor. Any vessel which is operated in Canal Zone waters in

violation of any of the requirements of this section shall be liable to a fine of not more than $100. (Feb. 16, 1933, ch. 88, sec. 7, 47 Stat. 812 [U.S. Code, title 48, sec. 1336g].)

159. Small vessels not propelled by machinery; registration and

numbering; fines.—Small vessels not propelled in whole or in part

26
OPERATION, MAINTENANCE, AND GOYERNMENT [T. 2, § 160 by machinery shall be registered and numbered, and when numbers

have been assigned they shall be displayed in a conspicuous place in

prescribed form. Any vessel which is operated in Canal Zone waters

in violation of any of the requirements of this section shall be liable to a fine of not more than $100. (Feb. 16, 1933, ch. 88, sec. 8, 47 Stat. 812 [U.S. Code, title 48, sec. 1336h].)

160. Small vessels carrying passengers; certificate; inspection;

fines.—Vessels under 65 feet in length, before carrying passengers

for hire in Canal Zone waters, shall obtain a certificate from the

Canal Zone authorities to engage in this business, and such certifi- cate shall specify the number of passengers and life preservers and

the fire-fighting apparatus which the vessel must carry. Such vessels shall be subject to annual inspection, and the certificate referred to

will be granted for one year only. Any such vessel which shall carry

passengers for hire without first having obtained the certificate re- quired by this section, or which shall carry passengers in excess of

the number authorized by such certificate, shall be liable to a fine of

not more than $100 for each passenger so carried. (Feb. 16, 1933,

ch. 88, sec. 9, 47 Stat. 812 [U.S. Code, title 48, sec. 13361].)

CHAPTER 9.—INTOXICATING LIQUORS

Note.—The chapter heading " Intoxicating Liquors " has been reserved here

in order to accommodate any special liquor legislation which may be enacted

for the Canal Zone, supplanting, in application to the Zone, the National

Prohibition Act and the acts amendatory thereof and supplemental thereto.

27
T. 2, § 201] OPERATION, MAINTENANCE, AND GOVERNMENT

CHAPTER 10.—KEEPING AND IMPOUNDING OF DOMESTIC ANIMALS

Sec. 201. Regulations relative to keeping and

impounding of domestic animals.

Sec. 202. Violation of regulations ; punishment.

Section 201. Regulations relative to keeping and impounding

of domestic animals.—The Governor of the Panama Canal is authorized to make and publish, and from time to time amend,

regulations

a. Governing the keeping of domestic animals within the Canal

Zone;

b. Prescribing v^here and under what conditions domestic animals may be permitted to be at large, and when, where and under

what conditions such domestic animals shall be confined; and

c. Providing for

(1) The impounding of animals;

(2) The charges to be paid for the impounding and care of such

animals if claimed by the owner;

(3) The disposition of unclaimed animals; and

(4) The disposition of the proceeds of the sale of such unclaimed

animals, if sold. (July 5, 1932, cli. 427, sec. 1, 47 Stat. 578.)

Ckoss-Heference

Offenses in relation to the keeping, etc., of animals, see title 5, sections 561

to 567, 608 and SIO. 202. Violation of regulations; punishment.—Any person who

shall violate any provision of the regulations established under the

next preceding section, shall be guilty of a misdemeanor. (July 5. 1932, ch. 427, sec. 2, 47 Stat. 579.)

CHAPTER 11.—NOTARIES PUBLIC

Section 211. Appointment and regulation by Governor.—The Governor of the Panama Canal shall appoint all notaries public, prescribe their powers and duties, their official seal, and the fees to be

charged and collected by them. (Aug. 24, 1912, ch. 390, sec. 7, 37

Stat. 564; Sept. 21, 1922, ch. 370, sec. 1, 42 Stat. 1004; Feb. 16, 1933,

ch. 91, sec. 1, 47 Stat. 814 [U.S. Code, title 48, sec. 1336].)

CHAPTER 12.—PANAMA RAILROAD COMPANY; RAILROADS

Ai't. Sec.

1. In General 221

Art. Sec.

2. Safety Appliances 241 Ceoss-References

Carriers, their rights, duties, and liabilities, see title 3, sections 1391 to 1459. Consolidation of functions in respect to receiving, disbursing, and accounting

for funds, see section 31 of this title. Compensation for injuries to employees of Panama Railroad Company, see sections 121 to 123 of this title. Liability of railroads to their employees in certain cases, see U.S. Code,

title 45, sections 52 to 59 (appendix, p. 989).

Retirement of Panama Railroad employees on Isthmus who are citizens, see sections 91 to 107 of this title. Malicious injuries to railroads, see title 5, sections 826 and 827.

28
OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 241

Other offenses in relation to railroads, see title 5, sections 521, 523 to 526,

664, 688, 739, 740, 824, 843 and 844. Suits in Admiralty Act not to apply to Panama Railroad, see U.S. Code,

title 46, section 741 (appendix, p. 991).

Transfer to Shipping Board of vessels owned by Panama Railroad Co. and

not required in its business, see U.S. Code, title 46, section 806. ARTICLE 1.—IN GENERAL

Sec. 221. Annual payment by Panama Railroad

Co. to United States not required. 222. Carriage by Panama Railroad Co. of marine and fire insurance.

Sec. 223. Contracts between Panama Railroad

Co. and departments of Government.

224. Hours of work for telegraph operators and train dispatchers. Section 221. Annual payment by Panama Railroad Company to United States not required.—Payment by the Panama Railroad

Company to the United States, in accordance with the treaty with

Panama, of the annual subsidy of $250,000, as provided by the concession granted by the United States of Colombia, shall not be

required. (June 25, 1910, ch. 384, sec. 2, 36 Stat. 772 [U.S. Code

title 48, sec. 1334].)

222. Carriage by Panama Railroad Company of marine and fire insurance.—The Panama Railroad Company shall carry no insur- ance to cover marine or fire losses. (Mar. 4, 1911, ch. 285, sec. 2, 36 Stat. 1451 [U.S. Code, title 48, sec. 1333].)

223. Contracts between Panama Railroad Company and departments of Government.—The Panama Railroad Company shall not be required to give bond, either with or without surety, in contracts which it may make to furnish services, materials, or supplies

to the Army, Navy, Marine Corps, or other departments of the Government, and such contracts may be made for periods less than one

year, as may be agreed on, and formal contracts in writing shall not be required unless agreed on. (Mar. 4, 1911, ch. 285, sec. 6, 36

Stat. 1452 [U.S. Code, title 48, sec. 1335].)

224. Hours of work for telegraph operators and train dispatchers.—No operator, train dispatcher or other employee of the

Panama Railroad Company who by the use of the telegraph or telephone dispatches, reports, transmits, receives, or delivers orders

pertaining to or affecting train movements shall be required or per- mitted to be or remain on duty for a longer period than nine hours

in any twenty-four-hour period in any tower, office, place or station

continuously operated night and day, nor for a longer period than

thirteen hours in any tower, office, place or station operated only

during the daytime, except in case of emergency, when the employees

named in this section may be permitted to be and remain on duty

for four additional hours in a twenty-four-hour period on not exceeding three days in any week.

ARTICLE 2.—SAFETY APPLIANCES

Sec. 241. Requirements of Safety Appliance Acts

extended to Canal Zone.

242. Running boards, ladders, sill steps, roof handholds, and brake shafts. 241. Requirements of Safety Appliance Acts extended to Canal

Zone.—The requirements of the Safety Appliance Acts (U.S. Code,

29

Sec. 243. Maintenance of appliances in good and

working order.

244. Observance by Panama Railroad.
T. 2, § 242] OPERATION, MAINTENANCE, AND GOVERNMENT

title 45, sees. 1 to 10), relating to the use on trains of certain described and approved driving-wheel and train brakes, couplers, hand

holds, and draw bars of required height for freight cars, shall be

extended to apply to the Canal Zone,

242. Running boards, ladders, sill steps, roof handholds, and

brake shafts.—The various appliances for the protection of trainmen on freight train cars, with reference to runnnig boards, ladders,

sill steps, roof handholds, and the position of brake shafts, as designated in the existing standards of the Master Car Builders' Association in the United States, shall be used by all carriers in the

Canal Zone.

243. Maintenance of appliances in good and working order.—

The equipment and appliances required to be used in sections 241 and

242 of this title shall be constantly and at all times maintained in

good and working order by any and all railroads engaged in the

business of a common carrier and operating in the Canal Zone.

244. Observance by Panama Railroad.—In particular, sections

241 to 244 of this title shall be carefully observed and obeyed by

the Panama Railroad, a carrier operating in the Canal Zone.

Note.—With respect to the use of safety appliances on railroads operated

and cars used by the Government of the United States within reservations and other territories under its jurisdiction, section 5 of the Executive order

of January 6, 19t>9, as amended by the Executive order of March 19, 1913, provides as follows

" All railroads operated and cars used by the Government of the United

States within navy yards, arsenals, military reservations, Government wharves,

and any and all other territories under the jurisdiction of the United States, shall be equipped with the safety appliances required in the Safety Appliance

Acts mentioned and described in section 1 of this order (sec. 241 of this title), and in the codes of rules mentioned and described in section 2 of this ordeo*

(see. 242 of this title) ; and said equipment and appliances shall at all times be maintained in good and working order.

" The application of the requirements of the Safety Appliance Acts to equip- ment of rolling stock at navy yards is hereby so far modihed that the cars and

engines at yards and stations will be fitted with safety appliances only to such extent as may, in the judgment of the commandant, subject to the approval of the Chief of the Bureau of Yards and Docks, Navy Department,

be deemed necessary or advisable." CHAPTER 13.—PARDONS AND REPRIEVES AND REMISSION OF

FINES AND FORFEITURES

Section 261. Authority of Governor.—The Governor may grant

pardons and reprieves and remit fines and forfeitures for offenses

against the laws of the Canal Zone and reprieves for offenses against

the laws of the United States until the decision of the President is made known thereon. (Aug. 24, 1912, ch. 390, sec. 7, 37 Stat. 564;

Sept. 21, 1922, ch. 370, sec. 1, 42 Stat. 1004; Feb. 16, 1933, ch. 91,

sec. 1, 47 Stat. 814 [U.S. Code, title 48, sec. 1342].)

Cboss-Kefeeences

Issuance of i>ermits to be at liberty, to persons imprisoned as habitual

criminals, see title 5, sections 75 and 76. Suspension of execution of judgment of death, see title 6, section 523. Suspension of sentence by district and magistrates' courts, see title 6, sections 500 and 501. 30
OPERATION, MAINTENANCE, AND GO VERNMENT [T. 2, 5? 275 CHAPTER 14.—POSTAL SERVICE

Sec. 274. Rate of interest on deposit money

* orders.

275. Use of interest from money order funds deposited in banks.

Sec. 271. Application of United States postal

laws, rules and regulations. 272. Authority of Governor in respect to the service. 273. Defraying expenses from revenues so

far as possible. Section 271. Application of United States postal laws, rules, and

regulations.—The postal service of the Canal Zone shall be governed,

except as otherwise provided in this chapter, by such of the laws,

rules and regulations of the Postal Service of the United States as

are not inapplicable to the conditions existing in the Canal Zone.

(Feb. 16, 1933, ch. 89, sec. 1, 47 Stat. 812 [U.S. Code, title 48, sec. 1323a].)

Ceoss-Re:fekences Extension to Canal Zone of United States laws and regidations defining

crimes against the postal service, see title 5, section 111. For the laws of the Postal Service of the United States, see U.S. Code,

title 39. 272. Authority of Governor in respect to the service.—The Governor of the Panama Canal is authorized

a. To establish new post offices or discontinue those already

established

b. To provide such rules and regulations as are necessary for the

operation of the service

c. To appoint the personnel of the service; and

d. To prescribe the postage stamps and other stamped paper which

shall be used in the service. (Feb. 16, 1933, ch. 89, sec 1, 47 Stat. 812

[U.S. Code, title 48, sec. 1323a].)

273. Defraying expenses from revenue so far as possible.—The

expenses of operating the Canal Zone postal service shall be defrayed, so far as possible, from the revenue derived therefrom, the

use of which for that purpose is authorized. (Feb. 16, 1933, ch.

89, sec. 1, 47 Stat. 812 [U.S. Code, title 48, sec. 1323a].)

274. Rate of interest on deposit money orders.—Deposit money

orders issued in the Canal Zone in lieu of postal savings certificates in accordance with rules and regulations heretofore established bj^

the President, or that may hereafter be established by him, shall

bear interest at a rate not exceeding 3 per centum per annum. (Feb.

16, 1933, ch. 89, sec. 2, 47 Stat. 812 [U.S. Code, title 48, sec. 1323b].)

275. Use of interest from money order funds deposited in

banks.—The interest received from the Canal Zone money-order

funds deposited in banks under Canal Zone regulations shall form

a part of the postal revenues and shall be available to pay

a. The interest on deposit money orders authorized by the next

preceding section; and

b. The losses which are chargeable to the Canal Zone postal service. (Feb. 16, 1933, ch. 89, sec. 3, 47 Stat. 812 [U.S. Code, title 48.

sec. 1323c].)

31
T.2, §291] OPERATION, MAINTENANCE, AND GOVERNMENT

CHAPTER 15.—PROTECTION OF BIRDS AND THEIR NESTS

Sec.

I Sec. 291. Regulations for protection of birds and 293. Violations of law or regulations ; puntheir nests. » ishment.

292. Taking, disturbing, or killing birds or taking eggs.

' Section 291. Regulations for protection of birds and their

nests.—The Governor of the Panama Canal shall

a. Make and publish suitable regulations, fi-om time to time, for

the protection of birds and their nests within the Canal Zone ; and

b. Prescribe the form and manner in which birds may be hunted

therein and the kinds of birds that may be hunted and that shall

not be molested. (July 5, 1932, ch. 420, sec. 1, 47 Stat. 576.)

Ceoss-Re:ference Carrying and keeping of arms, and hunting, see title 5, sections 871 to 877. 292. Taking, disturbing, or killing birds or taking eggs.—No

person shall hunt, trap, capture, willfully disturb, or kill any bird

of any kind whatever, or take the eggs of any bird, within the Canal

Zone, except in the form and manner permitted by the regulations

provided for by the next preceding section. (July 5, 1932, ch. 420,

sec. 2, 47 Stat. 576.)

293. Violations of law or regulations; punishment.—A violation

of any of the provisions of the next preceding section or of any of

the regulations established under section 291 of this title shall be

punished for each offence by a fine of not more than $100, or by

imprisonment in jail for not more than thirty days. (July 5, 1932,

ch. 420, sec. 3, 47 Stat. 576.)

CHAPTER 16.—PUBLIC LANDS

Sec. 301. Acquisition by United States of title to land in Canal Zone.

302. Withdrawal of certain tract from ef- fect of next preceding section.

Sec. 303. Lease of public lands ; land survey.

304. Revocable licenses for lots in town

sites.

Section 301. Acquisition by United States of title to land in

Canal Zone.—The President is authorized to declare by Executive

order that all land and land under water within the limits of the

Canal Zone is necessary for the construction, maintenance, operation,

sanitation or protection of the Panama Canal, and to extinguish,

by agreement when advisable, all claims and titles of adverse claim- ants and occupants. Upon failure to secure by agreement title to any such parcel of land or land under water the adverse claim or occupancy shall be disposed of and title thereto secured in the United

States and compensation therefor fixed and paid in the manner

provided in the treaty with the Kepublic of Panama dated November 18, 1903, or such modification of that treaty as may be made.

(Aug. 24, 1912, ch. 390, sec. 3, 37 Stat. 561 [U.S. Code, title 48,

sec. 1304].)

Cboss-Reference

Establishment of Canal Zone, see section 2 of tliis title.

32
OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 303 302. Withdrawal of certain tract from effect of next preceding

section.—The following tract of land situated within the Canal Zone,

and more particularly described as lots numbered 641, 643, 645, and

647, in the town of Cristobal, Canal Zone, the same being bounded on

the north by Eleventh Street, on the east by Bolivar Street, on the

south by lot numbered 649, and on the west by a vacant lot, the said

lots or tract of land having an extension from north to south of

120 feet and from east to west of 100 feet, and measuring in superficial area 12,000 square feet, is withdrawn from the operation of the

next preceding section and the Executive order of December 5, 1912,

relating thereto.

The Panama Railroad Company is authorized to sell, transfer and

convey said lots or tracts of land with all improvements thereon to any other person or persons or association of persons and retain the

consideration therefor for its own use. (June 5, 1920, ch. 239, sees. 1 and2, 41Stat. 948.)

303. Lease of public lands; land survey.—^The President is authorized to grant leases of the public lands in the Canal Zone

for such period, not exceeding twenty-five years, and upon such

terms and conditions as he may deem advisable. No lease, however,

shall be granted for a tract of land in excess of fifty hectares, nor to any person who shall not have first established, by affidavit and by

such other proof as may be required, that such person is the head

of a family or over the age of twenty-one years, and that the application for a lease is made in good faith for the purposes of actual

settlement and cultivation, and not for the benefit of any other per- son whatsoever, and that such person will faithfully comply with all the requirements of law as to settlement, residence, and cultivation.

In granting such leases preference shall be accorded to actual occu- pants of lands in good faith.

No portion of the lands of the United States within the Canal

Zone shall be leased hereunder unless it shall first be made to appear

by a statement or plat filed by the Governor of the Panama Canal with

the Collector of the Panama Canal, that it is not contemplated to use such lands in the work of canal construction or to set the same aside

as a town site ; and all leases shall be made subject to the provision

that if at any time it shall become necessary, notwithstanding, for

the United States to occupy or use any portion of the leased lands, it shall have the right to so do without further compensation to the

lessee than for the reasonable value of the necessary improvements

made upon said tracts by the lessee, the same to be determined by the

courts of the Canal Zone.

All leases of lands hereunder shall reserve to the United States all mineral, oil, and gas rights in the lands leased. The President may, in his discretion, require a land survey to be

made of the Canal Zone.

The powers conferred upon the President under this section may

be exercised by him through the Governor of the Panama Canal or in

such other manner as the President may designate. (Feb. 27, 1909,

ch. 224, sees. 1 to 5, 35 Stat. 658 [U.S. Code, title 48, sees. 1303 and

1308].) *

33
T. 2, § 304] OPERATION, MAINTENANCE, AND GOVERNMENT

304. Revocable licenses for lots in town sites.—The Governor of

the Panama Canal is authorized to execute revocable licenses for lots in town sites in the Canal Zone, either directly or through such

agency as he may direct, such licenses to be revocable at his pleasure,

licensees to vacate and remove improvements at once without

indemnity.

CHAPTER 17.—PUBLIC ROADS AND HIGHWAYS; VEHICLES;

FERRIES

Art. Sec.

1. Regulations governing roads, higli- ways, and self-propelled veiiicles_ 321

2. Operation of street-railway cars at crossings 331

Art. Sec.

3. Ferry and highway near Pacific en- trance of Canal 341

ARTICLE 1. -REGULATIONS GOVERNING ROADS, HIGHWAYS, AND

SELF-PROPELLED VEHICLES

Sec. 321. Authority of President to make and

enforce regulations.

Sec. 322. Agreements with Panama for reciprocal regulations.

323. Violation of regulations ; punishment.

Section 321. Authority of President to make and enforce regulations.—Until otherwise provided by Congress, the President may

make, publish, and enforce, and from time to time alter or amend,

all rules and regulations for the use of the public roads and highways in the Canal Zone, and for the regulation, licensing, and taxing

of the use and operation of all self-propelled vehicles using the public

highways, including speed limit, signals, tags, license fees, and all detailed regulations which may from time to time be deemed neces- sary in the exercise of the authority hereby conferred.

The taxes on automobiles may be graded according to the value

or the power of the machine. (Aug. 21, 1916, ch. 371, sec. 3, 39 Stat. 528 [U.S. Code, title 48, sec. 1312].)

Cross-Refeeeincb

Offenses in relation to highways and automobiles, see also title 5, sections

507, 511, 512, 513, 525, 531, 551, 784, 785, 824, 825.

322. Agreements with Panama for reciprocal regulations.—The

President may make mutual agreements with the Republic of Panama touching the reciprocal use of the highways of the Canal Zone

and the Republic of Panama by self-propelled vehicles, touching

taxes and license fees, and any other matter of regulation to establish comity for the convenience of the residents of the two jurisdictions. (Aug. 21. 1916, ch. 371, sec. 3, 39 Stat. 528 [U.S. Code, title 48, sec. 1312].)

323. Violation of regulations; punishment.—Any person who

violates any rule or regulation established under the authority of

the two next preceding sections shall be punished by a fine of not more than $25, or by imprisonment in jail for not more than thirty

days, or by both. (Aug. 21, 1916, ch. 371, sec. 5, 39 Stat. 528 [U.S.

Code, title 48, sec. 1314]'.)

84
OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 342 ARTICLE 2.—OPERATION OF STREET-RAILWAY CARS AT CROSSINGS

Sec. 331. Operation at street, road, or street- railway crossing.

Sec. 332. Operation at railway crossing. 333. Violation of article ; punishment.

331. Operation at street, road, or street-railway crossing.—No

motorman or other person in control of a street-railway car shall run

such car over or upon any street crossing, road crossing or street- railway crossing in the Canal Zone, at a speed of more than twelve

miles per hour, and without commencing to sound gong, horn or

whistle when at least one hundred feet from the crossing and con- tinuing to sound same until the crossing has been passed. (July 5, 1932, ch. 424, sec. 1, 47 Stat. 577.)

332. Operation at railway crossing.—No motorman or other per- son in control of a street-railway car shall run such car over or upon

any railroad crossing in the Canal Zone, without bringing the car to a full stop at least ten feet from the nearest rail, and without ascer- taining from a view of the railroad track made either by himself or by the conductor that the crossing may be safely passed. (July 5, 1932, ch. 424, sec. 2, 47 Stat. 577.)

333. Violation of article ; punishment.—A violation of any of the

provisions of this article shall be punished by a fine of not more than

$100, or by imprisonment in jail for not more than thirty days, or by both. (July 5, 1932, ch. 424, sec. 3, 47 Stat. 577.)

ARTICLE 3.—FERRY AND HIGHWAY NEAR PACIFIC ENTRANCE OF

CANAL

Sec. 341. Maintenance of ferry and highway

near Pacific entrance.

Sec. 342. Regulations governing operation and

maintenance of ferry ; punisliment

for violations. 341. Maintenance of ferry and highway near Pacific entrance.—

The Governor of the Panama Canal, under the supervision of the

Secretary of War, is authorized

a. To maintain and operate, near the Pacific entrance of the Panama Canal, from a point at or near Balboa on the eastern side of

the Canal to a suitable point on the opposite shore of the Canal, a ferry for the accommodation of the public and adequate to serve military needs, and for such purposes is authorized to acquire such

ferryboats and other equipment, and to construct and maintain such

wharves, docks, and approaches, as may be necessary; and

b. To maintain a highway for the accommodation of the public

and adequate to serve military needs, extending from the western

terminal of such ferry to a point at or near the town of Arraijan

at or near the Canal Zone line. Such ferry and highway shall be operated and maintained free

of toll. There are authorized to be appropriated annually such sums as may be necessary to carry out the provisions of this article. (May 27, 1930, ch. 338, sees. 1 to 3, 46 Stat. 388.)

342. Regulations governing operation and maintenance of ferry;

punishment for violations.—The Governor of the Panama Canal,

subject to the approval of the Secretary of War, is authorized to

35
T. 2, § 351] OPERATION, MAINTENANCE, AND GOVERNMENT

make rules and regulations governing the operation, use and maintenance of the ferry, equipment, wharves, docks and approaches

maintained, acquired and constructed under this article. Any per- son violating any such rule or regulation shall be punished by a fine of not more than $100, or by imprisonment in jail for not more than

thirty days, or by both. (May 27, 1930, ch. 338, sec. 2, 46 Stat. 388.)

CHAPTER 18.—PURCHASE OF SUPPLIES

Section 351. Purchase without advertising where amount does

not exceed $500.—The Governor of the Panama Canal may authorize, under such regulations as he may prescribe, the purchase of supplies for the use of the Panama Canal, or for use in the Canal Zone,

in the open market and without advertising, if the amount involved

in any one purchase does not exceed $500. (Dec. 29, 1926, ch. 19,

sec. 6, 44 Stat. 926.) CROSS-EEFEKBNCBS Advertisement for proposals for purchases and contracts for supplies for departments of Government, see U.S. Code, title 41, section 5 (appendix, p. 987). Restriction of purchases to articles of growth, production, or manufacture

of United States, see U.S. Code, title 41, sections 10a to 10c (appendix, p. 987).

CHAPTER 19.—RADIO EQUIPMENT ON OCEAN-GOING VESSELS

USING PORTS

Sec. 361. Radio equipment on vessels using ports and carrying fifty or more persons.

Sec. 362. Violations ; fines and recovery thereof.

Section 361. Radio equipment on vessels using ports and carrying fifty or more persons.—It shall be unlawful for any ocean-going

vessel carrying fifty or more persons, including passengers and crew,

to leave or attempt to leave any port of the Canal Zone unless such

vessel is equipped with an efficient apparatus for radio communication, capable of transmitting and receiving messages for a distance

of at least one hundred miles, night or day, and which is in good

working order and in charge of a person skilled in the use of such

apparatus. This requirement shall not apply to vessels merely

transiting the Canal or to vessels plying between Canal Zone ports

and ports less than two hundred miles therefrom. (July 5, 1932, ch. 421, sec. 1, 47 Stat. 576 [U.S. Code, title 47, sec. 120].)

Cross-Retebeince

Inspection of vessels, see sections 151 to 160 of this title. 362. Violations; fines and recovery thereof.—Any vessel leaving

or attempting to leave a Canal Zone port not equipped as required

by section 361 of this title shall be liable to a fine of not more than

$5,000, and each such departure or attempted departure shall constitute a separate offense. Fines shall be recovered in the district

court, and the amount so recovered shall be a lien upon the vessel,

and it may be seized and sold to satisfy same, as well as all costs of

the court proceedings. (Julv 5, 1932, ch. 421, sec. 2, 47 Stat. 576

[U.S. Code, title 47, sec. 121].)

36
Sec. 371. Rules and regulations in matters of

sanitation, health, and quarantine.

OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 392 CHAPTER 20.—SANITATION, HEALTH, AND QUARANTINE

Sec. 372. Regulations respecting practice of heal- ing art. 373. Violation of regulations ; punishment.

Section 371. Rules and regulations in matters of sanitation,

health, and quarantine.—Until otherwise provided by Congress, the

President is authorized

a. To make rules and regulations in matters of sanitation, health,

and quarantine for the Canal Zone; and

b. To modify or change existing rules and regulations and those

hereafter made from time to time. (Aug. 21, 1916, eh. 371, sec. 1, 39 Stat. 527; Feb. 16, 1933, ch. 92, 47 Stat. 818 [U.S. Code, title 48.

sec. 1310].)

CB0SS-ReFE21ENCES Conspiracy to commit act injurious to public health, see title 5, section 81. Crimes against the public health and safety, see title 5, sections 501 to 572. 372. Regulations respecting practice of healing art.—The President, under such regulations as he may prescribe, may authorize the

Board of Health of the Canal Zone to issue licenses to practice the

healing art, which regulations shall include conditions under which

such licenses shall be issued and provisions for revocation for cause

of licenses issued. (Aug. 21, 1916, ch. 371, sec. 1, 39 Stat. 527; Feb.

16, 1933, ch. 92, 47 Stat. 818 [U.S. Code, title 48, sec. 1310].)

373. Violation of regulations; punishment.—A violation of any

quarantine regulation authorized under section 371 of this title shall

be punished by a fine of not more than $500, or by imprisonment in

jail for not more than ninety days or by both; and a violation of any

sanitary or health regulation authorized under sections 371 and 372

of this title shall be punished by a fine of not more than $25, or by

imprisonment in jail for not more than thirty days, or by both.

Each day such violation shall continue shall constitute a separate

offense. (Aug. 21, 1916, ch. 371, sec. 1, 39 Stat. 527 ; Feb. 16, 1933,

ch. 92, 47 Stat. 818 [U.S. Code, title 48, sec. 1310].)

CHAPTER 21.—SEAMEN

Sec. 391. What laws applicable to seamen of vessels of United States.

Sec. 392. Powers conferred upon sbipping commissioner and deputies. Section 391. What laws applicable to seamen of vessels of

United States.—The laws relating to seamen of vessels of the United

States on foreign voyages shall apply to seamen of all vessels of the

United States at the Canal Zone, whether such vessels be registered or enrolled and licensed. (Aug. 21, 1916, ch. 371, sec. 9, 39 Stat. 529

[U.S. Code, title 48, sec. 1331].) Ceoss-Re:fetience For laws of United States relating

46, sections 541 to 713.

to merchant seamen, see U.S. Code, title

392. Powers conferred upon shipping commissioner and deputies.—The powers in respect of such seamen of such vessels bestowed

87
T.2,§401] OPERATION, MAINTENANCE, AND GOVERNMENT

by law upon consular officers of the United States in foreign ports

and upon shipping commissioners in ports of the United States are hereby bestowed upon the shipping commissioner and deputy shipping commissioners in the Canal Zone. (Aug. 21, 1916, ch. 371, sec.

i), 39 Stat. 529 [U.S. Code, title 48, sec. 1331].)

CHAPTER 22.—TAXES AND LICENSES

Sec. 401. Regulations for levying, assessing, and

collecting taxes.

Sec. 402. Violation of such regulations ; punish- ment. Section 401. Regulations for levying, assessing, and collecting taxes.—Until otherwise provided by Congress, the President is authorized to make and from time to time change rules and regulations for levying, assessing and collecting ad valorem, excise, license

and franchise taxes in the Canal Zone. Ad valorem taxes imposed

shall not exceed one per centum of the value of the property, nor shall franchise or excise taxes exceed two per centum of gross earnings.

(Aug. 21, 1916, ch. 371, sec. 2, 39 Stat. 528 [U.S. Code, title 48, sec. 1311].)

Cboss-Refebences

Automobile taxes and licenses, see section 321 of this title. Failure to give proper tax or license receipts, see title 5, section 626. Possession of improper blank licenses or tax receipts, see title 5, section 627. 402. Violation of such regulations; punishment.—Any person

who commits any act or carries on any business, trade or occupation

in the Canal Zone without complying with the rules and regulations

established under the next preceding section, shall be punished by a

fine of not more than $25, or by imprisonment in jail for not more

than thirty days, or by both. (Aug. 21, 1916, ch. 371, sec. 5, 39 Stat. 628 [U.S. Code, title 48, sec. 1314].)

CHAPTER 23.—TOLLS FOR USE OF CANAL

Sec. 411. Authority of President to prescribe and change tolls. 412. Bases of tolls ; maximum and mini- mum rates.

Sec. 413. Restrictions on construction of 1914

act amending the two next preced- ing sections. 414. Refund of amounts erroneously re- ceived as tolls. Section 411. Authority of President to prescribe and change

tolls.—The President is authorized, subject to the provisions of the

section next following, to prescribe and from time to time change

the tolls that shall be levied by the Government of the United

States for the use of the Panama Canal, but no tolls when pre- scribed as above shall be changed unless six months' notice thereof

is given by the President by proclamation. (Aug. 24, 1912, ch. 390,

sec. 5, 37 Stat. 562; June 15, 1914, ch. 106, sees. 1, 2, 38 Stat. 385

[U.S. Code, title 48, sec. 1315].)

412. Bases of tolls; maximum and minimum rates.—Tolls may

be based upon ^ross or net registered tonnage, displacement ton- nage, or otherwise, and may be based on one form of tonnage for

warships and another for ships of commerce. The rate of tolls may be lower upon vessels in ballast than upon

vessels carrying passengers or cargo.

38
OPERATION, MAINTENANCE, AND GOVERNMENT [T. 2, § 421 When based upon net registered tonnage for ships of commerce

the tolls shall not exceed $1.25 per net registered ton, nor be less than 75 cents per net registered ton, subject, however, to the provisions of article 19 of the convention between the United States and the Republic of Panama, entered into November 18, 1903. If the tolls are not based upon net registered tonnage, they shall

not exceed the equivalent of $1.25 per net registered ton as nearly

as the same may be determined, nor be less than the equivalent of

75 cents per net registered ton. The toll for each passenger shall not be more than $1.50. (Aug.

24, 1912, ch. 390, sec. 5, 37 Stat. 562 ; June 15, 1914, eh. 106, sees. 1, 2,

38 Stat. 385 [U.S. Code, title 48, sec. 1315].)

Ceoss-Referbnob For article 19 of the convention between the United States and the Republic

of Panama, see appendix, p. 846. 413. Restrictions on construction of 1914 Act amending the two

next preceding sections.—The passage of the Act of June 15, 1914.

amending the two next preceding sections, shall not be construed or held:

a. As a waiver or relinquishment of any right the United States

may have under the treaty with Great Britain, ratified February 21,

1902, or the treaty with the Republic of Panama, ratified February

26, 1904, or otherwise, to discriminate in favor of its vessels by

exempting the vessels of the United States or its citizens from the

payment of tolls for passage through the canal ; or

b. As in any way waiving, impairing or affecting any right of the

United States under those treaties, or otherwise, with respect to the

sovereignty over or the ownership, control and management of the

Canal and the regulation of the conditions or charges of traflSc through the same. (June 15, 1914, ch. 106, sec. 2, 38 Stat. 386 [U.S.

Code, title 48, sec. 1317].)

Cboss-Refeeences For treaty with Great Britain, ratified February 21, 1902, see appendix, p. 837. For treaty with the Republic of Panama, ratified February 26, 1904, see appendix, p. 839. 414. Refund of amounts erroneously received as tolls.—There is appropriated, out of any money received as tolls, before such money

is covered into the Treasury as miscellaneous receipts, amounts neces- sary to refund to the parties entitled thereto amounts which have

been or may hereafter be erroneously received as tolls and covered

into the Treasury as miscellaneous receipts. (June 12, 1917, ch. 27,

sec. 1, 40 Stat. 179 [U.S. Code, title 48, sec. 1316].)

CHAPTER 24.—WIRELESS TELEGRAPHIC INSTALLATIONS

Section 421. Wireless telegraphic installations in connection

with operation of Canal.—The President is authorized:

a. To cause to be erected, maintained and operated, subject to the

International Convention and the Act of Congress to regulate radiocommunication, at suitable places along the Panama Canal and the

39
T. 2, § 421] OPERATION, MAINTENANCE, AND GOVERNMENT

coast adjacent to its two terminals, in connection with the operation

of the Canal, such wireless telegraphic installations as he may deem

necessary for the operation, maintenance, sanitation and protection

of the Canal, and for other purposes.

b. To make such agreement with the Government of Panama as may be required if it is found necessary to locate such installations

upon territory of that Republic;

c. To provide for the acceptance and transmission by said system

of all private and commercial messages and those of the Government

of Panama on such terms and for such tolls as the President may

prescribe : Provided, however, That the messages of the Government

of the United States and the departments thereof, and the management of the Panama Canal, shall always be given precedence over all other messages; and

d. In his discretion, to enter into such operating agreements or

leases with any private wireless company or companies as may best

insure freedom from interference with the wireless telegraphic

installations established by the United States. (Aug. 24, 1912.

ch. 390, sec. 6, 37 Stat. 563 [U.S. Code, title 48, sec. 1323].)

Ceo&s-Re'ferencjb For " The Act of Congress to regulate radio communication," see the Eadid

Act of 1927, as amended (U.S. Code, title 47, sees. 81 to 119).

40
THE CIVIL CODE [T. 3, § 4

TITLE 3.—THE CIVIL CODE

Ch

1. 2.

3.

4.

5.

6.

7.8.

9. 10.

11.

12.

13.

14. 15.

16. 17.

18.

Preliminary provisions... Persons

Personal rights .- Marriage

Divorce Husband and wife Children by birth. Children by adoption Guardian and ward

Foreign corporations generally Securities sales law Nature of property Owners of proper ty Modifications of ownership

Rights of owners

Termination of ownership

General definitions affecting property Personal property and particular kinds

thereof Modes in which property may be ac- quired Accession Transfer of property Proof and acknowledgment of instru- ments .- Execution and revocation of wills Interpretation of wills, and effect of vari- ous provisions General provisions relating to wills Succession

Obligations in general Nature of a contract Manner of creating contracts

Interpretation of contracts. Unlawful contracts Extinction of contracts Obligations imposed by law

Sales of goods..

Conditional sales Deposit in general Deposit for keeping

Sec. Cl

1 38

21 39. 41 40. 51 41 71 42

131 43

161 44

191 45 201 46

221 47 241 48 251 49 261 50

271 51 331 52

341 53

351 5455

361 56

57

401 58

411 59

431 60

61 491 62

521 03

64 571 65 611 66

631 67

661 68

801 69 881

901 70 931

941 71 971 72

981 73

1061 74 1091 75 nil 76

Deposit for exchange^ . Loan ..- Hiring

Service with employr Jiit Particular employme ts Service without empiyyment

Carriage in general Carriage of persons

Carriage of property Carriage of messages Common carriers Trusts in general Trusts for benefit of third persons Agency in general Factors Partnership in general General partnership

Special par tnersfaip Insurance in general

Fire insurance

Life and health insure ce.. Indemnity Guaranty in general Suretyship Liens in general Mortgage

Pledge. _.. Other liens Negotiable instruments in general

Bills of exchange

Promissory notes and checks.'. General provisions respecting negotiable instruments _ General provisions affecting chapters 34

to 69 Relief in general Compensatory relief. Specific and preventive relief Special relations of debtor and creditor.. Nuisance Maxims of jurisprudence

Sec.

1221

1231

1271

1291

1351

1381 1391

1401

1421

1461

1471 1501

1551

1611

1701 1711

1751

1811 1851 2021 2031

2041

2061 2121

2171 2231

2281

2311

2321 2491

2581

2591

2601

2611 2621

2681

2751

2801

2831 CHAPTER 1.—PRELIMINARY PROVISIONS

Sec.

1. Name of title.

2. When this title takes effect.

3. Not retroactive.

4. Rules of construction.

5. I'rovisions similar to existing laws, how

construed.

6. Actions, etc., not affected.

7. Legal holidays.

Sec.

8.

9. 10.

11.

12.

13. 14.

Business days. Computation of time. Certain acts not to be done on holidays. Words and phrases, how construed. Words ; definition ; signification of words.

Notice, actual and constructive. Constructive notice, when deemed. Section 1. Name of title.—This title shall be known as the Civil

Code of the Canal Zone. (Feb. 27, 1933, ch. 128, 47 Stat. 1124.)

Note.—The Civil Code of the Canal Zone, which comprises title 3 of the Canal Zone Code, was derived from the act of February 27, 1933, above cited. That

act was entitled "An act to provide a new civil code for the Canal Zone and to repeal the existing civil code."

2. When this title takes effect.—The code embodied ir this title shall be effective as of October 1, 1933.

3. Not retroactive.—No part of this title is retroactive, unless

expressly so declared.

4. Rules of construction.—The rule of the common law, that

statutes in derogation thereof are to be strictly construed, has no

application to this title. The title establishes the law of the Canal

93083—34- 41
T. 3, § 5] THE CIVIL CODE

Zone respecting the subjects to which it relates, and its provisions are

to be liberally construed with a view to effect its objects and to promote justice.

5. Provisions similar to existing laws, how construed.—The provisions of this title, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not

as new enactments.

6. Actions, and so forth, not affected.—No action or proceeding

commenced before this title takes effect, and no right accrued, is affected by its provisions.

7. Legal holidays.—The following are the legal holidays in the

Canal Zone within the meaning of this title: Every Sunday, January 1, February 22, Good Friday, May 30, July 4, Labor Day,

November 3, Thanksgiving Day, and December 25. If a legal holiday other than Sunday falls on the first day of the week, the Monday

following will be observed as a legal holiday. As far as practicable,

all public business will be suspended on these days.

8. Business days.—All other days than those mentioned in sec- tion 7 of this title are to be deemed business days for all purposes.

9. Computation of time.—The time in which any act provided

by law is to be done is computed by excluding the first day and

including the last, unless the last day is a holiday, and then it is also excluded.

10. Certain acts not to be done on holidays.—Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular

day, which day falls upon a holiday, it may be performed upon the

next business day, with the same effect as if it had been performed

upon the day appointed.

11. Words and phrases, how construed.—Words and phrases are construed according to the context and the approved usage of the

language; but technical words and phrases, and such others as may

have acquired a peculiar and appropriate meaning in law, or are defined in section 12 of this title, are to be construed according to such peculiar and appropriate meaning or definition. Cross-Refebences

Similar provision, see title 4, section 7. Technical words, how coustiTjed. see sections 581 and 911 of this title. Construction of words in contracts, see sections 910 and 911 of this title. 12. Words; definition; signification of words.—Words used in

this title in the present tense include the future as well as the

present; words used in the masculine gender include the feminine

and neuter ; the singular number includes the plural, and the plural

the singular ; the word " person " includes a corporation as well as a natural person; writing includes printing and typewriting; oath

includes affirmation or declaration ; and every mode of oral state- ment, under oath or affirmation, is embraced by the term " testify ", and every written one in the term " depose " ; signature or subscription includes mark, when the person cannot write, his name being

42
THE CIVIL CODE [T. 3, § 23

written near it, by a person who writes his own name as a witness

Provided, That when a signature is by mark it must in order that

the same may be acknowledged or may serve as the signature to any sworn statement be witnessed by two persons who must subscribe

their own names as witnesses thereto. The following words have

in this title the signification attached to them in this section, unless

otherwise apparent from the context:

1. The word " property " includes property real and personal

2. The words " real property " are coextensive with lands, tene- ments, and hereditaments;

3. Th-e words " personal property " include money, goods, chattels,

things in action, and evidences of debt;

4. The word " month " means a calendar month, unless otherwise

expressed

5. The word " will " includes codicil. Cboss-Refebencb

Similar provision, see title 4, section 8. 13. Notice, actual and constructive.—Notice is:

1. Actual—which consists in express information of a fact; or

2. Constructive—which is imputed by law.

14. Constructive notice, when deemed.—Every person who has

actual notice of circumstances sufficient to put a prudent man upon

inquiry as to a particular fact, has constructive notice of the fact

itself in all cases in which, by prosecuting such inquiry, he might

have learned such fact.CHAPTER 2.—PERSONS

Sec.

21. Minors, who are. 22. Periods of minority, how calculated.

23. Adults, who are. 24. Unhorn child. 25. Delegation of powers ; minors.

2G. Contracts by minors.

27. When minor may disaffirm.

28. Minor cannot disaffirm contract for

necessaries. Minor cannot disaffirm certain obli- gations.

29.

Sec.

30. Contracts by persons without understanding.

.31. Contracts by persons of unsound mind.

82. Powers of persons whose incapacity has been adjudged.

33. Minors liable for wrongs, but not

liable for exemplary damages.

34. Minors may enforce their rights.

Section 21. Minors, who are.—Minors are all persons under

twenty-one years of age : Provided, That this section shall be subject

to the provisions of chapters 4 to 6 of this title and shall not be

construed as repealing or limiting the provisions of section 174 of

this title : Provided, further, That upon the lawful marriage of any

female of the age of eighteen years or over but under the age of

twenty-one years, such female shall be deemed an adult person for

the purpose of entering into any engagement or transaction respecting property or any contract, the same as if such person were over twenty-one years of age. 22. Periods of minority, how calculated.—The periods specified

in section 21 of this title must be calculated from the first minute of

the day on which persons are born to the same minute of the

corresponding day completing the period of minority.

23. Adults, who are.—All other persons are adults.

43
T. 3, § 24] THE CIVIL CODE

24. Unborn child.—A child conceived, but not yet born, is to be

deemed an existing person, so far as may be necessary for its interests in the event of its subsequent birth.

Ceoss-Rkference

Posthumous children, rights of, see sections 291, 341, 590, and 650 of this

title. 25. Delegation of powers; minors.—A minor cannot give a dele- gation of power, nor, under the age of eighteen, make a contract

relating to real property, or any interest therein, or relating to any

personal property not in his immediate possession or control.

26. Contracts by minors.—A minor may make any other contract than as specified in the next preceding section, in the same manner as an adult, subject only to his power of disaffirmance under the provisions of this chapter, and subject to the provisions of the chapter on marriage.

27. When minor may disaffirm.—In all cases other than those

specified in sections 28 and 29 of this title, the contract of a minor,

if made whilst he is under the age of eighteen, may be disaffirmed by

the minor himself, either before his majority or within a reasonable

time afterw^ards; or, in case of his death within that period, by his

heirs or personal representatives ; and if the contract be made by the

minor whilst he is over the age of eighteen, it may be disaffirmed in

like manner upon restoring the consideration to the party from

whom it was received, or paying its equivalent.

28. Minor cannot disaffirm contract for necessaries.—A minor

cannot disaffirm a contract, otherwise valid, to pay the reasonable

value of things necessary for his support, or that of his family,

entered into by him when not under the care of a parent or guardian

able to provide for him or them.

29. Minor cannot disaffirm certain obligations.—A minor cannot

disaffii'm an obligation, otherwise valid, entered into by him under

the express authority or direction of a statute. 30. Contracts by persons without understanding.—A person

entirely without understanding has no power to make a contract of

any kind, but he is liable for the reasonable value of things furnished

to him necessary for his support or the support of his family.

CuOSS-lvEFERENCE

Contracts of insane persons, see sections 811 and 812 of this title. 31. Contracts by persons of unsound mind.—A contract of a person of unsound mind, but not entirely without understanding,

made before his incapacity has been judicially determined, is subject

to rescission, as provided in sections 951 to 954 of this title. Ckoss-Refe«ence

Rescission of contracts, see sections 951 to 954 and 2721 to 2723 of this title. 32. Powers of persons whose incapacity has been adjudged.—

After his incapacity has been judicially determined, a person of

unsound mind can make no contract, nor delegate any power or

44
THE CIVIL CODE [T. 3, § 44

waive any right, until his restoration to capacity. But a certificate from the medical superintendent or resident physician of the insane

asylum to which such person may have been committed, showing

that such person had been discharged therefrom, cured and restored

to reason, shall establish the presumption of legal capacity in such

person from the time of such discharge.

33. Minors liable for wrongs, but not liable for exemplary damages.—A minor, or person of unsound mind, of whatever degree, is civilly liable for a wrong done by him, but is not liable in exemplary damages unless at the time of the act he was capable of knowing that it was wrongful.

34. Minors may enforce their rights.—A minor may enforce his

rights by civil action, or other legal proceedings, in the same manner as a person of full age, except that a guardian must conduct

the same.

Ckoss-Refeeence

Appearance of minor by guardian, see title 4, sections 127, 128, and 695. CHAPTER 3.—PERSONAL RIGHTS

Sec. 46. Malice not inferred.

47. Personal relations forbid abduction and

seduction.

48. Right to use force.

Sec.

41. General personal rights.

42. Defamation, what.

43. Libel, what.

44. Slander, what.

4.'>. Privileged publications. Section 41. General personal rights.—Besides the personal rights

mentioned or recognized in section 1 of title 1, and in Title 6, The

Code of Criminal Procedure, every person has, subject to the qualifications and restrictions provided by law, the right of protection from

bodily restraint or harm, from personal insult, from defamation, and

from injury to his personal relations.

42. Defamation, what.—Defamation is effected by:

1. Libel;

2. Slander.

43. Libel, what.—Libel is a false and unprivileged publication

by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has

a tendency to injure him in his occupation.

CKOSS-REFEaiENCB

Privileged publication, see sections 45 and 46 of this title.

44. Slander, what.—Slander is a false and unprivileged publication other than libel, which

1. Charges any person with crime, or with having been indicted,

convicted, or punished for crime

2. Imputes in him the present existence of an infectious, contagious, or loathsome disease

3. Tends directly to injure him in respect to his office, profession,

trade, or business, either by imputing to him general disqualification

in those respects w^hich the office or other occupation peculiarly

45
T. 3, § 45] THE CIVIL CODE

requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen

its profits;

4. Imputes to him impotence or a want of chastity; or

5. Which, by natural consequence, causes actual damage.

45. Privileged publications.—A privileged publication is one made

1. In the proper discharge of an official duty.

2. In any judicial proceeding, or in any other official proceeding

authorized by law: Provided^ That an allegation or averment con- tained in any pleading or affidavit filed in an action for divorce or an action prosecuted under section 116 of this title made of or con- cerning a person by or against whom no affirmative relief is prayed

in such action shall not be a privileged publication as to the person

making said allegation or averment within the meaning of this sec- tion unless such pleading be verified or affidavit sworn to, and be made

without malice, by one having reasonable and probable cause for

believing the truth of such allegation or averment and unless such

allegation or averment be material and relevant to the issues in such

action.

3. In a communication, without malice, to a person interested

therein, (1) by one who is also interested, or (2) by one who stands

in such relation to the person interested as to afford a reasonable

ground for supposing the motive for the communication innocent, or (3) who is requested by the person interested to give the

information.

4. By a fair and true report, without malice, in a public journal,

of (1) a judicial or (2) other public official proceeding, or (3) of

anything said in the course thereof, or (4) of a verified charge or complaint made by any person to a public official, upon which

complaint a warrant shall have been issued,

5. By a fair and true report, without malice, of (1) the proceedings of a public meeting, if such meeting was lawfully convened

for a lawful purpose and open to the public, or (2) the publication of

the matter complained of was for the public benefit. Cross-Refeeence

Pleading libel, see title 4, sections 258 and 259. 46. Malice not inferred.—In the cases provided for in subdivisions

3, 4, and 5 of the next preceding section, malice is not inferred from

the communication or publication.

47. Personal relations forbid abduction and seduction.—The

rights of personal relations forbid

1. The abduction of a husband from his wife, or of a parent from

his child.

2. The abduction or enticement of a wife from her husband, or a child from a parent, or from a guardian entitled to its custody.

3. The seduction of daughter or orphan sister. Ceoss-Refekence

Action for seduction, see title 4, sections 129 and 130. Damages for seduction, see section 2665 of this title. 46
THE CIVIL CODE [T. 3, § 54

48. Right to use force.—Any necessary force may be used to protect from wrongful injury the person or property of oneself, or of

a wife, husband, child, parent, or other relative, or member of one's family, or of a ward, servant, master, or guest.

CHAPTER 4.—MARRIAGE

Sec. What constitutes marriage.

Marriage ; how proved.

What marriages void without being so

decreed. What marriages voidable. Annulment of marriage celebrated

elsewliere. Jurisdiction of annulment suit ; who

may institute suit. Legitimacy of children of annulled

marriages.

Custody of children of annulled marriages.

59. Efifect of judgment of nullity. 60. Capability of minors to contract marriage.

53

58

Sec.

61. Application for and issuance of license

fee. 62. Who may celebrate marriages ; license to celebrate marriages.

63. Certifying, signing, return, and re- cording of license ; marriage certifi- cate.

64. Violations of provisions of this chapter ; punishment.

65. Declaration where there is no record.

66. To be acknowledged and recorded.

67. Either party may proceed to test validity of marriage.

68. Marriages contracted outside of Canal

Zone.

Section 51. What constitutes marriage.—Marriage is a personal

relation arising out of a civil contract, to which the consent of

parties capable of making that contract is necessary. Consent alone

will not constitute marriage ; it must be followed by a solemnization

authorized by this title. 52. Marriage; how proved.—Consent to marriage and solemnization thereof may be proved under the same general rules of evidence

as facts are proved in other cases. 53. What marriages void without being so decreed.—(a) A

marriage celebrated in the Canal Zone after December 29, 1926, shall be void, without being so decreed

(1) If between persons related by consanguinity within the fourth

degree, determined according to sections 636 to 640 of this title

(2) If either party thereto has been previously married and such

previous marriage has not been terminated by death, annulment, or a

final decree of divorce ; or

(3) If either party thereto is not present in person at the celebration of the marriage.

(b) A void marriage may, in addition, be declared by judicial

decree, or be shown in any collateral proceeding, to have been void

from the time of its celebration. (Dec. 29, 1926, ch. 19, sec. 8, 44

Stat. 927; Feb. 27, 1933, ch. 128, sec. 39, 47 Stat. 1128.)

Cross-Refeibence

Bigamous and incestuous marriages, see title 5, sections 411 to 414.

54. What marriages voidable.—(a) A marriage celebrated in the

Canal Zone after December 29, 1926, shall be voidable

(1) If either party thereto, at the time of the marriage, is an idiot or a lunatic

(2) If the consent of either party thereto was procured by force or fraud

47
T. 3, § 55] THE CIVIL CODE

(3) If either party thereto is, at the time of the marriage, incapable, from physical cause, of entering into the marriage state

(4) If, because of the age of either party thereto, a written consent

under section 60 of this title was required, and the marriage was cele- brated without such consent ; or

(5) If, at the time of the marriage, the male is under seventeen or

the female is under fourteen years of age. (b) A voidable marriage shall be held to be valid until it is annulled, by judicial decree, as of the date of such decree. (Dec. 29,

1926, ch. 19, sec. 9, 44 Stat. 927; Jan. 22, 1927, ch. 52, 44 Stat. 1023;

Feb. 27, 1933, ch. 128, sec. 40, 47 Stat. 1128.)

55. Annulment of marriage celebrated elsewhere.—(a) A marriage celebrated outside of the Canal Zone may be declared void or may be annulled in the same manner and with the same effect as though it had been celebrated in the Canal Zone if the petitioner

shall have resided in the Canal Zone within a period of thirty days

before and a period of thirty days after the date of such marriage.

(b) A suit to have any such marriage celebrated outside the Canal

Zone declared void or annulled may, in addition, be instituted by the

district attorney of the Canal Zone in the name of the Government

of the Canal Zone. (Dec. 29, 1926, ch. 19, sec. 10, 44 Stat. 928; Feb.

27, 1933, ch. 128, sec. 41, 47 Stat. 1129.)

56. Jurisdiction of annulment suit; who may institute suit.—

(a) The district court shall have jurisdiction of a suit to have a marriage declared void or annulled.

(b) In the case of a male under twenty-one or a female under

eighteen years of age such suit may be instituted through a next

friend or by a parent or guardian. In the case of an idiot or a

]unatic such suit may be instituted through a next friend.

(c) No suit to have a marriage annulled may be instituted by a person who, when fully capable of contracting marriage, entered

into such marriage willfully and with knowledge of the circumstances rendering such marriage voidable. (Dec. 29, 1926, ch. 19, sec 11, 44 Stat. 928; Feb. 27, 1933, ch. 128, sec. 42, 47 Stat. 1129.)

57. Legitimacy of children of annulled marriages.—A judgment

of nullity of marriage does not affect the legitimacy of children

begotten before the judgment.

Ceoss-Rkfebences

Divorce as affecting legitimacy of cliildien. soe seclion 118 of this title. Legitimate children, who are, see sections 162 and 164 (if this title. Legitimacy of children of annulled marriage, see section 634 of this title. Presumption of legitimacy of children, see sections 1(5:! and 103 of this title. Who may dispute legitimacy of child, see section 104 of tliis title. Presumption of legitimacy of children, see title 4, sections liOOO and 1!007. 58. Custody of children of annulled marriages.—The court must

award the custody of the children of a marriage annulled on the

ground of fraud or force to the innocent pareut, and may also provide for their education and maintenance out of the property of

the guilty party.

48
THE CIVIL CODE [T. 3, § 61

59. Effect of judgment of nullity.—A judgment of nullity of

marriage rendered is conclusive only as against the parties to the

action and those claiming under them.

C5kobs-Refekbncb

Effect of decree of divorce, see section 117 of this title.

60. Capability of minors to contract marriage.—(a) Except as provided in subdivision (b), a male under twenty-one years or age

or a female under eighteen years of age may not enter into a marriage in the Canal Zone.

(b) A male seventeen years of age or over and under twenty-one

years of age, or a female fourteen years of age or over and under

eighteen years of age, may enter into a marriage with the written

consent of his or her natural or adopted parents, or of the parent

having custody of such male or female if such parents are divorced, or of one of such parents if the other is dead, or has deserted his or her family, or has been adjudged insane or a lunatic, or of a legally

appointed guardian if there is no parent qualified to give such

consent. (Dec. 29, 1926, ch. 19, sec. 12, 44 Stat. 928; Feb. 27, 1933,

ch. 128, sec. 46, 47 Stat. 1129.)

61. Application for and issuance of license; fee.—(a) No marriage shall be celebrated in the Canal Zone unless a license to marry

has first been secured from the clerk of the division of the district court in which the marriage is to be celebrated : Provided however,

That no marriage license shall be granted unless one of the parties

thereto is an American citizen, or a resident of the Canal Zone:

AThd provided further, That no marriage license shall be issued

to a leper except upon a certificate of approval by the chief health

officer of the Canal Zone. Such license when issued shall be accompanied by a marriage certificate to be filled in by the person cele- brating the marriage.

(b) Such clerk shall, upon application therefor in accordance with

subdivision _(c), accompanied by the written consent when required

by subdivision (b) of the next preceding section, issue a license to marry if it appears to the satisfaction of such clerk from the sworn

statement of the persons desiring to marry, or, if required by such

clerk, from the sworn statement of another, that no legal impediment to the marriage is known to exist. (c) The application for a license to marry shall state

(1) The name, address, age, color, and race of each of the persons

to be married

(2) The relationship, if any, of such persons, by consanguinity

or affinity;

(3) If either of such persons has been previously married, then

the date and place of each previous marriage, the name of each

person to whom previously married, and the manner in which each

such marriage has been terminated.

(d) The Governor shall prescribe the form of the application for

a license to marry, of the license to marry, and of the marriage

certificate.

49
T. 3, § 62] THE CIVIL CODE

(e) The clerk shall be paid a fee of $2 upon the issuance of a license to marry, and shall keep a record of all licenses issued and of

all applications for licenses, together Avith any written consent of

parents or a parent or guardian or the chief health officer accom- panying the same. Such fee shall be disposed of in the same manner

as other fees received by such clerk. (Dec. 29, 1926, ch. 19, sec. 13,

44 Stat. 928; Jan. 22, 1927, ch. 52, 44 Stat. 1023; Feb. 27, 1933, ch. 128, sec. 47, 47 Stat. 1130.)

62. Who may celebrate marriages; license to celebrate marriages.—(a) A marriage may be celebrated in the Canal Zone only

by—

(1) A magistrate of the Canal Zone.

(2) A minister in good standing in any religious society or denomination who resides in the Canal Zone.

(3) A minister in good standing in any religious society or denomination who resides in the city of Colon or the city of Panama,

in the Republic of Panama, if he has procured from the clerk of the

district court for the Canal Zone a license authorizing such minister

to celebrate marriages in the Canal Zone.

(b) The clerk shall issue the license provided for in paragraph (3)

of subdivision (a) to any such minister if such clerk is satisfied that

such minister is qualified to celebrate marriages in the Canal Zone.

The clerk shall be paid a fee of $2 for issuing and recording any

such license. Such fee shall be disposed of in the same manner as other fees received by such clerk. (Dec. 29, 1926, ch. 19, sec. 14, 44

Stat. 929; Feb. 27, 1933, ch. 128, sec. 48, 47 Stat. 1130.)

63. Certifying, signing, return, and recording of license; marriage certificate.—(a) The judicial officer or minister celebrating a marriage shall

(1) Certif}^ upon the marriage license that he celebrated such marriage, giving his official title and the time wdien and place where

such marriage was celebrated;

(2) Cause two persons who witnessed the marriage to sign their names on the marriage license as witnesses, each giving his place of

residence

(3) At the time of the marriage, fill out and sign the marriage

certificate accompanying the license and deliver it to one of the

parties to the marriage; and

(4) Within thirty days after the date of the marriage, return such

license, so certified and witnessed, to the clerk wlio issued such license. (b) Upon return of a license a,s required in subdivision (a), the

clerk shall file the same after making registry thereof in a book to be kept in his office for that purpose only, such registry to contain

the Christian and surnames of the parties, the time of their marriage,

and the name and title of the person who celebrated the marriage.

(Dec. 29, 1926, ch. 19, sec. 15, 44 Stat. 929 ; Feb. 27, 1933, ch. 128, sec. 49, 47 Stat. 1131.)

64. Violations of provisions of this chapter; punishment.—(a)

Any judicial officer or minister who is qualified to celebrate marriages

in the Canal Zone and any clerk of court who violates any of the

provisions of .sections 61 to 63 of this title shall be punished by a

60
THE CIVIL CODE [T. 3, § C8

fine of not more than $25, or by imprisonment in jail for not more

than thirty days, or by both.

(b) Any person who knowingly makes or causes to be made any

false oath as to any material matter for the purpose of procuring or aiding another to procure a marriage license shall be guilty of per- jury and shall be punished by imprisonment in the penitentiary for

not more than ten years.

(c) Any person who knowingly file,s or causes to be filed with the

clerk a written consent, any signature to which is a forgery, shall

be guilty of uttering a forged instrument and shall be punished

by imprisonment in the penitentiary for not more than fourteen years. (d) Any person who is not qualified to celebrate marriages in the

Canal Zone under this chapter and who celebrates in the Canal Zone

what purports to be a marriage ceremony shall be punished by imprisonment in the penitentiary for not more than three years. (Dec.

29, 1926, ch. 19, sec. 16, 44 Stat. 929 ; Jan. 22, 1927, ch. 52, 44 Stat. 1023; Feb. 27, 1933, ch. 128, sec. 50, 47 Stat. 1131.)

65. Declaration where there is no record.—If no record of the

solemnization of a marriage heretofore contracted, be known to

exist, the parties may join in a written declaration of such marriage,

substantially showing

(1) The names, ages, and residences of the parties.

(2) The fact of marriage.

(3) That no record of such marriage is known to exist. Such

declaration must be subscribed by the parties and attested by at

least three witnesses.

66. To be acknowledged and recorded.—Declarations of marriage

must be acloiowledged and recorded in the office of the clerk of the

district court. 67. Either party may proceed to test validity of marriage.—If

either party to any marriage denies the same, or refuses to join in a

declaration thereof, the other may proceed, by action in the district court, to have the validity of the marriage determined and

declared.

68. Marriages contracted outside of Canal Zone.—Except as otherwise provided in section 55 of this title, all marriages contracted outside of the Canal Zone, which would be valid by the laws

of the country in which the same were contracted, are valid in the

Canal Zone.

CHAPTER 5.—DIVORCE

Art. Sec.

1. Causes for divorce 71

2. Causes for denying divorce 91

Art. Sec.

3. General provisions 111

Cross-Refb3iences

Admission of defendant as evidence, see title 4, section 2155. Cross complaint for divorce and proceedings thereon, see title 4, section 228. Practice in general in suits for divorce, see title 4, section 181. Process and service thereof in suits for divorce, see title 4, sections 181 and 182. Statement of facts in divorce complaint, see title 4, section 203. Time for appearance and answer, see title 4, section 183. Venue of suits for divorce, see title 4, section 152.

61
T. 3, § 71] THE CIVIL CODE

ARTICLE 1.—CAUSES FOR DIVORCE

Sec.

71. Causes for divorce.

72. Adultery defined.

73. Desertion, what.

74. Desertion, how manifested.

75. In case of stratagem or fraud, who commits desertion.

76. In case of cruelty, where one party

leaves other, who commits desertion.

77. Separation by consent not desertion.

78. Absence becomes desertion, when.

Sec.

79. Consent to separate revocable.

80. Desertion, how cured ; effect of refus- ing condonation.

SI. Wife must abide by husband's selec- tion of home, or it is desertion on

her part.

82. If place is unfit, and wife refuses to conform, it is desertion by husband.

83. Habitual intemperance, what.

84. Extreme cruelty, what. Section 71. Causes for divorce.—In every case in which a marriage has been, or hereafter may be, contracted and solemnized between any two persons, and it shall be adjudged, in the manner hereinafter provided, (1) that either party has committed adultery subsequent to the marriage except as hereinafter provided; or (2) has

willfully deserted and absented herself or himself from the husband

or wife without any reasonable cause for a period of two years; or

(3) has been guilty of willful neglect wdiich shall consist of the

willful failure of the husband to provide for his wife the necessaries

of life, he having the ability to do so, or the willful failure to do so by reason of voluntary idleness, profligacy, or dissipation, in either case continued for a period of one year; or (4) has been guilty of

habitual drunkenness for the space of two years; or (5) has at- tempted the life of the other by any means showing malice; or (6)

has been guilty of extreme cruelty; or (7) has been subsequent to the marriage, convicted of felony, it shall be lawful for the injured

party to obtain a divorce and dissolution of such marriage contract

in the district court. (Sept. 21, 1922, ch. 370, sec. 12, 42 Stat. 1008;

Feb. 27, 1933, ch. 128, sec. 60, 47 Stat. 1132.)

72. Adultery defined.—Adultery is the voluntary sexual inter- course of a married person with a person other than the offender's

husband or wife.

73. Desertion, what.—"Willful desertion is the voluntary separation of one of the married parties from the other with intent to

desert. 74. Desertion, how manifested.—Persistent refusal to have rea- sonable matrimonial intercourse as husband and wnfe, when health

or physical condition does not make such refusal reasonably necessary, or the refusal of either party to dwell in the same house with

the other party, when there is no just cause for such refusal, is desertion.

75. In case of stratagem or fraud, who commits desertion.—

When one party is induced, by the stratagem or fraud of the other

party, to leave the family dwelling place, or to be absent, and during

such absence the offending party departs Avith intent to desert the

other, it is desertion by the party committing the stratagem or fraud,

and not by the other.

76. In ease of cruelty, where one party leaves other, who commits desertion.—Departure or absence of one party from the family

dwelling place, caused by extreme cruelty or by threats of bodily

52
THE CIVIL CODE [T. 3, § 84 harm from which danger would be reasonably apprehended from

the other, is not desertion by the absent party, but it is desertion

by the other party.

77. Separation by consent not desertion.—Separation by consent with or without the understanding that one of the parties will apply

for a divorce, is not desertion.

CROSS-REFBaJEHSrCES Agreement for separation, see section 135 of this title. Consent revocable, see section 79 of this title. 78. Absence becomes desertion, v/hen.—Absence or separation,

proper in itself, becomes desertion whenever the intent to desert is fixed during such absence or separation.

79. Consent to separate revocable.—Consent to a separation is a revocable act, and if one of the parties afterwards, in good faith,

seeks a reconciliation and restoration, but the other refuses it, such

refusal is desertion.

80. Desertion, how cured; effect of refusing condonation.—If one party deserts the other, and before the expiration of the statutory

period required to make the desertion a cause of divorce, returns and

offers in good faith to fulfill the marriage contract, and solicits con- donation, the desertion is cured. If the other party refuse such offer and condonation, the refusal shall be deemed and treated as desertion

by such party from the time of refusal. 81. Wife must abide by husband's selection of home, or it is desertion on her part.—The husband may choose any reasonable

place or mode of living, and if the wife does not conform thereto, it is desertion.

82. If place is unfit, and wife refuses to conform, it is desertion

by husband.—If the place or mode of living selected by the husband

is unreasonable and grossly unfit, and the wife does not conform

thereto, it is desertion on the part of the husband from the time her

reasonable objections are made known to him.

83. Habitual intemperance, what.—Habitual drunkenness is that

degree of intemperance from the use of intoxicating drinks which

disqualifies the person a great portion of the time from properly

attending to business, or which would reasonably inflict a course of

great mental anguish upon the innocent party.

84. Extreme cruelty, what.—Extreme cruelty is the wrongful

infliction of grievous bodily injury, or grievous mental suffering,

upon the other by one party to the marriage.

58
T. 3, § 91] THE CIVIL CODE

ARTICLE 2.—CAUSES FOB DENYING DIVORCE

Sec. 91. Divorces denied, on showing what.

92. Connivance, what.

93. Corrupt consent, how manifested.

94. Collusion, what.

95. Condonation, what.

96. Requisites to condonation.

97. Condonation implies what.

98. Evidence of condonation.

99. Condonation ; can only be made when.

100. Concealment of facts in certain cases makes condonation void.

Sec. 101. Condonation, how revoked.

102. Recrimination, what.

103. Condonation ; when to bar defense.

104. Divorce, when denied.

105. Lapse of time establishes certain pre- sumptions.

106. Presumptions may be rebutted.

107. Limitation of time. 108. Residence of plaintiff in suit for

divorce.

91. Divorces denied, on showing what.- -Divorces must be denied

npon showing:

1. Connivance;

2. Collusion;

3. Condonation;

4. Recrimination; or

5. Limitation and lapse of time.

Ceoss-Referewces

Connivance, see section 92 of tliis title. Collusion, see section 94 of this title. Condonation, see sections 95 et seq., of this title. Recrimination, see sections 102 et seq., of this title. Limitation and lapse of time, see sections 104 et seq., of this title. 92. Connivance, what.—Connivance is the corrupt consent of one

party to the commission of the acts of the other, constituting the cause of divorce.

93. Corrupt consent, how manifested.—Corrupt consent is manifested by passive permission, with intent to connive at or actively

procure the commission of the acts complained of. 94. Collusion, what.—Collusion is an agreement between husband

and wife that one of them shall commit, or appear to have committed, or to be represented in court as having committed, acts constituting a cause of divorce, for the purpose of enabling the other

to obtain a divorce.

95. Condonation, what.—Condonation is the conditional forgive- ness of a matrimonial offense constituting a cause of divorce.

Cboss-Refebences

Revoking condonation, see section 101 of this title. Condonation of a recriminatory defense, see section 103 of this title. 96. Requisites to condonation.—The following requirements are necessary to condonation:

1. A knowledge on the part of the condoner of the facts constituting the cause of divorce

2. Reconciliation and remission of the offense by the injured

party;

3. Restoration of the offending party to all marital rights.

97. Condonation implies what.—Condonation implies a condition

subsequent; that the forgiving party must be treated with conjugal

kindness54
THE CIVIL CODE [T. 3, § 106

98. Evidence of condonation.—Where the cause of divorce consists of a course of offensive conduct, or arises, in cases of cruelty,

from excessive acts of ill treatment which may, aggregately, consti- tute the offense, cohabitation, or passive endurance, or conjugal

kindness, shall not be evidence of condonation of any of the acts constituting such cause, unless accompanied by an express agreement

to condone.

99. Condonation; can only be made when.—In cases mentioned

in the next preceding section, condonation can be made only after the cause of divorce has become complete, as to the acts complained of. 100. Concealment of facts in certain cases makes condonation

void.—A fraudulent concealment by the condonee of facts constituting a different cause of divorce from the one condoned, and existing at the time of condonation, avoids such condonation.

101. Condonation, how revoked.—Condonation is revoked and

the original cause of divorce revived

1. When the condonee commits acts constituting a like or other

cause of divorce ; or

2. When the condonee is guilty of great conjugal unkindness, not

amounting to a cause of divorce, but sufficiently habitual and gross

to show that the conditions of condonation had not been accepted in

good faith, or not fulfilled. 102. Recrimination, what.—Eecrimination is a showing by the

defendant of any cause of divorce against the plaintiff, in bar of the

plaintiff's cause of divorce.

103. Condonation; when to bar defense.—Condonation of a cause of divorce, shown in the answer as a recriminatory defense, is a bar to such defense, unless the condonation be revoked, as provided

in section 101 of this title, or two years have elapsed after the

condonation, and before the accruing or completion of the cause of

divorce against which the recrimination is shown.

104. Divorce, when denied.—A divorce must be denied:

(1) When the cause is adultery and the action is not commenced

within two years after the commission of the act of adultery, or

after its discovery by the injured party.

(2) When the cause is conviction of felony, and the action is not

commenced before the expiration of two years after a pardon, or

the termination of the period of sentence.

(3) In all other cases when there is an unreasonable lapse of time

before the commencement of the action.

105. Lapse of time establishes certain presumptions.—Unreasonable lapse of time is such a delay in commencing the action as

establishes the presumption that there has been connivance, collusion, or condonation of the offense, or full acquiescence in the same, with intent to continue the marriage relation notwithstanding the

commission of such offense. 106. Presumptions may be rebutted.—The presumptions arising

from lapse of time may be rebutted by showing reasonable grounds

for the delay in commencing the action. 55
T. 3, § 107] THE CIVIL CODE

107. Limitation of time.—There are no limitations of time for

commencing actions for divorce, except such as are contained in

section 104 of this title. 108. Residence of plaintiff in suit for divorce.—(a) Any person

having an official residence within the territorial limits of the Canal

Zone, or who resides therein for the purpose of any occupation or employment, shall, during such residence, be deemed a resident of

the Canal Zone for the purpose of this chapter and sections 152,

181 to 183, 203, 228, and 2155 of title 4, notwithstanding that he or she may not have acquired a permanent domicile within the Canal

Zone.

(b) No plaintiff shall be entitled to a divorce who has not actually

resided in the Canal Zone continuously during the whole year next

before the filing of his or her complaint, which residence shall be

duly proven by the plaintiff to the satisfaction of the court by at

least two witnesses who are residents of the Canal Zone; and the

plaintiff shall file with the complaint his or her own affidavit, in

which he or she shall state the length of time plaintiff has resided

in the Canal Zone, the place or places where he or she has resided

for the last preceding vear. and his or her office or occupation. (Sept.

21, 1922 ch. 370, sec. 13, 42 Stat. 1008; Feb. 27, 1933, ch. 128, sec. 91, 47

Stat. 1135.)

Ceoss-Reference Venue in suit for divorce, see title 4, section 152. ARTICLE 3.—GENERAL PROVISIONS

Sec. 111. Marriage, how dissolved. 112. Custody and care of children pending

suit. 113. Alimony pending suit. 114. When bill is taken as confessed

default. 115. Maintpnance by husband where divorce

denied.

116. Action for permanent support of wife.

117. Effect of divorce in general,

lis. Legitimacy of children. 119. Interlocutory order and appeal there- from ; final decree of divorce. 120. Alimony and maintenance ; care, cus- tody, and support of children.

Sec. 121. Court shall resort to what, in execut- ing certain sections. 122. If wife has sufflciont for her support,

court may withhold allowance.

123. Community and separate property may

be subjected to support and educate

children.

124. Disposition of community property on

divorce.

12.'5. Same.

126. Compelling conveyance of property be- longing to other spouse.

127. Resumption of maidon or former hus- band's name.

128. Decrees and orders prior to September 21, 1922, legalized. 111. Marriage, how dissolved.—Marriage is dissolved only:

(1) By the death of one of the parties; or

(2) By the judgment of a court of competent jurisdiction decreeing

a divorce of the parties.

112. Custody and care of children pending suit.—The court may,

en the application of either party, make such order concerning the

custody and care of the minor children of the parties during the

pendencv of the suit as may be deemed expedient and for the benefit

of the children. (Sept. 21, 1922, ch. 370, sec. 17, 42 Stat. 1010; Feb.

27, 1933, ch. 128, sec. 93, 47 Stat. 1136.)

113. Alimony pending suit.—In all cases of divorce the court may

require the husband to pay to the wife or Day into court for her

66
THE CIVIL CODE [T. 3, § 116

use during the pendency of the suit such sum or sums of money as may enable her to maintain or defend the suit ; and in every suit for

divorce, the wife, when it is just and equitable, shall be entitled to alimony during the pendency of the suit. And in case of appeal

by the husband, the district court may grant and enforce the payment

of such money for her defense and such equitable alimony during

the pendency of the appeal as to the court shall seem reasonable and

proper. (Sept. 21, 1922, ch. 370, sec. 20, 42 Stat. 1010; Feb. 27, 1933,

ch. 128, sec. 94, 47 Stat. 1136.)

Cboss-Referenoej

Property resorted to in executing tliis section, see section 121 of this title. 114. When bill is taken as confessed; default.—If the bill is taken as confessed, the court shall proceed to hear the cause by examination of witnesses in open court, and in no case of default shall the

court grant a divorce unless the judge is satisfied that all proper means have been taken to notify the defendant of the pendency of the

suit, and that ih.Q cause of divorce has been fully proven by competent evidence. Whenever the district judge is satisfied that the in- terests of the defendant require it, the court may order such additional notice as equity may seem to require. (Sept. 21, 1922, ch. 370,

sec. 16, 42 Stat. 1010; Feb. 27, 1933, ch. 128, sec. 95, 47 Stat. 1136.)

115. Maintenance by husband where divorce denied.—Though

judgment of divorce is denied, the court may, in an action for di- vorce, provide for the maintenance by the husband, of the wife and

children of the marriage, or any of them.

Cross-References

Alimony generally, see section 120 of this title. Property resorted to in executing this section, see section 121 of this title. 116. Action for permanent support of wife.—When the husband

willfully deserts the wife or when the husband willfully fails to provide for the wife or when the wife has any cause of action for di- vorce as provided in section 71 of this title, she may, without applying for divorce, maintain in the district court an action against

him for permanent support and maintenance of herself or of herself and children. During the pendency of ,such action the court may, in its discretion, require the husband to pay as alimony any

money necessary for the prosecution of the action and for support

and maintenance, and execution may issue therefor in the discretion

of the court. The court, in granting the wife permanent support

and maintenance of herself, or of herself and children, in any such

action, shall make the same disposition of the commimity property

as would have been made if the marriage had been dissolved by the

decree of a court of competent jurisdiction. The final judgment

in such action may be enforced by the court by such order or orders

as in its discretion it may from time to time deem necessary, and

auch order or orders may be varied, altered, or revoked at the dis- cretion of the court. Cboss-Refehencb

Property resorted to in executing this section, see section 121 of this title.

93083—34 5 57
T. 3, § 117] THE CIVIL CODE

117. Effect of divorce in general.—The effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried

persons.

118. Legitimacy of children.—No divorce shall in anywise affect the legitimacy of the children of such marriage. (Sept. 21, 1922,

ch. 370, sec. 18, 42 Stat. 1010; Feb. 27, 1933, ch. 128, sec. 99, 47 Stat. 1137.)

Cboss-Referbnces

Issue of marriages dissolved by divorce legitimate, see section 634 of this

title. Legitimacy of children of annulled marriages, see section 57 of this title. 119. Interlocutory order and appeal therefrom; final decree of

divorce.—(a) No final decree granting a divorce shall be entered

until after the expiration of the period of six months from the date

of the entry of an interlocutory order adjudging that a case for di- vorce has been proved, and every such interlocutory order shall ex- pressly state that no divorce is granted by it. An appeal may be

taken from any such interlocutory order in the same manner and

within the same time as an appeal from a final decree of guch court

in any other proceeding.

(b) After the expiration of such period of six months, or if an

appeal is taken and the case is pending at the time of the expiration of such period then after the final disposition of the case

if determined in favor of the plaintiff, the court, upon application

filed within thirty days after the expiration of such period or such

final disposition, by the person in who,se favor such interlocutory

order was entered, shall enter a final decree granting a divorce. II no such application is made, the court may, on its own motion, within

three months after the expiration of such thirty-day period, enter a final decree of divorce. No appeal may be taken from such final decree. (Sept. 21, 1922, ch. 370, sec. 21, 42 Stat. 1011; Dec. 29, 1926,

ch. 19, sec. 5, 44 Stat. 926; Feb. 27, 1933, ch. 128, sec. 100, 47 Stat. 1137.)

120. Alimony and maintenance; care, custody, and support of

children.—When a divorce shall be decreed the court may make such

order touching the alimony and maintenance of the wife, the care, custody, and support of the children, or any of them as, from the

circumstances of the parties and the nature of the case, shall be

reasonable and just, and in case the wife be plaintiff, may order the

defendant to give reasonable security for such alimony and maintenance, or may enforce the payment of such alimony and mainte- nance in any other manner consistent with the rules and practice of

the court. And the court may, on application, from time to time

make such alterations in the allowance of alimony and maintenance

and the care, custody, and support of the children as shall appear

reasonable and proper. In decreeing a divorce to the wife the court may order the husband to pay alimony in a gross sum or in install- ments as may seem best. And it may make such orders and enforce

the same by attachment and secure the payment of such alimony,

but judgment for alimony cannot be taken when the defendant is

58
THE CIVIL CODE [T. 3, § 128

not personally served with summons or does not voluntarily appear.

(Sept. 21, 1922, ch. 370, sec. 20, 42 Stat. 1010; Feb. 27, 1933, ch. 128,

sec. 101, 47 Stat. 1137.)

CBOSS-REI'EaBNCE Property resorted to in executing this section, see section 121 of this title. 121. Court shall resort to what, in executing certain sections.—

In executing sections 113, 115, 116 and 120 of this title, the court must

resort

1. To the community property ; then,

2. To the separate property of the husband.

122. If wife has sufficient for her support, court may withhold

allowance.—When the wife has either a separate estate, or there is community property sufficient to give her alimony or a proper support, the court, in its discretion, may withhold any allowance to her out of the separate property of the husband.

123. Community and separate property may be subjected to support and educate children.—^The community property and the

separate property may be subjected to the support and education of

the children in such proportions as the court deems just.

124. Disposition of community property on divorce.—In case of

the dissolution of the marriage by the decree of a court of competent

jurisdiction, the community property shall be assigned to the re- spective parties in such proportions as the court, from all the facts

of the case, and the condition of the parties, may 'deem just.

125. Same.—The court, in rendering a decree of divorce, must

make such order for the disposition of the community property,

as in this chapter provided, and, whenever necessary for that purpose,

may order a partition or sale of the property and a division or other

disposition of the proceeds.

126. Compelling conveyance of property belonging to other

spouse.—Whenever a divorce is granted, if it shall appear to the

court that either party holds the title to property equitably belonging to the other, the court may compel conveyance thereof to the

party entitled to the same, upon such terms as it shall deem equitable.

(Sept. 21, 1922, ch. 370, sec. 20, 42 Stat. 1010; Feb. 27, 1933, ch. 128,

sec. 107, 47 Stat. 1138.)

127. Resumption of maiden or former husband's name.—The

court, upon granting to a woman a divorce from the bonds of matrimony, may allow her to resume her maiden name or the name of

any former husband. (Sept. 21, 1922, ch. 370, sec. 20, 42 Stat. 1010;

Feb. 27, 1933, ch. 128, sec. 108, 47 Stat. 1138.)

128. Decrees and orders prior to September 21, 1922, legalized.—All proceedings in the district court of the Canal Zone,

wherein and whereby a decree of divorce was granted prior to September 21, 1922, upon personal service, or service by publication,

and wherein other orders were made affecting the status of the

parties or their children, are hereby legalized. (Sept. 21, 1922, ch. 370, sec. 22, 42 Stat. 1011; Feb. 27', 1933, ch. 128, sec. 109, 47 Stat. 1138.)
T. 3, § 131] THE CIVIL CODE

CHAPTER 6.—HUSBAND AND WIFE

Sec. 131. Mutual obligations of husband and

wife.

1.32. Rights of husband, ms head of family.

133. In other respects their interests sep- arate.

134. Husband and wife may make contracts. 135. Husband and wife; property relations. 136. Consideration for agreement of sep- aration.

137. May hold property how.

138. Separate property of the wife. 139. Separate property of the husband.

140. Property acquired after marriage.

141. Inventory of separate property of

wife. 142. Filing inventory notice of wife's title. 143. Community property ; contracts by

wife.

Sec. 144. Earnings of wife not liable for debts

of the husband.

145. Earnings of wife, when living separate, separate property.

146. Liability for debts of wife contracted

before marriiige. 147. Liability of separate property of wife.

148. Married woman's torts. 149. Management of community personal

property.

150. Support of wife. 151. Husband not liable when abandoned

by wife. 152. When wife must support husband.

153. Rights of husband and wife governed

by what.

154. Marriage settlement contracts, how

executed.

155. Minors may make marriage settle- ments. Section 131. Mutual obligations of husband and wife.—Husband

and wife contract towards each other obligations of mutual respect,

fidelity, and support.

CkOSS-Re3FERENCB8 Abandonment or omission to provide for wife, as misdemeanor, see title 5, section 441. Motlier aiding in support of cliildren, see section 166 of this title. Husband's support of wife, see sections 150 and 151 of this title. Wife's support of husband, see section 152 of this title. 132. Rights of husband, as head of family.—The husband is the

head of the family. He may choose any reasonable place or mode of

living, and the wife must conform thereto.

Ceoss-Re^'ebences Parent clianging residence of child, see section 183 of this title. HiLsband's selection of dwelling place, etc., see section 81 of this title. 133. In other respects their interests separate.—Neitlier husband nor wife has any interest in the property of the other, but

neither can be excluded from the other's dwelling.

134. Husband and wife may make contracts.—Either husband

or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might

if unmarried; subject, in transactions between themselves, to the

general rules which control the actions of persons occupying confi- dential relations with each other, as defined by chapters 49 and 50

of this title on trusts. 135. Husband and wife; property relations.—A husband and

wife cannot, by any contract with each other, alter their legal relations, except as to property, and except that they may agree, in

writing, to an immediate separation, and may make provision for

the support of either of them and of their children during such

separation.

Cross-Referencb

Marriage settlements, see sections 153 to 155 of this title.

60
THE CIVIL CODE [T. 3, § 143

136. Consideration for agreement of separation.—The mutual

consent of the parties is a sufficient consideration for such an agreement as is mentioned in the next preceding section.

137. May hold property, how.—A husband and wife may hold

property by joint interests, by interests in common, or as comnmnity

property.

138. Separate property of the wife.—All property of the wife,

owned by her before marriage, and that acquired afterwards by gift,

bequest, devise, or descent, with the rents, issues, and profits thereof,

is her separate property. The wife may, without the consent of her

husband, convey her separate property.

139. Separate property of the husband.—All property owned by

the husband before marriage, and that acquired afterwards by gift,

bequest, devise, or descent, with the rents, issues, and profits thereof,

is his separate property.

Cboss-Refebences

Commuuity property, see section 280 of this title. Community property liable for what debts, see section 143 of this title. Husband's control over community property, see section 149 of this title. Descent of community property, see sections 648 and 649 of this title. 140. Property acquired after marriage.—All other property ac- quired after marriage by either husband or wife, or both, including

personal property wherever situated, heretofore or hereafter ac- quired while domiciled elsewhere, which would not have been the

separate property of either if acquired while residing in the Canal

Zone, is community property; but whenever personal property, or any interest therein or encumbrance thereon, is acquired by a married

woman by an instrument in writing the presumption is that the same

is her separate property, and if acquired by such married woman

and her husband, or by her and any other person, the presumption

is that she takes the part acquired by her, as an interest in common,

unless a different intention is expressed in the instrument; and the

presumptions in this section mentioned are conclusive in favor of

a purchaser, encumbrancer, payor, or any other person dealing with

such married woman, in good faith and for a valuable consideration.

Ceoss-Re3'ebbncb

See, also, section 280 of this title. 141. Inventory of. separate property of wife.—A full and complete inventory of the separate personal property of the wife may

be made out and signed by her, acknowledged or proved in the manner required by chapter 22 of this title, and recorded in the

office of the registrar of property.

142. Filing inventory notice of wife's title.—The filing of the

inventory in the office of the registrar of property is notice and prima

facie evidence of the title of the wife.

143. Community property; contracts by wife.—The property of

the community is not liable for the contracts of the wife, made after
T. 3, § 144] THE CIVIL CODE

marriage, unless secured by mortgage thereof executed by the

husband.

Ceoss-Re^'ebences Debts of wife, see sections 146, 147, and 150 of this title. Community property is liable for husband's debts, see section 149 of this

title. Necessaries furnished wife, see section 150 of this title. 144. Earnings of wife not liable for debts of the husband.—The

earnings of the wife are not liable for the debts of the husband.

145. Earnings of wife, when living separate, separate property.—The earnings and accumulations of the wife, while she is living separate from her husband, are her separate projDerty.

146. Liability for debts of wife contracted before marriage.—

The separate property of the husband is not liable for the debts of

the wife contracted before the marriage.

147. Liability of separate property of wife.—The separate property of the wife is liable for her own debts contracted before or after

her marriage, but is not liable for her husband's debts: Provided,

That the separate property of the wife is liable for the payment of

debts contracted by the husband or wife for the necessaries of life furnished to them or either of them while they are living together:

Provided, That the provisions of the foregoing proviso shall not apply to the separate property of the wife held by her at the time of

her marriage or acquired by her by devise, succession, or gift, other

than by gift from the husband, after marriage.

148. Married woman's torts.—For civil injuries committed by a married woman, damages may be recovered from her alone, and her

husband shall not be liable therefor, except in cases where he would

be jointly liable with her if the marriage did not exist. 149. Management of community personal property.—The husband has the management and control of the community personal

property, with like absolute power of disposition, other than testa- mentary, as he has of his separate estate: Provided, however, That

he cannot make a gift of such community personal property, or

dispose of the same without a valuable consideration, or sell, convey,

or encumber the furniture, furnishings, or fittings of the home, or

the clothing or wearing apparel of the wife or minor children that

is community, without the written consent of the wife.

Cross-Rei-ekences

Community property generally, see section 140 of this title. Dissolution of t!ie commimity by divorce, see section 125 of this title. Testamentary control over community property, see sections 648 and 649

of this title. 150. Support of wife.—If the husband neglects to make adequate

provision for the support of his wife, except in the cases mentioned

in the section next following, any other person may, in good faith,

82
THE CIVIL CODE [T. 3, § 161 supply her with articles necessary for her support, and recover the

reasonable value thereof from the husband.

Cross-Referenc?e Abandonment or omission to provide for wife, as misdemeanor, see title 5, section 441. 151. Husband not liable when abandoned by wife.—A husband

abandoned by his wife is not liable for her support until she offers to return, unless she was justified, by his misconduct, in abandoning

him; nor ig he liable for her support when she is living separate

from him, by agreement, unless such support is stipulated in the

agreement.

152. When wife must support husband.—The wife must support

the husband when he has not deserted her, out of her separate property, when he has no separate property, and there is no community

property, and he is unable, from infirmity, to support himself.

Cross-Rb:febence Mutual obligations of support, see section 131 of this title. 153. Rights of husband and wife governed by what.—The property rights of husband and wife are governed by this chapter,

unless there is a marriage settlement containing stipulations contrary

thereto.

154. Marriage settlement contracts, how executed.—All contracts for marriage settlements must be in writing; subscribed bj^

the party to be charged or by his agent thereunto authorized in

writing; and acknowledged or proved in the manner prescribed in

chapter 22 of this title. 155. Minors may make marriage settlements.—A minor capable

of contracting marriage may make a valid marriage settlement.

CHAPTER 7.—CHILDREN BY BIRTH

Sec. 161. Legitimacy of issue of wife coliablting

witli husband.

162. Legitimacy of children born In wedlock. 163. Legitimacy of children born after dis- solution of marriage.

164. Who may di.'^pute the legitimacy of a

child. 165. When child becomes legitimate.

166. Obligation of parents for the support and education of their children.

167. Custody of minors.

168. Husband and wife living separate, neither to have superior right to custody of children.

169. When husband or wife may bring ac- tion for the exclusive control of children ; decree in such cases. 170. Custody of illegitimate child. 171. Allowance to parents.

172. Parent cannot control property of

child.

Sec. 173.

174. 175.

Remedy for parental abuse. When parental authority ceases. Remedy when parent dies without pro- viding for the support of his child. 176. Reciprocal duties of parents and chil- dren in maintaining each other.

177. When parent is liable for necessaries supplied to child. 178. When parent is not liable for support

furnished his child. 179. Husband not bound for the support

of his wife's children by a former

marriage.

180. Compensation and support of adult

child. 181. Parent may relinquish services and

custody of child. 182. Wages of minors.

183. Right of parent to determine the resi- dence of child.

Section 161. Legitimacy of issue of wife cohabiting with husband.—The issue of a wife cohabiting with her husband, who is not

impotent, is indisputably presumed to be legitimate.
T. 3, § 162] THE CIVIL CODE

162. Legitimacy of children born in wedlock.—All children born

in wedlock are presumed to be legitimate.

Cross-Refebences

Father legitimating child by acknowledging it, see section 196 of this title. Illegitimates, heirs to whom, see section 634 of this title, ^legitimacy of children of nullified marriage, see section 57 of this title. Legitimating children by marriage of parents, see section 165 of this title. Mother entitled to custody of illegitimate unmarried minor, see section 170

of this title. Mother succeeds to estate of illegitimate, see section 635 of this title. Rebutting presumption of legitimacy, see section 164 of this title. Presumption of legitimacy, see title 4, sections 2006 and 2007. 163. Legitimacy of children born after dissolution of marriage.—All children of a woman who has been married, born within

ten months after the dissolution of the marriage, are presumed to be

legitimate children of that marriage.

164. Who may dispute the legitimacy of a child.—The presumption of legitimacy can be disputed only by the husband or wife, or

the descendant of one or both of them. Illegitimacy, in such case, may be proved like any other fact. 165. When child becomes legitimate.—A child born before wedlock becomes legitimate by the subsequent marriage of its parents.

166. Obligation of parents for the support and education of

their children.—The parent entitled to the custody of a child must

give him support and education suitable to his circumstances: Provid^d^ That if a child has earnings of his own sufficient therefor, the

cost of his support and education may be taken therefrom. If the

support and education which the father of a legitimate child is able

to give are inadequate, the mother must assist him to the extent of

her ability.

Cboss-Reference

Abnndonment or omission to provide for child, as misdemeanor, see title 5, section 441. 167. Custody of minors.—The father and mother of a legitimate

unmarried minor child are equally entitled to its custody and services. If either the father or mother be dead or unable or refuse to take the custody or has abandoned his or her family, the other is entitled to its custody and services.

CrOSS-REFE3{ENCES

Action for control of child, see section 169 of this title. Control over property of child, see section 172 of this title. Relinquishing light to child's earnings, see section 181 of this title. 168. Husband and wife living separate, neither to have superior

right to custody of children.—The husband and father, as such, has no rights superior to those of the wife and mother, in regard to the care, custody, education, and control of the children of the

marriage, while such husband and wife live separate and apart from

each other.

64
THE CIVIL CODE [T. 3, § 176

169. When husband or wife may bring action for the exclusive

control of children ; decree in such cases.—Without application for a divorce, the husband or the wife may brinj^ an action for the

exclusive control of the children of the marriage; and the district court may, during the pendency of such action, or at the final hearing thereof, or afterwards, make such order or decree in regard to the support, care, custody, education, and control of the children of

the marriage, as may be just, and in accordance with the natural

rights of the parents and the best interests of the children, and

may at any time thereafter amend, vary, or modify such order or

decree, as tne natural rights and the interests of the parties, including

the children, may require.

170. Custody of illegitimate child.—The mother of an illegitimate unmarried minor is entitled to its custody and services.

Ckoss-Refeeence

Inheritance from illegitimate child, see section 635 of this title. 171. Allowance to parent.—The district court may direct an al- lowance to be made to the parent of a child, out of its property,

for its past or future support and education, on such conditions as may be proper, whenever such direction is fer its benefit. 172. Parent cannot control property of child.—The parent, as such, has no control over the property of the child.

173. Remedy for parental abuse.—The abuse of parental authority is the subject of judicial cognizance in a civil action brought by

the child, or by its relative within the third degree, or by the district

attorney of the Canal Zone; and when the abuse is established,

the child may be freed from the dominion of the parent, and the

duty of support and education enforced.

CeOSS-REFERENCE8 Parental duty, see section 166 of this title. Abuse or abandonment of child, as misdemeanor, see title 5, section 443. 174. When parental authority ceases.—The authority of a parent

ceases

1. Upon the appointment, by a court, of a guardian of the person

of a child;

2. Upon the marriage of the child ; or

3. Upon its attaining majority.

175. Remedy when parent dies without providing for the support of his child.—If a parent chargeable with the support of a child

dies, leaving it a public charge, and leaving an estate sufficient for its support, the district attorney may claim provision for its support from the parent's estate by civil action, and for this purpose

may have the same remedies as any creditors against that estate, and against the heirs and next of kin of the parent.

176. Reciprocal duties of parents and children in maintaining

each other.—It is the duty of the father, the mother, and the chil- dren of any poor person who is unable to maintain himself by work,

65
T. 3, § 177] THE CIVIL CODE

to maintain such person to the extent of their ability. The promise

of an adult child to pay for necessaries previously furnished to such

parent is binding.

Ceoss-References

Mother supporting children, see section 166 of this title. Wife supporting husband, see section 152 of this title. 177. When parent is liable for necessaries supplied to child.—

If a parent neglects to provide articles necessary for his child who

is under his charge, according to his circumstances, a third person

may in good faith supply such necessaries, and recover the reasonable

value thereof from the parent.

CrOSS-REFEKEayCE

Infant liable on contract for necessaries, see section 28 of this title. 178. When parent is not liable for support furnished his chUd.—

A parent is not bound to compensate the other parent, or a relative,

for the voluntary support of his child, without an agreement for

compensation, nor to compensate a stranger for the support of a child who has abandoned the parent without just cause. 179. Husband not bound for the support of his wife's children

by a former marriage.—A husband is not bound to maintain his

wife's children by a former husband; but if he receives them into

his family and supports them, it is presumed that he does so as a parent, and, where such is the case, they are not liable to him for

their support, nor he to them for their services.

180. Compensation and support of adult child.—Where a child,

after attaining majority, continues to serve and to be supported

by the parent, neither party is entitled to compensation, in the

absence of an agreement therefor.

181. Parent may relinquish services and custody of child.—The

parent, whether solvent or insolvent, may relinquish to the child

the right of controlling him. Abandonment by the parent is pre- sumptive evidence of such relinquishment.

182. Wages of minors.—The wages of a minor employed in service may be paid to him.

183. Right of parent to determine the residence of child.—

parent entitled to the custody of a child has a right to change his

residence, subject to the power of the proper court to restrain a removal which would prejudice the rights or welfare of the child. Cross-IIeference

Residence, husband's right to change, see section 132 of this title. CHAPTER 8.—CHILDREN BY ADOPTION

Sec. 191. How child may be adopted.

192. Adoption by stepfather.

193. Order of the court.

194. Effect of the order.

Sec.

195. Consent to adoption of Illegitimate

cliild. 196. Adoption of illegitimate child by

father. Section 191. How child may be adopted.—A resident of the Canal

Zone, not married, or a husband and wife jointly, may petition the

66
THE CIVIL CODE [T. 3, § 196

district court for leave to adopt a minor child ; but a written consent must be given for the adoption by the child, if of the age of four- teen years, and by each of his or her living parents who i^ not hopelessly insane or intemperate, or has not abandoned such child, or

if there are no such parents, or if the parents are unknown, or have abandoned such child, or if they are hopelessly insane or in- temperate, then by the legal guardian, or if there is no such guardian, then by a discreet and suitable person appointed by the court

to act in the proceedings as the next friend of such child ; but when

such child is an inmate of a charitable or eleemosynary institution

within the Canal Zone, and has been previously abandoned by its parents or guardians thereto, then the written consent of the head

of such institution must be given : Provided, nevertheless, That nothing herein contained shall authorize a guardian to adopt his ward

before the termination of the guardianship and the final settlement

and approval of his accounts as guardian by the court. 192. Adoption by stepfather.—A resident of the Canal Zone,

being the husband of any woman who has a minor child by a deceased husband, may petition the district court for leave to adopt

such minor child and for a change in the name of such child; but

the written consent must be given to the adoption by the child, if of the age of fourteen years, and by the mother of such child, if she is not hopelessly insame or intemperate, or if such mother is hopelessly insane or intemperate, then by the legal guardian of such

child, or if there is no such guardian, then by a discreet and suitable

person appointed by the court to act in the proceedings as the next

friend of such child,

193. Order of the court.—When the foregoing provisions are complied with, if the court is satisfied with the ability of the petitioner to bring up and educate the child properly, having refer- ence to the degree and condition of the child's parents and the fitness and propriety of such adoption, it shall make an order setting forth

the facts and declaring that from that date said child, to all legal

intents and purposes, is the child of the petitioner and that its name

is thereby changed. The order shall be recorded in the records of

the court. 194. Effect of the order.—The natural parents, except when such

child is adopted under the provisions of section 192 of this title, shall,

by such order, be divested of all legal rights and obligations in

respect to the child, and the child shall be free from all legal obligations of obedience and maintenance with respect to them. Such child

shall be to all intents and purposes the child and legal heir of the

person adopting him or her, entitled to all the rights and privileges,

and subject to all the obligations of a child of such person begotten

in lawful wedlock.

195. Consent to adoption of illegitimate child.—If the child to be adopted is illegitimate, the consent of the father to adoption shall

not be required.

196. Adoption of illegitimate child by father.—The father of an

illegitimate child, by publicly acknowledging it as his own, receiving

67
T. 3, § 201] TBE CIVIL CODE

it as such, with the consent of his wife, if he is married, into his

family, and otherwise treating it as if it were a legitimate child,

thereby adopts it as such; and such child is thereupon deemed for

all purposes legitimate from the time of its birth. The foregoing

provisions of this chapter do not apply to such an adoption.

CROSS-REFE3lEa^CE Affecting inheritance, see section 634 of this title. CHAPTER 9.—GUARDIAN AND WARD

Sec. 201. Guardian, what.

202. Ward, what.

203. Kinds of guardians.

204. General guardian, what.

205. Special guardian, what.

206. Guardian ; appointment by will, and

so forth. 207. Appointment by will or deed of guardian.

208. Rules for awarding custody of minor.

Sec. 209. Relation confidential. 210. Guardian under direction of court. 211. Death of a Joint guardian.

212. Removal of guardian.

213. Guardian appointed by parent, how

superseded.

214. Suspension of power of guardian.

215. Release by ward.

216. Guardian's discharge.

CeOSS-REFEatENCB

Judicial appointment of guardians, see Title 4, The Code of Civil Procedure. Section 201, Guardian, what.—A guardian is a person appointed

to take care of the person or property of another.

202. Ward, what.—The person over whom or over whose property

a guardian is appointed, is called his ward.

203. Kinds of guardians.—Guardians are either:

1. General; or

2. Special.

Ceoss-Refeiiences

Testamentary guardians, see section 207 of this title. Guardians ad litem, see title 4, sections 127 and 128. 204. General guardian, what.—A general guardian is a guardian

of the person or of all the property of the ward within the Canal

Zone, or of both.

205. Special guardian, what.—Every other is a special guardian.

206. Guardian; appointment by will, and so forth.—A guardian

of the person or estate, or of both, of a child born, or likely to be

born, may be appointed by will or by deed, to take effect upon the

death of the parent appointing

1. If the child be legitimate, oy the father, with the written consent

of the mother ; or by either parent, if the other be dead or incapable

of consent.

2. If the child be illegitimate, by the mother.

Cros8-Refebencb

Bond of testamentary guardian, see title 4, section 1731. 207. Appointment by will or deed of guardian.—A guardian of

the person or estate, or of both, of an insane or incompetent person

may be appointed by will or deed, to take effect upon the death of

the person appointing:

68
THE CIVIL CODE [T. 3, § 212

1. If the insane or incompetent person be unmarried, or be a per- son whose marriage has been annulled or dissolved by death or

divorce, by the father, with the written consent of the mother, or by

either parent if the other be dead or incapable of consent.

2. If the insane or incompetent person be married and a person

whose marriage has not been annulled or dissolved by divorce, then

by the spouse. 208. Rules for awarding custody of minor.—In awarding the

custody of a minor, or in appointing a general guardian, the court

or officer is to be guided by the following considerations

1. By what appears to be for the best interest of the child in

respect to its temporal and its mental and moral welfare ; and if the

child is of a sufficient age to form an intelligent preference, the court may consider that preference in determining the question;

2. As between parents adversely claiming the custody or guardianship, neither parent is entitled to it as of right; but other things being

equal, if the child is of tender years, it should be given to the mother;

if it is of an age to require education and preparation for labor and

business, then to the father

3. Of two persons equally entitled to the custody in other respects,

preference is to be given as follows

(1) To a parent;

(2) To one who was indicated by the wishes of a deceased parent;

(3) To one who already stands in the position of a trustee of a fund to be applied to the child's support

(4) To a relative.

4. Any parent who knowingly or willfully abandons, or having

the ability so to do, fails to maintain his minor child under the age

of fourteen years, forfeits the guardianship of such child.

Cross-Refekencb

Respective rights of parents, see section 167 of this title. 209. Relation confidential.—The relation of guardian and ward

is confidential, and is subject to the provisions of chapters 49 and

50 of this title on trusts. 210. Guardian under direction of court.—In the management

and disposition of the person or property committed to him, a guardian may be regulated and controlled by the court. 211. Death of a joint guardian.—On the death of one of two or more joint guardians, the power continues to the survivor until a

further appointment is made by the court. Ceoss-Rbterench

Survival of trust, see section 1602 of this title. 212. Removal of guardian.—A guardian may be removed by the

district court for any of the following causes

1. For abuse of his trust

2. For continued failure to perform his duties

3. For incapacity to perform his duties

4. For gross immorality
T. 3, § 213] THE CIVIL CODE

5. For having an interest adverse to the faithful performance of

his duties

6. For removal from the Canal Zone

7. In the case of a guardian of the property, for insolvency ; or

8. When it is no longer proper that the ward should be under

guardianship.

Cboss-Rbference

Removal of guardian, see title 4, sections 1693 and 1812. 213. Guardian appointed by parent, how superseded.—The

power of a guardian appointed by a parent is superseded

1. By his removal, as provided by the next preceding section

2. By the solemnized marriage of the ward ; or

3. By the ward's attaining majority.

CbOSS-REIFEaSEN CB Marriage of ward terminates guardianship, see title 4, section 1813. 214. Suspension of power of guardian.—The power of a guardian appointed by a court, is suspended only

1. By order of the court;

2. li the appointment was made solely because of the ward's

minority, by his attaining majority ; or

3. The guardianship over the person of the ward, by the marriage

of the ward.

Ceoss-Referenoe Marriage of ward terminates guardianship, see title 4, section 1813. 215. Release by ward.—After a ward has come to his majority,

he may settle accounts with his guardian, and give him a release,

which is valid if obtained fairly and without undue influence.

216. Guardian's discharge.—A guardian appointed by a court is not entitled to his discharge until one year after the ward's majority.

Cboss-Refeeenc?es Discharge of guardian, see title 4. section 1813. Resignation of guardian, see title 4, section 1812. CHAPTER 10.—FOREIGN CORPORATIONS GENERALLY

Sec. Sec. 221. Application for license to do business ; 226. Transacting business without license, accompanying papers ; process how punislied ; contracts void, agent ; filing fee. 227. Same ; loss of benefit of limitation 222. Insurance companies to file additional laws. documents and deposits. 228. License under chapter 11 suflicient. 223. Insurance companies to file statement 229. " Corporation " includes joint stock and pay license tax. companies.

224. Issuance of license. 230. Revocation of license. 225. Annual license fee. Cross-Referbnoes

In respect to corporations engaged in the sale of securities, see sections 241

to 249 of this title. Fraudulent insolvencies by corporations and other frauds in their management, see title 5, sections 751 to 764. Section 221. Application for license to do business; accompanying papers; process agent; filing fee.—No corporation organized

70
THE CIVIL CODE [T. 3, § 222 under the laws of any State or Territory of the United States or

ot any foreign country shall do business in the Canal Zone or maintain an office therein until it shall have filed with the executive

secretary of the Panama Canal:

(a) An application for a license setting forth the name of the

corporation, the names of its officers and directors, and a statement showing the general nature of the business in which it desires to engage in the Canal Zone ; (b) A certified copy of its articles of incorporation, or of its charter, or of the statute or statutes or legislative or executive or governmental acts creating it, in cases where it has been created bv

charter or statute or legislative or executive or governmental act, duly certified by the Secretary of State or other officer authorized bv law to certify such copy

(c) An affidavit sworn to by any authorized officer of such corporation which shall state the amount of its authorized capital stock at or within sixty days prior to such filing;

(d) Every corporation must, at the time of filing its application. Hie m the office of the executive secretary a designation of some

person residing within the Canal Zone and the place of business or

residence of such person upon whom process issued by authority ot or under any law of the Canal Zone may be served With

such designation shall be submitted a certified copy of the minutes

of the board of directors of such corporation authorizing such desig- nation. Process niay be served on the person so designated, or, in the event that such person cannot be found at the place designated

or m the event that no such person is designated, then on the execu- tive secretary of the Panama Canal, or his successor in office and such service shall be a valid service on such corporation When the executive secretary shall have been served with process'as provided herein he shall without delay communicate the same to the coroora- tion concerned at its last known address and no default iud^mient shall be entered against such corporation in any action in which

process IS served on the executive secretary until at least 60 days alter the date of such service; -^ (e) Corporations licensed under the provisions of this chapter shall also be required to file with the executive secretary any amend- ment of or change in any of the provisions of its original articles of incorporation

& <- ca wj. (f) With the application for license there shall also be submitted the sum ot $10, which amount shall cover the filing fee and the

^'^^}'^^^l^''^^^^

fee for the remainder of the calendar year durinor which the license is issued. "^ v^unii^,

Cross-Refeeence

see allolitfe "SI iZ '"'"^"" ^"'^^^^"^^ ^^^"^ ^--^- - ^-^^ Zone.

222. Insurance companies to file additional documents and de- posit.—In adaition to the requirements hereinbefore prescribed in- surance companies organized under the laws of any State or TerriLXth^' foVlowl^^^^^^^^^ ^^^^^^ ^-"^^ «^^^^ b^ -^-ed

71
T. 3, § 223] THE CIVIL CODE

(a) A certificate of the Commissioner of Insurance or other duly

authorized official, showing that the company is authorized to transact business in the State or country under whose laws the company

is organized

(b) A duly certified copy of the last annual statement of the insur- ance company to the Commissioner of Insurance or other duly

authorized official in the State or country where the company is organized

(c) A deposit with the executive secretary or his successor in

office of $10,000 in cash or current marketable securities, which shall

be held in trust by the executive secretary for the account of the

company, to satisfy any judgment that may be rendered against the

company under any insurance policies that it may issue. 223. Insurance companies to file statement and pay license

tax.—Insurance companies licensed under this chapter shall file with

the executive secretary between January 1 and March 1 of each year

a verified statement showing the business transacted within the Canal

Zone by the company during the previous calendar year and a duly

certified copy of its annual report to the insurance commissioner of

the State, Territory, or country in which the company is organized.

Such insurance companies shall pay before March 1 of each year,

in lieu of all other taxes save the annual fee provided for in section

225 of this title, a license tax equal to II/2 per centum of its net

premium receipts in the Canal Zone for the calendar year preceding.

224. Issuance of license.—Upon compliance with the foregoing

conditions, the Governor of the Panama Canal, if he is satisfied that

the business desired to be transacted is proper, legitimate, permissible under the laws of the Canal Zone, and not in conflict with the

policy of administering the Canal Zone as an adjunct of the Panama

Canal, may issue a license to do business in the Canal Zone.

225. Annual license fee.—The right to continue to do business

after the period for which the license is issued shall be contingent

upon the payment of a license fee of $10, payable in advance, on January 1 of each year. 226. Transacting business without license, how punished; contracts void.—Any corporation which does business in the Canal

Zone without having complied with tlie provisions of this chapter

shall be subject to a fine of not more than $500, and any agent or person acting for such corporation, unless it shall have complied

with the provisions of this chapter, shall, upon conviction, be punished as for a misdemeanor. In addition to this penalty, every contract made by or on behalf of any such foreign corporation affecting

the liability thereof or relating to property within the Canal Zone

shall be held void on its behalf and on behalf of its assigns, but shall

be enforceable against it or them.

227. Same; loss of benefit of limitation laws.—Corporations doing business in the Canal Zone which fail to comply with the provisions of this chapter shall not be entitled to the benefit of the laws

of the Canal Zone limiting the time for the commencement of civil actions.

72
THE CIVIL CODE [T. 3, § 241

228. License under chapter 11 sufficient.—No corporation licensed

under the provisions of chapter 11 of this title shall be required to comply with the provisions of this chapter.

229. " Corporation " includes joint stock companies.—The term

" corporation " as used in this chapter shall include joint stock

companies.

230. Revocation of license.—The Governor of the Panama Canal

is authorized to revoke any license issued hereunder if, upon examination, he shall be satisfied that the operations of the corporation are conducted in an illegal manner, or in a manner contrary to public

policy or to the policy of administering the Canal Zone as an adjunct

of the Panama Canal.

CHAPTER 11.—SECURITIES SALES LAW

Sec. 241. Permit to sell securities. 242. Designation of procc^ss agent.

243. Examination of application ; issuance and revocation of permit.

244. Certificate of agent or broker. 248. Penalty for violation.

I 249. Definitions,

Sec. 245. Examination of application ; issuance and revocation of permit.

246. Report on sale of securities. 247. Fees.

Cross-References For provisions of the Securities Act of 1933, wlierein tlie term " territory "

is defined to include the Canal Zone, see U.S. Code, title 15, sections 77a to 77mm (appendix, p. 893).

Foreign conx)rations generally, see sections 221 to 230 of this title. Fraudulent insolvencies by corporations and other frauds in their management, see title 5, sections 751 to 764. Section 241. Permit to sell securities.—No company shall sell, or

offer for sale, negotiate for the sale of, or take subscriptions for any

security of its own issue until it shall have first applied for and

secured from the Governor of the Panama Canal a permit authorizing it to do so. Such application shall be in writing and shall be

verified. In such application the applicant shall set forth the names

and addresses of its officers, the location of its principal office, the name of its Canal Zone representative, an itemized account of its financial condition, the amount and character of its assets and liabilities, a detailed statement of the plan upon which it proposes to transact business, a copy of any prospectus or advertisement, or

other description of such securities, then prepared by or for it for

distribution or publication, and such additional information con- cerning the company, its condition and affairs, as the Governor may

require. If the applicant is a partnership or an unincorporated

association or joint stock company, it shall file with its application a copy of its articles of partnership or association, and all other papers

pertaining to its organization. If the applicant is a corporation,

it shall file with its application a co-^y of all minutes of ?inj proceedings of its directors or stockholders or members relating to or

affecting the issue of such securities, a copy of its articles of incorporation and of its bylaws and of any amendments thereto, and

also a certificate, executed by the proper officer of the State, Territory, or country in which such corporation is organized, dated not more than sixty days before the filing of the application, showing

93083—34 6 73
T. 3, § 242] THE CIVIL CODE

that the applicant is authorized to transact business in such State,

Territory, or country.

242. Designation of process agent.—Every company, at the time

of filing its application, shall file in the office of the executive

secretary a designation of some person residing within the Canal

Zone and stating the place of business or residence of such person

upon whom process issued by authority of or under any law of the

Canal Zone may be served. AVith such designation shall be submitted

a certified copy of the minutes of the board of directors of such

company authorizing such designation. Process may be served on

the person so designated, or, in the event that such person cannot

be found at the place designated or in the event that no person is designated, then on the executive secretary of the Panama Canal, or

his successor in office, and such service shall be a valid service on

such corporation. When the executive secretary shall have been

served with process as provided herein he shall without delay com- municate the same to the company concerned at its last known

address and no default judgment shall be entered against such

corporation in any action in which process is served on the executive

secretary until at least sixty days after the date of such service.

243. Examination of application; issuance and revocation of

permit.—Upon the filing of such application, it shall be the duty of

the Governor to examine it, and the other papers and documents

filed therewith, or cause the same to be examined, and he may, if he deems it advisable, make or have made a detailed examination,

audit, and investigation of the applicant and its affairs. If he finds

that the proposed plan of business of the applicant is not unfair,

unjust, inequitable, or contrary to the policy of administering the

Canal Zone as an adjunct of the Panama Canal, that it intends to transact its business fairly and honestly, and that the securities that

it proposes to issue and the methods to be used by it in issuing or disposing of them are not such as, in his opinion, will work a fraud

upon the purchaser thereof, the Governor may issue to the applicant

a permit authorizing it to issue and dispose of securities, as therein

provided, in the Canal Zone. Each such permit shall expire on the

thirty-first day of December next following its issuance, unless sooner revoked. Otherwise, he shall deny the application and refuse

such permit and notify the applicant in writing of his decision.

Every permit shall recite that the issuance thereof is permissive

only and does not constitute a recommendation or indorsement of the

securities permitted to be sold. The Governor may impose such

conditions as he may deem necessary to the issue of such securities,

and shall have the power to establish such rules and regulations as may be reasonable or necessary to insure the disposition of the

proceeds of such securities in the manner and for the purposes provided in such permit, and may, from time to time for cause, amend,

alter, or revoke any permit issued by him, or temporarily suspend

the rights of the applicant under such permit.

244. Certificate of agent or broker.—No person or company shall act as an agent or broker, other than for a company holding a permit under the next preceding section, until such person or com-
THE CIVIL CODE [T. 3, § 247 pany shall have first applied for and secured from the Governor

a certificate, then in effect, authorizing such person or company so

to do. Each such certificate shall expire on the thirty-first day of

December next after its issuance, unless sooner revoked. To secure such certificate, the applicant shall make and file in the office of the

Governor an application therefor in writing, verified by or in behalf

of the applicant. In such application the applicant shall set forth,

in addition to such other information as may be required by the

Governor

1. The name and address of the applicant, and, if it be a corporation, association, or joint-stock company, the name and address of

each of its managing officers and agents, and, if it be a partnership,

the name and address of each of the partners

2. A succinct statement of facts showing that the applicant, and its managing officers and agents, if it be a corporation, or members, if

it be a partnership, have a good business reputation

3. If the applicant is a broker, the general plan and character of

the business of the applicant.

If the applicant is a corporation or association it shall file with its application a designation of a process agent, as provided in section

242 of this title. 245. Examination of application; issuance and revocation of

permit.—The Governor shall examine such application, or cause the same to be examined, and shall make such further investigation

of the applicant and its affairs as he shall deem advisable. If, from

such examination, the Governor shall be satisfied that the business

reputation of the applicant and of its officers or members, if any,

is good, and that the conduct of such business will not conflict with

the policy of administering the Canal Zone as an adjunct of the

Panama Canal, he may issue such certificate. Otherwise he shall

refuse the same and deny the application and notify the applicant of

his decision. The Governor may at any time revoke any broker's or agent's certificate issued by him if he shall find that the holder

thereof is of bad business repute, or had violated any provision of

this chapter, or has engaged in, or is about to engage in, aily fraudulent transaction, or if he shall find that the conduct of such business

conflicts with good policy in the administration of the Canal Zone.

246. Report on sale of securities.—Every company or broker

authorized under this chapter to sell securities shall thereafter, at such times as they may be required by the executive secretary, make

and file in the office of the executive secretary a report setting forth,

in such form as the executive secretary may prescribe, the securities

sold by it under the authority of any permit issued by him, the proceeds derived therefrom, the disposition of such proceeds, and such

other information concerning its property, officers, or affairs, relating

to or affecting the value of such securities, as the executive secretary

may require.

247. Fees.—Each company or broker shall, with its application

for a permit or certificate, remit the sum of $10, which amount shall cover the filing fee and the annual license fee for the remainder

of the calendar year during which the permit or certificate is issued,

75
T. 3, § 248] THE CIVIL CODE

but no part of such fee shall be returned if the application is dis- approved. The annual fee for renewal of a permit or certificate issued hereunder shall be $10, payable in advance on or before

January first of each year. 248. Penalty for violation.—Any company, agent, or broker,

which shall directly or indirectly issue or cause to be issued, or

solicit the sale of any securitv contrary to the provisions of this

chapter, shall be subject to a fine of not more than $500. In addition to this penalty, every contract made by or on behalf of any

such company, agent, or broker affecting the liability thereof shall

be void on its behalf and on behalf of its assigns, but shall be

enforceable against it or them.

249. Definitions.—The following words have in this chapter the

signification attached to them in this section, unless otherwise apparent from the context

1. The word " company " includes all corporations, associations,

joint-stock companies, and partnerships;

2. The word " security " includes all stocks, bonds, or other evidences of property or interest in any company

3. The word " agent " means and includes every person or com- pany employed or appointed by a company or broker who shall,

within the Canal Zone, either as an employee or otherwise, for a compensation, sell, offer for sale, negotiate for the sale of, or take

a subscription for the sale of any security

4. The word " broker " includes every person or company, other

than an agent, who shall for a commission in the Canal Zone

engage either wholly or in part in the business of selling, offering

for sale, negotiating for the sale of, or otherwise dealing in any

security or securities issued by others, or of underwriting any issue

of securities, or of purchasing such securities for the purpose of

reselling them or of offering them for sale to the public.

CHAPTER 12.—NATURE OF PROPERTY

Sec. 251. Property, what.

252. In what property may exist. 253. Wild animals.

254. Real and personal.

Sec. 255. Real property.

256. Land.

257. Fixtures.

258. Personal property. Section 251. Property, what.—The ownership of a thing is the

right of one or more persons to possess and use it to the exclusion of

others. In this title, the thing of which there may be ownership is called property.

Cboss-References

Personal property, see sections 258 and 361 et seq., of this title. Real property, see section 255 of this title. 252. In what property may exist.—There may be ownership of all inanimate things which are capable of appropriation or of manual

delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the goodwill

of a business, trade marks and signs, and of rights created or granted

by statute. Cross-Refereince

Products of the mind, see sections 381 et seq., of this title. 76
THE CIVIL CODE [T. 3, § 262

253. Wild animals.—Animals wild by nature are the subjects of

ownership, while living, only when on the land of the person claiming them, or when tamed, or taken and held in possession, or disabled

and immediately pursued.

254. Real and personal.—Property is either:

1. Real or immovable ; or

2. Personal or movable.

255. Real property,—Real or immovable property consists of:

1. Land;

2. That which is affixed to land;

3. That which is incidental or appurtenant to land

4. That which is immovable by law.

Ceoss-Refebences

Land defined, see section 256 of this title. Fixtures, see section 1044 of this title. 256. Land.—Land is the solid material of the earth, whatever may

be the ingredients of which it is composed, whether soil, rock, or

other substance.

257. Fixtures.—A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls ; or permanently resting upon

it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or

screws.

Ceoss-Refeeencb

Ownership of fixtures, see section 411 of this title. 258. Personal property.—Every kind of property that is not real

is personal.

Ceoss-Refebences

Accession to personal property, see sections 413 to 421 of this title. Choses in action, see sections 371 and 372 of this title. Confusion of goods, see sections 413 to 421 of this title. Law governing, see section 361 of this title. Modes of acquisition of, see section 401 of this title. Products of mind, see sections 381 to 386 of this title. CHAPTER 13.—OWNERS OF PROPERTY

Sec. 261. Owners.

262. Who may own property.

Sec. 263. Aliens inheriting must claim within 5 years. Section 261. Owners.—All property has an owner, whether that owner is the government, and the property public, or the owner an

individual, and the property private.

262. Who may own property.—Anv person, whether citizen or

alien, may take, hold, and dispose of property within the Canal

Zone.

Cboss-Rbfebencb

Aliens, right to inherit property, see section 651 of this title.

77
T.3, §263] TEE CIVIL CODE

263. Aliens inheriting must claim within 5 years.—If a nonresident alien takes by succession, he must appear and claim the property within five years from the time of succession, or be barred.

The property in such case is disposed of as provided in sections 1181

to 1185 of title 4. Cboss-References

When and how aliens may inherit, see section 651 of tliis title. Escheat of property, see title 4, sections 1181 et seq. CHAPTER 14.—MODIFICATIONS OF OWNERSHIP

Art. See.

1. Interests in property 271

2. Conditions of ownership 301

Art. Sec.

3. Restraints upon alienation 311

4. Accumulations 321 ARTICLE 1.—INTERESTS IN PROPERTY

Sec. 271.

272. 273.

274. 275.

276.

277. 278.

279. 280.

281. 282.

Ownersiiip, absolute or qualified. When absolute. When qualified. Several ownership, what. Ownership of several persons. Joint interest, what.

Partnership interest, what.

Interest in common, what. What interests are in common. Community property.

Interests as to time. Present interest, what.

Sec. 283. Future interest, what.

284. Perpetual interest, what.

285. Limited interest, what.

286. Kinds of future interests. 287. Vested interests. 288. Contingent interests. 289. Two or more future interests. -90. Certain future interests not to be void. 291. Posthumous children. 292. Qualities of expectant estates. 293. Same.

294. What future interests are recognized.

Section 271. Ownership, absolute or qualified.—The ownership

of property is either

1. Absolute ; or

2. Qualified.

272. When absolute.—The ownership of property is absolute when

a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, .subject only to general laws.

Cross-Refebences

Ownership in what property may exist, see sections 252 and 2.53 of this title. Ownership, termination of, see section 341 of this title. Perpetual interest defined, see section 284 of this title. 273. When qualified.—The ownership of property is qualified : 1. Wlien it is shared with one or more persons

2. When the time of enjoyment is deferred or limited

3. When the use is restricted.

274. Several ownership, what.—The ownership of property by a

single person is designated as a sole or .several ownership.

275. Ownership of several persons.—The ownership of property

by several persons is either

1. Of joint interests;

2. Of partnership interests;

3. Of interests in common

4. Of community interest of husband and wife.

Ckoss-Refeeences

Community property, see section 280 of this title. Interests in common, see sections 278 and 279 of this title. Joint interest, see section 271 of this title. Partnership interests, see section 277 of this title. 78
THE CIVIL CODE [T. 3, § 285 276. Joint interest, what,—A joint interest is one owned by several persons in equal shares, by a title created by a single will or

transfer, when expressly declared in the will or transfer to be a joint

tenancy, or when granted or devised to executors or trustees as joint tenants. 277. Partnership interest, what.—A partnership interest is one owned by several persons, in partnership, for partnership purposes.

278. Interest in common, what.—An interest in common is one owned by several persons, not in joint ownership or partnership.

Ceoss-References

See, also, sections 276 and 279 of this title. Husband and wife as owners in common, see section 137 of this title. Legacy to two or more makes them owners in common, see section 601 of this

title. 279. What interests are in common.—Every interest created in

favor of several persons in their own right is an interest in com- mon, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in section 276 of this title, or unless acquired as com- munity property.

CEOSS-REFEaiENOH

Interests in common, see section 278 of this title. 280. Community property.—Community property is property ac- quired by husband and wife, or either, during marriage, when not

acquired as the separate property of either or as joint interests or

interests in common.

Cross-Refeeencb

See also section 140 of this title. 281. Interests as to time.—In respect to the time of enjoyment, an interest in property is either

1. Present or future; and

2. Perpetual or limited.

282. Present interest, what.—A present interest entitles the owner

to the immediate possession of the property.

283. Future interest, what.—A future interest entitles the owner

to the possession of the property only at a future period.

Cross-Refebences

Accumulations as future interests, see sections 321 et seq., and 332 of this

title. Conditions upon enjoyment of estates, see section 301 of this title. Terminating future interests, see sections 341 et seq., of this title. 284. Perpetual interest, what.—A perpetual interest has a duration equal to that of the property.

285. Limited interest, what.—A limited interest has a duration

less than that of the property.

79
T. 3, § 286] THE CIVIL CODE

286. Kinds of future interests.—A future interest is either:

1. Vested; or

2. Contingent.

287. Vested interests.—A future interest is vested when there is a

person in being who would have a right, defeasible or indefeasible,

to the immediate possession of the property, upon the ceasing of the

intermediate or precedent interest. 288. Contingent interests.—A future interest is contingent, whilst

the person in whom, or the event upon which, it is limited to take

effect remains uncertain.

289. Two or more future interests.—Two or more future interests

may be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession shall be substituted for

it, and take effect accordingly.

290. Certain future interests not to be void.—A future interest

IS not void merely because of the improbability of the contingency on which it is limited to take effect. 291. Posthumous children.—When a future interest is limited to

successors, heirs, issue or children, posthumous children are entitled

to take in the same manner as if living at the death of their parent.

Ceoss-References Future interests defeated by birth of posthumous child, see section 341 of this

title. Succession by posthumous children, see sections 554, 590, and 650 of this

title. 292. Qualities of expectant estates.—Future interests pass by succession, will, and transfer, in the same manner as present interests. 293. Same.—A mere possibility, such as the expectancy of an heir

apparent, is not to be deemed an interest of any kind.

Cross-Refeeencb

Mere possibility cannot be transferred, see section 442 of this title. 294. What future interests are recognized.—No future interest

in property is recognized hj the law, except such as is defined in this

title. ARTICLE 2.—CX)NDITIONS OF OWNERSHIP

Sec. Sec. 301. Fixing the time of enjoymeut. 304. Conditions restraining marriage void. 302. Conditions. 305. Conditions restraining alienation void. 303. Certain conditions precedent void. 301. Fixing the time of enjoyment.—The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In the latter case, the

enjoyment is said to be upon condition.

Cross-Refebenck

Conditional legacies, see section 596 of this title.

80
THE CIVIL CODE [T. 3, § 312

302. Conditions.—Conditions are precedent or subsequent. The

former fix the beginning, the latter the ending, of the right.

Cross-Refekences

Conditional obligations, see sections 691 to 699 of this title. Conditions concurrent, see section 694 of tliis title. Conditions precedent, what are, see sections 597 and 693 of this title. Conditions subsequent, wliat are, see sections 600 and 695 of this title. 303. Certain conditions precedent void.—If a condition precedent

requires the performance of an act wrong of itself, the instrument

containing it is so far void, and the right cannot exist. If it requires

the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void. CROSS-REFERENCES

Conditions precedent, see section 693 of this title. Unlawful conditions void, see section 698 of this title. 304. Conditions restraining marriage void.—Conditions imposing restraints upon marriage, except upon the marriage of a minor,

are void; but this does not affect limitations where the intent was

not to forbid marriage, but only to give the use until marriage.

Ceoss-Refekence

Contracts in restraint of marriage, see section 937 of this title. 305. Conditions restraining alienation void.—Conditions restraining alienation, when repugnant to the interest created, are void.

Cross-reference

Restraints upon alienation, see section 311 of this title. ARTICLE 3.—RESTRAINTS UPON ALIENATION

Sec. 311. Restraints upon alienation.

Sec. 312. Future interests void, which suspend power of alienaUon. 311. Restraints upon alienation.—The absolute power of alienation cannot be suspended, by any limitation or condition whatever,

for a longer period than as follows

1. During the continuance of the lives of persons in being at the

creation of the limitation or condition; or

2. For a period not to exceed twenty-five years from the time of

the creation of the suspension.

312. Future interests void, which suspend power of alienation.—

Every future interest is vo'd in its creation which, by any possibility,

may suspend the absolute power of alienation for a longer period

than is prescribed in this chapter. Such power of alienation is suspended when there are no persons in being by whom an absolute

interest in possession can be conveyed.

81
T. 3, § 321] THE CIVIL CODE

ARTICLE 4.—ACCUMULATIONS

Sec. 321. Dispositions of income.

322. Accumulutions, when void. 323. Accumulation of income.

Sec. 324. Other directions, when void in part. 325. Application of income to support, etc. of minor. 321. Dispositions of income.—Dispositions of the income of property to accrue and to be received at any time subsequent to the execution of the instrument creating such disposition, are governed by

the rules prescribed in this chapter in relation to future interests. 322. Accumulations, when void.—All directions for the accumulation of the income of propert}'^, except such as are allowed by this

chapter, are void.

323. Accumulation of income.—An accumulation of the income

of property, for the benefit of one or more persons, may be directed

by any will or transfer in writing sufficient to pass the property out

of which the fund is to arise, as follows

1. If such accumulation is directed to commence on the creation

of the interest out of which the income is to arise, it must be made

for the benefit of one or more minors then in being, and terminate at the expiration of their minority ; or

2. If such accumulation is directed to commence at any time subsequent to the creation of the interest out of which the income is to

arise, it must commence within the time in this chapter permitted

for the vesting of future interests, and during the minority of the

beneficiaries, and terminate at the expiration of such minority.

Ceoss-References

Annuities and bequest of income, see sections 611 (3) and 618 of this title. Ownership of undisposed accumulations, see section 332 of this title. 324. Other directions, when void in part.—If in either of the

cases mentioned in the next preceding section the direction for an

accumulation is for a longer term than during the minority of the

beneficiaries, the direction only, whether separable or not from other

provisions of the instrument, is void as respects the time beyond

such minority.

325. Application of income to support, etc., of minor.—When a minor for whose benefit an accumulation has been directed is desti- tute of other sufficient means of support and education, the proper

court, upon application, may direct a suitable sum to be applied

thereto out of the fund.

Cross-Referencb

Maintenance of ward out of own estate, see title 4. sections 1773 and 1775. CHAPTER 15.—RIGHTS OF OWNERS

Sec. 331. Increase of property.

Sec. 332. In certain rases, who entitled to in- come of property. Section 331. Increase of property.—The owner of a thing owns

also all its products and accessions.

Ckoss-Reiferencks

Accessions to personal property, see sections 413 et seq., of this title. Fixtures, see section 411 of this title.82
THE CIVIL CODE [T. 3, § 352 332. In certain cases, who entitled to income of property.—

When, in consequence of a valid limitation of a future interest, there

is a suspension of the power of alienation or of the ownership during

the continuation of which the income is undisposed of, and no valid

direction for its accumulation is given, such income belongs to the

persons presumptively entitled to the next eventual interest. CHAPTER 16.—TERMINATION OF OWNERSHIP

Sec. 341. Future interests, when defeated.

342. Same.

Sec. 343. Future interests, when not defeated. 344. Same. Section 341. Future interests, when defeated.—A future interest,

depending on the contingency of the death of any person without

successors, heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession.

Ceoss-Rkfekbnce

Posthumous children, see section 291 of this title. 342. Same.—A future interest may be defeated in any manner or by any act or means which the party creating such interest provided

for or authorized in the creation thereof ; nor is a future interest, thus

liable to be defeated, to be on that ground adjudged void in its creation.

343. Future interests, when not defeated.—No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or

otherwise, except as provided by the section next following, or where

a forfeiture is imposed by statute as a penalty for the violation

thereof.

344. Same.—No future interest, valid in its creation, is defeated

by the determination of the precedent interest before the happening

of the contingency on which the future interest is limited to take

effect; but should such contingency afterwards happen, the future

interest takes effect in the same manner and to the same extent as

if the precedent interest had continued to the same period.

CHAPTER 17.—GENERAL DEFINITIONS AFFECTING PROPERTY

Sec. 352. Time of creation, what.

Sec. 351. Income, what. Section 351. Income, what.—The income of property, as the term

is used in chapters 12 to 16 of this title, includes the rents and

profits of real property, the interest on money, dividends upon stock,

and other produce of personal property.

352. Time of creation, what.—The delivery of the grant, where a

limitation, condition, or future interest is created by grant, and

the death of the testator, where it is created by will, is to be deemed

the time of the creation of the limitation, condition, or interest

within the meaning of chapters 12 to 16 of this title.

83
T.3, §361] THE CIVIL CODE

CHAPTER 18.

Art.

-PERSONAL PROPERTY AND PARTICULAR KINDS

THEREOF

Sec.

1. Personal property in general 3G1

2. Things in action 371

3. Products of the mind 381

Art. Sec.

4. Patents, trade-marlcs, and copyrights 391 ARTICLE 1.—PERSONAL PROPERTY IN GENERAL

Section 361. By what law governed.—If there is no law to the

contrary, in the place where personal property is situated, it is deemed to follow the person of its owner, and is governed by the law

of his domicile.

ARTICLE 2.—THINGS IN ACTION

Sec. 371. Things in action deflned.

Sec. 372. Transfer and survivorsliip. 371. Things in action defined.—A thing in action is a right to recover money or other personal property by a judicial proceeding.

372. Transfer and survivorship.—A thing in action arising out

of the violation of a right of property, or out of an obligation,

may be transferred by the owner. Upon the death of the owner it passes to his personal representatives, except where, in the cases provided in Title 4, The Code of Civil Procedure, it passes to his

devisees or successor in office. Cross-references

Assignment of debt secured by mortgage carries security, see sectiun 2246 of

this title. Assignment of chose in action does not prejudice defense, see title 4, section

123.Burden of obligation not transferable, see section 711 of this title. Counterclaim not barred by assignment, see title 4, section 225. Insurance policy, transfer of, see section 2033 of this title. Literary property is assignable, see section 383 of tliis title. Mere possibility cannot be transferred, see section 442 of this title. Nonnegotiable written contract for payment of money or property transferable by indorsement, see section 713 of this title. Obligation defined, see section 661 of this title. Property of any kind may be transferred, see section 441 of this title. Right arising out of obligation transferable, see section 712 of this title. Right of repossession can be transferred, see section 443 of this title. Suing on chose in action, see title 4, sections 122 to 124, 1522 and 1523. Transfer may be oral, when, see section 451 of this title. ARTICLE 3.—PRODUCTS OF THE MIND

Sec. 381. How far the subject of ownership.

382. Joint authorship.

383. Transfer.

384. Effect of publication.

Sec. 385. Subsequent inventor, author, and so

forth. 386. Private writings.

381. How far the subject of ownership.—The author of any product of the mind, whether it is an invention, or a composition in

letters or art, or a design, with or without delineation, or other

graphical representation, has an exclusive ownership therein, and

in the representation or expression thereof, which continues so long

84
THE CIVIL CODE [T. 3, § 401

as the product and the representations or expressions thereof made

by him remain in his possession.

382. Joint authorship.—Unless otherwise agreed, a product of the

mind in the production of which several persons are jointly concerned, is owned by them as follows

1. If the product is single, in equal proportions;

2. If it is not single, in proportion to the contribution of each.

383. Transfer.—The owner of any product of the mind, or of any

representation or expression thereof, may transfer his property in

the same.

384. Effect of publication.—If the owner of a product of the mind

intentionally makes it public, a copy or reproduction may be made

public by any person, without responsibility to the owner, subject

to the law of copyright.

Cboss-Reference

Copyright law, see section 391 of this title. 385. Subsequent inventor, author, and so forth.—If the owner

of a product of the mind does not make it public, any other person

subsequently and originally producing the same thing has the ,same right therein as the prior author, which is exclusive to the same

extent against all persons except the prior author, or those claiming

under him.

386. Private writings.—Letters and other private communications in writing belong to the person to whom they are addressed and

delivered ; but they cannot be published against the will of the writer,

except by authority of law.

ARTICLE 4.—PATENTS, TRADE-MARKS, AND COPYRIGHTS

391. Patent, trade-mark, and copyright laws extended to Canal

Zone.—The patent, trade-mark, and copyright laws of the United

States shall have the same force and effect in the Canal Zone as in

continental United States, and the district court is given the same

jurisdiction in actions arising under such laws as is exercised by

United States district courts.

CKOSS-REFEaiENCES

Products of the mind, see section 381 of this title. For patent laws of United States, see U.S. Code, title 35. For trade-mark laws of United States, see U.S. Code, title 15, chapter 3. For copyright laws of United States, see U.S. Code, title 17. CHAPTER 19.—MODES IN WHICH PROPERTY MAY BE ACQUIRED

Section 401. Property, how acquired.—Property is acquired by:

1. Accession;

2. Transfer;

S.Will; or

4. Succession.

85
T. 3, § 411] THE CIVIL CODE

CHAPTER 20.—ACCESSION

Sec. Sec. 411. Fixtures.

412. What fixtures tenant may remove.

413. Accession by uniting several tilings. 414. Principal part, what.

415. Same.

416. Uniting materials and workmanship

417. Inseparable materials.

418. Materials of several owners.

419. Willful trespassers. 420. Owner may elect between the thing and its value. 421. Wrongdoer liable in damages.

Section 411. Fixtures.—Wlien a person affixes his property to the

land of another, without an agreement permitting him to remove it. the thing affixed, except as provided in the section next following,

belongs to the owner of the land, unless he chooses to reciuire the

former to remove it. Cross-Refeeence

Fixtures, see section 257 of tliis title. 412. What fixtures tenant may remove.—A tenant may remove from the demised premises, any time during the continuance of his

term, anything affixed thereto for the purposes of trade, manufacture, ornament, or domestic use, if iho, removal can be effected without injury to the premises, unless the thing has, by the manner in

which it is affixed, become an integral part of the premises.

413. Accession by uniting several things.—When things belonging to different owners have been united so as to form a single thing,

and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part; who must, however, reimburse the value of the residue to the other owner, or surrender the whole to him.

414. Principal part, what.—That part is to be deemed the principal to which the other has been united only for the use, ornament,

or completion of the former, unless the latter is the more valuable,

and has been united without the knowledge of its owner, who may,

in the latter case, require it to be separated and returned to him,

although some injury should result to the thing to which it has been

united.

415. Same.—If neither part can be considered the principal,

within the rule prescribed by the next preceding section, the more

valuable, or, if the values are nearly equal, the more considerable in

bulk, is to be deemed the principal part.

416. Uniting materials and workmanship.—If one makes a thing

from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the

workmanship exceeds the value of the materials, in which ca.se the

thing belongs to the maker, on reimbursing the value of the materials.

417. Inseparable materials.—Where one has made use of materials which in part belong to him and in part to another, in order

to form a thing of a new description, without having destroyed any

of the materials, but in such a way that they cannot be separated

without inconvenience, the thing formed is common to both proprietors; in proportion, as respects the one, of the materials belonging

86
THE CIVIL CODE [T. 3, § 432

to him, and as respects the other, of the materials belonging to him

and the price of his workmanship.

418. Materials of several owners.—When a thing has been formed

by the admixture of several materials of different owners, and neither can be considered the principal substance, an owner without whose

consent the admixture was made may require a separation, if the

materials can be separated without inconvenience. If they cannot

be thus separated, the owners acquire the thing in common, in proportion to the quantity, quality, and value of their materials; but

if the materials of one were far superior to those of the others, both

in quantity and value, he may claim the thing on reimbursing to the

others the value of their materials.

419. Willful trespassers.—The foregoing sections of this chapter

are not applicable to cases in which one willfully uses the materials

of another without his consent ; but, in such cases, the product belongs

to the owner of the material, if its identity can be traced.

420. Owner may elect between the thing and its value.—In all cases where one whose material has been used without his knowledge,

in order to form a product of a different description, can claim an

interest in such product, he has an option to demand either resti- tution of his material in kind, in the same quantity, weight, measure,

and quality, or the value thereof ; or where he is entitled to the product, the value thereof in place of the product.

421. Wrongdoer liable in damages.—One who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this chapter.

CHAPTER 21.—TRANSFER OF PROPERTY

Aft. Sec.

1. Definition of transfer 431

2. What may be transferred 441

3. Mode of transfer 451

Art. Sec.

4. Interpretation of grants 461

5. Effect of transfer 47j

6. Gifts 4S1 ARTICLE 1.—DEFINITION OF TRANSFER

Sec. 431. Transfer, what.

Sec. 432. Voluntary transfer. Section 431. Transfer, what.—Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one

living person to another.

CBO,SS-RbTE2BENCE8

Transfer, see sections 432 and 454 of this title. Transfer in writing is called a grant, see section 454 of this title. 432. Voluntary transfer.—A voluntary transfer is an executed

contract, subject to all rules of law concerning contracts in general;

except that a consideration is not necessary to its validity.

CKOSS-RE^'BatENCES

Gifts, see sections 481 et seq., of this title. Transfer, see sections 431 and 454 of this title.

87
T.3, §441] THE OIVIL CODE

ARTICLE 2.—WHAT MAY BE TRANSFERKED

Sec. 441. What may be transferred.

442. Possibility.

Sec. 443. Right of repossession can be transferred. 441. What may be transferred.—Property of any kind may be

transferred, except as otherwise provided by the section next

following.

442. Possibility.—A mere possibility, not coupled with an interest,

cannot be transferred.

Cross-Reference

Mere possibility not deemed an interest, see section 293 of this title.

443. Right of repossession can be transferred.—A right of repossession for breach of condition subsequent, can be transferred.

ARTICLE 3.—MODE OF TRANSFER

Sec. 451. When oral. 452. When must be in writing 453. Transfer by sale, etc. 454. Grant, what.

455. Delivery necessary.

Sec. 45G. Date.

457. Delivery to grantee is necessarily ab- solute. 458. Delivery in escrow.

459. Constructive ddivery.

451. When oral.—A transfer may be made without writing, in

every case in which a writing is not expressly required by statute. Cross-References

What contracts must be in writing, see sections 886 and 984 of this title. Fraudulent instruments and transfers, see sections 2761 and 2762 of this

title. 452. When must be in writing.—An interest in an existing trust can be transferred only by operation of law, or by a written instrument, subscribed by the person making the transfer, or by his agent.

453. Transfer by sale, etc.—The mode of transferring other personal property by sale is regulated by chapter 34 of this title. 454. Grant, what.—A transfer in writing is called a grant or bill of sale. The term " grant ", in this and sections 455 to 472 of this

title, includes both these instruments.

Ceoss-Reftcrences

Construction of grants, see sections 461 et seq., of this title. Transfer, see sections 431 and 432 of this title. 455. Delivery necessary.—A grant takes effect, so as to vest the

interest intended to be transferred, only upon its delivery by the

grantor.

Cross-References

Constructive delivery, see section 459 of this title. Contract in writing takes effect only from delivery, see section 888 of this title. 456. Date.—A grant duly executed is presumed to have been delivered at its date. 457. Delivery to grantee is necessarily absolute.—A grant cannot

be delivered to the grantee conditionally. Delivery to him, or to

88
THE CIVIL CODE [T. 3, § 466

his agent as such, is necessarily absolute, and the instrument takes

effect thereupon, discharged of any condition on which the delivery was made.

458. Delivery in escrow.—A grant may be deposited by the

grantor with a third person, to be delivered on performance of a

condition, and, on delivery by the depositary, it will take effect. While in the possession of the third person, and subject to condition,

it is called an escrow. 459. Constructive delivery.—Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed

constructively delivered in the following cases

1. Where the instrument is, by the agreement of the parties at the

time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery; or

2. Where it is delivered to a stranger for the benefit of the grantee,

and his assent is shown, or may be presumed.

ARTICLE 4.—INTERPRETATION OF GRANTS

Sec. 465. Irreconcilable provisions.

466. Meaning of " heirs " and " Lssue ", in certain remainders.

Sec. 461. Grants, how interpreted. 462. Limitations, how controlled. 463. Recitals, when resorted to. 464. Interpretation against grantor. 461. Grants, how interpreted.—Grants are to be interpreted in

like manner with contracts in general, except so far as otherwise

provided in this article. Cross-References

Interpretation of contracts, see sections 901, 902 and 907 of this title. Word "grant" includes bill of sale, see section 454 of this title. 462. Limitations, how controlled.—A clear and distinct limitation in a grant is not controlled by other words less clear and distinct. 463. Recitals, when resorted to.—If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the

construction.

Cboss-Referencb

Interpretation of doubtful words, see section 920 of this title. 464. Interpretation against grantor.—A grant is to be interpreted

in favor of the grantee, except that a reservation in any grant,

and every grant by a public officer or body, as such, to a private

party, is to be interpreted in favor of the grantor.

465. Irreconcilable provisions.—If several parts of a grant are

are absolutely irreconcilable, the former part prevails.

466. Meaning of " heirs " and " issue ", in certain remainders.—

Where a future interest is limited by a grant to take effect on the

death of any person without heirs, or heirs of his body, or without

issue, or in equivalent words, such words must be taken to mean successors, or issue living at the death of the person named as ancestor. Cboss-Refeeence

"Heirs" and "issue", interpretation of, see section 586 of this title. 93083—34 7 80
T. 3, § 471] THE CIVIL CODE

ARTICLE 5.—EFFECT OF TRANSFER

Sec. 471. What title passes.

Sec. 472. Incidents. 471. What title passes.—A transfer vests in the transferee all the

actual title to the thing transferred which the transferrer then has,

unless a different intention is expressed or is necessarily implied.

472. Incidents.—The transfer of a thing transfers also all its inci- dents, unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing itself. Cross-Refekbnch

What passes, see section 2862 of this title. ARTICLE 6.—GIFTS

Sec. 481. Gifts defined. 482. Gift, liow made.

483. Gift not revocable.

484. Gift in view of deatli, what.

Sec. 485. When gift presumed to be in view of death.

486. Revocation of gift in view of death.

487. Effect of will upon gift. 488. When treated as legacy. 481. Gifts defined.—A gift is a transfer of personal property,

made voluntarily, and without consideration.

Ceoss-References

Gift as fraud on creditors, see sections 2761 et seq., of this title. Voluntary transfers, see sections 432 and 2761 of this title. 482. Gift, how made.—A verbal gift is not valid, unless the means

of obtaining possession and control of the thing are given, nor, if

it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.

483. Gift not revocable.—A gift, other than a gift in view of

death, cannot be revoked by the giver.

Ceoss-Refeeencb

Revoking gifts mortis causa, see section 486 of this title. 484. Gift in view of death, what.—A gift in view of death is one which is made in contemplation, fear, or peril of death, and with

intent that it shall take effect only in case of the death of the giver.

Ceoss-Re^tibench

Revocation, see section 486 of this title. 485. When gift presumed to be in view of death.—A gift made

during the last illness of the giver, or under circumstances which

would naturally impress him with an expectation of speedy death,

is presumed to be a gift in view of death.

486. Revocation of gift in view of death.—A gift in view of death

may be revoked by the giver at any time, and is revoked by his re- covery from the illness, or escape from the peril, under the presence

of which it was made, or by the occurrence of any event which would

operate as a revocation of a will made at the same time, but when

90
THE CIVIL CODE [T. 3, § 495

the gift has been delivered to the donee, the rights of a bona fide purchaser from the donee before the revocation, shall not be affected

by the revocation.

CsOSS-'REFE&ETSiCE Gift inter vivos not revocable, see section 483 of this title. 487. Effect of will upon gift.—A gift in view of death is not af- fected by a previous will; nor by a subsequent will, unless it expresses an intention to revoke the gift.

488. When treated as legacy.—A gift in view of death must be

treated as a legacy, so far as relates only to the creditors of the giver.

CHAPTER 22.—PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS

Sec. 491. By whom acknowledgments may be taken in Canal Zone. By whom taken outside of Canal

Zone. By whom taken in foreign country.

Officers empowered to issue proper

certificates. 495. Requisites for acknowledgment.

496. Officer must indorse certificate. General form of certificate. Form of acknowledgment by corporation. Form of certificate of acknowledgment

by attorney in fact. Officers must affix their signatures.

501. Proof of execution, how made.

502. Witness must be personally known to

officer. 503. Witness must prove, what.

492. 493

494,

497 498

499.

500.

Sec. 504. Handwriting may be proved, when.

505. Evidence of handwriting must prove, what.

506. Certificate of proof. 507. Officers authorized to do certain

things. 508. When instrument is improperly certified, party may have action to cor- rect error. 509. In certain cases, parties Interested may obtain judgment of proof of an instrument.

510. Effect of judgment in such action. 511. Instruments heretofore made to be governed by then existing laws. 512. Deeds, etc., aflJecting land in District

of Columbia or any Territory of United States.

Section 491. By whom acknowledgments may be taken in Canal

Zone.—The proof or acknowledgment of any instrument required by

law to be proved or acknowledged may be made before the district

judge, the clerk of the district court, a magistrate, or before any

notary public of the Canal Zone.

492. By whom taken outside of Canal Zone.—The proof or ac- knowledgment of an instrument may be made outside of the Canal

Zone, but within the United States, and within the jurisdiction of

the oflScer, before the judge of any court of record or the clerk thereof

or before any notary public within any State, Territory, District, or

possession of the United States. 493. By whom taken in foreign country.—If an instrument is one

executed in a foreign country, the same may be acknowledged before

any diplomatic or consular officer or commercial agent of the United

States accredited to such country or before any officer of such for- eign country authorized to take acknowledgments, the signature and

official character of such officer to be certified by a diplomatic, consular, or commercial official of the United States. 494. Officers empowered to issue proper certificates.—The officers authorized to take acknowledgments under sections 491 to 493 of

this title are empowered to issue proper certificates of the same.

495. Requisites for acknowledgment.—The acknowledgment of an instrument must not be taken unless the officer taking it knows or

91
T. 3, § 496] THE CIVIL CODE

has satisfactory evidence, on the oath or affirmation of a credible

witness, that the person making such acknowledgment is the individual who is described in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledgment is the president or secretary of such corporation, or other person

who executed it on its behalf.

496. Officer must indorse certificate.—An officer taking the ac- knowledgment of an instrument must indorse thereon or attach

thereto a certificate substantially in the forms hereinafter prescribed.

497. General form of certificate.—The certificate of acknowledgment, unless it is otherwise in this chapter provided, must be substantially in the following form: "United States of America, Canal

Zone, ss. On this day of , in the year , before me

(here insert name and quality of the officer), personally appeared

, known to me (or proved to me on the oath of ) to be the person whose name is subscribed to the within instrument,

and acknowledged that he (she or they) executed the same " : Provided^ however, That any acknowledgment taken without the Canal

Zone in accordance with the laws of the place where the acknowledgment is made, shall be sufficient in the Canal Zone: And Provided

further, That the certificate of the clerk of a court of record of the

county or district where such acknowledgment is taken, that the

officer certifying to the same is authorized by law so to do, and

that the signature of the said officer to such certificate is his true and genuine signature, and that such acknowledgment is taken in

accordance with the laws of the place where the same is made, shall be prima facie evidence of the facts stated in the certificate of

said clerk. 498. Form of acknowledgment by corporation.—The certificate of

acknowledgment of an instrument executed by a corporation must

be substantially in the following form

United States of America,

Canal Zone, ss: On this day of , in the year , before me

(here insert the name and quality of the officer), personally

appeared , known to me (or proved to me on the oath of

) to be the president (or the secretary) of the corporation that executed the within instrument (where, however, the

instrument is executed in behalf of the corporation by some one

other than the president or secretary insert: known to me (or

proved to me on the oath of ) to be the person who exe- cuted the within instrument on behalf of the corporation therein

named and acknowledged to me that such corporation executed

the same)

499. Form of certificate of acknowledgment by attorney in

fact.—The certificate of acknowledgment by an attorney in fact must

be substantially in the following form

92
THE CIVIL CODE [T. 3, § 505 United States of America,

Canal Zone, ss: On this day of , in the year , before me

(here insert the name and quality of the officer), personally

appeared , Icnown to me (or proved to me on tne oath of

) to be the person whose name is subscribed to the within

instrument as the attorney in fact of , and acknowledged

to me that he subscribed the name of thereto as principal,

and his own name as attorney in fact. 500. Officers must affix their signatures.—Officers taking and

certifying acknowledgments, or proof of instruments for record,

must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices ; also, their seals of office, if by the laws of the State or country where the acknowledgment or proof is taken, or by authority of which they are acting, they are required to have official seals. 501. Proof of execution, how made.—Proof of the execution of an

instrument, when not acknowledged, may be made either:

1. By the party executing it, or either of them

2. By a subscribing witness ; or

3. By other witnesses, in cases mentioned in section 504 of this

title. 502. Witness must be personally known to officer.—If by a subscribing witness, such witness must be personally known to the

officer taking the proof to be the person whose name is subscribed

to the instrument as a witness, or must be proved to be such by the

oath of a credible witness.

503. Witness must prove, what.—The subscribing witness must

prove that the person whose name is .subscribed to the instrument

as a party is the person described in it, and that such person exe- cuted it, and that the witness subscribed his name thereto as a witness.

504. Handwriting may be proved, when.—The execution of an

instrument may be e3tablished by proof of the handwriting of the

party and of a subscribing witness, if there is one, in the following

cases

1. When the parties and all the subscribing witnesses are dead;

2. When the parties and all the subscribing witnesses are nonresidents of the Canal Zone

3. When the place of their residence is unknown to the party

desiring the proof, and cannot be ascertained by the exercise of due

diligence

4. When the subscribing witness conceals himself, or cannot be

found by the officer by the exercise of due diligence in attempting

to serve the subpena or attachment ; or

5. In case of the continued failure or refusal of the witness to

testify, for the space of one hour, after his appearance.

505. Evidence of handwriting must prove, what.—The evidence

taken under the next preceding section must satisfactorily prove

to the officer the following facts

93
T. 3, § 506] THE CIVIL CODE

(1) The existence of one or more of the conditions mentioned

therein

(2) That the witness testifying knew the per,son whose name purports to be subscribed to the instrument as a party, and is well

acquainted with his signature, and that it is genuine

(3) That the witness testifying personally Imew the person who

subscribed the instrument as a witness, and is well acquainted with

his signature, and that it is genuine ; and

(4) The place of residence of the witness.

506. Certificate of proof.—An officer taking proof of the execution

of any instrument must, in his certificate endorsed thereon

or attached thereto, set forth all the matters required by law to be

done or known by him, or proved, before him on the proceeding,

together with the names of all the witnesses examined before him,

their places of residence respectively, and the substance of their

testimony.

507. Officers authorized to do certain things.—Officers authorized

to take the proof of instruments are authorized in such proceedings

1. To administer oaths or affirmations, as prescribed in section 2171

of title 4

2. To employ and swear interpreters;

3. To issue subpenas, a,s prescribed in section 2042 of title 4;

4. To punish for contempt, as prescribed in sections 2046, 2048,

and 2049 of title 4. The civil damages and forfeiture to the party aggrieved are pre- scribed in section 2047 of title 4. Cross-Refekence

Damages for disobeying subpena, see title 4, section 2047.

508. When instrument is improperly certified, party may have

action to correct error.—When the aclmowledgment or proof of the

execution of an instrument is properly made, but defectively certified,

any party interested may have an action in the district court to obtain a judgment correcting the certificate. 509. In certain cases, parties interested may obtain judgment

of proof of an instrument.—Any person interested under an instrument entitled to be proved for record may institute an action in

the district court against the proper parties to obtain a judgment

proving such instrument.

510. Effect of judgment in such action.—A certified copy of the

judgment in a proceeding instituted under section 508 or 509 of this

title, showing the proof of the instrument, and attaclied thereto,

entitles such instrument to record, with like effect as if acknowledged.

511. Instruments heretofore made to be governed by then existing laws.—The legality of the execution, acknowledgment, proof,

form, or record of any instrument made before this title goes into

effect, executed, acknowledged, proved, or recorded is not affected

by anything contained in this chapter, but depends for its validity

and legality upon the laws in force when the act was performed.

94
THE CIVIL CODE [T. 3, § 522

512. Deeds, etc., affecting land in District of Columbia or any

Territory of United States.—Deeds and other instruments af- fecting land situate in the District of Columbia or any Territory of

the United States may be acknowledged in the Canal Zone before

any notar}^ public or judge, appointed therein by proper authority, or by any officer therein who has ex officio the powers of a notary

public : P7'ovided, That the certificate by such notary in the Canal

Zone shall be accompanied by the certificate of the Governor or act- ing governor to the effect that the notary taking said acknowledgment was in fact the officer he purported to be; and any deeds or other

instruments affecting lands so situate, so acknowledged since January 1, 1905, and accompanied by such certificate shall have the same

effect as such deeds or other instruments hereafter so acknowledged

and certified. (June 28, 1906, ch. 3585, 34 Stat. 552 [U.S. Code, title 48, sec. 1358] ; Feb. 27, 1933, ch. 128, sec. 310, 47 Stat. 1167.)

CHAPTER 23.—EXECUTION AND REVOCATION OF WILLS

Sec. 521. 522.

523.

524.

525.

526.

527. 528.

529.

530. 531.

532. 533. 534.

535.

536.

537.

588. 539.

540.

541.

542.

543.

Who may make a will. Will, or part thereof, procured by

fraud. Will of married woman. What may pass by will. Written will, how to be executed.

Definition of an olographic will. Witness to add residence. Mutual will. Competency of subscribing witness.

Gifts to subscribing witnesses void

creditors competent witnesses. Subscribing witness entitled to his share by succession. Will made outside of Canal Zone. Will made in Canal Zone by alien. Republication by codicil. Nuncupative will, how to be exe- cuted. Requisites of valid nuncupative will. Proof of nuncupative wills. Probate of nuncupative wills. Written will, how revoked. Evidence of revocation. Revocation of duplicate. Revocation by subsequent will. Antecedent not revived by revocation

of subsequent will.

Sec. 544. Revocation by marriage and birth of

issue. 545. Effect of marriage of man on his will. 546. Effect of marriage of woman on her

will. 547. Revocation by marriage and birth of

issue. 548. Contract of sale not revocation.

549. Mortgage not revocation of will. 550. Transfer, when not a revocation.

551. When it is a revocation.

552. Revocation of codicils. 553. Application of provisions as to revocations. 554. After-born child, unprovided for, to succeed.

555. Children or issue of children of testa- tor unprovided for by his will. 556. Share of after-born child, out of what

part of estate to be paid. 557. Advancement during lifetime of testator. 558. Distribution of estate when legatee

dies before testator. 559. Restriction on bequests for charitable uses ; exceptions.

560. Execution of prior wills not affected.

Section 521. Who may make a will.—Every person over the age

of eighteen years, of sound mind, may, by last will, dispose of all his

estate, and such estate not disposed of by will is succeeded to as provided in chapter 26 of this title, being chargeable in both cases with

the payment of all the decedent's debts, as provided in Title 4, The

Code of Civil Procedure.

CBOSS-REFE3CEnsr CES

Disposition of property in case of intestacy, see sections 632 et seq., of this

title. Effect of marriage of man on his will, see section 545 of this title. Validity of will, see section 525 of this title. Wills of married women, see section 523 of this title. Wills of unmarried women revoked by marriage, see section 546 of this title. 522. Will, or part thereof, procured by fraud.—A will, or part of

a will, procured to be made by duress, menace, fraud, or undue influfiR
T. 3, § 523] THE CIVIL CODE

ence, may be denied probate ; and a revocation, procured by the same

means, may be declared void.

Cross-Retekences

Contesting probate of will, see title 4, sections 1231 et seq., and 1251 et seq. Revocation of will, see section 539 of this title. Undue influence as affecting contracts, see section 831 of this title. 523. Will of married woman.—A married woman may dispose of

all her separate estate by will, without the consent of her husband,

and may alter or revoke the will in like manner as if she were

single. Her will must be executed and proved in like manner as other wills. 524. What may pass by will.—Every interest in property, to which

heirs, husband, widow, or next of kin might succeed, may be dis- posed of by will, except as otherwise provided in sections 648 and

649 of this title. 525. Written will, how to be executed.—Every will, other than a nuncupative will, must be in writing; and every will, other than an olographic will, and a nuncupative will, must be executed and

attested as follows

1. It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe

his name thereto

2. The subscription must be made in the presence of the attesting

witnesses, or be acknowledged by the testator to them to have been

made by him or by his authority

3. The testator must, at the time of subscribing or acknowledging

the same, declare to the attesting witnesses that the instrument is his

will; and

4. There must be two attesting witnesses, each of whom must sign

the same as a witncvss, at the end of the will, at the testator's request

and in his presence.

Cboss-Refeeences

Conjoint or mutual will, see section 528 of this title. Nuncupative will, see sections 535 et seq., of this title. Olographic will, see section 526 of this title. Witness to add residence, see section 527 of this title. 526. Definition of an olographic will.—An olographic will is one

that is entirely written, dated, and signed by the hand of the

testator himself. It is subject to no other form, and may be made

in or out of the Canal Zone, and need not be witnessed.

Cboss-Reference

Proof in same manner as other private writing, see title 4, section 3223. 527. Witness to add residence.—A witness to a written will must

write, with his name, his place of residence; and a person who

subscribes the testator's name, by his direction, must write his own

name as a witness to the will. But a violation of this section does

not affect the validity of the will. 528. Mutual will.—A conjoint or mutual will is valid, but it mav

be revoked by any of the testators in like manner with anj'^ other will. m
THE CIVIL CODE [T. 3, § 536

529. Competency of subscribing witness.—If the subscribing wit- nesses to a will are competent at the time of attesting its execution,

their subsequent incompetency, from whatever cause it may arise, does

not prevent the probate and allowance of the will, if it is otherwise

satisfactorily proved.

530. Gifts to subscribing witnesses void; creditors competent

witnesses.—All beneficial legacies and gifts whatever, made or given

in any will to a subscribing witness thereto, are void, unless there

are two other competent subscribing witnesses to the same; but

a mere charge on the estate of the testator for the payment of debts

does not prevent his creditors from being competent witnesses to his

will. 531. Subscribing witness entitled to his share by succession.—

If a witness, to whom any beneficial legacy or gift, void by the next

preceding section, is made, would have been entitled to any share of

the estate of the testator, in case the will should not be established,

he succeeds to so much of the share as would be distributed to him,

not exceeding the bequest made to him in the will, and he may

recover the same of the other legatees named in the will, in proportion to and out of the parts bequeathed to them.

532. Will made outside of Canal Zone.—A will made outside of

the Canal Zone which might be proved and allowed by the laws of

the State or country in which it was made, may be proved, allowed,

and recorded in the Canal Zone, and shall have the same effect as if executed according to the laws of the Zone.

Ckoss-Reference

Probate of foreign wills, see title 4, sections 1241 et seq. 533. Will made in Canal Zone by alien.—A will made within the

Canal Zone by a citizen or subject of another State or country, which

is executed in accordance with the law of the State or country of

which he is a citizen or subject, and which might be proved and al- lowed by the law of his own State or country, may be proved, al- lowed, and recorded in the Canal Zone, and shall have the same

effect as if executed according to the laws of the Zone.

534. Republication by codicil.—The execution of a codicil, referring to a previous will, has the effect to republish the will, as modified

by the codicil. 535. Nuncupative will, how to be executed.—A nuncupative will

is not required to be in writing, nor to be declared or attested with

any formalities.

Cboss-Refebences

Probating nuncupative wills, see sections 536 and 537 of this title. How admitted to probate, see title 4, section 1271. 536. Requisites of valid nuncupative wUl.—To make a nuncupative will valid, and to entitle it to be admitted to probate, the

following requisites must be observed:

(1) The estate bequeathed must not exceed in value the sum of

$1,000.
T. 3, § 537 TEE CIVIL CODE

(2) It must be proved by two witnesses who were present at the

making thereof, one of whom was asked by the testator, at the time, to bear witness that such was his will, or to that effect. (3) The decedent must, at the time, have been in actual military

service in the field, or doing duty on shipboard at sea, and in either case in actual contemplation, fear, or peril of death, or the decedent

must have been, at the time, in expectation of immediate death from

an injury received the same day.

537. Proof of nuncupative wills.—No proof must be received of

any nuncupative will, unless it is offered within six months after

speaking the testamentary words, nor unless the words, or the sub- stance thereof, were reduced to writing within thirty days after

they were spoken.

Cboss-Reference

Probate of nuncupative will, see title 4, section 1271. 538. Probate of nuncupative wills.—No probate of any nuncupative will must be granted for fourteen days after the death of the

testator, nor must any nuncupative will be at any time proved,

unless the testamentary words, or the substance thereof, be first committed to writing, and process issued to call in the widow, or other persons interested, to contest the probate of such will, if they

think proper.

Cboss-Referencb

Time of probate, see title 4, section 1272. 539. Written will, how revoked.—Except in the cases in this chapter mentioned, no written will, nor any part thereof, can be revoked

or altered otherwise than

1. By a written will, or other writing of the testator, declaring

such revocation or alteration, and executed with the same formalities

with which a will should be executed by such testator; or

2. By being burned, torn, canceled, obliterated, or destroyed, with

the intent and for the purpose of revoking the same, by the testator himself, or by some person in his presence and by his direction.

540. Evidence of revocation.—When a will is canceled or destroyed by any person other than the testator, the direction of the

testator, and the fact of such injury or destruction, must be proved

by two witnesses.

541. Revocation of duplicate.—The revocation of a will, executed

in duplicate, may be made by revoking one of the duplicates.

542. Revocation by subsequent will.—A prior will is not revoked

by a subsequent will, unless the latter contains an express revocation, or provisions wholly inconsistent with the terms of the former will

but in other cases the prior will remains effectual so far as consistent with the provisions of the subsequent will. 543. Antecedent not revived by revocation of subsequent will.—

If, after making a will, the testator duly makes and executes a second will, the destruction, cancellation, or revocation of such sec- ond will does not revive the first will, unless it appears by the terms

08
THE CIVIL CODE [T. 3, § 550 of such revocation that it was the intention to revive and give effect to the first will, or unless, after such destruction, cancellation, or

revocation, the first will is duly republished.

544. Revocation by marriage and birth of issue.—If, after having made a will, the testator marries, and has issue of such marriage, born either in his lifetime or after his death, and the wife or

issue survives him, the will is revoked, unless provision has been made

for such issue by some settlement, or unless such issue are provided

for in the will, or in such way mentioned therein as to show an in- tention not to make such provision; and no other evidence to rebut

the presumption of such revocation can be received.

545. Effect of marriage of man on his will.—If, after making a

will, the testator marries, and the wife survives the testator, the will

is revoked, unless provision has been made for her by marriage

contract, or unless she is provided for in the will, or in such way

mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of revocation can be received.

546. Effect of marriage of woman on her will.—If, after making

a will, the testatrix marries, and the husband survives the testatrix

the will is revoked, unless provision has been made for him by

marriage contract, or unless he is provided for in the will, or in

such way mentioned therein as to show an intention not to make

such provision; and no other evidence to rebut the presumption of

revocation can be received.

547. Revocation by marriage and birth of issue.—If, after making a will, the testatrix marries, and has issue of said marriage, born

either in her lifetime or after her death, and the husband or issue

survives her, the will is revoked, unless provision has been made for

such issue by some settlement, or unless such issue are provided for

in the will, or in such way mentioned therein as to show an intention not to make such provision ; and no other evidence to rebut the

presumption of such revocation can be received.

548. Contract of sale not revocation.—An agreement made by a

testator, for the sale or transfer of property disposed of by a will

previously made, does not revoke such disposal; but the property

passes by the will, subject to the same remedies on the testator's agreement, for a specific performance or otherwise against the legatees, as might be had against the testator's successors, if the same

Iiad passed by succession.

549. Mortgage not revocation of will.—A charge or encumbrance

upon any estate, for the purpose of securing the payment of money

or the performance of any covenant or agreement, is not a revocation of any will relating to the same estate which was previously

executed; but the legacies therein contained must pass, subject to such charge or encumbrance.

550. Transfer, when not a revocation.—A transfer, settlement, or

other act of a testator, by which his interest in a thing previously

disposed of by his will is altered, but not wholly divested, is not

m
T. 3, § 651] THE CIVIL CODE

a revocation; but the will passes the property which would otherwise devolve by succession.

Cboss-Refeeences

Ademption of legacies, see section 602 of this title. Revocation, see sections 551 and 552 of this title. 551. When it is a revocation.—If the instrument by which an

alteration is made in the testator's interest in a thing previously dis- posed of by his will expresses his intent that it shall be a revocation, or if it contains provisions wholly inconsistent with the terms and

nature of the testamentary disposition, it operates as a revocation

thereof, unless such inconsistent provisions depend on a condition

or contingency by reason of which they do not take effect. 552. Revocation of codicils.—The revocation of a will revokes all

its codicils. 553. Application of provisions as to revocations.—The provisions

of this chapter in relation to the revocation of wills apply to all wills made by any testator living at the expiration of one j^ear

from the time it takes effect. 554. After-bom child, unprovided for, to succeed.—Whenever a

testator has a child born after the making of his will, either in his lifetime or after his death, and dies leaving such child unprovided for by any settlement, and neither provided for nor in any

way mentioned in his will, the child succeeds to the same portion

of the testator's property that he would have succeeded to if the

testator had died intestate. Ceoss-Refebencb

Succession by posthumous children, see sections 291, 590, and 650 of this

title. 555. Children or issue of children of testator unprovided for by

his will.—^When any testator omits to provide in his will for any of

his children, or for the issue of any deceased child, unless it appears

that such omission was intentional, such child, or the issue of such

child, has the same share in the estate of the testator as if he had

died intestate, and succeeds thereto as provided in the next preceding

section.

556. Share of after-born child, out of what part of estate to be

paid.—When any share of the estate of a testator is assigned to a

child born after the making of a willj or to a child, or the issue of

a child, omitted in the will, as herembefore mentioned, the same must first be taken from the estate not disposed of by the will, if any; if that is not sufficient, so much as may be necessary must be

taken from all the legatees, in proportion to the value they may

respectively receive under the will, unless the obvious intention of

the testator in relation to some specific bequest, or other provision in

the will, would thereby be defeated ; in such case, such specific legacy

100
THE CIVIL CODE [T. 3, § 560

or provision may be exempted from such apportionment, and a

different apportionment, consistent with the intention of the testator,

may be adopted.

557. Advancement during lifetime of testator.—If such children, or their descendants, so unprovided for, had an equal proportion of

the testator's estate bestowed on them in the testator's lifetime, by

way of advancement, they take nothing in virtue of the provisions of

sections 554 to 556 of this title. Ceoss-Refeeences

Advancements in cases of intestacy, see sections 642 to 646 of this title. Advancements, question of, wlien raised, see title 4, section 1641. 558. Distribution of estate when legatee dies before testator.—

When any estate is bequeathed to any child or other relation of

the testator, and the legatee dies before the testator, leaving lineal

descendants, or any such child or other relation is named in a will as a legatee and is dead at the time the will is executed, but leaves

lineal descendants surviving the testator, such descendants take the

estate so given by the will in the same manner as the legatee would

have done had he survived the testator. Cboss-Refebences

" By right of representation," term defined, see section 650 of this title. Death of legatee, legacy fails when, see sections 594 and 595 of this title. 559. Restriction on bequests for charitable uses; exceptions.—

No estate shall be bequeathed to any charitable or benevolent society or corporation, or to any person or persons in trust for charitable

uses, except the same be done by will duly executed at least thirty

days before the decease of the testator ; and if so made at least thirty

days prior to such death, such legacy shall be valid : Provided^ That

no such bequest shall collectively exceed one third of the estate of

the testator, leaving legal heirs, and in such case a pro rata deduction from such bequests shall be made so as to reduce the aggregate

thereof to one third of such estate ; and all dispositions of property

made contrary hereto shall be void, and go to the residuary legatee,

next of kin, or heirs, according to law: Provided^ however^ That

nothing in this section contained shall apply to bequests or devises

made by will executed at least six months prior to the death of a

testator who leaves no parent, husband, wife, child, or grandchild,

or when all of such heirs shall have by writing, executed at least six

months prior to his death, waived the restriction contained herein.

560. Execution of prior wills not affected.—The provisions of this

chapter do not impair the validity of the execution of any will made

before it takes effect.

101
T.3,§571] THE CIVIL CODE

CHAPTER 24.—INTERPRETATION OF WILLS, AND EFFECT OF

VARIOUS PROVISIONS

Sec. 587. Words of donation and of limitation. 588. To wliat time words refer. 589. Bequest to a class. 590. When child born after testator's death

takes under will. 591. Mistakes and omissions.

592. When bequests vest. 593. When cannot be divested. 594. Death of a legatee. 595. Interests in remainder are not affected. 596. Conditional bequests.

597. Condition precedent, what.

Effect of condition precedent. Conditions precedent, when doomed

performed.

Conditions subsequent, what.

Legatees take as tenants in common.

Advancements, when ademptions.

603. Construction of prior wills not af- fected.

598.

599.

600.

601.

602.

Sec. 571. Testator's intention to be carried out. 572. Intention to be ascertained from the

Will. 573. Rules of interpretation. 574. Several instruments are to be taken

together. 575. Harmonizing various parts. 576. In what case bequest not affected. 577. When ambiguous or doubtful.

578. Words taken in ordinary sense. 579. Words to receive an operative construction. 580. Intestacy to be avoided.

581. Effect of technical words.

582. Technical words not necessary.

583. Power to devise, how executed by terms of will. 584. Bequest of all of property.

585. Residuary clause. 586. *' Heirs ", " relatives ", " issue ", " de- scendants ", etc. Section 571. Testator's intention to be carried out.—A will is to be construed according to the intention of the testator. Where his

intention cannot have effect to its full extent, it must have effect as far as possible.

Cross-Referencks

Declaration of testator as evidence, see section 572 of tliis title. Intention of testator, see section 622 of tliis title. 572. Intention to be ascertained from the will.—In case of uncertainty arising upon the face of a will, as to the application of any

of its provisions, the testator's intention is to be ascertained from

the words of the will, taking into view the circumstances under

which it was made, exclusive of his oral declarations.

Cross-Refebence

Testator's declarations as to intention, see section 591 t>f tliis title. 573. Rules of interpretation.—In interpreting a will, subject to the law of the Canal Zone, the rules prescribed by the following sec- tions of this chapter are to be observed, unless an intention to the

contrary clearly appears.

574. Several instruments are to be taken together.—Several tes- tamentary instruments, executed by the same testator, are to be

taken and construed together as one instrument.

575. Harmonizing various parts.—All the parts of a will are to be

construed in relation to each other, and so as, if possible, to form one

consistent whole ; but where several parts are absolutely irreconcilable

the latter must prevail.

576. In what case bequest not affected.—A clear and distinct

bequest cannot be affected by any reasons assigned therefor, or by

any other words not equally clear and distinct, or by inference or argument from other parts of the will, or by an inaccurate recital

of or reference to its contents in another part of the will. Cboss-Refeejencb

Intention of testator, see sections 572 et seq., of this title.

102
THE CIVIL CODE [T. 3, § 58G 577. When ambiguous or doubtful.—Where the meaning of any

part of a will is ambiguous or doubtful, it may be explained by any

reference thereto, or a recital thereof, in another part of the will. 578. Words taken in ordinary sense.—The words of a will are to be taken in their ordinary and grammatical sense, unless a clear

intention to use them in another sense can be collected, and that

other can be ascertained.

579. Words to receive an operative construction.—The words of

a will are to receive an interpretation which will give to every

expression some effect, rather than one which will render any of the

expressions inoperative.

Cboss-Refe:rence Harmonizing various parts, see section 575 of this title. 580. Intestacy to be avoided.—Of two modes of interpreting a

will, that is to be preferred which will prevent a total intestacy.

581. Effect of technical words.—Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that the will was drawn solely by the testator, and that he was unacquainted with

such technical sense. Cross-Referenob

Technical words, laow construed, see sections 11 and 911 of this title. 582. Technical words not necessary.—Technical words are not

necessary to give effect to any species of disposition by a will. 583. Power to devise, how executed by terms of will.—Property

embraced in a power to devise, passes by a will purporting to devise

all the property of the testator. 584. Bequest of all of property.—A bequest of all of the testator's property, in express terms, or in any other terms denoting such

intent, passes all the property which he was entitled to dispose of by

will at the time of his death.

Cboss-Refebencb General and specific legacies, see section 611 of this title. 585. Residuary clause.—A bequest of the residue of the testator's personal property, passes all the personal property which he was

entitled to bequeath at the time of his death, not otherwise effectually

bequeathed by his will. 586. "Heirs", "relatives", "issue", "descendants", etc.—

testamentary disposition to " heirs ", " relations ", " nearest rela- tions ", " representatives ", " legal representatives ", or " personal

representatives " or " family ", " issue ", " descendants ", " nearest " or

" next of kin " of any person, without other words of qualification,

and when the terms are used as words of donation, and not of limitation, vests the property in those who would be entitled to succeed to

103
T. 3, § 587] THE CIVIL CODE

the property of such person, according to the provisions of chapter

26 of this title on succession.

Cross-Ri:feeence

"Issue ", interpretation of, see section 466 of this title. 587. Words of donation and of limitation.—The terms mentioned

in the next preceding section are used as words of donation, and not

of limitation, when the property is given to the person so designated,

directly, and not as a qualification of an estate given to the ancestor of such person.

588. To what time words refer.—Words in a will referring to death or survivorship, simply, relate to the time of the testator's death, unless possession is actually postponed, when they must be

referred to the time of possession.

589. Bequest to a class.—A testamentary disposition to a class includes every person answering the description at the testator's death; but when the possession is postponed to a future period, it includes also all persons coming within the description before the

time to which possession is postponed.

Ckoss-Reference

Posthumous children, see section 590 of this title. 590. When child born after testator's death takes under will.—

A child conceived before, but not born until after a testator's death, or any other period when a disposition to a class vests in right or in possession, takes, if answering to the description of the class. Ckoss-Refebences

Child en ventre sa mere, see section 24 of this title. Succession by posthumous cliildren, see sections 291, 554, and 650 of this

title. 591. Mistakes and omissions.—When, applying a will, it is found

that there is an imperfect description, or that no person or property

exactly answers the description, mistakes and omissions must be

corrected, if the error appears from the context of the will or from

extrinsic evidence; but evidence of the declarations of the testator

as to his intentions cannot be received.

Ceoss-Refexence

Evidence of intention, see section 572 of this title.

592. When bequests vest.—Testamentary dispositions, including

bequests to a person on attaining majority, are presumed to vest at the testator's death.

593. When cannot be divested.—A testamentary disposition, when

vested, cannot be divested unless upon the occurrence of the precise

contingency prescribed by the testator for that purpose.

Cboss-Refekence Bequest to a class, see section 589 of this title.

104
THE CIVIL CODE [T. 3, § 603

594. Death of a legatee.—If a legatee dies during the lifetime of

the testator, the testamentary disposition to him fails, unless an

intention appears to substitute some other in his place, except as provided in section 558 of this title. 595. Interests in remainder are not affected.—The death of a

legatee of a limited interest before the testator's death does not defeat

the interests of persons in remainder, who survive the testator. 596. Conditional bequests.—A conditional disposition is one which

depends upon the occurrence of some uncertain event, by which it is either to take effect or be defeated.

Cboss-Reifebences

Conditions of ownership, see sections 301 et seq., of this title. Conditional obligations, see sections 691 to 699 of this title. 597. Condition precedent, what.—A condition precedent in a will

is one which is required to be fulfilled before a particular disposition

takes effect. Cross-Reference

Conditions precedent, what are, see sections 302 and 693 of this title. 598. Effect of condition precedent.—Wliere a testamentary disposition is made upon a condition precedent, nothing vests until the

condition is fulfilled, excej^t where such fulfillment is impossible, in

which case the disposition vests, unless the condition was the sole motive thereof, and the impossibility was unknown to the testator, or arose from an unavoidable event subsequent to the execution of

the will. 599. Conditions precedent, when deemed performed.—A condition precedent in a will is to be deemed performed when the testator's intention has been substantially, though not literally, complied

with.

600. Conditions subsequent, what.—A condition subsequent is where an estate or interest is so given as to vest immediately, subject

only to be divested by some subsequent act or event. Ckoss-Refebence

Conditions subsequent, see sections 302 and 695 of tliis title. 601. Legatees take as tenants in common.—A legacy given to more than one person vests in them as ov/ners in common.

602. Advancements, when ademptions.—Advancements or gifts are not to be taken as ademptions of general legacies, unless such

intention is expressed by the testator in writing.

Cross-Refebence

Advancement in cases of intestacy, see sections 642 to 646 of this title. 603. Construction of prior wills not affected.—The provisions of

this chapter do not affect the construction of any will executed before

it takes effect.

83063—34 8 105
T. 3, § 611] THE CIVIL CODE

CHAPTER 25.—GENERAL PROVISIONS RELATING TO WILLS

Sec. 611. Nature and designation of legacies. 612. Order of resort to estate for debts. 613. Same for legacies. 614. Legacies, how charged with debts. 615. Abatement.

616. Specific legacies. 617. Possession of legatees. 618. Bequest of interest. 619. Satisfaction.

Sec. 620. Legacies, when due.

621. Interest. 622. Construction of these rules. 623. Executor according to the tenor. 624. Power given executor to appoint is invalid. 625. Executor not to act till qualified. 626. Liability of beneficiaries for testator's obligations. Section 611. Nature and designation of legacies.—Legacies are distinguished and designated, according to their nature, as follows:

1. A legacy of a particular thing, specified and distinguished

from all others of the same kind belonging to the testator, is specific

if such legacy fails, resort cannot be had to the other property of

the testator;

2. A legacy is demonstrative when the particular fund or personal

property is pointed out from which it is to be taken or paid ; if such

fund or property fails, in whole or in part, resort may be had to the

general assets, as in case of a general legacy

3. An annuity is a bequest of certain specified sums periodically;

if the fund or property out of which they are payable fails, resort may be had to the general assets, as in case of a general legacy

4. A residuary legacy embraces only that which remains after all the bequests of the will are discharged

5. All other legacies are general legacies. Ceoss-Rbfe:bence Legacy and annuities, when due, see section 620 of this title. 612. Order of resort to estate for debts.—The property of a tes- tator, except as otherwise specially provided in this title and Title 4,

The Code of Civil Procedure, must be resorted to for the payment of

debts, in the following order

(1) The property which is expressly appropriated by the will for

the payment of the debts

(2) Property not disposed of by the will;

(3) Property which is devised or bequeathed to a residuary

legatee;

(4) Property which is not specifically devised or bequeathed; and

(5) All other property ratably. Before any debts are paid, the

expenses of the administration and the allowance to the family must

be paid or provided for. 613. Same for legacies.—The property of a testator, except as otherwise specially provided in this title and Title 4, The Code of

Civil Procedure, must be resorted to for the payment of legacies, in

the following order:

(1) The property which is expressly appropriated by the will for

the payment of the legacies.

(2) Property not disposed of by the will. (3) Property which is devised or bequeathed to a residuary legatee.

(4) Property which is specifically devised or bequeathed.

Cboss-Refeeences

Payment of legacies, when legacies are due, see section 622 of this title. When legacies may be paid, see title 4, sections 1611 et seq. 106
THE CIVIL CODE [T. 3, § 623 614. Legacies, how charged with debts.—Legacies to husband,

widow, or kindred of any class are chargeable only after legacies to persons not related to the testator. 615. Abatement.—Abatement takes place in any class only as between legacies of that class, unless a different intention is expressed

in the will. 616. Specific legacies.—In a specific legacy, the title passes by the

will, but possession can onl}^ be obtained from the personal representative; and he may be authorized by the district court to sell the property devised and bequeathed in the cases herein provided.

Cross-Rei'ebencb

How title passes in cases of intestacy, see section 633 of this title. 617. Possession of legatees.—Wliere specific legacies are for life only, the first legatee must sign and deliver to the second legatee,

or, if there is none, to the personal representative, an inventory of

the property, expressing that the same is in his custody for life only,

and that, on his decease, it is to be delivered and to remain to the

use and for the benefit of the second legatee, or to the personal

representative, as the case may be. 618. Bequest of interest.—In case of a bequest of the interest or income of a certain sum or fund, the income accrues from the

testator's death.

Cross-References

Accumulations, see section 321 of this title. Annuities commence at testator's death, see section ()20 of this title. 619. Satisfaction.—A legacy, or a gift in contemplation, fear, or

peril of death, may be satisfied before death.

620. Legacies, when due.—Legacies are due and deliverable at the

expiration of one year after the testator's decease. Annuities com- mence at the testator's decease.

Cross-Refeeence

Legacies payable after four months, see title 4, section 1611. 621. Interest.—Legacies bear interest from the time when they are due and payable, except that legacies for maintenance, or to the

testator's widow, bear interest from the testator's decease.

622. Construction of these rules.—Sections 618 to 621 of this title are in all cases to be controlled by a testator's express intention.

Cross-Refeeencb

Intention of testator, see section 571 of this title. 623. Executor according to the tenor.—Wliere it appears, by the

terms of a will, that it was the intention of the testator to commit

the execution thereof and the administration of his estate to an}^

person as executor, such person, although not named executor, is entitled to letters testamentary in like manner as if he had been

named executor.

Cross-Refeeence

Api)ointment of executors, see title 4, sections 1281 et seq. 107
T. 3, § 624] TEE CIVIL CODE

624. Power given executor to appoint is invalid.—An authority

to an executor to appoint an executor is void.

Ckoss-Referencb

Executor of executor, see title 4, section 1287. 625. Executor not to act till qualified.—No person has any power,

as an executor, until he qualifies, except that, before letters have

been issued, he may pay funeral charges and take necessary measures

for the preservation of the estate. CROSS-REFEatENCES Payment of debts, see section 612 of this title. Qualification of executor, see title 4, sections 1351 et seq. 626. Liability of beneficiaries for testator's obligations.—Those

to whom property is given by will are liable for the obligations of

the testator in the cases and to the extent prescribed by Title 4, The

Code of Civil Procedure.

CHAPTER 26.—SUCCESSION

635. 636.

637.

638.

639.

Sec. 644. What are advancements.

645. Value of advancements, how deter- mined.

646. When heir, advanced to, dies before

decedent.

647. Inheritance of husband and wife from

each other. 648. Community property on death of spouse.

649. Community property subject to ad- ministration ; exception ; husband's

control after death of wife. 650. Inheritance by representation.

651. Aliens may inherit, when, and how.

652. Escheat of property.

653. Successor liable for decedent's obligations. 654. Person convicted of murder of dece- dent not to succeed.

Sec. 631. Succession defined. 632. Intestate's estate, to whom passes. 633. Succession to and distribution of es- tate of deceased person.

634. Illegitimate children to inherit in cer- tain events. Succession to illegitimate child. Degrees of kindred, how computed. Same ; direct and collateral consanguinity. Same ; direct line descending, and di- rect lino ascending. Same ; degrees in direct line. 640. Same ; degrees in collateral line. 641. Relatives of the half blood. 642. Advancements constitute part of dis- tributive share. 643. Advancements, when too much, or not enough.

Section 631. Succession defined.—Succession is the coming in of

another to take the property of one who dies without disposing

of it by will. 632. Intestate's estate, to whom passes.—The property of one who dies without disposing of it by will, passes to the heirs of the

intestate, subject to the control of the district court, and to the posses- sion of any administrator appointed by that court, for the purposes

of administration.

Cross-references

Possession of personal representative, see title 4, sections 1440 and 1521. Proceedings to determine heirship, see title 4, section 1621. 633. Succession to and distribution of estate of deceased person.—When any person having title to any estate not otherwise limited by marriage contract, dies without disposing thereof by will,

it is succeeded to and must be distributed, unless otherwise expressly

provided in this title and Title 4, The Code of Civil Procedure, subject to the payment of his debts, in the following manner:

108
THE CIVIL CODE [T. 3, § 624

1. If the decedent leaves a surviving husband or wife, and only one child, or the lawful issue of one child, in equal shares to the

surviving husband, or wife and child, or issue of such child. If the

decedent leaves a surviving husband or wife, and more than one child

living, or one child living and the lawful issue of one or more deceased children, one third to the surviving husband or wife, and the

remainder in equal shares to his children and to the lawful issue of

any deceased child, by right of representation; but if there is no

child of decedent living at his death, the remainder goes to all of his

lineal descendants; and if all of the descendants are in the same

degree of kindred to the decedent, they share equally, otherwise they

take according to the right of representation. If the decedent leaves no surviving husband or wife, but leaves issue, the whole estate goes

to such issue; and if such issue consists of more than one child

living, or one child living and the lawful issue of one or more deceased children, then the estate goes in equal shares to the children

living, or to the child living and the issue of the deceased child or

children by right of representation;

2. If the decedent leaves no issue, the estate goes one half to the

surviving husband or wife, and the other half to the decedent's father

and mother in equal shares, and if either is dead the whole of said

half goes to the other. If there is no father or mother, then one

half goes in equal shares to the brothers and sisters of decedent and

to the children or grandchildren of any deceased brother or sister by

right of representation. If the decedent leaves no issue, nor husband nor wife, the estate must go to his father and mother in equal

shares, or if either is dead then to the other

3. If there is neither issue, husband, wife, father, nor mother then

in equal shares to the brothers and sisters of decedent and to the

children or grandchildren of any deceased brother or sister, by right

of representation;

4. If the decedent leaves a surviving husband or wife, and neither

issue, father, mother, brother, sister, nor the children or grandchildren of a deceased brother or sister, the whole estate goes to the

surviving husband or wife;

5. If the decedent leaves neither issue, husband, wife, father,

mother, brother, nor sister, the estate must go to the next of kin, in

equal degree, excepting that, when there are two or more collateral

kindred, in equal degree, but claiming through different ancestors,

those who claim through the nearest ancestor must be preferred to those claiming through an ancestor more remote;

6. If the decedent leaves several children, or one child and the

issue of one or more children, and any such surviving child dies

under age and not having been married, all the estate that came to the deceased child by inheritance from such decedent descends in

equal shares to the other children of the same parent and to the

issue of any such other children who are cfead by right of

representation

7. If, at the death of such child, who dies under age, not having

been married, all the other children of his parents are also dead,

and any of them has left issue, the estate that came to such child

by inheritance from his parent descends to the issue of all other

109
T. 3, § 634] THE CIVIL CODE

children of the same parent; and if all the issue are in the same

degree of kindred to the child, they share the estate equally, otherwise they take according to the right of representation

8. If the deceased is a widow, or widower, and leaves no issue,

and the estate, or any portion thereof, was common property of such

decedent and his or her deceased spouse, while such spouse was living,

such property goes in equal shares to the children of such deceased

spouse and to the descendants of such children by right of representation, and if none, then one half of such common property goes

to the father and mother of such decedent in equal shares, or to the

survivor of them if either be dead, or if both be dead, then in equal

shares to the brothers and sisters of such decedent and to the

descendants of any deceased brother or sister by right of representation, and the other half goes to the father and mother of such

deceased spouse in equal shares, or to the survivor of them if either

be dead, or if both be dead, then in equal shares to the brothers and

sisters of such deceased spouse and to the descendants of any deceased

brother or sister by right of representation.

If the estate, or any portion thereof, was separate property of

such deceased spouse, while living, and came to such decedent from

such spouse by descent or bequest, such property goes in equal shares

to the children of such spouse and to the descendants of any deceased

child by right of representation, and if none, then to the lather and

mother of such spouse, in equal shares, or to the survivor of them if either be dead, or if both be dead, then in equal shares to the brothers

and sisters of such spouse and to the descendants of any deceased

brother or sister by right of representation.

9. If the decedent leaves no husband, wife, or kindred, and there

are no heirs to take his estate or any portion thereof, under subdivision 8 of this section, the same escheats to the United States.

Ceoss-Refe:bence8 Administration of intestates' estates, see title 4, sections 1303 and 1311 et seq. Escheat, proceedings on, see title 4, sections 1181 et seq. 634. Illegitimate children to inherit in certain events.—Every

illegitimate child is an heir of the person who, in writing, signed

in the presence of a competent witness, acknowledges himself to be the father of such child ; and in all cases is an heir of his mother

and inherits his or her estate, in whole or in part, as the case may

be, in the same manner as if he had been born in lawful wedlock,

but he does not represent his father or mother by inheriting any

part of the estate of his or her kindred, either lineal or collateral,

unless, before his death, his parents shall have intermarried, and his

father, after such marriage, acknowledges him as his child, or adopts

him into his family; in which case such child and all the legitimate

children are considered brothers and sisters, and on the death of

either of them, intestate, and without issue, the others inherit his

estate, and are heirs, as hereinbefore provided, in like manner as if

all the children had been legitimate ; saving to the father and mother,

respectively, their rights in the estates of all the children in like

110
THE CIVIL CODE [T. 3, § G41 maimer as if all had been legitimate. The issue of all marriages null

in law, or dissolved by divorce, are legitimate.

Cboss-Repekencics

Adoption of illegitimate child, see section 196 of this title. Children of annulled marriage legitate, see section 57 of this title. Divorce not to affect legitimacy, see section 118 of this title. 635. Succession to illegitimate child.—The estate of an illegitimate child, who, having title to any estate not otherwise limited by

marriage contract, dies without disposing thereof by will, is succeeded

to as if he had been born in lawful wedlock if he has been legitimated

by a subsequent marriage of his parents, or adopted by his father as provided by section 196 of this title ; otherwise, it is succeeded to as

if he had been born in lawful wedlock and had survived his father

and all persons related to him only through his father.

636. Degrees of kindred, how computed.—The degree of kindred

is established by the number of generations, and each generation is called a degree.

637. Same; direct and collateral consanguinity.—The series of

degrees forms the line; the series of degrees between persons who

descend from one another is called direct or lineal consanguinity;

and the series of degrees between persons who do not descend from

one another, but spring from a common ancestor, is called the col- lateral line or collateral consanguinity.

638. Same; direct line descending, and direct line ascending.—

The direct line is divided into a direct line descending and a direct

line ascending. The first is that which connects the ancestor with

those who descend from him. The second is that which connects a person with those from whom he descends.

639. Same; degrees in direct line.—In the direct line there are as many degrees as there are generations. Thus, the son is, with regard

to the father, in the first degree; the grandson in the second; and

vice versa with regard to the father and grandfather toward the

sons and grandsons.

640. Same; degrees in collateral line.—In the collateral line the

degrees are counted by generations, from one of the relations up to the common ancestor, and from the common ancestor to the other

relations. In such computation the decedent is excluded, the relative

included, and the ancestor counted but once. Thus, brothers are

related in the second degree ; uncle and nephew in the third degree

cousins-german in the fourth, and so on. 641. Relatives of the half blood.—Kindred of the half blood in- herit equally with those of the whole blood in the same degree, unless

the inheritance come to the intestate by descent or gift of some one

of his ancestors, in which case all those who are not of the blood

of such ancestors must be excluded from such inheritance.

Cross-Reference

Kindred of half blood as administrators, see title 4, section 1312.

Ill
T. 3, § 642] THE CIVIL CODE

642. Advancements constitute part of distributive share.—Any

estate given by the decedent in his lifetime as an advancement to any

child, or other heir, is a part of the estate of the decedent for the

purposes of division and distribution thereof among his heirs, and

must be taken by such child, or other heir, toward his share of the

estate of the decedent.

Ckoss-Reference

Advancements, see sections 557 and 602 of this title. 643. Advancements, when too much, or not enough.—If the

amount of such advancement exceeds the share of the heir receiving

the same, he must be excluded from any further portion in the

division and distribution of the estate, but he must not be required

to refund any part of such advancement; and if the amount so received is less than his share, he is entitled to so much more as will

give him his full share of the estate of the decedent.

644. What are advancements.—All gifts and grants are made as advancements, if expressed in the gift or grant to be so made, or

if charged in writing by the decedent as an advancement, or acknowledged in writing as such, by the child or other successor or heir. 645. Value of advancements, how determined.—If the value of the

estate so advanced is expressed in the grant, or in the charge thereof

made by the decedent, or in the aclinowledgment of the party receiving it, it must be held as of that value in the division and distribution

of the estate ; otherwise, it must be estimated according to its value

when given, as nearly as the same can be ascertained.

646. When heir, advanced to, dies before decedent.—If any child, or other heir receiving advancement, dies before the decedent, leaving heirs, the advancement must be taken into consideration in the

division and distribution of the estate, and the amount thereof must

be allowed accordingly by the representatives of the heirs receiving

the advancement, in like manner as if the advancement had been

made directly to them.

647. Inheritance of husband and wife from each other.—The

provisions of the preceding sections of this chapter, as to the inherit- ance of the husband and wife from each other, apply only to the

separate property of the decedents.

648. Community property on death of spouse.—Upon the death

of either husband or wife, one half of the community property belongs to the surviving spouse; the other half is subject to the testa- mentary disposition of the decedent, and in the absence thereof goes

to the surviving spouse, subject to the provisions of the section next

following.

649. Community property subject to administration; exception;

husband's control after death of wife.—Community property pass- ing from the control of the husband by reason of his death is subject to administration, liis debts, family allowance, and the

charges and expenses of administration : Provided., Jwioevei\ That

the clothing of the decedent and the household effects not exceeding

112
THE CIVIL CODE [T. 3, § 654

in value $2,500 shall go to the surviving wife without administration,

and shall not be subject to the debts and allowance aforesaid.

Community propertj^ passing from the control of the husband by

virtue of testamentary disposition by the wife is subject to administration, his debts, and the charges and expenses of administration,

but the husband, pending administration, shall retain the same power

to sell, manage and deal with the community personal property as he had in her lifetime; and his possession and control of the com- munity property shall not be transferred to the personal representative of the wife, except to the extent necessary to carry her will into effect. Ckoss-Reifebence

Community property, defined, see sections 140 and 280 of this title.

650. Inheritance by representation.—Inheritance or succession

" by right of representation " takes place when the descendants of

anj'^ deceased heir take the same share or right in the estate of an- other person that their parents would have taken if living. Posthu- mous children are considered as living at tlie death of their parents.

651. Aliens may inherit, when, and how.—Resident aliens may

take in all cases by succession as citizens; and no person capable of

succeeding under the provisions of this chapter is precluded from

such succession by reason of the alienage of any relative; but no

nonresident foreigner can take by succession unless he appears and

claims such succession within five years after the death of the

decedent to whom he claims succession.

Oross-Refekences

See, also, section 262 of this title. Time to claim succession, see section 263 of this title. 652. Escheat of property.—If a person dies owning any property

situated in the Canal Zone and leaving no heir, next of kin, legatee, or other person entitled thereto, such property shall escheat to the United States. (Dec. 29, 1926, ch. 19, sec. 17, 44 Stat. 930; Feb.

27, 1933, ch. 128, sec. 421, 47 Stat. 1182.)

Cross-Refekences

See, also, section 633 (9) of this title. Escheat, proceedings on, see title 4, sections 1181 et seq. 653. Successor liable for decedent's obligations.—Those who suc- ceed to the property of a decedent are liable for his obligations in

the cases and to the extent prescribed by Title 4, The Code of Civil

Procedure.

654. Persons convicted of murder of decedent not to succeed.—

No person who has been convicted of the murder of the decedent

shall be entitled to succeed to any portion of his estate; but the

portion thereof to which he would otherwise be entitled to succeed

descends to the other persons entitled thereto under the provisions of

this chapter.

113
T. 3, § 661] THE CIVIL CODE

CHAPTER 27.—OBLIGATIONS IN GENERAL

Art. Sec.

1. Definition of obligations 661

2. Interpretation of obligations 671

Art. Sec.

3. Transfer of obligations 711

4. Extinction of obligations 721 ARTICLE 1.—DEFINITION OF OBLIGATIONS

Sec.

I Sec. 661. Obligation, what. | 662. How created and enforced. Section 661. Obligation, what.—An obligation is a legal duty, by

which a j^erson is bound to do or not to do a certain thing.

662. How created and enforced.—An obligation arises either

from

(1) The contract of the parties ; or

(2) The operation of law. An obligation arising from operation

of law may be enforced in the manner provided by law, or by civil action or proceeding.

ARTICLE 2.—INTERPRETATION OF OBLIGATIONS

A. General Rules of Interpretation

Sec. 671. General rules. B. Joint oe Several Obligations

681. Obligations, joint or several, etc. 682. When joint. 683. Contribution between joint parties.

C. Conditional Obligations

691. Obligation, when conditional. 692. Conditions, kinds of. 693. Condition precedent.

694. Conditions concurrent

Sec. 695.

696. Conditions subsequent.

Performance, etc., of conditions, when

essential. 697. When performance, etc., excused.

698. Impossible or unlawful conditions void. 699. Conditions involving forfeiture, how

construed.

D. Alternative Obligations

701. Who has the right of selection. 702. Right of selection, how lost. 703. Alternatives indivisible. 704. Nullity of one or more of alternative

obligations.

A. GENERAL RULES OF INTERPRETATION

671. General rules.—The rules which govern the interpretation of

contracts are prescribed by chapter 30 of this title. Other obligations are interpreted by the same rules by which statutes of a similar

nature are interpreted.

B. JOINT OR SEVERAL OBLIGATIONS

681. Obligations, joint or several, etc.—An obligation imposed

upon several persons, or a right created in favor of several persons, may be:

1. Joint;

2. Several; or

3. Joint and several. 682. When joint.—An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be

joint, and not several, except in the special cases mentioned in the

chapter on the interpretation of contracts. This presumption, in

the case of a right, can be overcome only by express words to the

contrary.

Cross-References

Promi.se joined in by several, all of whom receive some benefit, is presumed

to he joint and several, see section 924 of this title. Promise in the singular, but executed by several, is presumed to he joint and

several, see section 925 of this title. 114
THE CIVIL CODE [T. 3, § 69C

683. Contribution between joint parties.—A party to a joint, or

joint and several obligation, who satisfies more than his share of the

claim against all, may require a proportionate contribution from all the parties joined with him.

Cross-Referencb

Surety acquires rights of creditors, see section 2145 of this title.

C. CONDITIONAL OBLIGATIONS

691. Obligation, when conditional.—An obligation is conditional,

when the rights or duties of any party thereto depend upon the occurrence of an uncertain event. 692. Conditions, kinds of.—Conditions may be precedent, concurrent, or subsequent.

Ceoss-Refebeitces Conditional legacies, see sections 596 and 597 of this title. Conditions concuiTent, see section 694 of this title. Conditions of ownership, see sections 301 to 305 of this title. Conditions precedent, see section 693 of this title. Conditions subsequent, see section 695 of this title. 693. Condition precedent.—A condition precedent is one which

is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed.

Cboss-Referenoe

Conditions precedent, see sections 301 to 303, 597 and 744 of this title. 694. Conditions concurrent.—Conditions concurrent are those

which are mutually def)endent, and are to be performed at the same time.

Cboss-Reference

Concurrent conditions, performance of, see section 744 of this title. 695. Conditions subsequent.—A condition subsequent is one referring to a future event, upon the happening of which the obligation

becomes no longer binding upon the other party, if he chooses to avail himself of the condition.

Cross-Refebencb

Conditions subsequent, see sections 302 and 600 of this title. 696. Performance, etc., of conditions, when essential.—Before

any party to an obligation can require another party to perform

any act under it, he must fulfill all conditions precedent thereto

imposed upon himself and must be able and offer to fulfill all conditions concurrent so imposed upon him on the like fulfillment by the

other party, except as provided by the section next following.

Ckoss-Refebences Concurrent or precedent conditions, perfonnance of, see section 744 of this

title. Impossible conditions void, see section 698 of this title. 115
T. 3, § 697] THE CIVIL CODE

697. When performance, etc., excused.—If a party to an obligation gives notice to another, before the latter is in default, that he

^^'ill not perform the same upon his part, and does not retract such

notice before the time at which performance upon his part is due,

such other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon his

part in favor of the former party.

Ceoss-Refekences Excuse of performance, see section 761 of this title. Refusal to accept performance before the time to perform, see section 764 of

this title. 698. Impossible or unlawful conditions void.—A condition in a

contract, the fulfillment of which is impossible or unlawful within

the meaning of sections 851 to 855 of this title, or which is repugnant to the nature of the interest created by the contract, is void. Cross-Refeeences

Conditions, when impossible, see sections 852 et seq., of this title. Object of contracts, see sections 851 to 855 of this title. Unlawful conditions, see sections 303 et seq., of this title. 699. Conditions involving forfeiture, how construed.—A condition involving a forfeiture must be strictly interpreted against the

party for whose benefit it is created.

D. ALTERNATIVE OBLIGATIONS

701. Who has the right of selection.—If an obligation requires

the performance of one of two acts, in the alternative, the party

required to perform has the right of selection, unless it is otherwise

provided by the terms of the obligation.

702. Right of selection, how lost.—If the party having the right

of selection between alternative acts does not give notice of his

selection to the other party within the time, if any, fixed by the

obligation for that purpose, or, if none is so fixed, before the time

at which the obligation ought to be performed, the right of selection

passes to the other party.

703. Alternatives indivisible.—The party having the right of

selection between alternative acts must select one of them in its entirety, and cannot select part of one and part of another without

the consent of the other party.

704. Nullity of one or more of alternative obligations.—If one

of the alternative acts required by an obligation is such as the law

will not enforce, or becomes unlawful, or impossible of performance,

the obligation is to be interpreted as though the other stood alone.

ARTICLE 3.—TRANSFER OF OBLIGATIONS

Sec. 711. Burden of obligation not transferable.

712. Rights arising out of obligation transferable.

Sec. 713. Nonnegotiable

transferred. instruments may be

711. Burden of obligation not transferable.—The burden of an

obligation may be transferred with the consent of the party entitled to its benefit, bu*^ not otherwise.

116
THE CIVIL CODE [T. 3, § 722

712. Rights arising out of obligation transferable.—A right

arising out of an obligation is the property of the person to whom

it is due, and may be transferred as such.

Cross-Re:ference8 Assignment of things in action, see section 372 of this title. Incidents following things transferred, see section 472 of this title. Literary property is assignable, see section 383 of this title. Mere possibility cannot be transferred, see section 442 of this title. Nonnegotiable instrument transferable by indorsement, see section 713 of this

title. Products of the mind, assignment of, see section 383 of this title. Property of any kind may be transferred, see section 441 of this title. 713. Nonnegotiable instruments may be transferred.—A nonnegotiable written contract for the payment of money or personal

property may be transferred by indorsem.ent, in like manner with

negotiable instruments. Such indorsement shall transfer all the

rights of the assignor under the instrument to the assignee, subject

to all equities and defenses existing in favor of the maker at the

time of the indorsement.

ARTICLE 4.—EXTINCTION OF OBLIGATIONS

Sec. 721.

722. 723.

724.

725. 726. 727.

731, 732. 733.

734. 735.

736.

737. 738.

739. 740.

741.

742.

743.

744. 745. 746.

747. 748.

A. Performance

Obligation extinguished by performance. Performance by one of .several joint debtors. Performance to one of joint creditors. Effect of directions by creditors. Partial performance.

Payment, what.

Application of general performance.

B. Offke OB" Perfokmancb

Obligation extinguished by offer of per- formance.

Offer of partial performance.

By whom to be made. To whom to be made. Where offer may be made. When offer must be made.

Same. Compensation after delay in performance.

Offer to be made in good faith. Conditional offer. Ability and willingness essential. Production of thing to be delivered not

necessary. Thing offered to be kept separate. Performance of condition precedent. Written receipts. Extinction of pecuniary obligation. Objections to mode of offer. Title to thing offered.

Sec. 749. Custody of thing oflfered. 750. Effect of offer on accessories of obli- gation.

751. Creditor's retention of thing which he

refuses to accept.

C. Prevention of Performance or Offer

761. What excuses performance, etc. 762. Effect of prevention of performance.

763. Same.

764. Effect of refusal to accept performance

before offer. D. Accord and Satisfaction

771. Accord, what.

772. Effect of accord.

773. Satisfaction, what.

774. Part performance.

B. Novation

781. Novation, what.

782. Modes of novation.

783. Novation a contract.

784. Rescission of novation.

F. RELEASE

791. Obligation extinguished by release. 792. Certain claims not affected by general

release. 793. Release of one of several joint debtors.

A. PERFORMANCE

721. Obligation extinguished by performance.—Full performance of an obligation, by the party whose duty it is to perform it, or by any other person on his behalf, and with his assent, if accepted

by the creditor, extinguishes it. 722. Performance by one of several joint debtors.—Performance of an obligation by one of several persons who are jointly

liable under it ex^^inguishes the liability of all.

117
T. 3, § 723] THE CIVIL CODE

723. Performance to one of joint creditors.—An obligation in

favor of joint creditors is extinguished by performance rendered

to any of them, except in the case of a deposit made by joint owners, which is regulated by chapters 36 to 38 of this title on deposit.

Cboss-Refekencb

Performance to one of joint creditors, see section 1107 of tliis title. 724. Effect of directions by creditors.—If a creditor, or any one

of two or more joint creditors, at any time directs the debtor to perform his obligation in a particular manner, the obligation is extinguished by performance in that manner, even though the

creditor does not receive the benefit of such performance.

725. Partial performance.—A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof if the benefit of such performance is voluntarily retained by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining it without injuring

his own property, his retention thereof is not presumed to be

voluntary.

Cboss-Refekenob

Effect of part performance, see sections 732, 774, and 2114 of this title. 726. Payment, what.—Performance of an obligation for the

delivery of money only is called payment.

Cross-Reperbnce

Tender, effect of, see sections 746 and 750 of this title. 727. Application of general performance.—Where a debtor, under

several obligations to another, does an act, by way of performance,

in whole or in part, which is equally applicable to two or more of

such obligations, such performance must be applied as follows

(1) If, at the time of performance, the intention or desire of the

debtor that such performance should be applied to the extinction of

any particular obligation, be manifested to the creditor, it must be

so applied.

(2) If no such application be then made, the creditor, within a reasonable time after such performance, may apply it toward the

extinction of any obligation, performance of which was due to him

from the debtor at the time of such performance; except that if similar obligations were due to him both individually and as a

trustee, he must, unless otherwise directed by the debtor, apply the

performance to the extinction of all such obligations in equal proportion; and an application once made by the creditor cannot be

rescinded without the consent of the debtor.

(3) If neither party makes such application within the time prescribed herein, the performance must be applied to the extinction of

obligations in the following order; and, if there be more than one

obligation of a particular class, to the extinction of all in that class,

ratably

1. Of interest due at the time of the performance.

118
THE CIVIL CODE [T. 3, § 736

2. Of principal due at that time.

3. Of the obligation earliest in date of maturity.

4. Of an obligation not secured by a lien or collateral undertaking.

6. Of an obligation secured by a lien or collateral undertaking.

B. OFFER OF PERFORMANCE

731. Obligation extinguished by offer of performance.—An obli- gation is extinguished by an offer of performance, made in con- formity to the rules herein prescribed, and with intent to extinguish

the obligation. Cross-Refebences

By whom offer may be made, see section 733 of this title. Duties of person making tender, see section 749 of this title. Tender of payment, see sections 746 and 750 of this title. Tender of article passes title, see sections 748 and 750 of this title. Objection to tender must be specified, see title 4, section 2153. Offer in writing equal to tender, payment or performance, see title 4, sec- tion 2151. Tender equivalent to payment on redemption from execution, see title 4, section 605. 732. Offer of partial performance.—An offer of partial performance is of no effect. Cboss-Referencb

Part performance, effect of, see sections 725, 774, and 2114 of this title. 733. By whom to be made.—An offer of performance must be

made by the debtor, or by some person on his behalf and with his

assent. 734. To whom to be made.—An offer of performance must be

made to the creditor, or to any one of two or more joint creditors, or to a person authorized by one or more of them to receive or collect what is due under the obligation, if such creditor or authorized

person is present at the place where the offer may be made ; and if not, wherever the creditor may be found.

Ceoss-Referencb

Where offer may be made, see section 735 of this title. 735. Where offer may be made.—In the absence of an express

provision to the contrary, an offer of performance may be made, at the option of the debtor

1. At any place appointed by the creditor;

2. Wherever the person to whom the offer ought to be made can

be found;

3. If such person cannot with reasonable diligence, be found

within the Canal Zone, and within a reasonable distance from his

residence or place of business, or if he evades the debtor, then at

his residence or place of business, if the same can, with reasonable

diligence, be found within the Canal Zone ; or

4. If this cannot be done, then at any place within the Canal Zone.

736. When offer must be made.—Where an obligation fixes a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before nor afterwards.

119
T. 3, § 737] THE CIVIL CODE

737. Same.—Wliere an obligation does not fix the time for its performance, an offer of performance may be made at any time

before the debtor, upon a reasonable demand, has refused to perform.

738. Compensation after delay in performance.—Where delay in

performance is capable of exact and entire compensation, and time

has not been expressl}^ declared to be of the essence of the obligation, an offer of performance, accompanied with an offer of such

compensation, may be made at any time after it is due, but without

prejudice to any rights acquired by the creditor, or by any other

person, in the meantime.

739. Offer to be made in good faith.—An offer of performance

must be made in good faith, and in such manner as is most likelj'^, under the circumstances, to benefit the creditor.

740. Conditional offer.—An offer of performance must be free

from any conditions which the creditor is not bound, on his part, to perform.

Cross-Refebence

Offer of performance upon condition, see sections 744 and 745 of this title. 741. Ability and willingness essential.—An offer of performance

is of no effect if the person making it is not able and willing to perform according to the offer. 742. Production of thing to be delivered not necessary.—The

thing to be delivered, if any, need not in any case be actually produced, upon an offer of performance, unless the offer is accepted.

743. Thing offered to be kept separate.—A thing, when offered

by way of performance, must not be mixed with other things from

which it cannot be separated immediately and without difficulty.

Cross-Refebence

Custody of thing offered, see section 749 of this title. 744. Performance of condition precedent.—When a debtor is entitled to the performance of a condition precedent to, or concurrent

with, performance on his part, he may make his offer to depend

upon the due performance of such condition.

Cross-references

Conditions precedent defined, see sections 3,02, 597, and 693 of this title. Conditions subsequent defined, see sections 302, 600, and 695 of this title. Performance of conditions, see section 696 of this title. Unlawful and impossible conditions void, see sections 303 and 698 of this title. 745. Written receipts.—A debtor has a right to require from his

creditor a Avritten receipt for any property delivered in performance

of his obligation.

Cboss-Referencb

Whoever pays entitled to receipt, see title 4, section 2152. 746. Extinction of pecuniary obligation.—An obligation for the

payment of money is extinguished by a due offer of payment, if the

120
THE CI VIL CODE [T. 3, § 7G1 amount is immediately deposited in the name of the creditor, with some bank of deposit within the Canal Zone, of good repute, and

notice thereof is given to the creditor.

Ceoss-Referencej

Tender stopping interest, see section 75i) of this title. 747. Objections to mode of offer.—All objections to the mode of an offer of performance, which the creditor has an opportunity to

state at the time to the person making the offer, and which could be

then obviated by him, are waived by the creditor, if not then stated. CEOSS-REFBaiENCB

See, also, title 4, section 2153.

748. Title to thing offered.—The title to a thing duly offered in

performance of an obligation passes to the creditor, if the debtor at the time signifies his intention to that effect. 749. Custody of thing offered.—The person offering a thing,

other than money, by way of performance, must, if he means to treat

it as belonging to the creditor, retain it as a depositary for hire,

until the creditor accepts it, or until he has given reasonable notice

to the creditor that he will retain it no longer, and, if with reasonable diligence he can find a suitable depositary therefor, until he has

deposited it with such person.

Ceoss-Referenoes

Depositary for hire, see section 1132 of this title. Thing offered to be kept separate, see section 743 of this title. 750. Effect of offer on accessories of obligation.—An offer of

pajanent or other performance, duly made, though the title to the

thing offered be not transferred to the creditor, stops the running of

interest on the obligation, and has the same effect upon all its inci- dents as a performance thereof. Cross-Refebences

Tender transfers title, see section 748 of this title. Offer in writing equivalent to tender, see title 4, section 2151.

751. Creditor's retention of thing which he refuses to accept.—

If anything is given to a creditor by way of performance, which he

refuses to accept as such, he is not bound to return it without

demand ; but if he retains it, he is a gratuitous depositary thereof.

Ceoss-Refebenc?b

Gratuitous depositary, see sections 1121 et seq., of this title.

C. PREVENTION OF PERFORMANCE OR OFFER

761. What excuses performance, etc.—The want of performance

of an obligation, or of an offer of performance, in whole or in part, or any delay therein, is excused by the following causes, to the extent

to which they operate:

93083—34 9 121
T. 3, § 762] THE CIVIL CODE

1. When such performance or offer is prevented or delayed by the

act of the creditor, or by the operation of law, even though there

may have been a stipulation that this shall not be an excuse

2. When it is prevented or delayed by an irresistible, superhuman

cause, or by the act of public enemies of the United States, unless

the parties have expressly agreed to the contrary ; or

3. When the debtor is induced not to make it, by any act of the

creditor intended or naturally tending to have that effect, done at or before the time at which such performance or offer may be made, and

not rescinded before that time.

Ceoss-Refeeench Excuse of performance, see section 697 of this title. 762. Effect of prevention of performance.—If the performance

of an obligation be prevented by the creditor, the debtor is entitled

to all the benefits which he would have obtained if it had been

performed by both parties.

763. Same.—If performance of an obligation is prevented by

any cause excusing performance, other than the act of the creditor,

the debtor is entitled to a ratable proportion of the consideration

to which he would have been entitled upon full performance,

according to the benefit which the creditor receives from the actual

performance.

764. Effect of refusal to accept performance before offer.—A

refusal by a creditor to accept performance, made before an offer thereof, is equivalent to an offer and refusal, unless, before performance is actually due, he gives notice to the debtor of his willingness

to accept it. Cross-Referencb

Refusal to perform entitles the other party to enforce the obligation, without

performance on his part, see section 697 of this title.

D. ACCORD AND SATISFACTION

771. Accord, what.—An accord is an agreement to accept, in

extinction of an obligation, something different from or less than

that to which the person agreeing to accept is entitled.

Cross-references

Order on third person, effect of, see section 784 of this title. Release of obligations, see section 791 of this title. Substituting new obligation for existing one is novation, see sections 781 et

seq., of this title. 772. Effect of accord.—Though the parties to an accord are boimd to execute it, yet it does not extinguish the obligation until

it is fully executed.

773. Satisfaction, what.—Acceptance, by the creditor, of the consideration of an accord extinguishes the obligation, and is called

satisfaction.

Ceoss-Refeeencb

Part performance, see section 774 of this title. 122
THE CIVIL CODE [T. 3, § 793

774. Part performance.—Part performance of an obligation,

either before or after a breach thereof, wlien expressly accepted by

the creditor in writing, in satisfaction, or rendered in pursuance of an agreement in writing for that purpose, though without any new

consideration, extinguishes the obligation.

Ceoss-Refeeence

Part performance, see sections 725, 732, and 2114 of this title.

E. NOVATION

781. Novation, what.—Novation is the substitution of a new

obligation for an existing one. Ckoss-Refekences

Novation a contract, see section 783 of this title. Right to sue on contract made for one's benefit, see section 814 of this title.

782. Modes of novation.—Novation is made:

1. By the substitution of a new obligation between the same

parties, with intent to extinguish the old obligation

2. By the substitution of a new debtor in place of the old one, with

intent to release the latter; or

3. By the substitution of a new creditor in place of the old one, with intent to transfer the rights of the latter to the former.

783. Novation a contract.—Novation is made by contract, and is subject to all the rules concerning contracts in general.

784. Rescission of novation.—When the obligation of a third

person, or an order upon such person is accepted in satisfaction, the

creditor may rescind such acceptance if the debtor prevents such

person from complying with the order, or from fulfilling the obligation ; or if, at the time the obligation or order is received, such person

is insolvent, and this fact is unknown to the creditor, or if, before

the creditor can with reasonable diligence present the order to the

person upon whom it is given, he becomes insolvent.

F. RELEASE

791. Obligation extinguished by release.—An obligation is extinguished by a release therefrom given to the debtor by the creditor,

upon a new consideration, or in writing, with or without new

consideration.

Cross-Refekencb

Writing imports a consideration, see section 870 of this title. 792. Certain claims not affected by general release.—A general

release does not extend to claims which the creditor does not know

or suspect to exist in his favor at the time of executing the release,

which if known by him must have materially affected his settlement

with the debtor.

793. Release of one of several joint debtors.—A release of one of

two or more joint debtors does not extinguish the obligations of any

123
T. 3, t} 801] THE CIVIL CODE

of the others, unless they are mere guarantors; nor does it affect

tlieir right to contribution from him.

Ceoss-References

Guarantor's liability discharged by what dealings with debtor, see section 2111 ol: this title. nights of sureties, see section 2141 of this title. CHAPTER 28.—NATURE OF A CONTRACT

Art. Sec.

1. Definition SOI

2. Pcuties 811

a. Consent 821

Art. Sec.

4. Object 851

5. CouslJiration 8(51 ARTICLE 1.—DEFINITION

Sec.

I Sec. 801. Contract, what. ' 802. Essential elements of contract. Section 801. Contract, what.—A contract is an agreement to do or not to do a certain thing.

Cboss-Refeeenoes

Object of a contract, see sections 851 to 855 of this title. Parties to a contract, see sections 811 to 814 of this title. 802. Essential elements of contract.—It is essential to the exist- ence of a contract that there should be

1. Parties capable of contracting

2. Their consent;

3. A lawful object; and

4. A sufficient cause or consideration.

Ckoss-Refeeences

Consent, see sections 821 to 835 of this title. Con.sideration, see sections 801 to 871 of this title. Requisites of object, see section 852 of this title. Unlawful contracts, see section 931 of this title. ARTICLE 2.—PARTIES

Sec. 811. Who may contract.

812. Minors, etc. 813. Identification of parties necessary.

Sec. 814. When contract for heneflt of third per- son may be enforced.

811. Who may contract.—All persons are capable of contracting,

except minors and persons of unsound mind.

Cross-Refeirenoes

Contracts of infants, see sections 25 et seq., and 982 of this title. Contracts of married women, see sections 134, 135, and 143 of this title. Contracts of persons of unsound mind, see sections 30 et soq., of this title. 812. Minors, etc.—Minors, and persons of unsound mind, have

only such capacity as is defined by chapter 2 of this title. CBOSS-REFBatENCB Powers of minors, see sections 25 et seq., of this title.

124
THE CIVIL CODE [T. 3, § 823

813. Identification of parties necessary.—It is essential to the

validity of a contract, not only that the parties should exist, but

that it should be possible to identify them.

814. When contract for benefit of third person may be enforced.—A contract, made expressly for the benefit of a third jierson,

may be enforced by him at any time before the parties thereto

rescind it. ARTICLE 3.—CONSENT

Sec. R21. Essentials of consent.

8-2. Consent, when voidable.

823. Apparent consent, wln^n not free. 824. When cleomed to have been obtained

l>y fraud and so forth. 825. Duress, what.

826. Menace, what.

827. Fraud, actual or constructive.

828. Actual fraud, what.

829. Constructive fraud.

830. Actual fraud a question of fact. 831. Undue influence, what.

832. Mistalie, what.

833. Mistalie of fact. 834. Mistake of law.

Sec. 835. Mistake of foreitrn laws.

830. Mutuality of consent.

837. Communication of consent.

838. Mode of communicating acceptance of proposal.

839. When communication deemed complete.

840. Acceptance by performance of conditions. 841. Acceptance must be absolute. S42. Revocation of proposal.

843. Revocation, how made.

844. Ratification of contract void for want

of consent.

845. Assumption of obligation by acceptance

of benefits. 821. Essentials of consent.—The consent of the parties to a contract must be

i. Free;

2. Mutual; and

3. Communicated by each to the other.

Cboss-Refekences

Consent, when not free, and effect, see sections 822 and 823 of this title. Consent, when not mutual, see section 836 of this title. Consent, how communicated, see section 837 of this title.

822. Consent, when voidable.—A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties,

in the manner prescribed by sections 951 to 954 of this title. Choss-Reference Recission of contracts, see sections 951 et seq., and 2723 et seq., of this title. 823. Apparent consent, when not free.—An apparent consent is not real or free when obtained through

1. Dure.ss;

2. Menace;

3. Fraud;

4. Undue influence; or

5. Mistake.

Ckoss-Reiebences

Duress, defined, see section 825 of this title. Menace, defined, see section S2G of this title. Fraud, defined, see section 827 of this title. Undue influence, defined, see section 831 of this title. Mistfike, defined, see section 832 of this title. Rescission, where consent obtained by mistake, duress, menace, fraud, or undue influence, see section 952 of this title.

125
T. 3, § 824] THE CIVIL CODE

824. When deemed to have been obtained by fraud, etc.—Consent is deemed to have been obtained through one of the causes mentioned in the next preceding section, only when it woiUd not

have been given had such cause not existed.

825. Duress, what.—Duress consists in:

1. Unlawful confinement of the person of the party, or of the

husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife;

2. Unlawful detention of the property of any such person; or

3. Confinement of such person, lawful in form, but fraudulently

obtained, or fraudulently made unjustly harassing or oppressive.

Cross-Reference

Rescission of contract for duress, see section 952 of this title. 826. Menace, what.—Menace consists in a threat

1. Of such duress as is specified in subdivisions 1 and 3 of the next

preceding section;

2. Of unlawful and violent injury to the person or property of any

such person as is specified in the next preceding section ; or

3. Of injury to the character of any such person.

Cuoss-Reference

Rescission of contract for menace, see section 952 of tliis title. 827. Fraud, actual or constructive.—Fraud is either actual or

constructive.

Cross-Reference

Rescission of contract for fraud, see section 952 of this title. 828. Actual fraud, what.—Actual fraud, within the meaning of

this article, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive

another party thereto, or to induce him to enter into the contract

1. The suggestion, as a fact, of that which is not true, by one who

does not believe it to be true;

2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he

believes it to be true;

3. The suppression of that which is true, by one having knowledge

or belief of the fact;

4. A promise made without any intention of performing it; or

5. Any other act fitted to deceive.

Cboss-Refebbnces

Deceit, see sections 972 and 973 of this title. Fraudulent instruments and transfers, see sections 2761 ct seq., of this title. Rescission of contracts for fraud, see section 952 of this title. 829. Constructive fraud.—Constructive fraud consists:

1. In any breach of duty which, without an actually fraudulent

intent, gains an advantage to the person in fault, or any one claiming

under him, by misleading another to his prejudice, or to the prejudice

of any one claiming under him; or

126
TEE CIVIL CODE [T. 3, § 836

2. In any such act or omission as the law specially declares to be

fraudulent, without respect to actual fraud.

Ckoss-Refeuencb

Rescission of contract for fraud, see section 952 of this title. 830. Actual fraud a question of fact.—Actual fraud is always a question of fact. 831. Undue influence, what.—Undue influence consists:

1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage

over him;

2. In taking an unfair advantage of another's weakness of mind ; or

3. In taking a grossly oppressive and unfair advantage of another's

necessities or distress. Cross-REFEBENCES

Rescission of contracts, see sections 952 and 2721 of this title. Undue influence vitiating will, see section 522 of this title. 832. Mistake, what.—Mistake may be either of fact or law.

833. Mistake of fact.—Mistake of fact is a mistake, not caused by

the neglect of a legal dut}^ on the part of the person making the

mistake, and consisting in

1. An unconscious ignorance or forgetfulness of a fact past or

present, material to the contract ; or

2. Belief in the present existence of a thing material to the contract which does not exist, or in the past existence of such a thing,

which has not existed.

Cross-Referencb

Rescission of contract for mistake, see section 952 of this title. 834. Mistake of law.—Mistake of law constitutes a mistake, within

the meaning of this article, only when it arises from

1. A misapprehension of the law by all parties, all supposing that

they knew and understood it, and all making substantial!}^ the same

mistake as to the law ; or

2. A misapprehension of the law by one party, of which the others

are aware at the time of contracting, but which they do not rectify.

Cross-Referbnce

Rescission of contract for mistake, see section 952 of this title. 835. Mistake of foreign laws.—Mistake of foreign laws is a mistake of fact. Cross-Rbferbncb

Foreign laws, how proved, see title 4, sections 1926 and 1927.

_ 836. Mutuality of consent.—Consent is not mutual unless the parties all agree upon the same thing in the same sense. But in certain

cases defined by the chapter on interpretation, they are to be deemed

so to agree without regard to the fact. Cross-Reference

Interpretation of contracts, see sections 901 et seq., of this title. 127
T. 3, § 837] THE CIVIL CODE

837. Communication of consent.-—Consent can be communicated

with effect, only by some act or omission of the part}^ contracting, by

wliicli he intends to communicate it, or which necessarily tends to

sucli communication.

838. Mode of communicating acceptance of proposal.—If a proposal prescribes any conditions concerning the communication of its acceptance, the proposer is not bound unless they are conformed to; but in other cases any reasonable and usual mode may be adopted.

839. When communication deemed complete.—Consent is deemed

to be fully communicated between the parties as soon as the party

accepting a proposal has put his acceptance in the course of trans- mission to the proposer, in conformity to the next preceding section.

840. Acceptance by performance of conditions.—Performance of

the conditions of a proposal, or the acceptance of the consideration

offered with a proposal, is an acceptance of the proposal.

841. Acceptance must be absolute.—An acceptance must be absolute and unqualified, or must include in itself an acceptance of that

character vfhich the proposer can separate from the rest, and which

will conclude the person accepting. A qualified acceptance is a new

proposal.

842. Revocation of proposal.—A proposal may be revoked at any

time before its acceptance is communicated to the proposer, but not

afterwards.

843. Revocation, how made.—A proposal is revoked

1. By communication of notice of revocation by the proposer to the otlier party, in the manner prescribed by sections 83T to 839 of

this title, before his acceptance has been communicated to the

former

2. By the lapse of the time prescribed in such proposal for its acceptance, or if no time is so prescribed, the lapse of a reasonable

time without communication of the acceptance;

3. By the failure of the acceptor to fulfill a condition precedent

to acceptance; or

4. By the death or insanity of the proposer.

844. Ratification of contract void for want of consent.—A contract which is voidable solely for want of due consent, ma}^ be ratified

by a subsequent consent. 845. Assumption of obligation by acceptance of benefits.—A vol- untary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known, or ought to be known, to the person accepting.

Cross-Refebence

He who takes benefit must bear burden, see section 2843 of this title.

128
Sec. 80 1. Object, what.

852. Requisites of object. 853. Impossibility, what.

THE CIVIL CODE [T. 3, § 861 ARTICLE 4.—OBJECT

Sec. 854. When contract wholly void. 855. When contract parti:"illy void. 851. Object, what.—The object of a contract is the thing which

it is agreed, on the part of the party receiving the consideration, to do or not to do.

Cross-Refebences

Unlawful conditions, see section 698 of this title. UulawiUl contracts, see sections 852 and 981 et seq., of this title. 852. Requisites of object.—The object of a contract must be lawful when the contract is made, and possible and ascertainable by the

time the contract is to be performed.

Ceoss-References

Essential elements of contract, see section 802 of this title. Unlawful contracts, see sections 931 et seq., of this title. 853. Impossibility, what.—Everything is deemed possible except

that which is impossible in the nature of things.

854. When contract wholly void.—Where a contract has but a

single object, and such object is unlawful, whether in whole or in

part, or wholly impossible of performance, or so vaguely expressed

as to be wholly unascertainable, the entire contract is void.

Cross-Refeeence

Consideration illegal in part, see sections 855 and 864 of this title. 855. When contract partially void.—Where a contract has several distinct objects, of which one at least is lawful, and one at least

is unlawful, in whole or in part, the contract is void as to the latter and valid as to the rest. Cboss-Refeeences

Contract illegal in part, see section 864 of this title. Provision in, impossible of performance, eftect of, see section 869 of this title. ARTICLE 5.—CONSIDERATION

Sec. Sec. 861. Good consideration, what.

862. How far lesal or moral obligation is a good consideration.

863. Consideration lawful. 864. Effect of its illegality. 865. Consideration executed or executory.

866. Executory consideration.

867. How ascertained.

868. Effect of impossibility of ascertaining

consideration.

869. Same.

870. Written instrument presumptive evi- dence of consideration.

871. Burden of proof to invalidate sufficient consideration.

861. Good consideration, what.—Any benefit conferred, or agreed

to be conferred, upon the promisor, by any other person, to which

the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the tinie of consent lawfully bound to suffer, as an inducement to the

promisor, is a good consideration for a promise.

129
T. 3, § 862] TEE CIVIL CODE

862. How far legal or moral obligation is a good consideration.—

An existing legal obligation resting upon the promisor, or a moral

obligation originating in some benefit conferred upon the promisor,

or prejudice suffered by the promisee, is also a good consideration

for a promise, to an extent corresponding with the extent of the

obligation, but no further or otherwise.

863. Consideration lawful.—The consideration of a contract must

be lawful within the meaning of section 931 of this title. Ceoss-Reference

Unlawful contracts, see sections 931 et seq., of this title. 864. Effect of its illegality.—If any part of a single consideration

for one or more objects, or of several considerations for a single

object, is unlawful, the entire contract is void. Ceoss-Refeeence

Consideration illegal in part, see sections 854 and 855 of this title. 865. Consideration executed or executory.—A consideration may

be executed or executory, in whole or in part. Insofar as it is executory it is subject to the provisions of sections 851 to 855 of this

title. 866. Executory consideration.—When a consideration is executory, it is not indispensable that the contract should specify its amount or the means of ascertaining it. It may be left to the

decision of a third person, or regulated by any specified standard.

867. How ascertained.—When a contract does not determine the

amount of the consideration, nor the method by which it is to be

ascertained, or when it leaves the amount thereof to the discretion

of an interested party, the consideration must be so much money as the object of the contract is reasonably worth.

868. Effect of impossibility of ascertaining consideration.—

Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire contract is void.

869. Same.—Where a contract provides an exclusive method by

which its consideration is to be ascertained, which method appears

possible on its face, but in fact is, or becomes, impossible of execution, such provision only is void.

Cross-Refeeencb

Effect of partial invalidity of contract, see section 855 of this title. 870. Written instrument presumptive evidence of consideration.—A written instrument is presumptive evidence of a consideration.

Cr.OSS-REFERENCES

Distinction between sealed and unsealed instruments abolished, see section 890 of this title. Presumption of consideration for negotiable instrument, see section 2351 of

this title.

130
THE CIVIL CODE [T. 3, § 886

871. Burden of proof to invalidate sufficient consideration.—The

burden of showinf;^ a want of consideration sufficient to support an

instrument lies with the party seeking to invalidate or avoid it. CrOSS-ReFEKENCE3 Presumption of consideration for written contract, see title 4, section 2007. CHAPTER 29.—MANNER OF CREATING CONTRACTS

Sec. 881. Contracts, express or implied.

882. Express contracts, what.

883. Implied contract, wl)at. 884. What contracts may bo oral. 885. Contract not in writing through

fraud, may be enforced against fraudulent party.

Sec. 886. What contracts must be written.

887. Effect of written contracts.

888. Contract in writing, talies effect when.

889. Provisions on delivery of grants to apply.

890. Distinctions between sealed and unsealed instruments abolished. Section 881. Contracts, express or implied.—A contract is either

express or implied.

882. Express contracts, what.—An express contract is one the

terms of which are stated in words.

883. Implied contract, what.—An implied contract is one the

existence and terms of which are manifested by conduct.

Ckoss-Referencb

Obligations imposed l)y law, see sections 971 et seq., of this title. 884. What contracts may be oral.—All contracts may be oral,

except such as are specially required by statute to be in writing.

Cross-Reference

Contracts when to be in writing, see sections 885, 886, and 984 of this title.

885. Contract not in writing through fraud, may be enforced

against fraudulent party.—Where a contract, which is required by

law to be in writing, is prevented from being put into writing by

the fraud of a party thereto, any other party who is by such fraud

led to believe that it is in writing, and acts upon such belief to his

prejudice, may enforce it against the fraudulent party.

886. What contracts must be written.—The following contracts are invalid, unless the same, or some note or memorandum thereof,

is in writing and subscribed to by the party to be charged, or by his

agent

1. An agreement that by its terms is not to be performed within

a year from the making thereof;

2. A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section 2074 of

this title

3. An agreement made upon consideration of marriage other than

a mutual promise to marry

4. An agreement for the leasing of real property for a longer

period than one year, and such agreement, if made by an agent of

the party sought to be charged, is invalid, unless the authority of

the agent is in writing, subscribed by the party sought to be charged

131
T. 3, § 887] THE CIVIL CODE

5. An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission

6. An agreement which by its terms is not to be performed during

the lifetime of the promisor, or an agreement to bequeath any property, or make any provision for any person by will. Cross-Rejfeeences

Contracts to sell or sales of goods or clioses in action, see section 984 of this

title. Fraudulent transfers, see section 2762 of this title. Guaranty, see sections 2073 et seq., of this title. Oral authorization, sufficiency of, see section 1626 of this title. Power of attorney to execute mortgage, see section 2242 of this title. Statute of frauds, see title 4, sections ^015 to 2018. 887. Effect of written contracts.—The execution of a contract in

writing, whether the law requires it to be written or not, supersedes

all the negotiations or stipulations concerning its matter which pre- ceded or accompanied the execution of the instrument.

CudsS-IIEFS31EN CES Writing supersedes oral stipulations, see section 905 of this title. Agreement reduced to writing deemed whole, see title 4, section 1874.

5. Contract in writing, takes effect when.—A contract in

writing takes effect upon its delivery to the party in whose favor it is made, or to his agent.

Ceoss-Referencb

Delivery of ti'ansfers in writing, ."^ee generally section 435 of this title. 889. Provisions on delivery of grants to apply.—The provisions

of sections 451 and 454 to 459 of this title, concerning the delivery

of grants, absolute and conditional, apply to all written contracts. Cboss-Referencb

Mode of transfer, see sections 451 et seq., of this title. 890. Distinctions between sealed and unsealed instruments

abolished.—All distinctions between sealed and unsealed instruments

are abolished.

CHAPTER 30.—INTERPRETATION OF CONTRACTS

Sec. 015. Interpretation in sense in wliicli promisor lielievcd promisee to rely. 916. Particular clauses subordinate to general intent. 917. Contract, partly written and partly

printed. 9 IS. Repugnancies, how reconciled. 919. Inconsistent words rejected. 920. Words to be taken most stronKly against whom.

921. Reasonable stii'Ulations, when implied.

922. Necessary incidents implied. 923. Time of performance of contract. 924. Wlien joint and several. 925. Same.

92(5. Kxecuted and executory contracts, what.

Sec. 901. Uniformity of interpretation. 902. Contracts, how to be interpreted. 903. Intention of parties, liow ascertained.

904. Intention to be ascertained from

language.

905. Interpretation of written contracts.

906. Writing, when disregarded.

907. Effect to be given to every part of

contract. 908. Several contracts, when taken to- gether.

909. Interpretation in favor of contract. 910. Words to be understood in the usual

sense. 911. Technical words.

912. Law of place. 913. Contracts explained by circumstances.

914. Contract restricted to its evident

object. Section 901. Uniformity of interpretation.—All contracts,

whether public or private, are to be interpreted by the same rules,

except as otherwise provided by this title. L32
THE CIVIL CODE [T. 3, § 910

902. Contracts, how to be interpreted.—A contract must be so interpreted as to give effect to the mutual intention of the parties as

it existed at the time of contracting, so far as tlie same is ascertainable and lawful.

Cboss-References

Contract restricted to its evident object, see section 914 of this title. Parol evidence to prove intention, see title 4, sections 1872 et seq. 903. Intention of parties, how ascertained.—For the purpose of

ascertaining the intention of the parties to a contract, if otherwise

doubtful, the rules given in this chapter are to be applied.

Ceoss-Refeeenoes

Construction against party causing ambiguity, see section 920 of this title. Parol evidence with respect to writings, see title 4, sections 1872 and 3874. 904. Intention to be ascertained from language.—The language

of a contract is to govern its interpretation, if the language is clear

and explicit, and does not involve an absurdity.

905. Interpretation of written contracts,—When a contract is reduced to writing, the intention of the parties is to be ascertained

from the writing alone, if possible; subject, however, to the other

provisions of this chapter.

Ckoss-References

Writing supersedes oral negotiations, see section 887 of this title. Agreement reduced to writing deemed the whole, see title 4, section 1874. Parol evidence in construing writings, see title 4, sections 1872 et seq. 906. Writing, when disregarded.—When, through fraud, mistake,

or accident, a written contract fails to express the real intention of

the parties, such intention is to be regarded, and the erroneous parts

of the Avriting disregarded.

Cross-Refeeences

Principles governing in revising contract, see section 2713 of this title. Revising contract for fraud or mistake, see section 2711 of this title. Evidence of circumstances, see title 4, sections 1874 and 1878. 907. Effect to be given to every part of contract.—The whole of

a contract is to be taken together, so as to give effect to every part,

if reasonably practicable, each clause helping to interpret the other.

Cross-Refeeences

See, also, title 4, section 1876. Repugnancies and inconsistencies in, see sections 918 and 919 of this title. 908. Several contracts, when taken together.—Several contracts

relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together.

909. Interpretation in favor of contract.—A contract must re- ceive such an interpretation as will make it lawful, operative, definite,

reasonable, and capable of being carried into effect, if it can be done

without violating the intention of the parties.

910. Words to be understood in the usual sense.—The words of

a contract are to be understood in their ordinary and popular sense,

133
T. 3, § 911] THE CIVIL CODE

rather than according to their strict legal meaning; unless used by

the parties in a technical sense, or unless a special meaning is given

to them by usage, in which case the latter must be followed.

Cross-Reference

Technical words, see title 4, sections 7 and 1S79. 911. Technical words.—Technical words are to be interpreted as usually understood by persons in the profession or business to which

they relate, unless clearly used in a different sense. Ckoss-Refebenoe

Technical words, how construed, see sections 11 and 581 of this title. 912. Law of place.—A contract is to be interpreted according to the law and usage of the place where it is to be performed ; or, if it does not indicate a place of performance, according to the law and

usage of the place where it is made.

Cross-Refebences

Usage, see title 4, section 1888. Construction of language as relating to place where used, see title 4, section

1875. 913. Contracts explained by circumstances.—A contract may be

explained by reference to the circumstances under which it was

made, and the matter to which it relates. Cboss-Refekencb

Contract may be explained by circumstances, see title 4, sections 1874 and

1878.914. Contract restricted to its evident object.—However broad

may be the terms of a contract, it extends only to those things con- cerning which it appears that the parties intended to contract. 915. Interpretation in sense in which promisor believed promisee

to rely.—If the terms of a promise are in any respect ambiguous or

uncertain, it must be interpreted in the sense in which the promisor

believed, at the time of making it, that the promisee understood it. Cross-Referbnces

Interpretation against promisor, see section 920 of this title. What construction preferred, see title 4, section 1882. 916. Particular clauses subordinate to general intent.—Particular clauses of a contract are subordinate to its general intent.

Cross-Refekencb

Repugnancies and inconsistencies, see sections 918 and 919 of this title. 917. Contract, partly written and partly printed.—Where a contract is partly written and partly printed, or where part of it is

134
THE CIVIL CODE [T. 3, § 923

written or printed under the special directions of the parties, and

with a special view to their intention, and the remainder is copied

from a form originally prepared without special reference to the

particular parties and the particular contract in c^uestion, the written

})arts control the printed parts, and the parts which are purely original control those which are copied from a form. And if the two

are absolutely repugnant, the latter must be so far disregarded.

918. Repugnancies, how reconciled.—Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent

and purpose of the whole contract.

Cboss-Referencej

Inconsistent words rejected, see section 919 of this title.

919. Inconsistent words rejected.—Words in a contract which are wholly inconsistent with its nature, or with the main intention of the

parties, are to be rejected.

Cboss-Refeeence

Repugnancies, how reconciled, see section 918 of this title.

920. Words to be taken most strongly against whom.—In cases

of uncertainty not removed by the preceding rules, the language of

a contract should be interpreted most strongly against the party who

caused the uncertainty to exist. The promisor is presumed to be

such party; except in a contract between a public officer or body,

as such, and a private party, in which it is presumed that all uncertainty was caused by the private party.

Cross-Res'erences

Interpretation in sense promisor believed promisee to rely, see section 915

of this title. Interpretation of doubtful words, see section 463 of this title. 921. Reasonable stipulations, when implied.—Stipulations which

are necessary to make a contract reasonable, or conformable to usage,

are implied, in respect to matters concerning which the contract manifests no contrary intention.

922. Necessary incidents implied.—All things that in law or usage

are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom, unless some of them are expressly

mentioned therein, when all other things of the same class are deemed

to be excluded.

Ckoss-Refeebncb

Incident follows principal, see sections 472 and 2862 of this title. 923. Time of performance of contract.—If no time is specified

for the performance of an act required to be performed, a reasonable

time is allowed. If the act is in its nature capable of being done

135
T. 3, § 924] THE CIVIL CODE

instantly—as, for example, if it consists in the payment of money

only—it must be performed immediately upon the thing to be done

being exactly ascertained.

Ceoss-Refeeence

Delay in, where time not of essence, see section 738 of this title. 924. When joint and several.—Where all the parties who unite in a promise receive some benefit from the consideration, whether past

or present, their promise is presumed to be joint and several. 925. Same.—A promise, made in the singular number, but executed

by several persons, is j^resumed to be joint and several. CbOSS-Re1!'JUUEN ce

Contracts, joint and several, see sections 681 et seq., of this title. 926. Executed and executory contracts, what.—An executed contract is one, the object of which is fully performed. All others are executory.

CHAPTER 31.—UNLAWFUL CONTRACTS

Sec. 931. What is unlawful.

932. Certain contracts unlawful.

933. Contract fixing damages, void. 934. Exception.

Sec. 935. Contract in restraint of trade, void. 936. Exception in favor of partnership arransements.

937. Contract in restraint of marriago, void. Section 931. What is unlawful.—That is not lawful which is

1. Contrary to an express provision of law

2. Contrary to the policy of express law, though not expressly

prohibited; or

3. Otherwise contrary to good morals.

Ckoss-References

Conditions, when void, see sections 303 to 305 of this title. Contract obtained through duress, menace, fraud, undue influence, or mistake,

see section 823 of this title. Contracts in restraint of marriage, see section 937 of this title. Contracts in restraint of trade, see section 935 of this title. Duress, see section 825 of this title. Fraud, see sections 827 et seq., of this title. Menace, see section 826 of this title. Mistake, see section 832 of this title. Undue influence, see section 831 of this title. 932. Certain contracts unlawful.—All contracts which have for

their object, directly or indirectly, to exempt anyone from responsibility for his own fraud, or willful injury to the person or property

of another, or violation of law, whether willful or negligent, are against the policy of the law.

Cuoss-Refebenoes

Carrier cannot exempt himself from liability for negligent or wrongful acts, see section 1475 of this title. Fraud, see section 827 of this title.

136
THE CIVIL CODE [T. 3, § 952

933. Contract fixing damages, void.—Every contract by which the

amount of damag-e to be paid, or other compensation to be made,

for a breacli of an obligation, is determined in anticipation thereof,

is to that extent void, except as expressly provided in the section

next following.

934. Exception.—The parties to a contract may agree therein upon

an amount which shall be presumed to be the amount of damage

sustained by a breach thereof, when, from the nature of the case,

it would be impracticable or extremely difficult to fix the actual

damage.

935. Contract in restraint of trade, void.—Every contract by

which anj^one is restrained from exercising a lawful profession,

trade, or business of any kind, otherwise than as provided by sections

936 and 937 of this title, is to that extent void.

936. Exception in favor of partnership arrangements,—Partners

may, upon or in anticipation of a dissolution of the partnership,

agree that none of them will carry on a similar business within the same city or town where the partnership business has been transacted, or within a specified part thereof.

937. Contract in restraint of marriage, void.—Every contract in

restraint of the marriage of any person, other than a minor, is void.

Ckoss-Refebencb

Conditions in restraint of marriage, see section 304 of this title. CHAPTER 32.—EXTINCTION OF CONTRACTS

Art. Sec.

1. In general 941

2. Rescission 951

Art.

3. Alteration

Sec. md cancelation J)ei ARTICLE 1.—IN GENERAL

Section 941. Contract, how extinguished.—A contract may be

extinguished in like manner with any other obligation, and also in the manner prescribed by this chapter.

Ceoss-Reference

Cancelation of instruments, see sections 2731 et seq., of this title. ARTICLE 2.—RESCISSION

Sec. 951. Rescission extinguishes contract. 952. Wlieu party may rescind.Sec. 953.

954. When stipulation.s against right to rescind do not defeat it. Rescission, how effected. 951. Rescission extinguishes contract.—^A contract is extinguished by its rescission.

952. When party may rescind.—A party to a contract may re- scind the same in the following cases only

1. If the consent of the party rescinding, or of any party jointly

contracting with him, was given by mistake, or obtained through

93083—34- -10 137
T. 3, § 953] TBE CIVIL CODE

duress, menace, fraud, or undue influence, exercised by or with the

connivance of the party as to whom he rescinds, or of any other

party to the contract jointly interested with such party;

2. If, through the fault of the party as to whom he rescinds, the

consideration for his obligation fails, in whole or in part

3. If such consideration becomes entirely void from any cause;

4. If such consideration, before it is rendered to him, fails in a material respect, from any cause; or

5. By consent of all the other parties.

Cross-References

Cancelation of instruments, see sections 2731 et seq., of this title. Contract not free, when obtained by mistake, duress, menace, fraud, or undue

influence, see section 823 of this title. False representation, rescission of insurance policy for, see section 1920 of

this title. Falsity of warranty, rescission of insurance policy for, see section 1909 of

this title. Rescission, see sections 2721 et seq., of this title. Stipulation against right to rescind, see section 953 of this title. Violation of material warranty, rescission of insurance policy for, see

section 1958 of this title. 953. When stipulations against right to rescind do not defeat

it.—A stipulation that errors of description shall not avoid a contract, or sliall be the subject of compensation, or both, does not take away

the right of rescission for fraud, nor for mistake, where such mistake is in a matter essential to the inducement of the contract, and

is not capable of exact and entire compensation.

954. Rescission, how effected.—Rescission, when not effected by

consent, can be accomplished only by the use, on the part of the

party rescinding, of reasonable diligence to comply with the fol- lowing rules

1. He must rescind promptly, upon discovering the facts which

entitle him to rescind, if he is free from duress, menace, undue

influence, or disability, and is aware of his right to rescind ; and

2. He must restore to the other party everything of value which

he has received from him under the contract; or must offer to restore the same, upon condition that such party shall do likewise, unless

the latter is unable or positively refuses to do so. Cross-Referenoe

Rescission of contracts, see sections 2721 to 2723 of this title. ARTICLE 3.—ALTERATION AND CANCELATION

Sec. 961. Alteration of verbal contract. 962. Written contracts, how modified. 963. Extinction by cancelation, etc.

Sec. 964. Extinction by unauthorized alteration.

96.5. Alteration of duplicate, not to prejudice.

961. Alteration of verbal contract.—A contract not in writing

may be altered in any respect by consent of the parties, in writing.

138
THE CIVIL CODE [T. 3, § 973 without a new consideration, and is extinguished thereby to the extent of the new alteration.

Cross-Keference

Altered writing, who to explain, see title 4, section 2032. 962. Written contracts, how modified.—A contract in writing

may be altered by a contract in writing, or by an executed oral

agreement, and not otherwise.

CllO'SS-IlEKERENCES Cancelation of contracts, see sections 2731 et seq., of this title. Parol evidence to alter writings, see section 9D5 of this title ; and title 4, section 1874. 963. Extinction by cancelation, etc.—The destruction or cancelation of a written contract, or of the signature of the parties liable

thereon, with intent to extinguish the obligation thereof, extinguislies

it as to all the parties consenting to the act. 964. Extinction by unauthorized alteration.—The intentional destruction, cancelation, or material alteration of a written contract,

by a party entitled to any benefit under it, or with his consent, ex- tinguishes all the executory obligations of the contract in his favor,

against parties who do not consent to the act. 965. Alteration of duplicate, not to prejudice.—Where a contract

is executed in duplicate, an alteration or destruction of one copy,

while the other exists, is not within the provisions of the next preceding section.

CHAPTER 33.—OBLIGATIONS IMPOSED BY LAW

Sec. 971. Abstinence from injury. 972. Fraudulent deceit. 978. Deceit, what.

974. Deceit upon the public, etc. 975. Restoration of thing wrongfully ac- quired.

Sec. 976. When demand necessary.

977. Responsibility for willful acts, negli- gence, etc. 978. other obligations.

Section 971. Abstinence from injury.—Every person is bound,

without contract, to abstain from injuring the person or property of

another, or infringing upon any of his rights.

972. Fraudulent deceit.—One who willfully deceives another with

intent to induce him to alter his position to his injury, or risk,

is liable for any damage which he thereby suffers. Cboss-Reference

Fraud, see sections 827 et seq., of this title. 973. Deceit, what.—A deceit, within the meaning of the next preceding section, is either

1. The suggestion, as a fact, of that which is not true, by one who

does not believe it to be true;

2. The assertion, as a fact, of that which is not true, by one who

has no reasonable ground for believing it to be true

139
T. 3, § 974] TEE CIVIL CODE

3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead

for want of communication of that fact; or

4. A promise made without any intention of performing it.

Ceoss-Refeeence

Fraud, actual or constructive, see sections 827 et seq., of this title.

974. Deceit opoii the public, etc.—One who practices a deceit with

intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every individual in that class,

who is actually misled by the deceit. 975. Restoration of thing wrongfully acquired.—One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could

not at the time prudently refuse, must restore it to the person

from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the trans- action was corrupt and unlawful on both sides. 976. When demand necessary.—The restoration required by the

next preceding section must be made without demand, except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the

mistake.

977. Responsibility for willful acts, negligence, etc.—Everyone

is responsible, not only for the result of his willful acts, but also

for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has willfully brought the injury upon himself.

Want of ordinary care on the part of the injured person shall not

bar a recovery, but the damages shall be diminished by the court

or jury in proportion to the want of ordinary care attributable to such person. The extent of liability in the cases covered by this

section is defined by the chapter on compensatory relief. Ckoss-Reference

Coinpensatory relief, see sections 2621 et seq., of this title.

978. Other obligations.—Other obligations are prescribed by

chaptei s 2 to 26 of this title,

140
THE CIVIL CODE [T. 3, § 982 CHAPTER 34.—SALES OF GOODS

Sec. 981. Contracts to sell and sales.

'.)S2. Capacity ; liabilities for necessaries. 983. Form of contract or sale. 984. Statute of frauds. 985. Existing and future goods.

986. Undivided shares. 987. Destruction of goods sold. 988. Destruction of goods contracted to bo sold. 989. Deflnitiou and ascertainment of

price. 990. Sale at a valuation.

991. Ettoct of condition. 992. Definition of express warranty.

993. Implied warranties of title. 991. Implied warranty in sale by description. 995. Implied warranties of quality. 996. Implied warranties in sale by sample.

997. No property passes until goods are ascertained.

998. Property in specific goods passes when parties so intend. 999. Rules for ascertaining intention. 1000. Ilesorvatiou of right of possession or property when goods are shipped. 1001. Sale by auction. 1002. Risk of loss. 1003. Sale by person not the owner.

1004. Sale by one having a voidable title. 1005. Sale by seller in possession of goods

already sold. 1006. Creditors' rights against sold goods

in seller's possession. 1007. Definition of negotiable documents of

title. 1008. Negotiation of negotiable documents

Ijy delivery. 1009. Negotiation of negotiable documents

by indorsement.

1010. Negotiable documents of title marked

'• Not Negotiable."

1011. Transfer of nonnegotiable documents.

1012. Who may negotiate a document.

1013. Rights of person to whom document

has been negotiated. 1014. Rights of person to whom document

has been transferred. 1015. Transfer of negotiable document

without indorsement.

1016. Warranties on sale of documents.

1017. Indorser not a guarantor.

1018. When negotiation not impaired by

fraud, mistake, or duress. 1019. Attachment or levy upon goods for which a negotiable document has

been issued.

Sec. 1020. Creditor's remedies to reach negotiable documents.

1021. Seller must deliver and buyer ac- cept goods. 1022. Delivery and payment are concurrent

conditions. 1023. Place, time, and manner of delivery. 1024. Delivery of wrong quantity.

1025. Delivery in installments. 1026. Delivery to a carrier on behalf of the

buyer.

1027. Right to examine the goods. 1028. What constitutes acceptance.

1029. Acceptance does not bar action for damages.

1030. Buyer is not bound to return goods

wrongly delivered. 1031. Buyer's liability for failing to ac- cept delivery. 1032. Definition of unpaid seller. 1033. Remedies of an unpaid seller. 1034. When right of lien may be exercised. 1035. Lien after part delivery. 1036. When lien is lost. 1037. Seller may stop goods on buyer's in- solvency. 1038. When goods are in transit. 1039. Ways of exercising the right to stop. 1040. When and how resale may be made.

1041. When and how the seller may re- scind the sale. 1042. Effect of sale of goods subject to lien or stoppage in transitu. 1043. Action for the price. 1044. Action for damages for nonaccept- ance of the goods. 1045. When seller may rescind contract or

sale. 1046. Action for converting or detaining

goods.

1047. Action for failing to deliver goods.

1048. Specific performance.

1049. Remedies for breach of warranty.

1050. Interest and special damages.

1051. Variation of implied obligations. 1052. Rights may be enforced by action. 1053. Rule for cases not provided for by

this chapter. 1054. Provisions not applicable to mortgages. 1055. Definitions. 1058. Chapter does not apply to existing

sales or contracts to sell. 1057. No repeal of warehouse laws.

Note.—Tliis chapter was derived primarily from the Uniform Sales Act.

Section 981. Contracts to sell and sales.—1. A contract to sell goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price.

2. A sale of goods is an agreement whereby the seller transfers the

property' in goods to the buyer for a consideration called the price.

3. A contract to sell or a sale may be absolute or conditional.

4. There maj^ be a contract to sell or a sale between one part owner

and another.

982. Capacity; liabilities for necessaries.—Capacity to buy and

sell is regulated by the general law concerning capacity to contract,

and to transfer and acquire property. Where necessaries are sold

and delivered to an infant, or to a person who by reason of mental

141
T. 3, § 983] THE CIVIL CODE

incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor. Necessaries in this section mean goods

suitable to the condition in life of such infant or other person, and

to his actual requirements at the time of delivery.

983. Form of contract or sale.—Subject to the provisions of this

chapter and of any statute in that behalf, a contract to sell or a sale may be made in writing (either with or without seal), or by word

of mouth, or partly in writing and partly by word of mouth, or may

be inferred from the conduct of the parties.

984. Statute of frauds.—A contract to sell or a sale of any goods

or choses in action of the value of $50 or upwards shall not be

enforceable by action unless the buyer shall accept part of the goods

or choses in action so contracted to be sold or sold, and actually

receive the same, or give something in earnest to bind the contract, or

in part payment, or unless some note or memorandum in writing of

the contract or sale be signed by the party to be charged or his agent

in that behalf.

2. The provisions of this section apply to every such contract or

sale, notwithstanding that the goods may be intended to be delivered

at some future time or may not at the time of such contract or sale be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery; but if the goods are to be

manufactured by the seller especially for the buyer and are not suit- able for sale to others in the ordinary course of the seller's business,

the provisions of this section shall not apply.

3. There is an acceptance of goods within the meaning of this sec- tion when the buyer, either before or after delivery of the goods,

expresses by words or conduct his assent to becoming the owner of

those specific goods.

CrfoSS-IvEFERENCE What contracts must be written, in general, see section 886 of this title. 985. Existing and future goods.—1. The goods which form the

subject of a contract to sell may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by

the seller after the making of the contract to sell, in this chapter

called " future goods."

2. There may be a contract to sell goods, the acquisition of which

by the seller depends upon a contingency Avhich may or may not

happen.

3. Where the parties purport to effect a present sale of future

goods, the agreement operates as a contract to sell the goods.

986. Undivided shares.—1. There may be a contract to sell or a

sale of an undivided share of goods. If the parties intend to effect a present sale, the buyer, by force of the agreement, becomes an owner in common with the owner or owners of the remaining shares.

2. In the case of fungible goods, there may be a sale of an un- divided share of a s])ecific mass, though the seller purports to sell and the buyer to buy a definite number, weight or measure of the

goods in the mass, and though the number, weight or measure of the

142
TEE CIVIL CODE [T. 3, § 989 goods in the mass, is micletermined. By such a sale the buyer be- comes owner in common of such a share of the mass as the number,

weight, or measure bought bears to the number, weight, or measure

of the mass. If the mass contains less than the number, weight, or measure bought, the buyer becomes the owner of the whole mass and

the seller is bound to make good the deficiency from similar goods

unless a contrary intent appears.

987. Destruction of goods sold.—1. Wliere the parties purport to

sell specific goods, and the goods without the knowledge of the seller have wholly perished at the time when the agreement is made, the

agreement is void.

2. Where the parties purport to sell specific goods, and the goods

without the knowledge of the seller have perished in part or have

wholly or in a material part so deteriorated in quality as to be substantially changed in character, the buyer may at his option treat the sale

fa) As avoided, or

(b) As transferring the property in all of the existing goods or

in so much thereof as have not deteriorated, and as binding the

buyer to pay the full agreed price if the sale was indivisible, or to pay the agreed price for the goods in which the property passes if the sale was divisible. 988. Destruction of goods contracted to be sold.—1. Where there

is a contract to sell specific goods, and subsequently, but before the

risk passes to the buyer, without any fault on the part of the seller or

the buyer, the goods wholly perish, the contract is thereby avoided.

2. Where there is a contract to sell specific goods, and subsequently, but before the risk passes to the buyer, without any fault of

the seller or the buyer, part of the goods perish or the whole or a material part of the goods so deteriorate in quality as to be substantially changed in character, the buyer may at his option treat the contract

(a) As avoided, or

(b) As binding the seller to transfer the property in all of the

existing goods, or in so much thereof as have not deteriorated, and

as binding the buyer to pay the full agreed price if the contract was

indivisible, or to pay the agreed price for so much of the goods as the seller, by the buyer's option, is bound to transfer if the contract was divisible.

989. Definition and ascertainment of price.—1. The price may be

fixed by the contract, or may be left to be fixed in such manner as may be agreed, or it may be determined by the course of dealing

between the parties.

2. The price may be made payable in any personal property.

3. Where transferring or promising to transfer any interest in

real estate constitutes the whole or part of the consideration for

transferring or for promising to transfer the property in goods, this

chapter shall not apply.

4. Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case. 143
T. 3, § 990] THE CIVIL CODE

990. Sale at a valuation.—1. Where there is a contract to sell or

a sale of goods at a price or on terms to be fixed by a third person,

and such third person without fault of the seller or tlie buyer,

cannot or does not fix the price or terms, the contract or the sale

is thereby avoided; but if the goods or any part thereof have been

delivered to and appropriated by the buyer he must pay a reasonable

price therefor.

2. Where such third person is prevented from fixing the price or terms by fault of the seller or the buyer, the party not in fault may

have such remedies against the party in fault as are allowed by the

appropriate parts of this chapter.

991. Effect of condition.—1. Where the obligation of either party

to a contract to sell or a sale is subject to any condition which is not

performed, such party may refuse to proceed with the contract or

sale or he may waive performance of the condition. If the other

party has promised that the condition should happen or be per- formed, such first mentioned party may also treat the nonperformance of the condition as a breach of warranty.

2. Where the property in the goods has not passed, the buyer may

treat the fulfillment by the seller of his obligation to furnish goods

as described and as warranted expressly or by implication in the contract to sell as a condition of the obligation of the buyer to per- form his promise to accept and pay for the goods.

992. Definition of express warranty.—Any affirmation of fact or any promise by the seller relating to the goods is an express warranty

if the natural tendency of such affirmation or promise is to induce

the buyer to purchase the goods, and if the buyer purchases the

goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion

only shall be construed as a warranty.

993. Implied warranties of title.—In a contract to sell or a sale,

unless contrary intention appears, there is

1. An implied warranty on the part of the seller that in case of

a sale he has a right to sell the goods, and that in case of a contract

to sell he will have a right to sell the goods at the time when the

property is to pass;

2. An implied warranty that the buyer shall have and enjoy quiet

possession of the goods as against any lawful claims existing at the

time of the sale;

3. An implied warranty that the goods shall be free at the time

of the sale from any charge or encumbrance in favor of any third

person, not declared or known to the buyer before or at the time

when the contract or sale is made.

4. This section shall not, however, be held to render liable a marshal, auctioneer, mortgagee, or other person professing to sell by

virtue of authority in fact or law goods in which a third person has

a legal or equitable interest. 994. Implied warranty in sale by description.—Where there is a contract to sell or a sale of goods by description, there is an implied

warranty that the goods shall correspond with the description and

144
THE CIVIL CODE [T. 3, § 998

if the contract or sale be by sample, as well as by description, it is not

suflicient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.

995. Implied warranties of quality.—Subject to the provisions of

this chapter and of any statute in that behalf, there is no implied

warrant}^ or condition as to the quality or fitness for any particular

purpose of goods supplied under a contract to sell or a sale, except

as follows

1. Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required,

and it ap^^ears that the buyer relies on the seller's skill or judgment

(whether he be the grower or manufacturer or not), there is an

implied warranty that the goods shall be reasonably fit for such

purpose.

2. Where the goods are bought by description from a seller who

deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods

shall be of merchantable quality.

3. If the buyer has examined the goods, there is no implied warranty as regards defects which such examination ought to have

revealed.

4. In the case of a contract to sell or a sale of a specified article

under its patent or other trade name, there is no implied warranty

as to its fitness for any particular purpose.

5. An implied w^arranty or condition as to quality or fitness for

a particular purpose may be annexed by the usage of trade.

6. x\n express warranty or condition does not negative a warranty

or condition implied under this chapter unless inconsistent therewith.

996. Implied warranties in sale by sample.—In the case of a contract to sell or a sale by sample

(a) There is an implied warranty that the bulk shall correspond

with the sample in quality.

(b) There is an implied warranty that the buyer shall have a reasonable opportunity of comparing the bulk with the sample, except

so far as otherwise provided in subdivision 3 of section 1027 of this

title. (c) If the seller is a dealer in goods of that kind, there is an

implied warranty that the goods shall be free from any defect ren- dering them unmerchantable which would not be apparent on reasonable examination of the sample.

997. No property passes until goods are ascertained.—Where

there is a contract to sell unascertained goods no property in the

goods is transferred to the buyer unless and until the goods are as- certained, but property in an undivided share of ascertained goods

may be transferred as provided in section 986 of this title. 998. Property in specific goods passes when parties so intend.—

1. Where there is a contract to sell specific or ascertained goods, the

property in them is transferred to the buyer at such time as the

parties to the contract intend it to be transferred.

145
T. 3, § 999] THE CIVIL CODE

2. For the purpose of ascertaining the intention of the parties,

regard shall be had to the terms of the contract, the conduct of the

parties, usages of trade, and the circumstances of the case. 999. Rules for ascertaining intention.—Unless a different intention appears, the following are rules for ascertaining the intention

of the parties as to the time at which the property in the goods is to pass to the buyer : liuLE 1. Where there is an unconditional contract to sell specific

goods, in a deliverable state, the property in the goods passes to the

buyer when the contract is made and it is immaterial whether the

time of payment, or the time of delivery, or both, be postponed.

Rule 2. AVhere there is a contract to sell specific goods and the

seller is bound to do something to the goods, for the purpose of

putting them into a deliverable state, the property does not pass until

such thing be done.

Rule 3. 1. When goods are delivered to the buyer " on sale or return," or on otlier terms indicating an intention to make a present

sale, but to give the bu3^er an option to return the goods instead of

paying the price, the property passes to the buyer on delivery, but

he may revest the property in the seller by returning or tendering

the goods within the time fixed in the contract, or, if no time has

been fixed, within a reasonable time.

2. When goods are delivered to the buyer on approval or on trial or on satisfaction, or other similar terms, the property therein passes

to the buyer

(a) When he signifies his approval or acceptance to the seller or does any other act adopting the transaction

(b) If he does not signify his approval or acceptance to the seller,

but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of

such time, and, if no time has been fixed, on the expiration of a rea- sonable time. What is a reasonable time is a question of fact. Rule 4. 1. Where there is a contract to sell unascertained or future

goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by

the seller v/ith the assent of the buyer, or by the buyer with the

assent of the seller, the property in the goods thereupon ]:)asses to the

buyer. Such assent may be expressed or implied, and may be given

either before or after the appropriation is made.

2. Where, in pursuance of a contract to sell, the seller delivers the

goods to the buyer, or to a carrier or other bailee (whether named

by the buj^er or not) for the purpose of transmission to or holding

for the buyer, he is presumed to have unconditionally appro))riated

the goods to the contract, except in the cases provided for in the next

rule and in section 1000 of this title. This presumption is applicable,

although by tlie terms of the contract the buyer is to ])a3'^ the price

before receiving delivery of the goods and the goods are marked

with the words " collect on delivery " or their equivalents.

Rule 5. If tlie contract to sell requires the seller to deliver the

goods to the buyer, or at a particular place, or to pay the freight or

cost of transportation to the buyer, or to a particular place, the

146
THE CIVIL CODE T. 3, § 1001]

property does not pass until the goods have been delivered to the

buyer or reached the place agreed upon.

1000. Reservation of right of possession or property when goods

are shipped.—1. Where there is a contract to sell specific goods, or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right

of possession or property in the goods until certain conditions have

been fulfilled. The right of possession or property may be thus

reserved notwithstanding the delivery of the goods to the buyer or

to a carrier or other bailee for the purpose of transmission to the

buyer.

2. Where goods are shipped, and by the bill of lading the goods

are deliverable to the seller or his agent, or to the order of the seller or of his agent, the seller thereby reserves the i)roperty in the goods.

But if, except for the form of the bill of lading the property would

have passed to the buyer on shiijment of the goods, the seller's property in the goods shall be deemed to be only for the purpose of secur- ing performance by the buyer of his obligations under the contract.

3. Where goods are shipped, and by the bill of lading the goods

are deliverable to the order of the buyer or of his agent, but posses- sion of the bill of lading is retained by the seller or his agent, the

seller thereby reserves a right to the possession of the goods as against the buyer.

4. Where the seller of goods draws on the buyer for the price and

transmits the bill of exchange and bill of lading together to the

buyer to secure acceptance or payment of the bill of exchange, the

buyer is bound to return the bill of lading if he does not honor the

bill of exchange, and if he wrongfully retains the bill of lading he

acquires no added right thereby. If, however, the bill of lading

provides that the goods are deliverable to the buyer or to the order

of the buyer, or is indorsed in blank, or to the buyer by the consignee named therein, one who purchases in good faith, for value, the

bill of lading, or goods from the buyer will obtain the property in

the goods, although the bill of exchange has not been honored, \)vovided that such purchaser has received delivery of the bill of lading

indorsed by the consignee named therein, or of the goods, without

notice of the facts making the transfer wrongful.

1001. Sale by auction.—In the case of sale by auction

1. Where goods are put up for sale by auction in lots each lot is the subject of a separate contract of sale.

2. A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner.

Until such announcement is made, any bidder may retract his bid;

and the auctioneer may withdraw the goods from sale unless the

auction has been announced to be without reserve.

3. A right to bid may be reserved expressly by or on behalf of the

seller.

4. Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for

the seller to bid himself or to employ or induce any person to bid at such sale on his behalf, or for the auctioneer to employ or induce

147
T. 3, § 1002] T3E CIVIL CODE

any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. Any

sale contravening this rule may be treated as fraudulent by the

buyer.

1002. Risk of loss.—Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer,

but when the property therein is transferred to the buyer the goods

are at the buyer's risk whether delivery has been made or not, except

that

(a) Where delivery of goods has been made to the buyer, or to a

bailee for the buyer, in pursuance of the contract and the property

in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract, the goods are

at the buyer's risk from the time of such delivery.

(b) Where delivery has been delayed through the fault of either

buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault. 1003. Sale by person not the owner.—1. Subject to the provisions

of this chapter, where goods are sold by a person who is not the owner tliereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by

his conduct precluded from denying the seller's authority to sell. 2. Nothing in this chapter, however, shall affect

(a) The provisions of any factors' acts, recording acts, or any

enactment enabling the apparent owner of goods to dispose of them

as if he were the true owner thereof.

(b) The validity of any contract to sell or sale under any special

common law or statutory power of sale or under the order of a court

of competent jurisdiction.

1004. Sale by one having a voidable title.—Where the seller of

goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith, for value, and without notice of

the seller's defect of title. 1005. Sale by seller in possession of goods already sold.—"^Vliere a person having sold goods continues in possession of the goods,

or of negotiable documents of title to the goods, the delivery or

transfer by that person, or by an agent acting for him, of the goods

or documents of title under any sale, pledge, or other disposition

thereof, to any person receiving and paying value for the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were

expressly authorized by the owner of the goods to make the same.

1006. Creditors' rights against sold goods in seller's possession.

Where a person having sold goods continues in possession of the

goods, or of negotiable documents of title to the goods and such

retention of possession is fraudulent in fact or is deemed fraudulent

under any rule of law, a creditor or creditors of the seller may treat the sale as void.

148
THE CIVIL CODE tT. 3. § 1012

1007. Definition of negotiable documents of title.—A document

of title in which it is stated that the goods referred to therein will

be delivered to the bearer, or to the order of any person named in

such document is a negotiable document of title. 1008. Negotiation of negotiable documents by delivery.—A negotiable document of title may be negotiated by delivery

(a) Where, by the terms of the document, the carrier, warehouseman, or other bailee issuing the same undertakes to deliver the goods

to the bearer ; or

(b) Where, by the terms of the document, the carrier, warehouseman, or other bailee issuing the same undertakes to deliver the goods

to the order of a specified person, and such person or a subsequent

indorsee of the document has indorsed it in blank or to bearer.

Where, by the terms of a negotiable document of title, the goods

are deliverable to bearer or where a negotiable document of title has

been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other specified person, and in such case the document shall thereafter be negotiated only by the indorsement

of such indorsee.

1009. Negotiation of negotiable documents by indorsement.—A

negotiable document of title may be negotiated by the indorsement

of the person to whose order the goods are by the terms of the document deliverable. Such indorsement maj be in blank, to bearer or

to a specified person. If indorsed to a specified person, it may be

again negotiated by the indorsement of such person in blank, to bearer or to another specified person. Subsequent negotiation may

be made in like manner.

lOiO. Negotiable documents of title marked "not negotiable."—

If a document of title which contains an undertaking by a carrier,

warehouseman, or other bailee to deliver the goods to the bearer, to a specified person or order, or to the order of a specified person, or which contains words of like import, has placed upon it the words

" not negotiable ", " nonnegotiable ", or the like, such a documxcnt

may nevertheless be negotiated by the holder and is a negotiable

document of title within the meaning of this chapter. But nothing

in this chapter contained shall be construed as limiting or defining

the effect upon the obligations of the carrier, warehouseman, or other bailee issuing a document of title of placing thereon the words

" not negotiable ", " nonnegotiable ", or the like. 1011. Transfer of nonnegotiable documents.—A document of

title which is not in such form that it can be negotiated by delivery

may be transferred by the holder by delivery to a purchaser or

donee. A nonnegotiable document cannot be negotiated, and the

indorsement of such a document gives the transferee no additional

right.

1012. Who may negotiate a document.—A negotiable document

of title may be negotiated

(a) By the owner thereof, or

(b) By any person to whom the possession or custody of the

document has been entrusted by the owner, if, by the terms of the

149
T. 3, § 1013] THE CIVIL CODE

document the bailee issuing the document undertakes to deliver the

goods to the order of the person to whom the possession or custody

of the document has been entrusted, or if at the time of such entrust- ing the document is in such form that it may be negotiated by

delivery.

1013. Rights of person to whom document has been negotiated.—

A person to whom a negotiable document of title has been duly

negotiated acquires thereby

(a) Such title to the goods as the person negotiating the document

to him had or had ability to convey to a purchaser in good faith for

value and also such title to the goods as the person to whose order

the goods were to be delivered by the terms of the document had or had ability to convey to a purchaser in good faith for value, and

(b) The direct obligation of the bailee issuing the document to hold possession of the goods for him according to the terms of the

document as iwWy as if such bailee had contracted directly with him.

1014. Rights of person to whom document has been transferred.—A person to whom a document of title has been transferred,

but not negotiated, acquires thereby, as against the transferor, the

title to the goods, subject to the terms of an}^ agreement with the

transferor. If the document is nonnegotiable, such person also ac- quires the right to notify the bailee who issued the document of the

transfer thereof, and thereby to acquire the direct obligation of such

bailee to hold pos-:ession of the goods for him according to the terms

of the document. Prior to the notification of such bailee by the

transferor or transferee of a nonnegotiable document of title, the

title of the transferee to the goods and the right to acquire the obli- gation of such bailee may be defeated by the levy of an attachment

of execution upon the goods by a creditor of the transferor, or by a notification to such bailee by the transferor or a subsequent purchaser

from the transferor of a subsequent sale of the goods by the

transferor.

1015. Transfer of negotiable document without indorsement.—

Where a negotiable document of title is transferred for value by

delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the document unless a contrary intention appears. The negotiation shall take eifect as of the time when the

indorsement is actually made.

1016. Warranties on sale of document.—A person who for value

negotiates or transfers a document of title by indorsement or delivery, including one who assigns for value a claim secured by a document of title unless a contrary intention appears, warrants:

(a) That the document is genuine;

(b) That he has a legal right to negotiate or transfer it; (c) That he has knowledge of no fact which would impair the

validity or worth of the document; and

(d) That he has a riglit to transfer the title to the goods and that

the goods are merchant!il)le or fit for a particular purpose, whenever such warranties would have been implied if the contract of the

150
THE CIVIL CODE [T. 3, § 1023

parties had been to transfer without a document of title the goods

represented thereby.

1017. Indorser not a guarantor.—The indorsement of a document

of title shall not make the indorser liable for any failure on the part

of the bailee who issued the document or previous indorsers thereof

to fulfill their respective obligations.

1018. When negotiation not impaired by fraud, mistake, or

duress.—The validity of the negotiation of a negotiable document of

title is not impaired by the fact that the negotiation was a breach

of duty on the part of the person making the negotiation, or by the

fact that the owner of the document was induced by fraud, mistake

or duress to entrust the possession or custody thereof to such person,

if the person to whom the document was negotiated or a person to whom the document was subsequently negotiated paid value therefor,

without notice of the breach of duty, or fraud, mistake or duress.

1019. Attachment or levy upon goods for which a negotiable

document has been issued.—If goods are delivered to a bailee by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner and a negotiable document of title is issued for them they cannot thereafter,

while in the possession of such bailee, be attached by garnishment or otherwise be levied upon under an execution unless the document be

first surrendered to the bailee or its negotiation enjoined. The bailee

shall in no case be compelled to deliver up the actual possession of

the goods until the document is surrendered to him or impounded by

the court. 1020. Creditor's remedies to reach negotiable documents.—A

creditor whose debtor is the owner of a negotiable document of title shall be entitled to such aid from courts of appropriate jurisdiction

by injunction and otherwise in attaching such document or in satisfying the claim by means thereof as is allowed at law or in equity in

regard to property which cannot be readily attached or levied upon

by ordinary legal process. 1021. Seller must deliver and buyer accept goods.—It is the duty

of the seller to deliver the goods, and of the buyer to accept and

pay for them, in accordance with the terms of the contract to sell or sale. 1022. Delivery and payment are concurrent conditions.—Unless

otherwise agreed, delivery of the goods and payment of the price are concurrent conditions ; that is to say, the seller must be ready and

willing to give possession of the goods to i\\Q buyer in exchange for

the price and the buyer must be ready and willing to pay the price

in exchange for possession of the goods.

1023. Place, time, and manner of delivery.—1. Whether it is for

the buyer to take possession of the goods or for the seller to send

them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any

such contract, express or implied, or usage of trade to the contrary,

the place of delivery is the seller's place of business if he have one,

151
[T. 3, § 1012 THE CIVIL CODE

and if not his residence ; but in case of a contract to sell or a sale of

specific goods, which to the knowledge of the parties when the contract or the sale was made were in some other place, then that place

is the place of delivery.

2. Where by a contract to sell or a sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed,

the seller is bound to send them within a reasonable time.

3. Where the goods at the time of sale are in the possession of a

third i^erson, the seller has not fulfilled his obligation to deliver to the buyer unless and until such third person acknowledges to the

buyer that he holds the goods on the buyer's behalf; but as against

all others than the seller the buyer shall be regarded as having

received delivery from the time when such third person first has

notice of the sale. Nothing in this section, however, shall affect the

operation of the issue or transfer of any document of title to goods.

4. Demand or tender of delivery may be treated as ineffectual

unless made at a reasonable hour. What is a reasonable hour is a question of fact.

5. Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller. 1024. Delivery of wrong quantity.—1. Where the seller delivers

to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts or retains the

goods so delivered, knowing that the seller is not going to perform

the contract in full, he must pay for them at contract rate. If,

however, the buyer has used or disposed of the goods delivered before

he knows that the seller is not going to perform his contract in full,

the buyer shall not be liable for more than the fair value to him of

the goods so received.

2. Where the seller delivers to the buyer a quantity of goods

larger than he contracted to sell, the buyer may accept the goods

included in the contract and reject the rest, or he may reject the

whole. If the buyer accepts the whole of the goods so delivered he

must pay for them at the contract rate.

3. Where the seller delivers to the buyer the goods he contracted

to sell mixed with goods of a different description not included in

the contract, the buyer may accept the goods which are in accordance

with the contract and reject the rest, or he may reject the whole.

4. The provisions of this section are subject to any usage of trade,

special agreement, or course of dealing between the parties.

1025. Delivery in installments.—1. Unless otherwise agreed, the

buyer of goods is not bound to accept delivery thereof by install- ments.

2. Where there is a contract to sell goods to be delivered by stated

installments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more installments, or the buyer neglects or refuses to take delivery of or pay for one or more installments, it depends in each case on the terms of the contract and the circumstances of the case whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire

152
THE CIVIL CODE [T. 3, § 1029

contract, or whether the breach is severable, giving rise to a claim

for compensation, but not to a right to treat the whole contract as broken.

1026. Delivery to a carrier on behalf of the buyer.—1. Where, in

pursuance of a contract to sell or a sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a

carrier, whether named by the buyer or not, for the purpose of

transmission to the buyer is deemed to be a delivery of the goods

to the buyer, except in the cases provided for in section 999 of this

title, rule five, or unless a contrary intent appears.

2. Unless otherwise authorized by the buyer, the seller must make

such contract with the carrier on behalf of the buyer as may be

reasonable, having regard to the nature of the goods and the other

circumstances of the case. If the seller omit so to do, and the goods

are lost or damaged in course of transit, the buyer may decline to

treat the delivery to the carrier as a delivery to himself, or may hold

the seller responsible in damages.

3. Unless otherwise agreed, where goods are sent by the seller to the buyer under circumstances in which the seller knows or ought

to know that it is usual to insure, the seller must give such notice

to the buyer as may enable him to insure them during their transit,

and, if the seller fails to do so, the goods shall be deemed to be at

his risk during such transit.

1027. Right to examine the goods.—1. Where goods are delivered

to the buyer, which he has not previously examined, he is not deemed

to have accepted them unless and until he has had a reasonable

opportunity to examine them for the purpose of ascertaining

whether they are in conformity with the contract.

2. Unless otherwise agreed, when the seller tenders delivery of

goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of

ascertaining whether they are in conformity with the contract.

3. Where goods are delivered to a carrier by the seller, in accord- ance with an order from or agreement with the buyer, upon the

terms that the goods shall not be delivered by the carrier to the

buyer until he has paid the price, whether such terms are indicated

by marking the goods with the words " collect on delivery," or

otherwise, the buyer is not entitled to examine the goods before payment of the price in the absence of agreement permitting such

examination.

1028. What constitutes acceptance.—The buyer is deemed to have

accepted the goods when he intimates to the seller that he has ac- cepted them, or when the goods have been delivered to him and he

does any act in relation to them which is inconsistent with the

ownership of the seller, or when, after the lapse of a reasonable time,

he retains the goods without intimating to the seller that he has

rejected them.

1029. Acceptance does not bar action for damages.—In the ab- sence of express or implied agreement of the parties, acceptance of

the goods by the buyer shall not discharge the seller from liability

in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of

93083—34 H 153
T. 3, § 1030] THE CIVIL CODE

the goods, the buyer fails to give notice to the seller of the breach of

any promise or warranty within a reasonable time after the buyer

knows, or ought to know, of such breach, the seller shall not be liable therefor.

1030. Buyer is not bound to return goods wrongly delivered.—

Unless otherwise agreed, where goods are delivered to the buyer,

and he refuses to accept them, having the right so to do, he is not

bound to return them to the seller, but it is sufficient if he notifies the

seller that he refuses to accept them.

1031. Buyer's liability for failing to accept delivery.—^When the

seller is ready and willing to deliver the goods, and requests the

buyer to take delivery, and the buyer does not within a reasonable

time after such request take delivery of the goods, he is liable to the

seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of

the goods. If the neglect or refusal of the buyer to take delivery

amounts to a repudiation or breach of the entire contract, the seller shall have the rights against the goods and on the contract hereinafter provided in favor of the seller when the buyer is in default.

1032. Definition of unpaid seller.—1. The seller of goods is deemed to be an unj^aid seller within the meaning of this chapter:

(a^ When the whole of the price has not been paid or tendered.

(b) When a bill of exchange or other negotiable instrument has

been received as conditional payment, and the condition on which it was received has been broken by reason of the dishonor of the instrument, the insolvency of the buyer, or otherwise.

2. In this part of this chapter the term " seller " includes an agent

of the seller to whom the bill of lading has been indorsed, or a consignor or agent who has himself paid, or is directly responsible

for, the price, or any other person who is in the position of a seller. 1033. Remedies of an unpaid seller.—1. Subject to the provisions

of this chapter, notwithstanding that the property in the goods may

have passed to the buyer, the unjiaid seller of the goods, as such has

(a) A lien on the goods or right to retain them for the price while

he is in possession of them;

(b) In case of the insolvency of the buyer, a right of stopping the

goods in transitu after he has parted with the possession of them;

(c) A right of resale as limited by this chapter;

(d) A right to rescind the sale as limited by this chapter.

2. Where the property in goods has not passed to the buyer, the

unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and coextensive with his rights of lien

and stoppage in transitu where the property has passed to the buyer.

1034. When right of lien may be exercised.—1. Subject to the

provisions of this chapter, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment

or tender of the price in the following cases, namely

(a) Where the goods have been sold without any stipulation as

to credit;

154
THE CIVIL CODE [T. 3, § 1038

(b) Where the goods have been sold on credit, but the term of

credit has expired

(c) Where the buyer becomes insolvent.

2. The seller may exercise his right of lien notwithstanding that

he is in jDossession of the goods as agent or bailee for the buyer.

1035. Lien after part delivery.—Where an unpaid seller has made

part delivery of the goods, he may exercise his right of lien on the

remainder, unless such part delivery has been made under such cir- cumstances as to show an intent to waive the lien or right of

retention.

1036. When lien is lost.—1. The unpaid seller of goods loses his

lien thereon

(a) When he delivers the goods to a carrier or other bailee for the

purpose of transmission to the buyer without reserving the property

in the goods or the right to the possession thereof;

(b) When the buyer or his agent lawfully obtains possession of

the goods

(c) By waiver thereof.

2. The unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has obtained judgment or decree for

the price of the goods.

1037. Seller may stop goods on buyer's insolvency.—Subject to the provisions of this chapter, when the buyer of goods is or becomes

insolvent, the unpaid seller who has parted with the possession of the

goods has the right of stopping them in transitu, that is to say, he

may resume possession of the goods at any time while they are in

transit, and he will then become entitled to the same rights in regard

to the goods as he would have had if he had never parted with the

possession.

1038. When goods are in transit.—1. Goods are in transit within

the meaning of the next preceding section

(a) From the time when they are delivered to a carrier by land

or water, or other bailee for the purpose of transmission to the buyer,

until the buyer, or his agent in that behalf, takes delivery of them

from such carrier or other bailee

(b) If the goods are rejected by the buyer, and the carrier or other bailee continues in possession of them, even if the seller has

refused to receive them back.

2. Goods are no longer in transit within the meaning of the next

preceding section

(a) If the buyer, or his agent in that behalf, obtains delivery of

the goods before their arrival at the appointed destination

(b) If, after the arrival of the goods at the appointed destination,

the carrier or other bailee acknowledges to the buyer or his agent that

he holds the goods on his behalf and continues in possession of them

as bailee for the buyer or his agent; and it is immaterial that

a further destination for the goods may have been indicated by the

buyer

(c) If the carrier or other bailee wrongfully refuses to deliver

the goods to the buyer or his agent in that behalf.

155
T. 3, § 1039] THE CIVIL CODE

3. If the goods are delivered to a ship chartered by the buyer,

it is a question depending on the circumstances of the particular case whether they are in the possession of the master as a carrier or as agent of the buyer.

4. If part delivery of the goods has been made to the buyer, or his

agent in that behalf, the remainder of the goods may be stopped in

transitu, unless such part delivery has been made under such circumstances as to show an agreement with the buyer to give up possession

of the whole of the goods.

1039. Ways of exercising the right to stop.—1. The unpaid seller may exercise his right of stoppage in transitu either by obtaining

actual possession of the goods or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. Such

notice may be given either to the person in actual possession of the

goods or to his principal. In the latter case the notice, to be effectual,

must be given at such time and under such circumstances that the

principal, by the exercise of reasonable diligence, may prevent a delivery to the buyer.

2. When notice of stoppage in transitu is given by the seller to the

carrier, or other bailee in possession of the goods, he must redeliver

the goods to, or according to the directions of, the seller. The expenses of such delivery must be borne by the seller. If. however, a negotiable document of title representing the goods has

been issued by the carrier or other bailee, he shall not be obliged to deliver or justified in delivering the goods to the seller unless such

document is first surrendered for cancelation.

1040. When and how resale may be made.—1. Where the goods

are of a perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where

the buyer has been in default in the payment of the price an unreasonable time, an unpaid seller having a right of lien or having stopped

the goods in transitu may resell the goods. He shall not thereafter

be liable to the original buyer upon the contract to sell or the sale or for any profit made by such resale, but may recover from the

buyer damages for any loss occasioned by the breach of the contract or the sale.

2. Where a resale is made, as authorized in this section, the buyer

acquires a good title as against the original buyer.

3. It is not essential to the validity of a resale that notice of an

intention to resell the goods be given by the seller to the original

buyer. But where the right to resell is not based on the perishable

nature of the goods or upon an express provision of the contract or the sale, the giving or failure to give such notice shall be relevant

in any issue involving the question whether the buyer had been in

default an unreasonable time before the resale was made.

4. It is not essential to the validity of a resale that notice of the

time and place of such resale should be given by the seller to the

original buyer.

5. The seller is bound to exercise reasonable care and judgment

in making a resale, and subject to this requirement may make a

resale either by public or private sale.

156
THE CIVIL CODE [T. 3, § 1043

1041. When and how the seller may rescind the sale.—1. An un- paid seller having a right of lien or having stopped the goods in

transitu, may rescind the transfer of title and resume the property in

the goods, where he expressly reserved the right to do so in case the buyer should make default, or where the buyer has been in

default in the payment of the price an unreasonable time. The

seller shall not thereafter be liable to the buyer upon the contract

to sell or the sale, but may recover from the buyer damages for any

loss occasioned by the breach of the contract or the sale.

2. The transfer of title shall not be held to have been rescinded by

an unpaid seller until he has manifested by notice to the buyer or by some other overt act an intention to rescind. It is not necessary

that such overt act should be communicated to the buyer but the

giving or failure to give notice to the buyer of the intention to rescind shall be relevant in any issue involving the question whether

the buyer had been in default an unreasonable time before the right

of rescission was asserted.

1042. Effect of sale of goods subject to lien or stoppage in

transitu.—Subject to the provisions of this chapter, the unpaid

seller's right of lien or stoppage in transitu is not affected by any

sale, or other disposition of the goods which the buyer may have

made, unless the seller has assented thereto. If, however, a negotiable document of title has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the right of any purchaser for value in good faith to whom such document has been

negotiated, whether such negotiation be prior or subsequent to the

notification to the carrier, or other bailee who issued such document,

of the seller's claim to a lien or right of stoppage in transitu.

1043. Action for the price.—1. Where, under a contract to sell or

a sale, the property in the goods has passed to the buyer, and the

buyer wrongfully neglects or refuses to pay for the goods according

to the terms of the contract or the sale, the seller may maintain an action against him for the price of the goods.

2. Where, under a contract to sell or a sale, the price is payable on a day certain, irrespective of delivery or of transfer of title, and

the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the

goods has not passed, and the goods have not been appropriated to the contract. But it shall be a defense to such an action that the

seller at any time before judgment in such action has manifested an inability to perform the contract or the sale on his part or an

intention not to perform it. 3. Although the property in the goods has not passed, if they can

not readily be resold for a reasonable price, and if the provisions of

subdivision 4 of the section next following are not applicable,

the seller may offer to deliver the goods to the buyer, and if the

buyer refuses to receive them, may notify the buyer that the goods

are thereafter held by the seller as bailee for the buyer. Thereafter

the seller may treat the goods as the buyer's and may maintain an

action for the price.

157
T. 3, § 1044

THE CIVIL CODE

1044. Action for damages for nonacceptaiice of the goods.—

1. Where the buyer wrongfully neglects or refuses to accept and pay

for the goods, the seller may maintain an action against him for

damages for nonacceptance.

2. The measure of damages is the estimated loss directly and nat- urally resulting, in the ordinar}^ course of events, from the buyer's

breach of contract.

3. Where there is an available market for the goods in ([uestion,

the measure of damages is, in the absence of special circiniistances,

showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time

or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept.

4. If, while labor or expense of material amount are necessary on

the part of the seller to enable him to fulfill his obligations under

the contract to sell or the sale, the buyer repudiates the contract or

the sale, or notifies the seller to proceed no further therewith, the

buyer shall be liable to the seller for no greater damages than the

seller would have suffered if he did nothing toward carrying out the

contract or the sale after receiving notice of the buyer's repudiation

or countermand. The profit the seller would have made if the contract or the sale had been fully performed shall be considered in

estimating such damages.

1045. When seller may rescind contract or sale.—Where the

goods have not been delivered to the buyer, and the buyer has repudiated the contract to sell or sale, or has manifested his inability to perform his obligations thereunder, or has committed a material

breacli thereof, the seller may totally rescind the contract or the sale by giving notice of his election so to do to the buyer,

1046. Action for converting or detaining goods.—Where the

property in the goods has passed to the buyer and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain

any action allowed by law to the owner of goods of similar kind

when wrongfully converted or withheld.

1047. Action for failing to deliver goods.—1. Where the property

in the goods has not passed to the buyer, and the seller wrongfully

neglects or refuses to deliver the goods, the buyer may maintain an

action against the seller for damages for nondelivery,

2. The measure of damages is the loss directly and naturally re- sulting in the ordinary course of events from the seller's breach of

contract.

3. Where there is an available market for the goods in question,

the measure of damages, in the absence of special circumstances

showing proximate damages of a greater amount, is the difference

between the contract price and the market or current price of the

goods at the time or times when they ought to have been delivered,

or, if no time was fixed, then at the time of the refusal to deliver.

1048. Specific performance.—AVhere the seller has broken a contract to deliver specific or ascertained goods, a court having the

powers of a court of equity may, if it thinks fit, on the api^lication

158
THE CIVIL CODE [T. 3, § 1049

of the buyer, by its judgment or decree, direct that the contract shall

be performed specitically, without giving the seller the option of

retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as

to damages, payment of the price and otherwise, as to the court may

seem just. Cros s -Refeben ce

Specific performance of obligations genemlly, see sections 2701 et seq., of

this title. 1049. Remedies for breach of warranty.—1. Where there is a breach of warranty by the seller, the buyer may, at his election

(a) Accept or keep the goods and set up against the seller the

breach of warranty by way of recoupment in diminution or extinction of the price

(b) Accept or keep the goods and maintain an action against the

seller for damages for the breach of warranty;

(c) Refuse to accept the goods, if the property therein has not

passed, and maintain an action against the seller for damages for

the breach of warranty

(d) Rescind the contract to sell or the sale and refuse to receive

the goods, or if the goods have already been received, return them or

offer to return them to the seller and recover the price or any part

thereof which has been paid.

2. When the buyer has claimed and been granted a remedy in any

one of these ways, no other remedy can thereafter be granted.

3. Where the goods have been delivered to the buyer, he cannot

rescind the sale if he knew of the breach of warranty when he ac- cepted the goods, or if he fails to notify the seller within a reasonable

time of the election to rescind, or if he fails to return or to offer to return the goods to the seller in substantially as good condition as they were in at the time the property was transferred to the buyer.

But if deterioration or injury of the goods is due to the breach of

warranty, such deterioration or injury shall not prevent the buyer

from returning or offering to return the goods to the seller and

rescinding the sale.

4. Where the buyer is entitled to rescind the sale and elects to do

so, the buyer shall cease to be liable for the price upon returning or

offering to return the goods. If the price or any part thereof has

already been paid, the seller shall be liable to repay so much thereof

as has been paid, concurrently with the return of the goods, or immediately after an offer to return the goods in exchange for repayment

of the price.

5. Where the buyer is entitled to rescind the sale and elects to do

so, if the seller refuses to accept an offer of the buyer to return tlie goods, the buyer shall thereafter be deemed to hold the goods as

bailee for the seller, but subject to a lien to secure the repayment

of any portion of the price which has been paid, and with the remedies for the enforcement of such lien allowed to an unpaid seller by

section 1033 of this title.

6. The measure of damages for breach of warranty is the loss directly and naturally resulting, in the ordinary course of events,

from the breach of warranty.

159
T. 3, § 1050] THE CIVIL CODE

7. In the case of breach of warranty of quality, such loss, in the

absence of special circumstances showing proximate damage of a

greater amount, is the difference between the value of the goods at the time of delivery to the buyer and the value they would have had

if they had answered to the warranty.

1050. Interest and special damages.—Nothing in this chapter

shall affect the right of the buyer or the seller to recover interest or

special damages in any case where by law interest or special damages

may be recoverable, or to recover money paid where the consideration for the payment of it has failed.

1051. Variation of implied obligations.—Where any right, duty, or liability would arise under a contract to sell or a sale by implication

of law, it may be negatived, or varied by express agreement or by

the course of dealing between the parties, or by customs, if the

custom be such as to bind both parties to the contract or the sale. 1052. Rights may be enforced by action.—Where any right, duty, or liability is declared by this chapter, it may, unless otherwise by

this chapter provided, be enforced by action.

1053. Rule for cases not provided for by this chapter.—In any

case not provided for in this chapter, the rules of law and equity,

including the law merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause,

shall continue to apply to contracts to sell and sales of goods.

1054. Provisions not applicable to mortgages.—The provisions of

this chapter relating to contracts to sell and to sales do not appl3\

unless so stated, to any transaction in the form of a contract to

sell or a sale which is intended to operate by way of mortgage,

pledge, charge, or other security.

1055. Definitions.—1. In this chapter, unless the context or subject matter otherwise requires

" Action " includes counterclaim, set-off, and suit in equity. " Buyer " means a person who buys or agrees to buy goods or any

legal successor in interest of such person.

" Defendant " includes a plaintiff against whom a right of set-off or counterclaim is asserted. " Delivery " means voluntary transfer of possession from one per- son to another.

" Divisible contract to sell or sale " means a contract to sell or

a sale in which by its terms the price for a portion or portions

of the goods less than the whole is fixed or ascertainable by

computation.

" Document of title to goods " includes any bill of lading, dock

warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business in the

sale or transfer of goods, as proof of the possession or control of

the goods, or authorizing or purporting to authorize the possessor

of the document to transfer or receive, either by indorsement or by

delivery, goods represented by such document.

" Fault " means wrongful act or default.

160
THE CIVIL CODE [T. 3, § 1057 " Fungible goods " means goods of which any unit is from its nature or by mercantile usage treated as the equivalent of any other

unit. " Future goods " means goods to be manufactured or acquired by

the seller after the making of the contract of sale. " Goods " includes all chattels personal other than things in action

and money. The term includes emblements, industrial growing

crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. " Order " in sections of this chapter relating to documents of title means an order by indorsement on the document.

" Person " includes a corporation or partnership or two or more

persons having a joint or common interest. " Plaintiff " includes defendant asserting a right of set-off or counterclaim.

" Property " means the general property in goods, and not merely

a special property.

" Purchases " includes taking as a mortgagee or as a pledgee.

" Purchaser " includes mortgagee and pledgee.

" Quality of goods " includes their state or condition.

" Sale " includes a bargain and sale as well as a sale and delivery.

" Seller " means a person who sells or agrees to sell goods, or any

legal successor in the interest of such person.

'"' Specific goods " means goods identified and agreed upon at the

time a contract to sell or a sale is made.

2. A thing is done " in good faith " within the meaning of this

chapter when it is in fact done honestly, whether it be done negligently or not.

3. A person is insolvent within the meaning of this chapter who

either has ceased to pay his debts in the ordinary course of business

or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent

within the meaning of the federal bankruptcy law or not.

4. Goods are in a " deliverable state " within the meaning of this

chapter when they are in such a state that the buyer would, under

the contract, be bound to take delivery of them.

1056. Chapter does not apply to existing sales or contracts to

sell.—None of the provisions of this chapter shall apply to any sale, or to any contract to sell, made prior to the taking effect of this

chapter.

1057. No repeal of warehouse laws.—Nothing in this chapter

shall be construed to repeal or limit any of the provisions of sections

1141 to 1193 of this title.

lUi
T. 3. § 1061] THE CIVIL CODE

CHAPTER 35.—CONDITIONAL SALES

Retaking possession. Notice of intention to retake. Redemption.

Compulsui-y resale by seller. Resale at option of parties. Proceeds of resale. Deflcioncy on resale. Rights of parties where there is no

resale. Election of remedies. Recovery of part payments. Waiver of statutory protection. Loss and increase. Rules for cases not provided for.

Sec. Sec. lOGl. Definitions. 1073. 1062. Primary rights of seller. 1074.

1063. Primary rights of buyer. 1075. 1004. Conditional sales valid except as 1076. otherwise provided. 1077. 1065. Conditional sales void as to certain 1078. persons. 1079.

1066. Place of filing. lOSO.

1067. Conditional sale of goods for resale. 106S. Filing. 1081.

lOGJ). Refiling. 1082. 1070. Cancelation of contract. 1083.

1071. Prohibition of removal or sale with- 1084. out notice. 1085.

1072. Fraudulent injury, concealment, re- moval, or sale. Note.—This chapter was derived from the Uniform Conditional Sales Act. Section 1061. Definitions.—In this chapter " conditional sale

means (1) any contract for the sale of goods under which possession

is delivered to the buyer and the property in the goods is to vest in

the buyer at a subsequent time upon the payment of part or all of

the price, or upon the performance of any other condition or the happening of any contingency; or (2) any contract for the bailment or

leasing of goods by which the bailee or lessee contracts to pay as compensation a sum substantially equivalent to the value of the

goods, and by which it is agreed that the bailee or lessee is bound to become, or has the option of becoming the owner of such goods upon

full compliance with the terms of the contract.

" Buyer " means the person who buys or hires the goods covered

by the conditional sale, or any legal successor in interest of such

person.

" Goods " means all chattels personal other than things in action

and money, and includes emblements, industrial growing crops, and

things attached to or forming a part of land wdiich are agreed to be

severed before sale or under the conditional sale. " Performance of the condition " means the occurrence of the event

npon which the property in the goods is to vest in the buyer, whether

such event is the performance of an act by the buyer or the happening of a contingency.

" Person " includes an individual, j)artnership, corporation, and

any other association.

" Purchase " includes mortgage and pledge. " Purchaser " includes mortgagee and pledgee.

" Seller " means the person who sells or leases the goods covered

by the conditional sale, or any legal successor in intei-est of such

person. 1062. Primary rights of seller.—The buyer shall be liable to the

seller for the ])urchase price, or for instalhuents thereof, as the same

shall become due, and for breach of all promises made by him in the

conditional sale contract, whether or not the property in the goods

has passed to the buyer.

1063. Primary rights of buyer.—The buyer shall have the right

when not in default to retain jwssession of the goods, and he shall also have the right to acquire the property in the goods on the

162
THE CIVIL CODE [T. 3, § 1069 performance of the conditions of the contract. The seller shall be

liable to the buyer for the breach of all promises and warranties,

express or implied, made in the conditional sale contract, whether or not the property in the goods has passed to the buyer.

1064. Conditional sales valid except as otherwise provided.—

Every provision in a conditional sale reserving property in the

seller after possession of the goods is delivered to tlie buyer, shall be

valid as to all persons, except as hereinafter otherwise provided.

1065. Conditional sales void as to certain persons.—Every provision in a conditional sale reserving property in the seller shall be

void as to an}^ purchaser from or creditor of the buyer, who, without

notice of such provision, purchases the goods or acquires by attachment or levy a lien upon them, before the contract or a copy thereof

shall be filed as hereinafter provided. This section shall not apply

to conditional sales of goods for resale. 1066. Place of filing.—The conditional sale contract or a copy

thereof shall be filed in the office of the registrar of property of the

Canal Zone.

Cross-Refebencb

Clerk of district court as ex-offlcio registrar of property, see title 4, section

967.1067. Conditional sale of goods for resale.—Wlien goods are delivered under a conditional sale contract and the seller expressly or impliedly consents that the buyer may resell them prior to performance of the condition, the same shall be valid whether filed or not

except that the reservation of property shall be void against purchasers from the buyer in good faith for value and without actual

knowledge of the condition of such contract. 1068. Filing.—The registrar of property shall mark upon contract

or copy filed with him the day and hour of filing and shall file the contract or copy in his office for public inspection. He shall keep a separate book in which he shall enter the names of the seller and

buyer, the date of the contract, the day and hour of filing, a brief

description of the goods, the price named in the contract, and the

date of cancellation thereof. Such book shall be indexed under the names of both seller and buyer. For filing and entering such contract or copy, or any assignment of such a contract, the registrar

shall be entitled to a fee of 50 cents. 1069. Refiling.—The filing of conditional sale contracts provided

for in sections 1065 and 10G6 of this title shall be valid for a period

of three years only. The validity of the filing may in each case be

extended for successive additional periods of one year from the date

of refiling by filing a copy of the original contract within thirty

days next preceding the expiration of each period, with a statement

attached signed by the seller, showing that the contract is in force

and the amount remaining to be paid thereon. Such copy, with

statement attached, shall be filed and entered in the same manner as a contract or copy filed and entered for the first time, and the

registrar of property shall be entitled to a like fee as upon the

original filing. 163
T. 3, § 1070] THE CIVIL CODE

1070. Cancelation of contract.—After the performance of the

condition, upon written demand delivered personally or by registered mail by the buyer or any other person having an interest

in the goods, the seller shall execute, acknowledge, and deliver to the demandant a statement that the condition in the contract has

been performed. If for ten days after such demand the seller fails to mail or deliver such a statement of satisfaction, he shall forfeit to the demandant $5 and be liable for all damages suffered. Upon

presentation of such statement of satisfaction the registrar of property shall file the same and note the cancellation of tlie contract and

the date thereof on the margin of the page where the contract has

been entered. For filing and entering the statement of satisfaction

the filing officer shall be entitled to a fee of 25 cents. 1071. Prohibition of removal or sale without notice.—Unless the

contract otherwise provides, the buyer may, without the consent of

the seller, remove the goods from the Canal Zone and sell, mortgage,

or otherwise dispose of his interest in them; but prior to the performance of the condition, no such buyer shall remove the goods

from the Canal Zone, except for temporary uses for a period of

not more than thirty days, unless the buyer not less than thirty

days before such removal shall give the seller personally or by registered mail written notice of the place to which the goods are to be removed and the approximate time of such intended removal; nor prior to the performance of the conditions shall the buyer sell, mortgage, or otherwise dispose of his interest in the goods, unless

he, or the person to whom he is about to sell, mortgage, or otherwise

dispose of the same, shall notify the seller in writing personally or by registered mail of the name and address of the person to whom

his interest in the goods is about to be sold, mortgaged, or otherwise

transferred, not less than ten days before such sale, mortgage, or other disposal. If any buyer does so remove the goods, or does so

sell, mortgage, or otherwise dispose of his interest in them without

such notice or in violation of the contract, the seller may retake

possession of the goods and deal with them as in case of default in

payment of part or all of the purchase price.

1072. Fraudulent injury, concealment, removal, or sale.—When,

prior to the performance of the condition, the buyer maliciously

or with intent to defraud, shall injure, destroy, or conceal the goods, or remove them from the Canal Zone, without having given the

notice required by the next preceding section, or shall sell, mortgage,

or otherwise dispose of such goods under claim of full ownership, he

shall be ^lilty of a crime and upon conviction thereof shall be imprisoned in jail for not more than one year or be fined not more than

$500 or both.

1073. Retaking possession.—Wlien the buyer shall be in default

in the payment of any sum due under the contract, or in the performance of any other condition which the contract requires him

to perform in order to obtain the property in the goods, or in

the performance of any promise, the breach of which is by the contract expressly made a ground for the retaking of the goods, the

seller may retake possession thereof. Unless the goods can be retaken

164
THE CIVIL CODE [T. 3, § 1076 without breach of the peace, they shall be retaken by legal process;

but nothing herein shall be construed to authorize a violation of

the criminal law.

1074. Notice of intention to retake.—Not more than forty nor

less than twenty days prior to the retaking, the seller, if he so

desires, may serve upon the buyer personally or by registered mail

a notice of intention to retake the goods on account of the buyer's

default. The notice shall state the default and the period at the

end of which the goods will be retaken, and shall briefly and clearly

state what the buyer's rights under this chapter will be in case they

are retaken. If the notice is so served and the buyer does not per- form the obligations in which he has made default before the day

set for retaking, the seller may retake the goods and hold them

subject to the provisions of sections 1076 to 1080 of this title regarding resale, but without any right of redemption.

1075. Redemption.—If the seller does not give the notice of intention to retake described in the next preceding section, he shall retain

the goods for ten days after the retaking within the Canal Zone,

during which period the buyer, upon payment or tender of the

amount due under the contract at the time of retaking and interest, or upon performance or tender of performance of such other condition as may be named in the contract as precedent to the passage

of the property in the goods, or upon performance or tender of

l^erformance of any other promise for the breach of which the goods were retaken, and upon payment of the expenses of retaking, keeping, and storage, may redeem the goods and become entitled to take

possession of them and to continue in the performance of the contract as if no default had occurred. Upon written demand delivered

personally or by registered mail by the buyer, the seller shall furnish

to the buyer a written statement of the sum due under the contract and the expense of retaking, keeping, and storage. For failure to furnish such statement within a reasonable time after demand, the

seller shall forfeit to the buyer $10 and also be liable to him for all damages suffered because of such failure. If the goods are perishable so that retention for ten days as herein prescribed would result

in their destruction or substantial injury, the provisions of this

section shall not apply, and the seller may resell the goods

immediately upon their retaking.

1076. Compulsory resale by seller.—If the buyer does not redeem

the goods within ten days after the seller has retaken possession, and

the buyer has paid at least 50 per centum of the purchase price at the time of the retaking the seller shall sell them at public auction

in the Canal Zone, such sale to be held not more than thirty days

after the retaking. The seller shall give to the buyer not less than

ten days' written notice of the sale, either personally or by registered mail, directed to the buyer at his last known place of business

or residence. The seller shall also give notice of the sale by at least three notices posted in different public places within the Zone, at

least five days before the sale. If at the time of the retaking $500

or more has been paid on the purchase price, the seller shall also

give notice of the stale at least five days before the sale by publi165
T. 3, § 1077] THE CIVIL CODE

cation in a newsj^aper having a general circulation within the Canal

Zone. The seller may bid for the goods at the resale. 1077. Resale at option of parties.—^If the buyer has not paid at

least 50 per centum of the purchase price at the time of the retaking,

the seller shall not be under a duty to resell the goods as prescribed

in the next preceding section, unless the buyer serves upon the seller,

within ten days after the retaking, a written notice demanding a

resale, delivered personally or by registered mail. If such notice

is served, the resale shall take place within thirty days after the

service, in the manner, at the place, and upon the notice prescribed

in the next preceding section. The seller may voluntarily resell the

goods for account of the buyer on compliance with the same

requirements.

1078. Proceeds of resale.—The proceeds of the resale shall be applied (1) to the payment of the expenses thereof, (2) to the payment

of the expenses of retaking, keeping, and storing the goods, (3) to the satisfaction of the balance due under the contract. Any sum re- maining after the satisfaction of such claims shall be paid to the

buyer.

1079. Deficiency on resale.—If the proceeds of the resale are not

sufficient to defray the expenses thereof, and also the expenses of re- taking, keeping, and storing the goods and the balance due upon the

purchase price, the seller may recover the deficiency from the buyer,

or from any one who has succeeded to the obligations of the buyer.

1080. Rights of parties where there is no resale.—Where there is no resale the seller may retain the goods as his own property without

obligation to account to the buyer except as provided in section 1082

of this title, and the buyer shall be discharged of all obligation.

1081. Election of remedies.—After the retaking of possession as provided in section 1073 of this title the buyer shall be liable for the

price only after a resale and only to the extent provided in section

1079 of this title. Neither the bringing of an action by the seller for the recovery of the whole or any part of the price, nor the re- covery of judgment in such action, nor the collection of a portion of

the price, shall be deemed inconsistent with a later retaking of the

goods as provided in section 1073. But such right of retaking shall not be exercised by the seller after he has collected the entire price or after he has claimed a lien upon the goods, or attached them, or

levied upon them as the goods of the buyer.

1082. Recovery of part payments.—If the seller fails to comply

with the provisions of sections 1075 to 1078 and 1080 of this title, after retaking the goods, the buyer may recover from the seller his

actual damages, if any, and in no event less than one fourth of the

sum of ail payments which have been made under the contract, with

interest. 1083. Waiver of statutory protection.—No act or agreement of

the buyer before or at the time of the making of the contract, nor any agreement or statement by tlic buyer in such contract, shall

constitute a valid waiver of the provisions of sections 1075 to 1078

166
THE CIVIL CODE [T. 3, § 1092 and 1082 of this title ; except that the contract may stipulate that on

such default of the buyer as is provided for in section 1073 of this

title, the seller may rescind the conditional sale, either as to all the

goods or as to any part thereof for which a specific price was fixed

in the contract. If the contract thus provides for rescission, the

seller at his option may retake such goods without complying with

or being bound by the provisions of section 1074 to 1082 of this title, as to the goods retaken, upon crediting the buyer with the full purchase price of those goods. So much of this credit as is necessary

to cancel any indebtedness of the buyer to the seller shall be so applied, and the seller shall repay to the buyer on demand any surplus

not so required.

1084. Loss and increase.—After the delivery of the goods to the

buyer and prior to the retaking of them by the seller, the risk of

injury and loss shall rest upon the buyer. The increase of the goods

shall be subject to the same conditions as the original goods.

1085. Rules for cases not provided for.—In any case not provided

for in this chapter the rules of law and equity, including the law

merchant, and in particular those relating to principal and agent

and to the effect of fraud, misrepresentation, duress or coercion,

mistake, or other invalidating cause, shall continue to apply to conditional sales.CHAPTER 36.—DEPOSIT IN GENERAL

Art. Sec. I Art. Sec.

1. Nature and creation of deposit — 109 i I 2. Obligations of tlie depositary 1101 ARTICLE 1.—NATURE AND CREATION OF DEPOSIT

Sec. 1091. Deposit, kinds of. 1092. Voluntary deposit, how made.

1093. Involuntary deposit, how made.

Sec. 1094. Duty of involuntary depositary.

1U95. Deposit for keeping, what.

1096. Deposit for exchange, what. Section 1091. Deposit, kinds of.—A deposit may be voluntary or involuntary ; and for safe-keeping or for exchange.

Cross-Refebences

Common cari-iers, see sections 1391 et seq., of this title. Deposit for exchange, see section 1096 of this title. Deposit foi- hire, see sections 1131 et seq., of this title. Deposit for keeping, see sections 1111 et seq., of this title. Gratuitous deposit, and incidents, see sections 1121 et seq., of this title. Hiring, see sections 1271 et seq., of this title. Innkeepers, see sections 1201 and 1202 of this title. Loan for exchange, see section 1251 of this title. Loan for use, see sections 1231 et seq.. of this title. Loan of money, see section 1261 of this title. Pledge, see sections 2281 et seq., of this title. 1092. Voluntary deposit, how made.—A voluntary deposit is made

by one giving to another, with his consent, the possession of personal

property to keep for the benefit of the former, or of a third party.

The person giving is called the depositor, and the person receiving

the depositary.

Ceoss-References

Finder of lost articles, see sections 1211 et seq., of this title. Obligations of depositary, see sections 1101 et seq., of this title. 167
T. 3, § 1093] THE CIVIL CODE

1093. Involuntary deposit, how made.—An involuntary deposit

is made

1. By the accidental leaving or placing of personal property in

the possession of any person, without negligence on the part of its owner; or

2. In cases of fire, shipwreck, inundation, insurrection, riot, or like

extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of any person.

CKOSS-REaiSENCES

Degree of care requisite, see section 1123 of this title. Duties of depositary, when cease, see section 1124 of this title. Involuntary deposit in cases of emergency must be accepted, see section 1094

of this title. Involuntary deposit is gratuitous, see section 1122 of this title. 1094. Duty of involuntary depositary.—The person with whom a thing is deposited in the manner described in the next preceding

section is bound to take charge of it, if able to do so. 1095. Deposit for keeping, what.—A deposit for keeping is one

in which the depositary is bound to return the identical thing

deposited.

CBOSS-REFEEtENCB Deposit for keeping, see sections 1111 et seq., of this title. 1096. Deposit for exchange, what.—A deposit for exchange is one in which the depositary is only bound to return a thing corre- sponding in kind to that which is deposited.

Ceoss-Refebences

Deposit for exchange transfers title, see section 1221 of this title. Loan for exchange, see sections 1251 et seq., of this title. ARTICLE 2.—OBLIGATIONS OF THE DEPOSITARY

Sec. 1101. Depositary must deliver on demand.

1102. No obligation to deliver without demand.

110.3. Place of delivery. 1104. Notice to owner of adverse claim.

Sec. 1105. Notice to owner of tbing wrongfully

detained.

1106. Delivery of thing owned jointly, etc. 1107. Joint deposits by more than one

person. 1101. Depositary must deliver on demand.—A depositary must

deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not,

unless he has a lien upon the thing deposited, or has been forbidden

or prevented from doing so by the real owner thereof, or by the act of the law, and has given the notice required by section 1104 of this

title. Cboss-References Care required of depositary, see section 1132 of this title. Delivery, see sections 1102 and 1106 of this title. For a general lien on personality dependent upon possession, see section 2311

of this title. Lien of innkeepers, see section 1201 of this title. Notice of adverse proceedings, see section 1104 of this title.

168
THE CIVIL CODE [T. 3, § 1111

1102. No obligation to deliver without demand.—A depositary is not bound to deliver a thing deposited without demand, even where

the deposit is made for a specified time,

1103. Place of delivery.—A depositary must deliver the thing

deposited at his residence or place of business, as may be most con- venient for him.

Ceoss-Refekence

Delivery on sales, see sections 1021 et seq., of this title. 1104. Notice to owner of adverse claim.—A depositary must give

prompt notice to the person for whose benefit the deposit was made,

of any proceedings taken adversely to his interest in the thing deposited, which may tend to excuse the depositary from delivering

the thing to him.

1105. Notice to owner of thing wrongfully detained.—A depositary who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit ; and

if within a reasonable time afterwards he does not claim it, and

sufficiently establish his right thereto, and indemnify the depositary

against the claim of the depositor, the depositary is exonerated from

liability to the person to whom he gave the notice, upon returning

the thing to the depositor, or assuming, in good faith, a new obligation changing his position in respect to the thing, to his prejudice.

1106. Delivery of thing owned jointly, etc.—If a thing deposited

is owned jointly or in common by persons who cannot agree upon

the manner of its delivery, the depositary may deliver to each his

proper share thereof, if it can be done without injury to the thing.

1107. Joint deposits by more than one person.—When a deposit

is made in the name of two or more persons, deliverable or payable

to either or to their survivor or survivors, such deposit or any part

thereof, or increase thereof, may be delivered or paid to either of

said persons or to the survivor or survivors in due course of business.

CEOSS-REa'EIRBNCE Performance to one of joint creditors, see section 723 of this title. CHAPTER 37.—DEPOSIT FOR KEEPING

Art. Sec.

1. General provisions 1111

2. Gratuitous deposit 1121

3. storage 1131

Art. Sec.

4. Wareliousemen 1141

5. Innkeepers 1201

6. Finding 1211 ARTICLE 1.—GENERAL PROVISIONS

Sec. 1115. Sale of thing in danger of perishing. 1116. Injury to or loss of thing deposited. 1117. Service rendered by depositary. 1118. Liability of depositary.Sec. 1111. Depositor must idemnify depositary.

1112. Obligation of depositary of animals.

1113. Obligations as to use of thing

deposited. 1114. Liability for damage arising from

wrongful use. Section 1111. Depositor must indemnify depositary.—A depositor must indemnify the depositary

1. For all damage caused to him by the defects or vices of the

thing deposited; and

93083—34 12 1^9
T. 3, § 1112] THE CIVIL CODE

2. For all expenses necessarily incurred by him about the thing,

other than such as are involved in the nature of the undertaking.

Cross-Refekence

Lender's liability for defects in articles borrowed, see section 1240 of tliis title. 1112. Obligation of depositary of animals.—A depositary of liv- ing animals must provide them with suitable food and shelter, and

treat them kindly.

Cross-Refereince Lien of keepers of livestock, see section 2311 of tbis title. 1113. Obligations as to use of thing deposited.—A depositary

may not use the thing deposited, or permit it to be used, for any

purpose, without the consent of the depositor. He may not, if it is purposely fastened by the depositor, open it without the consent of

the latter, except in case of necessity.

Cross-Refeeences

Hiring; definition of term, see sections 1271 et seq., of tbis title. Liability for wrongful use, see section 1114 of tbis title. 1114. Liability for damage arising from wrongful use.—A depositary is liable for any damage happening to the thing deposited,

during his wrongful use thereof, unless such damage must inevitably

have happened though the property had not been thus used.

1115. Sale of thing in danger of perishing.—If a thing deposited

is in actual danger of perishing before instructions can be obtained

from the depositor, the depositary may sell it for the best price

obtainable and retain the proceeds as a deposit, giving immediate

notice of his proceedings to the depositor.

Ceoss-Re:feeence

Sale of perisbables, see section 1137 of tbis title. 1116. Injury to or loss of thing deposited.—If a thing is lost or

injured during its deposit, and the depositary refuses to inform the

depositor of the circumstances under wdiich the loss or injury

occurred, so far as he has information concerning them, or willfully

misrepresents the circumstances to him, the depositary is presumed

to have willfully, or by gross negligence, permitted the loss or injury

to occur. 1117. Service rendered by depositary.—So far as any service is rendered by a depositary, or required from him, his duties and liabili- ties are prescribed by chapters 41 to 43 of this title on employment

and service.

1118. Liability of depositary.—The liability of a depositary for

negligence cannot exceed the amoimt which he is informed by the

depositor, or has reason to suppose, the thing deposited to be worth.

170
THE CIVIL CODE [T. 3, §1132

ARTICLE 2.—GRATUITOUS DEPOSIT

Sec. 1121. Gratuitous deposit, what.

1122. Nature of involuntary deposit.

Spc.

112;5. Degrpe of care required of gratuitous

depositary.

1124. Ilis duties cease, when. 1121. Gratuitous deposit, what.—Grjituitous deposit is a deposit

for which tlie depositary receives no consideration beyond the mere

possession of the thing deposited.

Cross-Reference

Degree of care necessary, see section 1123 of this title. 1122. Nature of involuntary deposit.—An involuntary deposit is gratuitous, the depositary being entitled to no reward.

Cross-Reference

Involuntary deposit, defined, see section 1093 of this title. 1123. Degree of care required of gratuitous depositary.—A gratuitous depositary must use at least slight care for the preservation

of the thing deposited.

1124. His duties cease, when.—The duties of a gratuitous depositary cease

1. Upon his restoring the thing deposited to its owner; or

2. Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reasonable time. But an

involuntary depositary, under subdivision 2 of section 1093 of this

title, cannot give such notice until the emergency which gave rise to the deposit is past.

ARTICLE 3.—STORAGE

Sec. 1131. Deposit for hire.

11.32. Degree of care required of depositary

for hire. 1133. Rate of compensation for fraction of week, etc.

Sec. 1134. Termination of deposit.

113.5. Same.

llo6. Lien for storage charges, advances,

insurance, and expenses. 1137. Storage property to be sold. 1131. Deposit for hire.—A deposit not gratuitous is called storage.

The depositary in such case is called a depositary for hire. Cross-Refeeences

Hiring, in general, see section 1271 of this title. Warehousemen, see sections 1141 et seq., of this title. 1132. Degree of care required of depositary for hire.—A depositary for hire must use at least ordinary care for the preservation of

the thing deposited.

Cross-References Care required of a hirer, see section 1:74 of this title. Common carriers, see sections 1411, 1431 and 1491 of this title. Liability of warehousemen, see sections 1435 and 1436 of this title.

171
T. 3, § 1133] THE CIVIL CODE

1133. Rate of compensation for fraction of week, etc.—In the

absence of a different agreement or usage, a depositary for hire is entitled to one week's hire for the sustenance and shelter of living

animals during any fraction of a week, and to half a month's hire

for the storage of any other property during any fraction of a halfmonth.

1134. Termination of deposit.—In the absence of an agreement as

to the length of time during which a deposit is to continue, it may

be terminated by the depositor at any time, and by the depositary

upon reasonable notice.

1135. Same.—Notwithstanding an agreement respecting the length

of time during which a deposit is to continue, it may be terminated

by the depositor on paying all that would become due to the depositary in case of the deposit so continuing.

1136. Lien for storage charges, advances, insurance, and ex- penses.—A depositary for hire has a lien for storage charges and for

advances and insurance incurred at the request of the depositor,

and for money necessarily expended in and about the care, preservation, and keeping of the property stored, and he also has a lien

for money advanced at the request of the depositor, to discharge a prior lien, and for the expenses of a sale where default has been made

in satisfying a valid lien. The rights of the depositary for hire to such lien are regulated by chapters 62 et seq., of this title, on liens

Provided^ however^ That such lien may be enforced in the manner

provided by sections 1169, 1171 and 1172 of this title, relating to warehousemen.

1137. Storage property to be sold.—If from any cause other than

want of ordinary care and diligence on his part, a depositary for

hire is unable to deliver perishable property, baggage, or luggage

received by him for storage, or to collect his charges for storage

due thereon, he may cause such property to be sold to satisfy his lien

for storage in accordance with the provisions of sections 1169 to 1172

of this title relating to warehousemen.

Cboss-References

Sale by pledgee, see sections 2295 et seq., of this title. Sale extinguishes lien, see section 2222 of this title. Sale of perishables, see section 1115 of this title. Sale of personalty to enforce, see section 2313 of this title. Warehousemen, see sections 1141 et seq., of this title.

ITS
THE CIVIL CODE [T. 3, § 1142 ARTICLE 4.~WAREH0USBMEN

Sec. 1141.

1142. 1143.

1144. 1145.

1146.

1147.

1148. 1149.

11."lO. 1J51. 1152.

1153.

1154. 1155.

1156.

1157.

1158.

1159. 1160.

1161.

1162.

1163.

1164.

1165.

1166.

Persons who may issue receipts. Form of receipts. Negotiable and nonnegotiable receipts. Duplicate receipts must be so marked.

' not negotiable." warehouseman to warehouseman In

liability for misFailure to mark

Obligation of

deliver.

Ju.stiflcation of

delivering. Warehouseman's

delivery. Negutiable receipts must be canceled

or marked when goods or part

thereof are delivered. Altered receipts. Lost or dostioyed receipts. Effect of duplicate receipts. Warehouseman cannot set up title in himself. Interpleader of adverse claimants. Warehouseman has reasonable time

to determine validity of claims. Adverse title is no defense except as above provided.

Liability for nonexistence or misdescription of goods.

Liability for care of goods. Goods must be kept separate. Commingled goods and warehouse- man's liability therefor. Attachment or levy upon goods for which a negotiable receipt has been

issued. Creditors' remedies to reach negoti- able receipts. What claims are included in the warehouseman's lien. Against what property the lien may

be enforced. How the lien may be lost. Negotiable receipt must state charges

for which lien is claimed.

Sec. 1167. Warehouseman need not deliver until

lien is satisfied. 1168. Warehouseman's lien does not pre- clude other remedies.

1169. Satisfaction of lien by sale. 1170. Perishable and hazardous goods.

1171. Other methods of enforcing liens. 1172. Effect of sale. 1173. Negotiation of negotiable receipts hy

delivery and by indorsement.

1174. Transfer of receipts. 1175. Who may negotiate a receipt. 1176. Rights of person to whom a receipt has been negotiated.

1177. Rights of person to whom a receipt has been transferred. 1178. Transfer of negotiable receipt with- out endorsement.

1179. Warranties on sale of receipt. 1180. Indorser not a guarantor.

1181. No warranty implied from accepting

payment of a debt. 1182. When negotiation not impaired by

fraud, mistake, or duress. 1183. Subsequent negotiation. 1184. Negotiation defeats vendor's lien. 1185. Issue of receipt for goods not

received. 1186. Issue of receipt containing false statement.

1187. Issue of duplicate receipts not so marked.

1188. Issue for warehouseman's goods of

receipts which do not state that

fact. 1189. Delivery of goods without obtaining

negotiable receipt. 1190. Negotiation of receipt for mortgaged

goods.

1191. When rules of common law still applicable. 1192. Definitions. 1193. Application to existing receipts. Ckoss-Reference

Nothing in the chapter on sales of goods is to be construed to repeal or limit

this article, see section 1057 of this title. 1141. Persons who may issue receipts.—Warehouse receipts may

be issued by any warehouseman.

1142. Form of receipts.—Warehouse receipts need not be in any

particular form, but every such receipt must embody within its written or printed terms

(a) The location of the warehouse where the goods are stored;

(b) The date of issue of the receipt

(c) The consecutive number of the receipt;

(d) A statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified person or his order

(e) The rate of storage charges

(f) A description of the goods or of the packages containing

them

(g) The signature of the warehouseman, which may be made by

his authorized agent

(h) If the receipt is issued for goods of which the warehouseman

is owner, either solely or jointly or in common with others, the fact

of such ownership ; and

173
T. 3, § 1143] THE CIVIL CODE

(i) A statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien. If the precise

amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouseman

or to his agent who issues it, a statement of the fact that advances

have been made or liabilities incurred and tlie purpose thereof is sufficient. A warehouseman shall be liable to any person injured thereby,

for all damage caused by the omission from a negotiable receipt of

any of the foregoing terms. A warehouseman may insert in a receipt, issued by him, any other

terms and conditions, provided that such terms and conditions shall

not

(a) Be contrary to the provisions of this article. (b) In anywise impair his obligation to exercise that decree of

care in the safe-keeping of the goods intrusted to him which a reason- ably careful man would exercise in regard to similar goods of his own.

1143. Negotiable and nonnegotiable receipts.—A receipt in which

it is stated that the goods received will be delivered to the depositor, or to any other specified person, is a nonnegotiable receipt. A re- ceipt in which it is stated that the goods received will be delivered to the bearer or to the order of any person named in such receipt is a

negotiable receipt. No provision shall be inserted in a negotiable

receipt that it is nonnegotiable. Such provision, if inserted, shall

be void.

1144. Duplicate receipts must be so marked.—When more than

one negotiable receipt is issued for the same goods, the word " duplicate " shall be plainly placed upon the face of every such receipt

except the one hrst issued. A warehouseman shall be liable for all damage caused by his failure so to do to any one who purchased the

subsequent receipt for value supposing it to be an original, even though the purchase be after the deliveiy of the goods by the ware- houseman to the holder of the original receipt.

1145. Failure to mark "not negotiable."—A nonnegotiable re- ceipt shall have plainl}'' placed upon its face by the warehouseman

issuing it " nonnegotiable " or " not negotiable." In case of the

warehouseman's failure so to do, a holder of the receipt who purchased it for value supposing it to be negotiable ma}'-, at his option,

treat such receipt as imposing upon the warehouseman the same

liabilities he would have incurred had the receipt been negotiable.

This section shall not apply, however, to letters, memoranda, or written acknowledgments of an informal character.

1146. Obligation of warehouseman to deliver.—A warehouseman,

in the absence of some lawful excuse provided by this article, is bound to deliver the goods upon a demand made either by the holder

of a receipt for the goods or by the depositor, if such demand is accompanied with

(a) An offer to satisfy the warehouseman's lien;

174
THE CIVIL CODE [T. 3, § 1149

(b) An offer to surrender the receipt if negotiable, with such in- dorsement as would be necessary for the negotiation of the receipt;

and

(c) A readiness and willingness to sign, when the goods are

delivered, and acknowledgment that they have been delivered, if such

signature is requested by the warehouseman.

In case the warehouseman refuses or fails to deliver the goods in

compliance with a demand by the holder or depositor so accompanied, the burden shall be upon the warehouseman to establish the

existence of a lawful excuse for such refusal. 1147. Justification of warehouseman in delivering.—A ware- houseman is justified in delivering the goods, subject to the provisions of sections 1148 to 1150 of this title, to one who is

(a) The person lawfully entitled to the possession of the goods,

or his agent

(b) A person who is either himself entitled to delivery by the

terms of a nonnegotiable receipt issued for the goods, or who has

written authority from the person so entitled either indorsed upon

the receipt or written upon another paper; or

(c) A person in possession of a negotiable receipt by the terms

of which the goods are deliverable to him or order or to bearer, or which has been indorsed to him or in blank by the person to whom

delivery was promised by the terms of the receipt or by his mediate

or immediate indorsee.

1148. Warehouseman's liability for misdelivery.—Where a ware- houseman delivers the goods to one who is not in fact lawfully

entitled to the possession of them, the warehouseman shall be liable as for conversion to all having a right of property or possession in

the goods if he delivered the goods otherwise than as authorized

by subdivisions (b) and (c) of the next preceding section and though

he delivered the goods as authorized by said subdivisions he shall

be so liable, if prior to such delivery he had either

(a) Been requested, by or on behalf of the person lawfully entitled

to a right of property or possession in the goods, not to make such

delivery; or

(b) Had information that the delivery about to be made was to one not lawfully entitled to the possession of the goods.

1149. Negotiable receipts must be canceled or marked when

goods or part thereof are delivered.—Except as provided in section

1172 of this title, w4iere a warehouseman delivers goods for which he

had issued a negotiable receipt, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and

cancel the receipt, he shall be liable to anyone who purchases for

value in good faith such receipt, for failure to deliver the goods to him, whether such purchaser acquired title to the receipt before or

after the delivery of the goods by the warehouseman.

Except as provided in said section 1172, where a warehouseman

delivers part of the goods for which he had issued a negotiable

receipt and fails either to take up and cancel such receipt, or to place plainly upon it a statement of what goods or packages have

175
T. 3, § 1150] TBE CIVIL CODE

been delivered he shall be liable, to anyone who purchases for value

in good faith such receipt, for failure to deliver all the goods specified in the receipt, whether such purchaser acquired title to the receipt

before or after the delivery of any portion of the goods by the

warehouseman.

1150. Altered receipts.—The alteration of a receipt shall not

excuse the warehouseman who issued it from any liability if such

alteration was

(a) Immaterial;

^b) Authorized; or

(c) Made without fraudulent intent.

If the alteration was authorized, the warehouseman shall be liable

according to the terms of the receipt as altered. If the alteration was unauthorized, but made without fraudulent intent, the ware- houseman shall be liable acording to the terms of the receipt, as they were before alteration. Material and fraudulent alteration

of a receipt shall not excuse the warehouseman who issued it from

liability to deliver, according to the terms of the receipt as originally

issued, the goods for which it was issued, but shall excuse him from

any other liability to the person who made the alteration and to any person who took with notice of the alteration. Any purchaser

of the receipt for value without notice of the alteration shall acquire

the same rights against the warehouseman which such purchaser

would have acquired if the receipt had not been altered at the time

of the purchase.

1151. Lost or destroyed receipts.—^Where a negotiable receipt has

been lost or destroyed, a court of competent jurisdiction may order

the delivery of the goods upon satisfactory proof of such loss or

destruction and upon the giving of a bond with sufficient sureties to be approved by the court to protect the warehouseman from any

liability or expense, which he or any person injured by such delivery

may incur by reason of the original receipt remaining outstanding.

The court may also in its discretion order the payment of the ware- houseman's reasonable costs and counsel fees. The delivery of the

goods under an order of the court as provided in this section shall

not relieve the warehouseman from liability to a person to whom

the negotiable receipt has been or shall be negotiated for value

without notice of the proceedings or of the delivery of the goods.

1152. Effect of duplicate receipts.—A receipt upon the face of

which the word " duplicate ' is plainly placed is a representation and

warranty by the warehouseman that such receipt is an accurate copy

of an original receipt properly issued and uncanceled at the date of

the issue of the duplicate, but shall impose upon him no other

liability.

1153. Warehouseman cannot set up title in himself.—No title or right to the possession of the goods, on the part of the warehouseman, unless such title or right is derived directly or indirectly from

a transfer made by the depositor at the time of or subsequent to the

deposit for storage, or from the warehouseman's lien, shall excuse

176
THE CIVIL CODE [T. 3, § 1159

the warehouseman from liability for refusing to deliver the goods

according to the terms of the receipt.

1154. Interpleader of adverse claimants.—If more than one per- son claim the title or possession of the goods, the warehouseman

may, either as a defense to an action brought against him for nondelivery of the goods, or as an original suit, whichever is appropriate,

require all known claimants to interplead.

1155. Warehouseman has reasonable time to determine validity

of claims.—If someone other than the depositor or person claiming

under him has a claim to the title or possession of the goods, and

the warehouseman has information of such claim, the warehouseman

shall be excused from liability for refusing to deliver the goods,

either to the depositor or person claiming under him or to the adverse claimant, until the warehouseman has had a reasonable time

to ascertain the validity of the adverse claim or to bring legal

proceedings to compel all claimants to interplead.

1156. Adverse title is no defense except as above provided.-—

Except as provided in sections 1154 and 1155 of this title and in

sections 1147 and 1172 of this title, no right or title of a third person

shall be a defense to an action brought by the depositor or person

claiming under him against the warehouseman for failure to deliver

the goods according to the terms of the receipt.

1157. Liability for nonexistence or misdescription of goods.—A

warehouseman shall be liable to the holder of a receipt, issued by

him or on his behalf by an agent or employee the scope of whose

actual or apparent authority includes the issuing of warehouse re- ceipts, for clamages caused by the nonexistence of the goods or by the

failure of the goods to correspond with the description thereof in

the receipt at the time of its issue. If, however, the goods are described in a receipt merely by a statement of marks or labels upon

them, or upon packages containing them, or by a statement that the

goods are said to be goods of a certain kind, or that the packages

containing the goods are said to contain goods of a certain kind, or by words of like purport, such statements, if true, shall not make

liable the warehouseman issuing the receipt, although the goods are not of the kind which the marks or labels upon them indicate, or of

the kind they were said to be by the depositor.

1158. Liability for care of goods.—A warehouseman shall be liable

for any loss or injury to the goods caused by his failure to exercise

such care in regard to them as a reasonably careful owner of similar

goods would exercise, but he shall not be liable, in the absence of an

agreement to the contrary, for any loss or injury to the goods which

could not have been avoided by the exercise of such care. 1159. Goods must be kept separate.—Except as provided in the

section next following, a warehouseman shall keep the goods so far

separate from goods of other depositors, and from other goods of

the same depositor for which a separate receipt has been issued, as

to permit at all times the identification and redelivery of the goods

deposited

177
T. 3, § 1160] THE CIVIL CODE

1160. Commingled goods and warehouseman's liability therefor.—If authorized by agreement or by custom, a warehouseman may

mingle fungible goods with other goods of the same kind and grade.

In such case the various depositors of the mingled goods shall own

the entire mass in common, and each depositor shall be entitled to such portion thereof as the amount deposited by him bears to the

whole.

The warehouseman shall be severally liable to each depositor for

the care and redelivery of his share of such mass to the same extent and under the same circumstances as if the goods had been kept

separate.

1161. Attachment or levy upon goods for which a negotiable re- ceipt has been issued.—If goods are delivered to a warehouseman

by the owner or by a person whose act in conveying the title to them

to a purchaser in good faith for value would bind the owner, and a negotiable receipt is issued for them, they cannot thereafter, while

in the possession of the warehouseman, be attached by garnishment

or otherwise, or be levied upon under an execution, unless the receipt

be first surrendered to the warehouseman, or its negotiation enjoined.

The warehouseman shall in no case be compelled to deliver up the

actual possession of the goods until the receipt is surrendered to him or impounded by the court. 1162. Creditors' remedies to reach negotiable receipts.—A creditor whose debtor is the owner of a negotiable receipt shall be entitled to such aid from courts of appropriate jurisdiction, by injunction and otherwise, in attaching such receipt or in satisfying the

claim by means thereof as is allowed at law or in equity, in regard to property which cannot readily be attached or levied upon by ordinary

legal process. 1163. What claims are included in the warehouseman's lien.—

Subject to the provisions of section IIGG of this title, a warehouseman shall have a lien on goods deposited or on the proceeds thereof

in his hands, for all lawful charges for storage and preservation of

the goods; also for all lawful claims for money advanced, interest,

insurance, transportation, labor, weighing, coopering and other

charges and expenses in relation to such goods; also for all reasonable charges and expenses for notice, and advertisements of sale,

and for sale of the goods where default has been made in satisfying

the warehouseman's lien. 1164. Against what property the lien may be enforced.—Subject

to the provisions of section llGG of this title, a warehouseman's lien

may be enforced

(a) Against all goods, whenever deposited, belonging to the per- son who is liable as debtor for the claims in regard to which the

lien is asserted; and

(b) Against all goods belonging to others which have been deposited at any time by the person who is liable as debtor for the

clamis in regard to which the lien is asserted, if such person had

been so intrusted with the possession of the goods that a pledge

of the same by him at the time of the deposit to one who took the

goods in good faith for value would have been valid.

178
THE CIVIL CODE [T. 3, § 11G9

1165. How the lien may be lost.—A warehouseman loses his lien upon goods

(a) By surrendering possession thereof; or

(b) By refusing to deliver the goods when a demand is made

with which he is bound to comply under the provisions of this

article. 1166. Negotiable receipt must state charges for which lien is claimed.—If a negotiable receipt is issued for goods, the warehouseman shall have no lien thereon, except for charges for storage of

those goods subsequent to the date of the receipt, unless the receipt

expressly enumerates other charges for which a lien is claimed. In

such case there shall be a lien for the charges enumerated so far

as they are w'ithin tha terms of section 1163 of this title, although

the amount of the charges so enumerated is not stated in the receipt.

1167. Warehouseman need not deliver until lien is satisfied.—

warehouseman having a lien valid against the person demanding the

goods may refuse to deliver the goods to him until the lien is satisfied. 1168. Warehouseman's Men does not preclude other remedies.—

Whether a warehouseman has or has not a lien upon the goods, he

is entitled to all remedies allowed by law to a creditor against his

debtor for the collection from the depositor of all cluirges and ad- vances wdiich the depositor has expressly or impliedly contracted

with the warehouseman to pay.

1169. Satisfaction of lien by sale.—A warehouseman's lien for a claim which has become due may be satisfied as follows : The ware- houseman shall give a written notice to the person on whose account

the goods are held, and to any other person known by the w^are- houseman to claim an interest in the goods. Such notice shall be

given by delivery in person or by registered letter addressed to the

last known place of business or abode of the person to be notified.

The notice shall contain

(a) An itemized statement of the warehouseman's claim, showing

the sum due at the time of the notice and the date or dates when it became due

(b) A brief description of the goods against which the lien exists;

(c) A demand that the amount of the claim as stated in the notice,

and of such further claim as shall accrue, shall be paid on or before

a day mentioned, not less than ten days from the delivery of the

notice if it is personally delivered, or from the time when the notice

should reach its destination, according to the due course of post,

if the notice is sent by mail; and

(d) A statement that unless the claim is paid within the time

specified the goods w^ill be advertised for sale and sold by acution

at a specified time and place.

In accordance with the terms of a notice so given, a sale of the

goods by auction may be had to satisfy any valid claim of the ware- houseman for which he has a lien on the goods. The sale shall be

had in the place where the lien was acquired, or, if such a place is manifestly unsuitable for the purpose, at the nearest suitable place.

179
T. 3, § 1170] TEE CIVIL CODE

After the time for the payment of the claim specified in the notice

to the depositor has elapsed, a notice of the sale, describing the goods

to be sold, and stating the name of the owner or person on whose

account the goods are held, and the time and place of the sale, shall

be posted for two consecutive weeks on the bulletin board of each

post office of the Canal Zone. The sale shall not be held less than

fifteen days from the time when such notices were posted. From

the proceeds of such sale the warehouseman shall satisfy his lien,

including the reasonable charges of notice and sale. The balance, if any, of such proceeds shall be held by the warehouseman, and delivered on demand to the person to whom he would have been bound

to deliver or justified in delivering the goods: Provided, however,

That in case any such balance shall not be claimed by the rightful owner within one month from the day of said sale, the same shall be

paid to the collector of the Panama Canal; and if the same be not

claimed by the owner thereof or his legal representatives within one

year thereafter, the same shall be covered into the Treasury of the

United States as miscellaneous receipts. At any time before the

goods are so sold any person claiming a right of property or posses- sion therein may pay the warehouseman the amount necessary to sat- isfy his lien and to pay the reasonable expenses and liabilities in- curred in serving and posting notices and preparing for the sale up

to the time of such payment. The warehouseman shall deliver the

goods to the person making such payment if he is a person entitled,

under the provisions of this article, to the possession of the goods on payment of the charges thereon. Otherwise the warehouseman shall

retain possession of the goods according to the terms of the original contract of deposit.

1170. Perishable and hazardous goods.—sif goods are of a perishable nature, or by keeping will deteriorate greatly in value, or by

their odor, leakage, inflammability, or explosive nature will be liable to injure other property, the warehouseman may give such notice to the owner, or to the person in whose name the goods are stored, as is reasonable and possible under the circumstances, to satisfy the lien

upon such goods and to remove them from the warehouse, and in the

event of the failure of such person to satisfy the lien and to remove

the goods within the time so specified, the warehouseman may sell the goods at public or private sale without posting notices. If the

warehouseman after a reasonable effort is unable to sell such goods,

he may dispose of them in any lawful manner, and shall incur no

liability by reason thereof. The proceeds of any sale made under

the terms of this section shall be disposed of in the same way as the

proceeds of sales made under the terms of the next preceding section.

1171. Other methods of enforcing liens.—The remedy for en- forcing a lien herein provided does not preclude any other remedies

allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the warehouseman's

claim as shall not be paid by the proceeds of the sale of the property.

1172. Effect of sale.—After goods have been lawfully sold to sat- isfy a warehouseman's lien, or have been lawfully sold or disposed

of because of their perishable or hazardous nature, the warehouse180
THE CIVIL CODE [T. 3, § 1177 man shall not thereafter be liable for failure to deliver the goods to the depositor, or owner of the goods, or to a holder of the receipt

given for the goods when they were deposited, even if such receipt be

negotiable.

1173. Negotiation of negotiable receipts by delivery and by indorsement.—A negotiable receipt may be negotiated by delivery

(a) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the bearer ; or

(b) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of a specified person, and such

person or a subsequent indorsee of the receipt has indorsed it in

blank or to bearer.

Where, by the terms of a negotiable receipt, the goods are deliverable to bearer or where a negotiable receipt has been indorsed in

blank or to bearer, any holder may indorse the same to himself or to any other specified person, and in such case the receipt shall thereafter be negotiated only by the indorsement of such indorsee.

A negotiable receipt may be negotiated by the indorsement of the

person to whose order the goods are, by the terms of the receipt,

deliverable. Such indorsement may be in blank, to bearer or to a specified person. If indorsed to a specified person, it may be again

negotiated by the indorsement of such person in blank, to bearer or

to another specified person. Subsequent negotiation may be made

in like manner.

1174. Transfer of receipts.—A receipt which is not in such form

that it can be negotiated by delivery may be transferred by the

holder by delivery to a purchaser or donee. A nonnegotiable receipt

cannot be negotiated, and the indorsement of such a receipt gives

the transferee no additional right.

1175. Who may negotiate a receipt.—A negotiable receipt may be

negotiated

By any person in possession of the same, however such possession

may have been acquired, if, by the terms of the receipt, the ware- houseman undertakes to deliver the goods to the order of such person

or if at the time of negotiation the receipt is in such form that it may be negotiated by delivery.

1176. Rights of person to whom a receipt has been negotiated.—

A person to whom a negotiable receipt has been duly negotiated

acquires thereby

(a) Such title to the goods as the person negotiating the receipt

to him had or had ability to convey to a purchaser in good faith for

value, and also such title to the goods as the depositor or person to whose order the goods were to be delivered by the terms of the receipt

had or had ability to convey to a purchaser in good faith for value;

and

(b) The direct obligation of the warehouseman to hold possession

of the goods for him according to the terms of the receipt as fully

as if the warehouseman had contracted directly with him.

1177. Rights of person to whom a receipt has been transferred.—

A person to whom a receipt has been transferred but not negotiated

181
T. 3, § 1178] TEE CIVIL CODE

acquires thereby, as against the transferor, the title to the goods,

subject to the terms of any agreement with the transferor. If the

receipt is nonnegotiable, such person also acquires the right to notify

the warehouseman of the transfer to him of such receipt, and thereby to acquire the direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt.

Prior to the notification of the warehouseman by the transferor or transferee of a nonnegotiable receipt, the title of the transferee to the goods and the right to acquire the obligation of the warehouseman may be defeated by the levy of an attachment or execution

upon the goods by a creditor of the transferor, or by a notification to the warehouseman by the transferor, or a subsequent purchaser

from the transferor of a subsequent sale of the goods by the

transferor.

1178. Transfer of negotiable receipt without indorsement.

Where a negotiable receipt is transferred for value by delivery, and

the indorsement of the transferor is essential for negotiation, the

transferee acquires a right against the transferor to compel him to indorse the receipt, unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made.

1179. Warranties on sale of receipt.—A person who for value

negotiates or transfers a receipt by indorsement or delivery, including one who assigns for value a claim secured by a receipt, unless a contrary intention appears, warrants

(a) That the receipt is genuine;

(b) That he has a legal right to negotiate or transfer it; (c) That he has knowledge of no fact which would impair the

validity or worth of the receipt ; and

(d) That he has a right to transfer the title to the goods, and

that the goods are merchantable or fit for a particular purpose whenever such warranties would have been implied, if the contract of the

parties had been to transfer without a receipt the goods represented

thereby.

1180. Indorser not a guarantor.—The indorsement of a receipt

shall not make the indorser liable for any failure on the part of the

warehouseman or previous indorsers of the receipt to fulfill their

I'espective obligations.

1181. No warranty implied from accepting payment of a debt.

A mortgagee, pledgee, or holder for security of a receipt who in good

faith demands or receives ]:)ayment of the debt for which such re- ceipt is security, whether from a party to a draft drawn for such

debt or from any other person, shall not by so doing be deemed to represent or to warrant the genuineness of such receipt or the quantity or quality of the goods therein described.

1182. When negotiation not impaired by fraud, mistake, or duress.—The validity of the negotiation of a receipt is not impaired

by the fact that such negotiation was a breach of duty on the part

of the person making the negotiation, or by the fact that the owner

of the receipt was deprived of the possession of the same by loss,

182
THE CIVIL CODE [T. 3, § 1187

theft, fraud, accident, mistake, duress, or conversion, if the person to whom the receipt was negotiated, or a person to whom the receipt was subsequently negotiated, paid value therefor, in good faith,

without notice of the breach of duty, or loss, theft, fraud, accident,

mistake, duress, or conversion.

1183. Subsequent negotiation.—Wliere a person having sold,

mortgaged, or pledged goods which are in a warehouse and for

which a negotiable receipt has been issued, or having sold, mortgaged, or pledged the negotiable receipt representing such goods,

continues in possession of the negotiable receipt, the subsequent negotiation thereof by that person under any sale, or other disposition

thereof to any person receiving the same in good faith, for value

and without notice of the previous sale, mortgage, or pledge, shall

have the same effect as if the first purchaser of the goods or receipt

had expressly authorized the subsequent negotiation.

1184. Negotiation defeats vendor's lien.—Where a negotiable re- ceipt has been issued for goods, no seller's lien or right of stoppage

in transitu shall defeat the rights of any purchaser for value in good

faith to whom such receipt has been negotiated, whether such negotiation be prior or subsequent to the notification to the warehouseman who issued such receipt of the seller's claim to a lien or right of

stoppage in transitu. Nor shall the warehouseman be obliged to deliver or be justified in delivering the goods to an unpaid seller unless the receipt is first surrendered for cancelation.

1185. Issue of receipt for goods not received.—A warehouseman,

or any officer, agent, or servant of a warehouseman, who issues or

aids in issuing a receipt knowing that the goods for which such

receipt is issued have not been actually received by such warehouseman, or are not under his actual control at the time of issuing such

receipt, shall be guilty of a crime, and upon conviction sliall be

punished for each offense by imprisonment in jail for not more than

one year, or by a fine of not more than $1,000, or by both.

1186. Issue of receipt containing false statement.—A warehouseman, or any officer, agent, or servant of a warehouseman, who

fraudulently issues or aids in fraudulently issuing a receipt for goods

knowing that it contains any false statement, shall be guilty of a crime, and upon conviction shall be punished for each offense by

imprisonment in jail for not more than one year, or by a fine of not more than $1,000, or by both.

1187. Issue of duplicate receipts not so marked.—A warehouseman, or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable receipt for

goods knowing that a former negotiable receipt for the same goods

or any part of them is outstanding and uncanceled, without plainly

placing upon the face thereof the^ word " Duplicate," except in the

case of a lost or destroyed receipt after proceedings as provided for

in section 1151 of this title, shall be guilty of a crime, and upon

J'.onviction shall be punished for each offense by imprisonment in jail

for not more than one year, or by a fine of not more than $1,000, or by both.

183
T. 3, § 1188] THE CIVIL CODE

1188. Issue for warehouseman's goods of receipts which do not

state that fact.—Where there are deposited with or held by a ware- houseman goods of which he is owner, either solely or jointly or in

common with others, such warehouseman, or any of his officers,

agents, or servants who, knowing this ownership, issues or aids in

issuing a negotiable receipt for such goods which does not state such

ownership, shall be guilty of a crime, and upon conviction shall be

punished for each offense by imprisonment in jail for not more than

one year, or by a fine of not more than $1,000, or by both.

1189. Delivery of goods without obtaining negotiable receipt.—

A warehouseman, or any officer, agent, or servant of a warehouseman

who delivers goods out of the possession of such warehouseman,

knowing that a negotiable receipt the negotiation of which would

transfer the right to the possession of such goods is outstanding

and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except in the cases provided for in sections 1151 and 1172 of this title, be found guilty of a

crime, and upon conviction shall be punished for each offense by

imprisonment in jail for not more than one year, or by a fine of not more than $1,000, or by both.

1190. Negotiation of receipt for mortgaged goods.—Any person

who deposits goods to which he has not title, or upon which there is a lien or mortgage, and who takes for such goods a negotiable receipt

which he afterwards negotiates for value with intent to deceive and

without disclosing his want of title or the existence of the lien or mortgage, shall be guilty of a crime, and upon conviction shall be

punished for each offense by imprisonment in jail for not more than

one year, or by a fine of not more than $1,000, or by both.

1191. When rules of common law still applicable.—In any case not provided for in this article, the rules of law and equity, including the law merchant, and in particular the rules relating to the law

of principal and agent and to the effect of fraud, misrepresentation,

duress, or coercion, mistake, or other invalidating cause, shall govern.

1192. Definitions.—(1) In this article, unless the context or subject matter otherwise requires

"Action " includes counterclaim, set-off, and suit in equity.

" Delivery " means voluntary transfer of possession from one per- son to another.

" Fungible goods " means goods of which any unit is, from its nature or by mercantile custom, treated as the equivalent of any

other unit. " Goods " means chattels or merchandise in storage, or which has

been or is about to be stored.

" Holder " of a receipt means a person who has both actual possession of such receipt and a right of property therein.

" Order " means an order by indorsement on the receipt. " Owner " does not include mortgagee or pledgee.

" Person " includes a corporation or partnership or two or more

persons having a joint or common interest. To " purchase " includes to take as mortgagee or as pledgee.

" Purchaser " includes mortgagee and pledgee.

184
THE CIVIL CODE [T. 3, § 1211

" Receipt " means a warehouse receipt. " Value " is any consideration sufficient to support a simple contract. An antecedent or preexisting obligation, whether for money

or not, constitutes value where a receipt is taken either in satisfaction thereof or as security therefor.

" Warehouseman " means a person lawfully engaged in the busi- ness of storing goods for profit.

(2) A thing is done " in good faith " within the meaning of this

article, when it is in fact done honestly, whether it be done negligently or not. 1193. Application to existing receipts.—The provisions of this

article do not apply to receipts made and delivered prior to the

taking effect of this article. ARTICLE 5—INNKEEPERS

Sec. 1202. Unclaimed baggage may be sold at auction ; notice.

Sec. 1201. Hotels have lien on baggage of guests ; may sell baggage ; residue

baggage not belonging to guest. 1201. Hotels have lien on baggage of guests; may sell baggage;

residue; baggage not belonging to guest.—Hotel, inn, boarding

house, and lodging house keepers shall have a lien upon the baggage

and other property belonging to or legally under the control of their

guests, or boarders, or lodgers which may be in such hotel, inn, or boarding or lodging house for the proper charges due from such

guests, or boarders, or lodgers, for their accommodation, board and

Todging, and room rent, and such extras as are furnished at their

request, and for all money paid for or advanced to such guests, or boarders or lodgers, and for the costs of enforcing such lien, with

the right to the possession of such baggage and other property until

such charges and moneys are paid.

And unless such charges and moneys shall be paid when the same

become due, said hotel, inn, boarding house, or lodging house keeper

may sell said baggage and property under the conditions prescribed

in sections 1169 to 1172 of this title relating to warehousemen.

1202. Unclaimed baggage may be sold at auction; notice.

Whenever any trunk, carpetbag, valise, box, bundle, or other baggage has heretofore come, or shall hereafter come into the possession

of the keeper of any hotel, inn, boarding or lodging house, and has

remained or shall remain unclaimed for a period of three months,

such keeper shall proceed to sell the same under the conditions prescribed in sections 1169 to 1172 of this title relating to warehousemen.

ARTICLE 6.—FINDING

Sec. 1211. Obligation of finder. 1212. Finder of goods or money, or saving

animals, duty of. 121.3. Claimant to prove ownership.

1214. Reward, etc., to finder. 1215. Finder may put thing found on

storage.

Sec. 1216. When finder may sell the thing

found.

1217. How sale is to be made.

1218. Property vests in finder, when ; lia- bility of finder to owner.

1219. Thing abandoned.

1211. Obligation of finder.—One who finds a thing lost is not

bound to take charge of it, but if he does so he is thenceforward

93083—34- -13 185
T. 3, § 1212] THE CIVIL CODE

a depositary for the owner, with the rights and obligations of a depositary for hire. Cboss-Refe3ience

Depositary for hire, see sections 1132 et seq., of this title. 1212. Finder of goods or money, or saving animals, duty of.—

If the finder of a thing, other than a domestic animal, takes possession thereof, or if a person saves any such animal from drowning

or starvation, he must, within a reasonable time, inform the owner

thereof, if known, and make restitution to him upon demand, without

compensation, except a reasonable charge for saving and caring

therefor.

If the owner is not known to such finder or saver, he must, within

five days, file an affidavit with the magistrate of the subdivision in

which the finding or saving took place, particularly describing the

property and the time, place, and circumstances under which it was

found or saved.

1213. Claimant to prove ownership.—The finder of a thing may,

in good faith, before giving it up, require reasonable proof of ownership from any person claiming it. 1214. Reward, etc., to finder.—The finder of a thing is entitled to compensation for all expenses necessarily incurred by him in its preservation, and for any other service necessarily performed by

him about it, and to a reasonable reward for keeping it. 1215. Finder may put thing found on storage.—The finder of a thing may exonerate himself from liability at any time by placing

it on storage with any responsible person of good character, at a reasonable expense.

1216. When finder may sell the thing found.—The finder of a thing may sell it, if it is a thing which is commonly the subject of

sale, when the owner cannot, with reasonable diligence, be found, or, being found, refuses upon demand to pay the lawful charges of the

finder, in the following cases

1. When the thing is in danger of perishing or of losing the greater

part of its value ; or

2. When the lawful charges of the finder amount to two thirds

of its value.

1217. How sale is to be made.—A sale under the provisions of

the next preceding section must be made in the same manner as the

sale of a thing pledged.

CEOSS-IIeFEBEN CE

Sale of pledge, sec sections 2295 et seq., of this title. 1218. Property vests in finder, when; liability of finder to owner.—If no owner appears within six months after such finding

or saving and oft'ers reasonable proof of his ownership, and compensates, or in good faith offers to compensate, the finder or saver for

the expense necessarily incurred by him, then such property vests

ifi such finder or saver.

IS9
THE CIVIL CODE [T. 3, SI 2.30 1219. Thing abandoned.—The provisions of this article have no

application to thin<;s which have been intentionally abandoned by

their owners. CHAPTER 38—DEPOSIT FOR EXCHANGE

Section 1221. Relations of the parties.—A deposit for exchange

transfers to the depositary the title to the thing deposited, and

creates between him and the depositor the relation of debtor and

creditor merely.

CR08S-REa?ERBN CES Deposit for exchange, defined, see section 109G of this title. Loan I'or excliangc, see sections 1251 et seq., of (his litle. CHAPTER .39.—LOAN

Art. Sec.

1. Loan for use 1231

2. Loan for exchaiijie 1251

Art. Sec.

3. Loan of money 1261 ARTICLE 1.—LOAN FOR USE

Sec. 1231.

1232.

1233.

1:^34. 1235.

Loan, what.

Title to property lent. Care required of borrower. Same.

Degree of skill. 1236. Borrower, when to repair injuries. 1237. Use of thing lent.

Sec. 1238. Relencling forbidden.

1230. Borrower, when to bear expenses. 1240. Lender liable for defects. 1241. Lender may require return of thiuf

lent. 1242. When returnable without demand.

1243. Place of return. Section 1231. Loan, what.—A loan for use is a contract by which

one gives to another the temporary possession and use of personal

property, and the latter agrees to return the same thing to him at a future time, without reward for its use. 1232. Title to property lent.—A loan for use does not transfer the

title to the thing; and all its increase during the period of the loan

belongs to the lender.

Ceoss-Refebence

Title to thing lent on loan for exchange, see section 1253 of this title. 1233. Care required of borrower.—A borrower for use must use great care for the preservation in safety and in good condition

of the thing lent. 1234. Same.—One who borrows a living animal for use must treat

it with great kindness and provide everything necessary and suitable

for it. Cross-Refeeiencb

Depositary of living animals for keeping, see section 1112 of this title. 1235. Degree of skill.—A borrower for use is bound to have and to exercise such skill in the care of the thing lent as he causes the lender

to believe him to possess. 1236. Borrower, when to repair injuries.—A borrower for use must repair all deteriorations or injuries to the thing lent which are occasioned by his negligence, however slight.

187
T. 3, § 1237] THE CIVIL CODE

1237. Use of thing lent.—The borrower of a thing for use may

use it for such purposes only as the lender might reasonably anticipate at the time of lending.

Ceoss-Rei'^erence Releuding forbidden, see section 1238 of this title. 1238. Relending forbidden.—The borrower of a thing for use must

not part with it to a third person, without the consent of the lender.

1239. Borrower, when to bear expenses.—The borrower of a thing for use must bear all its expenses during the loan, except such

as are necessarily incurred by him to preserve it from unexpected

and unusual injury. For such expenses he is entitled to compensation from the lender, who may, however, exonerate himself bv sur- rendering the thing to the borrower.

Cross-Refeeencb

Liability for expenses, see section 1253 of this title. 1240. Lender liable for defects.—The lender of a thing for use must indemnify the borrower for damage caused by defects or vices

in it, which he knew at the time of lending, and concealed from the

borrower.

Cross-References Indemnity to depositary, see section 1111 of this title. Loan for exchange, see sections 1251 and 1255 of this title. 1241. Lender may require return of thing lent.—The lender of a thing for use may at any time require its return, even though he lent

it for a specified time or purpose. But if, on the faith of such an

agreement, the borrower has made such arrangements that a return

of the thing before the period agreed upon would cause him loss,

exceeding the benefit derived by him from the loan, the lender must

indemnify him for such loss, if he compels such return, the borrower

not having in any manner violated his duty.

1242. When returnable without demand.—If a thing is lent for

use for a specified time or purpose, it must be returned to the lender

without demand, as soon as the time has expired, or the purpose has

been accomplished. In other cases it need not be returned until

demanded.

1243. Place of return.—The borrower of a thing for use must

return it to the lender, at the place contemplated by the parties at the time of lending; or if no particular place was so contemplated

by them, then at the place where it was at the time.

ARTICLE 2.—LOAN FOR EXCHANGE

Soc.

12.51. Loan for exchange, what.

1252. Same.

1253. Title to property lent.

Sec. 1254. Contract cannot be modified by lender. 1255. Certain sections applicable.

1251. Loan for exchange, what.—A loan for exchange is a contract by which one delivers personal property to another, and the

188
TBB CIVIL CODE [T. 3. § 1264

latter agrees to return to the lender a similar thing at a future time,

without reward for its use. Ceoss-Refebencb

Loan of money as a loan for exchange, see section 1261 of this title. 1252. Same.—A loan, which the borrower is allowed by the lender

to treat as a loan for use, or for exchange, at his option, is subject to

all the provisions of this article. 1253. Title to property lent.—By a loan for exchange the title to the thing lent is transferred to the borrower, and he must bear all

its expenses, and is entitled to all its increase.

Ceoss-Refeeences

Liability for expenses, see section 1239 of this title. Title to property lent, see section 1232 of this title. 1254. Contract cannot be modified by lender.—A lender for ex- change cannot require the borrower to fulfill his obligations at a time, or in a manner, different from that which was originally agreed

upon.

1255. Certain sections applicable.—Sections 1240, 1242, and 1243

of this title apply to a loan for exchange.

ARTICLE 3.—LOAN OF MONEY

Sec. 1261. Loan of money, defined. 1262. Loan to be repaid in current money.

1263. Loan presumed to be on interest. 1264. Interest, what.

1265. Annual rate.

Sec. 1266. Legal interest. 1267. Usurious contracts ; principal only, recoverable. 1268. Recovery of usurious interest paid. 1269. Evidence of usury. 1261. Loan of money, defined.—A loan of money is a contract by

which one delivers a sum of money to another, and the latter agrees

to return at a future time a sum equivalent to that which he borrowed. A loan for mere use is governed by the article on loan for use. Ceoss-Refebence

Interest, see sections 1263 et seq., of this title. 1262. Loan to be repaid in current money.—A borrower of

money, unless there is an express contract to the contrary, must pay

the amount due in such money as is current at the time when the

loan becomes due, whether such money is worth more or less than

the actual money lent. 1263. Loan presumed to be on interest.—Whenever a loan of

money is made, it is presumed to be made upon interest, unless it is otherwise expressly stipulated at the time in writing.

Ceoss-Refeeenob

Tender of performance stops interest, see section 750 of this title. 1264. Interest, what.—Interest is the compensation allowed by

law or fixed by the parties for the use, or forebearance, or detention

of money.

189
T. 3, § 1265] THE CIVIL CODE

Cboss-Refkkences

Interest as damages, see sections 2631 et seq., of this title. Interest in actions ex delicto, see section 2032 ot tliis title. Legacies, interest on. see section 6-;i of tins title. Liability of trustee for interest, see sections IHoO and 1565 of this title. Si*eciul partner may receive interest, see section 1826 of this title. Claims against decedent's estate interest on, see title 4, sections 1476 and

1591. P^secutor chargeable for interest arising out of estate, see title 4, .section 15U2.1265. Annual rate.—When a rate of interest is prescribed by a law or contract, without specifying the period of time by which

such rate is to be calculated, it is to be deemed an annual rate. Ceoss-Refeeenoes

Interest as damages, see sections 2631 et seq., of tliis title. Rate of interest after breach of contract, see section 2633 of this title. 1266. Legal interest.—No rate of interest shall be allowed in excess of 6 per centum per annum upon any contract for the use or detention of money, unless the same is in writing and the interest

agreed upon must not exceed 12 per centum per annum.

1267. Usurious contracts; principal only, recoverable.—All contracts whatsoever which may in any wa}'^, directly or indirectly,

violate the next preceding section by stipulating for a greater rate of interest than 12 per centum per annum, shall be void and of no

effect for the amount or value of the interest only; JDiit the principal sum of money or value of the contract may be received and recovered.

1268. Recovery of usurious interest paid.—When the interest

received or collected for the use or detention of money exceeds the

rate of 12 per centum per annum, it shall be deemed to be usurious,

and the person or persons paying the same, or their legal representatives, may recover from the person, firm, or corporation receiving

such interest, the amount of the interest so received or collected, in

any court of competent jurisdiclion, witliin two years from the date

of the payment of such interest. 1269. Evidence of usury.—No evidence of usury shall be received on the trial of any case unless the same shall be pleaded and verified

by the affidavit of the party wi.shing to avail himself of such defense.

CHAPTER 40.—HIRING

Sec. 1271. ITiriiif,', what.

\'2~'l. I'loilucts of thing. 1273. Quiet posscssiun. 1274. Dcsrt'c of care, etc., on part of hirer. 1275. Must repair injuries, etc. 1276. Tliins let for a particular purpose.

1277. When letter may terminate the hiring. 1278. Hirer may terminate the hiring, when.

Sec. 1270. Wlion hiring terminates.

1280. When terminated hy death, etc., of

party. 12S1. Apportionment of hire.

12SL'. Obliuations of letter of personal

property.

12.s:i. Ordinary expen.ses.

12S-J. E.xtraordiiiarv expenses.

1285. Return of thing hired. Section 1271. Hiring, what.—Hiring is a contract by which one

gives to another the temporary possession and use of property, other

190
THE CIVIL CODE [T. 3, § 1278 than money, for reward, and the latter agrees to return the same to the former at a future time.

Ceoss-Reference

Hiring personalty, see sections 1282 et seq., of this title. 1272. Products of thing.—The products of a thing hired, during

the hiring, belong to the hirer.

1273. Quiet possession.—An agreement to let upon hire binds the

letter to secure to the hirer the quiet possession of the thing hired

during the term of the hiring, against all persons lawfully claiming

the same.

Cross-Reifeben'ces Duty of letter of personalty likewise, section 12S2 of this title. Termination of hiring for want of quiet enjoyment, see section 1278 of this

title. 1274. Degree of care, etc., on part of hirer.—The hirer of a thing

must use ordinary care for its preservation in safety and in good

condition.

Cross-Reiference Care required of deposit.'iry for hire, see section 1132 of this title. 1275. Must repair injuries, etc.—The hirer of a thing must repair

all deteriorations or injuries thereto occasioned by his want of

ordinary care. Cross-Refekences

Duty of letter to repair, see section 1282 of this title. Hirer may make repairs and recover from letter when, see section 1284 of

this title. Termination of hiring where hirer does not make repairs, see section 1277

of this title. 1276. Thing let for a particular purpose.—When a thing is let for

a particular purpose the hirer must not use it for any other purpose

and if he does, he is liable to the letter for all damages resulting

from such use, or the letter may treat the contract as thereby

rescinded.

Cross-Reference

Right to terminate hiring, see section 1277 of this title. 1277. When letter may terminate the hiring.—The letter of a thing may terminate the hiring and reclaim the thing before the end

of the term agreed upon

1. l^Tien the hirer uses or permits a use of the thing hired in a manner contrary to the agreement of the parties ; or

2. When the hirer does not, within a reasonable time after request,

make such repairs as he is boimd to make.

Cross-Reiference

Termination of hiring, see section 1276 of this title. 1278. Hirer may terminate the hiring, when.—The hirer of a thing may terminate the hiring before the end of the term agreed

upon:

191
T. 3, § 1279] THE CIVIL CODE

1. When the letter does not, within a reasonable time after request,

fulfill his obligations, if any, as to placing and securing the hirer

in the quiet possession of the thing hired, or putting it into good

condition, or repairing; or

2. When the greater part of the thing hired, or that part which was and which the letter had at the time of the hiring reason to

believe was the material inducement to the hirer to enter into the

contract, perishes from any other cause than the want of ordinary

care of the hirer.

Cross-References

Repair of premises, see section 1282 of this title. Right of hirer to quiet enjoyment, see section 1273 of this title. 1279. When hiring terminates.—The hiring of a thing terminates : 1. At the end of the term agreed upon

2. By the mutual consent of the parties

3. By the hirer acquiring a title to the thing hired superior to that of the letter; or

4. By the destruction of the thing hired.

1280. When terminated by death, etc., of party.—If the hiring

of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to contract. In other cases it is not terminated thereby.

1281. Apportionment of hire.—When the hiring of a thing is ter- minated before the time originally agreed upon, the hirer must pay

the due proportion of the hire for such use as he has actually made

of the thing, unless such use is merely nominal and of no benefit to him.

' Ceoss-Referencb For the compensation to which a depositary for hire is entitled upon a termination of the deposit, see sections 1133 to 1135 of this title. 1282. Obligations of letter of personal property.—One who lets personal property must deliver it to the hirer, secure his quiet enjoyment thereof against all lawful claimants, put it into a condition fit for the purpose for which he lets it, and repair all deteriorations

thereof not occasioned by the fault of the hirer and not the natural

result of its use. CbOS8-REIFEBENCES Quiet enjoyment, see sections 1273 and 3278 of this title. Repair of premises, see sections 1275 and 1278 of this title. 1283. Ordinary expenses.—A hirer of personal property must

bear all such expenses concerning it as might naturally be foreseen

to attend it during its use by him. All other expenses must be borne

by the letter. 1284. Extraordinary expenses.—If a letter failed to fulfill his

obligations, as prescribed by section 1282 of this title, the hirer, after

giving him notice to do so, if such notice can conveniently be given,

198
THE CIVIL CODE [T. 3, § 1312 may expend any reasonable amount necessary to make good the

letter's default, and may recover such amount from him.

1285. Return of thing hired.—At the expiration of the term for

which personal property is hired, the hirer must return it to the letter at the place contemplated by the parties at the time of hiring; or,

if no particular place was so contemplated by them, at the place at which it was at that time.

CHAPTER 41.—SERVICE WITH EMPLOYMENT

Art. Sec.

1. Application and scope of chapters 41 to 43 of this title 1291

2. Definition of employment 1301

Art. Sec.

3. Obligations of employer 1311

4. Obligations of employee 1321

5. Termination of employment 1341 ARTICLE 1.—APPLICATION AND SCOPE OF CHAPTERS 41 TO 43 OF

THIS TITLE

Sec. 1291. No application to Canal or Railroad

employees.

Sec. 1292. Scope of chapter.

1313. Employer to indemnify for his own

negligence.

Section 1291. No application to Canal or Railroad employees.—

This chapter and chapters 42 and 43 of this title shall have no application to the United States Government, or the Panama Railroad

Company, or to their employees as concerns such employment.

1292. Scope of chapter.—The scope of this chapter is not confined

to servants, but includes factors, brokers, carriers, agents, and all similar classes of persons.

ARTICLE 2.—DEFINITION OF EMPLOYMENT

1301. Einployment, what.—The contract of employment is a contract by which one, who is called the employer, engages another, who

is called the employee, to do something for the benefit of the employer

or of a third person.

ARTICLE 3.—OBLIGATIONS OF EMPLOYER

Sec. Sec. 1311. When employer must indemnify employee. 1312. When employer not bound to indemnify employee.

1311. When employer must indemnify employee.—An employer

must indemnify his employee, except as prescribed in the section next

following, for all that he necessarily expends or loses in direct conse- quence of the discharge of his duties as such, or of his obedience to the directions of the employer, even though unlawful, unless the

employee, at the time of obeying such directions, believed them to be unlawful.

1312. When employer not bound to indemnify employee.—An

employer is not bound to indemnify his employee for losses suffered

by the latter in consequence of the ordinary risks of the business

in which he is employed nor in consequence of the negligence of

another person employed by the same employer in the same general

business, unless the negligence causing the injury was committed

in the performance of a duty the employer owes by law to the

employee, or unless the employer has neglected to use ordinary care

193
T. 3, § 1313] THE CIVIL CODE

in the selection of the culpable employee: Provided^ nevertheless^

That the employer shall be liable for such injury when the same re- sults from the wrongful act, neglect, or defraud of any agent or officer of such employer, superior to the employee injured, or of a person

employed by such employer having the right to control or direct

the services of such employee injured, and also when such injury

results from the wrongful act, neglect, or default of a coemployee

engaged in another department of labor from that of the employee

injured, or employed upon a machine or other appliance other than

that upon which the employee injured is employed.

Knowledge by an employee injured of the defective or unsafe character or condition of any machinery, ways, appliances or structures of such emploj'er shall not be a bar to recovery for any injury or death caused thereby, unless it shall also appear that such employee

fully understood, comprehended and appreciated the dangers inci- dent to the use of such defective machinery, ways, appliances or

structures, and thereafter consented to use the same, or continued in

the use thereof.

Any contract or agreement, express or implied, made by any such

employee to waive the benefits of this section, or any part thereof,

shall be null and void, and this section shall not be construed to deprive any such employee or his personal representative of any

right or remedy to which he is now entitled under the laws of the

Canal Zone.

The rules and principles of law as to contributory negligence

which apply to other cases shall apply to cases arising under this

section, except insofar as the same are herein modified or changed.

1313. Employer to indemnify for his own negligence.—An employer must in all cases indemnify his emploj^ee for losses caused

by the former's want of ordinary care. ARTICLE 4.—OBLIGATIONS OF EMPLOYEE

Sec. 1321. Duties of gratuitous employee.

1322. Same.

1323. Same.

1324. Duties of employee for reward.

1325. Duties of employee for liis benefit. 1326. Employee must obey employer.

1327. Employee to conform to usage.

1328. Degree of skill required.

Sec. 1329. Must use what skill he has. 1330. What belongs to employer.

1331. Duty to account.

1332. Employee not bound to deliver with- out demand.

1333. Preference to be given to employers.

1334. Responsibility for negligence. 1335. Surviving_ employee.

1336. Confidential employment.

1321. Duties of gratuitous employee.—One who, without consideration, undertakes to do a service for another, is not bound to perform the same, but if he actually enters upon its performance, he

must use at least slight care and diligence therein.

1322. Same.—One who, by his own special request, induces another

to intrust him with the performance of a service, must perform the same fully. In other cases, one who undertakes a gratuitous service

may relinquish it at any time.

1323. Same.—A gratuitous employee, who accepts a written power

of attorney, must act under it so long as it remains in force, or until

he gives notice to his employer that he will not do so.

194
THE CIVIL CODE [T. 3, § 1334

1324. Duties of employee for reward.—One who, for a good consideration, agrees to serve another, must perform the service, and

must use ordinary care and diligence therein, so long as he is thus

emplo3'ed.

1325. Duties of employee for his own benefit.—One who is employed at his own ro(iuest to (]o that wliich is more for his own

advantage than for that of his eujployer, must use great care and

diligence therein to protect the interest of the latter. 1326. Employee must obey employer.—An employee must substantially comply with all the directions of his employer concerning

the service on which he is engaged, except where such obedience is impossible or unlawful, or would impose new and unreasonable

burdens upon the employee.

1327. Employee to conform to usage.—An employee must perform his service in conformity to the usage of the place of per- formance, unless otherwise directed by his employer, or, unless it is impracticable, or manifestly injurious to his employer to do so. 1328. Degree of skill required.—An employee is bound to exercise a reasonable degree of skill, unless his employer has notice, before

employing him, of his want of skill. 1329. Must use what skill he has.—An employee is always bound

to use such skill as he possesses, so far as the same is required, for

the service specified.

1330. What belongs to employer.—Everything which an employee acquires by virtue of his employment, except the conq)ensation, if any, which is due to him from his employer, belongs to the

latter, whether acquired lawfully or unlawfully, or during or after

the expiration of the term of his employment.

1331. Duty to account.—An employee must, on demand, render to

his employer just accounts of all his transactions in the course of

his service, as often as may be reasonable, and must, without demand, give prompt notice to his emploj^er of everything which he

receives for his account. 1332. Employee not bound to deliver without demand.—An employee who receives anything on account of his employer, in any

capacity other tlian that of a mere servant, is not bound to deliver

it to him until demanded, and is not at liberty to send it to him from

a distance, without demand, in any mode involving greater risk than

its retention by the employee himself.

1333. Preference to be given to employers.—An employee who

has any business to transact on his own account, similar to that

intrusted to him by his employer, must always give the latter the

preference.

1334. Responsibility for negligence.—An employee who is guilty

of a culpable degree of negligence is liable to his em])loyer for the

damage thereby caused to the latter; and the employer is liable to him, if the service is not gratuitous, for the value of such services

only as are properly rendered.

195
T. 3, § 1335] THE CIVIL CODE

1335. Surviving employee.—Where service is to be rendered by

two or more persons jointly, and one of them dies, the survivor must

act alone, if the service to be rendered is such as he can rightly

perform without the aid of the deceased person, but not otherwise.

1336. Confidential employment.—The obligations peculiar to confidential employments are defined in chapters 49 and 60 of this title on trusts. ARTICLE 5.—TERMINATION OF EMPLOYMENT

Sec. 1345. Termination by employer.

1346. Termination by employee.

1347. Compensation due on dismissal. 1348. Compensation due on quitting.

Sec. 1341. Employment, how terminated.

1342. Same.

1343. Continuance of service in certain

cases. 1344. Terms of employment.

1341. Employment, how terminated.—Every employment in

which the power of the employee is not coupled with an interest in

its subject is terminated by notice to him of:

1. The death of the employer ; or

2. His legal incapacity to contract. 1342. Same.—Every employment is terminated:

1. By the expiration of its appointed term

2. By the extinction of its subject;

3. By the death of the employee ; or

4. By his legal incapacity to act as such.

1343. Continuance of service in certain cases.—An employee, unless the term of his service has expired, or unless he has a right to discontinue it at any time without notice, must continue his service

after notice of the death or incapacity of his employer, so far as is necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the

facts has been communicated to such successor. The successor must

compensate the employee for such service according to the terms

of the contract of employment.

1344. Terms of employment.—An employment, having no specified terms, may be terminated at the will of either party, on notice

to the other. Employment for a specified term shall mean an employment for a period greater than one month.

1345. Termination by employer.—An employment, for a specified

term, may be terminated at any time by the employer, in case of any

willful breach of duty by the employee in the course of his employment, or in case of his habitual neglect of his duty or continued

incapacity to perform it. 1346. Termination by employee.—An employment, for a specified

term, may be terminated by the employee at any time, in case of any

willful or permanent breach of the obligations of his employer to him as an employee.

1347. Compensation due on dismissal.—An employee who is not

employed for a specified term, dismissed by his employer, is entitled

to compensation for services rendered up to the time of such

dismissal.

196
THE CIVIL CODE [T. 3, § 1306 1348. Compensation due on quitting.—An employee who is not

employed for a specified term and who quits the service of his

employer, is entitled to compensation for services rendered up to the time of such quitting.

CHAPTER 42.—PARTICULAR EMPLOYMENTS

Art. Sec.

1. Master and servant 1351

2. Agents 1361

Alt. Sec.

3. Factors 1371

CROSS-REP'EmENCE This chapter not applicable to Canal or Railroad employees, see section 1291

of this title. ARTICLE 1.—MASTER AND SERVANT

Sec. 1351. Servant, what.

1352. Term of hiring

1353. Same.

Sec. 1354. Renewal of hiring. 1355. Servant to pay over without demand.

135G. When servant may be discharged.

Section 1351. Servant, what.—A servant is one who is employed

to render personal service to his employer, otherwise than in the pursuit of an independent calling, and who in such service remains

entirely under the control and direction of the latter, who is called

his master.

Cross-Referbnces

Employer and employee, generally, see sections 1301 et seq., of this title. Obligations of employee, see sections 1321 et seq., of this title. Obligations of employer, see sections 1311 et seq., of this title. 1352. Term of hiring.—A servant is presumed to have been hired

for such length of time as the parties adopt for the estimation of

wages. A hiring at a yearly rate is presumed to be for one year; a hiring at a daily rate, for one day; a hiring by piecework, for no

specified term. 1353. Same.—In the absence of any agreement or custom as to the

term of service, the time of payment, or rate or value of wages, a

servant is presumed to be hired by the month, at a monthly rate of

reasonable wages, to be paid when" the service is performed.

1354. Renewal of hiring.—Where, after the expiration of an

agreement respecting the wages and the term of service, the parties

continue the relation of master and servant, they are presumed to have renewed the agreement for the same wages and term of service.

1355. Servant to pay over without demand.—A servant must

deliver to his master, as soon as with reasonable diligence he can

find him, everything that he receives for his account, without demand; but he is not bound, without orders from his master, to send

anything to him through another person.

1356. When servant may be discharged.—A master may dis- charge any servant, other than an apprentice, whether engaged for a fixed term or not

1. If he is guilty of misconduct in the course of his service, or of

gross immorality, though unconnected with the same ; or

197
T. 3, § 1361] THE CIVIL CODE

2. If, being employed about the person of the master, or in a confidential position, the master discovers that he has been guilty of

misconduct, before or after the commencement of his service, of

such a nature that, if the master had known or contemplated it, he

would not have so employed him.

ARTICLE 2.—AGENTS

Sec. 1361. Agent to conform to his authority.

i;i62. Must lieep his principal informed.

Sec.

3 363. CoIIectins asent. 1364. Responsibility of subagcnt.

1361. Agent to conform to his authority.—An agent must not

exceed the limits of his actual authority, as defined by chapter 51

of this title on agency.

Cross-Refebencbs

Actual authority, see section 1633 of this title. Agency, see sections 1611 et seq., of this title. Ostensible authority, see section 1634 of this title. 1362. Must keep his principal informed.—An agent must use ordinary diligence to keep his principal informed of his acts in the

course of the agency.

1363. Collecting agent.—An agent employed to collect a negotiable instrument must collect it promptly, and take all measures

necessary to charge the parties thereto, in case of its dishonor; and,

if it is a bill of exchange, must present it for acceptance with reasonable diligence.

1364. Responsibility of subagent.—A mere agent of an agent is not responsible as such to the principal of the latter. ARTICLE 3.—FACTORS

Sec. 1371. Factor, what.

1372. Obedience required from factor. 1373. Sales on credit.

Sec. 1374. Liability of fac(or uii(h' niaranty

ciimmissioii. 1375. Fi'ctor ciinnot relieve himself from

liability. 1371. Factor, what.—A factor is an agent who, in the ]:)ursuit of an independent calling, is employed by another to sell property for

him, and is vested by the latter with the possession or control of

the property, or authorized to receive payment therefor from the

imrchaser. ^, CEOSS-REI'EltElNCES Factor, what, see section 1701 of this title. Factor's authority, see sections 1702 and 1703 of this tide. Factor's lien, see section 2314 of this title. Factor's power to pledge principal's goods, see sections 1702 and 2280 of this

title. 1372. Obedience required from factor.—A factor must obey the

instructions of his principal to the same extent as any other employee,

notwith.'danding any advances he may have made to his principal

upon the property consigned to him, except that if the principal for- bids him to sell at the market price, he may, nevertheless, sell for

108
THE CIVIL CODE [T. 3, § 1391

his reimbursement, after giving to his principal reasonable notice of

his intention to do so, and of tlie time and place of sale, and proceeding in all respects as a pledgee.

1373. Sales on credit.—A factor may sell property consigned to him on such credit as is usual; but, having once agreed with the

purchaser upon the term of credit, may not extend it. Cboss-Refebence

Authority to sell on credit, see section 1702 of this title. 1374. Liability of factor under guaranty commission.—A factor

who charges his principal with a guaranty commission upon a sale,

thereby assumes absolutely to pay the price when it falls due, as if it were a debt of his own, and not as a mere guarantor for the purchaser ; but he does not thereby assume any additional responsibility

for the safety of his remittance of the proceeds.

1375. Factor cannot relieve himself from liability.—A factor who

receives property for sale, under a general agreement or usage to guarantee the sales or the remittance of the proceeds, cannot relieve

himself from responsibility therefor without the consent of his

principal.

CHAPTER 43.—SERVICE WITHOUT EMPLOYMENT

Section 1381.—Voluntary interference with property.—One who

officiously, and without the consent of the real or apparent owner

of a thing, takes it into his possession for the purpose of rendering

a service about it, must complete such service, and use ordinary care, diligence, and reasonable skill about the same. He is not entitled

to any compensation for his service or expenses, except that he may

deduct actual and necessary expenses incurred by him about such

service from any profits which his service has caused the thing to acquire for its owner, and must account to the owner for the residue.

Ckoss-Refeeence

Gratuitous carriers, see section 1394 of this title. CHAPTER 44.—CARRIAGE IN GENERAL

Sec. 1391. Contract of carriage. 1392. Different kinds of carriers. 1393. Application of chapters 44 to 48 of

this title to marine carriers.

Sec. 1394. Obligations of gratuitous carriers. 1395. Obligations of gratuitous carrier who

has begun to carry.

Section 1391. Contract of carriage.—The contract of carriage is a contract for the conveyance of property, persons, or messages, from

one place to another.

Ceoss-Refeeences

Carriage of messages, see section 1461 of this title. Carriage of persons, see sections 1401 et seq., of this title. Carriage of property, see sections 1421 et seq., of this title. Common carriers, defined, see section 1471 of this title. Gratuitous carriers of passengers, care required of, see sections 1394 and

1395 of this title.

199
T. 3, § 1392] THE CIVIL CODE

1392. Different kinds of carriers.— Carriage is either:

1. Inland; or

2. Marine.

1393. Application of chapters 44 to 48 of this title to marine carriers.—This chapter and chapters 45 to 48 of this title, with the ex- ception of section 1441 of this title, shall have no application to marine carriers. Marine carriers, within the meaning of this sec- tion, shall include carriers upon the ocean, upon arms of the sea, and those transiting the Canal from ocean to ocean.

Ceoss-Refeeence

Inland carriers of property, rights and duties of, see sections 1491 et seq., of tliis title. 1394. Obligations of gratuitous carriers.—Carriers without re- ward are subject to the same rules as employees without reward,

except so far as is otherwise provided by this chapter and chapters

45 to 48 of this title. Ceoss-Refeeences

Gratuitous carriers, see sections 1395, 1401, and 1431 of this title. Service without employment, see section 1381 of this title. 1395. Obligations of gratuitous carrier who has begun to carry.—A carrier without reward, who has begun to perform his

undertaking, must complete it in like manner as if he had received

a reward, unless he restores the person or thing carried to as favorable a position as before he commenced the carriage.

Ceoss-Res'ebences

Compare with section 1401 of this title. Gratuitous carriers, see sections 1394, 1401 and 1431 of this title. CHAPTER 45.—CARRIAGE OF PERSONS

Art. Sec. I Art. Sec.

1. Gratuitous carriage of persons 1401 ' 2. Carriage for reward 1411 ARTICLE 1.—GRATUITOUS CARRIAGE OF PERSONS

Section 1401. Degree of care required.—A carrier of persons

without reward must use ordinary care and diligence for their safe

carriage.

Cboss-Reifebences

Carriers of persons, generally, see sections 1481 et seq., of this title. Duty of gratuitous employee, generally, see sections 1321, 1322, and 1381 of

this title. Gratuitous carriers, see sections 1394, 1395 and 1431 of this title. ARTICLE 2.—CARRIAGE FOR REWARD

Sec. 1411. Gpnoral duties of carrier. 1412. Vehicles.

141.3. Not to overload his vehicle.

Sec. 1414. Tr(>atment of pnsspngers.

1415. Rate of speed and delays.

1411. General duties of carrier.—A carrier of persons for reward

must use the utmost care and diligence for their safe carriage, must

200
THE CIVIL CODE [T. 3, § 1433 provide everything necessary for that purpose, and must exercise

to that end a reasonable degree of skiU.

Cboss-Refesenob

Limiting liability by contract, see sections 1474 to 1476 of this title. 1412. Vehicles.—A carrier of persons for reward is bound to provide vehicles safe and fit for the purposes to which they are put,

and is not excused for default in this respect by any degree of care. 1413. Not to overload his vehicle.—A carrier of persons for re- ward must not overcrowd or overload his vehicle.

1414. Treatment of passengers.—A carrier of persons for reward

must give to passengers all such accommodations as are usual and

reasonable, and must treat them with civility, and give them a rea- sonable degree of attention.

1415. Rate of speed and delays.—A carrier of persons for reward

must travel at a reasonable rate of speed, and without any unreasonable delay, or deviation from his proper route. CHAPTER 46.—CARRIAGE OF PROPERTY

Art. Sec.

1. Goneral definitions 1421

2. Obligations of carrier 1431

Art. Sec.

.3. Bills of lading 1441

4. Freightage 1451 ARTICLE 1.—GENERAL DEFINITIONS

Section 1421. Freight, consignor, and so forth, what.—Property

carried is called freight; the reward, if any, to be paid for its car- riage is called freightage ; the person who delivers the freight to the

carrier is called the consignor; and the person to whom it is to be

delivered is called the consignee.

Cross-Res'erence

Freightage, questions relating to, see section 1451 of this title. ARTICLE 2.—OBLIGATIONS OF CARRIER

Sec. 1431. Care and diligence required of

carriers. 1432. Carrier to obey directions. 1433. Conflict of orders.

Sec. 1434. Delivery of freight. 1435. Notice when freight not delivered. 1436. When consignee does not accept.

1431. Care and diligence required of carriers.—A carrier of

property for reward must use at least ordinary care and diligence in

the performance of all his duties. A carrier without reward must

use at least slight care and diligence.

Cross-Refeeences

Alteration of liability by agreement, see sections 1474 et seq., of this title. Gratuitous carriers, see sections 1394, 1395, and 1401 of this title. 1432. Carrier to obey directions.—A carrier must comply with

the directions of the consignor or consignee to the same extent that an employee is bound to comply with those of his employer.

1433. Conflict of orders.—When the directions of a consignor and

and consignee are conflicting, the carrier must comply with those of

93083—34- -14 2m.
T. 3, § 1434] THE CIVIL CODE

the consignor in respect to all matters except the delivery of the

freight, as to which he must comply with the directions of the consignee, unless the consignor has specially forbidden the carrier to receive orders from the consignee inconsistent with his own.

1434. Delivery of freight.—A carrier of property must deliver it to the consignee, at the place to which it is addressed, in the manner

usual at that place.

Ceoss-Refebencb

Damages for carrier's breach of obligation to deliver, see section 2655 of this

title. 1435. Notice when freight not delivered.—If, for any reason, a

carrier does not deliver freight to the consignee or his agent personally, he must give notice to the consignee of its arrival, and keep

the same in safety, upon his responsibility as a warehouseman, until

the consignee has had a reasonable time to remove it. If the place

of residence or business of the consignee be unknown to the carrier,

he may give the notice by letter dropped in the nearest post otfice. Cross-Refeeence

Damages for breach jof obligation to deliver, see sections 2G55 and 2656 of

this title. 1436. When consignee does not accept.—If a consignee does not

accept and remove freight within 72 hours after the carrier has

fulfilled his obligation to deliver, or duly offered to fulfill the same,

the rights and duties of the carrier shall thereafter be the same as those of a warehouseman as provided in sections 1141 to 1193 of this

title. ARTICLE 3.—BILLS OF LADING

1441. Application of Federal Bill of Lading Act to shipments

wholly within Canal Zone.—The Federal Bill of Lading Act (U.S.

Code, title 49, sees. 81 to 124) is hereby made applicable to shipments

wholly within the Canal Zone.

Note.—The text of the act above referred to is shown in the appendix at page 999. ARTICLE 4.—FREIGHTAGE

Sec. 1451. When freightage is to be paid. 1452. Consignor, when liable for freightage. 1453. Consignee, when liable. 1454. Natural increase of freight. 1455. Apportionment by contract. 1456. Same.

Sec. 1457. Apportionment according to distance. 1458. Freight carried further than agreed,

etc. 1459. Carrier's lien for froightage, services, and advances.

1451. When freightage is to be paid.—A carrier may require his

freightage to be paid upon his receiving the freight ; but if he does

not demand it then, he cannot until he is ready to deliver the freight

to the consignee.

Cross-Reference

Freightage;, defined, see section 1421 of this title.

202
THE CIVIL CODE [T. 3, § 1461

1452. Consignor, when liable for freightage.—The consignor of

freight is presumed to be liable for the freightage, but if the contract between him and the carrier provides that the consignee shall pay it, and the carrier allows the consignee to take the freight, he cannot

afterwards recover the freightage from the consignor.

1453. Consignee, when liable.—The consignee of freight is liable

for the freight«ige, if he accepts the freight with notice of the intention of the consignor that he should pay it. 1454. Natural increase of freight.—No freightage can be charged

upon the natural increase of freight.

1455. Apportionment by contract.—If freightage is apportioned

by a bill of lading or other contract made between a consignor and

carrier, the carrier is entitled to payment, according to the apporti(mment, for so much as he delivers.

1456. Same.—If a part of the freight is accepted by a consignee,

without specific objection that the rest is not delivered, the freightage

must be apportioned and paid as to that part, though not apportioned

in the original contract. 1457. Apportionment according to distance.—>If a consignee vol- untarily receives freight at a place short of the one appointed for

deliver}', the carrier is entitled to a just proportion of the freightage,

according to distance. If the carrier, being ready and willing, offers to complete the transit, he is entitled to the full freightage. If he

does not thus offer completion, and the consignee receives the freight

only from necessity, the carrier is not entitled to any freightage,

1458. Freight carried further than agreed, etc.—If freight is carried further, or more expeditiously, than was agreed upon by the

parties, the carrier is not entitled to additional compensation, and

cannot refuse to deliver it, on the demand of the consignee, at the

place and time of its arrival.

1459. Carrier's lien for freightage, services, and advances.—A

carrier has a lien for freightage and for services rendered at rccpiest

of shipper or consignee in and about the transportation, care, and

preservation of the property, and he also has a lien for money advanced at request of shipper or consignee to discharge a prior lien. His rights to such lien are regulated by chapters 62 to G5 of this title on liens: Provided., however.^ That such lion may be enforced in the manner provided by sections 1169 to 1172 of this title relating to warehousemen.

Cboss-Reference

Liens, generally, see sections 2171 et seq., of this title. CHAPTER 47.—CARRIAGE OF MESSAGES

Section 1461. Degree of care and diligence required.—A carrier

of messages for reward must use great care and diligence in the

transmission and delivery of messages.

2m
T. 3, § 1471] THE CIVIL CODE

CHAPTER 48.—COMMON CARRIERS

Art. Sec.

1. Common carriers in general 1471

2. Common carriers of persons 1481

Art.

3. Common carriers of property

Sec. 1491 ARTICLE 1.—COMMON CARRIERS IN GENERAL

Sec. 1471.

1471i. 1473.

1474.

Common carrier, wliat. Obligation to accept freight. Compensation.

Obligations of carrier altered by agreement.

only

Sec. 1475. Certain agreements void. 1476. Effect of written contract. 1477. Loss of valuable letters.

Section 1471. Common carrier, what.—Everyone who offers to the

public to carry persons, property, or messages is a common carrier

of whatever he thus offers to carry.

CeOSS-RE3'ERENCE8

Carriage, in general, see sections 1391 et seq., of this title. Marine carriers, defined, see section 1393 of this title. Rights and liabilities of carriers ; see Carriers of persons, sections 1481 et seq., of this title. Carriers of property, sections 1491 et seq., of this title. 1472. Obligation to accept freight.—A common carrier must, if able to do so, accept and carry whatever is offered to him, at a reasonable time and place, of a kind that he undertakes or is accus- tomed to carry. Ceoss-Refekence Damage for failure to accept freight, see section 2654 of this title. 1473. Compensation.—A common carrier is entitled to a reasonable compensation and no more, which he may require to be paid in

advance. If payment thereof is refused, he may refuse to carry. Cross-Refekencb

Lien Tor freightage, services, and advances, see section 14.59 of this title. 1474. Obligations of carrier altered only by agreement.—The

obligations of a common carrier cannot be limited by general notice on his part, but may be limited by special contract. Ckoss-References

Compare with sections 1476 and 1494 of this title. Limiting liability by special contract, see section 1475 of this title. 1475. Certain agreements void.—A common carrier cannot be

exonerated, by any agreement made in anticipation thereof, from

liability for the gross negligence, fraud, or willful wrong of himself

or his servants. Ceoss-Reference

Contract exempting one from liability for negligent or unlawful acts, illegal,

.see section 9.32 of this title. 1476. Effect of written contract.—A passenger, consignor, or consignee, by accepting a ticket, bill of lading, or written contract for

carriage, with a knowledge of its terms, assents to the rate of hire.

204
THE CIVIL CODE [T. 3, § 1485

the time, place, and manner of delivery therein stated; and also to the limitation stated therein upon the amount of the carrier's liability

in case property carried in packages, trunks, or boxes, is lost or in- jured, when the value of such property is not named ; and also to the

limitation stated therein to the carrier's liability for loss or injury to

live animals carried. But his assent to any other modification of

the carrier's obligations contained in such instrument can be manifested only by his signature to the same.

1477. Loss of valuable letters.—A common carrier is not responsible for loss or miscarriage of a letter, or package having the form

of a letter, containing money or notes, bills of exchange, or other

papers of value, unless he be informed at the time of its receipt of

the value of its contents. Cross-references

Consignor of valuables to declare their nature, see section 1494 of this title. Contract limiting loss where value not stated, see section 1476 of this title. ARTICLE 2.—COMMON CARRIERS OF PERSONS

Sec. 1484. Ejection of passengers. 1485. Fare not payable after ejection.

Sec. 14S1. Liability for luggage. 1482. Regulations for conduct of business. 1483. Fare, when payable. 1481. Liability for luggage.—The liability of a carrier for luggage received by him with a passenger is the same as that of a common carrier of property.

Cross-Reference

Liability of carriers, generally, see section 1491 of this title. 1482. Regulations for conduct of business.—A common carrier of

persons may make rules for the conduct of his business, and may

require passengers to conform to them, if they are lawful, public,

uniform in their application, and reasonable.

Ckoss-Reterence

Ejection of passenger not conforming to regulations, see section 1484 of this

title. 1483. Fare, when payable.—A common carrier may demand the

fare of passengers, either at starting or at any subsequent time.

1484. Ejection of passengers.—^A passenger who refuses to pay

his fare or to conform to any lawful regulation of the carrier, may

be ejected from the vehicle by the carrier. But this must be done

with as little violence as possible, and at any usual stopping place or near some dwelling house.

Cross-Referencb

Power to make rules for regulation of business, see section 1482 of this title. 1485. Fare not payable after ejection.—After having ejected a

passenger, a carrier has no right to require the payment of any

part of his fare.

205
T. 3, § 1491] TEE CIVIL CODE

ARTICLE 3.—COMMON CARRIERS OF PROPERTY

Sec. 1491. Liability of inland carriers for loss. 1492. When exemptions do not apply.

14!Ki. Liability for delay.

14'.i4. Consignor of valuables to declare

their nature.

Sec. 1495. Delivery of freight beyond usual

route. 1496. Proof to be given in case of loss. 1497. Carrier's services, otlier than carriage and delivery. 1491. Liability of inland carriers for loss.—Unless the consignor

accompanies the freiglit and retains exclusive control thereof, an

inland common carrier of property is liable, from the time that he

accepts until he relieves himself from liability pursuant to sections

1434 to 143G of this title, for the loss or injury thereof from any cause whatever, except

1. An inherent defect, vice, or wealcness, or a spontaneous action,

of the property itself;

2. The act of a public enemy of the United States

8. The act of the law ; or

4. Any irresistible superhuman cause. ; CK0SS-ReFB21ENCES

Liability as warehnusciimn, see section 1435 of tliis title. Termination of liability, see sections 1434 to 1436 of this title. 1492. When exemptions do not apply.—A common carrier is lia- ble, even in the cases excepted by the next preceding section, if his

want of ordinary care exposes the property to the cause of the loss. 1493. Inability for delay.—A common carrier is liable for delay

only when it is caused by his want of ordinary care and diligence.

CkOSS-KeI'EIIKNCE Delay in c.iri'iaKe, liability fur, see sections 1415 and 2050 of this title. 1494. Consignor of valuables to declare their nature.—A com- mon carrier of gold, silver, platinum, or precious stones, or of imitations thereof, in a manufactured or unmanufactured state; of time-

])ieces of any description; of negotiable paper or other valuable

writings; of pictures, glass, or chinaware; of statuary, silk or laces; OY of plated ware of any kind, is not liable for more than $50 upon

the loss or injury of any one package of such articles, unless he has

notice, n])on his "receipt thereof, by mark upon the package or other-

,\ase, of the nature of the freight; nor is such carrier liable upon

any package carried for more than the value of the articles named

in the receipt or the bill of lading.

Cboss-Refeirencbs Contract limiting loss where value not declared, see section 1476 of this title. Letters or packages containing valuables, liability for loss of, see section 1477

of this title. 1495. Delivery of freight beyond usual route.—If a common carrier accepts freight for a place beyond his usual route, he must,

unless he stipulates otherwise, deliver it at the end of his route in that

direction to some other competent carrier carrying to the place of

address, or connect(Hl with t^iose who thus carry, and his liability ceases upon making such delivery.

206
THE CIVIL CODE [T. 3, § 1505

Ceoss-Re^'Ebenob

Delivery, in general, see section 1434 of this title. 1496. Proof to be given in case of loss.—If freight addressed to a place beyond the usual route of the common carrier who first re- ceived it is lost or injured, he must, within a reasonable time after

demand, give satisfactory proof to the consignor that the loss or injury did not occur while it was in his charge, or he will be himself

liable therefor.

1497. Carrier's services, other than carriage and delivery.—In

respect to any service rendered by a common carrier about freight,

other than its carriage and delivery, his rights and obligations ar- defined by the chapters on deposit and the chapters on service.

Ceoss-References

Deposit, see sections 1091 et seq., of this title. Service, see sections 1301 et seq., of this title. CHAPTER 49.—TRUSTS IN GENERAL

Art. Sec.

1. Nature and creation of a trust 1501

2. Obligations of trustees 1521

Art. Sec.

3. Obligations of third persons 1541 ARTICLE I.—NATURE AND CREATION OF A TRUST

Sec. 1501. Trusts classified. 1502. Voluntary trust, what.

1503. Involuntary trust, what.

1504. Parties to the contract. 1505. What constitutes one a trustee. 1506. For what purpose a trust may be

created.

Sec. 1507. Voluntary trust, how created as to trustor. 1508. HdW created as to trustee. 1509. Involuntary trustee, who is. 1510. Involuntary trust resulting fraud, mistake, etc. from

Section 1501. Trusts classified.—A trust is either

1. Voluntary; or

2. Involuntary.

1502. Voluntary trust, what.—A voluntary trust is an obligation

arising out of a personal confidence reposed in, and voluntarily ac- cepted by, one for the benefit of another.

1503. Involuntary trust, what.—An involuntary trust is one which is created by operation of law.

Ckoss-Refebence

Involuntary trust, see sections 1509, 1510 and 1541 of this title. 1504. Parties to the contract.—The person whose confidence

creates a trust is called the trustor; the person in whom the confidence is reposed is called the trustee; and the person for whose

benefit the trust is created is called the beneficiary.

1505. What constitutes one a trustee.—Everyone who voluntarily assumes a relation of personal confidence with another is deemed a

trustee, within the meaning of this chapter, not only as to the person

who reposes such confidence, but also as to all persons of whose affairs

he thus acquires information which was given to such person in the

207
T. 3, § 1506] THE CIVIL CODE

like confidence, or over whose affairs he, by such confidence, obtains

any control.

1506. For what purpose a trust may be created.—A trust may

be created for any purpose for which a contract may lawfully be

made, except as otherwise prescribed by the chapter on transfer of

property.

1507. Voluntary trust, how created as to trustor.—A voluntary

trust is created, as to the trustor and beneficiary, by any words or

acts of the trustor, indicating with reasonable certainty

1. An intention on the part of the trustor to create a trust; and

2. The subject, purpose, and beneficiary of the trust. Ceoss-Refeeencbjs

Creation of involuntary trust, see sections 1509 and 1510 of this title. Trusts for benefit of third persons, see section 1552 of this title. 1508. How created as to trustee.—A voluntary trust is created,

as to the trustee, by any words or acts of his indicating, with reasonable certainty

1. His acceptance of the trust, or his acknowledgment, made upon

suflBcient consideration, of its existence; and

2. The subject, purpose, and beneficiary of the trust. 1509. Involuntary trustee, who is.—One who wrongfully detains

a thing is an involuntary trustee thereof, for the benefit of the owner.

Cross-Reifeeences

Compensation of involuntary trustee, see sections 1582 and 1583 of this title. Involuntary trustee, who is, see sections 1503 and 1541 of this title. 1510. Involuntary trust resulting from fraud, mistake, etc.—

One who gains a thing by fraud, accident, mistake, undue influence,

the violation of a trust, or other wrongful act, is, unless he has some

other and better right thereto, an involuntary trustee of the thing

gained, for the benefit of the person who would otherwise have had it. Cross-references

Compensation of involuntary trustee, see sections 1582 and 1583 of this title. Involuntary trustee, who is, see sections 1503, 1509 and 1541 of this title. ARTICLE 2.—OBLIGATIONS OF TRUSTEES

Sec. 1521. Trustee's obligation to good faith. 1522. Trustee not to use property for Ills own profit. 1523. Certain transactions forbidden.

1524. Trustee's influence not be used for

his advantage.

1525. Trustee not to assume a trust adverso to interest of beneficiary. 1526. To disclose adverse interest.

Sec. 1527. Trustee guilty of fraud, when.

1528. Presumption asuinst trustees. 1529. Trustee mingling trust property with

his own.

1530. Measure of liability for breach of

trust. 1531. Same.

1532. Cotrustoos, liow far liable for each

other. 1521. Trustee's obligation to good faith.—In all matters con- nected with his trust, a trustee is bound to act in the highest good

faith toward his beneficiary, and may not obtain any advantage

therein over the latter by the slightest misrepresentation, concealment, threat, or adverse pressure of any kind.

208
THE CIVIL CODE [T. 3, § 1528

1522. Trustee not to use property for his own profit.—A trustee may not use or deal with the trust property for his own profit, or for

any other purpose unconnected with the trust, in any manner.

Ceoss-Reterences Presumption of undue influence on transactions between the trustee and

beneficiary, see section ]528 of this title. Purchaser from trustee charged with the trust when, see section 1541 of this

title. Violations of duties by trustee are fraudulent, see section 1527 of this title. 1523. Certain transactions forbidden.—Neither a trustee nor any

of his agents may take part in any transaction concerning the trust

in which he or anyone for Avhom he acts as agent has an interest,

present or contingent, adverse to that of his beneficiary, except as follows

1. When the beneficiary, having capacity to contract, with a full knowledge of the motives of the trustee, and of all other facts con- cerning the transaction which might affect his own decision, and

without the use of any influence on the part of the trustee, permit^

him to do so

2. When the beneficiary not having capacity to contract, th* proper court, upon the like information of the facts, grants the lik* permission; or

3. When some of the beneficiaries having capacity to contract, and some not having it, the former grant permission for themselves,

and the proper court for the latter, in the manner above prescribed.

Cross-Refeeences

Duty to inform beneficiary of adverse interest, see section 1526 of this title. Undertaking inconsistent trust, see section 1525 of this title. 1524. Trustee's influence not to be used for his advantage.—A

trustee may not use the influence which his position gives him to obtain any advantage from his beneficiary.

1525. Trustee not to assume a trust adverse to interest of beneficiary.—No trustee, so long as he remains in the trust, may undertake another trust adverse in its nature to the interest of his beneficiary in the subject of the trust, without the consent of the latter. Ckoss-Refeubnces

Compare section 1523 of this title. Removal of trustee, see sections 1594 and 1595 of this title. Trustee's duty to disclose adverse interest, see section 1526 of this title. 1526. To disclose adverse interest.—If a trustee acquires any

interest, or becomes charged with any duty, adverse to the interest

of his beneficiary in the subject of the trust, he must immediately

inform the latter thereof, and may be at once removed.

1527. Trustee guilty of fraud, when.—Every violation of the provisions of sections 1521 to 1526 of this title is a fraud against the

beneficiary of a trust. 1528. Presumption against trustees.—All transactions between a

trustee and his beneficiary during the existence of the trust, or while

209
T. 3, § 1529] THE CIVIL CODE

the influence acquired by the trustee remains, by which he obtains

any advantage from his beneficiary, are presumed to be entered

into by the latter without sufficient consideration, and under undue

influence.

1529. Trustee mingling trust property with his own.—A trustee who willfully and unnecessaril}^ mingles the trust property with his

own, so as to constitute himself in appearance its absolute owner, is liable for its safety in all events, and for the value of its use. 1530. Measure of liability for breach of trust.—A trustee who

uses or disposes of the trust property, contrary to section 1522 of this

title, may, at the option of the beneficiary, be required to account for

all profits so made, or to pay the value of its use, and, if he has dis- posed thereof, to replace it, with its fruits, or to account for its proceeds, with interest. Cross-References

Degree of diligence requisite, see section 1562 of this title. Liability for noninvestnient of funds, see section 1565 of this title. 1531. Same.—A trustee who uses or disposes of the trust property

in any manner not authorized by the trust, but in good faith, and

with intent to serve the interests of the beneficiary, is liable only to make good whatever is lost to the beneficiary by his error. 1532. Cotrustees, how far liable for each other.—A trustee is responsible for the wrongful acts of a cotrustee to which he consented, or which, by his negligence, he enabled the latter to commit,

but for no others.

Cross-Reference

Compare with section 1572 of this title. ARTICLE 3.—OBLIGATIONS OF THIRD PERSONS

Sec. 1541. Third persons, when involuntary

trustees.

Sec. 1542. When third person must see to appli- cation of trust property. 1541. Third persons, when involuntary trustees.—Everyone to whom property is transferred in violation of a trust, holds the same

as an involuntary trustee under such trust, unless he purchased it in good faith, and for a valuable consideration.

Cross-Reference

Involuntary trustees, who are, see sections 1503, 1509 and 1510 of this title. 1542. When third person must see to application of trust property.—One who actually and in good faith transfers any money or

other property to a trustee, as such, is not bound to see to the application tliereof, and his rights can in no way be prejudiced by a misapplication thereof by the trustee. Other persons must, at their

peril, see to the proper application of money or other property paid

or delivered by them.

210
THE CIVIL CODE [T. 3, § 15C1 CHAPTER 50.—TRUSTS FOR BENEFIT OF THIRD PERSONS

Art. Sec.

1. Nature and creation of the trust- 1551

'J.. Oblijiations of tnist(H?s 1561

'^. Towers of trustees 1571

4. Uishts of trustees 1581

Art.

5. Termination of tlie trust

(i. Succession or appointment of new

trustees

Sec.

15!)1 100

ARTICLE 1.—NATURE AND CREATION OF THE TllUST

Sec. 1551. Wlio are trustees within scope of

this cliapter. 1552. Creation of trust.

Sec.

]55;5. Trustees appointed by court.

15.54. Declaration of trust. 1555. Same. Section 1551. Who are trustees within scope of this chapter.—

The provisions of this chapter apply only to express trusts, created

for the benefit of another than the trustor, and in which the title to the trust property is vested in the trustee ; not including, however,

those of executors, administrators, and guardians, as such.

1552. Creation of trust.—The mutual consent of a trustor and

trustee creates a trust of which the beneficiary may take advantage

at any time prior to its rescission.

CR08S-REIFE3iENCES Promise for bouodt of third person, see section 814 of this title. Revoljiug trust, beneficiary's consent necessary, see section 1592 of this title. 1553. Trustees appointed by court.—When a trustee is appointed

by a court or public officer, as such, such court or officer is the trustor,

within the meaning of the next preceding section.

1554. Declaration of trust.—The nature, extent, and object of a

trust are expressed in the declaration of trust. 1555. Same.—All declarations of a trustor to his trustees, in rela- tion to the trust, before its acceptance by the trustees, or any of them,

are to be deemed part of the declaration of the trust, except that

when a declaration of trust is made in writing, all previous declarations by the same trustor are merged therein.

ARTICLE 2.—OBLIGATIONS OF TRUSTEES

Sec. 1561. Trustees must obey declaration of

trust. 1562. Degree of care and diligence in exe- cution of trust. 1563. Duty of trustee as to appointment

of successor.

Sec. 1564. 1565.

1566.

Investment of money by trustee. Interest, simple or compound, on

omission to invest trust moneys. Purchase by trustee of claims against

trust fund.

1561. Trustees must obey declaration of trust.—A trustee must

fulfill the purpose of the trust, as declared at its creation, and must

follow all the directions of the trustor given at that time, except as modified by the consent of all parties interested, in the same manner,

and to the same extent, as an employee.

Ckoss-Rb2ferenoes Authority of trustee, generally, see section 1571 of this title. Trustee not to profit or lose, see title 4, section 1563.

211
T. 3, § 1562] TEB CIVIL CODE

1562. Degree of care and diligence in execution of trust.—A

trustee, whether he receives any compensation or not, must use at

least ordinary care and diligence in the execution of his trust. Cross-Refekence

Obligations of trustees, see, generally, sections 1521 et seq., of this title. 1563. Duty of trustee as to appointment of successor.—If a

trustee procures or assents to his discharge from his office, before his

trust is fully executed, he must use at least ordinary care and

diligence to secure the appointment of a trustworthy successor before

accepting his own final discharge.

CROSS-liBFEnENCE

Succession or appointment of new trustees, see sections 1601 et seq., of

this title. 1564. Investment of money by trustee.—A trustee must invest

money received by him under the trust, as fast as he collects a

sufficient amount, in such manner as to afford reasonable security

and interest for the same.

Cross-Rei-'erence Liability for interest or failure to invest funds, see sertion 1505 of this title. 1565. Interest, simple or compound, on omission to invest trust moneys.—If a trustee omits to invest the trust moneys according to the next preceding section, he must pay simple interest thereon, if such omission is negligent merely, and compound interest if it is willful.

Cross-Reference

Trustee's liability for interest, compare with section 1530 of this title. 1566. Purchase by trustee of claims against trust fund.—A

trustee cannot enforce any claim against the trust property which he

purchases after or in contemplation of his appointment as trustee; but he may be allowed, by any competent court, to charge to the

tru.st property what he has in good faith paid for the claim, upon

discharging the same.

Cross-Re!ference

Purchasing debts against the trust estate prohibited, see section 1523 of this

title. ARTICLE 3.—POWERS OF TRUSTEES

Sec. 1571. Trustee's powers as agent. 1572. All must act.

Sec. 1573. Discrelioiuiry powers.

1571. Trustee's powers as agent.—A trustee is a general agent

for the trust property. His authority is such as is conferred upon

him by the declaration of trust and by this chapter, and none other.

His acts, within the scope of his authority, bind the trust property

to the same extent as the acts of an agent bind his principal.

Cross-Reiferences

Agent's acts binding principal, see sections 1651 et seq., of this title. For what purposes trusts may be created, see section 1500 of this title. Powers to two or more trustees, see section 1572 of this title,

212
THE CIVIL CODE [T. 3, § 1583

1572. All must act.—Where there are several cotrustees, all must

unite in any act to bind the trust property, unless the declaration

of trust otherwise provides.

Ceoss-Reterences

Liability for acts of cotrustee, see section 1532 of this title. Survival of trust, see section 1602 of this title. Executors, when one or majority may act, sec title 4, section 1289. 1573. Discretionary powers.—A discretionary power conferred

upon a trustee is presumed not to be left to his arbitrary discretion,

but nia}^ be controlled by the proper court if not reasonably exercised,

unless an absolute discretion is clearly conferred by the declaration

of trust. ARTICLE 4.—RIGHTS OF TRUSTEES

Sec. 1583. Involuntary trustee.

Sec.

1.'">S1. Indemnification of trustee. 15S2. Compensation of trustee. 1581. iRdemnification of trustee.—A trustee is entitled to the re- payment, out of the trust property, of all expenses actually and

properly incurred by him in the performance of his trust. He is entitled to the repayment of even unlawful expenditures, if they were productive of actual benefit to the estate. Cross-Reference

Reimbursement on purchase of claims against estate, see section 1566 of this

title. 1582. Compensation of trustee.—Except as provided in section

1672 of title 4, when a declaration of trust is silent upon the subject

of compensation the trustee is entitled to the same compensation as an executor. If it specifies the amount of his compensation, he is entitled to the amount thus specified and no more. If it directs that

he shall be allowed a compensation but does not specify the rate or amount, he is entitled to such compensation as may be reasonable

under the circumstances. If there are two or more trustees, the

compensation shall be apportioned among the trustees according to the services rendered by them respectively.

Cross-Reference

Involuntary trustee entitled to no compensation when, see section 1583 of

this title. Compensation of executors, see title 4, section 1567. 1583. Involuntary trustee.—An involuntary trustee, who becomes

such through his own fault, has none of the rights mentioned in this

article. Cross-Referencb

Involuntary trustee, defined, see sections 1503, 1509 and 1510 of this title.

213
T. 3, § 1591] TUB CIVIL CODE

ARTICLE 5.—TEKMINATION OF THE TRUST

Sec. 1391. Trust, Low ( xtiDgui.shed. 1592. Not revocable. 1593. Trustee!s office, how racatod.Sec.

15S>4. Trustee, how discharged.

1505. Removal l)y district court.

1591. Trust, how extinguished.—A trust is extinguished by the

entire fulfilhnent of its object, or by such object beconiino- impossible

or unlawful.

1592. Not revocable.—A trust cannot be revoked by the trustor

after its acceptance, actual or presumed, by the trustee and beneficiaries, except by the consent of all the beneficiaries, unless the

declaration of trust reserves a power of revocation to the trustor, and

in that case the power must be strictly pursued.

1593. Trustee's office, how vacated.—The office of a trustee is vacated

1. By his death ; or

2. By his discharge.

1594. Trustee, how discharged.—A trustee can be discharged

from his trust only as follows

1. By the extinction of the trust

2. By the completion of his duties under the trust

3. By such means as may be prescribed by the declaration of trust;

4. By the consent of the beneficiary, if he have capacity to contract;

5. By the judgment of a competent tribunal, in a direct proceeding

for that purpose, that he is of unsound mind ; or

6. By the district court. 1595. Removal by district court.—The district court may remove any trustee who has violated or is unfit to execute the trust, or may

accept the resignation of a trustee. CROSS-REnrERENCE Removal for adverse interest, see section 1526 of this title. ARTICLE G.—SUCCESSION OR APPOINTMENT OF NEW TRUSTEES

court to appoint trustee

Sec. Soc. 1601. Appointment of trustee by court to 1003. District

till vacancy. when.

3G02. Survivorship between cotrustees. 1601. Appointment of trustee by court to fill vacancy.—The district court must appoint a trustee whenever there is a vacancy, and

the declaration of trust does not provide a practical method of appointment. In all cases of appointment of any trustee or trustees by

any court, if the cestui que trustent, or any one of them are of the

age of fourteen years, they, or the one or more of them of the age of

fourteen years, may make nomination, to the court, and unless such

nominee or nominees are incompetent, upon one or more of the

grounds of incompetency specified in Title 4, The Code of Civil

Procedure, to discharge the duties of trustee, the court must appoint

such nominee, or nominees, as trustee, or trustees, as the case may be.

214
THE CIVIL CODE [T. 3, § 1616

1602. Survivorship between cotrustees.—On the death, renunciation, or discharge of one of several cotrustees the trust survives to the others.

1603. District court to appoint trustee when.—When a trust

exists without any appointed trustee, or where all the trustees re- nounce, die, or are discharged, the district court must appoint another

trustee and direct the execution of the trust. The court may, in its discretion, appoint the original number, or any less number of

trustees. CHAPTER 51.—AGENCY IN GENERAL

Art. Sec.

\. Definition of agency 1611

2. Auttiority of acents 1621

3. Mutual obligations of principals and third persons 1631

Art. Sec.

4. Obligations of agents to third per- sons 1671

.5. Delegation of agency 1681

6. Termination of agency 1091 ARTICLE 1.—DEFINITION OF AGENCY

Sec. 1014. Agency, actual or ostensible.

IfilS. Actual agency.

1616. Ostensible agency.

Sec. 1611. Agency, what.

1G12. Who may appoint, and who may be an agent.

161.3. Agents, general or special. Section 1611. Agency, what.—An agent is one who represents

another, called the principal, in dealings with third persons. Such

representation is called agency.

Cross-Refekences

Agents, see sections 1361 to 1364 of this title. Factors, see sections 1371 et seq., of this title. 1612. Who may appoint, and who may be an agent.—Any person

having capacity to contract may appoint an agent, and any person

may be an agent.

1613. Agents, general or special.—An agent for a particular act or transaction is called a special agent. All others are general

agents.

1614. Agency, actual or ostensible.—An agency is either actual or ostensible.

Ceoss-Refekences

Actual agent's authority, see sections 1632, 1633, and 1636 of this title. Ostensible agent's authority, see sections 1632, 1634 to 1636, and 1655 of

this title. 1615. Actual agency.—An agency is actual when the agent is really employed by the principal.

1616. Ostensible agency.—An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person

to believe another to be his agent who is not really employed by him.

Cross-Reference

Compare section 1634 of this title.

?J5
T. 3, §1621] THE CIVIL CODE

ARTICLE 2.—AUTHORITY OF AGENTS

Sec. 1621. What authority may be conferred. 1622. Agent may perform acts required of

principal by this title. 1623. Agent cannot have authority to de- fraud principal. 1624. Creation of agency.

1625. Consideration unnecessary.

1626. Form of authority. 1627. Ratification of part of a transaction. 1628. Ratiflcation of agent's act. 1629. When ratiflcation void. 1630. Ratiflcation not to work injury to third persons. 1631. Rescission of ratiflcation. 1632. Measure of agent's authority. 1633. Actual authority, what.

Sec. 1634. Ostensible authority, what.

1635. Agent's authority as to persons having notice of restrictions upon it. 1636. Agent's necessary authority.

1637. Agent's power to disobey instructions. 1638. Authority to be construed by its specific rather than by. its general

terms.

1639. Exceptions to general authority. 1640. What included in authority to sell personal property.

1641. Authority of general agent to receive

price of property. 1642. Authority of special agent to receive

price.

1621. What authority may be conferred.—An agent may be

authorized to do any acts which his principal might do, except those

to which the latter is bound to give his personal attention.

Cross-Reference

Delegation of authority by agent, see sections 1681 to 1683 of this title. 1622. Agent may perform acts required of principal by this

title.—Every act which, according to this title, may be done by or to any person, may be done by or to the agent of such person for that

purpose, unless a contrary intention clearly appears.

1623. Agent cannot have authority to defraud principal.—An

agent can never have authority, either actual or ostensible, to do

an act which is, and is known or suspected by the person with whom

he deals, to be a fraud upon the principal.

1624. Creation of agency.—An agency may be created, and an

authority may be conferred by a precedent authorization or a subsequent ratification.

1625. Consideration unnecessary.—A consideration is not neces- sary to make an authority, whether precedent or subsequent, binding

upon the principal.

1626. Form of authority.—An oral authorization is sufficient for

any purpose, except that an authority to enter into a contract re- quired by law to be in writing can only be given by an instrument

in writing.

Ceoss-Refeeences

Power of attorney to execute mortgage, see section 2212 of this title. Statute of frauds, see sections 886 and 984 of this title. 1627. Ratification of part of a transaction.—Ratification of part

of an indivisible transaction is a ratification of the whole.

1628. Ratification of agent's act.—A ratification can be made only

in the manner that would have been necessary to confer an original

authority for the act ratified, or where an oral authorization would

suffice, by accepting or retaining the benefit of the act with notice

thereof.

Ckoss-Refekenc?es

Ratification of part, see section 1627 of this title. Ratification is not binding, and may be rescinded, if made without full knowledge of the facts, see section 1631 of this title.

216
THE CIVIL CODE [T. 3, § 1637

1629. When ratification void.—A ratification is not valid unless,

at the time of ratifying the act done, the principal has power to confer authority for such an act. 1630. Ratification not to work injury to third persons.—No unauthorized act can be made valid, retroactively, to the prejudice of

third persons, withcrut their consent. 1631. Rescission of ratification.—A ratification may be rescinded

when made without such consent as is required in a contract, or with an imperfect Iniowledge of the material facts of the transaction

ratified, but not otherwise.

1632. Measure of agent's authority.—An agent has such authority as the principal, actually or ostensibly, confers upon him.

Ceoss-Reiferences

Actual agent, defined, see section 1615 of this title. Extent of authority, see sections 1635 to 1637 and 1651 of this title. Ostensible agency, see sections 1634 to 1636, 1651 and 1655 of this title. 1633. Actual authority, what.—Actual authority is such as a

principal intentionally confers upon the agent, or intentionally, or by

want of ordinary care, allows the agent to believe himself to possess. 1634. Ostensible authority, what.—Ostensible authority is such

as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.

Cross-Reifeeencbs

Estoppel from a subsequent ratification, see sections 1624, 1628 and 1629 to 1631 of this title. Ostensible agent, defined, see section 1616 of this title. 1635. Agent's authority as to persons having notice of restrictions upon it.—Every agent has actually such authority as is defined

by this chapter and chapter 52 of this title, unless specially deprived

thereof by his principal, and has even then such authority ostensibly,

except as to persons who have actual or constructive notice of the

restriction upon his authority.

Cross-Rbfekbnce

Extent of authority, see sections 1632, 1636, 1637 and 1651 of this title. 1636. Agent's necessary authority.—An agent has authority

1. To do everything necessary or proper and usual, in the ordinary

course of business, for effecting the purpose of his agency ; and

2. To make a representation respecting any matter of fact, not

including the terms of his authority, but upon which his right to use

his authority depends, and the truth of which cannot be determined

by the use of reasonable diligence on the part of the person to whom

the representation is made.

ChOSS-REFE31ENCB Extent of authority, see sections 1632, 1635, 1637 and 1651 of this title. 1637. Agent's power to disobey instructions.—An agent has

power to disobey instructions in dealing with the subject of the

93083—34 15 217
T. 3, § 1638] THE CIVIL CODE

agency, in cases where it is clearly for the interests of his principal

that he should do so, and there is not time to communicate with the

principal.

CROSS-RETirKENCE Extent of authority, see sections 1632. 1635, 1636 and 1651 of this title. 1638. Authority to be construed by its specific rather than by

its general terms.—When an authority is given partly in general

and partly in specific terms, the general authority gives no higher

powers than those specifically mentioned.

1639. Exceptions to general authority.—An authority expressed

in general terms, however broad, does not authorize an agent

1. To act in his own name, unless it is the usual course of business

to do so

2. To define the scope of his agency ; or

3. To do anv act which a trustee is forbidden to do bj'' sections

1521 to 1532 of this title. Ckoss-References

Defining scope of agency, see section 1636 of this title. Obligation of trustees, see sections 1521 to 1532 of this title. 1640. What included in authority to sell personal property.—An

authority to sell personal property includes authority to warrant the

title of the principal and the quality and quantity of the property.

1641. Authority of general agent to receive price of property.—

A general agent to sell, who is intrusted by the principal with the

possession of the thing sold, has authority to receive the price.

Cross-Reference

Agent to collect, see section l.'>63 of this title. 1642. Authority of special agent to receive price.—A special

agent to sell has autliority to receive the price on delivery of the

thing sold, but not afterwards.

ARTICLE 3. MUTUAL OBLIGATIONS OF PRINCIPALS AND THIRD

PERSONS

Sec. 1651

Sec. 1656. When exclusive credit is given to

iiKent. 1G57. IJiRlits of person who deals with

;iL:(>nt without Ivnowledge of agency.

In.stiuini lit intended to bind principal diK^s l)ind liim. Principal's responsibility for agent's

negligence, wrongful act, or omission. Same.

1658.

1 659.

1660.

Principal, how affected by acts of agent within the scope of his authority. 1652. Principal, when bound by incomplete

execution of authority. 1653. Notice to agent, when notice to principal. 1654. Obligation of principal when agent

exceeds his authority. 1655. For acts done under a merely ostensible authority. 1651. Principal, how affected by acts of agent within the scope

of his authority.—An agent represents his principal for all purposes

within the scope of his actual or ostensible authority, and all the

rights and liabilities which would accrue to the agent from transactions within such limit, if they had been entered into on his own

account, accrue to the principal.

Cross-Referenoe

Extent of agent's authority, see sections 1632, and 1635 tp 1637 of tl^is title. »8
THE CIVIL CODE [T. 3, § 16G(J 1652. Principal, when bound by incomplete execution of authority.—A principal is bound by an incomplete execution of an authority

when it is consistent with the whole purpose and scoi)e thereof, but

not otherwise.

1653. Notice to agent, when notice to principal.—As against a

principal, both principal and agent are deemed to have notice of

whatever either has notice of, and ought, in good faith and the

exercise of ordinary care and diligence, to communicate to the other.

1654. Obligation of principal when agent exceeds his authority.—When an agent exceeds his authority, his principal is bound

by his authorized acts so far only as they can be plainly sepai'ated

from those which are unauthorized.

1655. For acts done under a merely ostensible authority.—

principal is bound by acts of his agent, under a merely ostensible

authority, to those persons only who have in good faith, and without

want of ordinary care, incurred a liability or parted with value, upon

the faith thereof.

Cross-Reference

Ostensible authority, see sections 1634 to 1636 of this title. 1656. When exclusive credit is given to agent.—If exclusive

credit is given to an agent by the person dealing witli him, his

principal is exonerated by payment or other satisfaction made by

him to his agent in good faith, before receiving notice of the

creditor's election to hold him responsible.

1657. Rights of person who deals with agent without knowledge

of agency.—One who deals with an agent without knowing or having

reason to believe that the agent acts as such in the transaction, may

set off against any claim of the principal arising out of the same, all claims which he might have set off against the agent before notice

of the agency.

1658. Instrument intended to bind principal does bind him.—An

instrument within the scope of his authority by which an agent

intends to bind his principal, does bind him if such intent is plainly

inferable from the instrument itself. 1659. Principars responsibility for agent's negligence, wrongful act, or omission.—Unless required by or under the authority of

law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of

the business of the agency, including wrongful acts committed by

such agent in and as a part of the transaction of such business, and

for his willful omission to fulfill the obligations of the principal.

1660. Same.—A principal is responsible for no other w^rongs committed by his agent than those mentioned in the next preceding sec- tion, unless he has authorized or ratified them, even though they are committed while the agent is engao-ed in his service.

219
T. 3, § 1671] THE CIVIL CODE

ARTICLE 4.—OBLIGATIONS OF AGENTS TO THIRD PERSONS

Sec. 1671. Warranty of authority. 1G72. Agent's responsibility to third persons.

Sec. 1673. Obligation of agent to surrender

property to third person. 1674. This article subject to chapter on

persons. 1671. Warranty of authority.—One who assumes to act as an

agent thereby warrants, to all who deal with him in that capacity,

that he has the authority which he assumes.

Ceoss-Refekence

Damages for breach of warranty of authority, see section 2657 of this title. 1672. Agent's responsibility to third persons.—One who assumes

to act as an agent is responsible to third persons as a principal for

his acts in the course of his agency, in any of the following cases, and in no others

1. When, with his consent, credit is given to him personally in a

transaction

2. When he enters into a written contract in the name of his principal, without believing, in good faith, that he has authority to do so; or

3. When his acts are wrongful in their nature. 1673. Obligation of agent to surrender property to third person.—If an agent receives anything for the benefit of his principal,

to the possession of which another person is entitled, he must, on demand, surrender it to such person, or so much of it as he has

under his control, at the time of demand, on bein^ indemnified for

any advance which he has made to his principal, m good faith, on

account of the same ; and is responsible therefor, if, after notice from

the owner, he delivers it to his principal.

Ceoss-Reference

Compare with sections on deposit, see sections 1101, 1104, and 1105 of this

title.1674. This article subject to chapter on persons.—The provisions of this article are subject to the provisions of sections 21 to 34

of this title. ARTICLE 5.—DELEGATION OP AGENCY

Sec. 1683. Subagent, rightfully appointed, rep- resents principal.

Sec. 1681. Agent's delegation of his powers.

1682. Agent's unauthorized employment of subagent.

1681. Agent's delegation of his powers.—An agent, unless specially forbidden by his principal to do so, can delegate his powers

to another person in any of the following cases, and in no others

1. When the act to be done is purely mechanical

2. When it is such as the agent cannot himself, and the subagent can lawfully perform

3. When it is the usage of the place to delegate such powers ; or

4. When such delegation is specially authorized by the principal.

220
THE CIVIL CODE [T. 3, § llOU

1682. Agent's unauthorized employment of subagent.—If an

agent employs a subagent without authority, the former is a principal and the latter his agent, and the principal of the former has no

connection with the latter. Cross-Referenck

As to liability of agent of an agent to principal, see section 1364 of this title. 1683. Subagent, rightfully appointed, represents principal.—

subagent, lawfully appointed, represents the principal in like manner with the original agent ; and the original agent is not responsible

to third persons for the acts of the subagent.

ARTICLE 6.—TERMINATION OF AGENCY

Sec.

I Sec. 1691. Termination of agency. I 1692. Same. 1691. Termination of agency.—An agency is terminated, as to every person having notice thereof, by

1. The expiration of its term;

2. The extinction of its subject;

3. The death of the agent;

4. His renunciation of the agency ; or

5. The incapacity of the agent to act as such.

1692. Same.—Unless the power of an agent is coupled with an

interest in the subject of the agency, it is terminated, as to every

person having notice thereof, by

1. Its revocation by the principal;

2. His death; or

3. His incapacity to contract. CHAPTER 52.—FACTORS

Sec.

I Sec. 1701. Factor, what. 1703. Ostensible authority.

1702. Actual authority of factor. I Section 1701. Factor, what.—A factor is an agent, as defined by

section 1371 of this title. 1702. Actual authority of factor.—In addition to the authority

of agents in general, a factor has actual authority from his principal,

unless specially restricted

1. To insure property consigned to him uninsured;

2. To sell, on credit, anything intrusted to him for sale, except such

things as it is contrary to usage to sell on credit; but not to pledge,

mortgage, or barter the same; and

3. To delegate his authority to his partner or servant, but not to any person in an independent employment.

Ceoss-Reference

Sale on credit by factor, see section 1373 of this title. 1703. Ostensible authority.—A factor has ostensible authority to deal with the property of his principal as his own, in transactions

with persons not having notice of the actual ownership.

221
T. 3, § 1711] THE CIVIL CODE

CHAPTER 53.—PARTNERSHIP IN GENERAL

Art. Sec.

1. What constitutos a i>nrln(>r.ship__ 1711

2. I'aitiiershii) pioijcrty 1721

Art. Sec.

."1. Miilu;il obligation of partniMs ITol

-1. lUiuiuciaiiou ot paitnersliip 1741 ARTICLE 1.—WHAT CONSTITUTES A PARTNERSHIP

See.

J 711. Partnersbip, what.

1712. Shipowners.

Sec. 1713. Furuiation of partiier.sliip. Section 1711. Partnership, what.—Partnership is the association

of two or more persons, for the piirpo.se of carrying" on business

together, and dividing its profits between them.

Cross-References

Dividing pvolits implies divisiou of losses, see section 1724 oi tliis title. General partnersliip, what, see section 1751 of tliis title. 1712. Shipowners.—Part owners of a ship do not, by simply using

it in a joint enterprise, become partners as to the ship.

1713. Formation of partnership.—A partnership can be formed

only by the consent of all the parties thereto, and therefore no new

partner can be admitted into a partnership without the consent of

eveiy existing member thereof.

Ceoss-Reference

Formation of special partnership, see sections 1811 et seq., of this title. ARTICLE 2.—PARTNERSHIP PROPERTY

See. 1721. Partnership property, what.

1722. Partner's interest in partnership

property.

1723. Partner's share in profits and losses. 1724. When division of losses implied.

Sec. 1725. Partner may require application of partnership property to payment of debts. 172G. Wl;at property is partner.ship property by presumption.

1721. Partnership property, what.—The property of a partnership consists of all that is contributed to the coinmon stock at the

formation of the partnership, and all that is subsequently acquired

thereby.

1722. Partner's interest in partnership property.—The interest

of each member of a partnership extends to every portion of its property.

1723. Partner's share in profits and losses.—In the absence of any

agreement on the subject the sliiires of partners in the profit or loss of the business are equal, and the share of each in the partnership

property is the value of his original contributions, increased or di- minished by his share of profit or loss. Cboss-Refeeence

Accounting between partners, see section 1733 of this title. 1724. When division of losses implied.—An agreement to divide

the profits of a business implies an agreement for a corresponding

division of its losses, unless it is otherwise expressly stipulated.

222
THE CIVIL CODE [T. 3, § 1741

1725. Partner may require application of partnership property

to payment of debts.—Each member of a partnership may require

its property to be applied to the discliarge of its debts, and has a lien

upon the shares of the other partners for this purpose, and for the

payment of the general balance, if any, due to him.

1726. What property is partnership property by presumption.—

Property acquired with partnership funds is presumed to be partnership l^ropert3^

ARTICLE 3.—MUTUAL OBLIGATION OF PARTNERS

Sec. 1731. Partners trustees for each other. 1732. Good faith to be observed between

them.

Sec. 1733. Mutual liability of partners to account.

1734. No compensation for services to firm. 1731. Partners trustees for each other.—The relations of part- ners are confidential. They are trustees for each other within the

meaning of chapter 49 of this title, and their obligations as such

trustees are defined by that chapter.

Cross-Reference For chapter 49, see sections 1501 et seq., of this title. 1732. Good faith to be obsei-ved between them.—In all proceedings connected with the formation, conduct, dissolution, and liquidation of a partnership, every partner is bound to act in the highest

good faith toward his copartners. He may not obtain any advantage

over them in the partnership affairs by the slightest misrepresentation, concealment, threat, or adverse pressure of any kind.

Cross-Ret'erences

In what business partner may not engage, see section 1772 of this title. Mutual obligations of partners, see sections 1771 et seq., of this title. Partner's act in bad faith, effect of, see section 1764 of this title. Fraud in affairs of partnership, see title 5, section 704. 1733. Mutual liability of partners to account.—Each member of a partnership must account to it for everything that he receives on

account thereof, and is entitled to reimbursement therefrom for

everything that he properly expends for the benefit thereof, and to be indemnified thereby for all losses and risks which he necessarily

incurs on its behalf.

Cross-Reference

Partner's acts bind firm, see section 1762 of this title. 1734. No compensation for services to firm.—A partner is not

entitled to any compensation for services rendered by him to the

partnership, except by special agreement.

ARTICLE 4.—RENUNCIATION OF PARTNERSHIP

Sec. 1741. Renunciation of future profits exonerates from liability.

Sec. 1742. Effect of renunciation.

1741. Renunciation of future profits exonerates from liability.—

A partner may exonerate himself from all future liability to a third

person, on account of the partnership, by renouncing, in good faith,

223
T. 3, § 1742] THE CIVIL CODE

all participation in its future profits, and giving notice to such third

person, and to his own copartners, that he has made such renunciation, and that, so far as may be in his power, he dissolves the

partnership and does not intend to be liable on account thereof for

the future.

Ckoss-Re:ference

Dissolution of partnership, see sections 1791 et seq., of tliis title. 1742. Eflfect of renunciation.—After a partner has given notice

of his renunciation of the partnership, he can not claim any of its subsequent profits, and his copartners may proceed to dissolve the

partnership.

Cboss-Re^-eeences

Dissolution of partnership, see section 1791 of this title. Liquidation of partnership, see sections 1801 et seq., of this title. CHAPTER 54.—GENERAL PARTNERSHIP

Art. Sec.

| Art. Sec.

1. What is a general partnership 1751 j 4. Liability of partners 17S1

2. Powers and authority of partners. 1761 5. Termination of partnership 1791

3. Mutual obligations of partners 1771 I 6. Liquidation 1801 ARTICLE 1.—WHAT IS A GENERAL PARTNERSHIP

Section 1751. General partnership, what.—Every partnership

that is not formed in accordance with the law concerning special

partnerships, and every special partnership, so far only as the

general partners are concerned, is a general partnership.

Ckoss-Refekences

Partnership, what, see section 1711 of this title. Special partnerships, see section iSll to 1844 of this title. Special partnership becomes general partnership when, see section 1843 of

this title.ARTICLE 2.—POWERS AND AUTHORITY OF PARTNERS

1761. Power of majority of partners. 1762. Authority of individual partners.

Sec. 1763. What authority partner has not. 1764. Partner's acts in bad faith, when

ineffectual. 1761. Power of majority of partners.—Unless otherwise expressly

stipulated, the decision of the majority of the members of a general

partnership binds it in the conduct of its business.

Cboss-Restebence Powers, rights, and duties of special partners, see sections 1821 et seq., of this

title. 1762. Authority of individual partner.—Every general partner

is agent for the partnership in the transaction of its business, and has

authority to do whatever is necessary to cari'y on such business in the ordinary manner, and for this purpose may bind his copartners

by an agreement in writing.

Cross-References

Common liability for losses, see section 1733 of this title. Liability of partners for each other's acts, see section 1782 of this title. Declarations of partners, admissibility of, see title 4, section 1888.

224
THE CIVIL CODE [T. 3, § 1774

1763. What authority partner has not.—A partner, as such, has

not authority to do any of the following acts unless his copartners

have wholly abandoned the business to him or are incapable of

acting

1. To make an assignment of the partnership property or any portion thereof to a creditor, or to a third person in trust for the benefit

of a creditor, or of all creditors;

2. To dispose of the good will of the business

3. To dispose of the whole of the partnership property at once,

unless it consists entirely of merchandise;

4. To do any act which would make it impossible to carry on the

ordinary business of the partnership

5. To confess a judgment;

6. To submit a partnership claim to arbitration ; or

7. To do any other act not within the scope of section 1762 of this

title. 1764. Partner's acts in bad faith, when ineffectual.—A partner

is not bound by any act of a copartner, in bad faith toward him,

though within the scope of the partner's powers, except in favor of

persons who have in good faith parted with value in reliance upon

such act. Ckoss-Refekences

Good faith, duty to observe, see section 1732 of this title. Liability of partners for each other's acts, see section 17S2 of this title. Partners are trustees for each other, see section 1731 of this title. ARTICLE 3.—MUTUAL OBLIGATIONS OF PARTNERS

Sec.

I Sec. 1771. Profits of individual partner. 1773. In what he may engage.

177-'. In what business partner may not 1774. Must account to Arm for profits, engage. I 1771. Profits of individual partner.—All profits made by a general partner, in the course of any business usually carried on by the

partnership, belong to the firm. Cross-Refeeencb

Mutual obligations of partners, see sections 1731 et seq., of this title. 1772. In what business partner may not engage.—A general

partner who agrees to give his personal attention to the business of

the partnership may not engage in any business which gives him an

interest adverse to that of the partnership or which prevents him

from giving to such business all the attention wliich would be

advantageous to it. Ceoss-Refekence

Accounting by partner, see section 1774 of this title. 1773. In what he may engage.—A partner may engage in any

separate business except as otherwise provided by sections 1771 and

1772 of this title. 1774. Must account to firm for profits.—A general partner trans- acting business contrary to the provisions of this article may be

225
T. 3, §1781] THE CIVIL CODE

required by any copartner to account to the partnership for the

profits of such business.

ARTICLE 4.—LIABILITY OF PARTNERS

Sec. 1781. Liability of partners to third persons.

1782. Liability for each other's acts as agents.

Sec. 1783. Liability of one held out as partner.

1784. No one liable as partner unless held out as such. 1781. Liability of partners to third persons.—Every general

partner is liable to third persons for all the obligations of the partnership, jointly with his copartners.

Ckoss-Refeeences

As to joint and several obligations generally, see sections 681 et seq., of this

title. Effect of release of one of several joint debtors, see section 793 of this title. Liability of general partners in special partnership, see section 1831 of this

title. Liability of special partners, see section 1832 of this title. Proceedings against joint debtors generally, see title 4, sections 901 et seq. Special partner liable as general partner when, see section 1833 of this title. 1782. Liability for each other's acts as agents.—The liability of

general partners for each other's acts is defined by chapter 51 of this

title on agency.

Ckoss-References

Acts a partner is not authorized to do, see section 1763 of this title. Authority of individual partner, see section 1762 of this title. Effect of acts of partner done in bad faith, see section 1764 of this title. Agency, see sections 1611 to 1692 of this title. Declarations of partners, admissibility of, see title 4, section 1888. 1783. Liability of one held out as partner.—Anyone permitting

himself to be represented as a partner, general or special, is liable, as such, to third persons to whom such representation is communicated, and who, on the faith thereof, give credit to the partnership.

1784. No one liable as partner unless held out as such.—No one

is liable as a partner who is not such in fact, except as provided in the next preceding section.

ARTICLE 5.—TERMINATION OF PARTNERSHIP

Sec. 1791. liur.ition of partnership.

1792. Total dissolution of partnership.

1793. Partial dissolution.

Sec. 1794. Partner entitled to dissolution. 1795. Notice of termination.

1796. Notice by change of name. 1791. Duration of partnership.—If no term is prescribed by

agreement for its duration, a general partnership continues until

dissolved by a partner or by operation of law.

Cross-references

Dissolution of special partnership, see section 1843 of this title. Liquidation of partnership, .see sections 18U1 et seq., of this title. Renunciation of partnership by partner, see sections 1741 and 1742 of this

title. 1792. Total dissolution of partnership.—A general partnership is dissolved as to all the partners

226
THE CIVIL CODE [T. 3, § 17U(i

1. By lapse of the time prescribed by agreement for its duration

2. By the expressed will of any partner, if there is no such agreement;

3. By the death of a partner;

4. By the transfer to a person, not a partner, of the interest of

any partner in the partnership property;

5. By war, or the prohibition of commercial intercourse between

the country in which one partner resides and that in which another

resides; or

6. By a judgment of dissolution.

Cross-Reifekences

Partner's power aftor dissolution of firm, see sections 1801 et seq., of this title. Renunciation of partnership by partner, see sections 1741 and 1742 of this

title. Special partnership, dissolution of, see section 1843 of this title. Rights and duties of survivor, see title 4, section 1525. 1793. Partial dissolution.—A general partnership may be dis- solved, as to himself only, by the expressed will of any partner, not- withstanding his agreement for its continuance, subject, however, to

liability to his copartners for any damage caused to them thereby,

unless the circumstances are such as entitle him to a judgment of

dissolution.

1794. Partner entitled to dissolution.—A general partner is entitled to a judgment of dissolution

1. When he, or another partner, becomes legally incapable of

contracting

2. When another partner fails to perform his duties under the

agreement of partnership, or is guilty of serious misconduct; or

3. When the business of the partnership can be carried on only at a permanent loss. Ceoss-Refeeej^CE

Dissolution on renunciation of partnership by copartner, see section 1742 of

this title. 1795. Notice of termination.—The liability of a general partner

for the acts of his copartners continues, even after a dissolution of

the copartnership, in favor of persons who have had dealings with

and given credit to the partnership during its existence, until they

have had personal notice of the dissolution; and in favor of other

persons until such dissolution has been advertised in a newspaper

printed in English and of general circulation in the Canal Zone, to the extent in either case to which such persons part with value in

good faith, and in the belief that such partner is still a member of

the firm.

Ceoss-Refebence

Compare section 1843 of this title. 1796. Notice by change of name.—A change of the partnership

name, which plainly indicates the withdrawal of a partner, is suffi- cient notice of the fact of such withdrawal to all persons to whom

227
T. 3, § 1801] THE CIVIL CODE

it is communicated ; but a change in the name, which does not contain

such an indication, is not notice of the withdrawal of any partner.

ARTICLE 6.—LIQUIDATION

Sec. Sec. 1804. Powers of partners in liquidation. 1805. What partner may do in liquidation.oec. 1801. Powers of partners after dissolution. 1802. Who may act in liquidation. 1803. Who may not act in liquidation. 1801. Powers of partners after dissolution.—After the dissolution of a partnership, the powers and authority of the partners are such only as are prescribed by this article. Ckoss-Refekences

Dissolution of partnership, see sections 1791 et seq., of this title. Rights and duties of surviving partner, see title 4, section 1525. Interests of estate in partnership, see title 4, section 1505. 1802. Who may act in liquidation.—Any member of a general

partnership may act in liquidation of its affairs, except as provided

by the section next following.

1803. Who may not act in liquidation.—If the liquidation of a partnership is committed, by consent of all the partners, to one or more of them, the others have no right to act therein ; but their acts are valid in favor of persons parting with value, in good faith,

upon credit thereof.

1804. Powers of partners in liquidation.—A partner authorized

to act in liquidation may collect, compromise, or release any debts

due to the partnership, pay or compromise any claims against it, and

dispose of the partnership property.

Ckoss-Res'ekence Powers and duties of surviving partner in liquidation, see title 4, section 1525. 1805. What partner may do in liquidation.—A partner authorized

to act in liquidation may indorse, in the name of the firm, promissory notes or other obligations held by the partnership for the

purpose of collecting the same, but he cannot create any new obligation in its name or revive a debt against the firm, by an acknowledgment, when an action thereon is barred under the provisions of Title

4, The Code of Civil Procedure.

CHAPTER 55.—SPECIAL PARTNERSHIP

Art. Sec.

1. Formation 1811

2. Powers, rights, and duties of part- ners 1821

Art. Sec.

3. Liability of partners 1831

4. Alteration and dissolution 1841 ARTICLE 1.—FORMATION

Sec. 1811. Formation of special partnership.

1812. Of what to consist. 1813. Certified statement.

1814. Acknowledged and recorded ; false statement.

Sec. 1815. Aflldavit as to sums contributed. 1816. No partnership until compliance.

1817. Renewal of special partnership.

Section 1811. Formation of special partnership.—A special partnership may be formed by two or more persons, in the manner and

228
THE CIVIL CODE [T. 3, § 1821 with the effect prescribed in this chapter, for the transaction of any

business except banking or insurance by an insurer.

Ceoss-Reiferencb

No partnership until compliance with law, see section 1816 of this title,

1812. Of what to consist.—A special partnership may consist of one or more persons called general partners, and one or more pers(ms

called special partners.

1813. Certified statement.—Persons desirous of forming a special

partnership must severally sign a certificate, stating

1. The name under which the partnership is to be conducted

2. The general nature of the business intended to be transacted

3. The names of all the partners, and their residences, specifying

which are general and which are special partners

4. The amount of capital which each special partner has contributed to the common stock;

5. The periods at which such partnership will begin and end.

1814. Acknowledged and recorded; false statement.—Certificates

under the next preceding section must be acknowledged by all the

partners, before the clerk of the district court and filed in his oiRce,

and shall be open to public inspection. If any false statement is made in any such certificate, all the persons interested in the partnership are liable, as general partners, for all the engagements thereof.

Cross-references

Liability for false statements, see section 1832 of this title. Liability for unintentional acts, see section 1833 of this title. 1815. Affidavit as to sums contributed.—An affidavit of each of

the partners, stating that the sums specified in the certificate of the

partnership as having been contributed by each of the special

partners, have been actually and in good faith paid, in the lawful

money of the United States, must be filed in the same office with

the original certificate. 1816. No partnership until compliance.—No special partnership

is formed until the provisions of sections 1811 to 1815 of this title are complied with.

1817. Renewal of special partnership.—Every renewal or contin- uance of a special partnership must be certified, filed, and verified in

the same manner as upon its original formation.

Cross-Refebencje

Compare with section 1841 of this title. ARTICLE 2.—POWERS, RIGHTS, AND DUTIES OF PARTNERS

Sec. 1821. Who to do business. 1822. Special partners may advise. 1823. May loan money ; insolvency. 1824. General partners may sue and be

sued.

Sec. 1825. Withdrawal of capital. 1826. Interest and profits. 1827. Result of withdrawing capital. 1828. Preferential transfer void.

1821. Who to do business.—The general partners only have

authority to transact the business of a special partnership.

229
T. 3, § 1822] THE CIVIL CODE

1822. Special partners may advise.—A special partner may at all times investigate the partnership affairs, and advise his partners, or

their agents, as to their management.

1823. May loan money; insolvency.—A special partner may lend

money to the partnership, or advance money for it, and take from it security therefor, and as to such loans or advances has the same

rights as any other creditor; but in case of the insolvency of the

partnership, all other claims which he may have against it must be

postponed until all other creditors are satisfied. 1824. General partners may sue and be sued.—In all matters

relating to a special partnership, its general partners may sue aud be

sued alone, in the same manner as if there were no special partners.

1825. Withdrawal of capital.—No special partner, under any pretense, may withdraw any part of the capital invested by him in the

partnership, during its continuance.

Ckoss-Refekencb

Withdia%val of capital, sec section 1827 of this title. 1826. Interest and profits.—A special partner may receive such

lawful interest and such proportion of profits as may be agreed upon,

if not paid out of the capital invested in the partnershi]) by him, or by some other special partner, and is not bound to refund the same

to meet subsequent losses. 1827. Result of withdrawing capital.—If a special partner withdraws capital from the firm, contrary to the provisions of this article,

he thereby becomes a general partner.

Cboss-Reference

Withdrawal of capital, see section 1825 of this title. 1828. Preferential transfer void.—Every transfer of the property

of a special partnership, or of a partner therein, made after or in

contemplation of the insolvency of such partnershi]i or partner

with intent to give a preference to any creditor of such partnership or

pai'tner over any other creditor of such partnrrshiji, is void against

the creditors thereof; and every judgment conf<>sse(l, lien createil, or

security given, in like manner and with the like intent, is in like manner void.

ARTICLE 3. LIABILITY OF PARTNERS

S(>c. 5S31. Liability of partners.

1.S32. Of special partners. 1833. Liability for unintentional act.

See. 1834. Who may question existence of

special partnership.

1831. Liability of partners.—The general partners in a special

j^artnership ai-e lialile to Ihi^. same extent as j>artiiers in a general

partnersliip.

Cross-Reference

Liability of general pailners, see section 1781 of tliis title.

230
THE CIVIL CODE [T. 3, § 1841

1832. Of special partners.—The contribution of a special partner

to the capital of the firm, and the increase thereof, is liable for

its debts, but he is not otherwise liable therefor, except as follows

1. If he has willfully made or permitted a false or materially defective statement in the certificate of the partnership, the affidavit

filed therewith, or the published announcement thereof, he is liable, as a general partner, to all creditors of the firm

2. if he has willfully interfered with the business of the firm,

except as permitted in sections 1821 to 1828 of this title, he is liable

in like manner ; or

3. If he has willfully joined in or assented to an act contrary to any of the provisions of said sections 1821 to 1828, he is liable in like manner.

Cboss-Re^'eirence

False certificate, see section 1814 of tliis title. 1833. Liability for unintentional act.—When a special partner

has unintentionally done any of the acts mentioned in the next pre- ceding section, he is liable, as a general partner, to any creditor of

the firm who has been actually misled thereby to his prejudice. CrOSS-ReFERENCES

False statement in certificate, see sections 1814 and 1832 of this title. Liability of general partners, see section 1781 of this title.

1834. Who may question existence of special partnership.—One

who, upon making a contract with a partnership, accepts from or

gives to it a written memorandum of the contract, stating that the

partnership is special, and giving the names of the special partners,

cannot afterwards charge the persons thus named as general partners

upon that contract, by reason of an error or defect in the proceedings

for the creation of the special partnership, prior to the acceptance

of the memorandum, if an effort has been made by the partners, in

good faith, to form a special partnership in the manner required by

sections 1811 to 1817 of this title. ARTICLE 4.—ALTERATION AND DISSOLUTION

Sec. 1841. When special partnership becomes

general. 1842. How new special partners may be

admitted.

Sec. 1843. Dissolution of special partnership

notice. 1844. The name of a special partner not

used, unless. 1841. When special partnership becomes general.—A special

partnership becomes general if, within ten days after any partner

withdraws from it, or any new partner is received into it, or a change is made in the nature of its business or in its name, a certificate of such fact, duly verified and signed by one or more of the

partners, is not filed with the clerk of the district court. Cross-Refeeence

Partner withdrawing capital becomes general partner, see section 1827 of

this title.
T. 8, § 1842] THE CIVIL CODE

1842. How new special partners may be admitted.—New special

partners may be admitted into a special partnership upon a certifi- cate, stating the names, residences, and contributions to the common

stock of each of such partners, signed by each of them, and by the

general partners, verified, acknowledged, and filed with the clerk of

the district court. 1843. Dissolution of special partnership; notice.—A special partnership is subject to dissolution in the same manner as a general

partnership, except that no dissolution, by the act of the partners, is complete until a notice thereof has been filed and recorded in the

office of the clerk of the district court, and published once in each

week, for four successive weeks, in a newspaper of general circulation

in the Canal Zone.

Cross-Referencb

Dissolution of general partnership, see section 1792 of this title. 1844. The name of a special partner not used, unless.—The name

of a special partner must not be used in the firm name of partnership,

unless it be accompanied with the word " limited."

CHAPTER 56.—INSURANCE IN GENERAL

Art. Sec.

1. Definition of insurance 1851

2. What may be insured 1861

3. Parties to contract 1871

4. Insurable interest 1881

5. Concealment and representations. 1901

6. The policy 1931

Art. Sec.

7. Warranties 1951

8. Premium 1971

9. Loss 1981

10. Notice of loss 1991

11. Double insurance 2001

12. Reinsurance 2011 Cboss-Refekencb

Foreign insurance companies, see sections 221 et seq., of this title. ARTICLE 1.—DEFINITION OF INSURANCE

Section 1851. Insurance, what.—Insurance is a contract whereby

one undertakes to indemnify another against loss, damage, or lia- bility, arising from an unknown or contingent event. Cross-Rbteeencb

Reinsurnnce, contract of, see section 2011 of this title. ARTICLE 2.—WHAT MAY BE INSURED

Sec. 1861. What events may be insured against. 1862. Insurance of lottery or lottery prize unauthorized.

Sec. 1863. All subject to this chapter.

1861. What events may be insured against.—Any contingent or unknown event, whether past or future, which may damnify a person

having an insurable interest, or create a liability against him, may

be insured against, subject to the provisions of this chapter.

Cross-References

Insurable interest, see sections 1881 et seq., of this title. Insurable interest in expectancy or inchoate interest, see sections 1882 and

1884 of this title.

232
THE CIVIL CODE [T. 3, § 1875

1862. Insurance of lottery or lottery prize unauthorized.—The

next preceding section does not authorize an insurance for or against

the drawing of any lottery, or for or against any chance or ticket in a lottery drawing a prize.

Cboss-References

Fire insurance, see sections 2021 et seq., of this title. Life and health insurance, see sections 2031 et seq., of this title. 1863. All subject to this chapter.—All kinds of insurance, other

than marine insurance, are subject to the provisions of this chapter.

ARTICLE 3.—PARTIES TO CONTRACT

Sec. 1871. Designation of parties. 1872. Who may insure. 1873. Who may be insured.

Sec. 1874. 1875.

Assignment to mortgagee of policy on

thing Insured. New contract between insurer and

assignee. 1871. Designation of parties.—The person who undertakes to in- demnify another by a contract of insurance is called the insurer, and

the person indemnified is called the insured.

1872. Who may insure.—Anyone capable of making a contract may be an insurer, subject to the restrictions imposed by special

statutes upon foreign corporations, nonresidents, and others.

Ceoss-Refeeencb

Regulation of foreign insurance companies, see sections 221 et seq., of this

title. 1873. Who may be insured.—Anyone except a public enemy may

be insured.

1874. Assignment to mortgagee of policy on thing insured.—

Unless the policy otherwise provides, where a mortgagor of property

effects insurance in his own name providing that the loss shall be

payable to the mortgagee, or assigns a policy of insurance to a mortgagee, the insurance is deemed to be upon the interest of the mortgagor, who does not cease to be a party to the original contract, and

any act of his, prior to the loss, which would otherwise avoid the

insurance will have the same effect, although the property is in the

hands of the mortgagee, but any act which, under the contract of

insurance, is to be performed by the mortgagor, may be performed

by the mortgagee therein named, with the same effect as if it had

been performed by the mortgagor.

1875. New contract between insurer and assignee.—If an insurer

assents to the transfer of an insurance from a mortgagor to a mortgagee, and, at the time of his assent, imposes further obligations on

the assignee, making a new contract with him, the acts of the

mortgagor cannot affect his rights.

93083—34- -16
T. 3, § 1881] TBB CIVIL CODE

ARTICLE 4.—INSURABLE INTEREST

Sec. 1881. Insurable Interest, what.

1882. In what may consist. 1883. Interest of carrier or depositary.

1884. Mere expectancies. 1885. Measure of interest in property.

1886. Insurance without interest, illegal.

Sec. 188S. Effect of transfm-. 1889. Transfer after loss. 1890. Exception in the case of several subjects in one policy. 1891. In the case of transfer between

cotenants.

1887. When interest must exist. I 1892. Policy, when void. 1881. Insurable interest, what.—Every interest in property, or any relation thereto, or liability in respect thereof, of such a nature

that a contemplated peril might directly damnify the insured is an

insurable interest. Cross-Refekences

Assignment to one without insurable interest, see section 2033 of this title. Bailees or carriers, see section 1883 of this title. Effect of transfer of interest, see section 1888 of this title. Extent of insurable interest, see section 1885 of this title. Insurable interest in expectancy or inchoate interest, see sections 1861, 1882, and 1884 of this title. Insurable interest in life or health, see section 2032 of this title. Insurance without insurable interest is void, see section 1886 of this title. Partner, see section 1935 of this title. Stating insurer's interests in policy, see sections 1908 and 1932 of this title. Stipulation for payment irrespective of insurable interest is void, see section 1892 of this title. When insurable interest must exist, see section 1887 of this title. 1882. In what may consist.—An insurable interest in property

may consist in

1. An existing interest;

2. An inchoate interest founded on an existing interest ; or

3. An expectancy, coupled with an existing interest in that out

of which the expectancy arises. Cross-References

Insurable interest in expectancy or inchoate intei-est, see sections 1861 and

1884 of this title. What events may be insured against, see section 1S(!1 of this title. 1883. Interest of carrier or depositary.—A carrier or depositary

of any kind has an insurable interest in a thing held by him as such,

to the extent of its value.

1884. Mere expectancies.—A mere contingent or expectant interest in anything, not founded on an actual right to the thing, nor upon any valid contract for it, is not insurable.

Cross-Refeeences

Insurable interest in expectancy or inchoate interest, see section 1882 of

this title. Unknown or contingent event, insurance against, see section 18G1 of this title. 1885. Measure of interest in property.—The measure of an in- surable interest in property is the extent to which the insured might

be damnified by loss or injury thereof.

Cross-Re:!' erence

Insurance without interest, see section 1886 of this title.

234
THE CIVIL CODE [T. 3, § 1892 1886. Insurance without interest, illegal.—The sole object of in- surance is the indcinnitj^ of the insured, and if he has no insurable

interest the contract is void.

CitOSS-REFERENCE

Stipulation for payment irrespective of interest is void, see section 1892 of this

title. 1887. When interest must exist.—An interest insured must exist

when the insurance takes effect, and when the loss occurs, but need

not exist in the meantime.

1888. Effect of transfer.—Except in the cases specified in sections

1889 to 1891 of this title, and in the cases of life, accident, and health

insurance, a change of interest in any part of a thing insured, un- accompanied by a corresponding change of interest in the insurance,

suspends the insurance to an equivalent extent, until the interest in

the thing and the interest in the insurance are vested in the same

person.

Cboss-Rejfekences

Transfer by coowner or partner, see section 1891 of this title. Transfer of life-insurance policy, see section 2033 of this title. Transfer of thing insured does not transfer policy, see section 1938 of this

title. 1889. Transfer after loss.—A change of interest in a thing in- sured, after the occurrance of an injury which results in a loss, does

not affect the right of the insured to indemnity for the loss. 1890. Exception in the case of several subjects in one policy.—

A change of interest in one or more of several distinct things, separately insured by one policy, does not avoid the insurance as to the

others. 1891. In the case of transfer between cotenants.—A transfer of

interest by one of several partners, joint owners, or owners in com- mon, who are jointly insured, to the others, does not avoid an insurance, even though it has been agreed that the insurance shall cease upon an alienation of the tiling insured.

( 'bo s s-Refekbnce

Insurance by partner or cotenant, see section 1935 of this title. 1892. Policy, when void.—Every stipulation in a policy of insur- ance for the payment of loss whether the person insured has or has

not any interest in the property insured, or that the policy shall be

received as proof of such interest and every policy executed by way

of gaming or wagering, is void.

Cross-Refeeencb

Insurance wilhout interest is illegal, see section 188G of this title.

235
T. 3, § 1901] THE CIVIL CODE

ARTICLE 5.—CONCEALMENT AND REPRESENTATIONS

Sec. 1001. Concealment, what.

1902. Effect of concealment.

1903. What must be disclosed. 1904. Matters which need not be com- municated without Inquiry. 1905. Test of materiality.

1906. Matters which each is bound to know.

1907. Waiver of communication.

190S. Interest of insured. 1909. Fraudulent warranty.

1910. Matters of opinion.

1911. Representation, how made.

Sec. 1912. When made.

1913. How interpreted. 1914. Representation as to future. 1915. How may affect policy. 1916. When may be withdrawn.

1917. Time intended by representation. 1918. Representing Information.

1919. Falsity. 1920. Effect of falsity. 1921. Materiality. 1922. Application of provisions of this

article. 1923. Right to rescind. 1901. Concealment, what.—A neglect to communicate that which

a party knows, and ought to communicate, is called a concealment.

Cross-Refeeencb

" Party " refers to either party to the contract, see section 1903 of this title. 1902. Effect of concealment.—^A concealment, whether intentional or unintentional, entitles the injured party to rescind a contract of insurance.

1903. What must be disclosed.—Each party to a contract of in- surance must communicate to the other, in good faith, all facts within

his knowledge which are or which he believes to be material to the

contract, and which the other has not the means of ascertaining, and

as to which he makes no warranty.

1904. Matters which need not be communicated without inquiry.—Neither party to a contract of insurance is bound to communicate information of the matters following, except in answer to the inquiries of the other

1. Those which the other knows;

2. Those which, in the exercise of ordinary care, the other ought

to know, and of which the former has no reason to suppose him

ignorant

3. Those of which the other waives communication

4. Those which prove or tend to prove the existence of a risk

excluded by a warranty, and which are not otherwise material; and

5. Those which relate to a risk excepted from the policy, and which

are not otherwise material.

Cboss-Refebences

Facts covered by warranty, see section 1909 of this title. Information as to nature of amount of interest, see section 1908 of this title. Matters of opinion, see section 1910 of this title. Waiver of communication, see section 1907 of this title. 1905. Test of materiality.—Materiality is to be determined not

by the event, but solely by the probable and reasonable influence

of the facts upon the party to whom the communication is due, in

forming his estimate of the disadvantages of the proposed contract or in making his inquiries.

Ckoss-Referencb

Materiality of renresentation, see section 1921 of this title.

236
TEE CIVIL CODE [T. 3, § 1916 1906. Matters which each is bound to know.—Each party to a contract of insurance is bound to know all the general causes which

are ojDen to his inquiry, equally with that of the other, and which

may affect either the political or material perils contemplated ; and

all general usages of trade.

1907. Waiver of communication.—The right to information of

material facts may be waived, either by the terms of insurance or by neglect to make inquiries as to such facts, where they are distinctly

implied in other facts of which information is communicated.

1908. Interest of insured.—Information of the nature or amount

of the interest of one insured need not be communicated unless in answer to an inquiry, except as prescribed by section 1932 of this

title. 1909. Fraudulent warranty.—An intentional and fraudulent

omission, on the part of one insured, to communicate information of

matters proving or tending to prove the falsity of a warranty,

entitles the insurer to rescind.

Ceoss-References

Effect of concealment, see section 1902 of this title. Warranties, see sections 1951 et seq., of this title. 1910. Matters of opinion.—Neither party to a contract of insur- ance is bound to communicate, even upon inquiry, information of

his own judgment upon the matters in question.

1911. Representation, how made.—A representation may be oral or written.

1912. When made.—A representation may be made at the same

time with issuing the policy, or before it.

Ckoss-Ret'erence Warranties, see sections 1951 and 1952 of this title. 1913. How interpreted.—The language of a representation is to be interpreted by the same rules as the language of contracts in

general.

Cross-Referencb

Interpretation of contracts, see sections 901 et seq., of this title. 1914. Representation as to future.—A representation as to the

future is to be deemed a promise, unless it appears that it was merely

a statement of belief or expectation.

1915. How may affect poKcy.—A representation cannot be

allowed to qualify an express provision in a contract of insurance,

but it may qualify an implied warranty.

1916. When may be withdrawn.—A representation may be

tered

wards.

altered or withdrawn before the insurance is effected, but not after237
T. 3, § 1917] THE CIVIL CODE

1917. Time intended by representation.—The completion of the

contract of insurance is the time to which a representation must be

presumed to refer. 1918. Representing information.—When a person insured has no

personal knowled<.';e of a fact, he may nevertheless repeat information

which he has upon the subject, anci which he believes to be true, with

the explanation that he does so on the information of others, or he

may submit the information, in its whole extent, to the insurer; and

in neither case is lie responsible for its truth, unless it proceeds from

an anent of the iiisured, whose duty it is to give the intelligence.

1919. Falsity.—A representation is to be deemed false when the

facts fail to corres|)ond with its assertions or stipulations.

1920. Effect of falsity.—If a representation is false in a material point, Avhetlier affirmative or promissory, the injured party is entitled to rescind the contract from the time when the representation

becomes false. 1921. Materiality.—The materiality of a representation is determined b}^ the same rule as the materiality of a concealment.

Cross-References

Materiality of representation, how deteruiined. see section 1W5 of this title. Violation of material warranty, see section 1958 of this litle. 1922. Application of provisions of this article.—The provisions

of this article a]jj)ly as well to a modification of a contract of insur- ance as to its original formation.

1923. Right to rescind.—Whenever a right to rescind a contract

of insurance is given to the insurer by any provision of this chapter,

such right may be exercised at any time previous to the commence- ment of an action on the contract. ARTICLE 6.—THE FOLIC

Sec.

lii.'Jl. Policy, what.

1J|."{2. Wliat must bo spocifinl in n policy.

l!i:;8. Wliosp interest is covered.

]it."!4. Insurance hy agent or trustee.

1!)"..'>. Insurance by part owner.

lU'.W. General terms.

1937. Successive owners.

Sec.

1J)3S. Transfer of Ihe tliinK Insured.

ID.'JO. Open and valued policies. 1040. Open policy, what.

I'M I. Valiie.i policy, wliat.

iniL'. I'lUnniim policy, vvli.at. 194:5. KQect of receipt. 1944. Agreement not to transfer. 1931. Policy, what.—The written instrument, in which a contract

of insurance is set forth, is called a policy of insurance.

1932. What must be specified in a policy.—A policy of insurance

must specify

1. The parties between whom the contract is made;

2. The rate of premium;

3. The ])roperty or life insured;

4. The interest of the insured in property insured, if he is not the

absolute owner thereof;

5. The risks insured against; and

G. The period during which the insurance is to continue.

238
THE CIVIL CODE [T. 3, § 1943

1933. Whose interest is covered.—When the name of the person

intended to be insured is specified in a policy, it can be applied only

to his own proper interest.

CE0SS-RE!FE3tENCE8 Insurable interest, generally, see section 1881 of this title. Stating interest of insured, see section 1908 of thi!^ title. 1934. Insurance by agent or trustee.—When an insurance is made

by an agent or trustee, the fact that his principal or beneficiary is the person really insured may be indicated by describing him as agent

or trustee, or by other general words in the policy.

1935. Insurance by part owner.—To render an insurance, effected

by one partner or part owner, applicable to the interest of his co- partners, or of other part owners, it is necessary that the terms of

the policy should be such as are applicable to the joint or common

interest. Cboss-Reference

Transfer by coowner, see section 1S91 of this title. 1936. General terms.—When the description of the insured in a

policy is so general that it may comprehend any person or any class of persons, he only can claim the benefit of the policy who can show

that it was intended to include him.

1937. Successive owners.—A policy may be so framed that it will

inure to the benefit of whomsoever, during the continuance of the

risk, may become the owner of the interest insured.

1938. Transfer of the thing insured.—The mere transfer of a thing insured does not transfer the policy, but suspends it until

the same person becomes the owner of both the policy and the thing

insured.

Cross-reference

Transfer of interest, see sections 1888 et seq., of this title.

1939. Open and valued policies.—A policy is either open or

valued.

1940. Open policy, what.—An open policy is one in which the

value of the thing insured is not agreed upon, but is left to be

ascertained in case of loss. 1941. Valued policy, what.—A valued policy is one which ex- presses on its face an agreement that the thing insured shall be

valued at a specified sum.

1942. Running policy, what.—A running poHcy is one which con- templates successive insurances, and which provides that the object

of the policy may be from time to time defined, especially as to the

subjects of insurance, by additional statements or indorsements.

1943. Effect of receipt.—An acknowledgment in a policy of the

receipt of premium is conclusive evidence of its payment, so far as

^9
T. 3, § 1944] THE CIVIL CODE

to make the policy binding, notwithstanding any stipulation therein

that it shall not be binding until the premium is actually paid.

Cross-Refesence

Premiums, in general, see sections 1971 et seq., of this title. 1944. Agreement not to transfer.—An agreement made before a

loss, not to transfer the claim of a person insured against the insurer,

after the loss has happened, is void.

ARTICLE 7.—WARRANTIES

Sec. 1951. Warranty, express or implied. 1952. Form.

1958. Express warranties to be in policy. 1954. Past, present, and future warranties.

1955. Express warranty, what constitutes.

Sec. 1956. Warranty as to the future. 1957. Performance excused.

1958. What acts avoid the policy. 1959. Policy may provide for avoidance.

1960. Breach without fraud. 1951. Warranty, express or implied.—A warranty is either ex- press or implied.

Cboss-Referencb

Express warranties to be in policy, see section 1953 of this title. 1952. Form.—No particular form of words is necessary to create a warranty.

1953. Express warranties to be in policy.—Every express warranty, made at or before the execution of a policy, must be contained

in the policy itself, or in another instrument signed by the insured

and referred to in the policy, as making a part of it. Ceoss-Refeeench

Representations, see sections 1911 et seq., of this title. 1954. Past, present, and future warranties.—A warranty may

relate to the past, the present, the future, or to any or all of these. 1955. Express warranty, what constitutes.—A statement in a

policy, of a matter relating to the person or thing insured, or to the

risk, as a fact, is an express warranty thereof.

1956. Warranty as to the future.—A statement in a policy, which

imports that it is intended to do or not to do a thing which matelially affects the risk, is a warranty that such act or omission shall

take place.

1957. Performance excused.—When before the time arrives for

the performance of a warranty relating to the future, a loss insured

against happens, or performance becomes unlawful at the place of

the contract, or impossible, the omission to fulfill the warranty does

not avoid the policy.

Ceoss-Refeeencb

Rescinding contract of insurance, see section 1923 of this title. 1958. What acts avoid the policy.—The violation of a material

warranty, or other material provision of a policy, on the part of

either party thereto, entitles the other to rescind.

Cboss-Re:feeench Test of the materiality of a representation, see section 1921 of this title. 240
THE CIVIL CODE [T. 3, § 1975

1959. Policy may provide for avoidance.—A policy may declare

that a violation of specified provisions thereof shall avoid it; otherwise the breach of an immaterial provision does not avoid the policy.

1960. Breach without fraud.—A breach of warranty, without

fraud, merely exonerates an insurer from the time that it occurs, or where it is broken in its inception prevents the policy from attaching

to the risk. Ceoss-Refesienob

Breach of warranty without fraud, return of premium, see section 1973 of

this title. ARTICLE 8.—PREMIUM

Sec. 1971. Return of premium.

1972. When not allowed.

1973. Return for fraud.

Sec. 1974. Overinsurance by several insurers. 1975. Contribution.

1976. Proportionate contribution. 1971. Return of premium.—Where the insurance is made for a

definite period of time and the insured surrenders his policy, he is entitled to a return of such proportion of the premium above the

customary short rate premium as corresponds with the unexpired

time, after deducting from the whole premium any claim for loss or damage under the policy which has previously accrued.

Ceoss-Referetmce Return for fraud, see section 1973 of this title. 1972. When not allowed.—If a peril insured against has existed,

and the insurer has been liable for any period, however short, the

insured is not entitled to return of premiums so far as that particular

risk is concerned.

1973. Return for fraud.—A person insured is entitled to a return

of the premium when the contract is voidable, on account of the

fraud or misrepresentation of the insurer, or on account of facts, of

the existence of which the insured was ignorant without his fault ; or when, by any default of the insured other than actual fraud, the

insurer never incurred any liability under the policy.

Ceoss-Referenob Return of premium, see section 1971 of this title. 1974. Overinsurance by several insurers.—In case of an over- insurance by several insurers, the insured is entitled to a ratable

return of the premium, proportioned to the amount by which the

aggregate sum insured in all the policies exceeds the insurable value

of the thing at risk. Ceoss-Reteeenob

Double insurance, defined, see section 2001 of this title. 1975. Contribution.—When an overinsurance is effected by simultaneous policies, the insurers contribute to the premium to be returned

in proportion to the amount insured by their respective policies.

Ceoss-Reference

Contribution in cases of double insurance, see section 2002 of this title.

241
T. 3, § 1976] THE CIVIL CODE

1976. Proportionate contribution.—When an overinsurance is effected by successive policies, those only contribute to a return of

the premium who are exonerated by prior insurance from the liability

assumed by them, and in proportion as the sum for which the

premium was paid exceeds the amount for which, on account of prior

insurance, they could be made liable. ARTICLE 9.—LOSS

Sec. 19S1. Perils, remote and proximate.

1982. Loss incurred in rescue from peril.

Sec.

l!)83. 1984. Excepted perils. Negligence and fraud. 1981. Perils, remote and proximate.—An insurer is liable for a

loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been

a remote cause of the loss ; but he is not liable for a loss of which the

peril insured against was only a remote cause.

CROSS-REafERENCE

Negligence of insured, see section 1984 of this title. 1982. Loss incurred in rescue from peril.—An insurer is liable

where the thing insured is rescued from a peril insured against,

that would otherAvise have caused a loss, if in the course of such

rescue the thing is exposed to a peril not insured against, which

permanently deprives the insured of its possession, in whole or in

part ; or where a loss is caused by efforts to rescue the thing insured

from a peril insured against.

1983. Excepted perils.—Where a peril is specially excepted in a contract of insurance, a loss, which would not have occurred but

for such peril, is thereby excepted, although the immediate cause of

the loss was a peril which was not excepted.

1984. Negligence and fraud.—An insurer is not liable for a loss caused by the willful act of the insured ; but he is not exonerated

by the negligence of the insured, or of his agents or others.

ARTICLE 10.—NOTICE OF LOSS

Sec, 1994. Waiver of defects in notice, etc. 1995. Waiver of delay. 1996. Certificate, when dispensed with.

Sec. 1991. Notice of loss. 1992. Time for giving notice of accidents,

etc. 1993. Preliminary proofs. 1991. Notice of loss.—In case of loss upon an insurance against

fire, an insurer is exonerated if notice thereof be not given to him

by some person insured, or entitled to the benefit of the insurance,

without unnecessary delay.

1992. Time for giving notice of accident, etc.—No conditions,

stipulations, or agreements contained in any application for insur- ance in any casualty or accident insurance company, or contained in

any policy issued by any such company, or in any way made by any

such company, limiting the time within which notice of the accident

or injury, or death, shall be given to such company to a period of less than twenty days after the happening of the accident, or injury, or

242
THE CIVIL CODE [T. 3. § 2011

death, shall be valid. Said notice may be given to the company

insuring, at any time within twenty days after the happening of the

accident, or injury, or death, and shall be valid and binding on the

compau}'^; and notice deposited in tlie mails i)roperly addressed

within tile time stated is suilicient, though it does not reach the

insurer within that time.

1993. Preliminary proofs.—When preliminary proof of loss is required by a jjolicy, the insured is not bound to give such proof

as would be necessary in a court of justice; but it is sufficient for him

to give the best evidence which he has in his power at the time.

1994. Waiver of defects in notice, etc.—All defects in a notice of

loss, or in preliminary proof thereof, which the insured might

remedy, and which the insurer omits to specify to him, without

unnecessary delay, as grounds of objection, are waived.

1995. Waiver of delay.—Delay in the presentation to an insurer

of notice or proof of loss is waived, if caused by any act of his, or if he omits to make objection promptly and specifically upon that

ground.

1996. Certificate, when dispensed with.—If a policy requires, by

way of preliminary proof of loss, the certificate or testimony f)f a person other than the insured, it is sufficient for the insured to use reasonable diligence to procure it, and in case of the refusal of such

person to give it, then to furnish reasonable evidence to the insurer

that such refusal was not induced b}^ any just grounds of disbelief in

the facts necessary to be certified. ARTICLE 11.—DOUBLE INSURANCE

Sec. 2001. Double insurance.Sec. 2002. Contribution in case of double insur2001. Double insurance.—A double insurance exists where the same person is insured by several insurers separately in respect to the same subject and interest. 2002. Contribution in case of double insurance.—In case of double fire insurance, each insurer must contribute ratably toward the

loss, without regard to the dates of the several policies.

Ceoss-References Return of premium by successive insurers, see sections 1974 and 1976 of this

title. Insurers in separate policies may be joined, see title 4, section 139. ARTICLE 12.—REINSURANCE

Sec. 2011. Reinsurance, what.

2012. Disclosures required.

Sec. 2013. Reinsurance presumed to be against

liability. 2014. Original insured has no interest. 2011. Reinsurance, what.—A contract of reinsurance is one by

which an insurer procures a third person to insure him against loss or liability by reason of such original insurance.

243
T. 3, § 2012] THE CIVIL CODE

2012. Disclosures required.—Where an insurer obtains reinsurance, he must communicate all the representations of the original

insured, and also all the knowledge and information he possesses, whether jDreviously or subsequently acquired, which are material to the risk. 2013. Reinsurance presumed to be against liability.—A reinsur- ance is presumed to be a contract of indemnity against liability and

not merely against damage.

2014. Original insured has no interest.—The original insured has no interest in a contract of reinsurance.

CHAPTER 57.—FIRE INSURANCE

2021. Alteration increasing risk. 2022. Alteration not increasing rislJ. 2023. Acts of insured. 2024. Measure of indemnity.

Sec. 2025. Value of interest in policy of insur- ance ; how may be fixed ; total or

partial loss.

Ckoss-Rb:ferences Chapter 56 of this title is also applicable to fire insurance, see section 1863

of this title. Foreign insurance companies, see sections 221 et seq., of this title. Injury to or destruction of insured property, see title 5, section 705. Section 2021. Alteration increasing risk.—An alteration in the

use or condition of a thing insured from that to which it is limited

by the policy, made without the consent of the insurer, by means

within the control of the insured, and increasing the risk, entitles an

insurer to rescind a contract of fire insurance.

2022. Alteration not increasing risk.—An alteration in the use

or condition of a thing insured from that to which it is limited b)'^ the policy, which does not increase the risk, does not affect a contract

of fire insurance.

2023. Acts of insured.—A contract of fire insurance is not affected

by any act of the insured subseq^uent to the execution of the policy,

w^hich does not violate its provisions, even though it increases the

risk and is the cause of a loss. 2024. Measure of indemnity.—^If there is no valuation in the policy, the measure of indemnity in an insurance against fire is the ex- pense it would be to the insured at the time of the commencement of

the fire to replace the thing lost or injured in the condition in which

it was at the time of the injury; but the effect of a valuation in a

policy of fire insurance is the same as in a policy of marine insurance.

2025. Value of interest in policy of insurance; how may be fixed;

total or partial loss.—Whenever the insured desires to have a valuation named in his policy, insuring any building or structure against

fire, he may require such building or structure to be examined by the

insurer, and the value of the insured's interest therein shall be thereupon fixed by the parties. The cost of such examination shall be

paid for by the insured. A clause shall be inserted in such policy

stating substantially that the value of the insured's interest in such

building or structure has been thus fixed. In the absence of any

244
THE CIVIL CODE [T. 3, § 2033 change increasing the risk without the consent of the insurer or of

fraud on the part of the insured, then, in case of a total loss under such

policy, the whole amount so insured upon the insured's interest in

such building or structure, as stated in the policy upon which the in- surers have received a premium, shall be paid, and in case of a partial

loss the full amount of the partial loss shall be so paid, and in case

there are two or more policies covering the insured's interest therein,

each policy shall contribute pro rata to the payment of such whole

or partial loss. But in no case shall the insurer be required to pay more than the amount thus stated in such policy. This section shall

not prevent the parties from stipulating in such policies concerning

the repairing, rebuilding, or replacing buildings or structures wholly

or partially damaged or destroyed.

CHAPTER 58.—LIFE AND HEALTH INSURANCE

Sec. 2031. Insurance upon life, when payable. 2032. Insurable interest. 2033. Assignee, etc., of life policy need have no interest. 2034. Notice of transfer.

Sec. 2035. Measure of indemnity.

2036. Disposition by beneficiary of interest in installment. 2037. Payment of proceeds of policy.

Cross-References

Chapter 56 of this title is also applicable to life insurance, see section 1S63

of this title. Foreign insurance companies, see sections 221 et seq., of this title. Section 2031. Insurance upon life, when payable.—An insurance

upon life may be made payable on the death of the person, or on

his surviving a specified period, or periodically so long as he shall

live, or otherwise contingently on the continuance or determination

of life. 2032. Insurable interest.—Every person has an insurable interest

in the life and health

1. Of himself;

2. Of any person on whom he depends wholly or in part for education or support;

3. Of any person under a legal obligation to him for the payment

of money, or respecting property or services, of which death or illness might delay or prevent the performance ; and

4. Of any person upon whose life any estate or interest vested in him depends.

Ceos s-Referencb

Insurable interest, generally, see sections 1881 et seq., of this title, 2033. Assignee, etc., of life policy need have no interest.—A policy of insurance upon life or health may pass by transfer, will, or

succession to any person, whether he has an insurable interest or not,

and such person may recover upon it whatever the insured might

have recovered.

Cross-Reference

Compare section 1888 of this title.

245
T. 3, § 2034] THE CIVIL CODE

2034. Notice of transfer.—Notice to an insurer of a transfer or bequest thereof is not necessary to preserve the validity of a policy of

insurance upon life or health, unless thereby expressly i-equired.

2035. Measure of indemnity.—Unless the interest of a person in- sured is susceptible of exact pecuniary measurement, the measure of

indemnity under a policy of insurance upon life or health is the sum

fixed in the policy.

2036. Disposition by beneficiary of interest in installment.—The

beneficiary under a policy of life insurance, providing for the payment of the proceeds thereof in periodical installments, may be re- strained from disposing of or encumbering his interest in any such

installment, prior to the date when it shall become due and paj^able

by the insurer, by a condition or stipulation in the policy.

2037. Payment of proceeds of policy.—The proceeds of every policy of insui'ance due on the death of insured shall by the insurer be

paid either to the beneficiary designated therein, or, if no beneficiary

is designated therein, to the estate of insured ; or, if the policy has

been assigited, to the assignee thereof ; and such payment shall satisfy

all obligations of the insurer with respect to said policy.

CHAPTER 59.—INDEMNITY

Sec. i Sec. 2041. Indemnity, what. 2047. Kules for interpreting agreement of 2042. Indemnity for a future wrongful act

void. 2043. Indemnity for a past wrongful act

valid. 2044. Indemnity extends to acts of agents. 2045. Indemnity to several. 2046. Person indemnifying liaiilo jointly or

severally with person indemniticd.

indemnity.

2048. Roimbursemont of person indemnifying other. 2049. Bail, what.

2050. How regulated.

Section 2041. Indemnity, what.—Indemnity is a contract by

which one engages to save another from a legal consequence of the

conduct of one of the parties, or of some other person.

Cboss-References

Guaranty, see sections 2061 et seq., of this tif Ic Suretyship, see sections 2121 et seq., of this title. 2042. Indemnity for a future wrongful act void.—An agreement

to indemnify n person against an act thereafter to be done, is void,

if the act be known by such person at the time of doing it to be

unlawful.

2043. Indemnity for a past wrongful act valid.—An agreement

to indemnify a person against an act alieatly done, is valid, even though the act was known to be wrongful, unless it was a felony.

2044. Indemnity extends to acts of agents.—An agreement to indemnify against the acts of a certain person, ap])lies not only to his acts and their consequences, but also to those of liis agents.

2045. Indemnity to several.—An agreement to indemnify several

persons applies to each, unless a contrary intention appears.

246
THE CIVIL CODE [T. 3, § 2050

2046. Person indemnifying liable jointly or severally with per- son indemnified.—One wlio indemnifies another aji^ainst an act to be done by the hitter is liable jointly with the person indemnified, and

separately, to every person injured by such act. 2047. Rules for interpreting agreement of indemnity.—In the

interpretation of a contract of indemnity the following rules are to be applied, unless a contrary intention appears

1. Upon an indemnity against liability, expressly, or in other

equivalent terms, the person indemnified is entitled to recover upon

becoming liable.

2. Upon an indemnity against claims, or demands, or damages, or

costs, expressly, or in other equivalent terms, the person indemnified

is not entitled to recover without payment thereof.

3. An indemnity against claims, or demands, or liability, expressly, or in other equivalent terms, embraces the costs of defense against

such claims, demands, or liability incurred in good faith and in the

exercise of a reasonable discretion.

4. The i^erson indemnifying is bound, on request of the person

indemnified, to defend actions or proceedings brought against the

latter in respect to the matters embraced by the indemnity, but the

person indemnified has the right to engage in the conduct of such

defenses, if he chooses to do so.

5. If, after request, the person indemnifying neglects to defend the

person indemnified, a recovery against the latter suffered by him in good faith is conclusive in his favor against the former.

6. If the person indemnifying, whether he is a principal or a

surety in the agreement, has not reasonable notice of the action or proceeding against the person indemnified, or is not allowed to control its defense, judgment against the latter is only presumptive

evidence against the former.

7. A stipulation that a judgment against the person indemnified

shall be conclusive upon the person indemnifying, is inapplicable if he had a good defense upon the merits, which by want of ordinar}^ care he failed to establish in the action.

2048. Reimbursement of person indemnifying other.—Where

one, at the request of another, engages to answer in damages,

whether liquidated or unliquidated, for any violation of duty on the

part of the latter, he is entitled to be reimbursed in the same manner

as a surety for whatever he may pay.

2049. Bail, what.—Upon those contracts of indemnity which are taken in legal proceedings as security for the performance of an

obligation imposed or declared by the tribunals, and known as undertakings or recognizances, the sureties are called bail. 2050. How regulated.—The obligations of bail are governed by

the law specially applicable thereto.

5147
T. 3, § 2061] THE CIVIL CODE

CHAPTER 60.—GUARANTY IN GENERAL

Art. Sec.

1. Definition of guaranty 2061

2. Creation of guaranty 2071

3. Interpretation of guaranty 2081

Art. Sec.

4. Liability of guarantors 2091

5. Continuing guaranty 2101

6. Exoneration of guarantors 2111 ARTICLE 1.—DEFINITION OF GUARANTY

Section 2061. Guaranty, what.—A guaranty is a promise to an- swer for the debt, default, or miscarriage of another person.

Cboss-Refekences

Indemnity, see sections 2041 et seq., of this title. Suretyship, see sections 2121 et seq., of this title. ARTICLE 2. CREATION OF GUARANTY

Sec. 2074. Engagement to answer for obligation

of another, when deemed original. 2075. Acceptance of guaranty.

Sec. 2071. Knowledge of principal not necessary. 2072. Necessity of a consideration. 2073. Guaranty to be In writing, etc. 2071. Knowledge of principal not necessary.—A person majjr be- come guarantor even without the knowledge or consent ot the

principal.

2072. Necessity of a consideration.—Where a guaranty is en- tered into at the same time with the original obligation, or with the

acceptance of the latter by the guarantee, and forms with that obligation a part of the consideration to him, no other consideration need

exist. In all other cases there must be a consideration distinct from

that of the original obligation.

2073. Guaranty to be in writing, etc.—Except as prescribed by

the section next following, a guaranty must be in writing, and signed

by the guarantor ; but the writing need not express a consideration.

Ceoss-Reference

Guaranty to be written, see section of this title. 2074. Engagement to answer for obligation of another, when

deemed original.—A promise to answer for the obligation of another, in any of the following cases, is deemed an original obligation

of the promisor, and need not be in writing

1. Where the promise is made by one who has received property of

another upon an undertaking to apply it pursuant to such promise,

or by one who has received a discharge from an obligation in whole

or in part in consideration of such promise.

2. Where the creditor i)arts with value, or enters into an obligation, in consideration of the obligation in respect to which the promise is made, in terms or under circumstances such as to render the

party making the promise the principal debtor, and the person in whose behalf it is made, his surety.

3. Where the promise, being for an antecedent obligation of another, is made upon the consideration that the party receiving it cancels the antecedent obligation, accepting the new promise as a

substitute therefor; or upon the consideration that the party receiv248
THE CIVIL CODE [T. 3, § 12084

ing it releases the property of another from a levy, or his person

from imprisonment under an execution on a judgment obtained upon

the antecedent obligation; or upon a consideration beneficial to the

promisor, whether nioving from either party to the antecedent obli- gation or from another person.

4. Where a factor undertakes, for a commission, to sell merchandise and guarantee the sale.

5. Where the holder of an instrument for the payment of money,

upon which a third person is or may become liable to him, transfers

it in payment of a precedent debt of his own, or for a new consideration, and in connection with such transfer enters into a promise

respecting such instrument.

Cross-Eefei^encb

Guaranty, necessity of writing, see section 886 of tliis title.

2075, Acceptance of guaranty.—A mere offer to guarantee is not

binding until notice of its acceptance is communicated by the guarantee to the guarantor; but an absolute guaranty is binding upon the

guarantor without notice of acceptance.

Ceoss-Referencb

Absolute guaranty, see section 2091 of tliis title. ARTICLE 3.—INTERPRETATION OF GUARANTY

Sec.

1!0S1. Guaranty of incomplete contract.

i!0S2. Guaranty that an obligation is good

or collectible.

Sec. 2083. Recovery upon such guaranty.

2084. Guarantor's liability upon sucli guaranty. 2081. Guaranty of incomplete contract.—In a guaranty of a contract, the terms of which are not then settled, it is implied that its terms shall be such as will not expose the guarantor to greater risks

than he would incur under those terms which are most common in

similar contracts at the place where the principal contract is to be

performed.

2082. Guaranty that an obligation is good or collectible.—A

guaranty to the effect that an obligation is good, or is collectible,

imports that the debtor is solvent and that the demand is collectible

by the usual legal proceedings, if taken with reasonable diligence.

2083. Recovery upon such guaranty.—A guaranty, such as is mentioned in the next preceding section, is not discharged by an

omission to take proceedings upon the principal debt, or upon any

collateral security for its payment, if no part of the debt could have

been collected thereby.

2084. Guarantor's liability upon such guaranty.

In the cases mentioned in section 2082 of this title, the removal of the principal

from the Canal Zone, leaving no property therein from which the

obligation might be satisfied, is equivalent to the insolvency of the

principal in its eft'ect upon the rights and obligations of the

guarantor.

93083—34 17 249
T. 3, § 2091] THE CIVIL CODE

ARTICLE 4.—LIABILITY OF GUARANTORS

Sec. 2091. Guaranty, how construed.

2092. Liability upon guaranty of payment

or performance.

2093. Liability upon guaranty of conditional obligation.

Sec. 2094. Obligation of guarantor cannot exceed

that of the principal. 2095. Guarantor not liable on illegal con- tract

2091. Guaranty, how construed.—A guaranty is to be deemed unconditional unless its terms import some condition precedent to the

liability of the guarantor.

2092. Liability upon guaranty of payment or performance.—

guarantor of payment or performance is liable to the guarantee

immediately upon the default of the principal, and without demand

or notice.

2093. Liability upon guaranty of conditional obligation.—Where

one guarantees a conditional obligation, his liability is commensurate

with that of the principal, and he is not entitled to notice of the

default of the principal, unless he is unable, by the exercise of

reasonable diligence, to acquire information of such default, and the

creditor has actual notice thereof.

2094. Obligation of guarantor cannot exceed that of the principal.—The obligation of a guarantor must be neither larger in amount

nor in other respects more burdensome than that of the principal;

and if in its terms it exceeds it, it is reducible in proportion to the

principal obligation.

2095. Guarantor not liable on illegal contract.—A guarantor is not liable if the contract of the principal is unlawful; but he is liable notwithstanding any mere personal disability of the principal, though the disability be such as to make the contract void

against the principal.

ARTICLE 5.—CONTINUING GUARANTY

Sec. I Sec. 2101. Continuing guaranty, what. 1 2102. Revocation. 2101. Continuing guaranty, what.—A guaranty relating to a fu- ture liability of the principal, under successive transactions, which

either continue his liability or from time to time renew it after it has

been satisfied, is called a continuing guaranty.

2102. Revocation.—A continuing guaranty may be revoked at any

time by the guarantor, in respect to future transactions, unless there

is a continuing consideration as to such transactions which he does

not renounce.ARTICLE 6.—EXONERATION OF GUARANTORS

Sec. 2111. What dealings with debtor exonerate

guarantor.

2112. Vnid promises. 2113. Rescission of alteration. 2114. Part performance.

Sec. 2115. Delay of creditor does no( discharge

guarantor.

2116. Guarantor indemnified by the debtor, not exonerated.

2117. Discharge of principal by act of law

docs not discharge guarantor. 2111. What dealings with debtor exonerate guarantor.—A guarantor is exonerated, except so far as he may be indemiiified by the

250
THE CIVIL CODE [T. 3, § 2117

principal, if by any act of the creditor, without the consent of the

guarantor, the original obligation of the principal is altered in any

respect, or the remedies or rights of the creditor against the principal, in respect thereto, in any way impaired or suspended.

CbOSS-RE3"ERENCES Exoneration of surety, see sections 2134 and 2135 of tliis title. Forbearance will not discharge, see section 2115 of tliis title. Liability of guarantor, see sections 2091 et seq., of this title. Neglect or refusal to sue after request will discharge, see section 2142 of

this title. Rights of creditor where security given, see section 2151 of this title. 2112. Void promises.—A promise by a creditor, which for any

cause is void, or voidable by him at his option, does not alter the

obligation or suspend or impair the remedy, within the meaning of

the next preceding section.

2113. Rescission of alteration.—The rescission of an agreement

altering the original obligation of a debtor, or impairing the remedy

of a creditor, does not restore the liability of a guarantor who has

been exonerated by such agreement.

2114. Part performance.—The acceptance, by a creditor, of anything in partial satisfaction of an obligation, reduces the obligation

of a guarantor thereof, in the same measure as that of the principal,

but does not otherwise affect it. Cboss-Refeeences

Acceptance of consideration of accord, see section 773 of this title. Acceptance of part performance in satisfaction of obligation, see section 774

of this title. Effect of part performance, see sections 725, 732 and 774 of this title. 2115. Delay of creditor does not discharge guarantor.—Mere

delay on the part of a creditor to proceed against the principal, or to enforce any other remedy, does not exonerate a guarantor.

Cross-Reference

Notice to creditor to sue, see section 2142 of this title. 2116. Guarantor indemnified by the debtor, not exonerated.—

guarantor who has been indemnified by the principal is liable to the

creditor to the extent of the indemnity, notwithstanding that the

creditor, without the assent of the guarantor, may have modified the contract or released the principal.

Cross-Reference

See sections 2111 and 1265 (1) of this title.

2117. Discharge of principal by act of law does not discharge

guarantor.—A guarantor is not exonerated by the discharge of his

principal by operation of law, without the intervention or omission

of the creditor.

251
T. 3, § 2121] THE CIVIL CODE

CHAPTER 61.—SURETYSHIP

Art. Sec.

J. Wiio are sureties 2121

-. Liability of sureties 2131

a. Itiglits of sureties 2141

Art. Sec.

4. Rights of creditors 2151

5. Letter of credit 2161 ARTICLE 1.—WHO ARE SURETIES

Sec. 2121. Surety, what.

Sec. 2122. Apparent principal may show that he

is surety. Section 2121. Surety, v/hat.—A surety is one who at the request

of another, and for the purpose of securing to him a benefit, becomes

responsible for the performance by the hitter of some act in favor

of a third person, or hypothecates property as security therefor.

Ckoss-References

Guaranty, see sections 2061 et seq., of tliis title. Indemnity, see sections 2041 et seq., of this title. 2122. Apparent principal may show that he is surety.—One

who appears to be a princi])al, whether by the terms of a written

instrument or otherwise, may show that he is in fact a surety, except

as against persons who have acted on the faith of his apparent

character of principaL

ARTICLE 2.—LIABILITY OF SURETIES

Sec.

2i:^l. Limit of surety's obligation.

21.32. Rules of interpretation. 2133. Judgment against surety does not

alter the relation.

Sec. 2134. Surety exonerated by performance or

offer of performance.

2135. Surety discharged by certain acts of the creditor. 2131. Limit of surety's obligation.—A surety cannot be held bej'-ond the express terms of his contract, and if such contract prescribes a penalty for its breach, he cannot in any case be liable for more

than the penalty.

Ckoss-References

Liability of guarantor.s, see sections 2092 and 2093 of this title. Principal lionnd when surety bound, see title 4, section 1938. 2132. Rules of interpretation.—In interpreting the terms of a

contract of suretysihip, the same rules are to be observed as in the

case of other contracts. 2133. Judgment against surety does not alter the relation.—

Notwithstandimr the recovery of jii(l<2,nient by a creditor against a

surety, the latter still occupies the relation of surety.

Ckoss-Referencf.

Conclusiveness of judgments a^-'^inst sureties, see title 4, se<'tion 9G1. 2134. Surety exonerated by performance or offer of performance.—Performance of the principal obligation, or an offer of such

performance, duly made as provided in this title, exonerates a surety.

Crofs-Refekence

Offer of performance, see sections 731 to 751 of this title.

252
THE CIVIL COD!

[T. 3, § 2143

2135. Surety discharged by certain acts of the creditor.—

surety is exonerated

1. In like manner with a guarantor;

2. To the extent to which he is prejudiced by any act of the creditor

which would naturally prove injurious to tiie remedies of the surety or inconsistent with his rights, or which lessens his security ; or

3. To the extent to which he is prejudiced by an omission of the

creditor to do anything, when required by the surety, which it is his

duty to do.

CROSS-REarEEENCES Exoneration of guarantor, see section 2111 of tliis title. Omiysic;n of creditor to proceed against principal, see section 2142 of this title. AllTICLB 3.—RIGHTS OF SURETIES

Sec. 2145. The surety acquires tbe right of the

creditor. 2146. Surety eutitled to benefit of securities held by creditor. 2147. Tbe property of principal to be taken

first.

Sec. 2141. Surety has rights of guarantor.

2142. Surety may require the creditor to proceed against the principal. 2143. Surety may compel principal to perforin obligations, when due. 2144. A principal bound to reimburse his surety. 2141. Surety has rights of guarantor.—A surety has all the

rights of a guarantor, whether lie become personally responsible or

not.2142. Surety may require the creditor to proceed against the

principal.—A surety may require his creditor to proceed against the

principal, or to pursue any other remedy in his power which the

surety cannot himself pursue, and which would lighten his burden;

and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which he is therebj^ prejudiced.

Cuess-Reeeeence Mere delay by creditor to pursue principal does not discliarge surety, see

sections 2115 and 2135 (1) of this title. 2143. Surety may compel principal to perform obligations, when

doe.—A surety may compel his principal to perform the obligation

when due.

Ceoss-Reeferences

Substitute for equitable action, see section 2142 of this title. Action under this section provided for, see title 4, section 056. 2144. A principal bound to reimburse his surety.—If a surety

satisfies the principal obligation, or any part thereof, whether with

or without legal proceedings, the principal is bound to reimburse

Avhat he has disbursed, inclucling necessary costs and expenses; but

the sureij'^ has no claim for reimbursement against other persons, though they may have been benefited by his act, except as prescribed

by the section next following.

2145. The surety acquires the right of the creditor.—A surety,

upon satisfjdng the obligation of the principal, is entitled to enforce

every remedy which the creditor then has against the principal to the extent of reimbursing what he has expended, and also to require

253
T. 3, § 2146] THE CIVIL CODE

all his cosureties to contribute thereto, without regard to the order

of time in which they became such.

Ceoss-Reference

Subrogation of surety paying, see title 4, sections 610 and 96t>. 2146. Surety entitled to benefit of securities held by creditor.—

A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor, or by a cosurety

at the time of entering into the contract of suretyship, or acquired by

him afterwards, whether the surety was aware of the security or not. 2147. The property of principal to be taken first.—^Whenever

property of a surety is hypothecated with property of the principal,

the surety is entitled to have the property of the principal first applied to the discharge of the obligation.

ARTICLE 4.—RIGHTS OF CREDITORS

2151. Creditor entitled to benefit of securities held by surety.—

A creditor is entitled to the benefit of everything which a surety

has received from the debtor by way of security for the performance

of the obligation, and may, upon maturity of the obligation, compel

the application of such security to its satisfaction.

ARTICLE 5.—LETTER OF CREDIT

Sec. 2161. Letter of credit, what.

2162. How addressed.

2163. Liability of the writer. 2164. Letters of credit either general or

special. 2165. Nature of general letter of credit.

Sec. 2166. Extent of general letter of credit. 2167. A letter of credit may be a continu- ing guaranty.

2168. When notice to the writer nece.ssary. 2169. The credit given must agree with the terms of the letter. 2161. Letter of credit, what.—A letter of credit is a written in- strument, addressed by one person to another, requesting the latter to give credit to the person in whose favor it is drawn.

2162. How addressed.—A letter of credit may be addressed to several persons in succession.

2163. Liability of the writer.—The writer of a letter of credit is, upon the default of the debtor, liable to those who gave credit in compliance with its terms.

Ceoss-Reference

When notice to the writer necessary, see section 2168 of this title. 2164. Letters of credit either general or special.—A letter of

credit is either general or special. When the request for credit in a

letter is addressed to specified persons by name or description, the

letter is special. All other letters of credit are general.

Cross-Reference

Credit to correspond with terms of letter, see section 21G9 of this title. 2165. Nature of general letter of credit.—A general letter of

credit gives any person to whom it may be shown authority to comply

254
THE CIVIL CODE [T. 3, § 2174 with its request, and by his so doing it becomes, as to him, of the same effect as if addressed to him by name.

2166. Extent of general letter of credit.—Several persons may

successively give credit upon a general letter. 2167. A letter of credit may be a continuing guaranty.—If the

parties to a letter of credit appear, by its terms, to contemplate a

course of future dealing between the parties, it is not exhausted by

giving a credit, even to the amount limited by the letter, which is subsequently reduced or satisfied by payments made by the debtor,

but is to be deemed a continuing guaranty.

2168. When notice to the writer necessary.—The writer of a let- ter of credit is liable for credit given upon it without notice to him,

unless its terms express or imply the necessity of giving notice.

2169. The credit given must agree with the terms of the let- ter.—If a letter of credit prescribes the persons by whom, or the

mode in which, the credit is to be given, or the term of credit, or

limits the amount thereof, the writer is not bound except for trans- actions which, in these respects, conform strictly to the terms of the

letter. CHAPTER 62.—LIENS IN GENERAL

Art. Sec.

1. Definition of liens 2171

2. Creation of liens 2181

3. Effect of liens 2191

Art. Sec.

4. Priority of liens 2201

5. Redenoiption from liens 2211

6. Extinction of liens 2221 ARTICLE 1.—DEFINITION OF LIENS

Sec. 2171. Lien, what.

2172. Liens, general or special. 2173. General lien, what.

2174. Special lien, what.

Sec. 2175. Prior liens. 2176. Contracts subject to provisions of

this chapter.

Section 2171. Lien, what.—A lien is a charge imposed in some mode other than by a transfer in trust upon specific property by

which it is made security for tlip performance of an act. 2172. Liens, general or special.—Liens are either general or

special.

2173. General lien, what.—A general lien is one which the holder

thereof is entitled to enforce as a security for the performance of all the obligations, or all of a particular class of obligations, which

exist in his favor against the owner of the property.

Cross-Rbfeeences

Banker, see section 2315 of this title. Factors, lien, see section 2314 of this title. Lien for services, see section 2311 of this title. 2174. Special lien, what.—A special lien is one which the holder

thereof can enforce only as security for the performance of a par255
T. 3, § 2175] THE CIVIL CODE

ticular act or obligation, and of such obligations as may be incidental

thereto.

Ceoss-Refebences

Mortgage is a special lien unless otherwise agreed, see section 2233 of this

title. Rights where prior lieu discharged, see section 2175 of this title. Special lien of otiicer levying attachment on execution, see section 2316 of

this title. Special lien on personalty for services, see section 2311 of this title. Special lien of seller of person:ilty, see section 1033 of this title. 2175. Prior liens.—Where the holder of a special lien is compelled

to satisfy a jirior lien for his own protection, he may enforce payment of the amount so paid b}^ him, as a part of the claim for which

his own lien exists. 2178. Contracts subject to provisions of this chapter.—Contracts of mortgage and pledge are subject to all the provisions of

this chapter.

ARTICLE 2.—CREATION OF LIENS

Sec.

I Sec. 2181. Lien, how created. 2183. Lien on future interest. 2182. No lien for claim not due. | 2184. Lien may be created by contract. 2181. Lien, how created.—A lien is created:

1. By contract of the parties; or

2. By operation of law.

2182. No lien for claim not due.—No lien arises by mere operation of law until the time at which the act to be secured thereby

ought to be performed.

2183. Lien on future interest.—An agreement may be made to create a lien upon property not yet acquired by the party agreeing

to give the lien, or not yet in existence. In such case the lien agi'eed

for attaches from the time when the party agreeing to give it acquires an interest in the thing, to the extent of such interest. 2184. Lien may be created by contract.—A lien may be created

by contract, to take immediate effect, as security for the performance

of obligations not then in existence.

ARTICLE 3.—EFFECT OF LIENS

Sec. 2191. Lien, or contract for lien, transf(-rs no title. 2192. Certain contracts void. 2193. Creation of lien does not imply per- sonal obligation.Sec. 2194. Extent of lien. 2195. Holder of lien not entitled to compensation.

2191. Lien, or contract for lien, transfers no title.—Notwith-

.standing an agreement to the contrary, a lien, or a contract for a lien,

transfers no title to the property subject to the lien.

Cross-Refekence

Mortgage gives no right to possession, see section 2237 of tliis title. 256
THE CIVIL CODE [T. 3, § 2202 2192. Certain contracts void.—All contracts for the forfeiture of

property subject to a lien, in satisfaction of (he oblif^'ation secured

therebj'^ and all contracts in restraint of the right of redemption from

a lien, are void.

2193. Creation of lien does not imply personal obligation.—The

creation of a lien does not of itself iini)ly that any person is bound to perform the act for which the lien is a security.

Cross-Reference

See. also, sections 2221, 2238, and 2295 of this title. 2194. Extent of lien.—The existence of a lien upon property does

not of itself entitle the person in whose favor it exists to a lien upon

the same property for the performance of any other obligation than

that which the lien originally secured.

2195. Holder of lien not entitled to compensation.—One who

holds property by virtue of a lien thereon is not entitled to compensation from the owner thereof for any trouble or expense which he

incurs respecting it, except to the same extent as a borrower, under

sections 1239 and 1240 of this title. ARTICLE 4.—PRIORITY OF LIENS

Sec.

I Sec. 2201. Pi-iority of liens. I 2202. Order of resort to different funds. 2201. Priority of liens.—Other things being equal, different liens

upon the same property have priority according to the time of their

creation, except in cases of bottomry and respondentia.

2202. Order of resort to different funds.—Where one has a lien

upon several things, and other persons have subordinate liens upon,

or interests in, some but not all of the same things, the person having the prior lien, if he can do so without risk of loss to himself

01' of injustice to other persons, must resort to the property in the

folloAving order, on the demand of any party interested

1. To the things upon which he has an exclusive lien;

2. To the things which are subject to the fewest subordinate liens

3. In like manner inversely to the number of subordinate liens

upon the same things ; and

4. When several things are within one of the foregoing classes, and

subject to the same number of liens, resort must be had

(1) To the things which have not been transferred since the prior

lien was created

(2) To the things which have been so transferred without a

valuable consideration ; and

(3) To the tilings which have been so transferred for a valuable

consideration in the inverse order of the transfer.

Ckoss-Reference

Marshaling of assets, see section 2755 of this title.

257
T. 3, § 2211] THE OIVIL CODE

ARTICLE 5.—REDEMPTION FROM LIENS

Sec. 2211. Right to redeem ; subrogation. 2212. Rights of inferior lienor.Sec. 2213. Redemption from lien, how made.

2211. Right to redeem; subrogation.—Every person, having an

interest in property subject to a lien, has the right to redeem it from

the lien at any time after the claim is due and before his right of

redemption is foreclosed, and, by such redemption, becomes subrogated to all the benefits of the lien, as against all owners of other

interests in the property, except insofar as he was bound to make

such redemption for their benefit.

Ceoss-Rei'erences

Pledgor's right of redemption may be foreclosed, see section 2306 of this

title. Redemption from execution sale, see title 4, section 602. 2212. Rights of inferior lienor.—One who has a lien inferior to another, upon the same property, has a right

1. To redeem the property in the same manner as its owner might,

from the superior lien ; and

2. To be subrogated to all the benefits of the superior lien, when

necessary for the protection of his interests, upon satisfying the

claim secured thereby.

2213. Redemption from lien, how made.—Redemption from a

lien is made by performing, or offering to perform, the act for the

performance of which it is a security, and paying, or offering to pay,

the damages, if any, to which the holder of the lien is entitled for

delay.

Cross-Referencb

Offer to perform, see section 731 of this title. ARTICLE 6.—EXTINCTION OF LIENS

Sec. 2221. Lion deemed accessory to the whose performance it secures. 2222. Extinction by sale or conversion.

act

Sec. 2223. Lien extinguished hy lapse of time under statute of "limitations. 2224. Apportionment of lien. 2225. When restoration extinguishes lien. 2221. Lien deemed accessory to the act whose performance it secures.—A lien is to be deemed accessory to the act for the per- formance of which it is a security, whether any person is bound for

such performance or not, and is extinguishable in like manner with

any other accessory obligation.

Ckoss-Refeeence

Assignment of debt, see section 2246 of this title. 2222. Extinction by sale or conversion.—The sale of any property on which there is a lien, in satisfaction of the claim secured thereby

or in case of personal property, its wrongful conversion by the person

holding the lien, extinguishes the lien thereon.

Ckoss-Reference

Sale of property by lien holder, see section 2313 of this title. 258
THE CIVIL CODE [T. 3, § 2233

2223. Lien extinguished by lapse of time under statute of limitations.—A lien is extinguished by the lapse of the time within

which, under the provisions of Title 4, The Code of Civil Procedure, an action can be brought upon the principal obligation.

Cboss-Refekench

Limitation of actions, see title 4, sections 81 et seq. 2224. Apportionment of lien.—The partial performance of an act secured by a lien does not extinguish the lien upon any part of the

property subject thereto, even if it is divisible. 2225. When restoration extinguishes lien.—The voluntary resto- ration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property,

unless otherwise agreed by the parties, and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons

subsequently acquiring a title to the property, or a lien thereon, in good faith, and for value.

Ckoss-Refebence

Lien dependent on possession, see section 2311 of this title. CHAPTER 63.—MORTGAGE

Art. Sec.

1. Mortgages in general 2231

Art.

2. Mortgages of personal property.

Sec. 2261 ARTICLE 1.—MORTGAGES IN GENERAL

Sec. 2231. Mortgage, what.

2232. To be in writing. 2233. Lien of a mortgage, when special. 2234. Transfer, when mortgage, when

pledge. Transfer made subject to defeasance may be proved. Mortgage, on what a lien. Mortgage does not entitle mortgagee

to possession. 2238. Mortgage not a personal obligation. 2239. Waste.

2240. Subsequently acquired title inures to mortgagee.

2241. Power of sale.

2235

2236

2237

Sec. 2242. Power of attorney to execute. 2243. Mortgage, when void as to third persons. 2244. Recording assignment of mortgage.

2245. Recording assignment of mortgage

not notice to mortgagor.

2246. Mortgage passes by assignment of

debt. 2247. Mortgage, how discharged. 2248. Same.

2249. Duty of mortgagee on satisfaction

of mortgage.

2250. Provisions of this chapter do not

affect bottomry or respondentia.

Section 2231. Mortgage, what.—Mortgage is a contract by which

specific property is hypothecated for the performance of an act, with- out the necessity of a change of possession.

Cross-Refeeencbs

Actual transfer of possession of personalty would change it into a pledge, see

section 2234 of this title. Mortgage not a conveyance, see title 4, section 667. 2232. To be in writing.—A mortgage can be created, renewed, or

extended, only by writiftg, subscribed by the party to be charged or by his agent thereunto authorized in writing.

2233. Lien of a mortgage, when special.—The lien of a mortgage

is special, unless otherwise expressly agreed, and is independent of

possession. Ceoss-Reference

Special lien, definition, see section 2174 of this title. 259
T. 3, § 2234] THE CIVIL CODE

2234. Transfer, when mortgage, when pledge.—Every transfer

of an interest in property, other than in trust, made only as a security

for the performance of another act, is to be deemed a mortgage, ex- cept when it is accompanied by actual change of possession, in which

case it is to be deemed a pledge.

Ckoss-Ref1'::sences Deed absolute on its face, when a mortgage, see section 2235 of this title. Mortgage not a conveyance, see title 4, section 667. 2235. Transfer made subject to defeasance may be proved.

The fact that a transfer v;as made subject to defeasance on a condition, may, for the purpose of showing such transfer to be a mortgage, be proved (except as against a subsequent purchaser or en- cumbrancer for value and without notice), though the fact does

not appear by the terms of the instrument.

Cross-Reference

Transfer, when mortgage, wlien pledge, see section 2_34 of this title. 2236. Mortgage, on what a lien.—A mortgage is a lien upon

everything that would pass by a grant of the property.

Cross-References

Fixtures, generally, see section 257 of this title. Growing crops, see section 2272 of this title. 2237. Mortgage does not entitle mortgagee to possession.—

mortgage does not entitle the mortgagee to the possession of the

property, imless authorized by the express terms of the mortgage;

but after the execution of the mortgage the mortgagor may agree

to such change of possession without a new consideration.

Cross-References

Mortgagee's possession, see sections 2231 and 2233 of this title. Foreclosure necessary to erititle mortgagee to possession, see title 4, section

667.2238. Mortgage not a personal obligation.—A mortgage does not

bind the mortgagor personally tO' perform the act for the performance of which it is a security, unless there is an express convenant

therein to that effect. 2239. Waste.—No person whose interest is subject to the lien of

a mortgage may do any act which will substantially impair the

mortgagee's security.

Cross-Refekence

Damages recoverable by purchaser at sale, for injuries by tenant, see title

4, section 669. 2240. Subsequently acquired title inures to mortgagee.—Title

acquired by the mortgagor subsequent to the execution of the mortgage, inures to the mortgagee as security for (lie debt in like manner

as if acquired before the execution.

260
THr] CIVIL com: [t. s, §2248

2*^41 Power of sale.—A power of sale may be conferred by a mortgage upon the mortgagee or any other person, to be exercised

after a breach of the obligation for which the mortgage is a security.

2242. Power of attorney to execute.—A power of attorney to execute a mortgage must be in writing, subscribed, acknowledged

or proved, and certified in the manner prescribed 111 chapter zZ ol

this title, and recorded in the office of the registrar ot property.

Ceoss-Refeicence

Authorization, generallj', see section 1G26 ol" this title.

2243. Mortgage, when void as to third persons.—A mortgage of

property is void as against creditors of the mortgagor and sub>sequent

purchasers and encumbrancers of the property in good faith for

value, unless it is acknowledged or proved and certuied m the nianner

prescribed in chapter 22 of this title, and recorded m the office ol

the registrar of property of the Canal Zone.

Cross-Reference

Clerk of district court as ex-officio registrar of property, see title 4, section 967. 2244. Recording assignment of mortgage.—An assignment of a mortgage may be recorded in Jike manner as a mortgage, and such

record Operates as notice to all persons subsequently deriving title to the mortgage from the assignor.

2245. Recording assignment of mortgage not notice to mortgagor.—When the mortgage is executed as security for money due, or to become due, on a promissory note, bond, or other instrument

clesicrnated in the mortgage, the record of the assignment ot the

morto-age is not, of itself, notice to a mortgagor, his heirs, or personal

repre^lentatives, so as to invalidate any payment made by them or

either of them, to the person holding such note, bond, or other

instrument.

2246. Mortgage passes by assignment of debt,—The assignment

of a debt secured by mortgage carries with it the security.

22^7. Mortgage, how discharged.—A recorded mortgage may be

discharged by an entry in the margin of the record thereof, signeri

bv the" mortgagee, or his personal representative or assignee^

acknowledging the satisfaction of the mortgage m the presence ot the registrar of property, who must certify the acknowledgment m

form substantially as follows: "Signed and acknowieclged before

me, this day of , in the year . A. B., Registrar

of Property."

2248. Same,—A recorded mortgage, if not discharged as provided

in the next preceding section, must be discharged upon tne record by

the officer having custody thereof, on the presentation to him ot a

certificate signed by the mortgagee, his personal representatives or

assions, acknowledged or proved and certified as prescribed l^J pnapter 22 of this title, stating that the mortgage has been paid, satisfaed, or discharged.

261
T. 3, § 2249] THE CIVIL CODE

2249. Duty of mortgagee on satisfaction of mortgage.—When

any mortgage has been satisfied, the mortgagee or his assignee

must immediately, on the demand of the mortgagor, execute, acknowledge, and deliver to him a certificate of the discharge thereof, so

as to entitle it to be recorded, or he must enter satisfaction, or cause, satisfaction of such mortgage to be entered of record; and any

mortgagee, or assignee of such mortgagee, who refuses to execute,

acknowledge, and deliver to the mortgagor the certificate of dis- charge, or to enter satisfaction, or cause satisfaction of the mortgage

to be entered, as provided in this chapter, is liable to the mortgagor,

or his grantee or heirs, for all damages which he or they may sustain

by reason of such refusal, and shall also forfeit to him or them

the sum of one hundred dollars. 2250. Provisions of this chapter do not aflfect bottomry or re- spondentia.—Contracts of bottomry or respondentia, although in the

nature of mortgages, are not affected by any of the provisions of

this chapter.

ARTICLE L'.—MORTGAGES OF PERSONAL PROPERTY

Sec. 2261. What personal property may be

mortsagtHi. 2262. Mortgage of stock in trade of merchant. 2263. Form of personal mortgage.

2264. When void as to third persons.

22G5. Books to be kept for personal mortgages.

2266. Removing mortgaged property from

Canal Zone.

2267. How foreclosed.

Sec. 2268 Mortgaged property may be levied upon.

2269. Attachment and executions on mort- gaged personal property. 2270. Application of proceeds of sale. 2271. Certain sections not applicable to mortgage of certain ships. 2272. Continuance of lien of mortgage on

crops. 2273. Validity of certain mortgages.

2261. What personal property may be mortgaged.—Mortgages

may be made upon all growing crops, including fruit, and upon

any and all kinds of personal property, except articles of wearing

apparel and personal adornment.

Ckoss-Reference As to the validity of mortgages on excepted property, see section 2273 of this

title. 2262. Mortgage of stock in trade of merchant.—Where a mortgage is made upon the stock in trade of a merchant, it shall be

deemed, in the absence of a contrary intention, to cover goods subsequently acquired; and purchasers from the mortgagor in good

faith and in the usual course of business shall not be liable to the

mortgagee.

2263. Form of personal mortgage.—A mortgage of personal

property may be made in substantially the following form

This mortgage, made the day of , in the year , by

A B, of , by occupation a , mortgagor, to C D, of , by

occupation a , mortgagee, witnesseth : That the mortgagor mortgages to the mortgagee (here describe

the property), as security for the payment to him of dollars, on

(or before) the day of , in the year , with interest

thereon (or, as security for the payment of a note or obligation,

describing it, and so forth) A B.

262
\ THE CIVIL CODE [T. 3, § 2269 2284. When void as to third persons.—A mortgage of personal

proj^erty is void as against creditors of the mortgagor and subsequent purchasers and encumbrancers of the property in good faith

and for value, unless:

1. It is accompanied by the affidavit of all the parties thereto

that it is made in good faith and without any design to hinder,

delay, or defraud creditors;

2. It is acknowledged or proved and certified in the manner pre- scribed in chapter 22 of this title, and recorded in the office of the

registrar of property of the Canal Zone.

2265. Books to be kept for personal mortgages.—Mortgages of

personal property must be recorded in books kept for personal

mortgages exclusively.

Ckoss-Reference

Planner of acknowl^ging, proving, certifying, and recording, see section 2264

of this title. 2266. Removing mortgaged property from Canal Zone.—No

mortgagor shall remove or permit the removal of mortgaged property from the Canal Zone without the written consent of the mortgagee.

2267. How foreclosed.—A mortgagee of personal property, when

the debt to secure which the mortgage was executed becomes due,

may foreclose the mortgagor's right of redemption by a sale of the

property, made in the manner and upon the notice prescribed by

chapter 64 of this title on " pledge ", or by proceedings under Title

4, The Code of Civil Procedure.

Ckoss-References

Actual notice required, see section 2297 of tliis title. Sale of pledge, see sections 2295 et seq., of this title. Foreclosure, see title 4, sections 641 to 644. 2268. Mortgaged property may be levied upon.—Personal property mortgaged may be taken under attachment or execution issued

at the suit of a creditor of the mortgagor.

2269. Attachment and executions on mortgaged personal property.—Before the property is so taken the officer must pay or tender

to the mortgagee the amount of the mortgage debt and interest or must deposit the amount thereof with the registrar of property,

payable to the order of the mortgagee: Provided^ however^ That

when an attachment or execution creditor presents to the officer a

verified statement that the mortgage is void or invalid for reasons

therein specified and delivers to the officer a good and sufficient indemnity bond in double the amount of the mortgage debt or double

the value of the mortgaged property, as the officer may determine

and require, the officer shall take the property, and, in the case of an

execution, sell it in the manner provided by law.

The bond shall be made to both the officer and the mortgagee and

shall indemnify them and each of them for the taking of the property against loss, liability, damages, costs, and counsel fees. Choss-Reference Measure of special owner's damage for conversion, see section 2664 of this

title. 263
T. 3, § 2270] THE CIVIL CODE

2270. Application of proceeds of sale.—When the property is taken after payment or tender of deposit as provided for in section

2269 of this title, and is sold under process the officer must apply

the proceeds of the sale as follows

1. To the repayment of the sum paid to the mortgagee, with

interest from the date of such payment; and

2. The balance, if any, in like manner as the proceeds of sales under execution are applied in other cases. When the property is taken after presentation to the officer of

the verified statement and bond mentioned in the proviso in section

2269 and is sold under process the officer must apply the proceeds

of the sale as follows

1. To the satisfaction of the amount specified in the process

including interest and costs ; and

2. The balance, if any, in like manner as the proceeds of sales under execution are applied in other cases. •

2271. Certain sections not applicable to mortgage of certain

ships.—Sections 2264 to 2266 of this title do not apply to any mortgage of a ship or part of a ship under the flag of the United States. 2272. Continuance of lien of mortgage on crops.—The lien of a mortgage on a growing crop continues on the crop after severance, whether remaining in its original state or converted into another

product, so long as the same remains on the land of mortgagor.

2273. Validity of certain mortgages.—Mortgages of personal

property, other than that mentioned in section 2261 of this title, and mortgages not made in conformity with the provisions of this

article, are nevertheless valid between the parties, their heirs,

legatees, and personal representatives, and persons who, before parting with value, have actual notice thereof.

CHAPTER 64.—PLEDGE

Sec. 2281.

22S2.

2283. 2284.

2285.

2286.

2287.

22S;8. 2289.

2290. 2291.

2292.

riedge, what. WhPD contract is to bo deemed a

pledge. Delivery essential to validity of

pledge. Increase of thing. Lienor may pledge property to extent

of his lien. Real owner cannot defeat pledge of property transferred to apparent owner for the purpose of pledge. Pledge lender, what. Pledge holder, what. When pledge lender may wilhdraw

property pledged. Ohligations of pledge holder. Pledge holder must enforce rights

I if pledgee. Obligation of pledgee and pledge

holder, for reward.

Sec. 2293. Gratuitous pledge holder. 2294. Debtor's misrepresentation of value

of pledge. 2295. When pledgee may sell. 2296. Sale of pledged property.

2297. Notice of sale of pledgor. 2298. Waiver of notice of sale. 2299. Waiver of demand.

2300. Sale uf pledged prop«'rty, manner of. 2301. Pledgee's sale of securities. 2302. Sale on the dem;ind of the pledgor. 2303. Surplus to be paid to pledgor. 2304. Plcilgee may retain all that can become due. 2305. Pli-dgee or pledge holder may purchase. 2306. Pledgee may foreclose right of re- demption.

Section 2281. Pledge, what.—Pledge is a deposit of personal property by way of security for the performance of another act.

Ckoss-Rkfebence

Increase of property pledged, see section 2284 of this title

264
THE CIVIL CODE [T. 3, § 2292 2282. When contract is to be deemed a pledge.—Every contract by -which the possession of personal property is transferred, as

security only, is to be deemed a pledge.

2283. Delivery essential to validity of pledge.—The lien of a pledge is dependent on possession, and no pledge is valid until the

property pledged is delivered to the pledgee, or to a pledge holder,

as hereinafter prescribed.

2284. Increase of things.—The increase of property pledged is pledged with the property.

2285. Lienor may pledge property to extent of his lien.—One

who has a lien upon property may pledge it to the extent of his lien. Cross-References

Compare section 2286 of tliis title. Lienor's action for damages, see section 2664 of tliis title. 2286. Real owner cannot defeat pledge of property transferred

to apparent owner for the purpose of pledge.—One who has allowed

another to assume the apparent ownership of property for the purpose of making awj transfer of it, cannot set up his own title, to defeat a pledge of the property, made by the other, to a pledgee who

received the property in good faith, in the ordinary course of business, and for value.

2287. Pledge lender, what.—Property may be pledged as security

for the obligation of another person than the owner, and in so doing the owner has all the rights of a pledgor for himself, except

as hereinafter stated. 2288. Pledge holder, what.—A pledgor and pledgee may agree

upon a third person with whom to deposit the property pledged,

who, if he accej)ts the deposit, is called a pledge holder.

2289. When pledge lender may withdraw property pledged.—

One who pledges property as security for the obligation of another

cannot withdraw the property pledged otherwise than as a pledgor

for himself might, and if he receives from the debtor a consideration

for the pledge he cannot withdraw it without his consent. 2290. Obligations of pledge holder.—A pledge holder for reward

cannot exonerate himself from his undertaking; and a gratuitous

pledge holder can do so only by giving reasonable notice to the

pledgor and pledgee to appoint a new pledge holder, and in case of

their failure to agree, by depositing the property pledged with some

impartial person, v/ho wi'l then be entitled to a reasonable compensation for his care of the same.

2291. Pledge holder must enforce rights of pledgee.—A pledge

holder must enforce all the rights of the pledgee, unless authorized

by him to waive them.

2292. Obligation of pledgee and pledge holder, for reward.—A

pledgee, or a pledge holder for reward, assumes the duties and

liabilities of a depositary for reward.

Cross-Reterencb

Depositary for reward, see section 1132 of tliis title. 93083—34 IS 265
T. 3, §2293] THE CIVIL CODE

2293. Gratuitous pledge holder.—A gratuitous pledge holder assumes the duties and liabilities of a gratuitous depositary.

Cross-Reference

Gratuitous pledge holder, see sections 1123 and 1124 of this title. 2294. Debtor's misrepresentation of value of pledge.—Wliere a debtor has obtained credit, or an extension of time, by a fraudulent

misrepresentation of the value of property pledged by or for him,

the creditor may demand a further pledge to correspond with the

value represented; and in default thereof may recover his debt

immediately, though it be not actually due.

2295. When pledgee may sell.—When performance of the act for

which a pledge is given is due, in whole or in part, the pledgee may

collect what is due to him by a sale of property pledged, subject to the rules and exceptions hereinafter prescribed.

Cross-Reference

Foreclosure of right of redemption, see section 2306 of this title. 2296. Sale of pledged property.—Before property pledged can be

sold, and after performance of the act for which it is security is due, the pledgee must demand performance thereof from the debtor,

if the debtor can be found.

Cross-Reference

Waiver of demand of performance before sale, see section 2299 of this title. 2297. Notice of sale to pledgor.—A pledgee must give actual

notice to the pledgor of the time and place at which the property

pledged will be sold, at such a reasonable time before the sale as will enable the pledgor to attend.

2298. Waiver of notice of sale.—Notice of sale may be waived by

a pledgor at any time; but is not waived by a mere waiver of demand

of performance.

2299. Waiver of demand.—A debtor or pledgor waives a demand

of performance as a condition precedent to a sale of the property

pledged, by a positive refusal to perform, after performance is due

but cannot waive it in any other manner except by contract,

2300. Sale of pledged property, manner of.—The sale by pledgee,

of proj^erty pledged, must be made by public auction, in the manner

and upon the notice of sale of personal property under execution.

2301. Pledgee's sale of securities.—A pledgee cannot sell any

evidence of debt pledged to him, except the obligations of governments, States, or corporations ; but he may collect the same when due.

Cross-Reference

Right of redemption, see section 2211 of this title. 2302. Sale on the demand of the pledgor.—^Vllenever property

pledged can be sold for a price sufficient to satisfy the claim of the

286
THE CIVIL CODE [T. 3, § 2311

pledgee, the pledgor may require it to be sold, and its proceeds to be

applied to such satisfaction, when due.

Cross-Reitekence

Retaining proceeds, see section 2304 of this title. 2303. Surplus to be paid to pledgor.—After a pledgee has lawfully sold property pledged, or otherwise collected its proceeds, he

may deduct therefrom the amount due under the principal obligation,

and the necessary expenses of sale and collection, and must pay the

surplus to the pledgor, on demand.

2304. Pledgee may retain all that can become due.—When property pledged is sold by order of the pledgor before the claim of the

pledgee is due, the latter may retain out of the proceeds all that can

possibly become due under his claim until it becomes due.

2305. Pledgee or pledge holder may purchase.—Whenever property pledged is sold at public auction, in the manner provided by

section 2300 of this title, the pledgee or pledge holder may purchase

said property at such sale. 2306. Pledgee may foreclose right of redemption.—Instead of

selling property pledged, as hereinbefore provided, a pledgee may

foreclose the right of redemption by a judicial sale, under the direction of a competent court; and in that case may be authorized by

the court to purchase at the sale. CHAPTER 65.—OTHER LIENS

Sec. 2311. Lien on personal property for services thereon. 2312. Limitation on amount recoverable where written notice not given. 2313. Lien holdpr may sell property ; notice

of sale ; proceeds.

Sec. 2314. Lien of factor. 2315. Banker's lien. 2316. Officer's lien.

Ceoss-Ee^'Erence Lien of seller of goods, see sections 1083 et seq., of this title. Section 2311. Lien on personal property for services thereon.—

Every person who, while lawfully in possession of an article of

personal property, renders any service to the owner thereof, by

labor or skill, employed for the protection, improvement, safe- keeping, or carriage thereof, has a special lien thereon, dependent on possession, for the compensation, if any, which is due to him

from the owner for such service; a person who makes, alters, or

repairs any article of personal property, at the request of the owner,

or legal possessor of the property, has a lien on the same for his

reasonable charges for the balance due for such work done and

materials furnished, and may retain possession of the same until

the charges are paid ; and livery or boarding or feed-stable proprietors, and persons pasturing horses or stock, have a lien, dependent on possession, for their compensation in caring for, boarding, feeding, or pasturing such horses or stock; and laundry proprietors and

persons conducting a laundry business, have a general lien, dependent on possession, upon all personal property in their hands belong267
T. 3, § 2312] THE CIVIL CODE

ing to a customer, for the balance due them from such customer for

laundry work; and veterinary proprietors and veterinary surgeons

shall have a lien, dependent on possession, for their compensation

in caring for, boarding, feeding, and medical treatment of animals;

and keepers of garages for automobiles shall have a lien, dependent on possession, for their compensation in caring for and safe-keeping

such automobiles.

Choss-References

Carrier's lien, see section 1459 of this title. Restoration of property extinguishes lien, see section 222r) of this title. 2312. Limitation on amount recoverable where written notice

not given.—That portion of any lien, as provided for in the next preceding section, in excess of $100, for any work, services, care, or safe-keeping rendered or performed at the request of any person

other than the holder of the legal title, shall be invalid, unless prior

to commencing any such work, service, care, or safe-keeping, the per- son claiming such lien shall give actual notice in writing either by

personal service or by registered letter addressed to the holder of

the legal title to such property, if known. In the case of automobiles,

the person named as legal owner in the registration certificate, shall be deemed for the purpose of this section, as the holder of the legal

title. 2313. Lien holder may sell property; notice of sale; proceeds.—

If the person entitled to the lien provided for in section 2311 of this

title be not paid the amount due and for which said lien is given,

within twenty clays after the same shalL have become due, then such

lien holder may proceed to sell said property, or so much thereof as may be necessary to satisfy said lien and costs of sale, at public auction, and by giving at least ten days' previous notice of such sale by

advertising in some newspaper of general circulation in the Canal

Zone. The proceeds of the sale must be applied to the discharge of

the lien and the cost of keeping and selling the property; the re- mainder, if any, must be paid over to the owner thereof.

Cross-Refeojencb

Extinguishment of lien by sale or conversion, see section 2222 of this title. 2314. Lien of factor.—A factor has a general lien, dependent on

possession, for all that is due to him as such, upon all articles of

commercial value that are intrusted to him by the same principal.

Cross-Refebences

Factor's enforcement of lien, see section 1372 of this title. Power of pledging, see section 228G of this title. 2315. Banker's lien.—A banker has a general lien, dependent on

possession, upon all property in his hands belonging to a customer,

for the balance due to him from such customer in the course of the

business.

2316. Officers' lien.—An officer who levies an attachment or exe- cution upon personal property acquires a special lien, dependent on

268
THE CIVIL CODE [T. 3, § 2323

possession, upon such property, which authorizes him to hold it until

the process is discharged or satisfied, or a judicial sale of the property

is had.

Cross-Refekence

Attachment and execution, see title 4, sections 356, 583, 588, and 590. CHAPTER 66.—NEGOTIABLE INSTRUBIENTS IN GENERAL

Art. Sec.

1. Form and intrrpretation 2.3i?l

i.'. Consicleration 2351

S. Negotiation 2361

4. Rights of the Iiolder 2391

5. Liabilities of parties 2401

Art. Sec.

6. Presentment for pnyment 2421

7. Notice of dishonor 2441

S. Discharge of negotiable instru- ments 2481

Note.—Tliis cliapter and cliapters C7 to 69 of tins title comprise tl'.e Uniform

Negotiable Instruments Act. ARTICLE 1.—FORM AND INTERrHETATION

Sec. 2321. 0009

2323.' 2324.

2325.

2326.

2327.

2328. 2329.

2330.

2331.

2332.

Requirements for negotiable instru- ment. Sum payable certain. Unqualified promise unconditional. Time for payment.

Noniiegotiable instrument.

Negotiability not affected. Payable on demand.

Payable to order. Payable to bearer. Language of instrument. True date. Ante or post dating.

Sec. 2333. Insertion of date. 2334. Filling up blanks. 2335. Incomplete instrument not delivered. 2336. Delivery necessary.

2337. Rules of construction. 2338. Liability on instrument.

2339. Sisinature by agent. 2340. Liability of ••.gent. 2341. SiLinature by " Procuration."

2342. Endorsement l)y corporation or

infant. 2343. Forged signature.

Section 2321. Requirements for negotiable instrument.—An in- strument to be negotiable must conform to the following requirements :

( 1

) It must be in writing and signed by the maker or drawer

(2) Must contain an unconditional promise or order to pay a sum

certain in money;

(3) Must be payable on demand, or at a fixed or determinable

future time;

(4) Must be payable to order or to bearer; and

(5) Where the instrument is addressed to a drawee, he must be

named or otherwise indicated therein with reasonable certainty.

2322. Sum payable certain.—The sum payable is a sum certain

within the meaning of chapters 66 to 69 of this title, although it is to be paid

(1) With interest; or

(2) By stated installments; or

(3) By stated installments, with a provision that upon default

in payment of any installment or of interest, the whole shall become

due ; or

(4) AVith exchange, whether at a fixed rate or at the current

rate; or

(5) With costs of collection or an attorney's fee, in case payment

shall not be made at maturity,

2323, Unqualified promise unconditional,—An unqualified order

or promise to pay is unconditional within the meaning of chapters

06 to 69 of this title, though coupled with

269
T. 3, § 2324] THE CIVIL CODE

(1) An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the

amount; or

(2) A statement of the transaction which gives rise to the

instrument.

But an order or promise to pay out of a particular fund is not

unconditional.

2324. Time for payment.—An instrument is payable at a determinable, future time, within the meaning of chapters 66 to 69 of this

title, which is expressed to be payable

(1) At a fixed period after date or sight; or

(2) On or before a fixed or determinable future time specified

therein; or

(3) On or at a fixed period after the occurrence of a specified

event, which is certain to happen, though the time of happening be

uncertain.

An instrument payable upon a contingency is not negotiable, and

the happening of the event does not cure the defect. 2325. Nonnegotiable instrument.—An instrument which contains an order or promise to do any act in addition to the payment of

money is not negotiable. But the negotiable character of an instrument otherwise negotiable is not affected by a provision which

(1) Authorizes the sale of collateral securities in case the instrument be not paid at maturity ; or

(2) Authorizes a confession of judgment, if the instrument be not paid at maturity ; or

(3) Waives the benefit of any law intended for the advantage or protection of the obligor; or

(4) Gives the holder an election to require something to be done

in lieu of payment of money.

But nothing in this section shall validate any provision or stipulation otherwise illegal,

2326. Negotiability not affected.—The validity and negotiable

character of an instrument are not affected by the fact that

(1) It is not dated ; or

(2) Does not specify the value given, or that any value has been

given therefor ; or

(3) Does not specify the place where it is drawn or the place

where it is payable ; or

(4) Bears a seal; or

(5) Designates a particular kind of current money in which payment is to be made.

But nothing in this section shall alter or repeal any statute requiring in certain cases the nature of the consideration to be stated in

the instrument.

2327. Payable on demand.—An instrument is payable on demand

(1) Where it is expressed to be payable on demand, or at sight, or on presentation; or

(2) In which no time for payment is expressed.

270
THE CIVIL CODE [T. 3, § 2334 Where an instrument is issued, accepted, or indorsed when over- due, it is, as regards the person so issuing, accepting, or indorsing

it, payable on demand.

2328. Payable to order.—The instrument is payable to order

where it is drawn payable to the order of a specified person or to him or his order. It may be drawn payable to the order of

(1) A payee who is not maker, drawer, or drawee; or

(2) The drawer or maker; or

(3) The drawee; or

(4) Two or more payees jointly; or

(5) One or some of several payees; or

(6) The holder of an office for the time being.

Where the instrument is payable to order the payee must be named

or otherwise indicated therein with reasonable certainty.

2329. Payable to bearer.—The instrument is payable to bearer

(1) When it is expressed to be so payable; or

(2) When it is payable to a person named therein or bearer; or

(3) When it is payable to the order of a fictitious or nonexisting

person, and such fact was known to the person making it so payable;

or

(4) When the name of the payee does not purport to De tne name

of any person ; or

(5) Wlien the only or last indorsement is an indorsement in blank.

2330. Language of instrument.—The instrument need not follow

the language of chapters 66 to 69 of this title, but any terms are suffi- cient which clearly indicate an intention to conform to the requirements thereof.

2331. True date.—Where the instrument or an acceptance or any

indorsement thereon is dated, such date is deemed prima facie to be

the true date of the making, drawing, acceptance, or indorsement as the case may be. 2332. Ante or post dating.—The instrument is not invalid for the reason only that it is antedated or postdated, provided this is not

done for an illegal or fraudulent purpose. The person to whom an

instrument so dated is delivered acquires the title thereto as of the

date of delivery.

2333. Insertion of date.—Wliere an instrument expressed to be

payable at a fixed period after date is issued undated, or where the

aceptance of an instrument payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or ac- ceptance, and the instrument shall be payable accordingly. The in- sertion of a wrong date does not avoid the instrument in the hands

of a subsequent holder in due course; but as to him, the date so inserted is to be regarded as the true date.

2334. Filling up blanks.—Where the instrument is wanting in any

material particular, the person in possession thereof has a prima

facie authority to complete it by filhng up the blanks therein. And

a signature on a blank paper delivered by the person making the

signature in order that the paper may be converted into a negotiable

instrument operates as a prima facie authority to fill it up as such

271
T. 3, § 2335] THE CIVIL CODE

for any amount. In order, however, that any such instrument when

completed may be enforcecl against any person who became a party

thereto prior to its completion, it must be filled up strictly in accord- ance with the authority given and within a reasonable time. But

if any such instrument, after completion, is negotiated to a holder

in due course, it is valid and effectual for all purposes in his hands,

and he may enforce it as if it had been filled up strictly in accordance

with the authority given and within a reasonable time.

2335. Incomplete instrument not delivered.—Where an incomplete instrument has not been delivered it w^ill not, if completed and

negotiated, without authority, be a valid contract in the hands of any

holder, as against any person Vvdiose signature was placed thereon

before delivery.

2336. Delivery necessary.—Every contract on a negotiable in- strument is incomplete and revocable until delivery of the instrument for the purpose of giving effect thereto. As between immediate

parties, and as regards a remote party other than a holder in due

course, the delivery, in order to be effectual, must be made either

by or under the authority of the part}' making, drawing, accepting, or indorsing, as the case may be ; and in such case the delivery may

be shown to have been conditional, or for a special purpose only,

and not for the purpose of transferring the property in the instrument. But where the instrument is in the hands of a holder in due

course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed. And where

the instrument is no longer in the possession of a party whose

signature appears thereon, a valid and intentional delivery by him

is presumed until the contrary is proved.

2337. Rules of construction.—Where the language of the instrument is ambiguous or there are omissions therein, the following rules

of construction apply

(1) Where the sum payable is expressed in words and also in fig- ures and there is a discrepancy^ between the two, the sum denoted by

the words is the sum payable; but if the words are ambiguous or uncertain, reference may be had to the figures to fix the amount

(2) Where the instrument provides for the payment of interest,

without specifying the date from which interest is to run, the interest runs from the date of the instrument, and if the instrument is undated, from the issue thereof

(3) Where the instrument is not dated, it will be considered to be

dated as of the time it was issued

(4) Where, there is a conflict between the written and printed

provisions of the instrument, the written provisions prevail

(5) Where the instrument is so ambiguous that there is doubt

whether it is a bill or note, the holder may treat it as either at his

election

(6) Where a signature is so placed ujjon the instrument that it is not clear in what capacity the person making the same intended to

sign, he is to be deemed an indorscr

(7) Where an instrument containing the words " I promise to pay " is signed by two or more persons, they are deemed to be jointly

and severally liable thereon.

272
THE CIVIL CODE [T. 3, § 2353 2338. Liability on instrument.—No person is liable on the instrument whoye signature does not appear thereon, except as herein otherwise expressly provided. But one who signs in a trade or assumed name Avill be liable to the same extent as if he had signed in his own

name.

2339. Signature by agent.—The signature of any party may be

made by a duly authorized agent. No particular form of appointment is necessary for this purpose; and the authority of the agent

may be established as in other cases of agency.

2340. Liability of agent.—Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not

liable on the instrument if he vras duly authorized; but the mere

addition of Avorcls describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt

him from personal liability.

2341. Signature by " procuration."—A signature by " procuration " operates as notice that the agent has but a limited authority

to sign, and the principal is bound only in case the agent in so signing

acted within the actual limits of his authority.

2342. Indorsement by corporation or infant.—The indorsement

or assignment of the instrument by a corporation or by an infant

passes th.Q property therein, notwithstanding that from want of ca- pacity the corporation or infant may incur no liability thereon.

2343. Forged signature.—When a signature is forged or made

without the authority of the person whose signature it purports to be,

it is wholly inoperative, and no right to retain the instrument, or

to give a clischarge therefor, or to enforce payment thereof against

any party thereto, can be acquired through or under such signature,

unless tlie party, against whom it is sought to enforce such right, is precluded from setting up the forgery or want of authority.

ARTICLE 2.—CONSIDERATION

Sec. 2351. Presumption of consideration.

2352. Consiclerafion. what constitutes, 2353. Holder for value.

Sec.

2.S54. Lien on an instrument.

2355. Effect of want of consideration. 2356. Liability of accommodation party. 2351. Presumption of consideration.—Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration; and every person whose signature appears thereon to have become a party thereto for value.

2352. Consideration, what constitutes.—Value is any consideration sufficient to support a simple contract. An antecedent or pi-eexisting debt constitutes value, and is deemed such whether the in- strument is payable on demand or at a future time.

2353. Holder for value.—Where value has at any time been given

for the instrument, the holder is deemed a holder for value in respect to all parties who become such prior to that time.

273
T. 3, § 2354] THE CIVIL CODE

2354. Lien on an instrument.—Where the holder has a lien on the

instrument, arising either from contract or by implication of law,

he is deemed a holder for value to the extent of his lien. 2355. Effect of want of consideration.—Absence or failure of consideration is matter of defense as against any person not a holder in due course ; and partial failure of consideration is a defense pro tanto,

whether the failure is an ascertained and liquidated amount or otherwise2356. Liability of accommodation party.—An accommodation

party is one who has signed the instrument as maker, drawer, ac- ceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such

holder at the time of taking the instrument knew him to be only an accommodation party.

ARTICLE 3.—NEGOTIATION

Sec. 2361. 2362.

2363. 2364.

2365.

2366.

2367.

2368.

2369.

2370.

Negotiation. Indorsement. Indorsement of entire instrument. Kinds of indorsement.

Special indorsement. Blank indorsement, liow changed to

special indorsement. Indorsement restrictive. Rigiits conferred.

Qualified indorsement.

Conditional indorsement.

Sec. 2371. Payable to bearer. 2372. Payable to two or more persons. 2373. Indorsed to person as Cashier.' 2374. Name misspelled. 2375. In representative capacity. 2376. Time of indorsement.

2377. Place of indorsement.

2378. Continuation.

2379. Striking out indorsement.

2380. Transfer without indorsement.

2381. Prior party may negotiate. 2361. Negotiation.—An instrument is negotiated when it is trans- ferred from one person to another in such manner as to constitute

the transferee the holder thereof. If payable to bearer it is negotiated by delivery; if payable to order it is negotiated by the

indorsement of the holder completed by delivery.

2362. Indorsement.—The indorsement must be written on the in- strument itself or upon a paper attached thereto. The signature of

the indorser, without additional words, is a sufficient indorsement.

2363. Indorsement of entire instrument.—The indorsement must

be an indorsement of the entire instrument. An indorsement which

purports to transfer to the indorsee a part only of the amount payable, or which purports to transfer the instrument to two or more

indorsees severally, does not operate as a negotiation of the instrument. But where the instrument has been paid in part, it may be

indorsed as to the residue.

2364. Kinds of indorsement.—An indorsement may be either special or in blank ; and it may also be either restrictive or qualified, or

conditional.

2365. Special indorsement.—A special indorsement specifies the

person to whom, or to whose order, the instrument is to be payable

and the indorsement of such indorsee is necessary to the further

negotiation of the instrument. An indorsement in blank specifies no indorsee, and an instrument so indorsed is payable to bearer and

may be negotiated by delivery.

274
THE CIVIL CODE [T. 3, § 2374

2366. Blank indorsement, how changed to special indorsement.—The holder may convert a blank indorsement into a special

indorsement by writing over the signature of the indorser in blank

any contract consistent with the character of the indorsement.

2367. Indorsement restrictive.—An indorsement is restrictive,

which either

(1) Prohibits the further negotiation of the instrument; or

(2) Constitutes the indorsee the agent of the indorser; or

(3) Vests the title in the indorsee in trust for or to the use of some

other person. But the mere absence of words implying power to negotiate does

not make an indorsement restrictive. 2368. Rights conferred.—A restrictive indorsement confers upon

the indorsee the right

(1) To receive payment of the instrument;

(2) To bring any action thereon that the indorser could bring;

(3) To transfer his rights as such indorsee, where the form of

the indorsement authorizes him to do so. But all subsequent indorsees acquire only the title of the first indorsee under the restrictive indorsement.

2369. Qualified indorsement.—A qualified indorsement consti- tutes the indorser a mere assignor of the title to the instrument.

It may be made by adding to the indorser's signature the words

" without recourse " or any words of similar import. Such an

indorsement does not impair the negotiable character of the

instrument.

2370. Conditional indorsement.—Where an indorsement is conditional, a party required to pay the instrument may disregard the

condition, and make payment to the indorsee or his transferee,

whether the condition has been fulfilled or not. But any person to whom an instrument so indorsed is negotiated will hold the same,

or the proceeds thereof, subject to the rights of the person indorsing

conditionally.

2371. Payable to bearer.—Where an instrument, payable to bearer, is indorsed specially it may nevertheless be further negotiated by delivery; but the person indorsing specially is liable as indorser to only such holders as make title through his indorsement.

2372. Payable to two or more persons.—Where an instrument is payable to the order of two or more payees or indorsees who are not

partners, all must indorse, unless the one indorsing has authority to indorse for the others.

2373. Indorsed to person as " cashier."—Wliere an instrument is drawn or indorsed to a person as " cashier " or other fiscal officer of

a bank or corporation, it is deemed prima facie to be payable to the

bank or corporation of which he is such officer, and may be negotiated

by either the indorsement of the bank or corporation or the indorsement of the officer. 2374. Name misspelled.—Where the name of a payee or indorsee

is wrongly designated or misspelled, he may indorse the instrument

as therein described, adding, if he thinks fit, his proper signature.

275
T. 3, § 2375] THE CIVIL CODE

2375. In representative capacity.—Wliere any person is imdei

obligation to indorse in a representative capacity, he may indorse in

such terms as to negative personal liability.

2376. Time of indorsement.—Except where an indorsement bears

date after the maturity of the instrument, ever}' negotiation is deemed prima facie to have been effected before the instrument was

overdue.

2377. Place of indorsement.—Except where the contrary appears,

every indorsement is presumed prima facie to have been made at the

place where the instrument is dated.

2378. Continuation.—An instrument negotiable in its origin continues to be negotiable until it has been restrictivel}^ indorsed or dis- charged by pajanent or otherwise.

2379. Striking out indorseiiiei:it.—Tlie holder may at any time

strike out any indorsement which is not necessary tO' his title. The

indorser whose indorsement is struck out, and all indorsers subsequent to him, are thereby relieved from liability- on the instrument.

2380. Transfer v/ithoiit indorsement,—Where the holder of an

instrument payable to his order transfers it for value without in- dorsing it, the transfer vests in the transferee such title as the transferrer had therein, and the transferee acquires, in addition, the right

to have the indorsement of the transferrer. But for the purpose of

determining whether the transferee is a holder in due course, the

negotiation takes effect as of the time when the indorsement is actually made.

2381. Prior party may negotiate.—Where an instrument is negotiated back to a prior party such party ma^^, subject to the prt) vi- sions of cha[)ters 60 to 69 of this title, reissne and further negotiate

tlie same. But he is not entitled to enforce payment thereof against

any intervening part}^ to whom he was personally liable. ARTICLE 4.—KIGHTS OF THE IIOLDEIi

Sec. , 2391. Rislit tn sue. 2302. Holder in due course. 2393. Not boUier in duo course. 2394. Notice befori^ full amount paid. 2395. When title defective.

Sec. 2396. Notice of defect. 2397. Rislits of holder in due course. 2398. When subject to original defeases. 2399. Who deemed holder in due course.

2391. Right to sue.—The holder of a negotiable instrument may

sue thereon in his own name and payment to him in due course

discharges the instrument.

2392. Holder in due course.—A holder in due course is a holder

who has taken the instrument under the following conditions:

(1) That it is complete and regular upon its face;

(2) That he became the holder of it before it was overdue, and

without notice that it had been previously dishonored, if such was

the fact

(3) That he took it in good faith and for value;

276
THE CIVIL COD11 [T. 3, § 2398

(4) That at the time it was negotiated to him he had no notice

of any infirmity in the instrument or defect in the title of the person

negotiating it. Ckoss-References

Notice before full amount paid, see section 2394 of this title. "When person not deemed a holder in due course, see section 2393 of this title. Who deemed a holder in due course, see section 2399 of this title. 2393. Not holder in due course.—Where an instrument payable on demand is negotiated an unreasonable length of time after its issue, the holder is not deemed a holder in due course. Cboss-Refekences

Notice before full amount paid, see section 2.S94 of this title. Who deemed a holder in due course, see sections 2392 and 2399 of tliis title. 2394. Notice before full amount paid.—Where the transferee re- ceives notice of any infirmity in the instrument or defect in the title of the person negotiating the :•^ame before he has paid the full amount

agreed to be paid therefor, he will be deemed a holder in due course only to the extent of the amount theretofore paid by him.

Cross-Refeeences

Rights of holder in due cour.se, see section 2397 of this title. Who deemed a holder in due course, see sections 2392 and 2399 of this title. V/ho not deemed a holder in due course, see section 2393 of this title. 2395. When title defective.—The title of a person who negotiates an instrument is defective within the meaning of chapters 66 to 69

of this title, when he obtained the instrument, or any signature

thereto, by fraud, duress, or force and fear, or other unlawful means,

or for an illegal consideration, or when he negotiates it in breach of

faith, or under such circumstances as amount to a fraud.

2396. Notice of defect.—To constitute notice of an infirmity in

the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual

knowledge of the infirmity or defect, or knowledge of such facts that

his action in taking the instrument amounted to bad faith.

2397. Rights of holder in due course.—A holder in due course

holds the instrument free from any defect of title of prior parties,

and free from defenses available to prior parties among themselves,

and ma}^ enforce payment of the instrument for the full amount

thereof against all parties liable thereon.

Cross-references

Notice before full amount paid, see section 2394 of this title. Who deemed holder in due course, see sections 2392 and 2399 of this title. Who not deemed a holder in due course, see section 2393 of this title. 2398. When subject to original defenses.—In the hands of any

holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder

who derives his title through a holder in due course, and who is not

277
T. 3, § 2399] THE CIVIL CODE

himself a party to any fraud or illegality affecting the instrument,

has all the rights of such former holder in respect of all parties prior

to the latter. 2399. Who deemed holder in due course.—Every holder is deemed

prima facie to be a holder in due course ; but when it is shown that

the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under

whom he claims acquired the title as holder in due course. But the

last-mentioned rule does not apply in favor of a party who became

bound on the instrument prior to the acquisition of such defective

title. Cross-Refeeences

Notice before full amount paid, see section 2394 of this title. Rights of holder in due course, see section 2397 of this title. What constitutes a holder in due course, see section 2392 of this title. When person not deemed a holder in due course, see section 2393 of this title. ARTICLE 5.—LIABILITIES OF PARTIES

Sec. 2401. Liability of maker.

2402. Liability of drawer.

2403. Liability of accentor. 2404. Person deemed indorser. 2405. Liability of irregular indorser. 2406. Warranty when negotiation by delivery, etc.

Sec. 2407. Liability of general indorser. 2408. When negotiable by delivery. 2409. Liability of indorscrs. 2410. Liability of broker or agent.

2401. Liability of maker.—The maker of a negotiable instrument

by making it engages that he will pay it according to its tenor, and

admits the existence of the payee and his then capacity to indorse.

2402. Liability of drawer.—The drawer by drawing the instrument admits the existence of the payee and his then capacity to in- dorse; and engages that on due presentment the instrument will be

accepted or paid, or both, according to its tenor, and that if it be

dishonored, and the necessary proceedings on dishonor be duly taken,

he will pay the amount thereof to the holder, or to any subsequent

indorser who may be compelled to pay it. But the drawer may

insert in the instrument an express stipulation negativing or limiting

his own liability to the holder.

2403. Liability of acceptor.—The acceptor by accepting the in- strument engages that he will pay it according to the tenor of his

acceptance; and admits

(1) The existence, of the drawer, the genuineness of his signature,

and his capacity and authority to draw the instrument; and

(2) The existence of the payee and his then capacity to indorse.

2404. Person deemed indorser.—A person placing his signature

upon an instrument otherwise than as maker, drawer, or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate

words his intention to be bound in .some other capacity.

2405. Liability of irregular indorser.—Wliere a person, not otherwise a party to an instrument, places thereon his signature in blank

before delivery, he is liable as indorser, in accordance with the fol- lowing rules

278
THE CIVIL CODE [T. 3, § 2410

(1) If the instrument is payable to the order of a third person,

he is liable to the payee and to all subsequent parties.

(2) If the instrument is payable to the order of the maker or drawer, or is payable to bearer, he is liable to all parties subsequent

to the maker or drawer.

(3) If he signs for the accommodation of the paj^ee, he is liable to all parties subsequent to the payee.

2406. Warranty when negotiation by delivery, etc.—Every per- son negotiating an instrument by delivery or by a qualified indorsement, warrants

(1) That the instrument is genuine and in all respects what it purports to be

(2) That he has a good title to it; (3) That all prior parties had capacity to contract;

(4) That he has no knowledge of any fact which would impair

the validity of the instrument or render it valueless. But when the negotiation is by delivery only, the warranty extends

in favor of no holder other than the immediate transferee.

The provisions of subdivision three of this section do not apply

to persons negotiating public or corporation securities, other than

bills and notes. 2407. Liability of general indorser.—Every indorser who indorses

without qualification, warrants to all subsequent holders in due

course—

(1) The matters and things mentioned in subdivisions 1, 2, and 3

of the next preceding section ; and

(2) That the instrument is at the time of his indorsement valid

and subsisting.

And, in addition, he engages that on due presentment it shall be

accepted or paid, or both, as the case may be, according to its tenor,

and that if it be dishonored, and the necessary proceedings on dis- honor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it. 2408. When negotiable by delivery.—Where a person places his

indorsement on an instrument negotiable by delivery he incurs all the liabilities of an indorser.

2409. Liability of indorsers.—As respects one another indorsers

are liable prima facie in the order in which they indorse ; but evi- dence is admissible to show that as between or among themselves they

have agreed otherwise. Joint payees or joint indorsees who indorse

are deemed to indorse jointly and severally.

2410. Liability of broker or agent.—"WTiere a broker or other

agent negotiates an instrument without indorsement he incurs all the

liabilities prescribed by section 2406 of this title, unless he discloses

the name of his principal and the fact that he is acting only as agent.

279
T. 3, §2421] THE CIVIL CODE

ARTICLE 6.—PRESENTMENT FOR PAYMENT

Sec. 2421.

2422. 2423.

Soc. 2431 rreseutineut for payment not I'e- quiied when.

Delay excused. When dispensed with. When dishonored hy nonpayment

Liability of person secondarily lialile. Time of payment.

Determination of time. 2438. Where payable at bank.

2439. Payment in due course.

2432.

2433.

2434.

2435.

2-!3(J. 2437.

Presentment for payment. Presentment for payment. What constitutes sufficient present- ment.

2424. Place of presentment.

2425. Must be exhibited. 2426. Where payalile at bank.

2427. When person liable is dead.

2428. Persons liable as partner.s. 2429. Joint debts. 2430. Presentment for payment not re- quired \vil< II. 2421. Presentment for payment.—Presentment for payment is not necessary in order to charge the person primarily liable on the

instrument; but if the instrument is, by its terms, payable at a special place, and he is able and willing to pay it there at maturity,

such ability and willingness are equivalent to a tender of payment

upon his part. But except as herein otherwise provided, presentment for payment is necessary in order to charge the drawer and

indorsers.

2422. Presentment for payment.—Where the instrument is not payable on demand, presentment must be made on the day it falls due. Where it is payable on demand, presentment must b3 made

within a reasonable time after its issue, except that in the case of a

bill of exchange, presentment for payment will be sufficient if made

within a reasonable time after the last negotiation thereof.

2423. What constitutes sufficient presentment.—Presentment

for payment, to be sufficient, must be made

(1) By the holder, or by some person authorized to receive pa}'-

ment, on his behalf;

(2) At a reasonable hour on a business day;

(3) At a proper place as herein defined;

(4) To the person primarilj'^ liable on the instrument, or if he is absent or inaccessible, to any person found at the place where the

presentment is made.

2424. Place of presentment.—Presentment for payment is made

at the proper place

(1) Where a place of payment is specified in the instrument and

it is there presented

(2) Where no place of payment is specified, but the address of

the person to make payment is given in the instrument and it is there presented;

(3) Where no place of payment is specified and no address is given and the instrument is presented at the usual place of business

or residence of the person to make payment;

(4) In any other case if presented to the person to make payment

wherever he can be found, or if presented at his last known place of

business or residence.

2425. Must be exhibited.—The instrument must be exhibited to the person from whom payment is demanded, and when it is paid

must be delivered up to the party paying it. 2426. Where payable at bank.—Where the instrument is payable

at a bank, presentment for payment must be made during banking

280
THE CIVIL CODE [T. 3, § 2436

hours, unless the person to make payment has no funds there to meet

it at any time during the day, in which case presentment at any hour

before the bank is closed on tliat day is sulTicient. 2427. When person liable is dead.—Where the person primarily

liable on the instrument is dead, and no place of payment is specified,

presentment for payment must be made to his personal representative, if such there be, and if, with the exercise of reasonable diligence,

he can be found.

2428. Persons liable as partners.—Where the persons primarily

liable on the instrument are liable as partners, and no place of payment is specified, presentment for payment may be made to any one

of them, even though there has been a dissolution of the firm.

2429. Joint debts.—Where there are several persons, not partners,

primarily liable on the instrument, and no place of paj^ment is specified, presentment must be made to them all. 2430. Presentment for payment not required when.—Presentment for payment is not required in order to charge the drawer

where he has no right to expect or require that the drawee or acceptor

will pay the instrument.

2431. Presentment for payment not required when.—Present- ment for payment is not required in order to charge an indorser

where the instrument was made or accepted for his accommodation

and he has no reason to expect that the instrument will be paid if presented.

2432. Delay excused.—Delay in making presentment for payment

is excused when the delay is caused by circumstances beyond the

control of the holder, and not imputable to his default, misconduct,

or negligence. When the cause of delay ceases to operate, presentment must be made with reasonable diligence.

2433. When dispensed with.—Presentment for payment is dis- pensed with

(1) Where after the exercise of reasonable diligence presentment

as required by chapters 66 to 69 of this title cannot be made;

(2) Where the drawee is a fictitious person;

(3) By waiver of presentment, express or implied.

2434. When dishonored by nonpayment.—The instrument is dis- honored by nonpayment when

(1) It is duly presented for payment and payment is refused or cannot be obtained ; or

(2) Presentment is excused and the instrument is overdue and

unpaid.

2435. Liability of person secondarily liable.—Subject to the provisions of chapters 66 to 69 of this title, when the instrument is dishonored by nonpayment, an immediate right of recourse to all parties secondarily liable thereon accrues to the holder.

2436. Time of payment.—Every negotiable instrument is payable

at the time fixed therein without grace. When the day of maturity

falls upon Sunday, or a holiday, the instrument is uayable on the

93083—34 19 281
T. 3, § 2437] THE CIVIL CODE

next succeeding business day. Instruments falling due on Saturday

are to be presented for payment on the next succeeding business day,

except that instruments payable on demand may, at the option of

the holder, be presented for payment before twelve o'clock noon on Saturday when that entire day is not a holiday.

2437. Determination of time.—Where the instrument is payable

at a fixed period after date, after sight, or after the happening of a specified event, the time of payment is determined by excluding

the day from which the time is to begin to run, and by including

the date of payment.

Cross-Refekence

Excluding first day and including last day, see section D of this title. 2438. Where payable at bank.—Where the instrument is made

payable at a bank it is equivalent to an order to the bank to paj)

the same for the account of the principal debtor thereon.

2439. Payment in due course.—Payment is made in due course when it is made at or after the maturity of the instrument to the

holder thereof in good faith and without notice that his title is defective.

ARTICLE 7.—NOTICE OF DISHONOR

Sec. 2457. Notice deemed given. 2458. Deposit in post ofBce. 2459. Notice to suljsequcnt party.

241)0. Wliere notice may be sent. 24GI. Waiver of notice. 2402. Who is affected by waiver.

2463. Waiver of prote.st. 2464. Notice dispensed with. 24G5. Delay excused. 2466. When notice of dishonor is not re- quired. 2467. When not required to be given in- dorser. 2468. Notice of nonpayment where accep- tance refused. 2469. Effect of omission. 2470. Protest.

Sec. 2441. Notice of dishonor. 2442. By whom given. 2443. Notice of dishonor. 2444. Effect of notice. 2445. Effect where notice is given by party

entitled thereto. 2446. When agent may give notice. 2447. When notice sufficient. 244S. Form of notice. 2449. To whom notice given. 2450. Notice whore party is dead. 2451. Notice to partners. 24 52. Notice to persons jointly liable. 2453. Notice to bankrupt.

2454. Time within which notice must be

given. 2455. Notice where parties reside in same

place. 2456. Notice where parties reside in dif- ferent places. 2441. Notice of dishonor.—Except as herein otherwise provided,

when a negotiable instrument has been dishonored by nonacceptance

or nonpayment, notice of dishonor must be given to the drawer and

to each indorser, and any drawer or indorser to whom such notice

is not given is discharged.

CEOSS-RErERENCES

Notice to bankrupt, see section 2453 of this title. Notice to partners, see section 2451 of this title. Notice to persons jointly interested, see section 2452 of this title. Notice to subsequent party, see section 2459 of this title. Notice where person is dead, see section 2450 of this title. When notice need not be given to drawer, see section 24GG of this title. When notice need not be given to indorser, see section 2467 of this title. 2442. By whom given.—The notice may be given by or on behalf

of the holder, or by or on behalf of any party to the instrument who

282
THE CIVIL CODE [T. 3, §2450

might be compelled to pay it to the holder, and who upon taking

it up would have a right to reimbursement from the party to whom

the notice is given.

2443. Notice of dishonor.—Notice of dishonor may be given by

an agent either in his own name or in the name of any party entitled

to give notice, whether that party be his jDrincipal or not. Ckoss-Reference

When agent may give notice, see section 2i46 of this title. 2444. Effect of notice.—Where notice is given by or on behalf of

the holder, it inures for the benefit of all subsequent holders and all prior parties who have a right of recourse against the party to whom

it is given.

2445. Effect where notice is given by party entitled thereto.—

Wliere notice is given by or on behalf of a party entitled to give

notice, it inures for the benefit of the holder and all parties subsequent

to the party to whom notice is given.

2446. When agent may give notice.—Where the instrument has

been dishonored in the hands of an agent, he may either himself give

notice to the parties liable thereon or he may give notice to his principal. If he gives notice to his principal, he must do so within the same time as if he were the holder, and the principal upon the receipt

of such notice has himself the same time for giving notice as if the

agent had been an independent holder.

Cboss-Rkferencb

Notice given by agent, see section 2443 of this title. 2447. When notice sufficient.—A written notice need not be

signed, and an insufficient written notice may be supplemented and

validated by verbal communication. A misdescription of the instrument does not vitiate the notice unless the party to whom the notice

is given is in fact misled thereby.

Ceoss-Refebence

Form of notice, see section 2448 of this title. 2448. Form of notice.—The notice may be in writing or merely

oral and may be given in any terms which sufficiently identify the

instrument, and indicate that it has been dishonored by nonacceptance

or nonpayment. It may in all cases be given by delivering it personally or through the mails.

2449. To whom notice given.—Notice of dishonor may be given

either to the party himself or to his agent in that behalf.

2450. Notice where party is dead.—When any party is dead, and

his death is known to the party giving notice, the notice must be

given to a personal representative, if there be one, and if with reasonable diligence he can be found. If there be no personal representative,

notice may be sent to the last residence or last place of business of

the deceased.

283
T. 3. § 2451] THE CIVIL CODE

2451. Notice to partners.—Where the parties to be notified are partners, notice to any one partner is notice to the firm, even though

there has been a dissohition.

2452. Notice to persons jointly liable.—Notice to joint parties

who are not partners must be given to each of them, unless one of

them has authority to receive such notice for the others. 2453. Notice to bankrupt.—Where a party has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit

of creditors, notice may be given either to the party himself or to his trustee or assignee.

2454. Time within Vv'hich notice must be given.—Notice may be

given as soon as the instrument is dishoriored; and unless delay is excused as hereinafter provided, must be given witliin the times

fixed by chapters (jQ to 69 of this title. 2455. Notice where parties reside in same place.—Where the

person giving and the person to receive notice reside in the same

place, notice must be given within the following times

(1) If given at the place of business of the person to receive notice,

it must be given before the close of business hours on the day fol- lowing ; (2) If given at his residence, it must be given before the usual

hours of rest on the day following

(3) If sent by mail, it must be deposited in the post office in time

to reach him in usual course on the day following.

2456. Notice where parties reside in different places.—Wliere

the person giving and the person to receive notice reside in different

places, the notice must be given within the following times

(1) If sent by mail, it must be deposited in the post office in time

to go b}^ mail the dav follov/ing the day of dishonor, or if there be no mail at a convenfent hour on that day, by the next mail thereafter ; (2) If given otherwise than through tlie post office, then within

the time that notice would have been received in due course of mail,

if it had been deposited in the post office within the time specified in

the last subdivision.

2457. Notice deemed given.—Where notice of dishonor is duly

addressed and deposited in the post office, the sender is deemed to have given due notice, notwithstanding any miscarriage in the mails.

2458. Deposit in post office.—Notice is deemed to have been dejoosited in post office when deposited in. any branch post office or in

any letter box under the control of the Postal Service.

2459. Notice to subsequent party.—Where a party receives notice of dishonor, he has, after the receipt of such notice, the same time

for giving notice to antecedent parties that the holder has after the

dishonor.

2460. Where notice may be sent.—Where a party has added an

address to his signature, notice of dishonor must be sent to that address; but if he has not given such address, then the notice must be

sent as follows

284
THE CIVIL CODE [T. 3, § 2407

(1) Either to the post office neiirest to his place of residence, or

to the post office where he is accustomed to receive his letters; or

(2) If he live in one place, and have his place of business in another, notice may be sent to either place; or

(3) If he is sojourning in another place, notice may be sent to the i^lace where he is sojourning.

But where the notice is actually received by the party within

the time specified in chapters 6G to 69 of this title, it will be sufficient,

though not sent in accordance with the requirements of this section

Cboss-Eeference

Effect of niiscarriiige of mails, see section 2457 of this title. 2461. Waiver of notice.—Notice of dishonor may be waived, eithej

before the time of giving notice has arrived, or after the omission

to give due notice, and the waiver may be express or implied.

2462. Who is affected by v^aiver.—Where the waiver is embodied

in tlie instrument itseif, it is binding upon all parties; but where it is written above the signature of an indorser, it binds him only.

2463. Waiver of protest.—A waiver of protest, whether in the

case of a foreign bill of exchange or other negotiable instrument, is deemed to be a waiver not only of formal protest, but also of

presentment and notice of dishonor.

2464. Notice dispensed with.—Notice of dishonor is dispensed

with when, after the exercise of reasonable diligence, it cannot be

given to or does not reach the parties sougiit to be charged.

2465. Delay excused.—Delay in giving notice of dishonor is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, notice must

be given with reasonable diligence.

2466. When notice of dishonor is not required.—Notice of dis- honor is not required to be given to the drawer in either of the

following cases

(1) Where the drawer and drawee are the same person;

(2) When the drawee is a fictitious person or a person not having

capacity to contract;

(3) When the drawer is the person to whom the instrument is presented for j^ayment;

(4) Where the drawer has no right to expect or require that the

drawee or acceptor wiJl honor tlie instrument;

(5) Where the drawer has countermanded payment.

2467. When not required to be given indorser.—Notice of dishonor is not required to be given to an indorser in either of the

following cases

(1) Where the drawee is a fictitious person or a person not having

capacity to contract, and the indorser was aware of the fact at the

time he indorsed the instrument;

(2) Where the indorser is the person to -whom the instrument is presented for payment;

285
T. 3, § 2468] THE CIVIL CODE

(3) Where the instrument was made or accepted for his

accommodation.

2468. Notice of nonpayment where acceptance refused.—Where

due notice of dishonor by nonacceptance has been given, notice of a subsequent dishonor by nonpajanent is not necessary, unless in the

meantime the instrument has been accepted.

2469. Effect of omission.—An omission to give notice of dishonor

by nonacceptance does not prejudice the rights of a holder in due

course subsequent to the omission.

2470. Protest.—Where any negotiable instrument has been dis- honored it may be protested for nonacceptance or nonpaj^ment, as the

case may be ; but protest is not required except in the case of foreign

bills of exchange.

ARTICLE 8.—DISCHARGE OF NEGOTIABLE INSTRUMENTS

Sec. 2481. How discharged.

2482. Persons secondarily liable discharged.

2483. lUght of party who discharged.

2484. Renunciation by holder.

Sec. 2485. Cancelation.

24S(j. Alteration. 2487. Material alteration.

2481. How discharged.—A negotiable instrument is discharged

(1) By payment in due course by or on behalf of the principal

debtor

(2) By payment in due course by the party accommodated, where

the instrument is made or accepted for accommodation

(3) By the intentional cancelation thereof b}^ the holder;

(4) By any other act which will discharge a simple contract for

the payment of money;

(5) When the principal debtor becomes the holder of tho instrument at or after maturity in his own right.

2482. Persons secondarily liable discharged.—A person secondarily liable on the instrument is discharged

(1) By any act which discharges the instrument;

(2) By the intentional cancelation of his signature b,y the holder;

(3) By the discharge of a prior party;

(4) By a valid tender of payment made by a prior party;

(5) By a release of the principal debtor, unless the holder's right

of recourse against the party secondarily liable is expressl}^ reserved

(6) By any agreement binding upon the holder to extend the time

of payment, or to postpone the holder's right to enforce the instrument, unless made with the assent of the party secondarily liable, or unless the right of recourse against such party is expressly

reserved.

2483. Right of party who discharged.—Where the instrument is paid by a party secondarily liable thereon, it is not discharged ; but

the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent

indorsements, and again negotiate the instrument, except

(1) Where it is payable to the order of a third person, and has

been paid by the drawer; and

286
THE CIVIL CODE [T. 3, § 24'Jl

(2) "Wliere it was made or accepted for accommodation, and has

been paid by the party accommodated.

2484. Renunciation by holder.—The holder may pxj)ressly re- nounce his rights against any party to the instrument, before, at, or

after its maturity. An absolute and unconditional renunciation of

his rights against the principal debtor made at or after the maturity

of the instrument discharges the instrument. But a renunciation does

not affect the rights of a holder in due course without notice. A

renunciation must be in writing, unless the instrument is delivered up

to the person primarily liable thereon.

2485. Cancelation.—A cancelation made unintentionally, or under a mistake or without the authority of the holder, is inoperative ; but where an instrument or any signature thereon appears to have been canceled the burden of proof lies on the party who alleges

that the cancelation was made unintentionally, or under a mistake

or without authority.

2486. Alteration.—Where a negotiable instrument is materially

altered without the assent of all parties liable thereon, it is avoided,

except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.

But when an instrument has been materially altered and is in the

hands of a holder in due course, not a party to the alteration, he may

enforce payment thereof according to its original tenor. 2487. Material alteration.—Any alteration which changes

(1) The date;

(2) The sum payable, either for principal or interest;

(3) The time or place of payment;

(4) The number or the relations of the parties;

(5) The medium or currency in which payment is to be made;

Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of

the instrument in any respect, is a material alteration,

CHAPTER 67.—BILLS OF EXCHANGE

Art. Sec.

1. Form and interpretation 2491

2. Acceptance 2501

3. Presentment for acceptance 2521

4. Protest 2531

Art. Sec.

5. Acceptance for honor 2541

6. Payment for honor 2561

7. Bills in a set 2571

Note.—Chapters 66 to 69 of this title comprise the Uniform Negotiable Instruments Act.ARTICLE 1.—FORIM AND INTERPRETATION

Sec. 2491. Bill of exchange defined. 2492. Not an assignment of funds.

2493. Addressed to more than one drawee.

Sec. 2494. Inland and foreign bills. 2495. Bill treated as promissory note. 2496. Referee in case of need. Section 2491. Bill of exchange defined.—A bill of exchange is an

unconditional order in writing addressed by one person to another,

signed by the person giving it, requiring the person to whom it is address'id to pay on demand or at a fixed or determinable future time

a sum certain in money to order or to bearer.

•>^
T. 3, §2492] THE CIVIL CODE

2492. Not an assignment of funds.—A bill of itself does not

operate as an assignment of the funds in the hands of the drawee

available for the payment thereof, and the drawee is not liable on

the bill unless and until he accepts the same.

2493. Addressed to more than one drawee.—A bill may be addressed to two or more drawees jointly, whether they are partners

or not; but not to two or more drawees in the alternative or in

succession.

2494. Inland and foreign bills.—An inland bill of exchange is a

bill which is, or on its face purports to be, both drawn and payable

within the Canal Zone. Any other bill is a foreign bill. Unless the

contrary appears on the face of the bill, the holder may treat it as an inland bill. 2495. Bill treated as promissory note.—Where in a bill drawer

and drawee are the same person, or where the drawee is a fictitious person, or a person not having capacity to contract, the holder may

treat the instrument, at his option, either as a bill of exchange or a promissory note. 2496. Referee in case of need.—The drawer of a bill and any in- dorser may insert thereon the name of a person to whom the holder

may resort in case of need; that is to say in case the bill is dis- honored by nonacceptance or nonpayment. Such person is called the

referee in case of need. It is in the option of the holder to resort

to the referee in case of need or not as he may see fit. ARTICLE 2.—ACCEPTANCE

Sec. 2501.

2502.

2503. 2504.

2505.

2506.

Acceptance. Holder entitled to acceptance on face

of bill. Acceptance bj' separate instrument. Promise to accept. Time aUowed drawee to accept.

Liability of drawee retaining or de- stroying bill.

Sec. 2507. Acceptance of incomplete bill. 2508. Kinds of acceptance.

2509. Kinds of acceptance.

2510. Qualified acceptance.

2511. Rights of parties as to qualified acceptances.

2501. Acceptance.—The acceptance of a bill is the signification

by the drawee of his assent to the order of the drawer. The accept- ance must be in writing and signed by the drawee. It must not

express that the drawee will perform his promise by any other means than the pa3^ment of money.

2502. Holder entitled to acceptance on face of bill.—Tlie holder

of a bill presenting the same for acceptance may require tliat the

acceptance be written on the bill and, if such request is refused,

may treat the bill as dishonored.

2503. Acceptance by separate instrument.—Wliere an acceptance

is written on a paper other than the bill itself, it does not bind the

acceptor except in favor of a person to whom it is shown and who, on the faith thereof, receives the bill for value.

2504. Promise to accept.—An unconditional promise in writing

to accept a bill before it is drawn is deemed an actual acccjjtance in favor of every person who, upon the faith thereof, receives the bill for value.

288
TEE CIVIL CODE [T. 3, § 2511

2505. Time allowed drawee to accept.—The drawee is allowed

twenty-four hours after presentment in which to decide whether or not he will accept the bill; but the acceptance, if given, dates as of

the day of presentation.

2508. Liability of drawee retaining or destroying bill.—Where

a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or nonaccepted to the holder, he will be deemed to have

accepted the same.

2507. Acceptance of incomplete bill.—A bill may be accepted

before it has been signed by the drawer, or while otherwise incomplete, or when it is overdue, or after it has been dishonored by a previous refusal to accept, or by nonpayment. But when a bill payable after sight is dishonored by nonacceptance and the drawee

subsequently accepts it, the holder in the absence of any different

agreement, is entitled to have the bill accepted as of the date of the

first presentment.

2508. Kinds of acceptance.—An acceptance is either general or

qualified. A general acceptance assents without qualification to the

order of the drawer. A qualified acceptance in express terms varies

the effect of the bill as drawn.

2509. Kinds of acceptance.—An acceptance to pay at a particular

place is a general acceptance, unless it expressly states that the bill is to be iDaid there only and not elsewhere.

2510. Qualified acceptance.—An acceptance is qualified which is

(1) Conditional; that is to say, which makes payment by the

acceptor dependent on the fulfillment of a condition therein stated;

(2) Partial; that is to say, an acceptance to pay part only of the

amount for vs^hich the bill is drawn

(3) Local; that is to say, an acceptance to pay only at a particular

place;

(4) Qualified as to time;

(5) The acceptance of some one or more of the drawees, but not

of all. 2511. Rights of parties as to qualified acceptances.—The holder

may rej^use to take a qualified acceptance, and if he does not obtain an unqualified acceptance he may treat the bill as dishonored by

nonacceptance. Where a qualified acceptance is taken the drawer

and indorsers are discharged from liability on the bill, unless they

have expressly or impliedly authorized the holder to take a qualified

acceptance, or subsequently assent thereto. When the drawer or an

indorser receives notice of a qualified acceptance, he must, within

a reasonable time, express his dissent to the holder, or he will be

deemed to have assented thereto.

289
T. 3, § 2521] THE CIVIL CODE

ARTICLE 3.—PRESENTMENT FOR ACCEPTANCE

Sec. 2521. When presentment for acceptance must bo made.

2522. Time for presentment.

2523. To whom presentment for acceptance must be made.

2524. Presentment of bill of exchange.

Sec. 2525. Presentment where time is insufficient. 2526. When presentment is excused. 2527. Bill dishonored by nonaccoptance.

2528. Duty of holder where not accepted. 2529. Rights of holder where bill not

accepted. 2521. When presentment for acceptance must be made.—Presentment for acceptance must be made

(1) Where the bill is payable after sight, or in any other case, where presentment for acceptance is necessary in order to fix the

maturity of the instrument ; or

(2) Wliere the bill expressly stipulates that it shall be presented

for acceptance ; or

(3) Where the bill is drawn paj^able elsewhere than at the resi- dence or place of business of the drawee.

In no other case is presentment for acceptance necessary in order

to render any party to the bill liable. Ckoss-Reiference

Presentment, when excused, see section 2526 of tbis title. 2522. Time for presentment.—Except as herein otherwise provided, the holder of a bill which is required by the next preceding

section to be presented for acceptance must either present it for ac- ceptance or negotiate it within a reasonable time. If he fails to do

so, the drawer and all indorsers are discharged,

2523. To whom presentment for acceptance must be made.—

Presentment for acceptance must be made by or on behalf of the

holder at a reasonable hour, on a business day and before the bill

is overdue, to the drawee or some person, authorized to accept or

refuse acceptance on his behalf; and

(1) Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all, unless one has

authority to accept or refuse acceptance for all, in which case presentment may be made to him only

(2) Where the drawee is dead, presentment may be made to his

personal representative

(3) Where the drawee has been adjudged a bankrupt or an in- solvent or has made an assignment for the benefit of creditors,

presentment may be made to him or to his trustee or assignee.

2524. Presentment of bill of exchange.—A bill may be presented

for acceptance on any day on which negotiable instruments may be

presented for paymem under the provisions of sections 2423 to 2436

of this title. When Saturday is not otherwise a holiday, pre- sentment for acceptance may be made before twelve o'clock noon, on

that day.

2525. Presentment where time is insufficient.—Where the holder

of a bill drawn payable elsewhere than at the place of business or the

residence of the drawee has not time with the exercise of reasonable

diligence to present the bill for acceptance before presenting it for

290
THE CIVIL CODE [T. 3, § 25312 payment on the day that it falls due, the delay caused by presenting

the bill for acceptance before presenting it for payment is excused

and does not discharge the draAvers and indorsers.

2526. When presentment is excused.—Presentment for accept- ance is excused and a bill may be treated as dishonored by nonacceptance, in either of tlie following cases

(1) Where the drawee is dead, or has absconded, or is a fictitious person, or a person not having capacity to contract by bill

(2) Where, after the exercise of reasonable diligence, presentment

cannot be made

(3) Where, although presentment has been irregular, acceptance

has been refused on some other ground.

2527. Bill dishonored by nonacceptance.—A bill is dishonored by

nonacceptance

(1) When it is duly presented for acceptance and such an accept- ance as is prescribed by chajiters 66 to 69 of this title is refused or cannot be obtained ; or

(2) When presentment for acceptance is excused and the bill is not accepted.

2528. Duty of holder where not accepted.—Wliere a bill is duly

presented for acceptance and is not accepted within the prescribed

time the person presenting it must treat the bill as dishonored by

nonacceptance or he loses the right of recourse against the drawer

and indorsers.

2529. Rights of holder where bill not accepted.—Wlien a bill is dishonored by nonacceptance, an immediate right of recourse against

the drawers and indorsers accrues to the holder and no presentment

for payment is necessary.ARTICLE 4.—PROTEST

Sec. 2536. Protest both for nonacceptance and

nonpayment.

2537. Protest before maturity.

2538. When dispensed with. 2539. When bill is lost, etc.

Sec. 2531. In what cases protest necessary.

2532. How made.

2533. By whom made.

2534. When made.

2535. Where made. 2531. In what cases protest necessary.—Wliere a foreign bill appearing on its face to be such is dishonored by nonacceptance, it must be duly protested for nonacceptance, and where such a bill which has not previously been dishonored by nonacceptance is dis- honored by nonpayment, it must be duly protested for nonpayment.

If it is not so protested, the drawer and indorsers are discharged.

Where a bill does not appear on its face to be a foreign bill, protest

thereof in case of dishonor is unnecessary.

2532. How made.—The protest must be annexed to the bill, or must contain a copy thereof, and must be under the hand and seal of the notary making it, and must specify

(1) The time and place of presentment;

(2) The fact that presentment was made and the manner thereof;

(3) The cause or reason for protesting the bill; (4) The demand made and the answer given, if any, or the fact

that the drawee or acceptor could not be found.

291
T. 3, § 2533] THE CIVIL CODE

2533. By whom made.—Protest may be made by

(1) A notary public; or

(2) By any respectable resident of the place where the bill is dishonored, in the presence of two or more credible witnesses.

2534. When made.—When a bill is protested, such protest must

be made on the day of its dishonor, unless delay is excused as herein

provided. When a bill has been duly noted, the protest may be

subsequently extended as of the date of the noting.

2535. ¥/here made.—A bill must be protested at the place where

it is dishonored, except that when a bill drawn payable at the place

of business, or residence of some person other than the drawee, has

been dishonored by nonacceptance, it must be protested for non- payment at the place where it is expressed to be payable, and no

further presentment for payment to, or demand on, the drawee

is necessary. 2536. Protest both for nonacceptance and nonpayment.—A bill which has been protested for nonacceptance may be subsequently

protested for nonpayment.

2537. Protest before maturity.—Where the acceptor has been

adjudged a bankrupt or an insolvent, or has made an assignment

for the benefit of creditors, before the bill matures, the holder may

cause the bill to be protested for better security against the drawer

and indorsers.

2538. When dispensed with.—Protest is dispensed with by any

circumstances which would dispense with notice of dishonor. Delaj^

in noting or protesting is excused when delay is caused by circumstances beyond the control of the holder and not imputable to his

default, misconduct or negligence. When the cause of delay ceases

to operate, the bill must be noted or protested with reasonable

diligence.

2539. When bill is lost, etc.—When a bill is lost or destroyed or

is wrongly detained from the person entitled to hold it, protest may

be made on a copy or written particulars thereof.

ARTICLE 5.—ACCEPTANCE FOR HONOR

Sec. 2541. Acceptance for honor.

2542. How made.

2543. Wliat deemed to be an acceptance for honor of the drawer.

2544. Liability of acceptor. 2545. Agreement of acceptor for honor.

Sec. 2546.

2547.

2548.

2r)4!). 2550.

Bill payable after si!;ht. rri'test. Presentment to noceptor. Delay in pri>scntmont. Dishonor of l)ill by acceptor

honor.

for

2541. Acceptance for honor.—Where a bill of exchange has been

protested for dishonor by nonacceptance or protested for better security, and is not overdue, any person not being a party already liable thei-eon may, with the consent of tlie holder, intervene and accept

the bill supra protest for the honor of any party liable thereon, or

for the honor of the person for whose account th.e bill is drawn.

The acceptance for honor may be for the part only of tlie sum for

which the bill is drawn; and where there has been an acceptance for

honor for one ])arty, there may be a further acceptance by a different

person for the honor of another party.

292 i
THE CIVIL CODE [T. 3, § 2561 2542. How made.—An acceptance -for honor supra protest must

be in Avritino-, and indicate tliat it is an acceptance for honor, and

must be signed by the acceptor for honor.

2543. What deemed to be an acceptance for honor of the

drawer.—Where an acceptance for honor does not expressly state for whose honor it is made, it is deemed to be an acceptance for

the honor of the drawer.

2544. Liability of acceptor.—The acceptor for honor is liable to the holder and to all parties to the bill subsequent to the party for

vrhose honor he has accepted.

2545. Agreement of acceptor for honor.—The acceptor for honor

by such acceptance engages that he will on due presentment pay the

bill according to the terms of his acceptance; provided, it shall not

have been paid by the drawee ; and provided, also, that it shall have

been duly presented for payment and protested for nonpayment and

notice of dishonor given him.

2546. Bill payable after sight.—Wliere a bill payable after sight

is accepted for honor, its maturity is calculated from the date of the

noting for nonacceptance and not from the date of the acceptance

for honor.

2547. Protest.—Where a dishonored bill has been accepted for

honor supra protest or contains a reference in case of need, it must

be protested for nonpayment before it is presented for payment to the acceptor for honor or referee in case of need.

2548. Presentment to acceptor.—Presentment for payment to the

acceptoi- for honor must be made as follows

(1) If it is to be presented in the place where the protest for

nonpayment was made, it must be presented not later than the day

following its maturity.

(2) If it is to be presented in some other place than the place

Avhere it was protested, then it must be forwarded within the time

specified in section 2456 of this title. 2549. Delay in presentment.—The provisions of section 2432 of

this title appl}^ where there is delay in making presentment to the

acceptor for honor or referee in case of need.

2550. Dishonor of bill by acceptor for honor.—When the bill is dishonored by the acceptor for honor it must be protested for non- payment hy him.

ARTICLE 6.—PAYMENT FOR HONOR

Sec. Sec. 2561. Payment for honor.

2562. Payment for honor, how made.

2563. Declaration.

2504. Preference of parties.

2565. Subsequent parties discharged. 2566. Right of recourse lost. 2567. Right of payer for honor.

2561. Payment for honor.—Where a bill has been protested for

nonpa3-ment, any person may intervene and paj^ it supra protest for

the honor of any person liable thereon or for the honor of the person

for whose account it was drawn.

293
T. 3, § 2562] THE CIVIL CODE

2562. Payment for honor, how made.—The payment for honor

supra protest in order to operate as such and not as a mere voluntary

payment must be attested by a notarial act of honor which may be

appended to the protest or form an extension to it. 2563. Declaration.—The notarial act of honor must be founded

on a declaration made by the payer for honor or by his agent in that

behalf declaring his intention to pay the bill for honor and for whose

honor he pays.

2564. Preference of parties.—Where two or more persons offer to pay a bill for the honor of different parties, the person whose

paj'ment will discharge most parties to the bill is to be given the

preference.

2565. Subsequent parties discharged.—Where a bill has been

paid for honor, all parties subsequent to the party for whose honor

it is paid are discharged, but the payer for honor is subrogated for,

and succeeds to, both the rights and duties of the holder as regards the

party for whose honor he pays and all parties liable to the latter. 2566. Right of recourse lost.—Wliere the holder of a bill refuses

to receive payment supra protest, he loses his right of recourse against

any party who would have been discharged by such payment.

2567. Right of payer for honor.—The payer for honor, on paying

to the holder the amount of the bill and the notarial expenses inci- dental to its dishonor, is entitled to receive both the bill itself and

the protest.

ARTICLE 7.—BILLS IN A SET

Sec. 2571. Bills in sets one bill. 2572. Where different parts are negotiated. 2573. Liability of holder.

Sec. 2574. Acceptance.

2575, Payment by acceptor. 257G. Whole bill discharged.

2571. Bills in sets one bill.—Where a bill is drawn in a set, each

part of the set being numbered and containing a reference to the

other parts, the whole of the parts constitutes one bill. 2572. Where different parts are negotiated.—Where two or more

parts of a set are negotiated to different holders in due course, the

holder whose title first accrues is, as between such holders, the true owner of the bill. But nothing in this section affects the rights of

a person who in due course accepts or pays the part fir,st presented

to him.

2573. Liability of holder.—Where the holder of a set indorses two

or more parts to different persons he is liable on every such part,

and every indorser subsequent to him is liable on the part he has

himself indorsed, as if such part,s were separate bills. 2574. Acceptance.—The acceptance may be written on any part

and it must be written on one part onl}^ If the drawee accepts more

than one ])art, and such accepted pai'ts are negotiated to different

holders in due course, he is liable on every such part as if it were

a separate bill.

294
THE CIVIL CODE [T. 3, § 258G

2575. Payment by acceptor.—When the acceptor of a bill drawn

in a set pa^'s it without requiring the part being his acceptance to be delivered up to him, and that part at maturity is outstanding in

the hands of a hokler in due course, he is liable to the holder thereon.

2576. Whole bill discharged.—Except as herein otherwise provided, where any one part of a bill drawn in a set is discharged

by payment or otherwise the whole bill is discharged.

CHAPTER 68.—PROMISSORY NOTES AND CHECKS

Sec. 2581.

2582. 2583.

Promissory note defined. Check defined. Time for presenting ctieck.

Sec. 2584. Certified check. 2585. Effect of acceptance or certification. 2586. When check operates as assignment. Note.—Chapters 66 to 69 of this title comprise the Uniform Negotiable Instru- ments Act. Section 2581. Promissory note defined.—A negotiable promissory

note within the meaning of chapters GO to 69 of this title is an

unconditional promise in writing made by one person to another,

signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer, but the negotiability of a promissory note otherwise negotiable in form, secured by a mortgage or deed of trust upon real or personal property, shall not be affected or abridged by reason of a statement therein that it is so secured, nor by reason of the fact that

said instrument is so secured, nor by any conditions contained in the

mortgage or deed of trust securing the same. Wliere a note is drawn

to the maker's own order it is not complete until indorsed by him.

2582. Check defined.—A check is a bill of exchange drawn on a bank j)ayable on demand. Except as herein otherwise provided, the

provisions of chapters 66 to 69 of this title applicable to a bill of

exchange payable on demand apply to a check.

2583. Time for presenting check.—A check must be presented

for payment within a reasonable time after its issue or the drawer

will be discharged from liability thereon to the extent of the loss caused by the delay.

2584. Certified check.—Where a check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance.

2585. Effect of acceptance or certification.—Where the holder of

a check procures it to be accej^ted or certified, the drawer and all indorsers are discharged from liability thereon,

2586. When check operates as assignment.—A check of itself does not operate as an assignment of any part of the funds to the

credit of the drawer with the bank, and the bank is not liable to the

holder, unless and until it accepts or certifies the check.

205
T. 3, § 2591] THE CIVIL CODE

CHAPTER 69.—GENERAL PROVISIONS RESPECTING NEGOTIABLE

INSTRUMENTS

Sec.

t.'5'Jl. Definitions. 2592. Forsou primarily liable ou Instru- ment.

2593. Reasonable time, what constitutes.

Sec. 2591. Time, how computed when last day

falls on holiday. 2595. Application of chapters G6 to 69.

Note.—Chapters 66 to 69 of this title comprise the Uuiform Negotiable lustru- ments Act. Section 2591. Definitions.—In chapters 66 to 69 of this title, unless the context otherwise requires

"Acceptance" means an acceptance completed by delivery or

notification.

"Action " includes counterclaim and set-off. " Bank " includes any person or association of persons carrying on the business of banking, whether incorporated or not.

" Bearer " means the person in possession of a bill or note which

is payable to bearer.

" Bill " means bill of exchange, and " note " means negotiable

promissory note.

" Delivery " means transfer of possession, actual or constructive,

from one person to another.

" Holder " means the f)ayee or indorsee of a bill or note, who is in possession of it, or the bearer thereof.

" Indorsement " means an indorsement completed by delivery.

" Instrument " means negotiable instrument.

" Issue " means the first delivery of the instrument complete in

form, to a person who takes it as a holder. " Person " includes a body of persons, whether incorporated or not. " Value " means valuable consideration.

" Written " includes printed; and " writing " includes print.

2592. Person primarily liable on instrument.—The person " primarily " liable on an instrument is tlie person who hy the terms of

the instrument is absolutely required to pay the same. All other

parties are " secondarily " liable. 2593. Reasonable time, what constitutes.—In determining what

is a "reasonable time" or an "unreasonable time," regard is to be

had to the nature of the instrument, the usage of trade or business

(if any) with respect to such instruments, and the facts of the particular ca.se. 2594. Time, how computed when last day falls on holiday.—

Where the day, or the last day, for doing any act herein required or permitted to be done falls on Sunday or on a holidaj'', the act may

be done on the next succeeding secular or business day.

2595. Application of chapters 66 to 69.—The provisions of chapters 66 to 69 of this title do not apply to negotiable instruments made

and delivered prior to the taking' effect hereof. In any case not

provided for in said chaptei-s the rules of the law merchant shall covern.

296 ^1
THE CIVIL CODE [T. 3, § 2621 CHAPTER 70.—GENERAL PROVISIONS AFFECTING CHAPTERS

34 TO 69 Section 2601. Parties may waive provisions of title.—Except

\Yliere it is otherwise declared, the provisions of chapters 84 to 6*J of

this title, in respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties, when ascer- tained in the manner prescribed by the chapter on the interpretation

of contracts; and the benefit thereof may be waived by any party

entitled thereto, unless such waiver would be against public policy.

Cboss-Refeeence

luterpretutiou of contracts, see sections 901 et seq., of this title. CHAPTER 71.—RELIEF IN GENERAL

Sec. 2G12. Relief in case of forfeiture.

Sec.

2(5] 1. Species of relief. Section 2611. Species of relief.—As a general rule compensation

is a relief or remedy provided by the law of the Canal Zone for the

violation of private rights, and the means of securing their observ- ance; and specific and preventive relief may be given in no other

cases than those specified in this chapter and chapters 72 and 73

of this title. Cuoss-Rkfebences

Injunction, see sections 2741 et seq., of this title. Person suffering detriment may recover damages, see section 2621 of this

title. Specific performance, see sections 2701 et seq., of this title. 2612. Relief in case of forfeiture.—Wlienever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the

nature of a forfeiture, by reason of his fa dure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent,

Avillful, or fraudulent breach of duty.

CHAPTER 72.—COMPENSATORY RELIEF

Art. Sec. 1 Art. Sec.

1. Damages in general 2621 1 2. Measure of damages 2051 ARTICLE 1.—DAMAGES IN GENERAL

A. General Pkinciples

Sec. 2021. Person suffering detriment may re- cover damages.

2622. Detriment, what.

2623. Injuries resulting or probable after

• suit brought.

B. Interest as Damages

2031. Person entitled to recover damages may recover interest thereon.

Sec. 2G32. In actions other than contract. 2033. Limit of rate by contract. 2634. Acceptance of principal waives claim

to interest.

C. ElxEMPLARY Damages

2641. Exemplary damages, in what cases

allowed.

A. GENERAL PRINCIPLES

Section 2621. Person suffering detriment may recover damages.—Every person who suffers detriment from the unlawful act

93083—34 20 297
T. 3, §2622] THE CIVIL CODE

or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.

CROSS-REaFEBENCES Damages are exclusive of exemplary damages and interest, except where those are expressly mentioned, see section _673 of this title. Damages for breach of contract, see sections 2G51 et seq., of this title. Damages for torts, see sections 2G61 et seq., of this title. Damages must be reasonable, see section 2675 of this title. Exemplary damages, see section 2641 of this title. Excessive damages, new trial for, see title 4, section 532. Interest on damages, see sections 2631 and 2632 of this title. Limitation on amount of damages, see section 2674 of this title. Nominal damages, see section 2676 of this title. 2622. Detriment, what.—Detriment is a loss or harm suffered in

person or property.

2623. Injuries resulting or probable after suit brought.—Damages may be awarded, in a judicial proceeding, for detriment result- ing after the commencement thereof or certain to result in the future.

B. INTEREST AS DAMAGES

2631. Person entitled to recover damages may recover interest

thereon.—Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor, from

paying the debt.

Cross-References

Damages prescribed in title are exclusive of interest, see section 2673 of this

title. Interest as damages, see section 1050 of this title. Interest as damages on breach of contract, see section 2653 of this title. Interest in actions for conversion, see section 2662 of this title. 2632. In actions other than contract.—In an action for the breach

of an obligation not arising from contract, and in every case of

oppression, fraud, or malice, interest may be given, in the discretion

of the court or jury.

Cross-Rep'eremce

Interest in trover and conversion, see section 2662 of this title. 2633. Limit of rate by contract.—Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a judgment or other new

obligation.

2634. Acceptance of principal waives claim to interest.—Accepting payment of the whole principal, as such, waives all claims to

interest.

C. EXEMPLARY DAMAGES

2641. Exemplary damages, in what cases allowed.—In an action

for the breach of an obligation not arising from contract, where the

208
THE CIVIL CODE [T. 3, § 2653 defendant has been guilty of oppression, fraud, or malice, express

or implied, the plaintiff, in addition to the actual damages, may re- cover damages for the sake of example and by way of punishing

the defendant.

Ceoss-Reterences Damages for wrongs, generally, see sections 2661 et seq., of this title. Damages prescribed in title exclusive of exemplary damages, see section 2673

of this title. Infants and insane persons, liability for exemplary damages, see section 33

of this title. Injuries to animals, exemplary damages for, see section 26G6 of this title. Person embezzling from estate, liable in double damages, see title 4, section

1451. ARTICLE 2.—MEASURE OF DAMAGES

A. Damagks for Breach of Contract

Rec. 2G51. Measure of damages for breach of

contract.

i'652. Damages must be certain. 2653. Breach of contract to pay liquidated sum.

2654. Breach of carrier's obligation to re- ceive goods, etc. 2655. Breach of carrier's obligation to

deliver. 2656. Carrier's delay. 2657. Breach of warranty of authority. 2658. Breach of promise of marriage.

2659. Liability for nonpayment of check.

Sec. 2661.

B. Damages foe Wrongs

Breach of obligation other than contract. 2662. Conversion of personal property. 2663. Same.

2664. Damages of lienor. 2665. Seduction.

2666. Injuries to animals.

C. General Provisions

2671. Property of peculiar value. 2672. Value of thing in action. 2673. Damages allowed in this article, ex- clusive of others. 2674. Limitation of damages.

2675. Damages to be reasonable. 2676. Nominal damages.

a. damages for breach of contract

Ceoss-Refeeences

Breach of warranty, see section 1049 of this title. Measure of damages for breach of contracts to sell and sales of personal

property, see sections 981 et seq., of this title. 2651. Measure of damages for breach of contract.—For the

breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this title, is the

amount which will compensate the party aggrieved for all the det- riment proximately caused thereby, or which, in the ordinary course

of things, would be likely to result therefrom.

Ceoss-Refeeences

Contract fixing damages for breach in advance, effect of, see section 934 of

this title. Damages limited to amount one would gain by performance, see section 2674

of this title. Damages to be reasonable, see section 2675 of this title. Nominal damages, see section 2676 of this title. 2652. Damages must be certain.—No damages can be recovered

for a breach of contract which are not clearly ascertainable in both

their nature and origin.

2653. Breach of contract to pay liquidated sum.—The detriment

caused by the breach of an obligation to pay money only, is deemed

299
T. 3, §2654 THE CIVIL CODE

to be the amount due by the terms of the obligation, with interest

thereon.

2654. Breach of carrier's obligation to receive goods, etc.—The

detriment caused by the breach of a carrier's obligation to accept

freight, messages, or passengers, is deemed to be the difference between the amount which he had a right to charge for the carriage

and the amount which it wonld be necessary to pay for the same

service when it ought to be performed.

CKOSS-REFEaSENCE

Obligation to receive freight, see section 1472 of this title.

2655. Breach of carrier's obligation to deliver.—The detriment

caused by the breach of a carrier's obligation to deliver freight,

where he has not converted it to his own use, is deemed to be the

value thereof at the place and on the day at which it should have

been delivered, deducting the freightage to which he would have

been entitled if he had completed the delivery.

Ckoss-Eeferences

Delivery of property by carrier, see section 1434 of this title. Stoppage in transitu, see sections 1037 et seq., of this title.

2656. Carrier's delay.—The detriment caused by a carrier's delay

in the delivery of freight, is deemed to be the depreciation in the

intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason

of a depreciation in its intrinsic value, at the place where it ought

to have been delivered, and between the day at which it ought to have been delivered, and the day of its actual delivery.

Cross-references

Carrier's liability for delay, see section 1493 of this title. Delay in carriage, liability for, see sections 1415 and 1493 of this title. 2657. Breach of v/arranty of authority.—The detriment caused

by the breach of a v/arranty of an agent's authority, is deemed to be the amount which could have been recovei-ed and collected from

his principal if the warranty had been complied with, and the rea- sonable expenses of legal proceedings taken, in good faith, to enforce

the act of the agent against his principal.

Cboss-Reference

Warranty of authority by one assuming to act as agent, see section 1671 of

this title. 2658. Breach of promise of marriage.—The damages for the

breach of a promise of marriage rest in tlie sound discretion of the court or jury.

2659. Liability for nonpayment of check.—No bank shall be lia- ble to a depositor because of the nonpayment through mistake or

300
THE CIVIL CODE [T. 3, § 2666

error, and without malice, of a check which should have been paid

unless the depositor shall allege and prove actual damage by reason

of such nonpayment and in such event the liability shall not exceed

the amount of damage so proved.

B. DAMAGES FOR WRONGS

2661. Breach of obligation other than contract.—For the breach

of an obligation not arising from contract the measure of damages,

except where otherwise expressly provided by this title, is the

amount which Avill compensate for all the detriment proximately

caused thereby, whether it could have been anticipated or not. Cro3s-Eeference

Diniiimtinn of damages in proportion to want of care of person injured,

see aottiun 977 of this title. 2662. Conversion of persona! property.—The detriment caused by

the wrongful conversion of personal property is presumed to be

First. The value of the property at the time of the conversion,

with the interest from that time, or where the action has been

prosecuted with reasonable diligence, the highest market value of

the property at any time between the conversion and the judgment,

without interest, at the option of the injured party; and

Second. A fair compensation for the time and money properly

expended in pursuit of the property.

2663. Same.—The presumption declared by the next preceding

section cannot be repelled in favor of one whose possession was

wrongful from the beginning, by his subsequent application of the

property to the benefit of the owner, without his consent. 2664. Damages of lienor.—One having a mere lien on personal

property, cannot recover greater damages for its conversion, from

one having a right thereto superior to his, after his lien is discharged,

than the amount secured by the lien, and the compensation allov/ed

by section 2662 of this title for loss of time and expenses.

Cross-Reifekences

Damages for conversion of personalty, generally, see section 26G2 of this title. Levy on mortgaged chattel, see section 2269 of this title.

2665. Seduction.—The damages for seduction rest in the sound

discretion of the court or jury.

CBOSS-REFE3tENCES *

Action by parent or guardian, see title 4, section 130. Action by unmarried female, see title 4, section 129.

2666. Injuries to animals.—For wrongful injuries to animals

being subjects of property, committed willfully or by gross negli- gence, in disregard of humanity, exemplary damages may be given.

Cross-Refeeence

Exemplary damages, generally, see section 2641 of this title.

301
T. 3, §2671] THE CIVIL CODE

C. GENERAL PROVISIONS

2671. Property of peculiar value.—Where certain property has a

peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in

respect thereof, or against a willful wrongdoer.

2672. Value of thing in action.—For the purpose of estimating

damages, the value of an instrument in writing is presumed to be

equal to that of the property to which it entitles its owner.

2673. Damages allowed in this article, exclusive of others.—The

damages prescribed by sections 2651 to 2676 of this title are exclusive

of exemplary damages and interest, except where those are expressly

mentioned.

Ceoss-Refebences

Exemplary damages, see section 2641 of this title. Interest, see sections 1050 and 2631 to 2634 of this title. 2674. Limitation of damages.—Notwithstanding the provisions of

sections 2651 to 2676 of this title, no person can recover a greater

amount in damages for the breach of an obligation than he could

have gained by the full performance thereof on both sides, except

in the cases specified in section 2641 of this title on exemplary damages and in sections 2658, 2665, and 2666 of this title. Ceoss-Retekence

Exemplary damages, see section 2641 of this title. 2675. Damages to be reasonable.—Damages must, in all cases, be

reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary

to substantial justice, no more than reasonable damages can be

recovered.

Ceoss-Refekence

Liquidated damages and i)enalty, see sections 933 and 934 of this title. 2676. Nominal damages.—^When a breach of duty has caused no

appreciable detriment to the party affected, he may yet recover nominal damages.

CHAPTER 73.—SPECIFIC AND PREVENTIVE RELIEF

Art. Sec.

1. General principles 2681

2. Specific relief 2691

Art. Sec.

3. Preventive relief 2741

ARTICLE 1.—GENERAL PRINCIPLES

Sec. 2681. Specific relief, etc., when allowed. 2682. Specific relief, how given.

Sec.

2(583. Preventive relief, how given.

2(iS4. Not to enforce penalty, etc. Section 2681. Specific relief, etc., when allowed.—Specific or pre- ventive relief may be given as provided by the laws of the Canal

Zone.
THE CIVIL CODE [T. 3, § 2691

Cross-Refekences

Cancellation of instruments, see sections 2731 et seq., of this title. Claim ana delivery, see title 4. sections 321 et seq., and 751. Injunctions, see sections 2741 et seq., of this title. Possession of personal property, see sections 2691 et seq., of this title. Rescission of contracts, see sections 911 et seq., and 2721 et seq., of this title. Revision of contracts, see sections 2711 et seq., of this title. Specific performance of obligation, see sections 2701 et seq., of this title. 2682. Specific relief, how given.—Specific relief is given—

1. By taking possession of a thing and delivering it to a claimant;

2. By compelling a party himself to do that which ought to be

done; or

3. By declaring and determining the rights of parties, otherwise

than by an award of damages.

CkOSS-Reference

Writ of mandate, see title 4, sections 1051 to 1061. 2683. Preventive relief, how given.—Preventive relief is given by

prohibiting a party from doing that which ought not to be done.

Ceoss-Reterences

Preventive relief, generally, see sections 2741 et seq., of this title. Injunction, see title 4, sections 341 to 346. Prohibition, see title 4, sections 1071 to 1074. Certiorari, see title 4, sections 1031 et seq. Contempt, see title 4, sections 1161 et seq. 2684. Not to enforce penalty, etc.—Neither specific nor pre- ventive relief can be granted to enforce a penal law, except in a case of nuisance, nor to enforce a penalty or forfeiture in any case. ARTICLE 2.—SPECIFIC RELIEF

A. Possession of Personal Property

Sec. 2691. Judgment for delivery. 2692. Specific delivery.

B. Specific Performance of Obligations

2701. Sneciflc performance.

2702. No remedy unless mutual.

2703. Contract signed by one party only, may be enforced by other. 2704. Liquidation of damages not a bar to

specific performance.

2705. What cannot be specifically enforced. 2706. What parties cannot be compelled to perform.

2707. What parties cannot have specific performance in their favor.

C. Revision of Contracts

Sec. 2711. When contract may be revised. 2712. Presumption as to intent of parties. 2713. Principles of revision. 2714. Enforcement of revised contract. D. Kescission of Contracts

2721. When rescission may be adjudged.

2722. Rescission for mistake.

2723. Court may require party rescinding

to do equity. E. Cancelation of Instruments

2731. When cancelation may be ordered. 2732. Instruments obviously void. 2733. Cancelation in part. 2734. Reissuance, etc., of lost private doc- uments or instruments.

A. POSSESSION OF PERSONAL PROPERTY

2691. Judgment for delivery.—A person entitled to the immediate possession of specific personal property may recover the same in

the manner provided by Title 4, The Code of Civil Procedure.

Cross-Reference

Claim and delivery, see title 4, sections 321 to 332. 303
T. 3, § 2692] THE CIVIL CODE

2692. Specific delivery.—Any person having the possession or control of a particular article of personal property, of ^Yhich he is not

the owner, may be compelled specifically to deliver it to the person

entitled to its immediate possession.

B. SPECIFIC PERFORMANCE OF OBLIGATIONS

2701. Specific performance.—Except as otherwise provided in

sections 2702 to 2707 of this title, the specific performance of an obli- gation may be compelled.

Ceoss-Refekeinces

Specifically enforcing revised contract, see section 2714 of this title. Specific performance, see sections 2705 and 2707 of this title. Specific performance of contract to deliver specific or ascertained goods, see section 1048 of this title. Enforcement of contract of decedent, see title 4, sections 1541 et seq. 2702. No remedy unless mutual.—Neither party to an obligation can be compelled specifically to perform it, unless the other party

thereto has performed, or is compellable specifically to perform,

everything to which the former is entitled under the same obligation,

cither completely or nearly so, together v/ith full compensation for

any want of entire performance.

Cross-Refekencb

Performance by parties seeking execution, compare with section 2707 of this

title. 2703. Contract signed by one party only, may be enforced by

other.—A party who has signed a written contract may be compelled

.'^pecificall}^ to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and

the case is otherwise proper for enforcing specific performance.

2704. Liquidation of damages not a bar to specific performance.—A contract otherwise proper to be specifically enforced, may

be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in default is willing to pay

the same. 2705. What cannot be specifically enforced.—The following obli- gations cannot be specifically enforced

1. An obligation to render personal service; ' 2. An obligation to employ another in personal service;

3. An agreement to submit a controversy to arbitration;

4. An agreement to perform an act which the party has not power

lawfully to perform when required to do so;

5. An agreement to procure the act or consent of the wife of the

contracting party, or of any other third person; or

6. An agreement, tlie terms of which are not sufficiently certain to make the precise act which is to be done clearly ascertainable.

Cboss-Re!febencb What parties cannot have specific performance, see section 2707 of this title. 304
THE CIVIL CODfJ [T. 3, § 2714 2706. What parties cannot be compelled to perform.—Specific

performance cannot be enforced against a party to a contract in any

of the following cases:

1. If he has not received an adequate consideration for the contract ; 2. If it is not, as to him, just and reasonable;

3. If his assent was obtained by the misrepresentation, concealment, circumvention, or unfair practices of any party to whom per- formance would become due under the contract, or by any promise

of such party which has not been substantially fulfilled ; or

4. If his assent was given under the influence of mistake, misapprehension, or surprise, except that where the contract provides for

compensation in case of mistake, a mistake within the scope of such

provision may be compensated for, and the contract specifically

enforced in other respects, if proper to be so enforced.

2707. What parties cannot have specific performance in their

favor.—Specific performance cannot be enforced in favor of a party

who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except where his

failure to perform is only partial, and either entirely immaterial,

or capable of being fully compensated, in which case specific per- formance may be compelled, upon full compensation being made for

the default.

Cross-Reference

What obligations cannot be specifically enforced, see section 2705 of this title.

C. REVISION OF CONTRACTS

2711. When contract may be revised.—Wlien, through fraud or a mutual mistake of the parties, or a mistake of one party, which

the other at the time knew or suspected, a written contract does not

truly express the intention of the parties, it may be revised on the

application of a party aggrieved, so as to express that intention, so far as it can be done without prejudice to rights acquired by third

persons, in good faith and for value.

Ceoss-Refekences

Contract disregarded where not expressing intent through fraud or mistake,

see section 906 of this title. Revised to express intention, see section 2713 of this title. 2712. Presumption as to intent of parties.—For the purpose of

revising a contract, it must be presumed that all the parties thereto

intended to make an equitable and conscientious agreement.

2713. Principles of revision.—In revising sk written instrument,

the court may inquire Vvhat the instrument was intended to mean,

and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended

to be. 2714. Enforcement of revised contract.—A contract may be first revised and then specificall37^ enforced.

305
T. 3, § 2721] THE CIVIL CODE

D. RESCISSION OF CONTRACTS

2721. When rescission may be adjudged.—The rescission of a

written contract may be adjudged, on tl:ie application of a party

aggrieved

1. In any of the cases mentioned in section 952 of this title;

2. Where the contract is unlawful, for causes not apparent upon

its face, and the parties were not equally in fault ; or

3. When the public interest will be prejudiced by permitting it to stand.

Ckoss-Refekences

Cancelation of instrnments, see sections 2731 et seq., of this title. Rescission of contracts by party thereto, see section 952 of this title. Rescission, how effected, see section 954 of this title. 2722. Rescission for mistake.—Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can

be restored to substantially the same position as if the contract had

not been made.

Cross-References

Mistake, see sections 832 et seq., of this title. Placing party in statu quo, see section 954 of this title. 2723. Court may require party rescinding to do equity.—On adjudging the rescission of a contract, the court may require the party

to whom such relief is granted to make any compensation to the

other which justice may require.

E. CANCELATION OF INSTRUMENTS

2731. When cancelation may be ordered.—A written instrument,

in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom

it is void or voidable, may, upon his application, be so adjudged, and

ordered to be delivered up or canceled.

Cross-References

Cancelation and alteration of instruments by parties thereto, see section 961

et seq., of this title. Rescission of contracts, see sections 951 et seq., and 2721 et seq., of this title. Removing cloud on title, see title 4, section 661. 2732. Instrument obviously void.—An instrument, the invalidity

of which is apparent upon its face or upon the face of another

instrument which is necessary to the use of the former in evidence,

is not to be deemed capable of causing injury, within the provisions

of the next preceding section.

2733. Cancelation in part.—Wliere an instrument is evidence of

different rights or obligations, it may be canceled in part, and

allowed to stand for the residue.

2734. Reissuance, etc., of lost private documents or instruments.—An action may be maintained by any person interested in

any private document or instrument in writing, which has been lost,

806
THE CIVIL CODE [T. 3, § 2754 destroyed, or dania<jed by conflagration or other public calamity, to prove, establish, compel the reissuance, reexecution, and reacknowledgment of such document or instrument. If such document or instrument be a negotiable instrument, the court must compel the

person in whose favor it is drawn to give a bond executed by himself

and two sufficient sureties to indemnify the person reissuing, reexe- cuting, or reacknowledging the same against any laAvful claim

thereon.

ARTICLE 3.—PREVENTIVE RELIEF

Sec.

I Sec. 2741. Preventive relief, how granted. I 2742. Injunctions regulated by title 4. 2741. Preventive relief, how granted.—Preventive relief is granted by injunction, preliminary or final. Cross-References

Enjoining nuisance, see title 4, section 651. Mortgage, restraining waste during foreclosure, see title 4, section 668. 2742. Injunctions regulated by title 4.—Injunctions are regulated by Title 4, The Code of Civil Procedure.

Ceoss-Refesence

Provisional injunctions, see title 4, sections 341 et seq. CHAPTER 74.—SPECIAL RELATIONS OF DEBTOR AND CREDITOR

Art. Sec.

1. General principles 2751

2. Fraudulent instruments and transfers 2761

Art. Sec.

.3. Assignments for benefit of credi- tors 2771 ARTICLE 1.—GENERAL PRINCIPLES

Sec. 2751. Who is a debtor. 2752. Who is a creditor. 2753. Contracts of debtor are valid.

Sec. 2754. Payments in preference. 2755. Relative rights of different creditors.

Section 2751. Who is a debtor.—A debtor, within the meaning of

this chapter, is one who, by reason of an existing obligation, is or may become liable to pay money to another, whether such liability is certain or contingent.

2752. Who is a creditor.—A creditor, within the meaning of this

chapter, is one in whose favor an obligation exists, by reason of which

he is, or may become, entitled to the payment of money.

2753. Contracts of debtor are valid.—In the absence of fraud,

every contract of a debtor is valid against all his creditors, existing or subsequent, who have not acquired a lien on the property affected

by such contract. 2754. Payments in preference.—A debtor may pay one creditor

in preference to another, or may give to one creditor security for the

payment of his demand in preference to another.

Ceoss-Referbnce

Preferring creditor, see section 2779 (1) of this title. 307
;7G3. Creditor's right must be Judicially ascertained.

T. 3, § 2735] THE CIVIL CODE

2755. Relative rights of different creditors.—Where a creditor is entitled to resort to each of several funds for the satisfaction of his

claim, and another person has an interest in, or is entitled as a creditor to resort to some, but not all of them, the latter may require

the former to seek satisfaction from those funds to which the latter has no such claim, so far as it can be done without impairing the right

of the former to complete satisfaction, and without doing injustice

to third persons.

Cross Refebence

Order of resort to different funds, see section 2202 of this title. ARTICLE 2.—FRAUDULENT INSTRUMENTS AND TRANSFERS

Sec. Sec.

i;7G]. Transfers, etc., witli intent to de- fraud creditors. 2762. Transfers presumed fraudulent. 2761. Transfers, etc., with intent to defraud creditors.—Every

transfer of property or charge thereon made, eveiy obligation in- curred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against

all creditors of the debtor, and their successors in interest, and against

any person upon whom the estate of the debtor devolves in trust for

the benefit of others than the debtor.

Cross-Refeeences

Arrest, see title 4, section 292. Undertaking in action to set aside frautlu'ent conveyance, see title 4, sections 561 et seq. 2762. Transfers presumed fraudulent.—Every transfer of per- sonal propert}'', other than a thing in action, or a ship or cargo at sea or in a foreign port, and every lien thereon, other than a mortgage,

when allov^'ed by law, and a contract of bottomry or respondentia, is conclusively presumed if made by a person having at the time the

posse.ssion or control of the property, and not accompanied by an immediate delivery, and followed by an actual and continued change

of possession of tlie things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession, and the successors in interest of such creditors, and

against any persons on whom his estate devolves in trust for the

benefit of others than himself, and against purchasers or encumbrancers in good faith subsequent to the transfer : Provided^ however,

That the provisions of this section shall not apply or extend to any

sale, transfer, assignment, or mortgage made under the direction or order of a court of competent jurisdiction or by any executor, administrator, guardian, receiver, or other officer or person acting in the

regular and proper discharge of official duty or in the discbarge of

any trust imposed upon him by law, nor to any transfer or assignment, statutory or otherwise, made for the benefit of creditors,

generally, nor to any sale, transfer, assignment, or mortgage of any > property exemj^t from execution.

Cross-References

Ciiatfi'l mortgage, when void as to creditors and purchasers, see section 2264

of this title. Recov(>i-j' hy exccutoi- of property fraudulently conveyed by decedent, see title

4, sections 1529 to 1531. 808

il
riih] uivih con/J fT. 3, § 2773

2763. Creditor's right must be judicially ascertained.—A creditor can avoid the act or obligation of his debtor for fraud only where

the fraud obstructs the enforcement, by legal ])rocess, of his right to take the property affected by the transfer or obligation.

ARTICLE 3.—ASSIGNMENTS FOR BENEFIT OF CREDITORS

Sec. 2771. When debtor may execute assign- ment.

2772. Form of assl.t;nment. 2773. Custody of property ; creditors' meeti!i:^ and notice thereof; election

of assignee. 2774. MarsliaPs fees. 2775. I'owers and duties of elected assignee. 2776. Insolvency, what.

2777. Certain transfers not affected. 2778. What debts m:iy be secured. 2779. Assignment when void. 2780. Assignment to be in writing. 2781. Compliance with provisions of last section necessary to validity of assignment.

2782. Assignee takes, subject to rights of third parties.

Sec. 2783. Inventory requiied. 2784. Atlidavit of assignor to be tiled with

inventory.

2785. Recording assignment and filing in- ventory.

278(1. Assignment, when void. 2787. Bond of assignees. 2788. Conditions of disposal and conversion ; publication of n^itice by

assignee ; dividends ; rights of mortgagee.

2789. Accounting of assignee. 2790. Property exempt.

2791. Commissions of assignees. 2792. Assignees protect-.d for acts done in good faith. 2793. Assent of creditor necessary to modification of assignment.

2771. When debtor may execute assignment.—An insolvent

debtor may in good faith execute an assignment of property in trust for the .satisfaction of his creditors, in conformity to the provisions

of this article; subject, however, to the provisions of this title relative to trusts and fraudulent transfers, and to the restrictions imposed by law upon assignments by special partnerships, or by other

specific classes or persons.

Crops-Kkteeenc?: Partner cannot assign, see section 1763 (1) of this title. 2772. Form of assignment.—Every such assignment shall contain

a list of the names of the creditors of the assignor, and their places

of residence and amounts of their respective demands, and the

amounts and nature of any security therefor; and shall, subject to the other provisions of this article, be made to the marshal of the

Canal Zone.

Cboss-Refeeence

Form of assignment, see section 2780 of this title. 2773. Custody of property; creditors' meeting and notice

thereof; election of assignee.—The marshal shall forthwith take

possession of all the property so as.signed to him, and keep the same

till delivered by him, as hereinafter provided. When the assignment has been made, as hereinbefore provided, the marshal shall immediately, by mail, notify the creditors named in the assignment,

at their places of residence as given therein, to meet at his office on a day and hour to be appointed by him, not less than eight or more than ten days from the date of the delivery of the assignment to him, for the purpose of electing one or more assignees,

as they may determine, in the place and stead of the said marshal

in the premises.

lie shall also publish a notice of such meeting, and the purpose

thereof, at least once before .such meeting, in some newspaper of

general circulation in the Canal Zone. The notice so to be mailed

309
T. 3, § 2774] THE CIVIL CODE

shall also contain a statement of the amount of the demand of the

creditor, and the amount and nature of any security therefor, as

set forth in the assignment; and if any creditor shall not find the

amount of his claim to be correctly so stated, he may file with said

marshal, at or before such meeting, a statement, under oath, of his

demand, and such statement shall, for the purpose of voting as hereinafter provided, be accepted by said marshal as correct; and when

no such statement is filed, the statement of amount as set forth in

the assignment shall be accepted by the marshal as correct. No creditor having a mortgage or pledge of property of the debtor, or lien thereon, for securing the payment of a debt owing to him

from the debtor, shall be allowed to vote any part of his claim at such meeting of creditors, unless he shall have first conveyed, re- leased, or delivered up his said security to said marshal for the

benefit of all creditors of said assignor.

At such meeting the marshal shall preside, and a majority in amount of demands present or represented by proxy shall control

all questions and decisions. The creditors may adjourn such meeting from time to time, and may vote on all questions either in person

or by proxy signed and acknowledged before any officer authorized

to take acknowledgments, and filed with the marshal.

At such a meeting, or any adjournment thereof, the creditors may

elect one or more assignees from their own number, in the place and

stead of the marshal, and the person or persons so elected shall afterwards be the assignee or assignees under the provisions of this

article; and the marshal, by transfer in writing, acknowledged as required by section 2780 of this title, shall at once assign to such

elected assignee or assignees, upon the trusts in this article provided,

all the property so assigned to him, and deliver possession thereof.

All recitals in such assignment by said marshal of notices of such

meeting, and the holding thereof, and of the due election of such

assignee or assignees, shall be prima facie proof of the facts recited. 2774. Marshal's fees.—The marshal shall, before the delivery of

such assignment, be paid the expenses incurred by him, and fees in such amount as would by law be collectible if the property assigned

had been levied upon and safely kept under attachment.

2775. Powers and duties of elected assignee.—Thereupon, and

after the record of such last-named assignment, as in this article provided, such elected assignee or assignees shall take, and hold, and

dispose of all such property and its proceeds, upon the trusts and

conditions and for the purposes in this article provided.

Cboss-Refeeences

Assignee cannot act until bond and inventory filed, see section 2788 of tliis title. Commissions and expenses of assignee, see section 2791 of this title. 2776. Insolvency, what.—A debtor is insolvent, within the meaning of this article, when he is unable to pay his debts from his own

means as they become due.

Cboss-Refeeencb

Insolvency defined, see section 1055 of this title.

310

i
THE CIVIL CODE [T. 3, § 2780

2777. Certain transfers not affected.—The provisions of this

article do not prevent a person residing in any State or country from

making there, in good faith, and without intent to evade the laws of

the Canal Zone, a transfer of property situated within it; but such

person cannot make a general assignment of property situated in

the Canal Zone for the satisfaction of all his creditors, except as in

this article provided ; nor do the provisions of this article affect the

power of a person, although insolvent, and whether residing within

or without the Canal Zone, to transfer property in the Canal Zone,

in good faith to a particular creditor, or creditors, or to some other

person or persons in trust for such particular creditor or creditors

for the purpose of paying or securing the whole or part of a debt

owing to such creditor or creditors, whether in his or their own right

or otherwise,

2778. What debts may be secured.—An assignment for the benefit

of creditors may provide for any subsisting liability of the assignor

which he might lawfully pay, whether absolute or contingent.

2779. Assignment when void.—An assignment for the benefit of

creditors is void against any creditor of the assignor not assenting

thereto, in the following cases

First. If it give a preference to one debt or class of debts over

another.

Second. If it tend to coerce any creditor to release or compromise

his demand.

Third. If it provide for the payment of any claim known to the

assignor to be false or fraudulent ; or for the payment of more upon

any claim than is known to be justly due from the assignor.

Fourth. If it reserve any interest in the assigned property, or

in any part thereof, to the assignor, or for his benefit, before all his

existing debts are paid.

Fifth. If it confer upon the assignee any power which, if exercised,

might prevent or delay the immediate conversion of the assigned

property to the purposes of the trust. Sixth. If it exempt him from liability for neglect of duty or misconduct.

Cboss-Refeieences

Preferences by special partnership, see section 1828 of this title. Preferences to creditors, see section 2754 of this title. 2780. Assignment to be in writing.—An assignment for the benefit of creditors must be in writing, subscribed by the assignor, or by

his agent thereto authorized in writing, and the transfer by the

marshal must also be in writing, subscribed by the marshal in his

official capacity. Both such assignment and such transfer must be

aclmowledged, or proved and certified, in the mode prescribed by

chapter 22 of this title, and be recorded as required by section 2785

of this title. Cross-Rbsfekences Form of assiioiment, see section 2772 of this title. Recording of assignment, see sections 2781 and 2785 of this title.

311
T, 3, § 2781] THE CIVIL CODE

2781. Compliance with provisions of preceding section necessary

to validity of assignment.—Unless the provisions of the next pre- ceding section are complied with, an assignment for the benefit of

creditors is void against every creditor of the assignor not assenting

thereto.

CROSS-REFERiiNCE

Recording of assignments, see sections 27S0 and 2785 of this title. 2782. Assignee takes, subject to rights of third parties.—An

assignee for the benefit of creditors is not to be regarded as a purchaser for value, and has no greater rights than his assignor had,

in respect to things in action transferred by the assignment.

2783. Inventory required.—Within twenty days after an assignment is made for the benefit of creditors, the assignor must make

and file, in the manner prescribed by section 2785 of this title, a full and true inventory, showing

1. All the creditors of the assignor;

2. The place of residence of each creditor, if known to the assignor, or if not known, that fact must be stated

3. The sum owing to each creditor and the nature of each debt or

liability, whether arising on written security, account, or otherwise;

4. The true consideration of the liability in each case, and the

place where it arose;

5. Every existing judgment, mortgage, or other security for the

payment of any debt or liability of the assignor

6. All property of the assignor at the date of the assignment,

which is exempt by law from execution ; and

7. All of the assignor's property at the date of the assignment, of

every kind, not so exempt, and the encumbrances existing thereon,

and all vouchers and securities relating thereto, and the value of such

property according to the best knowledge of the assignor.

2784. Affidavit of assignor to be filed with inventory.—An affi- davit must be made by every assignor executing an assignment

for the benefit of creditors, to be annexed to and filed with the inventory mentioned in section 2783 of this title, to the effect that the same is in all respects just and true according to the best of such

assignor's knowledge and belief. If the assignor neglects or refuses to make and file such inventory

and afiiclavit within said twenty days, the assignment shall not, for

that reason, be affected in any way, but in that event the assignee or assignees elected by the creditors shall within tv/enty days tliereafter

make and file in the office of the registrar of property, a verified

inventory of all assets received by them; and such assignee or assignees may at any time, or from time to time, after the transfer

to them by the marshal, by petition to the district court, caiise the

assignor, by order or citaticm to appear before said court, or a commissioner or referee to be a})pointed by it, at a time and place to be

designated in the order or citation, to be examined touching the

matters mentioned in section 2783, and any other matters reiative to the assignment, and to have with him all books of account, vouchers,

and papers relating to the assigned property; and such court may

812
THE CIVIL CODE [T. 3, § 2788 by its order require the surrender to such assignee or assignees of

such books, vouchers, and papers to be by them retained until their

trust is fully completed and performed.

2785. Recording assignment and filing inventory.—An assignment for the benefit of creditors must be recorded, and the inventory

required by section 2783 of this title filed with the registrar of

property.

Cboss-Referbnce

Recording of assignment, see sections 2780 and 2781 of this title. 2786. Assignment, when void.—An assignment for the benefit of

creditors is void against creditors of the assignor and against purchasers and encumbrancers in good faith and for value unless it is recorded as provided in this article, and unless either the inventory

required by section 2783 of this title, or the inventory required of the

assignee or assignees by section 2784 of this title is filed in the manner

provided in this article and within the time designated.

2787. Bond of assignees.—No bond shall be given by the marshal,

but he shall be liable on his official bond for the care and custody of

the property while in his possession. Within forty days after date

of the transfer by the marshal, the assignee must enter into a bond

in such amount as may be fixed by the district judge, with sufficient sureties to be approved by such judge, and conditioned for the faithful discharge of the trust and the due accounting for all moneys

received by the assignee, which bond must be filed in the same office with the mventory; and any assignee failing to comply with the

provisions of this section may be removed by the above-named court on petition of the assignor or any creditor, and his successor appointed by such court. 2788. Conditions of disposal and conversion; publication of

notice by assignee; dividends; rights of mortgagee.—Until a verified inventory has been made and filed, either by the assignor or

assignee, as required by the provisions of this article, and the as- signee has given the bond required by the next preceding section,

such assignee has no authority to dispose of the property of the

estate, or any part of it (except in the case of perishable property,

which in his discretion he may dispose of at any time and receive the

proceeds of sale thereof) ; nor has he power to convert the property,

or the proceeds of any sale of perishable property, to the purposes of

the trust. Within ten days after the filing of his bond, the assignee must commence the publication (and such publication shall continue at

least once a week for four weeks), in some newspaper of general cir- culation in the Canal Zone, of a notice to creditors of the assignor,

stating the fact and date of the assignment, and requiring all persons

having claims against the assignor to exhibit them, with the neces- sary vouchers, and verified by the oath of the creditor, to the assignee.

at his place of residence or business, to be specified in the notice ; and

he shall also, within ten days after the first publication of said notice,

mail a copy of such notice to each creditor whose name is given m

93083—34 21 313
T. 3, § 2789] THE CIVIL CODE

the instrument of assignment, at the address therein given. After

such notice is given, a copy thereof, with affidavit of due publication

and mailing, must be filed with the registrar of property with whom

the inventory has been filed, which affidavit shall be prima facie

evidence of the facts stated therein.

At any time, or from time to time, after the expiration of thirty

days from the first publication of said notice (provided the same shall also have been mailed as in this section provided), the assignee may.

in his discretion, declare and pay dividends to the creditors whose

claims have been presented and allowed. No dividend alread}^ declared shall be disturbed by reason of claims being subsequently pre- sented and allowed; but the creditor presenting such claim shall be

entitled to a dividend equal to the percent already declared and paid,

before any further dividend is made: Provided^ hoivever^ That there

be assets sufficient for that purpose : And yrovided^ That the failure

to present such claim shall not have resulted from his own neglect,

ancl he shall attach to such claim a statement, under oath, showing

fully Avhy the same w^as not before presented.

When a creditor has a mortgage or pledge of property of the

debtor, or a lien thereon, for securing the pa3'ment of a debt owing

to him from the debtor, and shall not have conveyed, released-, or delivered up such security to the marshal, as provided for by section

2773 of this title, he shall be admitted as a creditor only for the bal- ance of the debt after deducting the value of such mortgage, pledge,

or lien, to be ascertained by agreement betAveen him and the assignee, or by a sale thereof, to be made in such manner as the district court

shall direct ; or the creditor may release or convey his claim to the as- signee upon such property, and be admitted to prove his whole debt.

If the value of the property exceeds the sum for which it is so held

as security, the assignee may release to the creditor the debtor's right

of redemption thereon on receiving such excess; or he may sell the

property, subject to the claim of the creditor thereon; and in either case the assignee and creditor, respectively, shall execute all Avritings

necessary or proper to consummate the transaction. If the property

is not sold or released, and delivered u]), the creditor shall not be

allowed to prove any part of his debt.

2789. Accounting of assignee.—After six months from the date

of an assignment for the benefit of creditors, the assignee may be

required, on the petition of any creditor, to account before the district court. 2790. Property exempt.—Property exempt from execution and

insurance upon the life of the assignor, do not ])ass to the assignee

by a general assignment for the benefit of creditors unless the instrument specially mentions them and declares an intention that they

should pass thereby.

Cboss Reference

Proporfy exempt from execution, see title 4, section 590. 2791. Commissions of assignees.—The elected assignee or as- signees for the benefit of creditors shall be entitled to a reasonable

commission on assignments, to be fixed by the court. Such assignee

314

il
THE CIVIL CODE [X. 3, § 2803 or assignees shall also be entitled to all necessary expenses in the management of their trust. ^

Cross-Reference

Commissions and expenses of marshal, see section 2774 of this title. 2792. Assignees protected for acts done in good faith.—An assignee for the benefit of creditors is not to be held liable for his

acts, done in good faith in the execution of the trust, merely for the reason that the assignment is afterward adjudged void.

rJ^lf^'

.^^^^"* «^ creditor necessary to modification of assign- ment.--An assignment for the benefit of creditors which has been executed and recorded so as^to transfer the property to the marshal,

01 a transfer by the marshal to the elected assignee or assignees which has been executed and recorded, cannot afterwards be modified

or canceled by the parties without the consent of the assi-nor and of every creditor affected thereby.

<^^^^^nov ana CHAPTER 75—NUISANCE

Ai-t- Sec Art.

1. General principles 2801

2. Public nuisances 2 2811

Sec.

3. Private nuisances 2821 ARTICLE 1.—GENERAL PRINCIPLES

Sec. Sec.

2.S01. Nuisance, wliat. 2804 What sc ^^^ a 2802. Public nuisance ocnl' I\ .* ^^ ?°^ deemed a nuisance.

2803. Private nuisance. | "^^^^ Abatement does not preclude action. Section 2801 Nuisance what—Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the tree use of property, so as to interfere with the comfortable enjoyment of lite or property, or unlawfully obstructs the free pas- sage or use, m the customary manner, of any navigable lake, or river bay stream, canal, or basin, or any public park, square, street, or highway is a nuisance. ^ ' ' Cross-references

See also, title 5, sections 551 and 552

Nuisances, what are, and remedies for, see title 4, section 651. 2802. Public nuisance.-A public nuisance is one which affects at the same time an entire community or neighborhood, or any consid- erable nuinber of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

Cross-References

See also title 5, sections 551 and 552. Abating- public nuisance, see section 2815 of this title Public nuisance, see sections 2811 et seq., of this title.

2803. Private nuisance.—Every nuisance not included in the aennition m the next preceding section is private.

Cross-Reference

Private nuisance, see section 2821 of this title.

315
T. 3, § 28W] THE CIVIL CODE

2804. What is not deemed a nuisance.—Nothing which is done

or maintained under the express authority of law can be deemed a nuisance.

2805. Abatement does not preclude action.—The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.

ARTICLE 2.—PUBLIC NUISANCES

Sec. 2S14. Remedies for public nuisance.

2815. How abated.

Sec. 2811. Lapse of time does not legalize. 2812. Remedies against public nuisance.

2813. Remedy regulated, how. 2811. Lapse of time does not legalize.—No lapse of time can

legalize a public nuisance, amounting to an actual obstruction of

public right.

Cross-Reference

Public nuisance, defined, see section 2S02 of this title. 2812. Remedies against public nuisance.—The remedies against

a public nuisance are

1. Information

2. A civil action;

3. Abatement.

2813. Remedy regulated, how.—The remedy by information is regulated by Title 5, The Criminal Code.

Ckoss-Refeeence

See title 5, sections 551 and 552. 2814. ReMiedies for public nuisance.—A private person may

maintain an action for a public nuisance, if it is specially injurious

to himself, but not otherwise.

2815. How abated.—A public nuisance may be abated by any

public body or officer authorized thereto by law.

ARTICLE 3.—PRIVATE NUISANCES

2821. Remedies for private nuisance.—The remedy against a private nuisance is a civil action.

CHAPTER 76.—IWAXIMS OF JURISPRUDENCE

Section 2831. The maxims of jurisprudence hereinafter set forth

are intended not to qualify any of the foregoing provisions of this

title, but to aid in their just application.

2832. When the reason of a rule ceases, so should the rule itself. 2833. Where the reason is the same, the rule should be the same. - 2834. One must not change his purpose to the injury of another. | 2835. Anyone may waive the advantage of a law intended solely ' for his benefit. But a law established for a public reason cannot be

contravened by a private agreement.

316
THE CIVIL CODE [T. 3, § 2865 2836. One must so use his own rights as not to infringe upon the

rights of another.

2837. He who consents to an act is not wronged by it. 2838. Acquiescence in error takes away the right of objecting to it. 2839. No one can take advantage of his own wronor. 2840. He who has fraudulently dispossessed himself of a thing

may be treated as if he still had possession.

2841. He who can and does not forbid that which is done on his

behalf is deemed to have bidden it. 2842. No one should suffer by the act of another.

2843. He who takes the benefit must bear the burden.

2844. One who grants a thing is presumed to grant also whatever

is essential to its use. 2845. For every wrong there is a remedy.

2846. Between those who are equally in the right or equally in

the wrong, the laAv does not interpose.

2847. Between rights otherwise equal, the earliest is preferred.

2848. No man is responsible for that which no man can control.

2849. The law helps the vigilant before those who sleep on their

rights.

2850. The law respects form less than substance.

2851. That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, per- formance is due.

2852. That which does not appear to exist is to be regarded as if

it did not exist. 2853. The law never requires impossibilities.

2854. The law neither does nor requires idle acts. 2855. The law disregards trifles. 2856. Particular expressions qualify those which are general.

2857. Contemporaneous exposition is in general the best. 2858. The greater contains the less. 2859. Superfluity does not vitiate. 2860. That is certain which can be made certain.

2861. Time does not confirm a void act. 2862. The incident follows the jDrincipal, and not the principal

the incident.

2863. An interpretation which gives effect is preferred to one which makes void.

2864. Interpretation must be reasonable.

2865. Where one of two innocent persons must suffer by the act of

a third, he by whose negligence it happened, must be the sufferer. 317

THE CODE OF CIVIL PROCEDURE [T. 4, § 4

TITLE 4.—THE CODE OF CIVIL PROCEDURE

Ch Sec. Preliminary provisions - 1 General provisions respecting courts of

justice.. 21 Attorneys and counselors at law 41 Form of civil actions 71 Time of commencing civil actions 81 Parties to civil actions... 121 Place of trial of civil actions 151 Manner of commencing civil actions 161 Pleadings in civil actions 191 Provisional remedies in civil actions 291

Trial and judgment in civil actions 411 Execution of judgment in civil actions 581 Actions in particular cases 641 Proceedings in magistrates' courts. 681 Appeals in civil actions 861 Miscellaneous provisions 901 Fees; costs and security for costs in the

district and magistrates' courts 981 Writs of review, mandate and prohibition 1031 Summary proceedings 1101 Contempts 1161 Escheat of property 1181 Change of names 1191 Jurisdiction of district court over estates of decedents 1201

Ch. Sec.

24. Probate of wills 1211

25. Executors and administrators, their let- ters, bonds, removals, and suspensions. 1281

26. Inventory and collection of effects of de- cedents .- 1431

27. Provision for the support of the family 1461

28. Claims against estate 1471

29. Sales and conveyances of property of de- cedents 1501

30. Powers and duties of executors and administrators, and management of estates 1521

31. Conveyance of real estate and transfer of

personal property by executors and administrators in certain cases 1541

32. Accounts rendered by executors and administrators, and payment of debts 1581

33. Partition, distribution and final settle- ment of estates 1611

34. Orders, decrees, process, minutes, records and trials in probate proceedings 1681

35. Public administrator 1701

36. Guardian and ward 1721

37. Estates of missing persons 1831

38. Evidence 1841 CHAPTER 1.—PRELIMINARY PROVISIONS

Sec.

1.2

s;

4.

5.

6.7.

8.

9. 10.

Name of this title. When this title takes efifect. Not retroactive. Kule of construction of this title. Holidays.

Computation of time. Words and phrases. Certain terms used in this title defined. Division of judicial remedies. Action defined.

Sec.

11. Special proceedings defined.

12. Civil actions arise out of obligations or

injuries.

1.3. Obligation defined.

14. Division of injuries.

15. Injuries to property.

16. Injuries to the person.

17. Civil action, by whom prosecuted.

18. Civil and criminal remedies not merged.

Section 1. Name of this title.—This title shall be known as the

Code of Civil Procedure of the Canal Zone. (Feb. 27, 1933, ch. 127,

47 Stat. 908.)

Note.—The Code of Civil Procedure of the Canal Zone, which comprises title 4 of the Canal Zone Code, was derived from the Act of February 27, 1933, above

cited. That act was entitled "An act to provide a new Code of Civil Procedure

for the Canal Zone and to repeal the existing Code of Civil Procedure."

2. When this title takes effect.—The code embodied in this title shall be effective as of October 1, 1933.

3. Not retroactive.—No part of it is retroactive unless expressly

so declared.

4. Rule of construction of this title.—The rule of the common

law, that statutes in derogation thereof are to be strictly construed,

has no application to this title. The title establishes the law of

the Canal Zone respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed

with a view to effect its objects and to promote justice.

Cross-reference

Rules for construction of statutes, see sections 1876, 1877, and 1884 of this

title.

319
T. 4, §5] THE CODE OF CIVIL PROCEDURE ,

5. Holidays.—Holidays within the meaning of this title are every

Sunday and such other days as are enumerated as holidays in section 7 of title 3. 6. Computation of time.—The time in which any act provided by

law is to be done is computed by excluding the first day and including

the last, unless the last day is a holiday, and then it is also excluded.

7. Words and phrases.—Words and phrases are construed according to the context and the approved usage of the language; but

technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the

section next following, are to be construed according to such peculiar

and appropriate meaning or definition. CROSS-REFEKENOES Construction of technical words, see section 1879 of this title ; and title 3, section 911. Words to be understood in their usual sense, see title 3, section 910. Written words control printed, see section 1S80 of this title. Words of a writing construed in their general acceptation, see section 1879

of this title.

8. Certain terms used in this title defined.—Words used in this

title in the present tense include the future as well as the present;

words used in the masculine gender include the feminine and neuter

the singular number includes the plural, and the plural the singular; the word " person " includes a corporation as well as a natural

person; writing includes printing and tj'^pewriting ; oath includes

affirmation or declaration ; and every mode of oral statement, under

oath or affirmation, is embraced by the term " testify ", and every

written one in the term " depose " ; signature or subscription in- cludes mark, when the person cannot write, his name being written near it by a person who writes his own name as a witness: Provided,

That when a signature is by mark it must, in order that the same may be acknowledged or may serve as the signature to any svvorn statement, be witnessed by two persons who must subscribe their

own names as witnesses thereto.

The following words have in this title the signification attached

to them in this section, unless otherwise apparent from the context:

1. The word " property " includes both real and personal ])roperty

2. The words " real property " are coextensive with lands, tene- ments, and hereditaments

3. The words " personal property " include money, goods, chattels, things in action, and evidences of debt;

4. The word " month " means a calendar month, unless otherwise

expressed

5. The word "will" includes codicil;

6. The word " writ " signifies an order or precept in writing, issued

in the name of the people, or of a court or judicial officer; and the

word " process " a writ or summons issued in the course of judicial

proceedings

7. The word " State ", when applied to the different parts of the

United States, includes the District of Columbia and the Territories

320
THE CODE OF CIVIL PROCEDURE [T. 4, § 17 and the words " United States " may include the District and

Territories

8. The word " affinity ", when applied to the marriage relation,

signifies the connection existing in consequence of marriage between

(nich of the married persons and the blood relatives of the other.

Cross-reference

Words and phrases defined, see also title 3, section 12.

9. Division of judicial remedies.—Judicial remedies are divided

into two classes

1. Actions; and

2. Special proceedings.

10. Action defined.—An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the en- forcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.

11. Special proceeding defined.—Every other remedy is a special

proceeding.

Ckoss-Refeeence

Special proceedings of a civil nature, see sections 1031 et seq., of this title.

12. Civil actions arise out of obligations or injuries.—A civil action arises out of

1. An obligation;

2. An injury.

13. Obligation defined.—An obligation is a legal duty, by which

one person is bound to do or not to do a certain thing, and ariser

from

1. Contract; or

2. Operation of law.

Cross-Reference

Obligation, what, see title 3, sections 661 and 662.

14. Division of injuries.—An injury is of two kinds—

1. To the person; and

2. To property.

15. Injuries to property.—An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destrojdng it. 16. Injuries to the person.—Every other injury is an injury to the person.

17. Civil action, by whom prosecuted.—A civil action is prosecuted by one party against another for the enforcement or protection

of a right, or the redress or prevention of a wrong.

Ceoss-Reteeence Forms of action, see section 71 of this title.

321
T. 4, §18] THE CODE OF CIVIL PROCEDURE

18. Civil and criminal remedies not merged.—"When the violation of a right admits of both a civil and criminal remedy, the right

to prosecute the one is not merged in the other.

CHAPTER 2.—GENERAL PROVISIONS RESPECTING COURTS OF

JUSTICE

Sec. Sec.

21. Sittings, public. 30. Powers of district jud^e.

'2'1. Sittings, wtien private. 31. Powers of judicial oflicers as to con23. Powers respecting conduct of proceed- duct of proceedings.

ings. 32. To punish for contempt.

24. District court to have seal. ".3 To take acknowledgments and affidavits. 25. Same ; to what documents affixed. 34. Proceedings to be in English language.

26. District court dockets. 35. Mean.s to carry jurisdiction into effect. 27. Powers of district judge. 36. Reports prima facie correct statements.

28. Disqualification of judges.

29. No judge or magistrate to have part- ner practicing law. Section 21. Sittings, public.—The sittings of every court of justice shall be public, except as provided in the section next following.

22. Sittings, when private.—In an action for divorce, criminal

conversation, seduction, or breach of promise of marriage, the court may direct the trial of any issue of fact joined therein to be private,

and may exclude all persons except the officers of the court, the parties, their witnesses, and counsel: Provided^ That in any cause the court may, in the exercise of a sound discretion, during the examination of a witness, exclude any or all other witnesses in the cause.

Cross Reference

Exclusion of witnesses, see section 2112 of this title.

23. Powers respecting conduct of proceedings.—Every court

shall have power

1. To preserve and enforce order in its immediate presence

2. To enforce order in the proceedings before it, or before a person

or persons empowered to conduct a judicial investigation under its authority

3. To provide for the orderly conduct of proceedings before it, or

its officers;

4. To compel obedience to its judgments, orders, and process, and

to the orders of a judge out oi court, in an action or proceeding

pending therein;

5. To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected

with a judicial proceeding before it, in every matter appertaining

thereto

6. To compel the attendance of persons to testif}'^ in an action or proceeding pending therein, in the cases and manner provided in

this title;

7. To administer oaths in an action or proceeding pending therein,

and in all other cases where it may be necessary in the exercise of

its powers and duties;

322
THE CODE OF CIVIL PROCEDURE [T. 4, § 2S

8. To amend and control its process and orders so as to make

them conformable to law and justice.

Ceoss-References

AflSrmation iu place of oath, see section 2175 of this title. Administration of oaths, see sections 2171 et seq., of this title. Attendance of witnesses, see sections 2041 et seq., of this title. Contempt, see sections 1161 et seq., of this title. Enlarging time to plead, see section 275 of this title. Ivelieving from judgment, see section 275 of this title. 24. District court to have seal.—The district court shall have a

seal, which shall be kept by the clerk of the court. 25. Same; to what documents aflSxed.—The seal of the district court need not be affixed to any proceeding therein or document,

except

1. To a writ;

2. To the certificate of probate of a will or of the appointment

of an executor, administrator, or guardian

3. To the authentication of a copy of a record or other proceeding

of the court, or of an officer thereof, or of a copy of a document on

file in the office of the clerk. 26. District court dockets.—In addition to such dockets as may

be specially provided for herein, the clerk of the district court, under

the direction of the judge, must cause to be prepared, and shall keep,

such other dockets as may be required for the purposes of said court. 27. Powers of district judge.—The district judge may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, and may, at chambers, hear

and dispose of such orders and writs; and may also, at chambers,

appoint appraisers, receive inventories and accounts to be filed, sus- pend the powers of executors, administrators, or guardians in the

cases allowed by law, grant special letters of administration or guardianship, approve claims and bonds, and direct the issuance from the court of all writs and process necessary in the exercise of their

powers in matters of probate.

Cross-Refeeences

Power of judge out of court, see section 30 of this title ; and title 7, sections

31, 32. Powers in probate matters, see section 1218 of this title. 28. Disqualification of judges.—No judge or magistrate shall sit or act as such in any action or proceeding

1. To which he is a party or in which he is interested

2. When he is related to either party, or to an officer of a cor- poration, which is a party, or to an attorney, counsel, or agent of

either party, by consanguinity or affinit}'^ within the third degree

computed according to the rules of law;

3. When, in the action or proceeding, or in any previous action or proceeding involving any of the same issues, he "has been attorney

or counsel for any party; or when he has given advice to any party

upon any matter involved in the action or proceeding; or when ho

323
T.4, §29] THE CODE OF CIVIL PROCEDURE

has been retained or employed as attorney or counsel for any j)arty

"vvithin two years prior to the commencement of the action of

proceeding;

4. When it appears from the affidavit or affidavits on file that

either party cannot have a fair and impartial trial before the dis- trict jndo;e, about to try the case, by reason of the prejudice or bias

of such judge. The affidavit or affidavits alleging the disqualification of the judge must be filed and served upon the adverse party

or the attorney for such party at least one day before the day set for trial of such action or proceeding; provided, counteraffidavits

may be filed at least one day thereafter, or such further time as the court may extend the time for filing such counteraffidavits, not

exceeding five days, and for this purpose the court may continue the

trial. Cross -Refekences

Disqualification in probate or guardianship proceeding, see section 1401 of

tliis title. Consanguinity and affinity, see title 3, sections G37 et soq. 29. No judge or magistrate to have partner practicing law.—No

judge or magistrate shall have a partner acting as attorney or counsel

in any court of the Canal Zone.

30. Powers of district judge.—The district judge may exercise out of court all the powers expressly conferred upon the judge, as contradistinguished from the court. Cross-Refekences Powers in matters of probate, see section 1218 of this title. Powers of judge at chambers, see section 27 of this title. Power to administer oaths, see sections 23, 31, 33, and 2171 of this title. 31. Powers of judicial officers as to conduct of proceedings.

Every judicial officer shall have power:

1. To preserve and enforce order in his immediate presence, and in

proceedings before him, when he is engaged in the performance of

official duty;

2. To compel obedience to his lawful orders as provided in this

title

3. To compel the attendance of persons to testify in a proceeding

before him, in the cases and manner provided in this title

4. To administer oaths to persons in a proceeding pending before

him, and in all other cases where it may be necessary in the exercise

of his powers and duties.

Cross-References

See also section 23 of this title. Power to administer oaths, see sections 23, 33, and 2171 of this title. 32. To punish for contempt.—For the effectual exercise of the

powers conferred by the next preceding section, a judicial officer may

punish for contempt in the cases provided in this title.

f I Cross-Reference

Contempt, generally, see sections 1161 et seq., of this title.

324
THE CODE OF CIVIL PROCEDURE [T. 4, § 41

33. To take acknowledgments and affidavits.—The district judge

and the magistrates shall have power to take and certify

1. The jDroof and acknowledgment of a conveyance of real property or of any other written instrument;

2. The acknowledgment of satisfaction of a judgment of any

court

3. An affidavit or deposition to be used in the Canal Zone.

Cboss-Rejferences

Proof and acknowledgment of instruments, see title 3, sections 491 et seq. Who may take affidavits, see section 2074 of this title. 34. Proceedings to be in English language.—Every written proceeding in a court of justice in the Canal Zone shall be in the English language, and judicial proceedings shall be conducted and

preserved in no other,

35. Means to carry jurisdiction into elfect.—When jurisdiction

is, by this title, or by any other statute, conferred on a court or

judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this title or the statute,

any suitable process or mode of proceeding may be adopted which

may appear most conformable to the spirit of this title. 36. Reports prima facie correct statements.—The report of the

official reporter, or official reporter pro tempore, of the district court,

duly appointed and sworn, when transcribed and certified as being

a correct transcript of the testimony and proceedings in the case,

is prima facie evidence of such testimony and proceedings.

CHAPTER 3.—ATTORNEYS AND COUNSELORS AT LAW

Sec.

54. Accusation.

55. Verification of accusation.

56. Citation of accused by publication.

57. Appearance.

58. Objections to accusation.

59. Demurrer.

60. Answer.

61. Trial.

62. Reference to take depositions.

63. Judgment.

64. Disqualified attorney as plaintiff. 65. Compensation to be reasonable; co: tract for services.

Sec. 41. Admission to practice.

42. Certificate of admission.

43. Oath.

44. Roll of attorneys.

45. Attorneys on bonds.

46. Who may conduct litigation. 47. Duties.

48. Authority.

49. Change of attorney.

50. Notice of change.

51. Death or removal of attorney.

52. Causes for which court may remove

attorney.

53. Proceedings for removal or suspension.

Section 41. Admission to practice.—1. Any person of good moral

character who has been admitted to practice in the Supreme Court

of the United States, or in the highest court of the District of Columbia, or in the highest court of any State or Territory, may be

admitted, on motion in open court, to practice as an attorney of the

district court.

2, Any person of good moral character who has been admitted to practice in the highest court of any foreign country may be admitted

to practice as an attorney of the district court: Provided, however,

That the requirements for practice in such foreign countries be a preliminary education, in addition to grade and high school educa325
T. 4, §42] THE CODE OF CIVIL PROCEDURE

tion, of at least a two-year law course in an approved law school:

Provided further^ That such person shall have practiced law in the

courts of his own or of a foreign country for a period of three years.

3. Every applicant for admission shall file his application with

the clerk, produce his license and satisfactory evidence that it has

not been revoked, file with the clerk statements of at least three

reputable persons, one of whom must be a member in good standing

of the bar of the district court, attesting to the good moral character

of the applicant; and, if admission is sought under subdivision 2 of

this section, every applicant shall, in addition, furnish satisfactory

evidence as to the requirements for practice in such foreign country

and the applicant's practice for the requisite period. The motion for

admission must be made in open court by a member in good standing

of the bar of the district court. Such person shall upon the filing

of his application pay to the clerk a fee of $15, which fee shall be

accounted for by the clerk as miscellaneous receipts.

4. Any person of good moral character who has attained the age

of twenty-one years may be admitted to the practice of law in the

courts of the Canal Zone by the judge of the district court thereof

upon giving satisfactory evidence that he has a ger^eral education

equivalent to graduation from a high school of the Canal Zone, has

studied law under proper instruction for at least three years, and

has passed an examination in the law to be prescribed and conducted

by the judge of the district court or by a committee of the bar

appointed by him for that purpose. The judge of the district court

is empowered to make rules to establish the qualifications of the

candidates.

42. Certificate of admission.—Upon admission of an applicant to the bar, the district court shall direct an order to be entered to that

effect upon its records, and that a certificate of such admission be

given to him by the clerk of the court, Avhich certificate shall be his

license. 43. Oath.—Before receiving a certificate the appliant shall take

and subscribe in court the following oath

" I, recognize and accept the supreme authority of the

United States of America, in the Canal Zone, and I do swear that I

will obey the existing laws which rule in the Canal Zone, as well as the legal orders and decrees of the duly constituted authorities

therein; that I impose upon myself this voluntary obligation without

any mental reservation or purpose of evasion.

" I do solemnly swear that I will do no falsehood, nor consent

to the doing of any in court; I will not wittingly or willingly promote or sue any false, groundless, or unlawful suit, nor give aid nor

consent to the same; I Avill delay no man for money or malice, but

will conduct myself in the office of a laAvyer within the courts according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients. So help me God."

44. Roll of attorneys.—The clerk of the district court shall keep

a roll of attorneys admitted to practice, which roll must be signed by

the person admitted before he receives his license.

326
TEE CODE OF CIVIL PROCEDURE [T. 4, § 49

45. Attorneys on bonds.—Attorneys will not be accepted as sureties ui^on bonds or recognizances required to be filed in court.

46. Who may conduct litigation.—A person may conduct his liti- gation personally or by the aid of a lawyer, in either the district or

magistrates' courts. 47. Duties.—It is the duty of an attorney and counselor

1. To support the laws of the Canal Zone and the applicable laws

of the United States

2. To maintain the respect due to the courts of justice and judicial

olHcers;

3. To counsel or maintain .such actions, proceedings, or defenses

only as appear to him legal or just, except the defense of a person

charged with a public offense;

4. To employ, for the purpose of maintaining the causes confided

to him, such means only as are consistent with truth, and never seek

to mislead the judge or any judicial officer by an artifice or false statement of fact or law

5. To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client

6. To abstain from all offensive personality, and to advance no

fact prejudicial to the honor or reputation of a party or witness,

unless required by the justice of the cause with which he is charged;

7. Not to encourage either the commencement or the continuance

of an action or proceeding from any corrupt motive of passion or

interest

8. Never to reject, for any consideration personal to himself, the cause of the defenseless or the oppressed.

Cross-References

Privileged communications, see section 1904 of this title. Misconduct in practice of law, see title 5, sections 221 to 223. 48. Authority.—An attorney shall have authority:

1. To bind his client in any of the steps of an action or proceeding

by his agreement filed with the clerk, or entered upon the minutes

of the court, and not otherwise

2. To receive money claimed by his client in an action or proceeding during the pendency thereof, or after judgment, unless a revocation of his authority is filed, and upon the payment thereof,

and not otherwise, to discharge the claim or acknowledge satisfaction

of the judgment.

Cross-References

Instructing marshal what to attach, see section 358 of this title. Requiring marshal to take property in replevin, see section 323 of this title. Right of attorney to subscribe and verify pleading, see section 241 of this title. Satisfaction of judgment by attorney, see section 550 of this title.

49. Change of attorney.—The attorney in an action or special

proceeding may be changed at any time before or after judgment or

final determination, as follows

1. Upon consent of both client and attorney, filed with the clerk, or entered upon the minutes

327
T. 4, §50] THE CODE OF CIVIL PROCEDURE

2. Upon the order of the court, upon the application of either

client or attorney, after notice from one to the other.

50. Notice of change.—When an attorney is changed, as provided

in the next preceding section, written notice of the change and of the

substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party. Until then he must

recognize the former attorney.

51. Death or removal of attorney.—When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action.

for whom he was acting as attorney, must, before any further proceedings are had against him, be required by the adverse party, by

written notice, to appoint another attorney, or to appear in j^erson. 52. Causes for which court may remove attorney.—An attorney

may be removed or suspended by the district court, for any of thi' following causes, arising after his admission to practice

1. His conviction of a felony or misdemeanor involving moral

turpitude, in which case the record of conviction shall be conclusive

evidence

2. Willful disobedience or violation of an order of the district court requiring him to do or forbear an act connected with, or in the

course of his profession, which he ought in good faith to do or

forbear, and any violation of the oath taken by him, or of his duties

as such attorney and counselor;

3. Corruptly or willfully and without authority appearing as attorney for a party to an action or proceeding

4. Lending his name to be used as attorney and counselor by

another person who is not an attorney and counselor

5. For the commission of any act involving moral turpitude,

dishonesty, or corruption, whether the same be committed in the course of his relations as an attorney or counselor at law, or otherwise, and whether the same shall constitute a felony or misdemeanor

or not; and in the event that such act shall constitute a felony or misdemeanor, conviction thereof in a criminal proceeding shall not

be a condition precedent to disbarment or suspension from practice

therefor.

Ckoss-Reifeeencb

Right of attorney to make defense, see sections 56 et seq., of this title. 53. Proceedings for removal or suspension.—The proceedings to remove or suspend an attorney and counselor, under subdivision

1 of the next preceding section, must be taken by the district court on the receipt of a certified copy of the record of conviction. The

proceedings under any of the other subdivisions of that section may

be taken by the court for the matters within its knowledge, or may be taken upon the information of another.

54. Accusation.—If the proceedings are upon the information of

another, the accusation must be in writing.

55. Verification of accusation.—The accusation must state the

matters charged, and be verified by the oath of some person, to the

effect that the charges therein contained are true, which verification

328
THE CODE OF CIVIL PROCEDURE [T. 4, § 63 may be made upon information and belief when the accusation is presented by an org-anized bar association.

56. Citation of accused by publication.—Upon receiving the ac- cusation, the district court shall make an order requiring the accused

to appear and answer it at a specilled time, and shall cause a copy

of the order and of the accusation to be served upon the accused at

least five days before the day appointed in the order. If it shall

appear by affidavit to the satisfaction of the court or judge that the

accused resides out of the Canal Zone; or has departed from the

Canal Zone; or cannot, after due diligence, be found within the

Canal Zone ; or conceals himself to avoid the service of the order to show cause, the court or judge may direct the service of a citation

to the accused, requiring him to appear and ansAver the accusation,

to be made hy publication in a newspaper of general circulation in

the Canal Zone for thirty days. Such citation must be directed to the accused, recite the date of the filing of the accusation, the name

of the accuser, and the general nature or the charges against him, and

require him to appear and answer the accusation at a specified time.

On proof of the publication of the citation as herein required the court shall have jurisdiction to proceed to hear the accusation and

render judgment with like effect as if an order to show cause and a copy of the accusation had been personally served on the accused.

57. Appearance.—The accused must appear at the time appointed

in the order, and answer the accusation, unless, for sufficient cause, the court assign another day for that purpose. If he do not appear,

the court may proceed and determine the accusation in his absence.

58. Objections to accusation.—The accused may answer to the

accusation either by objecting to its sufficiency or denying it. 59. Demurrer.—If he objects to the sufficiency of the accusation,

the objection must be in writing, but need not be in any specific form,

it being sufficient if it presents intelligibly the grounds of the objection. If he deny the accusation, the denial may be oral and without

oath, and must be entered upon the minutes.

60. Answer.—If an objection to the sufficiency of the accusation

be not sustained, the accused must answer within such time as may

be designated by the court. 61. Trial.—If the accmsed plead guilty, or refuse to answer the

accusation, the court shall proceed to judgment of removal or sus- pension. If he deny the matters charged, the court shall, at such

time as it may appoint, proceed to try the accusation.

62. Reference to take depositions.—The court may, in its discretion, order a reference to a committee to take depositions in the matter.

63. Judgment.—Upon the receipt of a certified copy of the record

of conviction of an attorney of a crime involving moral turpitude,

the district court must suspend the attorney until judgment in the

case has become final. When a judgment of conviction in such case has become final the court shall order the attorney permanently

disbarred. When the attorney has been found guilty of the charges

93083—34 22 329
T. 4, § 64] THE CODE OF CIVIL PROCEDURE

made in proceedings not based upon a record of conviction, judgment shall be rendered disbarring the attorney either permanently

or for a limited time, according to the gravity of the offense charged.

During such suspension or disbarment the attorney shall be precluded

from practicing as an attorney at law or as an attorney or agent

of another in and before all courts, commissions, and tribunals in the Canal Zone, and from practicing as attorney or counselor at law

in any manner and from holding himself out to the public as an

attorney or counselor at law. When permanently disbarred his name

shall be stricken from the roll of attorneys and counselors.

64. Disqualified attorney as plaintiff.—No person who has been an attorney and counselor shall, while a judgment of disbarment

or suspension is in force, appear on his own behalf as plaintiff in

the prosecution of aii}^ action where the subject of said action has

been assigned to him subsequent to the entry of the judgment of

disbarment or suspension.

65. Compensation to be reasonable; contract for services.—An

attorney shall be entitled to have and recover from his client no more than a reasonable compensation for the services rendered, having in view the importance of the subject matter of the controversy,

the extent of the services rendered, and the professional standing of

the attorney. But in such cases the court shall not be bound by the

opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount of recovery if found by the court not to be

unconscionable or unreasonable.

CHAPTER 4.—FORM OF CIVIL ACTIONS

Sec. I Sec.

71. One form of civil action only. 73. Special issues not made by pleadings,

72. Parties to actions, how designated. ' how tried. Section 71. One form of civil action only.—There is in the Canal

Zone but one form of civil action for the enforcement or protection

of private rights and the redress or prevention of private wrongs.

Cross-references

Action is commenced by filing complaint, see section 161 of this title. Law and equity jurisdiction need not be separately exercised, see title 7, section 24. 72. Parties to actions, how designated.—In such action the party

complaining is known as the plaintiff, and the adverse party as the

defendant.

73. Special issues not made by pleadings, how tried.—A question

of fact not j)ut in issue by the pleadings may be tried by the district court or a jury therein, upon an order for the trial, stating distinctly

and jDlainly the question of fact to be tried; and such order is the

only authority necessary for a trial. Ceoss-Rejfeeence

Issues, by whom triable, see sections 434 and 435 of this title. 330
THE CODE OF CIVIL PROCEDURE [T. 4, § sr, CHAPTER 5.—TIME OF COMMENCING CIVIL ACTIONS

1. Time of commencing actions in general

ARTICLE 1.

Sec. , Art, Sec.

2. General provisions as to time of 81 I commencing actions 101 TIME OF COMMENCING ACTIONS IN GENERAL

Sec. 88. Actions for relief not hereinbefore pro- vided for. 89. Where cause of action accrues on

mutual account.

90. No limitation to certain actions ; not

applicable to insolvent banks, etc.

Sec.

81. Commencement of civil actions.

82. Periods of limitation prescribed.

83. Within five years.

84. Within four years.

85. Withiu three years.

8G. Within two years.

87. Within one year. Section 81. Commencement of civil actions.—Civil actions, with- out exception, can only be commenced within the periods prescribed

in this chapter, after the cause of action shall have accrued, unless

where, in special cases, a different limitation is prescribed by statute. CBOSS-REaT.RBNCB

Actions for wrongful death must be brought within one year, see section 131

of this title. 82. Periods of limitation prescribed.

The periods prescribed for

the commencement of actions are as follows

83. Within five years.—Within five years:

1. xln action upon a judgment or decree of any court of the United

States or of any State within the United States.

2. An action for mesne profits of real property.

Cboss-References

Claim to escheated estate, see section 1184 of this title. Foreign statutes of limitation, see section 111 of this title. 84. Within four years.—Within four years:

1. An action upon any contract, obligation or liability founded

upon an instrument in writing.

2. An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated; (3) a balance

due upon a mutual, open and current account: Provided, however^

That where an account stated is based upon an account of one item,

the time shall begin to run from the date of said item, and where an

account stated is based upon an account of more than one item, the

time shall begin to run from the date of the last item.

Cboss-Refekences

Action upon mutual, open and current account, see section 89 of this title. Four-year limitation in absence of other provision, see section 88 of this title. 85. Within three years.—Within three years:

1. An action upon a liability created by statute, other than a penalty or forfeiture.

2. An action for trespass upon or injury to real property.

3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.

3.31
T.4, §86] THE CODE OF CIVIL PROCEDURE

4. An action for relief on the ground of fraud or mistake. The

cause of action in such case not to be deemed to have accrued until

the discovery, by the aggrieved party, of the facts constituting the

fraud or mistake.

Ceoss-Refebences

statutory penalty, see section 87 of this title. Action upon guardian's bond, see sections 1816 and 1817 of this title.

86. Within two years.—Within two years:

1. An action upon a contract, obligation, or liability not founded

upon an instrument of writing, other than that mentioned in subdivision 2 of section 84 of this title; or an action founded upon a contract, obligation, or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insur- ance : Provided^ That the cause of action upon a contract, obligation, or liability, evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to

ha,ve accrued until the discovery of the loss or damage suffered by the

aggrieved party thereunder.

2. An action against a marshal, coroner, or constable upon a lia- bility incurred by the doing of an act in his official capacity and in

virtue of his office, or by the omission of an official dut}^ including the

nonpayment of money collected upon an execution. But this subdivision does not apply to an action for an escape. Cross-Refebence

Mutual account, see sections 89 of this title. 87. Within one year.—Within one year:

1. An action upon a statute for a penalty or forfeiture, when the

action is given to an individual, or to an individual and the Government, except when the statute imposing it prescribes a different

limitation.

2. An action upon a statute, or upon an undertaking in a criminal

action, for a forfeiture or penalty to the Government of the Canal

Zone.

3. An action for libel, slander, assault, battery, false imprisonment, seduction, or for injury to or for the death of one caused by

the wrongful act or neglect of another, or by a depositor against a bank for the payment of a forged or raised check.

4. An action against the marshal or other officer for the escape of a prisoner arrested or imprisoned on civil process. Ceoss-Reference

Provision where person entitled dies before limitation expires, see sections 104 and 106 of this title. 88. Actions for relief not hereinbefore provided for.—An action

for relief not liereinbefore [jrovided for niust be commenced within

four years after the cause of action shall have accrued.

Ceoss-References

Actions include special proceedings, see section 113 of this title. Appeal, after reversal on, see section 106 of this title.

332
THE CODE OF CIVIL PROCEDURE [T. 4, § 102 Bank deposits, no limitation, see section 90 of this title. Decedent's representatives, actions by or against, see section 104 of this

title. Estates of decedents, action on rejected claim, see section 1479 of this title. Lien, extinguishment of by limitation, see title 3, section 2223. Nuisance, time does not legalize, see title 3, section 2S11. Nuncupative will, proof of, see title 3, section 537. 89. Where cause of action accrues on mutual account.—In an

action brought to recover a balance clue upon a mutual, open, and

current account, where there have been reciprocal demands between

the parties, the cause of action is deemed to have accrued from the

time of the last item proved in the account on either side. Cross-Refeeencb

Action upon mutual, open and current account, see section 84 of this title. 90. No limitation to certain actions; not applicable to insolvent

banks, etc.—To actions brought to recover money or other property

deposited with any bank, banker, trust company, building and loan

association, or savings and loan society there is no limitation.

This section shall not apply to banks, bankers, trust companies,

building and loan associations, and savings and loan societies which

have become insolvent and are in process of liquidation and in such

cases the statute of limitations shall be deemed to have commenced

to run from the beginning of the process of liquidation: Provided^

horcever^ That nothing herein contained shall be construed so as to

relieve any stockholder of any banking corporation or trust company

from stockholder's liability as shall, at any time, be provided by law.

ARTICLE 2.- -GENERAL PROVISIONS AS TO TIME OP COMMENCING

ACTIONS

Sec. 101. When an action is commenced.

102. Exception, where defendant is out of Canal Zone.

103. Exceptions, as to persons under disabilities. 104. Provision where person entitled dies before limitation expires. 105. In suits by aliens, time of war to be

deducted.

106. Provision where judgment has been

reversed.

107. Provision where action is stayed by

injunction.

Sec. 108. Disability must exist when right of action accrued.

109. When two or more disabilities exist,

etc. 110. Acknowledgment or new promise must

be in writing.

111. Limitation laws of States or foreign

countries, effect of. 112. Existing causes of action not affected. 113. "Action " includes a special proceeding.

101. When an action is commenced.—An action is commenced,

within the meaning of this chapter, when the complaint is filed.

Cross-Referencb

Action is commenced by filing complaint, see section 161 of this title. 102. Exception, where defendant is out of Canal Zone.—If, when

the cause of action accrues against a person, he is out of the Canal

Zone, the action may be commenced within the term herein limited,

after his return to the Zone, and if, after the cause of action accrues, he departs from the Zone, the time of his absence is not part of the

time limited for the commencement of the action.

333
T.4, §103] TEE CODE OF CIVIL PROCEDURE

103. Exception, as to persons under disabilities.—If a person

"Tititled to bring an action, mentioned infections 81 to 90 of this

Itle, be, at the time the cause of action accrued, either:

1. Under the age of majority; or

2. Insane; or

3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than for life ; or

4. A married woman, and her husband be a necessary party with

her in commencing such action

The time of such disability is not a part of the time limited for

the commencement of the action.

Cross-reference

Disability affecting right to sue on guardian's bond, see sections 1816 and

817 of this title. 104. Provision where person entitled dies before limitation expires.—If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause

of action survive, an action may be commenced by his representatives, after the expiration of that time, and within six months from

his death. If a person against whom an action may be brought die

before the expiration of the time limited for the commencement

thereof, and the cause of action survive, an action may be commenced

against his representatives, after the expiration of that time, and

within one year after the issuing of letters testamentary or of

administration.

Cross-Reifere:nces Death pending action, see section 106 of this title. Substitution of parties, see section 141 of tliis title. Survival of actions, see sections 141, 1522 and 1524 of this title. Action includes special proceeding, see section 113 of this title. 105. In suits by aliens, time of war to be deducted.—When a per- son is an alien subject, or citizen of a country at war with tlie United

States, the time of the continuance of the war is not part of the

period limited for the commencement of the action.

106. Provision where judgment has been reversed.—If an action

is commenced within the time prescribed therefor, and a judgment

therein for the plaintiff be reversed on appeal, the plaintiil, or if he

die and the cause of action survive, his representatives, may com- mence a new action within one year after the reversal. 107. Provision where action is stayed by injunction.—When the

commencement of an action is stayed b}^ injunction or statutory prohibition, the time of the continuance of the injunction or prohibition

is not part of the time limited for the commencement of the action.

108. Disability must exist when right of action accrued.—No

person can avail himself of a disability, unless it existed when his right of action accrued,

109. When two or more disabilities exist, etc.—When two or more disabilities coexist at the time the right of action accrues, the

limitation does not attach until they are removed.
TEE CODE OF CIVIL PROCEDURE [T. 4, § 121

110. Acknowledgment or new promise must be in writing.—No

acknowledgment or promise is sulKcient evidence of a new or con- tinuing contract, by which to take the case out of the operation of

this chapter, unless the same is contained in some writing, signed

by the party to be charged thereby.

Ckoss-Reference

Partner in liquidation cannot revive debt, see title 3, section 1805. 111. Limitation laws of States or foreign countries, effect of.—

When a cause of action has arisen in a State of the United States, or

in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of

time, an action thereon shall not be maintained against him in the

Canal Zone, except in favor of one who has been a resident of the

Zone, and who has held the cause of action from the time it accrued.

112. Existing causes of action not affected.—This chapter does

not extend to actions already commenced, nor to cases wdiere the time

prescribed in any existing statute for acquiring a right or barring

a remedy has fully run, but the laws now in force are applicable to such actions and cases, and are repealed subject to the provisions of

this section.

113. "Action " includes a special proceeding.—The word " ac- tion " as used in this chapter is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. CHAPTER 6.—PARTIES TO CIVIL ACTIONS

Sec. 121. Civil actions or special proceedings be- tween nonresidents.

122. Action to be in name of party in

interest. 123. Assignment of tiling in action not to prejudice defense.

124. Executor, trustee, etc., may sue without joining the persons beneficially interested.

125. iMarried women as parties to actions.

126. Wife may defend, when.

127. Appearance of infant, etc., by guardian ; may compromise.

128. Guardian, how appointed.

129. Unmarried female may sue for her own seduction.

130. Fathers, etc., may sue for seduction

of daughter, etc. 131. Actions for wrongful death.

132. Who may be joined as plaintiffs. 133. Who may be joined as defendants.

134. Same.

135. Order preventing embarrassment.

136. Doubt as to defendant liable.

Sec. 137. Parties defendant in an action to de- termine conflicting claims to real property.

138. Parties in interest, when to be

joined ; when one or more may sue

or defend for the whole.

139. Plaintiff may sue in one action the

different parties to commercial

paper or insurance policies. 140. Tenants in common, etc., may sever

in bringing or defending actions.

141. Action, when not to abate by death, marriage, or other disability ; pro- ceedings in such case. 142. Another persun may be substituted for the defendant ; conflicting claims, how made.

143. Intervention, when it takes place, and how made.

144. Associates may be sued by name of association.

145. Court, when to decide controversy or

to order other parties to be brought

Section 121. Civil actions or special proceedings between nonresidents.—No civil action or special proceedings shall be brought or proceeded with in the courts of the Canal Zone, in an}' case in which

both of the parties, plaintiff and defendant, are alien nonresidents

of the Canal Zone, and the cause of action is one which arose without

the territorial limits of the Canal Zone, and the party proceeded

against has no property within said territorial limits, subject to the

jurisdiction of the Canal Zone courts.

335
T.4, §122] TEE CODE OF CIVIL PROCEDURE

Neither shall any civil action or special proceeding be brought or proceeded with in the courts of the Canal Zone when both parties,

plaintiff and defendant, though citizens of the United States, are found transiently within the limits of the Canal Zone, unless the cause of action is one arising within the said territorial limits, or

the party proceeded against has property within the said limits, subject to the jurisdiction of the Canal Zone courts. This section shall not be construed to exclude from the jurisdiction of the Canal Zone courts cases between parties who have an

official or business residence within the territorial limits of the Canal

Zone Government, or who reside therein for the purpose of any

occupation or employment, notwithstanding that they may not have

acquired a permanent residence within said territorial limits. 122. Action to be in name of party in interest.—Every action

must be prosecuted in the name of the real party in interest. Cboss-Rkfeeexces

Association, how may be sued, see section 144 of tliis title. Executor or trustee may sue without joining beneficiary, see section 124 of

this title. Right to sue on contract made for one's benefit, see title 3, section 814. Joinder of persons interested, see sections 132 and 138 of this title.

123. Assignment of thing in action not to prejudice defense.—

In the case of an assignment of a thing in action, the action by the

assignee is without prejudice to any set-off, or other defense existing

at the time of, or before, notice of the assignment; but this section

does not apply to a negotiable promissory note or bill of exchange,

transferred in good faith, and upon good consideration, before

maturity.

Ceoss-Refebences

Assignment of chose in action, see title 3, section 372. Assignment and survival of causes of action, see sections 1522 et seq., of this

title. Proceedings on transfer of interest pending action, see section 141 of this title. Thing in action defined, see title 3, section 371. 124. Executor, trustee, etc., may sue without joining the per- sons beneficially interested.—An executor or administrator, or

trustee of an express trust, or a person expressly authorized by stat- ute, may sue without joining with him the persons for whose benefit

the action is prosecuted. A person with whom, or in whose name, a contract is made for the benefit of another, is a trustee of an express

trust, within the meaning of this section. CeOSS-ReFE»ENCES

Actions by executors and administrators, see also sections 1440, 1521 to 1523, 1526 and 1529 of this title. Contract for benefit of third person may be enforced, see title 3, section 814.*

12.5. Married women as parties to actions.—A married woman

may be sued without her husband being joined as a party, and may

sue without her husband being joined as a party in all actions, includil

836
THE CODE OF CIVIL PROCEDURE [T. 4, § 129

ing those for injury to her person, libel, slander, false imprisonment,

or malicious prosecution, or for the recovery of her earnings.

Cross-reference

Contracts of married women generally, see title 3, section 134.

126. Wife may defend, when.—If a husband and wife be sued

together, the wife may defend for her own right, and if the husband

neglect to defend, she may defend for his right also. 127. Appearance of infant, etc., by guardian; may compromise.—When an infant, or an insane or incompetent person is a

party, he must appear either by his general guardian or by a guardian ad litem appointed by the court in which the action is pending,

in each case. A guardian ad litem may be appointed in any case, when it is deemed by the court in Avhich the action or proceeding is prosecuted, or by a judge thereof, expedient to represent the infant,

insane, or incompetent person in the action or proceeding, notwithstanding he may have a general guardian and may have appeared by

him. The general guardian or guardian ad litem so appearing for

any infant, or insane or incompetent person in any suit shall have

power to compromise the same and to agree to the judgment to be

entered therein for or against his ward, subject to the approval of

the court in which such suit is pending.

Cross-Refesences

Rights and liabilities of minors and persons of unsound mind, see title 3, sections 25 et seq. Guardian and ward, see sections 1721 et seq., of this title ; and title 3, sections 201 et seq. Appearance bj' guardian in magistrate's court, see section GG5 of this title. 128. Guardian, how appointed.—When a guardian ad litem is appointed by the court, he must be appointed as follows

1. When the infant is plaintiff, upon the application of the infant,

if he be of the age of fourteen years, or if under that age, upon

the application of a relative or friend of the infant.

2. When the infant is defendant, upon the application of the

infant, if he be of the age of fourteen years and apply within ten days after the service of the summons, or if under that age, or if he

neglect so to apply, then upon the application of a relative or friend

of the infant, or of any other party to the action.

3. When an insane or incompetent person is a party to an action

or proceeding, upon the application of a relative or friend of such

insane or incompetent person, or of any other party to the action

or proceeding.

Cboss-Refeeetnces Guardian at litem, see also section 695 of this title. Guardian to coiidiict action by ward, see title 3, section 34. Guardians, appointment of, see sections 1721 et seq., of this title.

129. Unmarried female may sue for her own seduction.—An un- married female may prosecute, as plaintiff^ an action for her OAvn

337
T.4, §130] THE CODE OF CIVIL PROCEDURE

seduction, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor.

Ckoss-Refekences

Exemplary damages, see title 3, section 2641. Damages for seduction, see title 3, section 2665. Trial for seduction may be private, see section 22 of this title 130. Father, etc., may sue for seduction of daughter, etc.—

father, or, .in case of his death or desertion of his family, the mother,

may prosecute as plaintiff for the seduction of the daughter, and the

guardian for the seduction of the ward, though the daughter or ward be not living with or in the service of the plaintiff at the time

of the seduction or afterwards, and there be no loss of service.

Ckoss-Refekences

Guardian ad litem, see sections 127 and 128 of tliis title. Action may be private, see section 22 of this title. 131. Actions for wrongful death.—1. Whenever by any injury

done or happening within the Canal Zone the death of a person

shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have

entitled the party injured (or, in the case of a married woman, have

entitled her or her husband, either individually or jointly) to maintain an action and recover damages in respect thereof, the individual

who or corporation, company, or association which would have been

liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the person injured, and even though the death shall have been caused under such circumstances

as amount in law to a felony.

2. Every action under this section shall be brought by and in the name of the personal representatives and within one jear after the

death of such deceased person.

3. No action shall be maintained under this section if the person

suffering injury and death, or any person for him, has recovered

damages on account of such injury.

4. In an action under this section the court or jury shall award

such damages as it shall deem to be a fair and just compensation

assessed with reference to the pecuniary injury, resulting from such

death, to the surviving spouse and the children of the deceased, and

if there is neither a surviving spouse nor child, then to the parents of

the deceased, and if there is no parent, then to the brothers and sisters and other blood relatives dependent upon the deceased for support.

5. Damages recovered in an action under this section shall be for

the exclusive benefit of the surviving spouse and other persons enu- merated in subdivision 4, and shall be distributed to them, in the

order named in such subdivision, according to the laws in force in

the Canal Zone applicable to the distribution of estates.

6. In no case shall recovery under this section exceed the sum of

$10,000.

7. This section shall not be construed as authorizing a suit against

the United States nor as modifying or repealing any other law.

338

I
THE CODE OF CIVIL PROCEDURE [T. 4, § 137

(Dec. 29, 1926, ch. 19, sec. 7, 44 Stat. 927; Feb. 27, 1933, ch. 127,

sec. 96, 47 Stat. 920.)

Cross-Reference

Death on high seas by wrongful act, see U.S. Code, title 46, sections 761 to 768 (appendix, p. 95>6). 132. Who may be joined as plaintiffs.—All persons having an

interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except when otherwise provided in this chapter.

Cross-Refeeences

Special partners, see title 3, section 1824. Other parties, bringing in, see section 145 of this title. Misjoinder and nonjoinder of plaintiffs, see section 211 of this title. Necessary parties, see section 138 of this title. 133. Who may be joined as defendants.—Any person may be

made a defendant who has or claims an interest in the controversy

adverse to the plaintiff, or who is a necessary party to a complete

determination or settlement of the question involved therein. And

in an action to determine the title or right of possession to real property which, at the time of the commencement of the action, is in the

possession of a tenant, the landlord may be joined as a party

defendant.

Ckoss-References

Parties to foreclosure, see section 641 of this title. Associates suing by common name, see section 144 of this title. Executors, unqualified, need not be joined, see section 1527 of this title. Fresh parties, bringing in, see section 145 of this title. Service on one defendant out of several, effect of, see section 167 of this title. 134. Same.—All persons may be joined as defendants against

whom the right to any relief is alleged to exist, whether jointly,

severally, or in the alternative; and judgments may be given against

such one or more of the defendants as may be found to be liable,

according to their respective liabilities. 135. Order preventing embarrassment.—It shall not be neces- sary that each defendant shall be interested as to all relief prayed

for, or as to every cause of action included in any proceeding against

him; but the court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by

being required to attend any proceedings in which he may have no

interest. 136. Doubt as to defendant liable.—Where the plaintiff is in

doubt as to the person from whom he is entitled to redress, he may

join two or more defendants, with the intent that the question as to which, if any, of the defendants is liable, and to what extent, may

1 be determined between the parties. ^ 137. Parties defendant in an action to determine conflicting

claims to real property.—In an action brought by a person out of

possession of real property, to determine an adverse claim of an

interest or estate therein, the person making such adverse claim and

339
T.4, §138] THE CODE OF CIVIL PROCEDURE

persons in possession may be joined as defendants, and if the judgment be for the j)Iaintiff, lie may have a writ for the possession of the

premises, as against the defendants in the action, against whom the

judgment has passed.

Ckoss-Refetuences

Actions to quiet title, see section 661 of this title. Writ of possession, see section 583 of this title. Fresh parties, bringing in, see section 145 of this title. Nonjoinder or misjoinder of parties, see section 211 of this title. 138. Parties in interest, when to be joined; when one or more

may sue or defend for the whole.—Of the parties to the action,

those who are united in interest must be joined as phiintiffs or defendants; but if the consent of any one who should have been joined as

plaintiif cannot be obtained, he may be made a defendant, the reason

thereof being stated in the complaint; and when the question is one

of a common or general interest, of man}"- persons, or when the parties are numerous, and it is impracticable to bring them all before the

court, one or more may sue or defend for the benefit of all. Ceoss-Refeeences

Joinder, misjoinder, nonjoinder, see section 211 of this title. Executors, etc., not qualified, need not be joined, see section 1527 of this title. 139. Plaintiff may sue in one action the different parties to commercial paper or insurance policies.—Persons severally liable upon

the same obligation or instrument, including the parties to bills of

exchange and promissory notes, and sureties on the same or separate

instruments, may all or any of them be included in the same action,

at the option of the plaintiff; and all or any of them join as plaintiffs

in the same action, concerning or affecting the obligation or instrument upon which they are severally liable. Where the same person

is insured by two or more insurers separately in respect to the same

subject and interest, such person, or the payee under the policies, or

the assignee of the cause of action, or other successor in interest of

such assured or payee, may join all or any of such insurers in a single

action for the recovery of a loss under the several policies, and in case of judgment a several judgment must be rendered against each

of such insurers according as his liability shall appear.

Cross-Refejjencei

Judgment for or against one or more of several parties, see sections 167, 412, and 413 of this title. 140. Tenants in common, etc., may sever in bringing or defending actions.—All persons holding as tenants in common, joint tenants, or coparceners, or any number loss than all, may jointly oi" severally commence or defend any civil action or proceeding for the

enforcement or protection of the rights of such party.

141. Action, when not to abate by death, marriage, or other dis- ability; proceedings in such case.—An action or proceeding does

not abate by the death, or any disability of a party, or by the transfer

of any interest therein, if the cause of action survive or continue. In

840

III
THE CODE OF CIVIL PROCEDURE [T. 4, § 143

case of the death or any disability of a party, the court, on motion,

may allow the action or proceeding to be continued by or against his

representative or successor in interest. In case of any other transfer

of interest, the action or proceeding may be continued in the name

of the original party, or the court may allow the person to whom the

transfer is made to be substituted in the action or proceeding.

Cross-References

Form of judgment against representative if party dies, see section 1485 of

this title. Necessity of claiming against estate of deceased, see sections 1475 and 1483

of this title. Death after verdict or decision, and befoi'e judgment, see section 54G of this

title. Survival of actions, see sections 1522 et seq., of this title. Survival of action by or against officer of Canal Zone, see U.S. Code, title 28, section 780' (appendix, p. 984).

142. Another person may be substituted for the defendant;

conflicting claims, how made.—A defendant, against whom an action

is pending upon a contract, or for specific personal property, may,

at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him,

a demand upon such contract, or for such property, upon notice to such person and the adverse party, apply to the court for an order

to substitute such person in his place, and discharge him from

liability to either party, on his depositing in court the amount

claimed on the contract, or delivering the property or its value to such person as the court may direct; and the court may, in its dis- cretion, make the order. And whenever conflicting claims are or may be made upon a person for or relating to personal property, or the performance of an obligation, or any portion thereof, such person

may bring an action against the conflicting claimants to compel

them to interplead and litigate their several claims among themselves.

The order of substitution may be made and the action of interpleader

may be maintained, and the applicant or plaintiff be discharged from

liability to all or any of the conflicting claimants, although their

titles or claims have not a common origin, or are not identical,

but are adverse to and independent of one another.

143. Intervention, when it takes place, and how made.—At any

time before trial, any person, who has an interest in the matter in

litigation, or in the success of either of the parties, or an interest

against both, may intervene in the action or proceeding. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by

joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the

defendant, and is made by complaint, setting forth the grounds upon

which the intervention rests, filed by leave of the court and served

upon the parties to the action or proceeding who have not appeared,

and upon the attorneys of the parties who have appeared, who may

answer or demur to it within ten days from the service thereof, if

341
T.4, §144] THE CODE OF CIVIL PROCEDURE

served within the Canal Zone, or within forty days if served

elsewhere.

144. Associates may be sued by name of association.—Wlien

two or more persons, associated in any business, transact such busi- ness under a common name, whether it comprises the names of such

persons or not, the associates may be sued by such common name,

the summons in such cases being served on one or more of the

associates; and the judgment in the action shall bind the joint property of all the associates, and the individual property of the party

or parties served with process, in the same manner as if all had been

named defendants and had been sued upon their joint liability.

Ckoss-Refeeences

Service on association, see section 166 of this title. Judgment for or against one or more of several defendants, see sections 412 and 413 of this title. 145. Court, when to decide controversy or to order other parties to be brought in.—The court may determine any controversy

between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete

determination of the controversy cannot be had without the presence

of other parties, the court must then order them to be brought in,

and to that end may order amended and supplemental pleadings, or

a cross-complaint to be filed, and summons thereon to be issued and

served. And when, in an action for the recovery of real or personal

propertj^, or to determine conflicting claims thereto, a person, not a party to the action, but having an interest in the subject thereof,

makes application to the court to be made a party, it may order him

to be brought in, by the proper amendment.

Ceoss-Refeeence

Adding or striking out name of party, see section 275 of this title. CHAPTER 7.—PLACE OF TRIAL OF CIVIL ACTIONS

Sec. 151. Place of trial of civil actions in general.

Sec. 152. Actions for divorce.

153. Change of venue. Section 151. Place of trial of civil actions in general.—All actions not hereinafter otherwise provided for may he brought in the division or subdivision where the defendant or necessary party defendant

may reside or be found, or in the division or subdivision where the

plaintiff or one of the plaintiffs resides, at the election of the plaintiff,

except in cases where other special provision is made in this title. In case neither the plaintiff nor the defendant resides witliin the

Canal Zone, and the action is brouglit to seize or obtain title to property of the defendant within the Canal Zone, the action shall be

brouglit in tlie division or subdivision where the property which the

plaintilf seeks to seize or obtain title to is situated or is found.

Actions against executors, administrators, and guardians touching

the performance of their official duties, and actions for account and

settlement by them, and actions for the distribution of the estates of

342
THE CODE OF CIVIL PROCEDURE [T. 4, § 153

deceased persons among the heirs and distributees, and actions for

the payment of legacies, shall be brought in the division in which

the will was admitted to probate, or letters of administration were

granted, or the guardian was appointed.

Actions to obtain possession of real property, or to recover damages for injuries to real property, or to establish any interest or right

in or to real property, shall be brought in the division where such

property, or some part thereof, is situated.

And in all cases process may issue from the division of the district court in wdiich an action or special proceeding is pending, to be in

force in either division, to bring in defendants and to enforce all orders and decrees of the court. The failure of the defendant to object to the venue of the action

at the time of entering his appearance in the action shall be deemed

a waiver on his part of all objections thereto, except in the case of

actions against executors, administrators, and guardians, and for the

distribution of estates and payment of legacies.

152. Actions for divorce.—Complaints for divorce shall be filed in the division of the district court in which the piaintifE resides.

(Sept. 21, 1922, ch. 370, sec. 13, 42 Stat. 1008; Feb. 27, 1933, ch. 127.

sec. 112, 47 Stat. 924.)

Cboss-Refekenc&

Residence defined, see title 3, section 108. 153. Change of venue.—The district judge may order a change

of venue in any civil case or special proceeding from one division

of said court to the other, whenever in his opinion, in the interest of

justice, such action becomes necessary. Such change of venue may

be ordered upon the motion of the judge, on the application of either

party or by consent of parties.

Whenever a change of venue has been ordered by the court, the

clerk shall immediately make out a true transcript of all the orders

made in said cause, and certify thereto under his official seal, and

transmit the same with the original papers in the case to the other

division of the district, and the case shall be tried therein as if it had been instituted there originally.

CHAPTER 8.—MANNER OF COMMENCING CIVIL ACTIONS

Art. Sec. i Art. Sec.

1. In general 161 | 2. Process in divorce actions 181 Ceoss-Refeeence

Process maj'^ issue from one division of tlie district court to be in force in the

other, see section 151 of this title.

343
T. 4, § 161] THE CODE OF CIVIL PROCEDURE

ARTICLE 1.—IN GENERAL

Sec. 161. Actions, how commenced.

162. Complaint, how indorsed ; when sum- mons may be issued, and how

waived.

163. Summons, how issued, directed, and

what to contain, in general.

164. Alias summons.

165. Summons, how served and returned,

in general.

Sec. 166. Service of summons, in general.

167. Proceedings where there are several defendants, and part only are served.

168. Cases in which service of summons may be by publication, in general.

169. Manner of publication in general.

170. Proof of service, how made, in general.

171. When jurisdiction of action is

acquired.

Section 161. Actions, how commenced.—Civil actions in the district court are commenced by filing a complaint.

Cross-Referencb

Action is coD:imence(i when complaint filed, see section 101 of this title. 162. Complaint, how indorsed; when summons may be issued,

and how waived.—The clerk must indorse on the complaint the day,

month, and year that it is filed, and at any time within one year

thereafter, the plaintiff may have a summons issued, and if the action

be brought against two or more defendants, who reside in different

divisions, may have a summons issued for oach of such divisions

at the same time. But at any time within the year after the complaint is filed, the defendant may, in writing, or by appearing and

answering or demurring, waive the issuing of summons; or, if the

action be brought upon a joint contract of two or more defendants,

and one of them has appeared within the year, the other or others

may be served or appear after the year at any time before trial. Ceoss-Refekences

Admission of sei"vice by defendant, see section 170 of this title. Alias summons, see section 164 of this title. Appearance, see sections 171 and 945 of this title. Time for issuance of summons, see section 416 of this title. 163. Summons, how issued, directed, and what to contain, in

general.—The summons must be directed to the defendant, signed

by the clerk, and issued under the seal of the court, and must contain : 1. The names of the parties to the action, the court in which it is brought, and the division in which the complaint is filed;

2. A direction that the defendant appear and answer the complaint within ten days, if the summons is served within the Canal

Zone; within forty clays, if served outside of the Canal Zone;

3. A notice that, unless the defendant so appears and answers, the

plaintiff will take judgment for any money or damages demanded in the complaint as arising upon contract, or will apply to the court for

any other relief demanded in the complaint.

Ceoss -References

Joint debtor, summoning after judgment, see sections 901 and 902 of this title. Summons in forcible entry and detainer proceedings, see section 1148 of this

title. Time for issuance of, see section 41 G of this title. 164. Alias summons.—If the summons is returned without being

served on any or all of the defendants, or if it has been lost, the clerk,

upon the demand of the plaintiff, may issue an alias summons in the

344
THE CODE OF CIVIL PROCEDURE [T. 4, § 166 same form as the original, and within such time as the original might

have been served if it had not been lost or returned.

Ceoss-Refekbnces

Alias summons in magistrate's court, see sections 698 and G99 of this title. New summons in action for forcible entry and detainer, see section 1148 of

this title. 165. Summons, how served and returned, in general.—The sum- mons may be served by the marshal, or by any other person over

the age of eighteen, not a party to the action. A copy of the complaint must be served, with the summons, upon each of the defendants. When the summons is served by the marshal, it must be re- turned, with his certificate of its service and of the service of any copy

of the complaint, where such copy is served, to the office of the clerk

from which it issued. When it is served by any other person, it must

be returned to the same place, with an affidavit of such person of its service, and of the service of a copy of the complaint, where such

copy is served.

Cross-Retekences

Divorce actions, service by publication, see section 182 of this title. Time for service and return of, see section 416 of this title. Return of summons in proceedings in forcible entry and detainer, see section 1148 of this title. 166. Service of summons, in general.—The summons must be

served by delivering a copy thereof as follows

1. If suit is against a foreign corporation, or a nonresident joint

stock company or association doing business within the Canal Zone

To a managing or business agent, cashier or secretary, if such there

be within the Canal Zone; or to any agent authorized to accept

service for it. 2. If against a minor, under the age of fourteen years, residing

within the Canal Zone: To such minor, personally, and also to his

father, mother, or guardian; or if there be none within the Canal

Zone, then to any person having the care or control of such minor,

or with whom he resides, or in whose service he is employed.

3. If against a person residing within the Canal Zone who has

been judicially declared to be of unsound mind, or incapable of

conducting his own affairs, and for whom a guardian has been

appointed : To such person, and also to his guardian.

4. In all cases where a corporation has forfeited its right to do

business in the Canal Zone, by delivering a copy thereof to one of

the persons who have become the trustees of the corporation and of

its stockholders or members.

5. In all other cases to the defendant personally.

CeOSS-ReFEEENCBS

Service on guardian of infant or incompetent, see section 1694 of this title. Service by publication on nonresidents, see section 168 of this title. Proof of service, see section 170 of this title. Service may be proved by affidavit, see section 2071 of this title. Association, service may be on one of members of, see section 144 of this

title. Return of summons, see section 416 of this title. Service of process on foreign corporation doing business in Canal Zone, see

also title 3, section 221. 93083—34 23 345
T.4, §167] THE CODE OF CIVIL PROCEDURE

167. Proceedings where there are several defendants, and part

only are served.—When the action is against two or more defendants jointly or severally liable on a contract, and the summons is served on one or more, but not on all of them, the plaintiff may

proceed against the defendants served in the same manner as if they were the only defendants.

Cross-Refekences

Joining persons severally liable upon instruments, see section 139 of this title. Joint debtors, proceedings against, after judgment against same, see sections 901 et seq., of this title. Judgment against some defendants, proceedings continuing against others, see

section 413 of this title. 168. Cases in which service of summons may be by publication,

in general.—Where the person on whom service is to be made re- sides out of the Canal Zone ; or has departed from the Zone ; or cannot, after due diligence, be found within the Zone; or conceals

himself to avoid the service of summons ; or is a corporation having no officer or other person upon whom summons may be served, who,

after due diligence, can be found within the Zone, and the fact ajDpears by affidavit to the satisfaction of the court, or the judge

thereof; and it also appears by such affidavit, or by the verified

complaint on file, that a cause of action exists against the defendant

in respect to whom the service is to be made, or that he is a necessary

or proper party to the action ; or when it appears by such affidavit, or by the complaint on file, that it is an action which relates to or the subject of which is real or personal property in the Zone, in which

such person defendant or corporation defendant has or claims a

lien or interest, actual or contingent, therein, or in which the relief demanded consists wholly or in part in excluding such person or corporation from any interest therein, such court or judge may make

an order that the service be made by the publication of the summons.

CrOSS-ReFEREWOES

Publication of citation to attorney in disbarment proceeding, see section 56

of this title. I*roof of service by publication, see section 170 of this title. Service of summons in magistrate's court by publication, see section 701 of

this title. Divorce actions, service by publication, see section 182 of this title. 169. Manner of publication in general.—The order must direct

the publication to be made in such newspaper or newspapers, to be designated by the judge, as is, or are most likely to give notice

to the person to be served, and for such length of time as may be

deemed reasonable, at least once a WTck for three consecutive weeks;

but the last i^ublication against a defendant residing out of the

Canal Zone, or absent therefrom, must not be loss tlian forty days

before the day on which the defendant is required to appear. In case of publication, where the residence of a nonresident or absent defendant is known, the judge must direct a copy of the summons and

complaint to be forthwith deposited by the clerk in the post office, directed to the person to be served, at his place of residence. If the

residence of the defendant is unknown, then to his last known place

of residence with the i-equest to forward if not called for in five days.

346
THE CODE OF CIVIT, PROCEDURE [T. 4, § 171 In any case where service by publication may be ordered, the court

or judge, upon application of the plaintiff, shall authorize personal

service upon the defendant outside of the Canal Zone. Such service

shall be made by delivering to the defendant in person a true copy

of the summons and the complaint, and may be made by any person

not a party to or otherwise interested in the subject matter in controversy. Such service shall have only the effect of service of sum- mons by publication. Return on such service shall be made under

oath, with a notation of the time and place of service.

170. Proof service, how made, in general.—Proof of the service

of summons and complaint must be as follows:

1. If served by the marshal or deputy, his certificate thereof

2. If by any other person, his affidavit thereof;

3. In case of publication, the certificate of the clerk of the court

to which a copy of the publication shall be attached ; and a certificate of the clerk showing the deposit of a copy of the summons in the

post office, if the same has been deposited ; or

4. The written admission of the defendant.

In case of service otherwise than by publication, the certificate or affidavit must state the time and place of service.

Cross-References

Proof of service by affidavit, see sections 165 and 2071 of this title. Proof of service part of judgTaent-roll, see section 547 of this title. Proof of service in divorce actions, see section 182 of this title. 171. When jurisdiction of action is acquired.—From the time of

the service of the summons and of a copy of the complaint in a civil action, where service of a copy of the complaint is required, or of

the completion of the publication when service by publication is ordered, the court is deemed to have acquired jurisdiction of the

parties, and to have control of all the subsequent proceedings. In

all cases where a corporation has forfeited its right to do business

in the Canal Zone, the persons who become the trustees of the cor- poration and of its stockholders or members may be sued in the

corporate name of such corporation in like manner as if no forfeiture

had occurred and from the time of service of the summons and of a copy of the complaint in a civil action, upon one of said trustees, or

of the completion of the publication when service by publication is ordered, the court is deemed to have acquired jurisdiction of all said

trustees, and to have control of all the subsequent proceedings. The

voluntary appearance of a defendant is equivalent to personal service

of the summons and copy of the complaint upon him.

Cross-Refekbnces

Answer or demurrer is an appearance, see section 945 of this title. Appearance equivalent to uutice on probate of will, see section 1219 of this

title. Appearance in magistrate's court, see section 681 of this title. Appearance by joint defendant, see section 162 of tliis title. Appearance of attorney in disbarment proceedings, see section 57 of this title. Effect of appearance where summons not issued or served, see section 416 of

this title. Infants or insane persons, appearance by guardian, see section 1694 of this

title. Appearance, written notice of, see section 945 of this title. 347
T. 4, §181] THE CODE OF CIVIL PROCEDURE

ARTICLE 2.—PROCESS IN DIVORCE ACTIONS

Sec. Sec. 181. Process In divorce actions in general. 183. Time for appearance and answer in

182. Sarae ; process and service, personal suits for divorce. and by publication. 181. Process in divorce actions in general.—The process and

practice in proceedings for divorce shall be the same as in other

cases in equity except as otherAvise provided in sections 152, 182, 183,

228, and 2155 of this title, and in sections 71 to 128 of title 3. (Sept.

21, 1922, ch. 370, sec. 16, 42 Stat. 1010; Dec. 29, 1926, ch. 19, sec. 4, 44

Stat. 926; Feb. 27, 1933, ch. 127, sec. 125, 47 Stat. 927.)

» Cross-Refeeences

Law and equity need not be separately exercised, see titio 7, section 24. One form of civil action only, see section 71 of this title. 182. Same; process and sei*vice, personal and by publication.—

(a) Upon the filing of a complaint for divorce and the affidavit re- quired by subdivision (b) of section 108 of title 3, the clerk of the

district court shall issue a summons requiring the defendant to appear and answer. If the defendant can be found in the Canal Zone,

such summons shall be served by delivering to the defendant in

person a true copy thereof and a copy of the complaint for divorce.

If the defendant cannot be found in the Canal Zone, the summons

shall be returned to such clerk with an indorsement thereon showing

such fact. (b) Upon application of the plaintiff, accompanied by the affidavit required by subdivision (c), if the summons has not been served as provided in subdivision (a), the court, or the judge thereof, shall enter an order directing service of a summons by publication if it appears to the satisfaction of such court or judge

(1) That the defendant cannot be found in the Canal Zone; and

(2) That a proper cause for divorce is alleged in favor of the

plaintiff; and

(3) Either (A) that the husband and wife have resided together

in the Canal Zone and that the defendant has gone out of the Canal

Zone and willfull}'^ refuses to return, so that process cannot be per- sonally served upon such defendant; or (B) that the marriage was

celebrated in the Canal Zone and that the defendant has abandoned

the plaintiff and gone out of the Canal Zone in disregard of his or her marital obligations.

(c) The plaintiff' shall file, with the application for an order

directing service of summons by publication, an affidavit stating the

present address of the defendant, except that if such address is not

known to the plaintiff such affidavit shall state the last known address

of the defendant, and that, after the exercise of due diligence, the

plaintiff has been vmable to ascertain such present address. Such

affidavit shall contain such other information as the court, or the

judge thereof, may require.

(d) Upon entry of an order directing service of a summons by

jDublication the clerk of the court shall cause such summons to be

published at least once each week for three successive weeks in the

newspaper designated in such order. The court, or the judge

thereof, shall designate a newspaper printed and published in the

348
THE CODE OF CIVIL PROCEDURE [T. 4, § 183 Canal Zone and of general circulation therein, or a newspaper

printed in English or having an English section or edition and

p.ublished in the Kepublic of Panama and having a general circulation in the Canal Zone, which, in the opinion of the court or judge,

will be most likely to give notice to the defendant. The clerk of

the court shall mail a copy of the summons and a copy of the complaint, not later than ten days after the first publication of the

summons, addressed to the defendant at his or her last known place

of residence. The court is authorized to adopt rules prescribing

the form of such summons.

(e) The clerk of the court, after the last publication of a summons, shall make certificate that the summons has been published

and that a copy of the summons and complaint has been mailed as required in subdivision (d), and a copy of such summons as published shall be attached to such certificate. Such certificate and

copy shall be evidence of such publication and mailing.

(f ) In any case where service by publication may be ordered the

court, or the judge thereof, upon application of the plaintiff, shall authorize personal service upon the defendant outside the Canal

Zone. Such service shall be made by delivering to the defendant in

person a true copy of the summons and a copy of the complaint for

divorce, and may be made by any person not a party to or otherwise

interested in the subject matter in controversy. Such service shall have only the effect of service of summons by publication. Return

of such summons shall be made with a notation of the time and place

of service and the fact that the defendant served is a nonresident of

the Canal Zone. Such return shall be made under oath. The cost of making such service shall be borne by the party at whose instance

the same was made, except that if made by any ofiicer authorized to serve process, the actual cost of such service shall be included as a part of the costs of tlie case. (g) All the facts relating to the service of summons, whether

made personally or by publication, must be established to the satis- faction of the court, or the judge thereof, before any decree is entered pursuant to a complaint for divorce. (Sept. 21, 1922, ch. 370,

sec. 15, 42 Stat. 1009; Dec. 29, 1926, ch. 19, sec. 3, M Stat. 924; Feb.

27, 1933, ch. 127, sec 126, 47 Stat. 927.)

Ceoss-References

Additional notice to defendant may be ordered in case of default, see title

3, section 114. No judgment for alimony unless defendant is personally served or appears,

see title 3, section 120. Residence defined, see title 3, section 108. 183. Time for appearance and answer in suits for divorce.—In no divorce proceedings shall the cause stand for trial before the

expiration of the time allowed for the defendant to appear and

answer. A summons issued or published under the next preceding

section shall require the defendant to appear and answer

(1) Within ten days after personal service thereof if such service is had in the Canal Zone;

(2) Within thirty days after personal service thereof if such

service is had in the Republic of Panama

349
T. 4, § 191] THE CODE OF CIVIL PROCEDURE

(3) Within ninety days after personal service if such service is had outside of the Canal Zone and the Republic of Panama;

(4) Within thirty days after the first publication of summons if the defendant resides in the Canal Zone or the Republic of Panama

and

(5) Within ninety days after the first publication of summons if the defendant resides outside the Canal Zone and the Republic of

Panama. (Sept. 21, 1922, ch. 370, sec. 16, 42 Stat. 1010; Dec. 29,

1926, ch. 19, sec. 4, 44 Stat. 926; Feb. 27, 1933, ch. 127, sec. 127,

47 Stat. 928.)

CHAPTER 9.—PLEADINGS IN CIVIL ACTIONS

Art.

1. Pleadings in general

2. Complaint

3. Demurrer to complaint.

4. Answer

5. Demurrer to answer

Sec. 191 201 211

221

231

Art. Sec.

0. Verification of pleadings 241

7. General rules of pleading 251

8. Variance ; mistakes in pleading and amendments 271 ARTICLE 1.—PLEADINGS IN GENERAL

What pleadings are allowed.

Sec. Sec. 191. Definition of pleadings. 193.

192. This title prescribes the form and

rules of pleadings.

Section 191. Definition of pleadings.—The pleadings are the formal allegations by the parties of their respective claims and defenses,

for the judgment of the court. 192. This title prescribes the form and rules of pleadings.—The

forms of pleading in civil actions, and the rules by which tlie suffi- ciency of the pleadings is to be determined, are those prescribed in

this title. CKOSS-REFiaElENCES One form of action, see section 71 of this title. Rules of pleading, generally, see section 251 et seq., of this title. Answer, what to contain, see sections 221 et seq., of this title. Complaint, what to contain, see sections 202 et seq., of this title. 193. What pleadings are allowed.—The only pleadings allowed on

the part of the plaintiff are

1. The complaint

2. The demurrer to the answer;

3. The demurrer to the cross-complaint

4. The answer to the cross-complaint.

And on the part of the defendant:

1. The demurrer to the complaint;

2. The answer;

3. The cross-complaint

4. The demurrer to the answer to the cross-complaint

CrU>SS-IlElFE3lENCES M\

Complaint, see sections 201 et seq., of this title. Cross-coniplaint and answer or demurrer thereto, see section 227 of this title. Demurrer to coiiiplaint. see so<-tions 211 et seq., of this title. Answer, see sections 221 et seq., of this title. Dennn-er to answer, see sections 231 and 232 of this title. Pleadings in magistrate's court, see sections 711 et .seq., of this title. Supplemental coniplaint or answer, see section 262 of this title. 350
THE CODE OF CIVIL PROCEDURE [T. 4, § 204 ARTICLE 2.—COMPLAINT

Sec. 204. Causes of action which may be

united ; causes united must belong

to one class.

I

Sec. 201. Complaint, first pleading.

202. Cumplaint, what to contain.

203. Statement of facts in divorce complaint. 201. Complaint, first pleading.—The first pleading on the part of

the plaintiff is tlie complaint.

Cross-Refeeenoes

Action is commenced when complaint filed, see sections 101 and 161 of this

title. Supplemental complaint, see section 262 of this title. 202. Complaint, what to contain.—The complaint must contain:

1. The title of the action, the name of the court and division in

which the action is brought, and the names of the parties to the

action;

2. A statement of the facts constituting the cause of action, in

ordinary and concise language

3. A demand of the relief which the plaintiff claims. If the

recovery of money or damages be demanded, the amount thereof

must be stated. Ceoss-Refekences

Title, papers defectively entitled, see section 952 of this title. Venue, see sections 151 to 153 of this title. Parties, misjoinder or nonjoinder, see .section 211 of this title. Association may be sued under common name, see section 144 of this title. Intervention, see section 143 of this title. Fictitious names for defendants, see section 276 of this title. Errors and defects to be disregarded, see section 277 of this title. Material allegations, not controverted, taken as true, see section 260 of this

title. Service of complaint, see section 165 of this title. Several causes of action, uniting, see section 2"04 of this titla Amendment of pleadings, see sections 213, 274, and 275 of this title. Variance, see sections 271 et seq., of this title. Supplemental complaint, see section 262 of this title. Verification of pleadings, see section 241 of this title. One form of action only, see section 71 of this title. Pleadings in magistrates' courts, see section 711 et seq., of this title. General rules of pleading, see sections 251 et seq., of this title. 203. Statement of facts in divorce complaint.—In an action for

divorce the complaint must set forth, among other matters, as near

as can be ascertained, the following facts

(1) The State or country in which the parties were married.

(2) The date of marriage.

(3) The date of separation.

(4) The number of years from marriage to separation.

(5) The number of children of the marriage, if any, and if none, a statement of that fact. (6) The ages of the minor children.

204. Causes of action which may be united; causes united must

belong to one class.—The plaintiff may unite several causes of

action in the same complaint, where they all arise out of

1. Contracts, express or implied;

851
T.4, §211] THE CODE OF CIVIL PROCEDURE

2. Claims to recover damages for the withholding of specific real property, or for waste committed thereon, and the rents and profits

of the same;

3. Claims to recover specific personal property, with or without

damages for the withholding thereof;

4. Claims against a trustee by virtue of a contract or by operation

of law;

5. Injuries to character;

6. Injuries to person;

7. Injuries to property;

8. Claims arising out of the same transaction, or transactions con- nected with the same subject of action, and not included within one

of the foregoing subdivisions of this section.

The causes of action so united must all belong to one only of these

classes, and must affect all the parties to the action, and not require

different places of trial, and must be separately stated ; but an action

for malicious arrest and prosecution, or either of them, may be

united with an action for either an injury to character or to the

person : Pr^ovided, however, That in any action brought by the husband and wife, to recover damages caused by any injury to the

wife, all consequential damages suffered or sustained by the husband

alone, including loss of the services of his said wife, moneys expended

and indebtedness incurred by reason of such injury to his said wife,

may be alleged and recovered Avithout separately stating such cause

of action arising out of such consequential damages suffered or sustained by the husband: Provided, further, That causes of action

for injuries to person and injuries to property, growing out of

the same tort, may be joined in the same complaint, and it is not

required that they be stated separately.

Ceoss-Referenoe

Joining separate insurers in single action, see section 139 of this title. ARTICLE 3.—DEMURRER TO COMPLAINT

Sec. 211.

212.

Sec. 214. Objoction not appearing on complaint, may be taken by answer.

215. Objections, when deemed waived.

Wlien defendant may demur. Demurrer must specify grounds ; may

be taken to part ; may answer and demur at same time. 213. What proceedings are to be had when

complaint is amended. 211. When defendant may demur.—The defendant may demur

to the complaint within the time required in the summons to answer, when it ap})ears upon the face thereof, either

1. That the court has no jurisdiction of the person of the defendant, or the subject of the action

S. That the plaintiff has not legal capacity to sue

3. That there is another action pending betAveen the same parties

for the same cause

4. That there is a defect or mi.sjoinder of parties plaintiff or defendant

5. That several cau.ses of action have been improperly united, or not separately stated;

352
THE CODE OF CIVIL PROCEDURE [T. 4, § 215

6. That the complaint does not state facts sufficient to constitute a cause of action;

7. That the complaint is ambiguous;

8. That the complaint is unintelligible; or

9. That the complaint is uncertain.

Cboss-Reobterences Demurring and answering at same time, see sections 212 and 226 of this

title. Extending time to demur, see section 960 of tliis title. Serving clemurrer, see section 263 of this title. Judgment on demurrer, see section 504 of this title. Demurrer in an appearance, see section 945 of this title. Waiving objections by failure to demur, see section 215 of this title. 212. Demurrer must specify grounds; may be taken to part;

may answer and demur at same time.—The demurrer must dis- tinctly specify the grounds upon which any of the objections to the

complaint are taken. Unless it does so, it may be disregarded. It may be taken to the whole complaint, or to any of the causes of

action stated therein, and the defendant may demur and answer at the same time.

213. What proceedings are to be had when complaint is amended.—If the complaint is amended, a copy of the amendments

must be filed, or the court may, in its discretion, require the complaint as amended to be filed, and a copy of the amendments or amended complaint must be served upon the defendants affected

thereby. The defendant must answer the amendments, or the complaint as amended, within ten days after service thereof, or such

other time as the court may direct, and judgment by default may

be entered upon failure to answer, as in other cases. Cboss-Reference

Amendment, generally, see sections 274 and 275 of this title. 214. Objection not appearing on complaint, may be taken by

answer.—When any of the matters enumerated in section 211 of

this title do not appear upon the face of the complaint, the objection

may be taken by answer.

215. Objections, when deemed waived.—If no objection be taken,

either by demurrer or answer, the defendant must be deemed to have

waived the same, excepting only the objection to the jurisdiction

of the court, and the objection that the complaint does not state facts

sufficient to constitute a cause of action.

Cross-References

Waiver of counterclaim by omission to set up, see section 224 of this title. Omission to set up in magistrate's court, see section 716 of this title.

353
T. 4, § 221] THE CODE OF CIVIL PROCEDURE

ARTICLE 4.—ANSWER

Sec. 221. Answer, what to contain.

222. Actiuns to recover insurance ; what

defendant claiming exemption must

set up. 223. When counterclaim may be set up. 224. When defendant omits to set up

counterclaim.

225. Counterclaim not barred by death or assignment.

Sec. 226.

228.

Answer may contain several grounds

of defense ; defendant may answer

part and demur to part of complaint. Cross-complaint, in general. Cross-complaint for divorce and pro- ceedings thereon.

221. Answer, what to contain.—The answer of the defendant

shall contain:

1. A general or specific denial of the material allegations of the

complaint controverted by the defendant.

2. A statement of any new matter constituting a defense or counterclaim.

If the complaint be verified, the denial of each allegation contro- verted must be specific, and be made positively, or according to the

information and belief of the defendant. If the defendant has no

information or belief upon the subject sufficient to enable him to answer an allegation of the complaint, he may so state in his answer, and place his denial on that ground. If the complaint be not verified, a general denial is sufficient, but only puts in issue the material

allegations of the complaint.

Cross-Refekences

Pleas in abatement, see section 211 of this title. Amendment, see sections 274 and 275 of this title. Appearance answering is, see section 945 of this title. Counterclaim, see sections 223 to 226 of this title. Cross-complaint, see section 227 of this title. Death or disability of party, see section 141 of this title. Errors and defects to be disregarded, see section 277 of this title. Striking out sham and irrelevant answers, see section 252 of this title. Supplemental answer, see section 262 of this title. Time to answer, extension of, see .section 960 of this title. Writing, effect of setting forth in answer, see sections 243 and 244 of this

title. Allegations not denied, when deemed true, see section 260 of this title. Objection not appearing on complaint, may be taken by answer, see section 214 of this title. Waiver whei-e no objeclion taken by answer, see section 215 of this title. 222. Actions to recover insurance; what defendant claiming

exemption must set up.—In an action to recover upon a contract

of insurance wherein the defendant claims exemption from liability

upon the ground that, although the proximate cause of the loss was

a peril insured against, the loss was remotely caused by or would

not have occurred but for a peril excepted in the contract of insur- ance, the defendant shall in his answer set forth and specify the

peril which was the proximate cause of the loss, in what manner the

peril excepted contributed to the loss or itself caused the peril insured

against, and if he claim that the peril excepted caused the peril

insured against, he shall in his answer set forth and specify upon

what premises or at what place the peril excepted caused the peril

insured against.

354
THE CODE OF CIVIL PROCEDURE [T. 4, § 227

223. When counterclaim may be set up.—The counterclaiin mentioned in section 221 of this title must be one existing in fuvor of a defendant and against a plaintiif, between whom a several judgment

might be had in the action, and arising out of one of the following

causes of action

1. A cause of action arising out of the transaction set forth in the

complaint as the foundation of the plaintiff's claim, or connected

with the subject of the action;

2. In an action arising upon contract; any other cause of acticm

arising also upon contract and existing at the commencement of

the action.

CROSS-REFBaiENCES

Dismissing action, where counterclaim, see section 415 of this title. Counterclaim in ma.uistrates' courts, see sections 715 and 710 of this title. Counterclaim deemed denied, see section 260 of this title. Judgment when counterclaim exceeds plaintiff's demand, see section 543 of

this title. 224. When defendant omits to set up counterclaim.—If the defendant omits to set up a counterclaim upon a cause arising out of

the transaction set forth in the complaint as the foundation of the

plaintiff's claim, neither he nor his assignee can afterwards maintain an action against the plaintiff therefor.

Geoss-Refehenoe

Failure to set up in magistrate's court, see section 716 of this title. 225. Counterclaim not barred by death or assignment.—When

cross demands have existed between persons under such circumstances that, if one had brought an action against the other, a counter- claim could have been set up, the two demands shall be deemed compensated, so far as thej'^ equal each other, and neither can be deprived

of the benefit thereof by the assignment or death of the other.

226. Answer may contain several grounds of defense ; defendant

may answer part and demur to part of complaint.—The defendant

may set forth by answer as many defenses and counterclaims as he

may have. They must be separately stated, and the several defenses

must refer to the causes of action which they are intended to answer,

in a manner by which they may be intelligibly distinguished. The

defendant may also answer one or more of the several causes of action

stated in the complaint and demur to the residue.

227. Cross-complaint, in general.—Whenever the defendant seeks

affirmative relief against any party, relating to or depending upon

the contract, transaction, matter, happening or accident upon which

the action is brought, or affecting the property to which the action

relates, he may, in addition to his answer, file at the same time, or by

permission of the court subsequently, a cross-complaint. The cross- complaint must be served upon the parties affected thereby, and such

parties may demur or answer thereto as to the original complaint.

If any of the parties affected by the cross-complaint have not

appeared in the action, a summons upon the cross-complaint must be

355
T.4, §228] THE CODE OF CIVIL PROCEDURE

issued and served upon them in the same manner as upon the com- mencement of an original action.

Cboss-References

Origiual complaint, see sections 202 et seq., of tliis title. Dismissing action, where cross-complaint, see section 415 of tliis title. 228. Cross-complaint for divorce and proceedings thereon.—In

addition to an answer, the defendant may file a cross-complaint for

divorce; and when filed the court shall decree the divorce to the party

legally entitled thereto. If the original complaint be dismissed after

the filing of the cross-complaint, the defendant ma^^ proceed to the

trial of the cross-complaint without further notice to the adverse

party; and the case upon such cross-complaint shall in all things be

governed by the same rules as are applicable to a case on an original

complaint. (Sept. 21, 1922, ch. 370, sec. 19, 42 Stat. 1010; Fob. 27,

1933, ch. 127, sec. 147, 47 Stat. 932.)

ARTICLE 5.—DEMURRER TO ANSWER

Sec.

I Sec. 231. When plaintiff may demur to answer. I 232. Grounds of demurrer. 231. When plaintiff may demur to answer.—The plaintiff may

within ten days after the service of the answer demur thereto, or to one or more of the several defenses or counterclaims set up therein.

Cross-References

Demurrer to complaint, see section 211 of this title. Service of denmrrer, see section 263 of this title. Extending time to demur, see section 960 of this title. Time to answer when demurrer overruled, see section 278 of this title. 232. Grounds of demurrer.—The demurrer may be taken upon

one or more of the following grounds

1. That several causes of counterclaim have been improperly joined, or not separately stated;

2. That the ansAver does not state facts sufficient to constitute a defense or counterclaim

3. That the answer is ambiguous

4. That the answer is unintelligible; or

5. That the answer is uncertain.

Cross-Refeken'ce Grounds of demurrer to complaint, see section 211 of this title. ARTICLE G.—VERIFICATION OF PLEADINGS

Sec. 241. Verification of pleadings.

242. Copy of written instrument contained

ni complaint admitted, unless answer is verified. 243. Wlien defense is founded on written instrument set out in answer, its execution admitted, unless denied by plaintiff under oath.

Sec. 244. Exceptions to rules prescribed by two

preceding sections.

241. Verification of pleadings.—Every pleading must be subscribed by the party or his attorney; and when the complaint is

356
THE CODE OF CIVIL PROCEDURE [T. 4, § 244

verified, or when the Government, or any officer of the Government,

in his official capacity, is plaintiff, the answer must be verified,

unless an admission of the truth of the complaint might subject the

party to a criminal prosecution, or, unless an officer of the Government in his official capacity, is defendant. In all cases of a verifica- tion of a pleading, the affidavit of the party must state that the same

is true of his own knowledge, except as to the matters which are

therein stated on his information or belief, and as to those matters

that he believes it to be true; and where a pleading is verified, it must be by the affidavit of a party, unless the parties are absent

from the division where the attorney has his office, or from some

cause unable to verify it, or the facts are within the knowledge of

his attorney or other person verifying the same. When the pleading

is verified by the attorney, or any other person except one of the

parties, he must set forth in the affidavit the reasons why it is not

made by one of the parties. When a corporation is a party, the

verification may be made by any officer thereof. When the Government, or any officer of the Government in his official capacity, is plaintiff, the complaint need not be verified. Cross-Rkferences

Affidavits may be used to verify pleading, see section 2071 of tliis title. Attorney's power to bind client, see section 48 of tbis title. Verifying accusation for disbarring attorney, see section 55 of this title. 242. Copy of written instrument contained in complaint admitted, unless answer is verified.—When an action is brought upon

a written instrument, and the complaint contains a copy of such

instrument, or a copy is annexed thereto, the genuineness and due

execution of such instrument are deemed admitted, unless the answer denying the same be verified.Cboss-Refebence

Denial of written instrument under oath, see section 787 of this title. 243. When defense is founded on written instrument set out in

answer, its execution admitted, unless denied by plaintiff under

oath.—When the defense to an action is founded on a written instrument, and a copy thereof is contained in the answer, or is annexed

thereto, the genuineness and due execution of such instrument are deemed admitted, unless the plaintiff file with the clerk, within ten days after receiving a copy of the answer, an affidavit denying the same, and serve a copy thereof on the defendant.

244. Exceptions to rules prescribed by two preceding sections.—

But the execution of the instrument mentioned in sections 242 and

243 of this title, is not deemed admitted by a failure to deny the same

under oath, if the party desiring to controvert the same is, upon

demand, refused an inspection of the original. Such demand must

be in writing, served by copy, upon the adverse party or his attorney,

and filed with the papers in the case. Cross-Rekeeencb

Inspection of writings, order for, see section 921 of this title.

357
T.4, §251] THE CODE OF CIVIL PROCEDURE

ARTICLE 7.—GENERAL RULES OF PLEADING

Sec. 258.

259. 260.

261. 262.

263.

Libel and slander, how stated in complaint. Answer in such cases. Allegations not denied, when to he deemed true ; when to be deemed

controverted. A material allegation defined. Supplemental complaint and answer. Pleadings subsequent to complaint must be filed and served.

Sec. 251. Pleadings to be liberally construed.

252. Sham and irrelevant answers, etc., may

be stricken out. 253. How to state an account in a pleading. 254. Description of real property in a

pleading.

255. Judgments, how pleaded.

256. Conditions precedent, how to be

pleaded.

257. Statute of limitations, how pleaded. 251. Pleadings to be liberally construed.—In the construction of

a pleading, for the purpose of determining its effect, its allegations

must be liberally construed, with a view to substantial justice between

the parties.

Cross-Reiference Errors and defects in pleading, disregarding, see section 277 of tliis title. 252. Sham and irrelevant answers, etc., may be stricken out.

Sham and irrelevant answers, and irrelevant and redundant matter

inserted in a pleading, may be stricken out, upon such terms as the court may, in its discretion, impose.

253. How to state an account in a pleading.—It is not necessary

for a party to set forth in a pleading the items of an account therein

alleged, but he must deliver to the adverse party, within five days

after a demand thereof in writing, a copy of the account or be pre- cluded from giving evidence thereof. The court or judge may order

a further account when the one delivered is too general, or is defective in any particular.

Cross-Refebench

Exhibiting original account and delivering copy to adverse party, see section 786 of this title.

254. Description of real property in a pleading.—In an action

for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon execution,

to identify it. 255. Judgments, how pleaded.—In pleading a judgment or other

determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such judgment or doteniiination

may be stated to have been duly given or made. If such allegation

be controverted, the party pleading must establish on the trial the

facts conferring jurisdiction.

Cross-Refeirbnces

Pleading judgment, see also section 2006 of this title. Judgment as an estoppel, see section 1934 of this title. 256. Conditions precedent, how to be pleaded.—In pleading the

performance of conditions ])receclent in a contract, it is not necessary

to state the facts showing such performance, but it may be stated

generally that the party duly performed all the conditions on his

358
THE CODE OF CIVIL PROCEDURE [T. 4, § 261

part, and if siicli allefyation be controverted, the party pleading must

establish, on the trial, the facts showing such performance.

Cross-Refeeencb

Conditions precedent, see title S, sections 693 et seq. 257. Statute of limitations, how pleaded.—iln pleading the

statute of limitations it is not necessary to state the facts showing

the defense, but it may be stated generally that the cause of action

is barred by the provisions of section (giving the number of the

section and subdivision thereof, if it is so divided, relied upon) of

the title ; and if such allegation be controverted, the party pleading

must establish, on the trial, the facts showing that the cause of

action is so barred.

258. Libel and slander, how stated in complaint.—In an action

for libel or slander it is not necessary to state in the complaint any

extrinsic facts for the purpose of showing the application to the

plaintiif of the defamatory matter out of wdiich the cause of action

arose; but it is sufficient to state, generally, that the same was published or spoken concerning the plaintiff; and if such allegation be

controverted, the plaintiff must establish on the trial that it was so published or spoken.

Ceoss-Ret'ebencb

Libel and slander, see title 3, sections 42 et seq. 259. Answer in such cases.—In the actions mentioned in the next

preceding section the defendant may, in his answer, allege both the

truth of the matter charged as defamatory, and any mitigating cir- cumstances, to reduce the amount of damages ; and wdiether he prove

the justification or not, he may give in evidence the mitigating

circumstances.

CRO'SS-ReFEIRENCB

Libel and slander, see title 3, sections 42 et seq. 260. Allegations not denied, when to be deemed true; when to be deemed controverted.—Every material allegation of the complaint, not controverted by the answer, must, for the purposes of the

action, be taken as true; the statement of any new matter in the answer in avoidance or constituting a defense or counterclaim, must, on the trial, be deemed controverted by the opposite j)arty.

Ceoss-Refekences

Cros9-complaint must be replied to, see section 227 of this title. Answer, see section 221 of this title. 261. A material allegation defined.—A material allegation in a pleading is one w^hich is essential to the claim or defense, and which

could not be stricken from the pleading without leaving it insufficient. Cross-Reference

Immaterial allegations need not be answered, see section 260 of this title.

359
T. 4, § 262] THE CODE OF CIVIL PROCEDURE

262. Supplemental complaint and answer.—The plaintiff and

defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occur- ring after the former complaint or answer.

Cross-Refebence

Amendments of pleadings, see sections 274 and 275 of this title. 263. Pleadings subsequent to complaint must be filed and

served.—All pleadings subsequent to the complaint must be filed w4th the clerk, and copies thereof served upon the adverse party or

his attorney.

Ceoss-Refekences

Service of papers, see sections 942 et seq., of this title. Amendment of pleadings, service of, see sections 213 and 274 of this title. Extending time to serve papers, see section 960 of this title. ARTICLE 8.- -VARIANCE; MISTAKES IN PLEADINGS AND

AMENDMENTS

Sec. 271.

272.

273.

274.

Material variance, how provided for. Immaterial variance, how provided for. What not to be deemed a variance. Amendments of course, and effect of demurrer.

275. Pleading may be amended.

Sec. 276. Suing a party by a fictitious name, when allowed.

277. No error or defect to be regarded unless it affects substantial rights. 278. Time to amend or answer, running of.

271. Material variance, how provided for.—No variance between

the allegation in a pleading and the proof is to be deemed material,

unless it has actually misled the adverse party to his prejudice in

maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may order the

pleading to be amended, upon such terms as may be just.

Cross-Refekences

Variance, and failure of proof, see section 273 of this title. Evidence must correspond with substance of material allegations, see section 1886 of this title. 272. Immaterial variance, hov^^ provided for.—Where the vari- ance is not material, as provided in the next preceding section, the court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.

Cross-Reifeirence Immaterial errors, generally, see section 277 of this title. 273. What not to be deemed a variance.—Where, however, the

allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance,

within the two next preceding sections, but a failure of proof.

Cross-Reference

Proof generally, see sections 1842 et seq., of this title. Troof, dismissal for failure of, see section 415 of this title. ij

360
THE CODE OF CIVIL PROCEDURE [T. 4, § 275

274. Amendments of course, and effect of demurrer.—Any

pleading may be amended once by the party of course, and without

costs, at any time before answer or demurrer filed, or after demurrer

and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, who may have ten days thereafter in which to answer or demur to the amended pleading. A demurrer is not waived by filing an answer at the same time;

and when the demurrer to a complaint is overruled and there is no answer filed, the court ma}^ upon such terms as may be just, allow an

answer to be filed. If a demurrer to the answer be overruled, the

facts alleged in the answer must be considered as denied, to the extent mentioned in section 260 of this title.

Ckoss-IIeferences

Filing amended complaint, see section 213 of tliis title. Answer no waiver of demurrer, see section 212 of this title.

275. Pleading may be amended.—The court may in furtherance

of justice, and on such terms as may be proper, allow a party to amend any pleading or proceeding by adding or strilring out the name of any part}'^, or by correcting a mistake in the name of a party,

or a mistake in any other resj)ect ; and may, upon like terms, enlarge

the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon such terms

as may be just, an amendment to any pleading or proceeding in other

particulars; and may upon like terms allow an answer to be made

after the time limited by this title. Relief from judgment or order ; time for application ; pro- cedure.—And may, also, upon such terms as may be just, relieve a party or his legal representative from a judgment, order, or other

proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect: Provided, That application therefor be

made within a reasonable time, but in no case exceeding six months

after such judgment, order, or proceeding was taken : And jjrovided,

further, That said application must be accompanied with a copy of

the answer, or other pleading proposed to be filed therein, otherwise

said application shall not be granted. When from any cause the summons in an action has not been personally served on the defendant, the court may allow, on such terms as may be just, such defendant or his legal representative, at any time within one year after

the rendition of any judgment in such action, to answer to the merits

of the original action.

Action to recover personal property.—^When, in an action to recover the possession of personal propertj^, the person making any

affidavit did not truly state the value of the property, and the officer taking the property, or the sureties on an}^ bond or undertaking is sued for taking the same, the officer or sureties may in their answer

set up the true value of the property, and that the person in whose

behalf said affidavit was made was entitled to the possession of the same when said affidavit was made, or that the value in the affidavit stated was inserted by mistake, the court shall disregard the value as

93083—34 24 361
T. 4, §276] THE CODE OF CIVIL PROCEDURE

stated in the affidavit, and give judgment according to tlie right of

possession of said property at the time tlie affidavit was made.

Cross-References

Amendment of pleadings and relief from judgments in magistrate's court, see section 720 of this title. Power of court to extend time, see section 960 of this title. Adding parties, see section 145 of this title. 276. Suing a party by a fictitious name, when allow^ed.—When

the plaintiff is ignorant of the name of a defendant, he must state that fact in the compLaint, and such defendant may be designated

in any pleading or proceeding by an}^ name, and when his true name is discovered, the pleading or proceeding must be amended

accordingly,

277. No error or defect to be regarded unless it affects substantial rights.—The court must, in everj- stage of an action, disregard

any error, improper ruling, instruction, or defect, in the pleadmgs

or proceedings which, in the opinion of said court, does not affect the

substantial rights of the parties. No judgment, decision, or decree

shall be reversed or affected by reason of any error, ruling, instruction, or defect, unless it shall appear from the record that such error, ruling, instruction, or defect was prejudicial, and also that by reason

of such error, ruling, instruction, or defect, the said party complaining or appealing sustained and suffered substantial injur}^, and that

a different result would have been probable if such error, ruling,

instruction, or defect had not occurred or existed. There shall be no presumption that error is prejudicial, or that injury was done if error is shown.

278. Time to amend or answer, running of.—When a demurrer

to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of

the decision or order. Cross-Reterences Time to answer, see sections 213, 274, and 275 of this title. Notice, service of, see sections 941 et seq., of this title.

II

362
THE CODE OF CIVIL PROCEDURE [T. 4, § 292 CHAPTER 10.—PROVISIONAL REMEDIES IN CIVIL ACTIONS

Art. Sec.

1. Arrest and bail 291

2. Claim and delivery of personal property 321

3. Injunction 341

Art.

4. Attachment

5. Receivers

6. Deposits in court ; handling of funds by derls

Sec. 351

391 ARTICLE 1.—ARREST AND BAIL

Sec. 291.

292.

293.

294. 295. 296.

297.

298.

299.

300.

301.

302. 303.

304.

No person to be arrested except as pre- scribed by this title. Cases in which defendant may be

arrested.

Affidavit to obtain order, what to contain. Security by plaintiff before order of

arrest. Order, when made, and its form.

Affidavit and order to be delivered to the marshal, and copy to defendant.

Arrest, how made. Defendant to be discharged on bail or deposit.

Bail, how given. Surrender of defendant. Same.

Bail, how proceeded against.

Bail, how exonerated. Delivery of undertaliing to plaintiff, and its acceptance or rejection by

him.

Sec. 305. Notice of justification ; new undertalsing, if other bail. 306. Qualifications of bail. 307. Justification of bail. oOS. Allowance of bail. 309. Deposit of money with marshal.

310. Payment of money into court by marshal. 311. Substituting bail for deposit. 312. Money deposited, how applied or dis- posed of. 313. Marshal, when liable as bail, and his discharge from liability. 314. Proceedings on judgment against marshal.

315. Motion to vacate order of arrest or reduce bail ; affidavits on motion.

316. When the order vacated or bail re- duced.

I

Section 291. No person to be arrested except as prescribed by

this title.—No person can be arrested in a civil action, except as prescribed in this title. Ckoss-References

No later arrest after discharge, see section 1131 of this title. Exemption of witnesses from arrest, see sections 2144 and 214.5 of this title. 292. Cases in which defendant may be arrested.—The defendant

may be arrested, as hereinafter prescribed, in the following cases:

1. In an action for the recovery of money or damages on a cause

of action arising upon contract, express or implied, when the defendant is about to depart from the Canal Zone with intent to defraud

his creditors.

2. In an action for a fine or penalty, or for money or property

embezzled, or fraudulently misapplied, or converted to his own use, by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such,

or by any other person in a fiduciary capacity; or for misconduct

or neglect in office, or in a professional employment, or for a willful

violation of duty.

3. In an action to recover the possession of personal property

unjustly detained, when the property, or any part thereof, has been

concealed, removed, or disposed of, to prevent its being found or taken by the marshal.

4. When the defendant has been guilty of a fraud in contracting

the debt or incurring the obligation for which the action is brought

or in concealing or disposing of the property for the taking, detention, or conversion, of which the action is brought.

5. AVlien the defendant has removed or disposed of his property,

or is about to do so, with intent to defraud his creditors.

363
T. 4, §293] THE CODE OF CIVIL PROCEDURE

Ceoss-References

Arrest of witness, see sections 2048, 2049, and 2144 to 2147 of this title. Arrest for disobedience of order to produce will, see section 1215 of this title. Arrest, when ordered in action for forcible entry and detainer, see section 1149 of this title. Arrest of person suspected of embezzlement from or concealment of papers of

in estate, see section 1453 of this title. Executor, attachment of, for failure to account, see sections 1573 and 1574

>f this title. Arrest of debtor, when ordered in supplementary proceedings, see section 622

f this title. Arrest in contempt proceedings, see section 1165 of this title. Executor, arrest of, to compel attendance, see section 1415 of this title. 293. Affidavit to obtain order, what to contain.—The order for

the arrest of the defendant may be made whenever it appears to the

judge, by the affidavit of the plaintiff, or some other person, that a

sufficient cause of action exists, and that the case is one of those

mentioned in the next preceding section. The affidavit must be either

positive or upon information and belief ; and when upon information

and belief, it must state the facts upon which the information and

belief are founded. If an order of arrest be made, the affidavit must

be filed with the clerk of the court. Cross-Refekence

AflSdavit for arrest in magistrate's court, see section 732 of this title. 294. Security by plaintiff before order of arrest.—Before making

the order, the judge must require a w^ritten undertaking on the part

of the plaintiff', with sureties in an amount to be fixed by the judge,

which must be at least $500, to the effect that the plaintiff will \)ay

all costs which may be adjudged to the defendant, and all damages

which he may sustain by reason of the arrest, if the same be wrongful, or without sufficient cause, not exceeding the sum specified in the undertaking. The undertaking must be filed with the clerk of

the court. Cross-References

Undertakings, generally, see sections 304 and 962 of this title. Security by plaintiff before order of arrest in magistrate's court, see section 732 of this title. Bail for release, see section 299 of this title. Liability of sureties generally, see title 3, sections 2131 et seq.

295. Order, when made, and its form.—The order may be made

at the time of the issuing of the summons, or any time afterwards

before judgment. It must require the marshal forthwith to arrest the defendant and hold him to bail in a specified sum, and to return

the order at a time therein mentioned, to the clerk of the court. 296. Affidavit and order to be delivered to the marshal, and

copy to defendant.—The order of arrest, with a copy of the affidavit upon which it is made, must be delivered to the marslial, who, U])on

arresting the defendant, must deliver to him a copy of the affidavit,

and also, if desired, a copy of the order of arrest.

364
THE CODE OF CIVIL PROCEDURE

297. Arrest, how made'.—The marshal must execute the order by

arresting the defendant and keepino- him in custody until discharged

by law.

Ckoss-Refekencei

Advancing funds for .siinport of prisoner, see section 1132 of this title. 298. Defendant to be discharged on bail or deposit.—The defendant, at any time before execution, must be discharged from

the arrest, either upon giving bail or upon depositing the amount

mentioned in the order of arrest. Ckoss-Refeksnces

Deposit of money, see section 309 of this title. Discharge of prisoners arrested on civil process, see sections 1121 to 1132 of

this title. 299. Bail, hov/ given.—The defendant may give bail by causing a written undertaldng to be executed by two or more suilicient sureties, to the effect that they are bound in the amount mentioned in the

order of arrest, that the defendant will at ail times render himself

amenable to the process of the court, during the pendency of the

action, and to such as may be issued to enforce the judgment therein, or that they will pay to the plaintiff the amount of any judgment

which may be recovered in the action.

Ceoss-Eeferences

Bail, qualifications of, see sections 306 and 063 of this title. Bail, defined, see title 3, section 2049. 300. Surrender of defendant.—At any time before judgment, or within ten days thereafter, the bail may surrender the defendant in

their exoneration; or he may surrender himself to the marshal.

301. Same.—For the purpose of surrendering the defendant, the

bail, at any time or place before they are finally charged, may themselves arrest, or, by a written authority indorsed on a certified cop}'^

of the undertaking, may empower the marshal to do so. Upon the

arrest of defendant by the marshal, or upon his delivery to the marshal by the bail, or upon his own surrender, the bail are exonerated,

if such arrest, delivery, or surrender take place before the expiration

of ten days after judgment; but if such arrest, delivery, or surrender

be not made within ten days after judgment, the bail are finally

charged on their undertaking, and bound to pay the amount of the

judgment within ten days thereafter.

302. Bail, how proceeded against.—If the bail neglect or refuse

to pay the judgment within ten days after they are finally charged, an action may be commenced against such bail for the amount of the

'original judgment.

Cross-Refekencb

Obligations of bail, see title 3, section 2049. 303. Bail, how exonerated.—The bail are exonerated by the death

of the defendant or his imprisonment in jail or in the penitentiar}'. or by his legal discharge from the obligation to render himself

amenable to the process.

365
T.4, §304] THE CODE OF CIVIL PROCEDURE

304. Delivery of undertaking to plaintiff, and its acceptance or

rejection by him.—Within the time limited for that purpose, the

marshal must file the order of arrest in the office of the clerk of the court in which the action is pending, with his return indorsed thereon,

together with a copy of the undertaking of the bail. The original

undertaking he must retain in his possession until filed, as herein

provided. The plaintiff, within ten days thereafter, may serve upon

the marshal a notice that he does not accept the bail, or he is deemed

to have accepted them, and the marshal is exonerated from liability.

If no notice he served within ten days, the original undertaking

must be filed with the clerk of the court. 305. Notice of justification; new undertaking, if other bail.—

Within five days after the receipt of notice, the marshal or defendant may give to the plaintiff or his attorney notice of the justification of the same, or other bail (specifying the places of residence and

occupations of the latter), before the judge or clerk of the court, at a specified time and place ; the time to be not less than five nor more

than ten days thereafter, except by consent of the parties. In case other bail be given, there must be a new undertaking.

Cross-References

Justification of bail, see section 307 of tliis title. Filing of undertaking, see section 294 of this title. 306. Qualifications of bail.—The qualifications of bail are as follows

1. Each of them must be a resident of the Canal Zone.

2. Each must be worth the amount specified in the order of

arrest, or the amount to which the order is reduced, as provided in

this article, over and above all his debts and liabilities, exclusive

of i^roperty exempt from execution; but the judge or clerk, on justification, may allow more than two sureties to justify severally, in amounts less than that expressed in the order, if the whole justification be equivalent to that of two sufficient bail. Cross-Rhfebencb

Qualifications of bail, see also section 963 of this title. 307. Justification of bail.—For the purpose of justification, each

of the bail must attend before the judge or clerk, at the time and

place mentioned in the notice, and may be examined on oath on the

part of the plaintiff, touching his sufficiency, in such manner as the

judge or clerk, in his discretion, may think proper. The examination must be reduced to writing, and subscribed by the bail, if required by the plaintiff.

308. Allowance of bail.—If the judge or clerk find the bail suffi- cient, he must annex the examination to the undertaking, indorse

his allowance thereon, and cause them to be filed, and the marshal

is thereupon exonerated from liability.

309. Deposit of money with marshal.—The defendant may, at the time of his arrest, instead of giving bail, deposit with the marshal the amount mentioned in the order. In case the amount of the

366
THE CODE OF CIVIL PROCEDURE [T. 4, § 315

bail be reduced, as provided in this article, the defendant may deposit such amount instead of giving bail. In either case the marshal

must give the defendant a certificate of the deposit made, and the

defendant must be discharged from custody.

Cross-Reifbrence

Deposit of money, see section 298 of this title.

310. Payment of money into court by marshal.—The marshal

must, immediately after the deposit, pay the same into court, and

take from the clerk receiving the same two certiiicates of such payment, the one of which he shall deliver to the plaintiff's attorney,

and the other to the defendant. For any default in making such

payment, the same proceedings may be had on the official bond of

the marshal, to collect the sum deposited, as in other cases of

delinquency.

311. Substituting bail for deposit.—If money is deposited, as provided in sections 309 and 310 of this title, bail may be given and may

justify upon notice, at any time before judgment; and on the filing

of the undertaking and justification with the clerk, the money deposited must be refunded to the defendant.

312. Money deijosited, how applied or disposed of.—Where

money has been deposited, if it remain on deposit at the time of the

recovery of a judgment in favor of the plaintiff, the clerk must,

under the direction of the court, apply the same in satisfaction

thereof; and after satisfying the judgment, refund the surplus, if any, to the defendant. If the judgment is in favor of the defendant,

the clerk must, under like direction of the court, refund to him the

whole sum deposited and remaining unapplied.

313. Marshal, when liable as bail, and his discharge from lia- bility.—If, after being arrested, the defendant escape or is rescued,

the marshal is liable as bail ; but he may discharge himself from such

liability by the giving of bail at any time before judgment.

314. Proceedings on judgment against marshal.—If a judgment

is recovered against the marshal upon his liability as bail, and

an execution thereon is returned unsatisfied in whole or in part, the same proceedings may be had on his official bond, for the recovery

of the whole or any defi.ciency, as in other cases of delinquency.

315. Motion to vacate order of arrest or reduce bail; aflSdavits on motion.—A defendant arrested may, at any time before the trial of the action, or if there be no trial, before the entry of judgment,

apply to the court or judge, upon reasonable notice, to vacate the

order of arrest or to reduce the amount of bail. If the application

be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs,

in addition to those on which the order of arrest was made.

Cross-Refeeence

Discharge of persons imprisoned on civil process, see sections 1121 et seq., of

this title. 367
T. 4, § 316] THE CODE OF CIVIL PROCEDURE

316. When the order vacated or bail reduced.—If, upon such application, it apiDcars that there was not sufficient cause for the arrest, the order must be vacated ; or if it appears that the bail was fixed too high, the amount must be reduced.

ARTICLE 2—CLAIM AND DELIVERY OF PERSONAL PROPERTY

Sec. 321. Delivery of personal property, when

it may be ciaimed.

Affidfivit and its requisites. Requisition to marshal to take and

deliver the property. Security on the part of the plaintiff, and proceedings in serving the

order. Exception to sureties and proceedings

thereon, or on failure to except. 326. Defendant, when entitled to redelivery.

399

323!

324.

325.

Sec. M27. Justification of defendant's sureties. 328. Qualifications of sureties. 329. Property, how taken when concealed

in building or inclosure. 330. Property, how kept. 331. Claim of property by third person.

332. Notice and affldavit, when and where

to be filed. 333. Protection of plaintiff in possession

of property.

321. Delivery of personal property, when it may be claimed.—

The plaintili' in an action to recover the possession of personal property may, at the time of issuing the summons, or at any time before answer, claim the delivery of such property to him as provided in

this article. Cross-Refekknces

Joinder of action to recover personal property with damages for withholding,

see section 204 of this title. Claim of third per.son to property, see section 589 of this title. Execution for the delivery of personal property, how executed, see section 583 of this title. Verdict and judgment in action to recover personal property, see sections 484 and 544 of this title. 322. Affidavit and its requisites.—Where a delivery is claimed, an affidavit must be made by the plaintiff, or by someone in his

behalf, showing

1. That the plaintiff is the owner of the property claimed (particularly describing it), or is entitled to the possession thereof;

2. That the property is wrongfully detained by the defendant;

3. The alleged cause of the detention thereof, according to his best

knowledge, information, and belief;

4. That it has not been taken for a tax, assessment, or fine, pursuant to a statute; or seized, under an execution or an attachment

against the property of the plaintiff; or, if so seized, that it is by

statute exempt from such seizure;

5. The actual value of the property.

Ceoss-Reference

Incorrect statement of value in aifidavit, see section 275 of this title. 323. Requisition to marshal to take and deliver the property.—

The plaintiff' or his attorney may, thereupon, by an indorsement in writing upon the affidavit, require the marshal to take the property

from the defendant.

324. Security on the part of the plaintiff, and proceedings in

serving the order.—Upon a receipt of the affidavit and notice, with

a written undertaking, executed by two or more sufficient sureties,

approved by the marshal, to the effect that they are bound to the

368
THE CODE OF CIVIL PROCEDURE [T. 4, § 327 defendant in double the Vcalue of the property as stated in the affidavit for the prosecution of the action, for the return of the property to the defendants, if return thereof be adjudged, and for the payment

to him of such sum as may from any cause be recovered against the

phiintiff, the marshal must forthwith take the property described

in the affidavit, if it be in the possession of the defendant or his

agent, and retain it in his custody. He must, without delay, serve on

the defendant a copy of the affidavit, notice, and undertaking, by

delivering the same to him personally, if he can be found, or to his

agent from whose possession the property is taken ; or, if neither can

be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion, or, if neither have any

known place of abode, by putting them in the nearest post office, directed to the defendant.

Cross-Reifebences

Qualifications of sureties, see sections 306 and 963 of this title. Eeturn of property to defendant, see sections 484 and 544 of this title. Dismissal of action, see section 415 of this title. Value stated in affidavit not conclusive evidence, see section 275 of this title. 325. Exception to sureties and proceedings thereon, or on fail- ure to except.—The defendant may, within two days after the service of a copy of the affidavit and undertaking, give notice to the

marshal that he excepts to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When

the defendant excepts, the sureties must justify on notice in like manner as upon bail on arrest; and the marshal is responsible for

the sufficiency of the sureties until the objection to them is either

waived or until they justify. If the defendant except to the sureties,

he cannot reclaim the property as provided in the section next

following.

Ceoss-Refekence

Justification of sureties, see sections 300, 307, and 963 of this title. 326. Defendant, when entitled to redelivery.—At any time before

the delivery of the property to the plaintiff, the defendant may, if he do not except to the sureties of the plaintiff, require the return

thereof, upon giving to the marshal a written undertaking, executed

by two or more sufficient sureties, to the effect that they are bound in

double the value of the property, as stated in the affidavit of the

plaintiff, for the delivery thereof to the plaintiff, if such delivery

be adjudged, and for the payment to him of such sum as may, for

any cause, be recovered against the defendant. If a return of the

property be not so required within five days after the taking and

service of notice to the defendant, it must be delivered to the plaintiff, excej3t as provided in section 331 of this title. Cross-Refeeence

Qualifications of sureties, sections 306, 307, and 9G3 of this title. 327. Justification of defendant's sureties.—The defendant's sureties, upon notice to the plaintiff of not less than two or more than

369
T. 4, § 328] THE CODE OF CIVIL PROCEDURE

five days, must justify before the judge or clerk of the court, in the same manner as upon bail on arrest; and uj^on such justification the

marshal must deliver the property to the defendant. The marshal

is responsible for the defendant's sureties until they justify, or until

the justification is completed or waived, and may retain the property until that time. If they, or others in their place, fail to justify

at the time and place appointed, he must deliver the property to the

plaintiff.

328. Qualifications of sureties.—The qualifications of sureties

must be such as are prescribed b}^ this title, in respect to bail upon

an order of arrest. Cross-Refehencb

Qualifications of sureties, see sections 306, 307, and 963 of this title. 329. Property, how taken when concealed in building or in- closure.—If the property, or any part thereof, be concealed in a building or inclosure, the marshal must publicly demand its deliv- ery. If it be not delivered, he must cause the building or inclosure

to be broken open, and take the propert}'^ into his possession.

330. Property, how kept.—When the marshal has taken property, as in this article provided, he must keep it in a secure place,

and deliver it to the party entitled thereto, upon receiving his fees

for taking and his necessary expenses for keeping the same.

331. Claim of property by third person.—If the property taken

be claimed by any other person than the defendant or his agent,

and such person make affidavit of his title thereto, or right to the

possession thereof, stating the grounds of such title or right, and

serve the same upon the marshal, the marshal is not bound to keep

the property or deliver it to the plaintiff, unless the plaintiff, on demand of him or his agent, indemnify the marshal against such

claim, by an undertaking by two sufficient sureties; and no claim

to such property by any other person than the defendant or his agent

is valid against the marshal unless so made.

332. Notice and affidavit, when and where to be filed.—The marshal must file the notice, undertaking, and affidavit, with his proceedings thereon, with the clerk of the court, within twenty days

after taking the property mentioned therein.

333. Protection of plaintiff in possession of property.—After the

property has been delivered to the phiintift' as in this article pro- vided, the court shall, by appropriate order, protect the plaintiff in

possession of said property until the final determination of the action.

ARTICLE 3.—INJUNCTION

Sec. 341. Injunction, what Is, and who may

Krant it. 342. When injunction may be granted or may not. 343. nijnnction; time of granting; service

of copy.

Sec.

;)44. Injunction after nnswer.

;'.45. Security upon injunction.

;546. Motion to vacate or modify injunc- tion ; procedure.

341. Injunction, what is, and who may grant it.—An injunction

is a writ or order requiring a person to refrain from a particular

370
THE CODE OF CIVIL PROCEDURE [T. 4, § 343

act. It may be granted by the district court, or the judge thereof,

in any action brought in said court; and when granted by the judge,

it may be enforced as an order of the court. Ceoss-References

Disobedience to injunction as contempt, see section 11G3 of this title. Limitations, liow affected by injunction, see section 107 of this title. Proceedings to obtain injunction, see sections 343 to 346 of this title. Power to grant injunction in chambers, see section 27 of this title. Review of interlocutory order or decree, granting, continuing, modifying,

refusing, or dissolving an injunction, see U.S. Code, title 28, section 227 (appendix, p. i)S2)

342. When injunction may be granted or may not.—An injunction ma}^ be granted in the following cases

1. When it appears by the complaint that the plaintiff is entitled

to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually;

2. When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would pro- duce waste, or great or irreparable injury, to a party to the action;

3. When it appears, during the litigation, that a party to the

action is doing, or threatens, or is about to do, or is procuring or

suffering to be done, some act in violation of the rights of another

party to the action respecting the subject of the action, and tending

to render the judgment ineffectual;

4. When pecuniary compensation would not afford adequate relief

5. Where it would be extremely difficult to ascertain the amount

of compensation which -should afford adequate relief;

6. Where the restraint is necessary to prevent a multiplicity of

judicial proceedings

7. Where the obligation arises from a trust. An injunction cannot be granted

1. To stay a judicial proceeding pending at the commencement of

the action in which the injunction is demanded, unless such restraint

is necessary to prevent a multiplicity of such proceedings;

2. To prevent the execution of a public statute by officers of the

law for the public benefit;

3. To prevent the breach of a contract, the performance of which

would not be specifically enforced;

4. To prevent the exercise of a public or private office, in a lawful

manner, by the person in possession.

Cross-Refeeences

Effect of granting on statute of limitations, see section 107 of this title. Preventive relief only given in specified cases, see title 3, section 2611. Not granted to enforce forfeiture or penalty, see title 3, section 2684. Preventive relief, how given, see title 3, section 2683. Enjoining nuisance, see section 651 ; and title 3, section 2684. Mortgage, restraining party in possession from waste during foreclosure,

see section 668 of this title. 343. Injunction; time of granting; service of copy.—An injunction may be granted at any time before judgment upon a verified

complaint, or upon affidavits if the complaint in the one case, or

371
T.4, §344] THE CODE OF CIVIL PROCEDURE

Ihe affidavits in the other, show satisfactorily that sufficient grounds

exist tlierefor. A copy of tlie complaint or of the affidavits, upon

which the injunction was granted, must, if not previously served,

be served therewith.

Notice.—No preliminary injunction shall be granted without notice

to the opposite party; nor shall any temporary restraining order

be granted without notice to the opposite party, unless it shall appear

from facts shown by affidavit or by the verified complaint that

great or irreparable injury would result to the applicant before the

matter can be heard on notice. In case a temporary restraining

order shall be granted without notice, in the contingency above specified, the matter shall be made returnable on an order requiring

cause to be shown why the injunction should not be granted, on the

earliest day that the business of the court will admit of, but not

later than ten days from the date of such order.

Party obtaining order must be ready; service of complaint,

APFiDAviTS AND POINTS AND AUTHORITIES.—When the matter first comes up for hearing the party who obtained the temporary restraining

order must be ready to proceed and must have served upon the

opposite party at least two days prior to such hearing, a copy of

the complaint and of all affidavits to be used in such application and

a copy of his points and authorities in support of such application;

if he be not ready, or if he shall fail to serve a copy of his complaint,

affidavits and points and authorities, as herein required, the court

shall dissolve the temporary restraining order.

Defendant entitled to continuance.—The defendant, however,

shall be entitled, as of course, to one continuance for a reasonable

period, if he desires it, to enable him to meet the application for the

preliminary injunction.

Counter-affidavits,—The defendant may, in response to such

order to show cause, present affidavits relating to the granting of

the preliminary injunction, and if such affidavits are served on the

applicant at least two days prior to the hearing, the applicant shall

not be entitled to any continuance on account thereof.

Precedence.—On the day upon which such order is made returnable, such hearing shall take precedence of all other matters on the

calendar of said day, except older matters of the same character, and

matters to which special precedence may be given by law. When

the cause is at issue it shall be set for trial at the earliest possible

date and shall take precedence of all other cases, except older matters

of the same character, and matters to which special precedence may

be given by law.

344. Injunction after answer.—An injunction cannot be allowed

after the defendant has answered, unless upon notice or Ujjon an order to show cause; but in such case the defendant may be restrained

until the decision of the court or judge granting or refusing the

injunction.

345. Security upon injunction.—On granting an injunction, the court or judge must require, except Avhen it is granted on the application of the Government, or a wife against her husband, a written

undertaking on the part of the applicant, with sufficient sureties,

372
THE CODE OF CIVIL PROCEDURE [T. 4, § 351

to the effect that he will pay to the party enjoined such damages,

not exceeding an amount to be specified, as such party may sustain

by reason of the injunction, if the court finally decides that the

applicant was not entitled thereto. Within five days after the

service of the injunction, the person enjoined may except to the

sufficiency of the sureties, and unless within five days thereafter, upon

notice of not less than two days to the person enjoined, such sureties, or others in their place, justify before the judge or clerk of the

court at a time and place designated in such notice, the order granting

the injunction must be dissolved.

Ckoss-Reiferences

Undertaking delivered to defendant on dismissal, see section 415 of this

title. Qualifications of surietes, see sections 300 and 963 of this title. Justification of sureties, see section 307 of tliis title. Exception to sureties, see section 325 of this title. 346. Motion to vacate or modify injunction; procedure.—If an

injunction is granted without notice to the person enjoined, he may

apply, upon reasonable notice to the district court or judge, to dis- solve or modify the same. The application may be made upon the

complaint or the affidavit on which the injunction was granted, or upon affidavit on the part of the person enjoined, with or without

the answer. If the application is made upon affidavits on the part

of the person enjoined, but not otherwise, the person against whom

the application is made may oppose the same by affidavits or other

evidence in addition to that on which the injunction was granted.

Cross-Refeeences

Vacating orders made out of court, see section 861 of this title. Appeal from refusal to dissolve, or modify injunction, see U.S. Code, title 28, section 227 (appendix, p. 982).

ARTICLE 4.—ATTACHMENT

Sec. 351.

352.

353.

354.

355.

356. 357.

S58. 359.

360.

361.

362.

363.

Attacliment, when and in what cases may issue. -XfBdavit for attachment. Undertaking on attachment ; exceptions to sureties.

Wi-it, to whom directed and what to

state. Shares of stock and debts due de- fendant, how attached and disposed

of. How real and personal property shall be attached. Attachment lien on real property. Attorney to give written instructions

to marshal what to attach. Garnishment, when garnishee liable to

plaintiff. Citation to garnishee to appear be- fore the court or judge. Inventory, how made ; party refusing

to give memorandum may be compelled to pay costs. Perishable property, how sold ; disposition of proceeds ; accounts to be

collected without suit. Property attached may be sold as

uniliT execution, if the interests of

the parties require.

Sec. 364. When property claimed by a third

party, how tried. 365. If plaintiff obtains judgment, how

satisfied. 306. When there remains a balance due, how collected. 367. When suits may be commenced on the uudeitaking.

308. If defendant recovers judgment, what

the marshal is to deliver. 369. Proceedings to release attachments.

370. Requirements by court for release of attachment.

371. When a motion to discharge attach- ment may be made, and upon what

grounds.

372. When motion made on affidavit, it may he opposed by affidavit. 373. When writ must be discharged.

!74. When writ to be returned.

375. Release of real property from attach- ment.

376. Attachment of interest of defendant

in estate of decedent.

351. Attachment, when and in what cases may issue.—The

plaintiff, at the time of issuing the summons, or at any time after- 373
T. 4, § 352] THE CODE OF CIVIL PROCEDURE

ward, may have the property of the defendant attached, as security

for the satisfaction of any judgment that may be recovered, unless

the defendant give security to pay such judgment, as in this article provided, in the following cases

1. In an action upon a contract, express or implied, for the direct

payment of money, where the contract is made or is payable in the

Canal Zone, and is not secured by any mortgage or lien upon real or personal property, or any pledge of personal property, or, if originally so secured, such security has, without any act of the plaintiff, or the person to whom the security was given, become valueless.

2. In an action upon a contract, express or implied, against a defendant not residing in the Canal Zone.

3. In an action against a defendant, not residing in the Canal

Zone, to recover a sum of money as damages, arising from an injury

to property in the Zone, in consequence of negligence, fraud, or other

wrongful act. Ckoss-Refeeences

Garnishment, see sections 356, and 358 to 360 of this title. Attacliments in magistrates' courts, see sections 741 to 744 of this title.

352. Affidavit for attachment.—The clerk of the court must issue

the writ of attachment upon receiving an affidavit by or on behalf

of the plaintiff showing:

1. The facts specified in the next preceding section which entitle him to the writ;

2. The amount of the indebtedness claimed, over and above all legal set-offs or counterclaims, or the amount claimed as damages;

and

3. That the attachment is not sought, and the action is not prosecuted, to hinder, delay, or defraud any creditor of the defendant.

353. Undertaking on attachment; exceptions to sureties.—Before issuing the writ, the clerk must require a written undertaking on the part of the plaintiff, in a sum not less than $200 and not

exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff

will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment, not

exceeding the sum specified in the undertaking, and that if the

attachment is discharged on the ground that the plaintiff was not

entitled thereto under section 351 of this title, the plaintiff will pay

all damages which the defendant may have sustained by reason of

the attachment, not exceeding the sum specified in the undertaking.

At anj^ time after the issuing of the attachment, but not later than

five days after actual notice of the levy thereof, the defendant

may except to the sufficiency of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When excepted

to, the plaintiff's sureties, upon notice to the defendant of not less than two or more than five days, must justify before the judge or clerk of the court in the same manner as upon bail on arrest; and

upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the judge or clerk must issue an order

vacating the writ of attachment,

874
THE CODE OF CIVIL PROCEDURE [T. 4, § 355

CR08S-ReFE3RENCES

Justification of sureties, see sections 307 and 370 of tliis title. Qualifications of sureties, see section SJC3 of this title. Undertaking to discharge attachment, see section 370 of this title. Counter-undertaking to prevent levy, see section 354 of this title. Dismissal of action on, see section 415 of this title. Amendment of undertaking for attachment, see section 373 of this title. 354. Writ, to whom directed and what to state.—The writ must

be directed to the marshal, and must require him to attach and safely

keep all the property of such defendant within the Canal Zone not

exempt from execution, or so much thereof as may be sufficient to

satisfy the plaintiff's demand against such defendant, the amount of

which must be stated in conformity with the complaint, unless such

defendant give him security by the undertaking of at least two sufficient sureties in an amount sufficient to satisfy such demand against

such defendant, besides costs, or in an amount equal to the value of

the property of such defendant which has been or is about to be

attached ; in which case to take such undertaking.

If more than one defendant.—In the event that the action is against more than one defendant, any defendant whose property

has been or is about to be attached in such action may give the

marshal such undertaking, and the marshal shall take the same,

and such undertaking shall not subject such defendant to or be

answerable for any demand against any other defendant, nor shall

the marshal thereby be prevented from attaching or be obliged to

release from attachment, any property of any other defendant:

Provided^ however^ That such defendant, at the time of giving such

undertaking to the marshal, shall file with the marshal, a state- ment, duly verified under oath, wherein such defendant shall aver and declare that the other defendant or defendants in the action

in which said undertaking was given has or have not any interest or claim of any nature whatsoever in or to said property. Such

statement must further contain the character of such defendant's

title and the manner in which he acquired title to such attached

property: Provided further^ That before said attachment shall be

released, the undertaking required by this section must be approved

by the judge or, in the absence or disability of the judge, by the

clerk of the court. Ckoss-Reference

Suit on undertaking, see section 367 of this title. 355. Shares of stock and debts due defendant, how attached

and disposed of.—The rights or shares which the defendant may

have in the stock of any corporation or company, together with the

interest and profit thereon, and all debts due such defendant, and all other property in the Canal Zone of such defendant not exempt from

execution, may be attached, and if judgment be recovered, be sold

to satisfy the judgment and execution.

Cross-Refeeences

Garnishment generally, see sections 358 to 360 of this title. Mortgaged personal property, attachment of, see title 3, section 2268. What is property, see section 8 of this title. 375
T. 4, § 356] THE CODE OF CIVIL PROCEDURE

356. How real and personal property shall be attached.—The

marshal to whom the writ is directed and delivered, must execute

the same without delay, and if the undertaking mentioned in section

854 of this title be not given, as follows

1. Real property must be attached, by filing with the registrar

of property a copy of the writ, together with a description of the

property attached, and a notice that it is attached; and by leaving a similar copy of the writ, description, and notice with an occupant

of the property, if there is one; if not, then by posting the same in a conspicuous place on the property attached.

2. Real property, or an interest therein, belonging to the defendant, and held by any other person, must be attached, by filing with

the registrar of property a copy of the writ, together with a description of the property, and a notice that such real property, and any

interest of the defendant therein, held by or standing in the name

of such other person (naming him), are attached; and by leaving

with the occupant, if any, and with such other person, or his agent,

if known and within the Canal Zone, or at the residence of either,

if within the Canal Zone, a copy of the writ, with a similar description and notice. If there is no occupant of the property, a copy of

the writ, together with such description and notice, must be posted

in a conspicuous place upon the property. The registrar must

index such attachment when filed, in the names, both of the

defendant and of the person by whom the property is held.

3. Personal property, capable of manual delivery, must be

attached by taking it into custody.

4. Stocks or shares, or interest in stocks or shares, of any cor- poration or company, must be attached by leaving with the president, or other head of the same, or the secretary, cashier, or other

managing agent thereof, a copy of the writ, and a notice stating

that the stock or interest of the defendant is attached, in pursuance

of such writ.

5. Debts and credits and other personal property, not capable of

manual delivery, must be attached by leaving with the person

owing such debts, or having in his possession, or under his control,

such credits and other personal property, or with his agent, a copy

of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession, or under his control, belonging to the defendant, are attached in pur- suance of such writ, except in the case of attachment of growing

crops, a copy of the writ, together with a description of the property attached, and a notice that it is attached, shall be recorded the same as in the attachment of real property.

Cross-References

Attachment lien, see title 3. section 2316. Fraudulent transfers, see title 3, sections 2753, and 2761 to 2703. Attachment of mortgaged property, see title 3, sections 226S to 2-70. 357. Attachment Hen on real property.—The lien of the attachment on real property attaches and becomes effective upon the

filing of a copy of the writ, together with a description of the property attached and a notice that it is attached, with the registrar of

876

<l
THE CODE OF CIVIL PROCEDURE [T. 4, § 360 property: Provided, however, That in event that the marshal does

not complete the execution of said writ in the manner prescribed

in the next preceding section within a period of fifteen days next

following said filing in the registrar's office then said lien shall cease

at the expiration of said period of fifteen days.

Expiration; extension.—The attachment whether heretofore

levied or hereafter to be levied shall be a lien upon all real property

attached for a period of three years after the date of levy unless sooner released or discharged as provided in this article, by dis- missal of the action or by entry and docketing of judgment in the

action. At the expiration of three years the lien shall cease and any

proceeding or proceedings against the property under the attachment shall be barred : Provided, That upon motion of a party to the action, made not less than five nor more than sixty days before

the expiration of said period of three years, the court in which the

action is pending may extend the time of said lien for a period not

exceeding two years from the date on which the original lien would

expire, and the lien shall be extended for the period specified in the

order upon the filing, before the expiration of the existing lien, of a

certified copy of the order with the registrar of propert}^ The lien

ma}^ be extended from time to time in the manner herein prescribed.

CK08S-RE3FEKENCES

Extinction of lien by sale of property, see title 3, seciion 2222. Lien of ofBeer attaching property, see title 3, section 2316. Lien transfers n(.) title, see title 3, section 2191. 358. Attorney to give written instructions to marshal what to

attach.—Upon receiving information in writing from the plaintiff or his attorney, that any person has in his possession, or under his

control, any credits or other personal property belonging to the

defendant, or is owing any debt to the defendant, the marshal must

serve upon such person a copy of the writ, and a notice that such

credits, or other property or debts, as the case may be, are attached

in pursuance of such writ.

359. Garnishment, when garnishee liable to plaintiif.—All per- sons having in their possession, or under their control, any credits or other personal property belonging to the defendant, or owing

any debts to the defendant at the time of service upon them of a copy of the writ and notice, as provided in sections 357 and 358 of

this title, shall be, unless such property be delivered up or transferred, or such debts be paid to the marshal, liable to the plaintiff

for the amount of such credits, property, or debts, until the attachment be discharged, or any judgment recovered by him be satisfied. 360. Citation to garnishee to appear before the court or judge.—

Any person owing debts to the defendant, or having in his possession or under his control, any credits or other jDersonal property belonging

to the defendant, may be required to attend before the court or

judge, or in case of the absence or disability of the judge by the

clerk of the court, and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of

giving information respecting his property, and may be examined

93083—34 25 377
T.4, §361] THE CODE OF CIVIL PROCEDURE

Oil oath. The court or judge may, after such examination, order

personal property, capable of manual delivery, to be delivered to the marshal on such terms as may be just, having reference to any

liens thereon or claims against the same, and a memorandum to be given of all other personal property, containing the amount and

description thereof.

CEUSS-REFEaiKNCE

Compare proceedings supplementary to execution, see sections 621 to 628 of

this title. 361. Inventory, how made; party refusing to give memorandum

may be compelled to pay costs.—The marshal must make a full in- ventory of the property attached, and return tlie same witli the writ.

To enable him to make such return as to debts and credits attached,

he must request, at the time of service, the party owing the debt or having the credit to give him a memorandum, stating the amount and

description of each; and if such memorandum be refused, he must

return the fact of refusal with the writ. The party refusing to give

the memorandum ma}' be required to pay the costs of any proceedings

taken for the purpose of obtaining information respecting the

amounts and description of such debt or credit.

Ckoss-Refeeence Return of writ generally, see section 374 of this title. 362. Perishable property, how sold; disposition of proceeds;

accounts to be collected without suit.—If any of the property

attached be perishable, the marshal must sell the same in the manner in which such property is sold on execution. The proceeds, and

other property attached by him, must be retained by him to answer any judgment that may be recovered in the action, imlcss sooner

subjected to execution upon another judgment recovered previous

to the issuing of the attachment. Debts and credits attached may be

collected by him, if the same can be done without suit. The marshal's

rceipt is a sufficient discharge for the amount paid.

Cross-Reference

Judgment, how satisfied, see section 365 of this ttile. 363. Property attached may be sold as under execution, if the

interests of the parties require.—Whenever property has been taken

by an officer under a writ of attachment, and it is made to ai)pear

satisfactorily to the court or the judge thereof that the interest of

the parties to the action will be subserved by a sale thereof, the court or judge ma}' order such property to be sold in the same manner

as property is sold under an execution, and the proceeds to l)e deposited in the court to abide the judgment in the action. Such

order can be made only upon notice to the adverse party or his

attorney, in case such party has been personally served with a summons in the action.

361. When property claimed by a third party, how tried.—If

any personal property attached be claimed by a third person as

8T8
TEE CODE OF CIVIL PROCEDURE [T. 4, § 309

liis property, the same rules shall prevail as to the contents and

making of said claim, and as to the holding of said jDi-operty, as in case of a claim after levy upon execution, as })rovided for in section

589 of this title. 365. If plaintiff obtains judgment, how satisfied.—If judgment

be recovered by the plaintiff, the marshal must satisfy the same out

of the property attached by him which has not been delivered to the

defendant, or a claimant as hereinbefore provided, or subjected to execution on another judgment recovered previous to the issuing of

the attachment, if it be sufficient for that purpose

1. By paying to the plaintiff the proceeds of all sales of perishable

property sold by him, or of any debts or credits collected by him,

or so much as shall be necessary to satisfy the judgment:

2, If any balance remain due, and an execution shall have been

issued on the judgment, he must sell under the execution so much

of the property, real or personal, as may be necessary to satisfy the

balance, if enough for that purpose remain in his hands. Notices

of the sales must be given, and the sales conducted as in other cases of sales on execution.

Cross-Refekences

Sales on execution, see sections 592 to 610 of this title. Perishable property, how sold, see section 362 of this title. 366. When there remains a balance due, how collected.—If,

after selling all the property attached by him remaining in his hands,

and applying the proceeds, together with the proceeds of any debts

or credits collected by him, deducting his fees, to the payment of the

judgment, any balance shall remain due, the marshal must proceed

to collect such balance, as upon an execution in other cases. Whenever the judgment shall have been paid, the marshal, upon reasonable

demand, must deliver over to the defendant the attached property

remaining in his hands, and any proceeds of the property attached

iniapplied on the judgment.

367. When suits may be commenced on the undertaking.—If

the execution be returned, unsatisfied, in whole or in part, the plaintiff may prosecute any undertaking given pursuant to section 354 or

section 370 of this title, or he may proceed, as in other cases, upon

the return of an execution.

368. If defendant recovers judgment, what the marshal is to

deliver.—If the defendant recovers judgment against the plaintiff

and no appeal is perfected and undertaking executed, any undertaking received in the action, all the proceeds of sales and money col- lected by the marshal, and all the property attached, remaining in

the marshal's hands, must be delivered to the defendant or his agent,

the order of attachment be discharged, and the property released

therefrom.

369. Proceedings to release attachments.—Whenever any defendant has appeared in the action, such defendant may, upon rea- sonable notice to the plaintiff, apply to the district court, or to the

judge thereof, for an order to discharge the attachment wholly or in

part; and upon the execution of the undertaking mentioned in the

379
T. 4, §370] THE CODE OF CIVIL PROCEDURE

section next following, an order ma}' be made releasing from the

operation of the attachment, any or all of the property of such defendant attached; and all of the property so released and all of the

proceeds of the sales thereof, nuist be delivered to such defendant

upon the justification of the sureties on the undertaking, if required

by the plaintiff. Such justification must take place within five days

alter the notice of the filing of such undertaking.

Ceoss-Refebbnob

Appearance, see section 945 of this title. 370. Requirements by court for release of attachment.—Before

making such order, the court or judge must require an undertaking on behalf of such defendant, by at least two sureties, to the effect that in case the plaintiff' recovers judgment in the action against the

defendant, by whom or in whose behalf such undertaking shall be

given, such defendant will, on demand, redeliver the attached property so released to the proper officer, to be applied to the payment of

any judgment in such action against said defendant, or in default

thereof that such defendant and sureties will, on demand, pay to the

plaintiff the full value of the property released not exceeding the

amount of such judgment against such defendant. The court or judge making such order may fix the sum for which the undertaking

must be executed, and if necessary in fixing such sum to laiow the

value of the property released, the same may be appraised by one or more disinterested persons, to be appointed for that purpose. The

sureties may be required to justify before the court or judge and the

property attached cannot be released from the attachment without

their justification if the same is required.

Cboss-Refebences

Undertiikiug to prevent attachment, see section 354 of this title. Qualifications of sureties, see sections 306 and 963 of this title. Justification of sureties, see section 307 of this title. 371. When a motion to discharge attachment may be made, and

upon what grounds.—The defendant may also at any time, either

before or after the release of the attached propert}', or before any

attachment shall have been actually levied, apply, on motion, upon

reasonable notice to the plaintiff", to the coiu't, or to the judge thereof,

that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued.

Cross-Referbncb

Grounds for discharge, see section 373 of this title.

372. When motion made on affidavit, it may be opposed by affi- davit.—If the motion be made upon affidavits on the part of the

defendant, but not otherwise, the ]>laintiff' may oppose the same by

affidavits or other evidence, in addition to those on which the attachment was made.

373. When writ must be discharged.—If upon such application,

it satisfactorily appears that the writ of attachment was improperly

380
THE CODE OF CIVIL PROCEDURE [T. 4, § 37G

or irrefj;ularly issued it must be discharged; provided that such at- tachment shall not be discharged if at or before the hearing of such

application, the writ of attachment, or the affidavit, or undertaking

upon which such attachment was based shall be amended and made

to conform to the provisions of this article. Cross -Refeebnce Grounds for discharge, see also section 371 of this title.

374. When writ to be returned.—The marshal must return the

writ of attachment with the summons, if issued at the same timi

otherwise, within twenty daj^s after its receipt, with a certificate of

his proceedings indorsed thereon or attached thereto : and whenever

an order has been made discharging or releasing an attachment upon

real property, a certified copy of such order may be filed in the office of the registrar of property.

CROSS-REFEa?ENCE:S Notices of attachment filed, see section 35G of this title. Return of inventory with writ, see section 361 of this title.

375. Release of real property from attachment.—An attachment

as to any real property may be released by a writing signed by the

plaintiff, or his attorney, or the officer who levied the writ and ac- knowledged in the manner provided in chapter 22 of Title 3, The

Civil Code ; and upon the filing of such release, it is the duty of the

registrar of property to note the same on the record of the copy of

the writ on file in his office. Such attachment may also be released

by an entry in the margin of the record thereof, in the registrar's

office, in the manner provided for the discharge of mortgages under

section 2247 of title 3. Cross-Referbnce For chapter 22, see title 3, sections 491 et seq.

376. Attachment of interest of defendant in estate of decedent.—The interest of a defendant in personal property belonging

to the estate of a decedent, whether as heir, legatee, or devisee, may

be attached by serving the personal representative of the decedent

with a copy of tlie writ and a notice that said interest is attached.

Such attachment shall not impair the powers of the representative over the property for the purposes of administration. A copy of said

writ of attachment and of said notice shall also be filed in the office of the clerk of the court in which said estate is being administered

and the personal representative shall report such attachment to the

court when any petition for distribution is filed, and in the decree

made upon such petition distribution shall be ordered to such heir,

legatee, or devisee, but delivery of such property shall be ordered to the officer making the levy subject to the claim of such heir, legatee, or devisee, or any person claiming under him. The property shall not be delivered to the officer making the levy until the decree dis- tributing such interest has become final.

381
T.4, §381] THE CODE OF CIVIL PROCEDURE

ARTICLE 5.—RECEIVERS

Sec. 384. Oath and unclertaking of receiver.

.'IS.'j. Powers of receivers. MSG. Investment of funds.

oST. Notice of unclaimed funds in re- ceiver's hands ; disposition of.

Sec.

."81. Appointment of receivers. 382. Appointment of receivers upon disso- lution of corporation.

' 883. Receiver, restrictions on appointment

IX parte application, undertaicing on. 381. Appointment of receivers.—A receiver may be appointed by

the district court in an action pending therein, or by the judge of said court

1. In an action by a vendor to vacate a fraudulent purchase of

proj^erty, or by a creditor to subject any property or fund to his

claim, or between partners or others jointly owning or interested in

any property or fund, on the application of the plaintiff, or of any

party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property

or fund is in danger of being lost, removed, or materially injured;

2. In an action by a mortgagee for the foreclosure of his mortgage

and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially

injured, or that the condition of the mortgage has not been per- formed, and that the propert}^ is probably insufficient to discharge

the mortgage debt;

3. After judgment, to carry the judgment into effect;

4. After judgment, to dispose of the property according to the

judgment, or to preserve it during the pendency of an appeal, or in

proceedings in aid of execution, when an execution has been returned

unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment;

5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its cor- porate rights;

6. In all other cases where receivers have heretofore been appointed

by the usages of courts of equity.

Cross-Reference

Appeal from interlocutory oi'der or decree appointing a receiver, or refusing an order to wind up a pending receivership or to take appropriate steps to accomplish the purposes thereof, see U.S. Code, title 28, section 227 (appendix,

p. 982).

382. Appointment of receivers upon dissolution of corporations.—Upon the dissolution of any corporation having its principal

place of business in the Canal Zone, the district court, on application

of any creditor of the corporation, or of any stockliolder or member

thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effects thereof

and to collect the debts and property due and belonging to the cor- poration, and to pay the outstanding debts thereof, and to divide the

moneys and other property that shall remain over among the stockholders or members.

383. Receiver, restrictions on appointment; ex parte application,

undertaking on.—No party, or attorney of a party, or person inter382
THE CODE OF CIVIL PROCEDURE [T. 4, § 387

ested in an action, or related to the judge of the court by consanguinity or affinity within the third degree, can be apj)ointed receiver

therein without the Ma-itten consent of the parties, filed with the

clerk. If a receiver is appointed upon an ex parte application, the

court, before making the order, must require from the applicant an

undertaking, with sufficient 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 duLies, 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.

384. Oath and undertaking of receiver.—Before entering upon

his duties, the receiver must be sworn to perform tliem faithfully,

and with two or more sureties, approved by the court or judge, exe- cute an undertaking to the Government of the Canal Zone in such sum as the court or judge may direct, to the effect that he will faithfully discharge the duties of receiver in the action and obey the

orders of the court therein.

385. Powers of receivers.—The receiver has, under the control ol

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.

386. 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.

387. 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, in one or more newspapers

of general circulation in tho Tanal Zone, at least once a week for

four consecutive weeks, 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 amoiuit of such unclaimed funds. Any

funds remaining in his hands unclaimed for thirty 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 to the

collector of the Panama Canal accompanied 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 collector to the owner thereof or

his order in such manner and upon such terms as the cotirt may

direct. All costs and expenses connected with such advertising shall be

paid out of the funds the whereabouts of whose owners are unknown.

383
T,4, §391] THE CODE OF CIVIL PROCEDURE

ARTICLE 6.—DEPOSITS IN COURT; HANDLING OF FUNDS BY CLERK

Sec. 391.

.392. o93.

:!94.

Sec. 390.

397. 398.

Judge to designate one or more depositories.

" Clerlv " defined to include assistant and acting clerks. Disposition of unclaimi>d funds by

clerli.

Deposit in court. Manner of enforcing tlie order. Money deposited deemed in registry of

court.

Clerli to deposit sums over $200 in depository ; disbursement ; record of

receipt and disbursement.

•'!95. Maintenance of general deposit ac- count ; interest ; commission ; de- posit of funds of $200 or less. 391. Deposit in court.—When it is admitted by the pleadings, or

shoAvn 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. 392. 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, beside punishing the disobedience, may make an order requiring the marshal to take the money, or thing, and deposit or deliver it in conformity with

the direction of the court. Cross-Refekence

Punishing the disobedience as contempt, see section 1163 of this title. 393. Money deposited deemed in registry of court.—Every sum

of money deposited with a clerk of said court, by or for the use of

any party, upon a judgment of the court or in a pending action or proceeding by virtue of the law or by direction of the court, as soon

as deposited with the clerk, shall be deemed to be in the registry of

the court. 394. Clerk to deposit sums over $200 in depository; disbursement; record of receipt and disbursement.—Tlie ckrk shall deposit in some depositoiy designated by the judge of the district court,

in the name of that court, every sum of mone}' deposited in the registry of the court which exceeds $200, as soon as the same is received

and such money may thereafter be paid out only on a check, voucher,

or order of the court, or the judge thereof, countersigned by the clerk

of the court. The clerk in each division of the district court shall

make a record showing the date of receipt, the amount received, from

whom received, and the case in wdiich any such money is deposited in

the registry of the court; and the date, amount, and to whom the same was paid out. 395. Maintenance of general deposit account; interest; commission ; deposit of funds of $200 or less.—The clerk shall maintain a general deposit account in a designated depository in which shall bo

deposited every cash fund exceeding $200 deposited in the registry

of the court. Interest earned on such general account shall be

384
THE CODE OF CIVIL PROCEDURE [T. 4, § 398 retained by the clerk as his commission for receiving and caring

therefor and shall be accounted for by him as fees of his office. No

commission shall be charged by the clerk for handling any fund of

$200 or less. In any case, however, where any such fund is likely to remain in

the registry of the court for six months or more, and where the

parties so stipulate or the court so directs, such fund shall be

deposited in a designated bank in a savings account at interest. Tlie

clerk's commission for caring for such fund in such case shall be paid

only out of interest earned thereon, to the amount of one fourth of

such interest. The remainder of such interest shall be deemed a part

of such fund and shall be paid out on order or decree of the court according to the exigency of the case. 396. Judge to designate one or more depositories.—The judge

of the district court shall designate one or more depositories in which

money deposited in the registry of the court shall be deposited by

the clerks. 397. " Clerk " defined to include assistant and acting clerks.—

The words " clerk " as used in sections 393 to 396 of this title shall

include the clerk of the district court, the assistant clerks thereof,

and any acting clerk when performing the duties of the clerk or

assistant clerk when they or an}' of them are absent on account of

illness or vacation, or are unable to act from any cause. 398. Disposition of unclaimed funds by clerk.—Whenever the

clerk of the district court has in his hands for a period of two years

or more any fund or moneys belonging to any person or persons,

which funds or moneys he has been unable to disburse to such person

or persons because of his inability to locate them, or because of their

refusal to accept the same, the said clerk shall upon order of the court turn the same over to the collector of the Panama Canal to be held

and disposed of as hereinafter provided.

Any person claiming to be entitled to any amount so deposited

with the collector ma}', within five years after such deposit, petition

the court or judge for an order directing payment to the said claimant. A copy of such petition shall be served on the collector and

thereafter no such amount shall be covered into the Treasury of the

United States, as hereinafter directed, until so ordered by the court. If no one claims the amount, as herein provided, or if a claim be

made and disallowed and the court so directs, such amount devolves

to the United States and shall be covered into the Treasury by the

collector as miscellaneous receipts.

385
T. 4, §411] TEE CODE OF CIVIL PROCEDURE

CHAPTER 11.—TRIAL AND JUDGMENT IN CIVIL ACTIONS

Art.

1. Judgment in general- Judgment upon failure to answer.

Issues ; mode of trial and post- ponements

Trial by jury

Trial by court References and trials by refereesSec. 411

421

431 441

501 511

Art. Sec.

7. Provisions relating to trials in general 521

8. Manner of giving and entering

judgment 541

9. Undertaking in action to set aside fraudulent transfer 561

ARTICLE 1.—JUDGMENT IN GENERAL

Sec. 411. Judgment defined. 412. Judgment may be for or against one

of the parties. 413. Judgment may be against one party, and action proceed as to others. 414. The relief to be awarded to the plaintiff.

Sec. 415.

416. 417.

Dismissal of actions and entry of

nonsuit. Dismissal of action for failure to issue summons, when.

All other judgments are on the merits. 418. Dismissal of actions.

Section 411. Judgment defined.—A judgment is the final determination of the rights of the parties in an action or proceeding.

Cboss-Refeeiences

Judgment by confession, see section 1101 of this title. Judgment by default, see section 421 of this title. Effect of a judgment, see section 1934 of this title. Judgment of nonsuit, see section 415 of this title. Judgment on trial of issue of law by court, see section 504 of this title. Judgment on trial generally, see section 541 of this title. Order, defined, see section 931 of this title. 412. 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.

Cross-Refeeences

Striking out party, see section 275 of this title. Bringing in fresh parties, see section 145 of this title. Service on one defendant out of several, effect of, see section 167 of this

title. Joint debtors, proceedings against, see sections 901 et scq. of this title. Joining persons severally liable on same instrument, see section 139 of this

title. Association, action against persons under name of, see section 144 of this title.

413. 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.

Cross-References

Striking out party, see section 275 of this title. Bringing in fresh parties, see section 145 of this title. Service on one defendant out of several, effect of, see section 167 of this title. Joint defendants, proceedings against, see sections 901 et seq. of this title. Joining persons severally liable on same instrument, see section 139 of this

title.

386
THE CODE OF CIVIL PROCEDURE [T. 4, § 416 414. 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 issue. 415. Dismissal of actions 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 b}^ 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 apj^ears 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 orders 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. Cross-Refebbnces

Dismissal for want of prosecution, see section 418 of this title. Dismissal in magistrate's court, see section 792 of this title. Variance, fatal or otherwise, see sections 271 to 173 of this title. Trial, either party may bring on, see section 437 of this title. 416. Dismissal of action for failure to issue summons, when.—

Xo action heretofore or hereafter commenced shall be further prosecuted, and no further proceedings shall be had therein, and all actions

heretofore or hereafter conunenced 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 3^ear, and all such actions must be in like manner dismissed,

unless the summons shall be served and return thereon made within

three years after the commencement of said action. But all such

actions may be prosecuted, if appearance has been made by the de387
T. 4, §417] THE CODE OF CIVIL PROCEDURE

fendant or defendants, Avithin said three j'ears in the same manner

as if summons had been issued and served : Pro'vkled^ 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 Canal Zone, or while he has secreted himself within

the Canal Zone to prevent the service of summons on him.

417. All other judgments are on the merits.—In all cases other

than those mentioned in sections 415, 416, and 418 of this title, judgment must be rendered on the merits.

418. Dismissal of actions.—The court may in its discretion dis- miss any action for want of prosecution on its own motion or on motion of the defendant and after due notice to the plaintiff, whenever plaintiff has failed for two years after answer filed to bring

such action to trial. ARTICLE 2.—JUDGMENT UPON FAILURE TO ANSWER

421. Judgment if defendant fails to answer.—Judgment may be

had, if the defendant fails to answer the complaint, as follows:

1. In an action arising upon contract for the recovery of money or damages only, if the defendant has been personall}' served and no

ansvv^er has been filed with the clerk of the court within the time

specified in the summons, or such further time as may have been

granted, the clerk, upon application of the plaintiff, must enter the

default of the defendant, and immediately thereafter enter judgment for the amount demanded in the complaint, including the costs, against the defendant, or against one or more of several defendants,

in the cases provided for in section 167 of this title. 2. In other actions, if the defendant has been personally served

and no answer has been filed with the clerk of the court within the

time specified in the summons, or such further time as may have been

granted, the clerk must enter the default of the defendant ; and thereafter the plaintiff' may a])])ly to the court for the relief demanded in the complaint. If the taking of an account, or the proof of any fact,

is necessary to enable the court to give judgment, or to carry tlie judgment into effect, the court may take the account or hear the

proof, or may, in its discretion, order a reference for that purpose.

And where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or

if, to determine the amount of damages, the examination of a long

account is involved, by a reference as above provided.

3. In all actions where the service of the summons was by publication, the plaintiff, upon the exjiiration of tlie time for answering,

may, upon proof of the publication, and that no answer has been

filed, apply for judgment; and the court must thereupon require

proof to be made of the allegations of the complaint; and if the

defendant is not a resident of the Canal Zone, must require the

plaintiff, or his agent, to be examined, cm oath, respecting any payments that have been made to the plaintiff, or to anyone for his use, on account of any demand mentioned in the complaint, and may
THE CODE OF CIVIL PROVEDUEE [T. 4, § 433 render judgment for the amount which he is entitled to recover: Provided, That in actions involving merely the possession of real

property where the complaint is verified and shows by proper allegations that no party to the action claims title to the real property

involved, either by accession, transfer, will, or succession but only the

possession thereof, the court may render judgment upon proof of

occupancy by plaintiff and ouster by defendant.

Cboss-Refekencbs As to validity of service of summons, see section 168 of this title. Judgment by confession, see sections 1101 et seq., of tliis title. Judgment generally, see sections 541 to 550 of this title. Setting aside void judgment, see section 275 of this title. Waiver of objections by failure to demur or answer, see section 215 of this

title. Actions when deemed pending, see section 955 of this title. Mandamus not granted by default, see section 1055 of this title. Default in action for forcible entry and detainer, see section 1150 of this

title. Default in magistrate's court, see sections 761 and 762 of this title. ARTICLE .3.—ISSUES ; MODE OF TRIAL AND POSTPONEMENTS

Sec. 431. Issue defined, and the different kinds. 432. Issue of law, how raised. 433. Issue of fact, how raised. 434. Issue of law, how tried. 435. Issues of fact, how tried. 436. Clerk must enter causes on the cal- endar, to remain until disposed of; when may be restored.Sec. 437. Parties or court may bring issue to

trial. 438. Motion to postpone a trial for absence

i;f evidence or a material witness.

439. In cases of adjournment a party may

have the testimony of any witness

taken.

431. Issue defined, and the different kinds.—Issues arise upon

the pleadings when a fact or a coii'.luision of law is maintained by

the one party and is controverted b}' the other. They are of two

kinds

1. Of law ; and

2. Of fact. Ceoss-Refejrbnces

Issues of law and fact, see sections 432 and 433 of this title. Issues in msigistrate's court, see sections 781 et seq., of this title. 432. Issue of law, how^ raised.—An issue of law arises upon a demurrer to the complaint or answer, or to some part thereof.

CeOSS-REFEIRENCE

Issues of law, how raised in magistrate's court, see section 782 of this title.

433. Issue of fact, hov^^ raised.—An issue of fact arises

1. Upon a material allegation in the complaint controverted by the answer; and

2. Upon new matters in the answer, except an issue of law is joined

thereon.

Ceoss-Refeeence

Issues of fact in magistrate's court, how raised, see section 783 of this title.

389
T. 4, §434] TEE CODE OF CIVIL PROCEDURE

434. Issue of law, how tried.—An issue of law must be tried by

the court, unless it is referred upon consent.

Ceoss-References

Issues, by whom triable, see sections 73, 501 et seq., and 1152 of this title. Issues of law, how tried in magistrate's court, see section 784 of this title. 435. Issues of fact, how tried.—Issues of fact shall be tried by

the ^:ourt, except where a jm-y is demanded as provided in sections

441 and 442 of this title, or a reference is ordered as provided in this

title. 436. Clerk must enter causes on the calendar, to remain until

disposed of; when may be restored.—The clerk must enter causes upon the calendar of the court according to the date of issue. Causes

once placed on the calendar must remain upon the calendar until

finally disposed of : Pi'ovided^ That causes may be dropped from the

calendar by consent of parties, and may be again restored upon notice. 437. Parties or court may bring issue to trial.—Either party may

bring an issue to trial or to a hearing, and, in the absence of the

adverse party, unless the court, for good cause, otherwise direct, may

proceed with his case, and take a dismissal of the action, or a verdict, or judgment, as the case may require : Provided^ howevei\ That if the

issue to be tried is an issue of fact, proof must first be made to the

satisfaction of the court that the adverse party has had five days'

notice of such trial. The cotirt or judge may on its own motion bring an issue to trial or to a hearing.

Cross-References

Dismissal, see section 415 of this title. Surprise, setting aside judgment for, see section 27r> of this title. Surprise, new triiil, see section 532 of this title. Expediting actions for injuries to vessels or passengers in passing through

locks, see title 2, section 10. 438. Motion to postpone a trial for absence of evidence or a

material witness.—A, motion to postpone a trial on tlie ground of

the absence of evidence can only be made upon affidavit sliowing

the materiality of the evidence expected to be obtained, and that

due diligence has been used to procure it. The court may require

the moving party, where application is made on account of the

absence of a material witness, to state u])on affiihivit the evidence

which he expects to obtain ; and if the adverse party thereupon admits

that such evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper,

the trial must not be postponed.

Cboss-Reference

Costs on continuance, see section 1008 of this title. 439. In cases of adjournment a party may have the testimony of

any witness taken.—The party obtaining a postponement of a trial in the district court must, if requii'ed by the adverse party, consent

that the testimony of any witness of siich adverse party, "who is in attendance, be then taken by deposition before the judge or clerk

880
THE CODE OP CIVIL PROCEDURE [T. 4, § 451

of the court, or before such notary public as the court may indicate,

Avhich must accortlinjrly be clone; and the testimony so taken may be

read on the trial, with the same effect, and subject to the same objections, as if the witnesses were produced.

Cross-Reference

Depositions generally, see section 2081 et seq., of tbis title. ARTICLE 4.—TRIAL BY JURY

A. Right to Jury Trial

Sec. 441. Right to trial by jury. 442. Request for jury.

B. Formation of Jukt

451. Peremptory challenges, civil casea. 452. Challengps of jurors for cause. 453. Challenges, how tried. 434. Jury to be sworn.

C. Conduct of Trial

461 462

Order of proceeding on trial. Charge to the jury ; court must fur- nish, in writing, upon request, the

points of law contained therein. Special instructions. View by jury nf the premises.

465. Admonition when jury permitted to separate. 466. Jury may take with them certain

papers.

467. Deliberation of jury, how conducted.

463

464

Sec. 468. May come into court for further in- structions. 469. Proceedings if juror becomes sick. 470. When prevented from giving verdict, the cause may be again tried. 471. While jury are absent, court may ad- journ from time to time ; sealed verdict. 472. Verdict, how declared ; form of ; poll- ing the jury.

47-S. Proceedings when verdict is informal. D. The Verdict

4S1. General and special verdicts defined. 482. When a general or special verdict may

he rendered.

483. Verdict in actions for recovery of money or on establishing counterclaim. 484. Verdict in actions for the recovery of

sjiecific personal property.

485. Entry of verdict. 486. Judgment notwithstanding verdict. A. RIGHT TO JURY TRIAL

441. Right to trial by jury.—A jury shall be had, on the demand

of either party, in any civil case at law originating in the district court. Cross-Reference

Juries and jury trials, see also title 7, sections 33 to 35. 442. Request for jury.—In the trial of any civil cause where a jury trial may be demanded, if either party shall desire a jury,

request therefor must be made at the time such cause is assigned for

trial.

B. FORMATION OF JURY

451. Peremptory challenges, civil cases.—Either party may challenge the jurors, but where there are several parties on either side,

they must join in the challenge before it can be made. The challenges are to individual jurors and are either peremptory or for

cause. Each party is entitled to four peremptory challenges. If no

peremptoiy challenges are taken until the panel is full, they must be

taken by the parties alternately, commencing with the plaintiff, and

each party shall be entitled to have the panel full before exercising

anj' peremptory challenge.

Cross-Reference

Selection, summoning, serving, and compen.sation of jurors,, see title 7, sections 33 to 35.

391
T.4, §452] THE CODE OF CIVIL PROCEDURE j 452. Challenges of jurors for cause.—Challenges for cause may

be taken on one or more of the following grounds

1. A want of any of the qualifications prescribed to render a per- son competent as a juror.

2. Consanguinity or affinity within the fourth degree to any party, or to an officer of a corporation, which is a party.

3. Standing in the relation of guardian and ward, master and

servant, employer and clerk, or principal and agent, or debtor and

creditor, to either party, or to an officer of a corporation which is a

party, or being a member of the family of either party ; or a partner

in business with either party; or surety on any bond or obligation

for either party, or being the holder of bonds or shares of the capital

stock of a corporation which is a party.

4. Having served as a juror in a civil action or been a witness on a previous trial between the same parties, for the same cause of

action; or having served as a juror within one year previously in

any civil action or proceeding in wdiich either party w^as plaintiff or defendant.

5. Interest on the part of the juror in the event of the action, or

in the main question involved in the action.

6. Having an unqualified opinion or belief as to the merits of the

action founded upon knowledge of its material facts or of some of

them.

7. The existence of a state of mind in the juror evincing enmity

against or bias to either party.

8. That he is a party to an action pending in the court for which

he is drawn and which action is set for trial before the panel of

which he is a member.

Ckoss-Refkkencb

Jurors as witnesses, see section 1905 of this title. 453. Challenges, hov*^ tried.—Challenges for cause must be tried

by the court. The juror challenged and any other person may be

examined as a witness on the trial of the challenge.

454. Jury to be sworn.—As soon as the jury is completed, an oath

must be adnr.ni.stered to the jurors, in substance, that they and each

of them will well and truly try the matter in issue between , the plaintiff, and , defendant, and a true verdict render

according to the evidence.

Cross-Refeuence

Administration of oaths generally, see sections 2171 to 2175 of this title.

C. CONDUCT OF TRIAL

461. Order of proceeding on trial.—Wlien the jury has been

sworn, the trial must proceed in the following order, unless the judge,

for special reasons, otherwise directs

1. The plaintiff, after stating the issue and his case, must produce

the evidence on his part;

2. The defendant may then open his defense, and offer his evi- dence in support thereof

392
THE CODE OF CIVIL PROCEDURE [T. 4, § 463

3. The parties may then respectively offer rebutting evidence only,

unless the court, for good reason, in furtherance of justice, permit

them to offer evidence upon their original case

4. When the evidence is concluded, unless the case is submitted to the jury on either side or on both sides without argument, the plaintiff'

must commence and may conclude the argument

5. If several defendants, having separate defenses, appear by different counsel, the court must determine their relative order in the

evidence and argument;

6. The court may then charge the jury. Cross-Reiferences Amendments, see section 275 of this title. Eitlier party may bring on trial, see section 437 of this title. Nonsuits, see section 415 of this title. Proof necessary to make out case, see sections 1885 and 1887 of this title. Variance, see sections 271 to 273 of this title. View by jury, see section 464 of this title. Order of proof, see section 2111 of this title. Admissibility of evidence is for court, see section 2182 of this title. Allegations, material, only, need be proved, see sections 1887 and 2031 of

this title. Relevancy of evidence, see sections 1886 and 1SS8 of this titie. Witness must answer, see section 2142 of this title. Cross-examination, see section 2114 of this title. Excluding witnesses from court room, see section 2112 of this title. Expert witnesses, see section 1888 (9) of this title. Impeachment of witnesses, and evidence of good character, see sections 2118

to 2122 of this title. Interpreters, see section 1906 of this title. Leading questions, see section 2115 of this title. Mode of inteiTogation of witnesses, see section 2113 of this title. Oaths, see sections 2171 to 2175 of this title. Protection of witnesses, see section 2143 of this title. Refi'eshing memory, see section 2116 of this title. Writing shown to witness, other side may inspect, see section 2123 of this

title. 462. Charge to the jury; court must furnish, in writing, upon

request, the points of law contained therein.—In charging the jury

the court may state to them all matters of law which it thinks neces- sary for their information in giving their verdict ; and. if it state the

testimony of the case, it must inform the jury that they are the

exclusive judges of all questions of fact. The court must furnish

to either party, at the time, upon request, a statement in writing

of the points of law contained in the charge, or sign, at the time,

a statement of such points prepared and submitted by the counsel

of either party.

Ceoss-Refeeences

Instructions as to the evidence, see section 2131 of this title. Matters of law, court stating in charge, see sectiuns 532. 2131, and 2182 of

this title. 463. Special instructions.—Where either party asks special in- structions to be given to the jury, the court must either give such

instruction, as requested, or refuse to do so, or give the instruction

93083—34 26 393
T.4, §464] TEE CODE OF CIVIL PROCEDURE

with a modification, in such manner that it may distinctly appear

what instructions were given in whole or in part.

Cross-Reference

Exceptions, see section 521 of this title. 464. View by jury of the premises.—When, in the opinion of the

court, it is proper for the jury to have a view of the property which

is the subject of litigation, or of the place in which any material

fact occurred, it may order them to be conducted, in a body, under

the charge of an officer, to the place, which shall be shown to them

by some person appointed by the court for that purpose. While

the jury are thus absent, no person, other than the person so appointed, shall speak to them on any subject connected with the trial. 465. Admonition when jury permitted to separate.—If the jury

are permitted to separate, either during the trial or after the case

is submitted to them, they shall be admonished by the court that

it is their duty not to converse with, or suffer themselves to be

addressed by any other person, on any subject of the trial, and that

it is their duty not to form or express an opinion thereon until the

case is finally submitted to them.

466. Jury may take with them certain papers.—Upon retiring

for deliberation the jury may take with them all papers which have

been received as evidence in the cause, except depositions or copies

of such papers as ouglit not, in the opinion of the court, to be taken

from the person having them in possession ; and they may also take

with them notes of the testimony or other proceedings on the trial,

taken by themselves or any of them, but none taken by any other

person.

467. Deliberation of jury, how conducted.—When the case is finally submitted to the jury, they may decide in court or retire for

deliberation; if they retire, they must be kept together in some

convenient ]:>lace, under charge of an oflicor, until at least three

fourths of them agree upon a verdict or are discharged by the court. Unless by order of the court, the officer having them under his charge

must not suffer any communication to be made to them, or make any

himself, except to ask them if they or three fourths of them are agreed upon a verdict, and he must not, before their verdict .is rendered, communicate to any person the state of their deliberations or the verdict agreed upon.

Cross Reference

IMisconduct of jury, see section 532 of this title. 468. May come into court for further instructions.—After the

jur}^ have retired for deliberation, if there be a tlisagreement between

them as to any part of the testimon}'. or if they desire to be in- formed of any point of law arising in the cause, they may require

the officer to conduct them into court. U]:)on their being brought

into court, the information required must be given in the presence

of, or after notice to, the parties or counsel.

394

il
THE CODE OF CIVIL PROCEDURE [T. 4, § 481

469. Proceedings if juror becomes sick.—If, after the impaneling of the jiny, and before verdict, a juror becomes sick, so as to be unable to perform his duty, the court iw^y order him to be dis- charged. In that case the trial may proceed Avith the other jurors

with the consent of the parties, or another juror may be sworn and

the trial begin anew or the jury may be discharged and a new jury

then or afterwards impaneled.

470. When prevented from giving verdict, the cause may be

again tried.—^In all cases where the jury are discharged, or pre- vented from giving a verdict, by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, the action may be again tried immediately, or at a future time,

as the court may direct.

471. While jury are absent, court may adjourn from time to time; sealed verdict.—While the jury are absent the court may adjourn from time to time, in respect to other business; but it is nevertheless open for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged.

The court may direct the jury to bring in a sealed verdict, at the

opening of the court, in case of an agreement during a recess or adjournment for the day.

472. Verdict, how declared; form of; polling the jury.—AVhen

the jury, or three fourths of them, have agreed upon a verdict, they

must be conducted into court, their names called by the clerk,

and the verdict rendered by their foreman; the verdict must be in

writing, signed by the forenum, and must be read by the clerk to the

jury, and tlie inquiry made whether it is their verdict. Either party

may require the jury to be polled, which is done by the court or

clerk asking each juror if it is his verdict; if upon such inquiry or

polling, more than one fourth of the jurors disagree thereto, the

jury must be sent out again, but if no such disagreement be ex- pressed, the verdict is complete and the jury discharged from the

case. 473. Proceedings when verdict is informal.—When the verdict

is announced, if it is informal or insufficient, in not covering the

issue submitted, it may be corrected by the jury under the advice

of the court, or the jury may be again sent out.

D. THE VERDICT

481. General and special verdicts defined.—The verdict of a jury

is either general or special. A general verdict is that by which they

pronounce generally upon all or any of the issues, either in favor of

the plaintiff or defendant; a special verdict is that by which the jury

find the facts only, leaving the judgment to the court. The special

verdict must present the conclusions of fact as established by the

evidence, and not the evidence to prove them ; and those conclusions

of fact must be so presented as that nothing shall remain to the court

but to draw from them conclusions of law.

CkOSS-REFERENCB Misconduct of jui y. see section 532 of this title. 395
T.4, §482] THE CODE OF CIVIL PROCEDURE

482. When a general or special verdict may be rendered.—In an

action for the recovery of money only, or specific real property, the

jury, in their discretion, may render a general or special verdict.

In all other cases the court may direct the jury to lind a special

verdict in writing upon all, or any of the issues, and in all cases may

instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written

finding thereon. The special verdict or finding must be Mled with

the clerk and entered upon the minutes. Where a special finding of

facts is inconsistent with tlie general verdict, the former controls the

latter, and the court must give judgment accordingly.

483. Verdict in actions for recovery of money or on establishing counterclaim.—When a verdict is found for the plaintiff in an

action for the recovery of money, or for the defendant, when a counterclaim for the recovery of money is established, exceeding the

amount of the plaintiff's claim as established, the jury must also

find the amount of the recovery. 484. Verdict in actions for the recovery of specific personal

property.—In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the

defendant, by liis ansvv-er, chiim a return thereof, the jury, if their

verdict be in favor of the plaintiff, or if being in favor of defendant,

they also find that he is entitled to a return thereof, must find the

value of the property, and, if so instructed, the value of specific portions thereof, and may at the same time assess the damages, if any

are claimed in the complaint or answer, which the prevailing party

las sustained by reason of the taking or detention of such property.

CR0SS-EEFE3tEN CB ury must find, etc., see section 544 of this title. 485. Entry of verdict.—Upon receiving a verdict, an entry must

be made by the clerk in the minutes of the court, specifying the time

of trial, the names of the jurors and witnesses, and setting out

the verdict at length ; and where special verdict is found, either the

judgment rendered thereon, or if the case be reserved for argument

or further consideration, the order thus reserving it. Cross-Referen ce Entry of judgment upon verdict, time of, see 541 of this title. 486. Judgment notwithstanding verdict.—When a motion for a

directed verdict, which should have been granted, has been denied

and a verdict rendered against the moving party, the court, at any

time before the entry of judgment, either of its own motion or on motion of the aggrieved party, shall render judgment in favor of the

aggrieved party notwithstanding the verdict.

A motion for judgment notwithstanding such verdict may also be

made in the alternative form, asking therefor and reserving, if that

be denied, the right to apply for a new trial. If the motion for a directed verdict or for judgment notwithstanding the verdict be

denied, the trial court on motion for new trial may order judgment
THE CODE OF CIVIL PROCEDURE [T. 4, § 511

to be so entered when it appears from the whole evidence that a

verdict should have been so directed at the trial. ARTICLE 5.—TRIAL BY COURT

Sec. 501.

502.

Upon trial by court, decision to be in writing and filed within 30 d.iys. Facts found and conclusions of law must be separately stated ; judg- ment on.

Sec.

r,o:i. Waivinjr findings of fact. 504. Proceedings after determination of

issue of law.

501. Upon trial by court, decision to be in vmting and filed within thirty days.—Upon the trial of a question of fact by the

court, its decision must be given in writing and filed with the clerk

within thirty days after the cause is submitted for decision.

502. Facts found and conclusions of law must be separately

stated; judgment on.—In giving the decision, the facts found and

the conclusions of law must be separately stated. Judgment upon

the decision must be entered accordingly.

503. Waiving findings of fact.—Findings of fact may be waived

by several parties to an issue of fact

1. By failing to appear at the trial

2. By consent in writing filed with the clerk;

3. By oral consent in open court, entered in the minutes.

In all cases where the court directs a part}' to prepare findings, a copy of said proposed findings shall be served upon all the parties

to the action at least five days before findings shall be signed by the

court, and the court shall not sign any findings therein prior to the

expiration of such five days.

504. Proceedings after determination of issue of law.—On a judgment for the plaintifi' upon an issue of law. he may proceed in

the manner prescribed by the first two subdivisions of section 421

of this title, upon the failure of the defendant to answer. If judgment be for the defendant upon an issue of law, and the taking of an

account, or the proof of any fact, be necessary to enable the court to complete the judgment, a reference may be ordered, as in that section

provided.

Ceoss-Refekences

Issue of law, see section 432 of this title. When a bar, see section 1934 of this title. Leave to answer after defendants' demurrer overruled, see section 274 of

this title. Judgment generally, see section 541 of thi:? title. Judgment by default, see section 421 of this title. ARTICLE 6.—REFERENCES AND TRIALS BY REFEREES

Sec. 511.

512. 513.

Reference ordered upon agreement of

parties, in what cases. Reference ordered on motion, in what

CMses. A party may object ; grounds of objection.

Sec. 514. Olyections, how disposed of. 515. Referees to report within 20 days.

510. Effect of referee's finding. 517. How excepted to, etc.

511. Reference ordered upon agreement of parties, in what

cases.—A reference may be ordered upon the agreement of the parties filed with the clerk, or entered in the minutes

397
T.4, §512] THE CODE OF CIVIL PROCEDURE

1. To try any or all of the issues in an action or proceeding,

whether of fact or of law, and to report a finding and judgment

thereon

2. To ascertain a fact necessary to enable the court to determine an action or proceeding.

Cros s-Refkrences

Referee's fees, see section 990 of this title. Two of ttiree referees may act, see section 959 of this title.

512. Reference ordered on motion, in what cases.—When the

parties do not consent, the court may, upon the application of either, or of its OM'n motion, direct a reference in the following cases

1. When the trial of an issue of fact requires the examination of a long account on either side; in which case the referees may be

directed to hear and decide the whole issue, or report upon any specific question of fact involved therein

2. When the taking of an account is necessary for the information

of the court before judgment, or for carrying a judgment or order

into effect

3. When a question of fact, other than upon the pleadings, arises

upon motion or otherwise, in any stage of the action

4. When it is necessary for the information of the court in a special proceeding.

Cross-references

Reference on proceedings supplementary to execution, see section 621 of

this title. Reference in mandamus, see section 1059 of this title. 513. A party may object; grounds of objection.—A party may

object to the appointment of any jDcrson as referee, on one or more

of the following grounds

1. A want of any of the qualifications prescribed to render a person

competent as a juror;

2. Consanguinity or affinity, within the third degree, to either

party, or to an officer of a corporation which is a party, or to the

judge of the court in which the appointment shall be made;

3. Standing in the relation of guardian and ward, master and

servant, employer and clerk, or principal and agent, to either party;

or being a member of the family of either party; or a partner in

business with either party; or security on any bond or obligation

for either party

4. Having served as a juror or been a witness on any trial between

the same parties for the same cause of action;

5. Interest on the part of such person in the event of the action, or in the main question involved in the action;

6. Having formed or expressed an unqualified opinion or belief as

to the merits of the action

7. The existence of a state of mind in such person evincing enmity

against or bias to either party.

Cross-Refeeencb

Consanguinity or affinity, see title 3, section 637.

888
THE CODE OF CIVIL PROCEDURE [T. 4, § 521; 514. Objections, how disposed of.—The objections taken to the

appointment of any person as referee must be heard and disposed

of by the court. Affidavits may be read and witnesses examined as

to such objections.

515. Referees to report within twenty days.—The referees or commissioner must report their findings in writing to the court within twenty days after the testimony is closed and the facts found

and conclusions of law must be separately stated therein. CUOSS-REFEEENOES Two of three referees may act, see section 959 of this title. Enforcing order, see section 2.3 of this title. 516. Effect of referee's finding.—The finding of the referee or commissioner upon the whole issue must stand as the finding of the

court, and upon tiling of the finding with the clerk of the court,

judgment may be entered thereon in the same manner as if the

action had been tried by the court. Cross-Reference

Force and effect of findings, see also section 1487 of this title. 517. How excepted to, etc.—The findings of the referee or commissioner may be excepted to and reviewed in like manner as if made

by the court. When the reference is to report the facts, the finding

reported has the effect of a special verdict.

ARTICLE 7.—PROVISIONS RELATING TO TRIALS IN GENERAL

A. Exceptions

Sec. 521. " Exception " defined ; when taken.

522. Verdict or order iu absence of party, deemed excepted to. 523. Exception, form of. 524. Bill of exceptions, when to be pre- sented, etc. 525. Bill of exceptions, preparation and

settlement ; time of filing. 526. Exceptions after judgment.

527. Proceedings if judge refuses to allow

bill of exceptions.

528. Settlement of bill of exceptions.

B. New Trials

Sec. 531. New trial defined. 532. When new trial may be granted.

533. Manner of making application for new

trial. 534. Notice of motion, upon whom to be

served, and what to contain.

535. Time of hearing motion ; reference to pleadings, orders and evidence at

hearing.

536. Vacation of judgment.

537. Notice of intention to move to vacate judgment ; time for making motion.

A. EXCEPTIONS

521. " Exception " defined ; when taken.—An exception is an objection upon a matter of law to a decision made, either before or

after judgment, by a court, tribunal, judge, or other judicial officer,

in an action or proceeding. The exception must be taken at the time

the decision is made, except as provided in the section next following.

522. Verdict or order in absence of party, deemed excepted to.—

The verdict of the jury, the final decision in an action or proceeding, an interlocutory order or decision, finally determining the rights of

the parties, or some of them, an order or decision from which an

appeal may be taken, an order sustaining or overruling a demurrer,

allowing or refusing to allow an amendment to a pleading, striking out a pleading or a portion thereof, refusing a continuance, an

399
T. 4, § 523] THE CODE OF CIVIL PROCEDURE

order made upon ex parte application, giving an instruction,

although no objection to such instruction was made, refusing to give an instruction, modifying an instruction requested, an order or

decision made in the absence of the p^^rty or an order granting or denying a nonsuit or a motion to strike out evidence or testimony

and a ruling sustaining or overruling an objection to evidence, are deemed to have been excepted to. 523. Exception, form of.—No particular form of exception is re- quired, but when the exception is to the verdict or decision, upon

the ground of the insufficiency of the evidence to justify it, the

objection must specify the particulars in which such evidence is alleged to be insufficient. The objection must be stated, with so much of the evidence or other matter as is necessary to explain it, and no more. Only the substance of the reporter's notes of the

evidence shall be stated. Documents on file in the action or proceeding may be copied, or the substance thereof stated, or a reference

thereto sufficient to identify them may be made.

524. Bill of exceptions, when to be presented, etc.—A bill con- taining the exception to any decision may be presented to the court or judge for settlement at any time after the decision is made, but

the same must be presented within ten days after written notice of

making such decision, and after having been settled must be signed

by the judge and filed with the clerk. When the decision excepted

to is made by a tribunal other than a court, or by a judicial officer,

the bill of exceptions must be presented to and settled and signed

by such tribunal or officer. 525. Bill of exceptions, preparation and settlement; time of fil- ing.—When a party desires to have exceptions taken at a trial settled in a bill of exceptions, he may, at any time thereafter, and within

ten days after the entr^^ of judgment, if the action was tried with a

jury, or after receiving notice of the entry of judgment, if the action was tried w^ithout a jury, or if proceedings on motion for a new trial be pending, Avithin ten days after notice of decision denying said

motion, or other determination thereof, or such further time as the court in which the action is pending, or the judge thereof, may

allow, prepare the draft of a bill, and serve the same, or a copy

thereof, upon the adverse party.

Contents of draft.—Such draft must contain all the exceptions

and proceedings taken upon which the party relies, and may contain all matters reviewable on the same appeal whether occurring

at the trial or on motion for a new trial. It may also contain a statement of any matters occurring upon the trial, in the presence

of the court, showing any of the matters mentioned in subdivisions

1 and 2 of section 532 of "this title. Adverse pai;ty may propose amendments.—Within ten days after

such service, the adverse party may propose amendments thereto, and

serve the same or a copy thereof, upon the other party.

Delivery to the judge.—The projjosed bill and amendments must,

within ten days thereafter be presented by the party seeking the

settlement of the bill, to the judge who tried or heard the case, upon

400
TEE CODE OF CIVIL PROCEDURE [T. 4, § 527

five days' notice to the ath^crse party, or be delivered to the clerk of

the court for the jndsxc. AYhen received by the clerk he must immediately deliver them to the judse, if he is in the Canal Zone; if he is absent from the Zone, and either party desires the paper to bo

forwarded to the judjie, the clerk must, upon notice in writing: of

such party, immediately forward them by mail, or other safe channel; if not thus forw^ardod the clerk must deliver them to the judf^e

immediately after his return to the Zone. Judge to designate time of settijng.—^Wlien received from the

clerk, the judo'e must desifmate tlie time at which he will settle the

bill, and the clerk must immediately notify the parties of such

desiofnation. At the time designated the jud<re must settle the bill. The bill must thereupon be enjfjrossed and presented to the judge

to be certified, by the party presenting it. wnthin ten days.

Action teted before keferfe.—If the action was tried before a

referee, the proposed bill, with the amendments, if any, must be

presented to such referee for settlement within ten days after service of the amendments, upon notice of five davs to the adverse party,

and thereupon the referee must settle the bill. If no amendments

are served or if served are allowed, the proposed bill mav be presented, with the amendments, if any, to the judge or referee, for

settlement without notice to the adverse party.

Judge to strike out useless matter.—It is the duty of the judge

or referee, in settling the bill, to strike out of it all redundant and

useless matter, so that the excpptions and proceedings mav be pre- sented as briefly as possible. When settled, the bill must be signed

by the judge or referee, with his certificate to the effect that the same

is allowed, and must then be filed with the clerk. Not to be served on party when default entered.—IS'o bill of

exceptions, notice of appeal, or notice or paper, other than amendments to the pleaclino's or an amended ]:»leading, need be served upon

any party whose default has befn duly entered, or who has not

appeared in the action or proceeding.

526. Excentions after judgment.—Exceptions to any decision

made after judgment mav be presented to the judjie at the time

of such decision, and be settled or noted, as provided in section 524 of

this title, or a bill thereof mav be presented and settled afterward.

as provided in section 525 of this title, and within like periods after

written notice of entry of the order, upon appeal from which such

decision is reviewable.

527. Proceedings if judge refuses to allow bill of exceptions.—

If the judge in any case refuses to allow a bill of exceptions in

accordance with the facts, the narty desiring the bill settled may

applv by petition to the United States Circuit Court of Appeals for

the Fifth Circuit to prove the same; the application may be made in

the mode and manner, and under such rei^-ulations as that court mav

prescribe; and the bill, whon proven, must be certified bv the rourt

as correct, and filed with the clerk of thp oourt in which the action was tried, and when so filed it has the same force and effect as if settled by the judge who tried the cause.

401
T. 4, § 528] TEE CODE OF CIVIL PROCEDURE

528. Settlement of bill of exceptions.—When the decision ex- cepted to was made by any judicial officer, other than a judge, tlie bill of exceptions shall be presented to such judicial officer, and be

settled and signed by him in the same manner as it is required to be presented to, settled, and signed by a court or judge. A judge or

judicial officer may settle and sign a bill of exceptions after, as well

as before, he ceases to be such judge or judicial officer. If such

judge or judicial officer, before the bill of exceptions is settled, dies,

is removed from office, becomes disqualified, is absent from the Canal

Zone, or refuses to settle the bill of exceptions, or if no mode is provided by law for the settlement of the same, it shall be settled and

certified in such manner as the Circuit Court of Appeals may, by its order or rules, direct.

B. nt:w trials

531. New trial defined.—A new trial is a reexamination of an

issue of fact in the same court after a trial and decision by a jur}^,

court, or referee. 532. When new trial may be granted.—The former verdict or

other decision may be vacated and a new trial granted, on the application of the part}'' aggrieved, for any of the following causes, materially affecting the substantial rights of such party

1. Irregularity in the proceedings of the court, jury, or adverse

party, or any order of the court or abuse of discretion by which either

party was prevented from having a fair trial

2. Misconduct of the jury; and whenever any one or more of the

jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by

a resort to the determination of chance, such misconduct may be

proved by the affidavit of any one of the jurors;

3. Accident or surprise, which ordinary prudence could not have

guarded against;

4. Newly discovered evidence, material for the party making the

application, which he could not, with reasonable diligence, have

discovered and produced at the trial;

5. Excessive damages, appearing to have been given under the

influence of passion or prejudice;

6. Insufficiency of the evidence to justify the verdict or other decision, or that it is against law;

7. Error in law, occurring at the trial and excepted to by the

party making the application.

When a new trial is granted upon the ground of the insufficiency

of the evidence to sustain the verdict, the order shall so specify;

otherwise, on appeal from such order, it will be presumed that the

order was not based upon that ground.

533. Manner of making application for new trial.—When the application is made for a cause mentioned in subdivisions 1 to 4 of the

next preceding section, it must be made upon affidavits; otherwise it must be made on the minutes of the court.

402
THE CODE OF CIVIL PROCEDURE [T. 4, § 536 534. Notice of motion, upon whom to be served, and what to contain.—The piirty intending to move for a new trial must, either

before the entry of judgment or within ten days after receiving

notice of the entry of the judgment, or within ten days after verdict, if the trial was by jury, file with the clerk and serve upon

the adverse party a notice of his intention to move for a new trial,

designating the grounds upon which the motion will be made and

whether the same will be made upon affidavits or the minutes of the court or both. The time above specified shall not be extended by

order or stipulation. If the motion is to be made upon affidavits,

the moving party must, within ten days after serving the notice, or such further time as the court in which the action is pending, or the

judge thereof, may allow (but not to exceed twenty days' additional

time) file such affidavits Avith the clerk and serve a copy thereof upon

the adverse party, who shall have ten days thereafter, or such further time as the court ma}^ allow (not exceeding twenty days' additional time) to file counter-aff.davits and serve a copy thereof upon

the moving party.

Ceoss-Referenob

Extension of time, see section 960 of this title, 535. Time of hearing motion ; reference to pleadings, orders and

evidence at hearing.—The motion for a new trial must be heard at the earliest practicable time after the filing of affidavits and counteraffidavits, in case the motion is made on affidavits, in other cases

after the filing of the notice. On such hearing reference may be

had in all cases to the pleadings and orders of the court on file, and when the motion is made on the minutes, reference may also

be had to any depositions and documentary evidence offered at the

trial and to the report of the proceedings on the trial taken by the

reporter, or to any certified transcript, of such report, or if there be no such report or certified transcript, to such proceedings occurring

at the trial as are within the recollection of the judge; when the proceedings at the trial have been reported, but the reporter's notes have

not been transcribed, the reporter must, upon request of the court, or

either party, attend the hearing of the motion, and shall read his

notes, or such parts thereof as the court, or either party, may require.

New trial hearing has precedence.—The hearing and disposition

of the motion for a new trial shall have precedence over all other

matters except criminal cases, probate matters, and cases actually on

trial, and it shall be the duty of the court to determine the same at the earliest possible moment.

Motion to be passed on within two months.—The power of the court to pass on motion for a new trial shall expire within two

months after the verdict of the jury or service on the moving party

of notice of the entry of the judgment. If such motion is not determined within said two months, the effect shall be a denial of the

motion without further order of the court. 536. Vacation of judgment.—A judgment or decree of the district court, when based upon findings of fact made by the court,

403
T. 4, § 537] THE CODE OF CIVIL PROCEDURE

or the special verdict of a jury, may, upon motion of the party

aggrieved, be set aside and vacated by the court, and another and

different judgment entered, for either of the following causes, materiall}'- affecting the substantial rights of such party and entitling him

to a different judgment

1. Incorrect or erroneous conclusions of law not consistent with

or not supported by the findings of fact; and in such case when

the judgment is set aside, the conclusions of law shall be amended

and corrected.

2. A judgment or decree not consistent with or not supported by

the special verdict.

537. Notice of intention to move to vacate judgment; time for

making motion.—The party intending to make the motion mentioned in the next preceding section must, within ten days after notice

of the entry of judgment, serve upon the adverse party and file with

the clerk of the court a notice of his intention, designating the

grounds upon which, and the time at which the motion will be made,

and specifying the particulars in which the conclusions of law are not consistent with the finding of facts, or in which the judgment or decree is not consistent with the special verdict. The time designated for the making of the motion must not be more than sixty

days from the time of the service of the notice.

ARTICLE 8.—MANNER OF GIVING AND ENTERING JUDGMENT

Sec. 541. Judgment to be entered in twenty-four

hours, etc. 542. Case may be brought before the court

for argument.

543. When counterclaim established exceeds

plaintifl's deman'l.

544. In replevin, judgment lo be in the

alternative, and with damages ; gold

coin or currency judgment.

Sec. 545. Clerk to enter abstract of judgment.

54f). If a party die after verdict, judgment may be entered.

47. Judgment roll, what constitutes. Clerk to enter judgment. Docket to be open for inspection without charge. Satisfaction of a judgment, how made.

.^,48 ."49 550.

541. Judgment to be entered in twenty-four hours, etc.—Wlien

trial by jury has been had, judgment must be entered by the clerk,

in conformity to the verdict, within twenty-four hours after the

rendition of the verdict, unless the court order the case to be reserved

for argument or further consideration, or grant a stay of proceedings.

If the trial has been had by the court, judgment must be entered by

the clerk, in conformity to the decision of the court, immediately

upon the filing of such decision. In no case is a judgment effectual for any purpose until so entered.

Cross-Refekences

Entry of jndgnient upon trial by court, see section 502 of this title. Entry of jutlf?nient upon verdict, see also section 485 of this title. Entry of judgment in proceedinj^^s In forcible entry and detainer, see section 1154 of this title. Entry of judgment on referee's report, see section 51G of this title.

542. Case may be brought before the court for argument.—

When the case is reserved for argument or further consideration,

404
THE CODE OF CIVIL PROCEDURE [T. 4, § 546

as mentioned in the next preceding section, it maj^ be brought b}' eitlier party before the court for argument.

543. When counterclaim established exceeds plaintiff's demand.—If a counterclaim, established at the trial, exceed the plaintiff's demand, judgment for the defendant must be given for the

excess; or if it appear that the defendant is entitled to any other

affirmative relief, judgment must be given accordingly.

Cross-References

Counterclaim generally, see sections 223 and 224 of this title. Verdict when counterclaim is established exceeding plaintiffs demand, see

section 483 of this title. Dismissal or nonsuit where counterclaim filed, see section 415 of this title.

544. In replevin, jiiclgment to be in the alternative, and with

damages; gold coin or currency judgment.—In an action to re- cover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a deliver}^

cannot be had, and damages for the detention. If the property has

been delivered to the plaintiff, and the defendant claim a return

thereof, judgment for the defendant may be for a return of the

property' or the value thereof, in case a return cannot be had, and

damages for taking and withholding the same. In an action on a contract or obligation in writing, for the direct payment of money,

made payable in a specified land of money or currency, judgment for

the plaintiff, whether it be by default or after verdict, may follow

the contract or obligation, and be made payable in the kind of money

or currency specified therein; and in all actions for the recovery

of money, if the plaintiff allege in his complaint that the same was

understood and agreed by the respective parties to be payable in

a specified kind of money or currenc}^, and this fact is admitted

by the default of the defendant or established by evidence, the

judgment for the plaintiff must be made paj^able in the kind of

money or currenc}' so alleged in the complaint; and in an action

against any person for the recovery of money received by such

person in a fiduciary capacity, or to the use of another, judgment

for the plaintiff must be made payable in the kind of money or currency so received by such person.

Cross-Refeuences

Claim and delivery generally, see sections 821 to 333 of this title. Return of property to defendant, see sections 326 and 484 of this title. Verdict in replevin, see section 4S4 of this title. Correcting affidavit of value, see section 275 of this title. Execution, see section 583 of this title.

545. Clerk to enter abstract of judgment.—The clerk must enter an abstract of the judgment in a column set aside for that purpose on

the civil docket.

546. If a party die after verdict, judgment may be entered.—If

a party die after a verdict or decision upon any issue of fact, and

405
T.4, §547] THE CODE OF CIVIL PROCEDURE

before judgment, the court may nevertheless render judgment thereon.

Such judgment is payable m the course of administration on his

estate. Cross-References

Effect of judgment against representative, see section 14S5 of this title. Suggestion of death, set) section 141 of this title.

547. Judgment roll, what constitutes.—Immediately after enter- ing the judgment, the clerk must attach together and file the following papers, which constitute the judgment roll:

1. In case the complaint is not answered by an}'^ defendant, the

summons, with the affidavit or proof of service ; the complaint with

a memorandum indorsed thereon that the default of the defendant in

not answ^ering was entered, and a copy of the judgment; and in case the service so made is by publication, the affidavit for publication

of summons, and the order directing the publication of summons.

2. In all other cases, the pleadings, all orders striking out any

pleading in whole or in part, a copy of the verdict of the jury, or finding of the court or referee, and a copy of any order made on

demurrer, or relating to a change of parties, and a copy of the judgment; if there are two or more defendants in the action, and any one

of them has allowed judgment to pass against him by default, the

summons, with proof of its service, on such defendant; and if the

service on such defaulting defendant be by publication, then the

affidavit for publication, and the order directing the publication of

the summons.

Cboss-Eefekences

Agreed case, judgment roll on, see section 1112 of this title. Certiorari, judgment roll on, see section 1041 of this title. Confession, judgment roll on, see section 1103 of this title.

548. Clerk to enter judgment.—Immediately after filing the

judgment roll, the clerk must make the proper entries of the judgment under appropriate heads, in the civil docket kept by him.

549. Docket to be open for inspection without charge.—The

docket kept by the clerk is open at all times, during office hours,

for the inspection of the public, without charge. The clerk nmst

arrange the several dockets kept by him in such a manner as to

facilitate their inspection.

550. Satisfaction of a judgment, how made.—Satisfaction of h, judgment may be entered in the clerk's docket upon an execution

returned satisfied, or upon an acknowledgment of satisfaction filed with the clerk, made in the manner prescribed in chapter 22 of

Title 3, The Civil Code, by the judgment creditor, or by his indorsement on the face, or on the margin of the record of tlie judgment, or by the attorney, unless a revocation of his authority is filed. When-| I ever a judgment is satisfied in fact, otherwise than upon an execu-'"

tion, the party or attorney must give such acknowledgment, or

406
THE CODE OF CIVIL PROCEDURE [T. 4, § 5G2 make such indorsement, and, upon motion, the court may compel

it, or may order the entry of satisfaction to be made without it,

Cross-Retekences

Ackncjwledgriiients, see section 33 of this title. Attorney, power to bind client, see section 4S of this title. Contribution between joint judgment debtors, see section 610 of this title. Fur chapter 22 of title 3, see title 3, sections 491 et seq. ARTICLE 9.—UNDERTAKING IN ACTION TO SET ASIDE FRAUDULENT

TRANSFER

Sec. 5G1. Undertaking permitting transferee to dispose of property.

562. Conditions of undeitaliing.

563. Filing and serving undertaking.

564. Objections to sureties. 565. Justification of sureties ; approval and

disapproval of undertaking.

Sec. 566. Objection because estimated value in undertaking less than market value ; new undertaking.

567. Justification of sureties. 568. Wben undertaking becomes effective. 560. Judgment against sureties.

561. Undertaking permitting transferee to dispose of property.—Where an action is commenced to set aside a transfer or con- veyance of property on the grounds that such transfer or conveyance was made to hinder, delay, or defraud a creditor or creditors, the

transferee or grantee to whom it is alleged the property was trans- ferred or conveyed to hinder, delay or defraud creditors or the suc- cessors or assigns of such transferee or grantee, may give an undertaking as herein provided, and when such undertaking is given as herein provided, the transferee or grantee to whom it is alleged the

property was transferred or conve3^ed to hinder, delay, or defraud

creditors, or the successors and assigns of such transferee or grantee,

may sell, encumber, transfer, convey, mortgage, pledge, or otherwise dispose of the propert}", or any part thereof, which is alleged

to have been transferred or convej^ed to hinder, delay, or defraud

creditors, so that the purchaser, encumbrancer, transferee, mortgagee, grantee, or pledgee of such property, will take, own, hold, and

possess such property unaffected by such action and suit, or the

judgment which may be rendered therein.

CeOSS-RE3TE21ENCB Fraudulent conveyances or transfers, see title 3, sections 2761 et seq.

562. Conditions of undertaking.—Such undertaking with two

sureties shall be executed by the transferee or grantee to whom it

is alleged the property was transferred or conveyed to hinder, delay,

or defraud creditors, or the successor or assign of such transferee

or gi'aiitee, in double the estimated value of the property so alleged

to have been transferred or conveyed : Provided^ That in no case need

such undertaking be for a greater sum than double the amount of

the debt or liability alleged to be due and owing to the plaintiff in

such action, commenced to set aside said transfer and conveyance;

and where such estimated value of the property alleged so to have

been conveyed is less than the sum alleged to be due and owing to

407
T. 4, § 563] TEE CODE OF CIVIL PROCEDURE

the plaintiff in the action, such estimated value shall be stated in

the undertaking, and sai J undertaking shall be conditioned that, if it be adjudged in said action that the transfer or conveyance Avas made

to hinder, delay or defraud a creditor or creditors, then that the

transferee or grantee or the said successor or assigns of such transferee or grantee giving such undertaking, will pay to the plaintiff

in said action a sum equal to the value, as the same is estimated in

said undertaking, of said propert}^ alleged to have been transferred

or conveyed to hinder, delay, or defraud creditors, not exceeding the

sum alleged to be due and owing to the plaintiff' in the action.

563. Filing and serving undertaking.—Said undertaking shall be

filed in the action in which said execution issued and a copy thereof

served upon the plaintiff' or his attorney in said action.

564. Objections to sureties.—Within ten days after service of the

copy of undertaking the plaintiff may object to such undertaking on the ground of inability of the sureties, or either of them, to pay

the sum for which they become bound in said undertaking, and upon

the ground that the estimated value of the property therein is less than the market value of such property. Such objection to the

undertaking shall be made in writing, specifying the ground or grounds of objection, and if the objection is made to the undertaking

that the estimated value therein is less than the market value of the

property, such objection shall specify the plaintiff's estimate of the

market value of the property. Such Avritten objection shall be served

upon the said transferee or grantee, or the successor or assigns of

such transferee or grantee giving such undertaking.

565. Justification of sureties; approval and disapproval of undertaking.—When the sureties or either of them, are objected to, the

surety or sureties so objected to shall justify before the court in

which the action is commenced, upon ten daj^s' notice of the time

when they Avill so justify being given to the plaintiff, or plaintiff's

attorney. Upon the hearing and examination into the sufficiency of

a surety, witnesses may be required to attend and evidence may

be procured and introduced in the same manner as in trial of civil cases. Upon such hearing and examination the court shall make

its order, in writing, approving or disapproving the sufficiency of

the sureties or surety on such undertaking. In case the court dis- approves of the surety or sureties on any undertaking, a new undertaking may be filed and served, and to any undertaking given under

the provisions of this article the same objection to the sureties may

be made and the same proceedings had as in case of the first undertaking filed and served.

566. Objection because estimated value in undertaking less than

market value; new undertaking.—When objection is made to the

undertaldng upon the ground that the eytimaled value of the

property, as stated in the undertaking, is less than the market value

of the property, the transferee or grantee, or the sucessor or assigns

of such transferee or grantee giving the undertaking may accept the

estimated value stated by the i:)laintiff in said objection, and a new

406
THE CODE OF CIVIL PROCEDURE [T. 4, § 569 undertaking may at once be filed, with the plaintiff's estimate stated

therein as the estimated value, and no objection shall thereafter be

made upon that ground; if the plaintiff's estimate of the market

value is not accepted, the transferee or grantee, or the successor or

assigns of the grantee or transferee giving such undertaking, upon

ten days' notice to the plaintiff, shall move the court in which the

action is pending to estimate the market value of the property, and

upon the hearing of such motion, witnesses may be required to attend

and testify, and evidence may be produced in the same manner as in the trial of civil actions. Upon the hearing of the motion the

court shall estimate the market value of the property, and if the

estimated value of the property as made by the court exceeds the

estimated value as stated in the undertaking, a new undertaking

shall be filed and served with the market value determined by the

stated value therein as the estimated value of the property.

567. Justification of sureties.—The sureties shall justify upon the

undertaking as required by section 963 of this title. 568. When undertaking becomes effective.—The undertaking

shall become effeciive for the purpose stated in section 561 of this

title, ten days after service of copy thereof on the plaintiff, unless

objection to such undertaking is made as provided in sections 564

or 566 of this title, and in case objection is so made to the undertaking filed and served, the same shall become effective for such purpose when an order is made by such court approving the sureties,

when the surety or sureties are objected to, or affirming the estimate

of the value of property when objection is made thereto, or in case any objection to the undertaking is sustained by the court when a new undertaking is filed and served as required by sections 565 or

566, to which no objection is made, or if made is not sustained by

the court. 569. Judgment against sureties.—If judgment be rendered in

said action that the alleged transfer or conveyance was made to hinder, delay, or defraud creditors, then judgment shall be rendered

in such action without further proceeding in favor of plaintiff and

against the principal and sureties on said undertaking for the sum

for which said undertaking was executed according to the conditions

thereof.

93083—34 27 4O9
T.4, §581] THE CODE OF CIVIL PROCEDURE

CHAPTER 12.—EXECUTION OF JUDGMENT IN CIVIL ACTIONS

Art. Sec. i Art. Sec.

1. Execution 581 2. Proceedings supplemental to exeI cution 621 ARTICLE 1.—EXECUTICfiS:

Sec. 581.

582.

583.

584. 585.

586.

587.

588. 589.

590.

591. 592.

593. 594.

595.

596. 597.

598.

599.

600.

Within what time execution may issue. Stay of execution. Who may issue the execution, its form,

to whom directed, and what it shall

rtquire. When made returnable. Money judgments and others, how enforced. Execution after five years. When execution may issue against the property of a party after his death. Property liable to execution ; not

affected until levied on. Indemnity where property claimed by

third party. What exempt from execution. Writ, how executed. Notice of sale under execution, how

given. Selling without notice, what penalty

attached.

Sales, how conducted ; neither the of- ficer conducting it nor his deputy

to be a purchaser ; real and personal

property, how sold ; judgment

debtor, if present, may direct order

of sale, and the ofllcer shall follow

his directions.

If purchaser refuses to pay purchase- money, what proceedings.

Officer may refuse such purchaser's subsequent bid. Two preceding sections not to make

officer liable beyond a certain amount.

Personal property capable of manual

delivery, how delivered to purchaser. Personal property not capable of manual deliveiy, how sold and delivered. Sale of real property ; what purchaser

is substituted to and acquires.

Sec. 601. When sales are absolute ; what certificate must show.

602. Real property so sold, by whom it may be redi'cmed. 603. When it may be redeemed, and re- demption money.

C04. Another redeuiptioner may redeem.

605. In cases of redemption, to whom the payments are to be made.

606. What a redemptioner must do in order

to redeem.

607. Until the expiration of redemptiontime, court may restrain waste on

tlie property ; wnat considered waste.

608. Rents and profits. 609. If purchaser of real property be

evicted for irregularities in sale, what he may recover, and from whom ; when judgment to be re- vived ; petition for the purpose, how

and by whom made.

610. Party who pays more than his share may compel contribution. 611. Claimant of property may give undertaking and release property.

612. Claim of property ; undertaking, amount and conditions of. 613. Claim of property ; undertaking, filing, and serving.

614. Claim of property ; undertaking, ob- jections to. 615. Claim of property ; justification, approval, and disapproval.

616. Claim of property ; undertaking, esti- mate of value, and new undiTtaking. 617. Claim of property j undertaking, justi- fication of sureties. 618. Claim of property ; undertaking, when

becomes etiective.

Section 581. Within what time execution may issue.—The party

in whose favor judgment is given may, at any time within live years

after the entry thereof, have a writ of execution issued for its en- forcement. If, after the entry of the judgment, the issuing of

execution tliereon is stayed or enjoined by any judgment or order

of court, or by operation of law, the time during which it is so stayed or enjoined must be excluded from tlie computation of tlie five 3'ears within wliicli execution may issue.

Cross-Refekences

Time for execution, w'ben extended, see section 5SG of this title. Satisfaction of judgment by clerk wliere money deposited by defendant, see section 312 of tliis title. Satisfaction of judgment by marsbal out of property attached, see section 365

of thi.s title. Executor or adiniuistrator, no execution to issue upon judgment against, upon

claim against estate, see section 14S5 of this title. Receiver in proceedings in aid of execution, see section 381 of this title. Death, no execution to issue after, see sedions 14S5, 1486 of this title. New execution after discharge of defendant from arrest, see section 1130 of

this title. J

410
TEE CODE OF CIVIL PROCEDURE [T. 4, § 583

582. Stay of Execution.—The court or the judge thereof shall not

have the power, without the consent of the adverse party, to stay,

for a lon<:er period than thirty days, the execution of any judgment

or order the execution whereof would be stayed on appeal only by

the execution of a sta}' bond.

583. Who may issue the execution, its form, to w^hom directed,

and what it shall require.—The writ of execution must be issued in

the name of the Government of the Canal Zone, sealed with the seal of the court, and subscribed by the clerk, and be directed to the marshal, and it must intelligibly refer to the judgment, stating the court,

the division where the judgment roll is filed, and if it be for money,

the amount thereof, and the amount actually due thereon, and if made payable in a specified kind of money or currency, as provided

in section 544 of this title, the execution must also state the kind of

money or currency in which the judgment is payable, and must

require the marshal substantially as follows

1. If it be against the property of the judgment debtor, it must

require the marshal to satisfy the judgment, with interest, out of

the property of such debtor.

2. If it be against propert}^ in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees, it must require

the marshal to satisfy the judgment, with interest, out of such

property.

3. If it be against the person of the judgment debtor, it must

require the marshal to arrest such debtor and commit him to jail

until he pay the judgment, with interest, or be discharged according

to law.

4. If it be issued on a judgment made payable in a specified kind

of money or currency, as provided in section 544. it must also require

the marshal to satisfy the same in the kind of money or currency in

which the judgment is made payable, and the marshal must refuse

payment in any other kind of money or currency; and in case of

levy and sale of the propert}^ of the judgment debtor, he must refuse

payment from any purchaser at such sale in any other Idnd of money

or currency than that specified in the execution. The marshal col- lecting money or currency in the manner required by this article,

must pay to the plaintiff or party entitled to recover the same, the same kind of money or currency received by him, and in case of

neglect or refusal so to do, he shall be liable on his official bond to the judgment creditor in three times the amount of the money so

collected.

5. If it be for the delivery of the possession of property, it must

require the marshal to deliver the possession of the same, describing

it, to the party entitled thereto, and may at the same time require

the marshal to satisfy any costs, damages', rents, or profits recovered

by the same judgment, out of the property of the person against

whom it was rendered, and the value of the pro]Derty for which the

judgment was rendered to be specified therein if a delivery thereof

cannot be had.

Cross-Refekexces

Contempt in resisting, see section 1163 of this title. Mandamus, execution for costs and damages in, see section 1059 of this

title. 411
T.4, §584] THE CODE OF CIVIL PROCEDURE

584. When made returnable.—The execution may be made returnable, at any time not less than ten nor more than sixty da3's after its receipt by the marshal, to the clerk with whom the judgment roll is filed. When the execution is returned the clerk must attach it to the judgment roll. 585. Money judgments and others, how enforced.—When the

judgment is for money, or the possession of property, the same may

be enforced by a writ of execution; and if the judgment direct

that the defendant be arrested, the execution may issue against the

person of the judgment debtor, after the return of an execution

against his property unsatisfied in whole or part; when the judgment

requires the sale of property, the same may be enforced bj^ a writ

reciting such judgment, or the material parts thereof, and directing

the proper officer to execute the judgment, hy making the sale and

applying the proceeds in conformity therewith; when the judgment

requires the performance of any other ^ct than as above designated,

a certified copy of the judgment may be served upon the party

against whom the same is rendered, or upon the person or officer required thereby or by law to obey the same, and obedience thereto

may be enforced by the court,

Cross-References

Writ of possession or restitution, see sections 137 and 1154 of this title. Execution against person, discharge of prisoner, see sections 1121 to 1132 of

this title. Sale of property, see sections 594 et seq., of this title. Performance of any other act, enforcing obedience, see section 11G3 of

this title. 586. Execution after five years.—In all cases the judgment may

be enforced or carried into execution after the lapse of five years

from the date of its entry, by leave of the court, upon motion,

or by judgment for that purpose, founded upon supplemental pleadings; but nothing in this section shall be construed to revive a judgment for the recovery of money which shall have been barred by

limitation at the time of the enactment of this title. 587. When execution may issue against the property of a party

after his death.—Notwithstanding the death of a party after the

judgment, execution thereon may be issued, or it may be enforced, as follows

1. In case of the death of the judgment creditor, upon the application of his executor or administrator, or successor in interest

2. In case of the death of the judgment debtor, if the judgment be

for the recovery of property, or the enforcement of a lien thereon.

Ckoss-References

Effect of death of party on action, see section 141 of this title. Judgment after death of party, see section 54G of this title. Execution after death of party, see section 1486 of this title.

588. Property liable to execution ; not affected until levied on.—

All goods, chattels, moneys, and other property, both real and per- sonal, or any interest therein, of the judgment debtor, not exempt

412 il
THE CODE OF CIVIL PROCEDURE [T. 4, § 590 by law, and all property and rights of property seized and held

under attachment in the action, are liable to execution. Shares

and interests in any corporation or company, and debts and credits,

and all other propert,y, both real and personal, or any interest

in either real or personal property, and all other property not

capable of manual delivery, may be levied upon or released from levy

in like manner as like property may be attached or released from

attachment. Until a levy, property is not affected by the execution

but no levy shall bind an}'^ property for a longer period than one

3^ear from the date of the issuance of the execution : Provided, however. That an alias execution may be issued on said judgment and

levied on any property not exempt from execution.

Cross-References

Levy on mortsraged personalty, see title 3, sections 2268 to 2270. Lien of officer levying executi<in on personalty, see title 3. section 231G. Exemptions, generally, see section 590 of this title. 589. Indemnity where property claimed by third party.—If the

property levied on is claimed by a third person as his property

by a written claim verified by his oath or that of his agent, setting out his right to the poss.ession thereof, and served upon the marshal, the marshal is not bound to keep the propert}^ unless the

plaintiff, or the person in whose favor the writ of execution runs, on demand, indemnifies the marshal against such claim by an undertaking by at least two good and sufficient sureties in a sum equal to double the value of the property levied on; and the marshal is not

liable for damages for the taking or keeping of such property to any

such third person, unless such a claim is made.

The marshal may demand and exact the undertaking herein provided for notwithstanding any defect, informality, or insufficiency

of the verified claim served upon him.

Ckoss-Refeeence

Liability of sureties on judgment against marshal, see section 961 of tiiis title. 590. What exempt from execution.—The following property is exempt from execution or attachment, except as herein otherwise

speciall}^ provided

1. Chairs, tables, desks, and books, to the value of $200 belonging

to the judgment debtor;

2. Household furniture and utensils necessary for housekeeping

and used for that purpose by the debtor, such as the debtor may

select, of a value not exceeding $250 ; and all wearing apparel

3. Tools and implements necessarily used by him in his trade or employment

4. Two domestic animals such as the debtor may select, not exceeding $100 in value, and necessarily used by him in his ordinary

occupation

5. The professional libraries of lawj^ers, judges, clergymen, doctors, school teachers, and music teachers, not exceeding $250 in value;

6. One fishing boat and net, not exceeding the total value of $200,

the property of any fisherman, by the lawful use of which he earns

his livelihood

413
T. 4, §591] THE CODE OF CIVIL PROCEDURE

7. The wages and earnings of all seamen and seagoing fishermen,

not exceeding $300, regardless of where or when earned, and in addition to all other exemptions otherwise provided by any law

8. The earnings of the judgment debtor for his personal services

rendered at any time within thirty days next preceding the lev}' of

execution or attachment, when it appears by the debtor's affidavit or

otherwise, that such earnings are necessary for the use of his family,

residing in the Canal Zone, supported in whole or in part by his

labor; but where debts are incurred by any such person, or his wife

or family for the common necessaries of life, or have been incurred

at a time when the debtor had no family residing in the Canal Zone,

supported in whole or in part by his labor, the one half of such

earnings above mentioned is nevertheless subject to execution, garnishment, or attachment to satisfy debts so incurred;

9. All the nautical instruments and wearing apparel of any master,

officer, or seaman of any steamer or other vessel

10. All arms, uniforms, and accouterments required by law to be

kept by any person, and also one gun, to be selected by the debtor;

11. Life insurance benefits. All moneys, benefits, privileges, or immunities accruing or in any manner growing out of any life insur- ance, if the annual premiums paid do not' exceed $500, and if they

exceed that sum a like exemption shall exist which shall bear the same proportion of the moneys, benefits, privileges, and immunities

so accruing or growing out of such insurance that said $500 bears to the whole annual premiums paid;

12. Pensions. All money received by any person, a resident of the

Canal Zone, as a pension from the United States Government,

whether the same shall be in the actual possession of such pensioner

or deposited, loaned, or invested bj' him.

Not exempt from judgment for price.—No article, however, or

species of property mentioned in this section is exempt from execution issued upon a judgment recovered for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

591. Writ, how executed.—The marshal must execute the writ

against the property of the judgment debtor, by levying on a suffi- cient amount of property, if there be sufficient; collecting or selling

the things in action, and selling the other property, and paying to the plaintiff or his attorne}' so much of the proceeds as will satisfy

the judgment. Any excess in the proceeds over the judgment and

accruing costs must be returned to the judgment debtor, unless otherwise directed by the judgment or order of the court. When there

is more property of the judgment debtor than is sufficient to satisfy

the judgment and accruing costs within the view of the marshal,

he must levy only on such part of the property as the judgment

debtor may indicate, if the property indicated be amply sufficient to

satisfy the judgment and costs. 592. Notice of sale under execution, how given.—Before the sale of property on execution or under power contained in any deed of

trust, notice thereof must be given as follows:

1. In case of perishable property: By posting written notice of

the time and place of sale in three public places of the town where

414

II
THE CODE OF CIVIL PROCEDURE [T. 4, § 595

the sale is to take place, for such time as may be reasonable,

considering the character and condition of the property.

2. In case of otlier personal property : By posting a s.imilar notice

in three public places in the town where the sale is to take place, for not less than five days nor more than ten days.

3. In case of real property: By posting a similar notice particularly describing the property for twenty days, in three public places

of the town where the property is to be sold and publishing a copy

thereof once a week for the same period, in some newspaper of general circulation in the Canal Zone: Provided^ That where real property is to be sold under the provision of any deed of trust the copy of

said notice shall be posted in some conspicuous place on the property

to be sold, at least twenty da5^s before date of sale.

4. When the judgment under which the property is to be sold is made payable in a specified kind of money or currency, the several

notices required by this section must state the kind of money or currency in which bids maj-^ be made at such sale, which must be the same as that specified in the judgment.

Ceoss-Reference

Specified kind of money, see section 583 of this title. 593. Selling w^ithout notice, what penalty attached.—An officer selling without the notice prescribed by the next preceding section

forfeits $500 to the aggrieved party, in addition to his actual damages; and a person willfully taking down or defacing the notice

posted, if done before the sale or the satisfaction of the judgment

(if the judgment be satisfied before sale), forfeits $500.

594. Sales, how conducted; neither the officer conducting it nor

his deputy to be a purchaser ; real and personal property, how sold

judgment debtor, if present, may direct order of sale, and the offi- cer shall follow his directions.—All sales of property under execution must be made at auction, to the highest bidder, between the hours

of nine in the morning and five in the afternoon. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither the officer holding the execution nor his deputy can become

a purchaser or be interested in any purchase at such sale. When

the sale is of personal property, capable of manual deliver}'-, it must

be within view of those who attend the sale, and be sold in such

parcels as are likely to bring the highest price ; and when the sale is of real property, consisting of several known lots or parcels, the}^

must be sold separately; or when a portion of such real property is claimed by a third person, and he requires it to be sold separately,

such portion must be thus sold. The judgment debtor, if present

at the sale, may also direct the order in which property, real or personal, shall be sold, when such property consists of several known

lots or parcels, or of articles which can be sold to advantage separately, and the marshal must follow such directions.

595. If purchaser refuses to pay purchase-money, what proceedings.—If a purchaser refuse to pay the amount bid by him for

property struck off to him at a sale under execution, the officer may

again sell the property at any time to the highest bidder, and if any

415
T.4, §596] TEE CODE OF CIVIL PROCEDURE

loss be occasioned thereby, the officer may recover the amount of such

loss, with costs, from the bidder so refusing, in any court of

competent jurisdiction.

596. Officer may refuse such purchaser's subsequent bid.—AVhen

a purchaser refuses to pay, the oilicer may, in his discretion, thereafter reject any subsequent bid of such person.

597. Two preceding sections r.ot to make officer liable beyond a

certain amount.—Sections 595 and 596 of this title must not be con- strued to make the officer liable for any more than the amount bid

by the second or subsequent purchaser, and the amount collected

from the purchaser refusing to pay.

598. Personal property capable of manual delivery, how deliv. ered to purchaser.—When the purchaser of any personal property

capable of manual delivery pays the })urchase-money, the officer making the sale must deliver to the purchaser the property, and, if desired, execute and deliver to him a certificate of the sale. Such

certificate conveys to the purchaser all the right which the debtor

had in such property on the day the execution or attachment was

levied.

599. Personal property not capable of manual delivery, how sold

and delivered.—When the purchaser of any personal property not

capable of manual delivery pays the purchase-money, the officer making the .sale must execute and deliver to the purchaser a certifi- cate of sale. Such certificate convej'^s to the purchaser all the right

which the debtor had in such property on the day the execution or attachment was levied.

Cross-Refekexce

Attachment, personalty not capable of manual delivery, see section 356 of this

title. 600. Sale of real property; what purchaser is substituted to and

acquires.—Upon a sale of real property, the purchaser is substituted

to and acquires all the right, title, interest, and claim of the judgment

debtor thereto on the date of the levy of the execution thereon.

And in case property, real or personal, has been attached in the

action, the purchaser is substituted to and acquires all the right,

title, interest, and claim of the judgment debtor on or at any time

after the day the attachment was levied upon such property.

Ckoss-Referencks

Marshal's deed, and what passes by it. see section 004 of this title. Injunction to restrain person in possession from waste, see section 068 of this

title. Recovery of damages for waste, see section 009 of this title. 601. When sales are absolute; what certificate must show.—

Sales of personal property, and of real property, when the estate therein is less than a leasehold of two years' imexpired term, are

absolute. In all other cases the property is subject to redemption,

as provided in this article. The officer must give to the purchaser

a certificate of sale, and file a duplicate thereof for record in the

416
THE CODE OF CIVIL PROCEDURE [T. 4, § 004

office of the registrar of property, which certificate must state the

date of the judgment under which the sale was made and the names

of the parties tliereto, and contain

1. A particular description of the real property sold;

2. The price bid for each distinct lot or parcel

3. The whole price paid;

4. If the property is subject to redemption, the certificate must

so declare, and if the redemption can be effected only in a particular

kind of money or currency, that fact must be stated. Ckoss-Reference

Specified kind of money, see sections 583 and 592 of this title. 602. Real property so sold, by whom it may be redeemed.—

Property sold subject to redemption, as provided in the next preceding section, or any part sold separately, may be redeemed in the manner hereinafter provided, by the following persons, or their successors in interest:

1. The judgment debtor, or his successor in interest, in the whole

or any part of the property;

2. A creditor having a lien or mortgage on the property sold, or on some share or part thereof, subsequent to that on which the property was sold. The persons mentioned in subdivision 2 of this

section are, in this article, termed redemptioners.

Cross-Rei-erences

Judgment creditor, redemption by, see also section 1486 of tliis title. Lien, redemption from, see title 3, sections 2211 to 2213. Contract in restraint of redemption void, see title 3, section 2192. 603. When it may be redeemed, and redemption money.—The

judgment debtor, or redemptioner, may redeem the property from

the purchaser any time within twelve months after the sale on paying the purchaser the amount of his purchase, with 1 percent

per month thereon in addition, up to the time of redemption. And

if the purchaser be also a creditor, having a prior lien to that of the

redemptioner, other than the judgment under which said purchase was made, the amount of such lien with interest. 604. Another redemptioner may redeem.—If property be so re- deemed by a redemptioner, another redemptioner may, within sixty

days after the last redemption, again redeem it from the last re- demptioner, on paying the sum paid on such last redemption, with

2 percent thereon in addition, and, in addition, the amount of any

liens held by said redemptioned prior to his own, with interest; but

the judgment under which the property was sold need not be so paid

as a lien. Selling property again.—The property may be again, and as often

as a redemptioner is so disposed, redeemed from any previous re- demptioner within sixty days after the last redemption, on paying

the sum paid on the last previous redemption, with 2 percent thereon

in addition, and the amount of any liens, other than the judgment

under which the property was sold, held by the last redemptioner

previous to his own with interest.

417
T. 4, §605J THE CODE OF CIVIL PROCEDURE

Written notice to marshal ; to be filed with registrar.—Written

notice of redemption must be given to the marshal and a duplicate

filed with the registrar of property, and if the redemptioner has or acquires any lien other than that upon which the redemption was

made, notice thereof must in like manner be given to the marshal and

filed with the registrar; and if such notice be not filed, the property

may be redeemed without paying such lien. Marshal's deed.—If no redemption be made within twelve months

after the sale, the purchaser, or his assignee, is entitled to a conveyance; or if so redeemed, whenever sixty days have elapsed, and no

other redemption has been made, and notice thereof given and the

time for redemption has expired, the last redemptioner, or his as- signee, is entitled to a marshal's deed; but, in all cases, the judgment

debtor shall have the entire period of twelve months from the date

of the sale to redeem the property.

Redemption by judgment debtor.—If the judgment debtor redeem,

he must make the same payments as are required to effect a redemption by a redemptioner. If the debtor redeem, the effect of the

sale is terminated and he is restored to his estate. Certificate or redemption.—Upon a redemption by the debtor,

the person to whom the payment is made must execute and deliver to him a certificate of redemption, acloiowledged or proved before an

officer authorized to take acknowledgments. Such certificate must

be filed and recorded in the office of the registrar of property, and

the registrar must note the record thereof in the margin of the

record of the certificate of sale. 605. In cases of redemption, to whom the payments are to be

made.—The payments mentioned in sections 603 and 604 of this title may be made to the purchaser or redemptioner, or for him, to the

officer who made the sale. When the judgment under which the sale has been made is payable in a specified kind of money or currency,

payments must be made in the same kind of money or currency, and

a tender of the money is equivalent to payment.

Ceoss-Refeieence

Specified kind of money, see sections 583 and 592 of this title. 606. What a redemptioner must do in order to redeem.—A re- demptioner must produce to the officer or person from whom he seeks

to redeem and serve with his notice to the marshal making the sale, or liis successor in office:

1. A copy of the docket of the judgment under which he claims

the right to redeem, certified by the clerk of the court, where the

judgment is docketed; or, if he redeem upon a mortgage or other

lien, a note of the record thereof, certified by the registrar;

2. A copy of any assignment necessary to establish his claim,

verified by the affidavit of himself, or of a subscribing witness

thereto

3. An affidavit by himself or his agent, showing the amount then

actually due on the lien. 607. Until the expiration of redemption time, court may re- strain waste on the property; what considered waste.—Until the

418
THE CODE OP CIVIL PROCEDURE [T. 4, § 609

expiration of the time allowed for redemption, the court may re- strain the commission of waste on the property, by order granted

with or without notice, on the application of the purchaser or the

judgment creditor. But it is not waste for the person in possession

of the property at the time of sale, or entitled to possession afterwards, during the period allowed for redemption, to continue to use

it in the same manner in which it was previously used ; or to use in

the ordinary course of husbandry; or to make the necessary repairs

of buildings thereon; or to use wood or timber on the property

therefor ; or for the repair of fences ; or for fuel for his family, while

he occupies the property.

Cross-Reference

Waste, see sections 668 and 669 of this title. 608. Rents and profits.—The purchaser from the time of the sale until a redemption, and a redemptioner, from the time of his redemption until another redemption, is entitled to receive, from the tenant

in possession, the rents of the property sold, or the value of the use and occupation thereof. But when any rents or profits have been

received by the judgment creditor or purchaser, or his or their

assigns, from the property thus sold preceding such redemption, the

amounts of such rents and profits shall be a credit upon the redemption money to be paid; and if the redemptioner or judgment debtor,

before the expiration of the time allowed for such redemption, demands in Avriting of such purchaser or creditor, or his assigns, a written and verified statement of the amounts of such rents and

profits thus received, the period for redemption is extended five days after such sworn statement is given by such purchaser or his

assigns, to such redemptioner or debtor. If such purchaser or his

assigns shall, for a period of one month from and after such demand,

fail or refuse to give such statement, such redemptioner or debtor

may bring an action in any court of competent jurisdiction, to compel an accounting and disclosure of such rents and profits, and

until fifteen days from and after the final determination of such

action, the right of redemption is extended to such redemptioner or

debtor.

609. If purchaser of real property be evicted for irregularities

in sale, what he may recover, and from whom ; when judgment to be revived; petition for the purpose, how and by whom made.—If

the purchaser of real property sold on execution, or his successor

in interest, be evicted therefrom in consequence of irregularities in

the proceedings concerning the sale, or of the reversal or discharge

of the judgment, he may recover the price paid, with interest, from

the judgment creditor. If the purchaser of property at marshal's

sale, or his successor in interest, fail to recover possession in conse- quence of irregularity in the proceedings concerning the sale, or be- cause the property sold was not subject to execution and sale, the

court having jurisdiction thereof must, after notice and on motion

of such party in interest, or his attorney, revive the original judgment in the name of the petitioner, for the amount paid by such purchaser at the sale, with interest thereon from the time of payment at

419
T.4, §610] THE CODE OP CIVIL PROCEDURE

the same rate that the original judgment bore ; and the judgment so

i-evived has the same force and effect as would an original judgment

of the date of the revival, and no more.

610. Party who pays more than his share may compel contribution.—When property, liable to an execution against several persons, is sold thereon, and more than a due proportion of the judgment

is satisfied out of the proceeds of the sale of the property of one of

them, or one of them pays, without a sale, more than his proportion,

he may comjDel contribution from the others; and when a judgment is against several, and is upon an obligation of one of them, as security

for another, and the surety pays the amount, or any part thereof,

either by sale of his property or before sale, he may compel repayment from the principal. In such case the person so paying or con- tributing is entitled to the benefit of the judgment, to enforce contribution or repayment, if, within ten days after his payment, he file with the clerk of the court where the judgment was rendered, notice

of his payment and claim to contribution or repayment. Upon a

filing of such notice, the clerk must make an entry thereof in the

margin of the docket.

Cross-Refekence

Subrogation of surety on appeal bond, see section 069 of this title.

611. Claimant of property may give undertaking and release

property.—Where property levied upon under execution to satisfy a judgment for the payment of money is claimed, in whole or in part,

by a person, corporation, partnership, or association, other than the

judgment debtor, such claimant may give an undertaking as hereinafter provided, which undertaking shall release the property in the

undertaking described from the lien and levy of such execution.

612. Claim of property; undertaking, amount and conditions

of.—Such undertaking, with tAvo sureties, shall be executed by the

person, corporation, partnership, or association, claiming in whole or

in part, the property upon which execution is levied in double the

estimated value of the property claimed by the person, corporation,

partnership, or association : Provided, That in no case need such

undertaking be for a greater sum than double the amount for which

the execution is levied; and where the estimated value of the property so claimed by the person, corporation, partnership, or association

is less than the sum for which such attachment is levied, such esti- mated value shall be stated in the undertaking, and said undertaking

shall be conditioned that if the property claimed by the person, corporation, partnership, or association is finally adjudged to be the

property of the judgment debtor, said person, corporation, partnership, or association will pay of said judgment upon which execution

has issued a sum equal to the value, as estimated in said undertaking,

of said property claimed by said j^erson, corj^oration, partnership, or

association, and said property claimed shall be described in said

undertaking.

613. Claim of property; undertaking, filing, and serving.—Said

undertaking shall be filed in the action in which said execution issued

420
THE CODE OF CIVIL PROCEDURE [T.4, §616

and a copy thereof served upon the judgment creditor or his attorney

in said action.

614. Claim of property; undertaking, objections to.—^Within ten days after the service of the copy of undertaking, the judgment creditor may object to such undertaking on the ground of inability of

the sureties, or either of them, to pay the sum for which they become

bound in said undertaking, and upon the ground that the estimated

value of property therein is less than the market value of the property claimed. Such objection to the undertaking shall be made in

writing, specifying the ground or grounds of objection, and if the

objection is made to the undertaking that the estimated value therein

is less than the market value of the property claimed, such objection

shall specify the judgment creditor's estimate of the market value

of the property claimed. Such written objection shall be served

upon the person, partnership, corporation, or association giving such

undertaking and claiming the property therein described.

615. Claim of property; justification, approval, and disapproval.—When the sureties, or either of them, are objected to, the

surety or sureties so objected to shall justify before the court out of

Avhich such execution issued, upon ten days' notice of the time when

they will so justify being given to the judgment debtor or his attor- ney. Upon the hearing and examination into the sufficiency of a

surety, witnesses may be required to attend and evidence may be

procured and introduced in the same manner as in trial of civil cases. Upon such hearing and examination, the court shall make

its order, in writing, approving or disapproving the sufficiency of

the surety or sureties on such undertaking. In case the court dis- approves of the surety or sureties on any undertaking, a new undertaking may be filed and served, and to any undertaking given under

the provisions of sections 611 to 618 of this title, the same objection

to the sureties may be made, and the same proceedings had as in case of the first undertaking filed and served.

616. Claim of property; undertaking, estimate of value, and

new undertaking.—When objection is made to the undertaking upon

the ground that the estimated value of the property claimed, as stated in the undertaking, is less than the market value of the property claimed, the person, corporation, partnership, or association may

accept the estimated value stated by the judgment creditor in said

objection, and a new undertaking may be at once filed with the

judgment creditor's estimate stated therein as the estimated value,

and no objection shall thereafter be made upon that ground; if the

judgment creditor's estimate of the market value is not accepted,

the person, corporation, partnership, or association giving the undertaking shall move the court in which the execution issued, upon ten

days' notice to the judgment creditor, to estimate the market value

of the property claimed and described in the undertaking, and upon

the hearing of such motion witnesses may be required to attend and

testify, and evidence be produced in the same manner as in the trial of civil actions. Upon the hearing of such motion, the court shall

421
T. 4, § 617] THE CODE OF CIVIL PROCEDURE

estimate the market value of the property described in the undertaking, and if the estimated vakie made by the court exceeds the

estimated value as stated in the undertaking, a new undertaking

shall be filed and served, with the market value determined by the court stated therein as the estimated value.

617. Claim of property; undertaking, justification of sureties.—

The sureties shall justify on the undertaking as required bv section

963 of this title. 618. Claim of property; undertaking, when becomes effective.—

The undertaking shall become effective for the purpose herein specified ten days after service of copy thereof on the judgment debtor,

unless objection to such undertaking is made as herein provided, and

in case objection is made to the undertaldng filed and served, then

the undertaking shall become effective for such purposes when an undertaking is given as herein provided.

ArvTICLE 2.—PROCEEDINGS SUPPLEMENTAL TO EXECUTION

Sec. 62o. Witnesses required to testify. 626. Judge may order property to be applied on execution.

G27. Proceediugs upon claim of anotJier party.

628. Disobedience of orders, bow puuished.

Sec. 621. Debtor required to answer concerning

bis property, when.

622. Proceedings to compel debtor to ap- pear : in what cases he may be

arrested ; what bail may be given.

623. Any delitor of the judgment debtoi' may pay the latter's creditor. G24. Examination of debtors of judgment

debtor, or of those having property belonging to him. 621. Debtor required to answer concerning his property, when.—

When an execution against property of the judgment debtor, or of

any one of several debtors in the same judgment, issued to the marshal, is returned unsatisfied in whole or in part, the judgment creditor, at any time after such return is made, is entitled to an order

from the judge of the court, requiring such judgment debtor to appear and answer concerning his property before such judge, or a referee appointed by him, at a time and place specified in the order.

Gkoss-Refebences

Conduct of examina.tion, see .section Gll5 of this title. Receiver, aiding proceedings, see section :JS1 of this title. 622. Proceedings to compel debtor to appear; in what cases he

may be arrested; what bail may be given.—After the issuing of an execution against property, and upon proof, by affidavit of a party

or otherwise, to the satisfaction of the judge of the court that any

judgment debtor has property Avhich he unjustly refuses to apply

toward the satisfaction of the judgment, such judge may, by an

order, require the judgment debtor to aj^pear, at a specified time and

place, before such judge, or a referee appointed by him, to answer

concerning the same; and such proceedings may thereupon be had

for the application of the property of the judgment debtor toward

the satisfaction of the judgment as are provided upon the return of an execution. Instead of the order requiring the attendance of the

judgment debtor, the judge may, upon affidavit of the judgment

422
THE CODE OF CIVIL PROCEDURE [T. 4, § 626

creditor, his agent or attorney, if it appear to him that there is danger of the debtor absconding, order the marshal to arrest the

debtor and bring him before such judge. Upon being brought before

the judge, he may be ordered to enter into an undertaking, with suffi- cient suret}', that he will attend from time to time before the judge

or referee, as may be directed during the pendency of proceedings

and until the final termination thereof, and will not in the meantime

dispose of any portion of his property not exempt from execution.

In default of entering into such undertaking he may be committed

to jail.

Cross-Refeeences

Requiring witnesses to appeal- and answer, see section 625 of this title. Application of property of judgment debtor to satisfaction of judgment, Bee

section 626 of this title. Arrest of debtor as provisional remedy, see sections 291 to 316 of this title. Discharge of persons imprisoned on civil process, see sections 1121 to 1132 of

this title. 623. Any debtor of the judgment debtor may pay the latter's

creditor.—After the issuing of an execution against property, and

before its return, any person indebted to the judgment debtor may

pay to the marshal the amount of his debt, or so much thereof as may be necessary to satisfy the execution ; and the marshal's receipt

is a sufficient discharge for the amount so paid.

624. Examination of debtors of judgment debtor, or of those

having property belonging to him.—After the issuing or return of an execution against property of the judgment debtor, or of any one

of several debtors in the same judgment, and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted

to him in an amount exceeding $50, the judge maj', by an order,

require such person or corporation, or any officer or member thereof,

to appear at a specified time and place before him, or a referee

appointed by him, and answer concerning the same.

Ceoss-References

Receiver, see section 381 of this title. Referee, see section 621 of this title. 625. Witnesses required to testify.—Witnesses may be required

to appear and testify before the judge or referee, upon any proceeding under this article, in the same manner as upon the trial of an issue. Cross-Reifeeencb

Witnesses, rights and duties of, see sections 2141 to 2147 of this title.

626. Judge may order property to be applied on execution.—The

judge or referee may order any property of the judgment debtor,

not exempt from execution, in the hands of such debtor, or any

other person, or due to the judgment debtor, to be applied toward

the satisfaction of the judgment ; but no such order can be made as

to money or property in the hands of any other person or claimed

to be due from him to the judgment debtor, if such person claims

423
T. 4, § 627] THE CODE OF CIVIL PROCEDURE

an interest in the property adverse to the judgment debtor or denies

the debt.

Cross-Referbncb

Property exempt from execution, see section 590 of this title. 627. Proceedings upon claim of another party.—If it appears

that a person or corporation, alleged to have property of the judgment debtor, or to be indebted to him, claims an interest in the

property adverse to him, or denies the debt, the judgment creditor

may maintain an action against such person or corporation for the

recovery of such interest or debt; and the court or judge may, by

order, forbid a transfer or other disposition of such interest or debt,

until an action can be commenced and prosecuted to judgment. Such

order may be modified or vacated by the judge granting the same, or the court in which the action is brought, at any time, upon such terms

as may be just.

Cross-Retebjence

Receiver, see section 381 of this title. 628. Disobedience of orders, how punished.—If any person,

party, or witness disobey an order of the referee, properly made, in

the proceedings before him under this article, he may be punished

by the court or judge ordering the reference, for a contempt.

Cross-Reference

Contempt, see section 1163 of this title. CHAPTER 13.—ACTIONS IN PARTICULAR CASES

Art. Sec.

1. Actions for foreclosure of mortgages 641

2. Actions for nuisance and waste- 651

Art. Sec.

3. Actions to determine conflicting claims to property, and other

provisions relating to actions concerning real estate 661 ARTICLE 1.—ACTIONS FOR FORECLOSURE OF MORTGAGES

Sec. 641. Proceedings in foreclosure suits. 642. Surplus money to be deposited in court.

Sec. 643. Proceedings when debt secured falls due at different times.

644. Commissioner's oath, bond, report, and

compensation.

* Section 641. Proceedings in foreclosure suits.—There can be but

one action for the recovery of any debt, or the enforcement of any

right secured by mortgage upon real or personal property, which

action must be in accordance with the provisions of this article. In such action the court may, by its judgment, direct the sale of the

encumbered property (or so much thereof as may be necessary),

and the application of the proceeds of the sale to the payment of

the costs of court, and the expenses of the sale, and the amount due

plaintiff, including, where the mortgage provides for the payment

of attorney's fees, such sum for such fees as the court shall find rea- sonable, not exceeding the amount named in the mortgage.

The court may, by its judgment, or at any time after judgment,

appoint a commissioner to sell the encumbered property. It must

424
THE CODE OF CIVIL PROCEDURE [T. 4, § 643 require of him an undertaking in an amount fixed by the court, with

sufficient sureties, to be approved by the judge, to the effect that the

commissioner will faithfully perform the duties of his office according to law. Before entering upon the discharge of his duties he

must file such undertaking, so approved, together with his oath that

he will faithfully perform the duties of his office. If it appear from the marshal's return, or from the commissioner's

report, that the proceeds are insufficient, and a balance still remains

due, judgment must then be docketed by the clerk in the manner

provided in this title for such balance against the defendant or defendants personally liable for the debt. No person holding a con- veyance from or under the mortgagor of the property mortgaged,

or having a lien thereon, which conveyance or lien does not appear

of record in the office of the registrar of property at the time of the

commencement of the action, need be made a party to such action,

and the judgment therein rendered, and the proceedings therein had,

are as conclusive against the party holding such unrecorded conveyance or lien as if he had been a party to the action.

If the court appoint a commissioner for the sale of the property,

he must sell it in the manner provided by law for the sale of like

property by the marshal upon execution; and the provisions of sec- tions 581 to 618 of this title are hereby made applicable to sale made

by such commissioner, and the powers therein given and the duties

therein imposed on the marshal are extended to such commissioner.

Cboss-Referbnces

Foreclosure of mortgage against estate, see sections 1478 and 1481 of this

title. Injunction to restrain waste by party in possession, see section 668 of this

title. Judgment by default and relief granted thereon, see sections 414 and 421 of

this title. IMortgage not a personal obligation imless an express covenant, see title 3, section 2238. Mortgage or pledge of personal property, remedies, see title 3, sections 2267,

and 2281 to 2306. Pleading written document, see sections 242 to 244 of this title. Foreclosure necessary to obtain possession, see section 667 of this title. Receiver, see section 381 of this title. Tender, see section 911 of this title. 642. Surplus money to be deposited in court.—If there be sur- plus money remaining, after payment of the amount due on the mortgage, lien, or encumbrance, with costs, the court may cause the same

to be paid to the person entitled to it, and in the meantime may direct

it to be deposited in court. Cboss-Refebence

Deposit in court, see sections 391 and 392 of this title. 643. Proceedings when debt secured falls due at different

times.—If the debt for which the mortgage, lien, or encumbrance

is held is not all due, so soon as sufficient of the property has been

sold to pay the amount due, with costs, the sale must cease; and

afterwards, as often as more becomes due, for principal or interest,

93083—34 28 425
T.4, §644] THE CODE OF CIVIL PROCEDURE

the court may, on motion, order more to be sold. But if the property cannot be sold in portions, without injury to the parties, the

whole may be ordered to be sold in the first instance, and the entire

debt and costs paid, there being a rebate of interest where such

rebate is proper.

644. Commissioner's oath, bond, report, and compensation.—

The commissioner, before entering upon his duties, must be sworn

to perform them faithfully, and the court making the appointment

shall require of him an undertaking, with sufficient sureties, to be

approved by the court, in an amount to be fixed by the court, to the

effect that he will faithfull}^ perform the duties of commissioner

according to law. Within thirty days after such sale, the commissioner must file with the clerk of the court in which the action is pending, a verified report and account of the sale, together with the

proper affidavits, showing that the regular and required notice of the

time and place of the sale was given, which report and account shall have the same force and effect as the marshal's return in sales under

execution. In all cases of sales made by a commissioner, the court in

which the proceedings are pending shall fix a reasonable compensation for the commissioner's services, but in no case to be less than the

sum of $10.

ARTICLE 2.—ACTIONS FOR NUISANCE AND WASTE

Sec. j Sec. 651. Nuisauce defined ; abatement of ; ac- 052. Waste, actions for. tions instituted, by whom. I 651. Nuisance defined; abatement of; actions instituted, by

whom.—An action may be brought b}' any person whose property

is injuriously affected, or whose personal enjoyment is lessened by a nuisance, as the same is defined in section 2801 of title 3, and by the

judgment in such action the nuisance may be enjoined or abated as well as damages recovered therefor. A civil action may be brought

in the name of the Government of the Canal Zone to abate a public

nuisance as the same is defined in section 2802 of title 3, by the

district attorney.

Ceoss-Refebences

Nuisance generally, see title 3, sections 2801 to 2821. Nuisance enjoined, see title 3, section 2684. Public nuisance, see also title 5, sections 551 and 552. 652. Waste, actions for.—If a guardian, tenant for life or years,

joint tenant, or tenant in common of real property, commit waste

thereon, any person aggrieved by the waste may bring an action

against him therefor, in which action there may be judgment for

treble damages.

Cross-References

Waste, see section 669 of this title. Enjoining, see section 668 of this title.

426
THE CODE OF CIVIL PROCEDURE [T. 4, § 663 ARTICLE 3.—ACTIONS TO DETERMINE CONFLICTING CLAIMS TO

PROPERTY, AND OTHER PROVISIONS RELATING TO ACTIONS

CONCERNING REAL ESTATE

Sec. OCT. A mortgage must not be deertifd a conveyance, whatever its terms.

608. When couit may grant injunction

(luring foreclosure or after sale on

execution, before conveyance.

669. Damages may be recovered for in- jury to tlie possession after sale and before delivery of possession.

070. Action not to l)e prejudiced by alienation pending suit.

Sec. 661. Action to quiet title to real and per- sonal property.

662. When plaintiff cannot recover costs. 663. Where plain! iff"s right terminates pending suit, what he may recover. 664. When value of improvements can be

allowed as a set-ofif. 605. An order may lie made to allow a

party to survey and measure the land in dispute. 606. Order, what to contain, and how

served ; if unnecessary injury done, the party surveying to be liable therefor. 661. Action to quiet title to real and personal property.—An

action may be brought by any person again:?! another who claims an estate or interest in real or personal property adverse to him, for

the jDurpose of determining such adverse claim: Provided^ however^

That whenever in an action to quiet title to, or to determine adverse

claims to, real or personal propert}'^, the validity or interpretation

of any gift, devise, bequest, or trust, under any will or instrument

purporting to be a will, whether admitted to probate or not, shall be

involved, such will, or instrument purporting to be a will, is admissible in evidence; and all questions concerning the validity of any

gift, devise, bequest, or trust therein contained, save such as belong

exclusively to the probate jurisdiction, shall be determined in such

action: Provided^ further^ That if the said will shall have been

admitted to probate and interpreted b}^ a decree of the district court,

which decree has become final, such interpretation shall be conclusive as to the proper construction of said will, or any part thereof,

so construed, in any action under this section : And provided^ further.

That nothing herein contained shall be construed to deprive a party

of the right to a jury trial in any case where by the law such right is now given.

Cross-Refeeences

Possession of executors os possession of heirs for purposes of suit to quiet

title, see section 1521 of this title. Determining claim to personalty, see section 956 of this title. Parties, see sections 133 and 137 of this title. 662. When plaintiff cannot recover costs.—If the defendant in

such action disclaim in his answer an}^ interest or estate in the

property, or suffer judgment to be taken against him without answer,

the plaintiff cannot recover costs. Ceoss-Reterence

Costs, see sections 1001 et seq. of this title.

663. Where plaintiff's right terminates pending suit, what h2

may recover.—In an action for the recovery of property, where the

plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the

pendency of the action, the verdict and judgment must be accorcl427
T.4, §664] THE CODE OF CIVIL PROCEDURE

ino; to the fact, and the plaintiff may recover damages for withholding the property.

Cross-Bkferences

Pendency of action, see section 955 of this title. Alienation pending action, see section 670 of this title. 664. When value of improvements can be allowed as a set-off.—

When damages are claimed for withholding the property recovered,

ujwn which permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title adversely to the claim of the j)laintiff, in good faith, the value

of such improvements must be allowed as a set-olF against such

damages.

Cross-IIeferbnce

Counterclaim, see sections 223 and 224 of this title. 665. An order may be made to allow a party to survey and

measure the land in dispute.—The court in which an action is pending for the recover}^ of real property, or for damages for an

injury thereto, or the judge thereof may, on motion, upon notice by

either party for good cause shown, grant an order allowing to such

party the right to enter upon the property and make survey and

measurement thereof, for the purpose of the action, even though

entry for such purpose has to be made through other lands belonging

to parties to the action.

666. Order, what to contain, and how served; if unnecessary

injury done, the party surveying to be liable therefor.—The order

must describe the property, and a copy thereof must be served on

the owner or occupant; and thereupon such party may enter upon

the property, with necessary surveyors and assistants, and make such

survey and measurement; but if any unnecessary injury be done to the property he is liable therefor.

667. A mortgage must not be deemed a conveyance, whatever

its terms.—A mortgage of real property shall not be deemed a con- veyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure

and sale. Cross-Rei-'erences Conveyance deemed mortgage, see title 3, sections 2234 and 2235. Mortgagee's possession, see title 3, section 2237. 668. When court may grant injunction during foreclosure or

after sale on execution, before conveyance.—The court may, by

injunction, on good cause shown, restrain the party in possession

from doing any act to the injury of real property during the foi-e- closure of a mortgage thereon; or, after a sale on execution, befoi'c a conveyance.

Cross-References

Injunction generally, see sections 341 to 346 of this title. Receiver, see section 381 of this title. Waste, see title 3, section 2239. Foreclosure of mortgage, see section 641 of this title. Execution sales, see sections 594 et seq., of this title.

428
THE CODE OF CIVIL PROCEDURE [T. 4, § 681

669. Damages may be recovered for injury to the possession

after sale and before delivery of possession.—When real property

ha3 been sold on execution, the purchaser thereof, or any person who

may have succeeded to his interest, may, after liis estate becomes

absolute, recover damages for injury to the property by the tenant

in possession after sale, and before possession is delivered under the

conveyance.

670. Action not to be prejudiced by alienation pending suit.—

An action for the recovery of real property again.st a person in possession cannot be prejudiced hy any alienation made by such person,

either before or after the commencement of the action.

Cboss-Refebence

Termination of rights pending action, see section 663 of this title. CHAPTER 14.—PROCEEDINGS IN MAGISTRATES' COURTS

Art. Sec.

1. Place of trial of actions in magistrates' courts 681

2. Manner of commencing actions in magistrates' courts 691

3. Pleadings in magistrates' courts. 711

4. Provisional remedies in magistrates' courts 731

5. Judgment by default in magistrates' courts 761

6. Time of trial and postponements

in magistrates' courts 771

Art.

7. Trials in magistrates' courts

8. Judgments, other than bj' default, in magistrates' courts9. Executions from magistrates' courts

10. Contempts in magistrates'

courts

11. Dockets of magistrates

12. General provisions relating to magistrates' courts

Sec. 781

791

811 821

831 811 ARTICLE 1.—PLACE OF TRIAL OF ACTIONS IN MAGISTRATES' COURTS

Sec. 681. Actions, where must be commenced.

682. Place of trial may be changed in cer- tain cases.

Sec. 683. Proceedings after order changing place

of trial.

Section 681. Actions, where must be commenced.—Actions in

magistrates' courts must be commenced, and, subject to the right to change the place of trial, as in this article provided, must be tried

1. In the subdivision in which the defendant resides;

2. When two or more person.s are jointly, or jointly and severally,

bound in any debt or contract, or otherwise jointly liable in the same

action, and reside in different subdivisions—in either subdivision

3. In cases of injury to the person or property—in the subdivision

where the injury was committed, or where the defendant resides;

4. If for the recovery of personal property, or the value thereof, or damageg for taking or detaining the same—in the subdivision in

which the property may be found, or in which the property was

taken, or in which the defendant resides

5. When the defendant is a nonresident of the Canal Zone—in

either subdivision;

6. When a person has contracted to perform an obligation at a

particular place, and resides in the other subdivision—in the subdivision in which such obligation is to be performed, or in which

he resides ; and the subdivision in which the obligation is incurred

is deemed to be the subdivision in which it is to be performed,

unless there is a special contract in writing to the contrary;

7. When the parties voluntarily appear and plead without sum- mons—in either subdivision

42y
T. 4, § 682] THE CODE OF CIVIL PROCEDURE

8. In all other cases—in the subdivision in which the defendant

resides.

Ckoss-Refebences

Place of trial generally, see section 151 of this title. Jurisdiction of magistrate's court, see title 7, section 2. 682. Place of trial may be changed in certain cases.—The court may, at any time before tlie trial, on motion, change the place of

trial in the following cases:

1. When it appears to the satisfaction of the magistrate before

whom the action is pending, by affidavit of either party, that such

magistrate is a material witness for either party

2. When either party makes and iiles an affidavit that he believes

that he cannot have a fair and impartial trial before such magistrate,

by reason of the interest, prejudice, or bias of the magistrate;

3. When, from any cause, the magistrate is disqualifiecl from

acting.

CBOSS-REi'EREXCE

Change of venue generally, see section 153 of this title. 683. Proceedings after order changing place of trial.—After an

order has been made, transferring the action for trial to another

court, the following proceedings must be had

1. The magistrate ordering the transfer must immediately transmit

to the magistrate of the court to which it is transferred, on payment

by the party applying of all the costs that have accrued, all the papers

in the action, together with a certilied transcript from his docket of

the proceedings therein;

2. Upon the receipt by him of such papers, the magistrate to whom

the case is transferred has thereafter the same jurisdiction over the

action as though it had been commenced in his court. ARTICLE 2.—MANNER OF COMMENCING ACTIONS IN MAGISTRATES"

COURTS

Sec. 691. Actions, how commenced.

692. Summons may issue within a year. 693. Defendant may waive summons.

694. Parties may appear in person or by

attorney.

695. Wl;en guardian necessary, how appointed.

696. Summons, how issued, dii-ected, and what to contain.

Sec. G97. Time for appearance of defendant.

098. Alias summons.

(199. Same.

700. Service of summons outside of subdivision. 701. Summons, by whom and how served and returned.

702. Notice of heaiina: in magistrates'

courts. 691. Actions, how commenced.—An action in a magistrate's court

is commenced by filing a complaint.

CKOSS-REnTEKENCES

Coniniencenieut of action, see sections 101 and IGl of this title. Action, when itending, see section 955 of thi.s title. Complaint generally, see section 202 of tliis title. Fees, see sections 981 et seq., of this title. 692. Summons may issue within a year. on the complaint the date upon which it was The court must indorse

filed, and at any

430
THE CODE OF CIVIL PROCEDURE [T. 4, § 696 time within one year thereafter the plaintiff may have summons

issued.

Ceoss-Reference

Issuance of suimnons generally, see section 163 of this title. 693. Defendant may waive summons.—At any time after the

complaint is filed, the defendant may, in writing, or by appearing

and pleading, waive the issuing of summons,

Cross-References

Appearance generally, see section 945 of tbis title. Waiver generally, see section 162 of this title. 694. Parties may appear in person or by attorney:—Parties in

magistrates' courts may appear and act in person or by attorney.

Cross-Reference

Attorneys generally, see sections 41 et seq., of this title. 695. When guardian necessary, how appointed.—When an in- fant, insane, or incompetent person is a party, he must appear

either by his general guardian, if he have one. or by a guardian ad

litem appointed by the magistrate. When a guardian ad litem is appointed by the magistrate, he must be aj^pointed as follows

1. If the infant, insane, or incompetent person, be plaintiff, the

appointment must be made before the summons is issued, upon the

application of the infant, if he be of the age of fourteen years; if under that age, or if insane, or incompetent, upon the application of

a relative or friend.

2. If the infant, insane, or incompetent person, be defendant, the

appointment must be made at the time the summons is returned, or before the answer, upon the application of the infant, if he be of the

age of fourteen years and apply at or before the summons is returned

if he be under the age of fourteen, or be insane or incompetent, or neglect so to apply, then upon the application of a relative or friend, or any other party to the action, or by the magistrate on his own

motion.

Ckoss-References

Appearance by guardians generally, see sections 127, 128 of this title. Guardian to conduct action by infant, see title 3, section 34. 696. Summons, how issued, directed, and what to contain.—The summons must be directed to the defendant, signed by the magistrate, and must contain:

1. The title of the court, name of the subdivision in which the

action is brought, and the names of the parties thereto;

2. A direction that the defendant appear and answer before the

magistrate, as specified in the section next following;

3. A notice that unless the defendant so appear and answer, the

plaintiff will take judgment for any money or damages demanded

in the complaint, as arising upon contract, or will apply to the court

for the relief demanded in the complaint. If the plaintiff appears by

431
T. 4, §697] TEE CODE OF CIVIL PROCEDURE

attorney, the name of the attorney must be indorsed upon the summons.

Cross-Rekeuence

Contents of summons generally, see section 163 of this title. 697. Time for appearance of defendant.—The time specified in

the summons for the appearance of the defendant must be as follows

1. If an order of arrest is indorsed upon the summons, forthwith

2. In all other cases, within five days, if the summons is served

in the subdivision, in which the action is brought ; wdthin ten days,

if served in the other subdivision.

698. Alias summons.—If the summons is returned without being

served upon any or all of the defendants, or if it has been lost, the

magistrate, upon the demand of the plaintiff, may issue an alias sunnnons, in the same form as the original, except that he may fix the time for the appearance of the defendant at a period not to exceed ninety days from its date.

Ceoss-Refebencb

Alias summons generally, see section 164 of this title.

699. Same.—The magistrate may, within a year from the date of

the filing of the complaint, issue as many alias summonses as may be

demanded by the plaintiff.

700. Service of summons outside of subdivision.—The summons

cannot be served out of the subdivision wherein the action is brought,

except in the following cases

1. When the action is upon the joint contract or obligation of

two or more persons, one of whom resides within the subdivision;

2. When the action is brought against a party who has contracted

in writing to perform an obligation at a particular place, and resides

in the other subdivision;

3. When the action is for injury to person or property, and the

defendant resides in the other subdivision

4. In all cases where the defendant was a resident of the subdivision w^hen the action was brought, or when the obligation was

incurred, and thereafter departed therefrom, in which event he may

be served wherever he may be found;

5. In actions of forcible entry and detainer, or to enforce and

foreclose liens on, or to recover possession of, personal property

situated within the subdivision.

701. Summons, by whom and hovv^ served and returned.—The summons may be served by the constable of either of the magistrates' courts or by any other person of the age of eighteen years or over not a party to the action. When a summons issued by a magistrate

is to be served out of the subdivision in which it is issued the sum- mons must be served and returned as provided in chapter 8 of tliis title, or it may be served by publication and sections 168 and 169

of this title so far as they relate to the publication of summons

are made applicable to magistrates' courts, the word " magistrate "

482
THE CODE OF CIVIL PROCEDURE [T. 4, § 702 being substituted for the word " judge " wherever the latter word

occurs. Cross-Refekences

Service by publication, see section 168 of this title. For chapter 8. see sections 161 et seq., of this title.

702. Notice of hearing in magistrates' courts.—When all the

parties served with process shall have appeared, or some of them

have appeared, and the remaining defendants have made default,

the magistrate must fix the day for the trial of said cause, and give

notice thereof to the parties to the action who have appeared, but

in case any of the parties are represented by an attorney, then to such attorney : Provided, hotoever, That where a party has appeared

in person, such party shall leave with the magistrate or magistrate's

clerk, and the same shall be entered upon the register in the action, an address where service of the notice of hearing of such matter

may be made : Provided^ further, That such notice shall be personally

served on said person if he can be found at said address, but in case said person cannot, after due diligence, be found at said address

and such fact appears by affidavit to the satisfaction of the magistrate, then the service of such notice may be by registered mail and

in the manner hereinafter provided for service of notice by mail.

Such notice shall be in writing, signed by the magistrate, and substantially in the following form, filling blanks according to the facts

Form of notice.—

In the Magistrate's Court, Subdivision of , Canal Zone.

plaintiff, v. defendant

To plaintiff, or attorney for plaintiff, and

to defendant, or attorney for defendant

You and each of you will please take notice that the undersigned magistrate before whom the above-entitled cause is pending, has set for hearing the demurrer of , filed in said cause (or has set the said cause for trial, as the case may be),

before me at , at o'clock — m., on the day of

, 19—.

Dated this day of , 19—

(Signed) — Magistrate.

Service; service by mail.—Said notice shall be served by mail or

personally. When served by mail the magistrate shall deposit copies

thereof in a sealed envelope in the post office at least ten days before

the trial or hearing addressed to each of the persons on whom it is to be served at their place of residence: Provided, That such notice

shall be served by mail only when the person on whom service is to be made resides out of the subdivision in which said magistrate's court is situated, or is absent therefrom or has appeared in person.

When personally served said notice shall be served at least five days

before the trial or hearing on the persons on whom it is to be served

by any person competent and qualified to serve a summons in a magistrate's court, and when personally served it shall be served,

returned and filed in like manner as a summons. When a party has

433
T.4, § 711] THE CODE OF CIVIL PROCEDURE

appeared by attornej^ the notice may be served in the manner pre- scribed by subdivision 1 of section 942 of this title. Docket entries.—The magistrate shall enter on his docket the

date of trial or hearing ; and when such notice shall have been served

by mail the magistrate shall enter on his docket the date of mailing

such notice of trial or hearing and such entry shall be prima facie

evidence of the fact of such service. The parties are entitled to one hour in which to appear after the time fixed in said notice, but are not bound to remain longer than that time unless both parties have

appeared and the magistrate being present is engaged in the trial of

another cause. Ckoss-Refesence

Time of trial, see section 771 of this title. ARTICLE 3.—PLEADINGS IN MAGISTRATES' COURTS

Sec. 711. Form of pleadings.

712. Pleadings in magistrates' courts. 713. Complaint defined. 714. When demurrer to complaint maj' be put in. 715. Answer, what to contain.

716. If the defendant omit to set up

counterclaim.

Sec. 717. When plaintiff may demur to answer.

718. When aflBrmative judgment may be rendered fur defendant.

719. Tlie proceedings on demurrer.

720. Amendment of pleadings.

721. Answer or demurrer to amended iilcadiug.s.

711. Form of pleadings.—Pleadings in magistrates' courts

1. Are not required to be in any particular form, but must be such

as to enable a person of common understanding to know what is intended

2. May, except the complaint, be oral or in writing

3. Need not be verified, unless otherwise provided in this chapter;

4. If in writing, must be filed with the magistrate;

5. If oral, an entry of their substance must be made in the docket.

712. Pleadirsgs in magistrates' courts.—The pleadings arc:

1. The complaint by the plaintiff;

2. The demurrer to the complaint

3. The answer b}^ the defendant

4. The demurrer to the answer.

Cboss-Referencb

List of pleadings generally, see section 193 of this title. 713. Complaint defined.—The complaint in magistrates' courts is a concise statement, in writing, of the facts constituting the plaintiff's cause of action; or a copy of the account, note, bill, bond, or instrument upon which the action is based.

Ckoss-Reference

Complaint gonerully, see section 201 of this litle. 714. When demurrer to complaint may be put in.—The defendant may, at any time before answering, demur to the complaint.

Cross-Reteebnce

Demurrer generally, see section 211 of this title.

434
THE CODE OF CIVIL PROCEDURE [T. 4, § 71i0

715. Answer, what to contain.—The answer may contain a denial

of any or all of the material facts stated in the comphiint, Avhich the

defendant believes to be untrue, and also a statement, in a plain and

direct manner, of any other facts constituting a defense or counterclaim, upon which an action might be brought by the defendant

against the plaintiff, or his assignor, in a magistrate s court. Cross-references

Answer generally, see section 221 of this title. Counterclaim generally, see section 223 of this title. Cross-comylaint generally, see section 227 ot tins title. 716. If the defendant omit to set up counterclaim.—If the defendant omit to set up a counterclaim in llie cases mentioned in the

next preceding section, neither he nor his assignee can afterviards

maintain an action against the plaintiff therefor.

Cross-Reference

Counterclaim waived, generally, see section 224 of this title. 717. When plaintiff may demur to answer.—When the answer

contains new matter in avoidance, or constituting a defense or a counterclaim, the plaintiff may, at any time before tlie trial, demur

to the same for insufficiency, stating therein the grounds of such

demurrer.

Cross-Referekce

Demurrer to answer, generally, see secti<jn 231 of this title.

718. When affirmative judgment may be rendered for defendant.—Afiirmative judgment may be rendered for the defendant on his cross-complaint (counterclaim) whenever the defendant proves

that he is entitled to more than the plaintiff has proven or whenever

the plaintiff fails to prove that he is entitled to any judgment.

719. The proceedings on demurrer.—The proceedings on demurrer are as follows

1. If the demurrer to the complaint is sustained, the plaintiff may,

within such time, not exceeding two daj's, as the court allows, amend

his complaint;

2. If the demurrer to a complaint is overruled, the defendant may

answer forthwith;

3. If the demurrer to an answer is sustained, the defendant may

amend his answer within such time, not exceeding two days, as the

court may allow

4. If the demurrer to an answer is overruled, the action must proceed as if no demurrer had been interposed.

Cross-Reference

Proceedings on demurrer, generally, see sections 274 and 5U4 of tliis title. 720. Amendment of pleadings.—Either party may, at any time

before the conclusion of the trial, amend any pleading; but if the

amendment is made after the issue, and it appears to the satisfaction

()f the court, by oath, that an adjournment is necessar}- to the adverse

435
T.4, §T21] TBtl CODE OF CIVIL PROCEDURE

party in consequence of such amendment, an adjournment must be

granted. The court may also, in its discretion, when an adjournment will by the amendment be rendered necessary, require as a condition to the allowance of such amendment, made after issue

joined, the jDayment of costs to the adverse party.

Relief against judgment.—The court may also, on such terms

as may be just, and on payment of costs, relieve a party from a judgment by default taken against him by his mistake, inadvertence,

surprise, or excusable neglect, but the application for such relief must be made within ten days after notice of the entry of the judgment and upon an affidavit showing good cause therefor.

Ceoss-Refeeences

Amendment, and relief from judgment, generally, see section 275 of this title. Adjournment because of, see section 772 of this title. 721. Answer or demurrer to amended pleadings.—When a pleading is amended, the adverse party may answer or demur to it within

such time as the court may allow, not exceeding five days after

notice of the amendment.

Cross-Refeeence

Time to plead, genei-ally, when complaint is amended, see section 213 of this

title. ARTICLE 4.—PROVISIONAL REMEDIES IN MAGISTRATES' COURTS

A. Arrest and Bail B. Attachment

Sec. 731. Order of arrest, and arrest of defeiulant. 732. Affidavit and undertakiug for order of

arrest. 733. A defendant arrested must bo taken

before the magistrate immediately.

734. The officer must give notice to tl>e plaintiff of arrest. 735. The officer must detain the defendant.

Sec. 741. Issue of writ of attachment.

742. Attacliment, undertaking on ; excep- tions to sureties. 743. To whom writ directed ; what to re- quire. 744. Certain provi.sions apply to all at- taclunents in magistrates' courts.

C. Claim and Delivery of Personal

Property

751. How claim and delivery enforced.

A. ARREST AND BAIL

731. Order of arrest, and arrest of defendant.—An order to arrest the defendant may be indorsed on a summons issued by the

magistrate, and the defendant may be arrested thereon by the constable, at the time of serving the summons, and brought before the

magistrate, and there detained until duly discharged, in the following

cases

1. In an action for the recovery of money or damages on a cause

of action arising upon contract, express or implied, when the defendant is about to depart from the Canal Zone, with intent to . defraud his creditors; tj

2. In an action for a fine or penalty, or for mcmey or property ' ' embezzled or fraudulently misapplied, or converted to his own use by one who received it in a fiduciary capacity

3. When the defendant has been guilty of a fraud in contracting

the debt or incurring the obligation for which the action is brought;

486
THE CODE OP CIVIL PROCEDURE [T.4, §742

4. When the defendant has removed, concealed, or disposed of his

property, or is about to do so, with intent to defraud his creditors.

CKOSS-llEI-'EfiENCE Arrest and bail, see sections 291 et seq., of this title. 732. Affidavit and undertaking for order of arrest.—Before an

order for an arrest can be made, the party applying must prove to the satisfaction of the magistrate by the attidavit of himself, or some

other person, the facts upon which the application is founded. The

plaintilf must also execute and deliver to the magistrate a written

undertaking in the sum of $300, with sufficient sureties, to the effect that the plaintilf will pay ail costs that may be adjudged to the defendant, and all damages which he may sustain by reason of the

arrest, if the same be wrongful, or without sufficient cause, not exceeding the sum specified in the undertaking.

Ckoss-Refeeences

Afladavit aud undertaking for arrest, generally, see sections 293, 294 ol this title. Qualification of sureties, see section 963 of this title. 733. A defendant arrested must be taken before the magistrate

immediately.—The defendant, immediately upon being arrested,

must be taken before the magistrate who made the order, and if he

is absent or miable to try the action, or if it appears to him by the

affidavit of the defendant that he is a material witness in the action,

the officer must immediately take the defendant before the magistrate

of the other subdivision, who must take jurisdiction of the action and

proceed thereon, as if the summons had been issued and the order of

arrest made by him.

734. The officer must give notice to the plaintiff of arrest.—The

officer making the arrest must immediatel}^ give notice thereof to the

plaintilf, or his attorney or agent, and indorse on the summons, and

subscribe a certificate, stating the time of serving the same, the time

of the arrest, and of his giving notice to the plaintiff.

735. The officer must detain the defendant.—The officer making

the arrest must keep the defendant in custody until he is discharged

by order of the magistrate.

B. ATTACHMENT

741. Issue of writ of attachment.—A writ to attach the property

of the defendant must be issued by the magistrate at the time of or

after issuing summons in actions in which the sum claimed exclusive

of interest exceeds $10, on receiving an affidavit by or on behalf of

the plaintiff, showing the same facts as are required to be shown by

the affidavit specified in section 352 of this title. Ceoss-Refeeence

Attachment, generally, see sections 351 et seq., of this title. 742. Attachment, undertaking on; exceptions to sureties.—Before issuing the writ, the magistrate must require a written under487 f
T. 4, §743] THE CODE OF CIVIL PROCEDURE

taking on the part of the plaintiff, with two or more sufficient sureties, in a sum not less than $50 nor more than $300, to the effect that

if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he

may sustain by reason of the attachment, not exceedin<^ the sum

specified in the undertaking. At any time after the issvung of the

attachment, but not later than five clays after the notice of its levy,

the defendant may except to the sufficiency of the sureties. If he

fails to do so, he is deemed to have waived all objections to them.

When excepted to the}'' must justify in the manner and within the

time provided in section 353 of this title, otherwise the magistrate

must order the writ of attachment vacated.

CHOSS-REFEaiENCE

Undertaking on attachment generally, see section 353 of this title.

743. To whom writ directed; what to require.—The writ must

be directed to the constable and must require him to attach and

safely keep ail of the property of the defendant within his subdivision not exempt from execution, or so much thereof as may be

sufficient to satisfy the plaintiff''? demand against the defendant, the

amount of which must be stated in conformity with the complaint,

unless the defendant, whose property has been or is about to be

attached, give him security by the undertaking of two sufficient sureties, in an amount sufficient to satisfy such demand against such

defendant besides costs ; in which case to take such undertaking.

In the event that the action is against more than one defendant,

any defendant whose property has been or is about to be attached

in such action may give the constable such undertaking, and the

constable shall take the same, and such undertaking shall not subject

such defendant to or be answerable for any demand against an}^ other

defendant, nor shall the constable thereby be prevented from attaching or be obliged to release from attachment, any property of any

other defendant: Provided, however, That such defendant, at the time

of giving such undertaking to the constable, shall file with the constable a statement duly verified under oath, wherein such defendant

shall aver and declare that the other defendant or defendants in the

action in which said undertaking was given has or have not any

interest or claim of any nature whatsoever in or to said property.

Such statement must further contain the character of such defendant's title and the manner in which he acquired title to such attached

property. • Service otrT of subdivision.—A writ may be issued at the same

time to the constable of the other subdivision.

Cboss-Reference

Contents of writ generally, see section 354 of this title.

744. Certain provisions apply to all attachments in magistrates'

courts.—Section 168 and sections 355 to 374 of this title are appHcable to attachments issued in magistrates' courts, the Avord " con488
TEE CODE OF CIVIL PROCEDURE [T. 4, § 762

stable " being substituted for the word " marshal ", and the word

" magistrate " being substituted for the word " judge."

Cboss-Reference

Property attachable, see section 355 of this title.

C. CLAIM AND DELTVEET OF PERSONAL, PROPERTY

751. How claim and delivery enforced.—In an action to recover

possession of jDersonal property, the plaintiff may, at the time of

issuing summons or at any time thereafter before answer, claim the

deliver}'' of such property to him; and sections 322 to 333 of this

title are applic^le to such claim when made in magistrates' courts,

the powers therein given and duties imposed on the marshal being

extended to constables, and the word " magistrate " substituted for

" judge."

Cross-Refekence

Claim and delivery of personalty in district court, see sections 321 to 333 of

this title. ARTICLE 5—JUDGMENT BY DEFAULT IN MAGISTRATES' COURTS

Sec. 761. Judgment when defendant fails to pear. apSec. 762. Judgment by default.

761. Judgment when defendant fails to appear.—If the defendant fails to appear and to answer or demur within the time specified

in the summons, then, upon proof of service of summons, the following proceedings must be had

1. If the action is based upon a contract, and is for the recovery

of money, or damages only, the court must render judgment in favor

of plaintiff for the sum specified in the summons.

2. In all other actions the court must hear the evidence offered by

the plaintiff, and must render judgment in his favor for such sum

(not exceeding the amount stated in the summons), as appears by

such evidence to be just.

Ceoss-Refeeence

Default judgment, generally, see section 421 of this title. 762. Judgment by default.—In the following cases the same proceedings must be had and judgment must be rendered in like manner

as if the defendant had failed to appear and answer, or demur

1. If the complaint has been amended, and the defendant fails to answer it, as amended, within the time allowed by the court;

2. If the demurrer to the complaint is overruled, and the defendant fails to answer within the time allowed by the court, not to exceed five days;

3. If the demurrer to the answer is sustained and the defendant

fails to amend the answer within the time allowed by the court.

439
T. 4, § 771] THE CODE OF CIVIL PROCEDURE

ARTICLE 6. -TIME OF TRIAL AND POSTPONEMENTS IN MAGISTRATES'

COURTS

Sec. 771. Time when trial must be commenced.

772. When court may, of its own motion, postpone trial. 773. Postponement by consent.

774. Postponement upon application of a

party.

Sec. No continuance for more than ten days to be granted, unless upon fil- ing of undertaking.

771. Time when trial must be commenced.—Unless postponed, as provided in this article, or unless transferred to the other subdivision, the trial of the action must commence at the expiration of one hour from the time specified in the notice mentioned in section 702 of

this title, and the trial must be continued, without adjournment for more than twenty-four hours at any one time, until all the issues

therein are disposed of. 772. When court may, of its own motion, postpone trial.—The

court may, of its own motion, postpone the trial

1. For not exceeding one day, if, at the time fixed by law or by

an order of the court for the trial, the court is engaged in the trial of another action

2. For not exceeding two days, if, by an amendment of the pleadings, or the allowance of time to make such amendment or to plead,

a postponement is rendered necessary. Ceoss-Refebence

Amendment of pleadings, see sections 719 and 720 of this title. 773. Postponement by consent.—The court may, by consent of

the parties, given in writing or in open court, postpone the trial to a time agreed upon by the parties.

774. Postponement upon application of a party.—The trial may

be postponed upon the application of cither party, for a period not exceeding four months

1. The party making the application must prove, by his own oath

or otherwise, that he cannot, for want of material testimony, which

he expects to procure, safely proceed to trial, and must show" in what

respect the testimony expected is material, and that he has used due

diligence to procure it and has been unable to do so

2. If the application is on the part of the plaintiff, and the defendant is under arrest, a postponement for more than three hours dis- charges the defendant from custody, but the action may proceed not- withstanding, and the defendant is subject to arrest on execution, in the same manner as if he had not been discharged

3. If the application is on the part of a defendant under arrest, before it can be granted he must execute an undertaking, with two

or more sufficient sureties, to be approved by, and in a sum to be

fixed by, the magistrate, to the effect that he will render himself

amenable to the process of the court during the pendency of the

action, and to such as may be issued to enforce the judgment therein; or that the sureties will pay to the plaintiff the amount of any judgment which he may recover in the action, not exceeding the amount

specified in the undertaking. On filing the undertaking specified in

440
THE CODE OF CIVIL PROCEDURE [T. 4, § 783

this subdivision, the magistrate must order the defendant to be

discharged from custody.

4. The party making the application must, if required by the

adverse party, consent that the testimony of any witness of such

adverse party, who is in attendance, may be then taken by deposition

before the magistrate, and that the testimony so taken may be read on the trial, with the same effect, and subject to the same objections,

as if the witness was produced;

But the court may require the party making the application to

state, upon affidavit, the evidence which he expects to obtain; and

if the adverse party thereupon admits that such evidence would be

given, and that it be considered as actually given on the trial, or

offered and overruled as improjjer, the trial must not be postponed.

Cross-References

Postponement, generally, see section 438 of this title. Costs on postponement, see section 1008 of this title. 775. No continuance for more than ten days to be granted,

unless upon filing of undertaking.—No adjournment must, unless

by consent, be granted for a period longer than ten days, upon the

application of either party, except upon condition that such party

file an undertaiking, in an amount fixed by the magistrate, with

two sureties, to be approved by the magistrate, to the effect that

they will pay to the opposite party the amount of any judgment

which may be recovered against the party applying, not exceeding

the sum specified in the undertaking.

ARTICLE 7.—TRIALS IN MAGISTRATES' COURTS

Spc. 781. Issue defined, and tho different kinds.

782. Issue of law. how raised. 783. Issue of fact, how raised. 784. Issues, Low tried. 785. Eitlier party failing to appear, trial ma.v proceed at request of otlier party.

Sec. 786. Requiring exliibition of original in- strument.

787. Complaint, when accompanying instru- ment deemed genuine.

781. Issue defined, and the different kinds.—Issues arise upon the

pleadings when a fact or conclusion of law is maintained by the one

party and is controverted by the other. They are of two kinds

1. Of law; and

2. Of fact. Ceoss-Reference

Issues, generally, see sections 431 to 433 of this title. 782. Issue of law, how raised.—An issue of law arises upon a de- murrer to the complaint or answer, or to some part thereof.

Cross-Reference

Identical section, see section 432 of this title. 783. Issue of fact, how raised.—An issue of fact arises

1. Upon a material allegation in the complaint controverted by

the answer; and

93083—34 29 441
T. 4, § 784] THE CODE OF CIVIL PROCEDURE

2. Upon new matter in the answer, except an issue of law is joined

thereon.

Cross-Refebb:nce

Identical section, see section 433 of this title. 784. Issues, how tried.—Issues, both of law and of fact, must be

tried by the court.

CBOSS-RElTCKENt K Similar section, see section 434 of this title. 785. Either party failing to appear, trial may proceed at request

of other party.—If either party fails to appear at the time fixed for

trial, the trial may proceed at the request of the adverse party,

Ceoss-Reference For the purpose of comparison, see section 437 of this title. 786. Requiring exhibition of original instrument.—When the cause of action or counterclaim arises upon an account or instrument for the pajnnent of money only, the court, at any time before

the trial, may, by an order under his hand, require the original to be

exhibited to the inspection of, and a copy to be furnished to, the

adverse party, at such time as may be fixed in the order; or, if such order is not obeyed, the account or instrument cannot be given

in evidence.

Ceoss-References

Order for inspection, see section 921 of this title. Delivering copy of account, see section 253 of this title. Pleading of written instrument, see seclions 242 to 244 of this title. 787. Complaint, when accompanying instrument deemed genuine.'—If the complaint of the plaintiff, or the answer of the defendant,

contains a copy, or consists of the original of the written obligation

upon which the action is brought or the defense founded, the genuineness and due execution of such instrument are deemed admitted,

unless the answer denying the same is verified, or unless the plaintiff,

within two clays after the service on him of such answer, hies with

the magistrate an affidavit denying the same, and serves a copy

thereof on the defendant.

Cross-Reference

For purpose of comparison, see sections 242, 243, and 713 of this title. ARTICLE 8. -JUDGMENTS, OTHEIl THAN BY DEFAULT, IN MAGISTRATES' COUllTS

Sec. 797. Offer to compromise before trial. 798. Costs must be inchiclcd in tbe judg- ment.

799. Abstract of Judgment.

800. Correction of clerical mistakes In Judgment.

Sec. 791. Judgment by confession. 792. Judgment of dismissal entered in cert:iin cases witbout prejudice.

79.3. Entry of judgment of dismissal. 794. Entry of judgment in thirty days.

79.5. Form of magistrate's judgment ; notice. 796. If tbe sum found due exceeds the

jurisdiction of the mngistrate, tbe

excess may be remitted. 791. Judgment by confession.—Judgments upon confession may

be entered up in either magistrate's court specified in the confession.

Cross-Reference

Coufession of judgment, generally, see sections 1101 to 1104 of this title.

442
THE CODE OF CIVIL PROCEDURE [T. 4, § 79G

792. Judgment of dismissal entered in certain cases without

prejudice.—Judgment that the action be dismissed, without prejudice to a new action, may be entered with costs, in the following

cases

1. "VVlien the plaintiff voluntarily dismisses the action before it is finally submitted; or fails to prosecute the action to judgment with

reasonable diligence; provided a counterclaim has not been made,

or affirmative relief sought by the cross-complaint or answer of the

defendant; if a provisional remed}^ has been allowed, the undertaking must thereupon be delivered by the magistrate to the defendant

who may have his action thereon

2. When he fails to appear at the time specified in the summons,

or at the time to which the action has been postponed, or within one hour thereafter

3. When, after a demurrer to the complaint has been sustained,

the plaintiff fails to amend it within the time allowed by the court;

4. When the action is brought in the wrong subdivision.

Cross-Referencb

For purpose of comparison, see section 415 of this title.

793. Entry of judgment of dismissal.—Judgment of dismissal

must be entered whenever the plaintiff fails to bring the action to

trial within two years after the case is brought to an issue of law

or fact, except where the parties have stipulated in writing that the

time may be extended.

794. Entry of judgment in thirty days.—Judgment must be en- tered within thirty days after the submission of the case to the court. 795. Form of magistrate's judgment; notice.—The judgment of

a magistrate must be entered substantially in the form required in

section 544 of this title, and where the defendant is subject to arrest and imprisonment thereon the fact must be stated in the judgment.

No judgment shall have effect for any purpose until so entered.

Notice of the rendition of judgment must be given to the parties

to the action in writing signed by the magistrate. Where any of the

parties are represented by an attorney, notice shall be given to the

attorney. Said notice shall be served by mail or personally, and

shall be substantially in the form of the abstract of judgment re- quired in section 799 of this title. Wlien served by mail the magistrate shall deposit copies thereof in a sealed envelope in the post

office not later than five days after the rendition of the judgment,

addressed to each of the persons on whom notice is to be served at

his place of residence, or place of business if on an attorney. When

served personally said notice shall be served within five days after

the rendition of the judgment. Entry of the date of mailing shall be

made by the magistrate in his docket.

Ckoss-Reterence

Arrest and bail, see sections 731 to 735 of this title. 796. If the sum found due exceeds the jurisdiction of the magistrate, the excess may be remitted.

Wlien the amount found due

443
T. 4, § 797] THE CODE OF CIVIL PROCEDURE

to either party exceeds the sum for which the magistrate is authorized to enter judgment, such party may remit the excess, and judgment ma}^ be rendered for the residue.

Cross-Reference

Limit, $500, see title 7, section 2. 797. Offer to compromise before trial.—If the defendant, at any

time before the trial, offers, in writing, to allow judgment to be

taken against him for a specified sum, the plaintiff may immediately

have judgment therefor, with the costs then accrued; but if he does

not accept such offer before the trial, and fails to recover in the

action a sum in excess of the offer, he cannot recover costs incurred

after the offer, but costs must be adjudged against him, and, if he

recovers, be deducted from his recovery. The offer and failure to accept it cannot be given in evidence nor affect the recovery, otherwise

than as to costs. Cboss-IIkference

OlTer to compromise generally, see sections 911 and 2154 of this title. 798. Costs must be included in the judgment.—The magistrate

must tax and include in the judgment the costs allowed by law to the prevailing party.

Cuoss-Rmfekence

Costs, see sections 1006 and 1007 of this title. 799. Abstract of judgment.—The magistrate, on the demand of a party in whose favor judgment is rendered, nuist give him an abstract of the judgment in substantially the following form (filling

blanks according to the facts) : Canal Zone, Magistrate's Court, Subdivision of ,

, plaintiff, v. , defendant. Judgment entered for plaintiff (or defendant) for $ , on the da}?^ of • . I certify that the foregoing is a correct abstract of a judgment",

rendered in said action in this court.

, Magistrate.

Date of abstract . 800. Correction of clerical mistakes in judgment.—The magistrate shall have power upon motion of the injured partj^ and notice

to the adverse party to correct any clerical mistakes in his judgment

as entered, so as to conform to the judgment ordered. Said magistrate shall have power to set aside any void judgment u})()n motion of either party to the action after notice to the adverse party,

and thereupon said action shall be treated as if no judgment liad been entered.

ARTICLE 9.—EXECUTIONS FROM MAGISTRATES' COURTS

Sec. 811. E-iieciitioii may issue at any time within

five years. 812. Stay of oxi'cutinn of judgment.

81-'). Contents of rxi'cution. 811. Execution may issue at any time within five years.—Execution for the enforcement of a judgment of a magistrate's court

See. 814. Renewal of execution.

815. Duty of officer re<(>iving execution.

816. I'roceedings supplementary to execution.

444
THE CODE OF CIVIL PROCEDURE [T. 4, § 81G may be issued by the magistrate who entered the judgment, or his successor in office, on the application of the party entitled thereto, at any time within five years from the entry of judgment.

Cross-references

After five years, generally, see section 586 of this title. Execution generally, see sections 581 et soq., of this title.

812. Stay of execution of judgment.—The court, or the magistrate thereof, may stay the execution of any judgment, including

any judgment in a case of forcible entry or unlawful detainer, for a period not exceeding ten days.

Ceoss-Retekence

Execution in forcible entry and detainer, see section 1154 of this title. 813. Contents of execution.—The execution must be directed to the constable, and must be subscribed by the magistrate and bear

date the day of its delivery to the officer. It must intelligibly refer

to the judgment, by stating the names of the parties, and the name

of the magistrate before whom, and of the subdivision where, and the

time when it was rendered; the amount of judgment, if it be for

money; and, if less than the whole is due, the true amount due

thereon. It must contain, in iike cases, similar directions to the

constoble, as are required by the provisions of chapter 12 of this

title, in an execution to the marshal.

Cross-Refeeences

Compare sections 581 et seq., of this title. For chapter 12, see sections 581 et seq., of this title. 814. Renewal of execution.—An execution may, at the request of

the judgment creditor, be renewed before the expiration of the time

fixed for its return, by the word " renewed " written thereon, with

the date thereof, and subscribed by the magistrate. Such renewal

has the effect of an original issue, and may be repeated as often as necessary. If an execution is returned unsatisfied, another may be

afterwards issued.

815. Duty of officer receiving execution.—The constable to whom

the execution is directed must execute the same in the same manner

as the marshal is required by the provisions of chapter 12 of this

title, to proceed upon executions directed to him; and the constable,

when the execution is directed to him, is vested for that purpose with

all the powers of the marshal.

Cross-Retekence

Execution of writ, compare sections 591 et seq,, of this title. 816. Proceedings supplementary to execution.—Sections 621 to 628 of this title are applicable to magistrates' courts, the word " constable " being substituted, to that end, for the word " marshal ", and

the word "magistrate" for "judge." If the judgment debtor does

not reside in the subdivision wherein the judgment was entered, an

abstract of the judgment, in the form prescribed by section 799 of

445
T. 4, § 821] THE CODE OF CIVIL PROCEDURE

this title, may be filed in the office of the magistrate of the subdivision wherein the defendant resides, and such magistrate may issue

execution on such judgment, and may take and exercise such jurisdiction in proceedings supplemental to execution, as if such judgment

were originally entered in his court.

CKOSS-REaFEEENCE Proceedings supplementary to execution, see sections G21 to 628 of this title. ARTICLE 10.—CONTEMPTS IN MAGISTRATES' COURTS

821, What sections govern contempts.—Contempts in magistrates' courts are governed by sections 1161 to 1174 of this title. ARTICLE 11.—DOCKETS OF MAGISTRATES

Sec. 831. Docket, what to contain.

832. Entries tliorein prima facie evidence

of the fact.

Sec. 833. An index to the doclcet must be kept. 834. Dockets must be delivered by magistrate to his successor. 831. Docket, what to contain.—Each magistrate must keep a book, denominated a

" docket ", in which he must enter

1. The title of every action or proceeding.

2. The object of the action or proceeding; and if a sum of money

be claimed, the amount thereof.

3. The date of the summons, and the time of its return ; and if an

order to arrest the defendant be made, or a writ of attachment be

issued, a statement of the fact.

4. The time when the parties, or either of them, appear, or their

nonappearance, if default be made; a minute of the pleadings and

motions ; if in writing, referring to them ; if not in writing, a concise statement of the material parts of the pleading.

5. Every adjournment, stating on whose application and to what

time.

6. The judgment of the court, specifying the costs included and

the time when rendered.

7. The issuing of the execution, when issued and to whom; the

renewals thereof, if any, and when made, and a statement of any

money paid to the magistrate, when and by whom.

8. The receipt of a notice of appeal, if any be given, and of the appeal bond.

832. Entries therein prima facie evidence of the fact.—The sev- eral particulars of the last section specified nmst be entered under

the title of the action to which they relate, and (unless otherwise in this chapter provided) at the time when they occur. Such entries

in a magistrate's docket, or a transcript thereof, certified by the magistrate, or his successor in office, are prima facie evidence of the

facts so stated. Ceoss-Refejibnce Prima facie evidence, see section 1851 of this title. 833. An index to the docket must be kept.—A magistrate must

keep an alphabetical index to his docket, in which must be entered

the names of the parties to each judgment, with a reference to the

440
THE CODE OF CIVIL PROCEDURE [T. 4, § 846 page of entry. The names of the plaintiffs must be entered in the

index, in the alphabetical order of the first letter of Uic family name.

834. Dockets must be delivered by magistrate to his successor.—

Every magistrate, upon the expiration of his tenn of office, must

deposit with his successor his official dockets and ail papers filed in his office, as ^Yell his own as those of his predecessors, or any other

which may be in his custody to be kept as public records.

ARTICLE 12.—GENERAL PROVISIONS RELA'i ING TO MAGISTRATES'

COURTS

Sec. I Sec. 841. Magistrates may issue subpenas jv ' i 844. In case of disability of magistrate,

final process to any part of the su other magistrate may attend on his

division. S42. Blanks must be filled in all papers is- sued by a magistrate, except sub- penas.

843. Magistrates to receive all moneys col- lected and pay the same to parties.

behalf. 845. Magistrates may require security for

costs. S46. Deposit in lieu of undertaking.

847. What provisions of title applicable to magistrates' courts.

841. Magistrates may issue subpenas and final process to any

part of the subdivision.—Magistrates may issue subpenas in any

action or proceeding in the courts held by them, and final process on any judgment recovered therein, to any part of the subdivision,

842. Blanks must be filled in all papers issued by a magistrate,

except subpenas.—The summons, execution, and every other paper

made or issued by a magistrate, except a subpena, must be issued

without a blank left to be filled by another, otherwise it is void.

843. Magistrates to receive all moneys collected and pay the same to parties.—Magistrates must receive from the constal)les. all moneys collected on any process or order issued from their courts

respectively, and must pay the same, and all moneys paid to them in

their official capacity, over to the parties entitled or authorized to receive them, without delay.

844. In case of disability of magistrate, other magistrate may

attend on his behalf.—In case of the sickness or other disability or necessary absence of a magistinte, the other magistrate ma,y, at his

request, attend in his behalf, and thereupon is vested with the power

and may perform all the duties and issue all the papers or process

of the absent magistrate. In case of a trial the proper entry of the

proceedings before the attending niimistrate, subscribed by him, must

be made in the docket of the magistrate before whom the summons

was returnable. If the case is adjourned, the magistrate before

whom the summons was returnable may resume jurisdiction.

845. Magistrates may require security for costs.—Magistrates

. may in all cases require a deposit of money or an undertaking, as security for costs of court, before issuing a summons.

Ceoss-Refeeence

Prepayment of fees, see section 982 of this title.

846. Deposit in lieu of undertaking.—In all civil caRe=; arising in

magistrates' courts, wherein an undertaking is required as prescribed

fin this title, the plaintiff or defendant may deposit with said magis447
T. 4, § 847] THE CODE OF CIVIL PROCEDURE

trate a sum of money in United States currency equal to the amount

required by the said undertaking, which said sum of money shall be taken as security in place of said undertaking.

847. What provisions of title applicable to magistrates' courts.—

Magistrates' courts being courts of limited jurisdiction, only those

provisions of this title which are, in their nature, applicable to the

organization, powers, and course of proceedings in magistrates'

courts, or Avhich have been made applicable by special provisions in

this chapter, are applicable to magistrates' courts and the proceedings

therein.

CHAPTER 15.—APPEALS IN CIVIL ACTIONS

Sec.Review by judge of orders made

out of court

Art. 861

Sec. Art.

L*. Appeals to United States Circuit Court of Appeals 871

;!. Appeals to district court 881 ARTICLE 1.—REVIEW BY JUDGE OF ORDERS MADE OUT OF COURT

Section 861. Orders made out of court, without notice, may be

reviewed by the judge.—An order made out of court, without notice

to the adverse party, may be vacated or modified, without notice, by

the judge who made it; or may be vacated or moditiecl on notice, in the manner in which other motions are made.

Ceoss-Reference

Orders generally, see sectious 931 et seq., of this title. ARTICLE 2. -APPEALS TO UNITED STATES CIRCUIT COURT OF

APPEALS

871. Appeals to circuit court of appeals, how governed.—Appeals from the district court to the United States Circuit Court of

Appeals for the Fifth Circuit are governed by sections 61 and 62 of

title 7. Cro.ss-Reference Time for making application for appeal, see U.S. Code, title 28, section 230 (appendix, p. 983).

ARTICLE 8.—APPEALS TO DISTRICT COURT

Sec. 881. AppoaLs to district court. 882. Appeal on question of law.

883. Appeal on questions of fact, or law and fact. 884. Transmission of papers to district court. 885. Undertaking on appeal.

886. Filing; of undertaking ; exception to and justification of sureties.

Sec. 887. Stay of proceedings on filing undertaking.

888. Powers of district court on appeal. S89. No appeal effective unless fees for fil- ing are paid. 890. Dismissal of appeals from magistrafe'R court wlicre not brought to trial within one year. 891. Papers returned on dismissal of appeal. 881. Appeals to district court.—Any party dissatisfied with the judgment rendered in a civil action in a magistrate's court, may

appeal therefrom to the district court, at any time within thirty

days after notice of the rendition of the judgment. The appeal is taken by filing a notice of appeal with the magistrate, and serving

a copy on the adverse part3^ The notice must state whether the

appeal is taken from the whole or a part of the judgment, and if

448
THE CODE OF CIVIL PROCEDURE [T. 4, § 885 from a part, what part, and whether the appeal is taken on questions

of law or fact or both.

Ceoss-Reifekenoes

Service of notice of appeal on adverse party, see sections 941 et seq., of this

title. Jurisdiction of district court over appeals, see title 7, section 23.

882. Appeal on question of law.—When a party appeals to the

district court on a question of law alone, he must, within ten days

after notice of the rendition of judgment, prepare a statement of

the case and file the same with the magistrate. The statement must

contain the grounds upon which the party intends to rely upon the

appeal, and so much of the evidence, as may be necessary to explain

the grounds, and no more. Within ten days after receiving notice

that the statement is filed, the adverse party, if dissatisfied with

the same, may file amendments. The proposed statement and amendments must be settled by the magistrate, and if no amendment be

filed the original statements stand as adopted. The statement thus

adopted or as settled by the magistrate, with a copy of the docket

of the magistrate, and all motions filed with him by the parties,

during the trial and the notice of appeal, may be used on the hearing

of the appeal before the district court. 883. Appeal on questions of fact, or law and fact.—When a party

appeals to the district court on questions of fact, or on questions

of both law and fact, no statement need be made, but the action

must be tried anew in the district court. Cboss-Refeeence

Conduct of trial, see section 888 of this title.

884. Transmission of papers to district court.—Upon receiving

the notice of appeal, and on payment of the fees of the magistrate,

payable on appeal and not included in the judgment, and filing an

undertaking as required in the section next following, and after

settlement or adoption of statement, if any, the magistrate must,

within five days, transmit to the clerk of the district court, if the

appeal be on questions of law alone, a certified copy of his docket,

the statement as admitted or as settled, the notice of appeal, and

the undertaking filed; or, if the appeal be on questions of fact, or

both law and fact, a certified copy of his docket, the pleadings, all notices, motions, and all other papers filed in the cause, the notice

of appeal, and the undertaking filed; and the magistrate may be

compelled by the district court, by an order entered upon motion, to

* transmit such papers, and may be fined for neglect or refusal to

' transmit the same. A certified copy of such order may be served

^ on the magistrate by the party or his attorney. In the district

. court, either party may have the benefit of all legal objections made

' in the magistrate's court.

Ife 885. Undertaking on appeal.—An appeal from a magistrate's

. court is not effectual for any purpose, unless an undertaking be

3 filed with two or more sureties in the sum of $25 for the payment

449
T.4, §886] THE CODE OF CIVIL PROCEDURE

of the costs on the appeal, or, if a stay of proceedings be claimed,

in the sum of $25 plus a sum equal to the amount of the judgment,

including costs, when the judgment is for the payment of money;

or plus twice the value of the property including costs, Avhen the

judgment is for the recovery of specific personal property; and

must be conditioned, when the action is for the recovery of money,

that the appellant will pay the amount of the judgment appealed

from, and all costs, if the appeal be withdrawn or dismissed, or the

amount of any judgment and all costs that may be recovered

against him in the action in the district court. When the action is for the recovery of or to enforce or foreclose a lien on specific personal property, the undertaking must be conditioned that the appellant will pay the judgment and costs appealed

from, and obey the order of the court made therein, if the appeal

be withdrawn or dismissed, or any judgment and costs that may be

recovered against him in said action in the district court, and will obey any order made by the court therein.

When the judgment appealed from directs the delivery of

possession of real property, the execution of the same cannot be

stayed unless a written undertaking be executed on the part of the

appellant, with two or more sureties, to the effect that during the

possession of such property by the appellant, he will not commit,

or suffer to be committed any waste thereon, and that if the appeal

be dismissed or withdrawn, or the judgment affirmed, or judgment

be recovered against him in the action in the district court, he will

pay the value of the use and occupation of the property from the

time of the appeal until the delivery of possession thereof; or that

he will pay any judgment and costs that may be recovered against

him in said action in the district court, not exceeding a sum to be

fixed by the magistrate of the court from which the appeal is taken,

and which sum must be specified in the undertaking.

A deposit of the sum of $50 plus the amount of the judgment,

including all costs appealed from, or plus the value of the property,

including all costs, in actions for the recovery of specific personal

property, with the magistrate, is equivalent to the filing of the

undertaking, and in such cases the magistrate must transmit the

money to the clerk of the district court to be by him paid out on the

order of the court. Cross-Ueference

Qualification of sureties, see section 963 of this title. 886. Filing of undertaking; exception to and justification of

sureties.—The undertaking on appeal must be filed within five days

after the filing of the notice of appeal, and notice of the filing of the undertaking must be given to the respondent. The adverse

party may except to the sufficiency of the sureties within five days

after the filing of the undertaking, and unless they or other sureties justify before the magistrate within five days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal must be regarded as if no such undertaking had been given. 887. Stay of proceedings on filing undertaking.—If an execution

be issued on the filing of the undertaking staying proceedings, the

460
THE CODE OF CIVIL PROCEDURE [T. 4, § 890 magistrate must, by order, direct the officer to stay all proceedings on the same. Such officer must, upon payment of his fees for services rendered on the execution, thereupon relinquisli all property

levied upon and deliver the same to the judgment debtor, together

with all moneys collected from sales or otherwise. If his fees be not

paid, the officer may retain so much of the property or proceeds

thereof as may be necessary to pay the same.

888. Powers of district court on appeal.—Upon an appeal heard

upon a statement of the case, the district court may review all orders

affecting the judgment appealed from, and may set aside, or confirm, or modify any or all of the proceedings subsequent to and

dependent upon such judgment, and may, if necessary or proper,

order a new trial. When the action is tried anew, on appeal, the

trial must be conducted in all respects as other trials in the district court. The provisions of this title as to changing the place of trial,

and all the provisions as to trials in the district court, are applicable

to trials on appeal in the district court. For a failure to prosecute an appeal, or unnecessary delay in bringing it to a hearing, the district court, after notice, may order the appeal to be dismissed, with

costs ; and if it appear to such court that the appeal was made solely

for delay, it may add to the costs such damages as may be just, not

exceeding 25 percent of the judgment appealed from. Judgments

rendered in the district court on appeal shall have the same force and

effect and may be enforced in the same manner as judgments in actions commenced in the district court. Cross-References

Ameudinents, see section 275 of this title. Trial de novo on appeal, see section 883 of this title. New trial, see sections 531 et seq., of this title. 889. No appeal effective unless fees for filing are paid.—No

appeal taken from a judgment rendered in a magistrate's court in

civil matters shall be effectual for any purpose whatever unless the

appellant shall, at the time of filing the notice of appeal, pay to the

magistrate, in addition to the fee payable to the magistrate on appeal,

a docket fee of $5 for filing the appeal and for placing the action on

the calendar in the district court. Upon transmitting the papers on appeal, the magistrate shall transmit to the clerk of the district court the sum thus deposited for filing the appeal in the district court and for placing the action on the calendar. No notice of appeal

shall be filed unless the fees herein provided for are paid in accord- ance with the provisions of this section.

890. Dismissal of appeals from magistrate's court where not

brought to trial within one year.—No action heretofore or hereafter

appealed from the magistrate's court to the district court, sliall be

further prosecuted, and no further proceedings shall be had therein,

and all such actions heretofore or hereafter appealed, must be dis- missed by the court to w^hich the same shall have been appealed, on

its own motion, or on the motion of any party interested therein,

whether named in the complaint as a party or not, where the appealmg party fails to bring such appeal to trial within one year from

451
T.4, §891] TEE CODE OF CIVIL PROCEDURE

the date of filing such appeal in said district court, unless such time

be otherAvise exfended by a written stipulation by the parties to the

action filed with the clerk of the district court to which the appeal

is taken.

891. Papers returned on dismissal of appeal.—Upon dismissal of

the appeal the clerk of the district court shall return all the papers

to the court from which the appeal was taken, and the magistrate of

said court shall have jurisdiction the same as if no appeal had been

taken.

CHAPTER 16.—MISCELLANEOUS PROVISIONS

Alt. Sec.

1. Proceedings against joint debtors. 901

2. Offer of defendant to compromise- 911

o. Inspection of writings 921

4. Motions and orders 931

Alt. Sec.

5. Notices and filing and service of papers 941

6. General provisions 951

7. Declaratory relief 971 ARTICLE 1.—PROCEEDINGS AGAINST JOINT DEBTORS

Sec. 901.

902

I'arties not summoned in action on

joint contract may be .sunimoued

after judgment.

Summons in that case, what to contain, and hovs' served.

^ec. 903. Affidavit to accompany summons.

004. Answer ; what it may contain.

00.5. Wbat constitute the pleadings in the

case.

!)06. Is; ues, how tried ; verdict ; what to be. Section 901. Parties not summoned in action on joint contract

may be summoned after judgment.—When a judgment is recovered

against one or more of several persons, jointly indebted upon an

obligation, by proceeding as provided in section 167 of this title, those who were not originally .served with the summons, and did not appear to the action, may be summoned to show cause why they

should not be bound by the judgment, in the same manner as though

they had been originally served w4th the summons.

Cross-references

Joining parties severally liable upon instrument, see section 139 of tliis title rroceecUn.^i;s wliere tliere are several defendants and part only are served

see section 1G7 of this title. Judgment against some defendants, proceeding continuing against others, see section 413 of tliis title. Release of one joint debtor does not discliarge others, see title 3, section 793. 902. Summons in that case, what to contain, and how served.—

The summons, as jjrovided in the next preceding section, must de- scribe the judgment, and require the person summoned to .show cause wdiy he should not be bound by it, and must be served in the same

manner, and returnable within the same time, as the original summons. It is not necessary to file a new complaint.

Ckoss-Ricfkiienck Contents and service, etc., of summons, see sections 163 et seq., of this title. 903. Affidavit to accompany summons.—The summons must be

accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains

unsatisfied, and must specify the amount due thereon.

904. Answer; what it may contain.—Upon such summons, the defendant ma}^ answer within the time specified therein, denying

452
THE CODE OP CIVIL PROCEDURE [T. 4, § 921

the judgment, or setting up any defense which may have arisen subsequently ; or he may deny his liability on the obligation upon which

the judgment Avas recovered, by reason of an}^ defense existing at the commencement of the action.

Ckoss-Refebence

Answer, generally, see section 221 of this title. 905. What constitute the pleadings in the case.—If the defendant, in his answer, denies the judgment, or sets up any defense

which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, constitute the written allegations in the

case ; if he denies his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment,

the summons, with the affidavit annexed, and the answer, constitute

such written allegations, subject to the right of the parties to amend

their pleadings as in other cases. 906. Issues, how tried; verdict, what to be.—The issues formed

may be tried as in other cases; but when the defendant denies, in

his answer, any liability on the obligation upon which the judgment was rendered, if a verdict be found or a decision rendered

against him, it must be for not exceeding the amount remaining

unsatisfied on such original judgment, with interest thereon.

Cross-Refeeence

Trial, see sections 461 et seq., of this title. ARTICLE 2.—OFFER OF DEFENDANT TO COMPROMISE

911. Proceedings on offer of the defendant to compromise after

suit brought.—The defendant may, at any time before the trial or judgment, serve upon the plaintiff an offer to allow judgment to be

taken against him for the sum or property, or to the effect therein

specified. If the plaintiff accept the offer, and give notice thereof

within five days, he may file the offer, with proof of notice of ac- ceptance, and the clerk must thereupon enter judgment accordingly.

If the notice of acceptance be not given, the offer is to be deemed

withdrawn, and cannot be given in evidence upon the trial; and if the plaintiff fail to obtain a more favorable judgment, he cannot

recover costs, but must pay the defendant's costs from the time of

the offer. Ckoss-Refebences

Offer not an admission, see section 2154 of this title. Offer equivalent to tender, see section 2151 of this title. Offer valid without seal, see section 1934 of this title. Compare section 797 of this title. Judgment by confession, see section 1101 of this title. ARTICLE 3.—INSPECTION OF WRITINGS

921. A party may demand inspection and copy of a book, paper,

etc.—Any court in which an action is pending, or the judge thereof,

may, upon notice, order either party to give to the other, within a

specified time, an inspection and copy, or permission to take a copy,

453
T.4,§931] THE CODE OF CIVIL PROCEDURE

of entries of accounts in any book, or of any document or paper in

his possession, or under his control, containing evidence rehiting to the merits of the action, or the defense therein. If compliance with

the order be refused, the court may exclude the entries of accounts

of the book, or the document, or paper from being given in evidence, or if wanted as evidence by the party applying may presume them,

or direct the jury to presume them, to be such as he alleges them to be ; and the court may also punish the party refusing for a contempt.

This section is not to be construed to prevent a party from compelling another to produce books, papers, or documents, when he is examined as a witness.

Ckoss-Refekences

Items of account, see section 253 of this title. Compelling production of Ixiolcs, see sections 1970, 11)71, and L1041 ot seq.. of this title. Writing shown witness may be inspected by adverse party, see section 2123

of this title. Inspection of writings, see section 244 of this title. Contempt, disobedience of order of court, see section 11G3 of this title. ARTICLE 4.—MOTIONS AND ORDERS

Sec. 931. Older and motion defined. 932. Motions and orders, where made.

933. Notifu of motion, when to be given.

Sec. 934. Order for payment of money, tiow en- forced.

931. Order and motion defined.—Every direction of a court or judge, made or entered in writing, and not included in a judgment,

is denominated an order. An application for an order is a motion.

CROS 8-REFERENCE8 Conclusiveness of orders, see sections 1934, 1935, and 20116 of this title. Form of orders in jjrobate proceedings, see section 1681 of this title. Power of court to amend, and to enforce, orders, see section 23 of tliis title. Vacating order, see section 861 of this title. 932. Motions and orders, where made.—Motions must be made

in the division, in which the action is pending. Orders made out of court may be made by the judge of the court in either division.

Ceoss-Refebence Powers of judge at chambers, see sections 27 and 30 of this title ; and title 7, section 31.

933. Notice of motion, when to be given.—When a written notice

of a motion is necessary, it nuist be given live days before the time

appointed for the hearing.

Cboss-Refebence

Notice of motion and service thereof, see sections 941 et seq., of tliis title. 934. Order for payment of money, how enforced.—Whenever an

order for the payment of a sum of money is made by a court pursuant

to the provisions of this title, it may be enforced by execution in the same manner as if it were a judgment.

454
THE CODE OF CIVIL PROCEDURE [T. 4, § 948 ARTICLE 5.—NOTICES AND FILING AND SERVICE OF PAPERS

Sec. 941. Notices and papers, how served.

942. Notices and papers, when and

served.

943. Service by mail, when.

944. Service by mail, how.

how

Sec. 945. Appearance ; notices after appearance.

940. Service on nonresidents.

947. Preceding provisions not to apply to process or to contempt.

941. Notices and papers, how served.—Notices must be in writing,

and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, and the papers,

if any, upon which it is to be based. If any such paper has not

previously been served upon the party to be notified and was not

filed by him, a copy of such paper must accompany the notice.

Notices and other papers may be served upon the party or attorney

in the manner prescribed in this article, when not otherwise provided

by this title. 942. Notices and papers, when and how served.—The service may

be personal, by delivery to the party or attorney on whom the service

is required to be made, or it may be as follows

1. If upon an attorney, it may be made during his absence from

his office, by leaving the notice or other papers with his clerk therein, or with a person having charge thereof; or when there is no

person in the office, by leaving them between the hours of nine

in the morning and five in the afternoon, in a conspicuous place

in the office ; or, if it is not open so as to admit of such service, then

by leaving them at the attorney's residence, with some person of not

less than eighteen years of age, if his residence is in the same division

with his office ; and if his residence is not known, or is not in the same

division with his office, or being in the same division it is not open,

or there is not found thereat any person of not less than eighteen years

of age, then by putting the same, inclosed in a sealed envelope, into

the post office directed to such attorney at his office, if known;

otherwise to his residence, if known ; and if neither his office nor his

residence is known, then by delivering the same to the clerk of the

court for the attorney

2. If upon a party, it may be made by leaving the notice or other

paper at his residence, between the hours of eight in the morning

and six in the evening, with some person of not less than eighteen

years of age; if at the time of attempted service between the said

hours no such person can be found at his residence, the same may be

served by mail ; and, if his residence is not known, then by delivering

the same to the clerk of the court for such party.

Ckoss-References

Service on attorney, see section 946 of this title. Extension of time for service, see section 960 of this title. Proof of service, by aflSdavit, see section 2071 of this title. 943. Service by mail, when.—Service by mail may be made where

the person making the service and the person on whom it is to be

made reside or have their offices in different places between which

there is a regular communication by mail.

455
T.4, §944] THE CODE OF CIVIL PROCEDURE

944. Service by mail, how.—In case of service by mail, the notice or other paper must be deposited in the post office, in a sealed

envelope addressed to the person on whom it is to be served, at his

office or place of residence. The service is complete at the time of the

deposit.

945. Appearance; notices after appearance.—A defendant appears in an action when he answers, demurs, or gives the plaintiff

written notice of his appearance, or when an attorney gives notice of

appearance for him. After appearance, a defendant or his attorney

is entitled to notice of all subsequent proceedings of which notice is required to be given. But where a defendant has not appeared,

service of notice or papers need not be made upon him unless he is imprisoned for want of bail. Ckoss-Reifebences

Appearance, waiver of summons, see sections 1G2 and 171 of this title. Appearance as curing defective service, see section 416 of this title. Waiver of notice by appearance, see section 1219 of this title. Appearance in forcible entry and detainer, see section 1151 of this title. 946. Service on nonresidents.—Wlien a plaintijff or a defendant,

who has appeared, resides out of the Canal Zone, and has no attorney

in the action or proceeding, the service may be made on the clerk

for him. But in all cases where a party has an attorney in the action or proceeding, the service of papers, when required, must be upon

the attorney instead of the party, except service of subpenas, of

writs, and other process issued in the suit, and of papers to bring

him into contempt. If the sole attorney for a partj^ is removed or suspended from practice, then the party has no attorney within the

meaning of this section. If his sole attorney has no known office in

the Canal Zone, notices and papers may be served by leaving a copy

thereof with the clerk of the court, unless such attorney shall have

filed in the cause an address of a place at which notices and papers

may be served on him, in which event they may be served at such

place.

CEOSS-ReIFE!RE[N CE8 Attorney, duties and authority, see sections 47 and 48 of this title. Manner of service, see section 942 of this title. Service of subpena, see section 20i3 of this title. 947. Preceding provisions not to apply to process or to con- tempt.—The foregoing provisions of this article do not apply to the service of a summons or other process, or of any paper to bring

a party into contempt.

456
THE CODE OF CIVIL PROCEDURE [T. 4, § 956

ARTICLE 6.—GENERAL PROVISIONS

Sec. 951.

952.

953.

954.

955.

956.

95T. 95 S. 959.

960.

961.

Lo.st papers, how supplied. Papers without the title of the action, or with di'fective title, may he valid. Successive actions on the same contract, etc. Severance and consolidatiou.

Action.s, when deemed pending. Actions to determine adverse claims, and by sureties. Testimony ; who may take down. The clerk shall keep minute books. Two of three referees, etc., may do any act. Extension of time within which an act

is to be done ; not to exceed 30

days ; exception. Action against officer for official acts.

Sec. 962. Corporations may become sureties on

undertakings and bonds.

963. Undertakings mentioned in this title, requisites of. 904. Justification by corporate security on

bonds.

965. Clerk may accept cash deposit in lieu of bond.

966. Clerk to copy certain bonds in appropriate book.

907. Clerk to be ex officio registrar of property.

968. Government not required to give bonds when a party.

969. Surety on appeal substituted to rights

of judgment creditor.

951. Lost papers, how supplied.—If an original pleading or paper be lost, the court may authorize a copy thereof to be filed and

used instead of the original.

Ckoss-Refebences

Admissibility of abstracts of title where records lost or destroyed, see section 1873 of this title. Claim on lost instrument, how presented against estate, see section 1478 of

this title. Lost summons, issuance of alias, see section 164 of this title. Lost writings, how proved, see sections 1872 and 1069 of this title. Re-establishment and re-execution of lost in.strument, see title 3, section 2734. 952. Papers without the title of the action, or with defective

title, may be valid.—An affidavit, notice, or other paper, without

the title of the action or proceeding in which it is made, or with a

defective title, is as valid and effectual for any purpose as if duly

entitled, if it intelligibly refer to such action or proceeding.

953. Successive actions on the same contract, etc.—Successive

actions may be maintained upon the same contract or transaction,

whenever, after the former action, a new cause of action arises

therefrom.

CROSS-ReFEEENCES

Action, defined, see section 10 of this title. Proceedings where mortgage debt falls due at different times, see section 643 of this title. 954. Severance and consolidation.—An action may be severed and

actions may be consolidated, in the discretion of the court, whenever

it can be done without prejudice to a substantial right.

955. Actions, when deemed pending.—An action is deemed to be

pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless

the judgment is sooner satisfied. 956. Actions to determine adverse claims, and by sureties.—An

action may be brought by one person against another for the purj)ose

of determining an adverse claim, which the latter makes against

the former for money or property upon an alleged obligation; and

also against two or more persons, for the purpose of compelling one

93083—34- -30 457
T. 4, § 957] THE CODE OF CIVIL PROCEDURE

to satisfy a debt due to the other, for which plaintiff is bound as a

surety.

Cross-references

Quieting title to real and personal property, see sections 661 et seq., of this

title. Surety may compel principal to perform obligation, see title 3, section 2143. 957. Testimony ; who may take down.—On the trial of an action

in the district court, if there is no shorthand reporter of the court in

attendance, the testimony may be taken down in writing by anyone

agreed to by the parties.

958. The clerk shall keep minute books.—The clerk shall in

person or by assistant attend all sessions of the court and keep minute

books, in which he shall record, under the direction of the judge,

all the proceedings of the court. 959. Two of three referees, etc., may do any act.—When there

are three referees, all must meet, but two of them may do any act which might be done by all.Cross-Referenceis References and trials by referees, see sections 511 to 517 of this title. Majority of executors may act, see section 1289 of this title.

960. Extension of time within which an act is to be done ; not to exceed thirty days ; exception.—When an act to be done, as provided

in this title, relates to the pleadings in the action, or the undertakings to be filed, or the justifications of sureties, or the preparation

of bills of exceptions, or of amendments thereto, or to the service

of notices other than of appeal, the time allowed by this title, unless

otherwise expressly provided, may be extended, upon good cause shown, by the judge of the district court; but such extension shall not exceed thirty days, without the consent of the adverse party.

Cboss-Refkrence

Extension of time to plead, see section 275 of this title.

961. Action against oflScer for ofiScial acts.—If an action is brought against any officer or person for an act for the doing of

which he had theretofore received any valid bond or covenant of

indemnity, and he gives seasonable notice thereof in writing to the

persons who executed such bond or covenant, and permits tliem to conduct the defense of such action, the judgment recovered therein

is conclusive evidence against the persons so notified ; and the couit

may, on motion of the defendant, upon notice of five days, and upon

proof of such bond or covenant, and of such notice and permission,

enter judgment against them for the amount so recovered and costs. 962. Corporations may become sureties on undertakings and

bonds.—In all cases where an undertaking or bond, with any number of sureties, is authorized or recjuired by any provision of this

title, or of any law of the Canal Zone, any corporation with a paidup capital of not less than $100,000, incorporated under the laws

458
THE CODE OF CIVIL PROCEDURE [T. 4, § 964

of any State of the United States for the purpose of making, guaranteeing, or becoming a surety upon bonds or undertakings required

or authorized by hiw, or which, by the laws of tlie State where it was incorporated has such power, and which shall have complied

with all the requirements of the law of the Canal Zone regulating

the admission of these corporations to transact such business in the Canal Zone, may become and shall be accepted as security or

as sole and sufficient surety upon such undeiiaking or bond, and such

corporate surety shall be subject to all the liabilities and entitled to

all the rights of natural i)erson sureties. 963. Undertakings mentioned in this title, requisites of.—In any

case where an undertaking or bond is authorized or required by any

law of the Canal Zone, the officer taking the same must, except in

the case of such a corporation as is mentioned in the next preceding

section, require the sureties to accompany it with an affidavit that

they are each residents of the Canal Zone, and are each worth the sum specified in the undertaking or bond, over and above all their

just debts and liabilities, exclusive of property exempt from execution; but when the amount specified in the undertaking or bond

exceeds $3,000, and there are more than two sureties thereon, they

may state in their affidavits that they are severally worth arnounts

less than the amount specified in the undertaking or bond, if the

whole amount is equivalent to that of two sufficient sureties. Any corporation such as is mentioned in the next preceding sec- tion may become sole surety on such bond.

New undertaking.—Whenever an undertaking has been given and

approved in any action or proceeding, and it is thereafter made to appear to the satisfaction of the court that any surety upon such

undertaking has for any reason become insufficient, the court may,

upon notice, order the giving of a new undertaking, with sufficient sureties, in lieu of such insufficient undertaking. In case such new- undertaking so required shall not be given within the time required

by such order, or in case the sureties thereon fail to justify thereon

when required, all rights obtained by the filing of such original

undertaking shall immediately cease. Cross-Reference

Section applied to guardians, see section 1820 of tliis title. 964. Justification by corporate sureties on bonds.—Whenever

the surety on a bond or undertaking authorized or required by any

law of the Canal Zone is a foreign corporation, authorized to become

surety on bonds or undertakings in the Canal Zone, and exception

is taken to the sufficiency of such surety as required by law, such

corporate surety may justify on such bond or undertaking as follows:

Proceduke.—Any agent, attorney in fact, or officer of such corporation shall submit to the court, judge, officer, board, or other person

before whom the justification is to be made:

First. The original, or a certified copy of, the power of attorney,

bylaws or other instrument showing the authority of the person

or persons who executed the bond or undertaking to execute the same;

459
T. 4, § 965] THE CODE OF CIVIL PROCEDURE

Second. A certified copy of the certificate of aiithorit}^, showing

that the corporation is authorized to transact business;

Third. A certificate from the executive secretary showing that the

said certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended, or in the event that it has been, that

I'enewed authority to act under such certificate has been granted

Fourth. A financial statement showing the assets and liabilities of

such corporation at the end of the quarter calendar year prior to forty-five days next preceding the date of the execution of the bond

or undertaldng ; such financial statement must be verified under oath

by the president, or a vice president and attested by the secretary or an assistant secretary of such corporation.

Justification when complete.—Upon complying with the foregoing provisions and it appearing that the bond or undertaking was

duly executed, that the corporation is authorized to transact business

in the Canal Zone, and that its assets exceed its liabilities in an amount equal to or in excess of the amount of the bond or undertaking, the justification of the surety shall be complete and it shall be

accepted as the sole and sufficient surety on the bond or undertaking.

965. Clerk may accept cash deposit in lieu of bond.—In all proceedings in which a bond is required the clerk of the district court may accept a cash deposit in the sum of the bond. Where a cash

bond is given, such moneys or any part thereof may be withdrawn

only upon order of the court. 968. Clerk to copy certain bonds in appropriate book.—All bonds

of every nature and description required in civil actions or proceedings, except bonds for arrest or appeal from inferior courts, shall be

copied in full by the clerk in an appropriate book, and such copy,

duly authenticated by him, shall have the for.^e and effect of the

original.

967. Clerk to be ex officio registrar of property.—The clerk of

the district court is ex officio registrar of property of the Canal

Zone, and the assistant clerks shall have and exercise like powers in the name of their principal. The clerk and his assistants shall have

the duties of registrar so as to give constructive notice in all cases where provision is made for such notice bj^ law. They shall keep

proper books of record, v.'hich shall at all reasonable hours be open

to the public.

968. Government not required to give bonds when a party.—

In any civil action or proceeding Avherein the Government is a party

plaintiff, or any Government officer, in his official capacity or on be- half of the Government, is a party plaintiff or defendant, no bond,

written undertaking, or security can be required of the Government,

or any officer thereof; but on complying with the other provisions

of this title the Government, or any Government officer acting in his

official capacity, shall have the same rights, remedies, and benefits as

if the bond, undertaking, or security were given and approved as required by this title. Ceoss-Rbjfebencb

Security not required of Goveruraent on injunction, see section 345 of this

title. 460
THE CODE OF CIVIL PROCEDURE [T. 4, § 973

969. Surety on appeal substituted to rights of judgment creditor.—Whenever any suret}' on iin undertaking on appeal, executed

to stay proceedings upon a money judgment, pays the judgment,

either with or without action, after its affirmation by the appellate

court, he is substituted to the rights of the judgment creditor, and

is entitled to control, enforce, and satisfy such judgment, in all respects as if he had recovered the same.

Ckoss-Refekences Subrogatiou of surety iiaying judguient, see section GIO oi' this title. Subrogation of surety to rights of creditor or cosureties, see title 3, sections 2145 and ;-'146. ARTICLE 7.—DECIiARATORY RELIEF

Sec. I Sec. 971. Declaratory relief. 973. Other remedies not affected.

Ql'2. Power not exercised when. 1 971. Declaratory relief.—Any person interested under a deed, will, or other written instrument, or under a contract, or w-ho desires a

declaration of his rights or duties with respect to another or in

respect to, in, over or- upon property, may, in cases of actual contro- versy relating to the legal rights and duties of the respective parties,

bring an action in the district court for a declaration of his rights

and duties in the premises, including a determination of any question

of construction or validity arsing under such instrument or contract. He may ask for a declaration of rights or duties, either alone or with other relief; and the court may make a binding declaration

of such rights or duties, whether or not further relief is or could be

claimed at the time. The declaration may be either affirmative or negative in form and effect, and such declaration shall have the force

of a final judgment. Such declaration may be had before there has

been any breach of the obligation in respect to which said declaration

is sought.

972. Power not exercised when.—The court may refuse to exercise the power granted by this article in any case where its declaration or determination is not necessary or proper at the time under

all the circumstances.

973. Other remedies not affected.—The remedies provided by

this article are cumulative, and shall not be construed as restricting

any remedy, provisional or otherwise, provided by law for the benefit

of any party to such action, and no judgment under this article shall

preclude any party from ol3taining additional relief based upon the same facts.

461
T.4, §981] THE CODE OF CIVIL PROCEDURE

CHAPTER 17.—FEES; COSTS AND SECURITY FOR COSTS IN THE

DISTRICT AND MAGISTRATES' COURTS

Art.

1. Fees in geiieral-

•2. Costs

Sec. 981

1001

Art. Sec.

3. Security for costs 1021

ARTICLE 1.—FEES IN GENERAL

Sec. 981.

982.

983.

984. 985.

Lawful to demand specific fees only. Docket fees and other depo.':its for

services of clerk or magistrate.

Jury fee. Fees in probate and guardianship matters. Clerk of district court ; fees for vari- ous services ; copies of papers and

records.

Sec. 986. Marshal, constables, and other per- sons serving process. 9S7. Same : attempts to serve process.

988. Magistrates.

!»8'.». Witness fees. 990. Referee's fees. 991. Other fees to be fixed by general rules of the district court.'.

Section 981. Lawful to demand specific fees only.—It shall be

lawful for the clerk of the district court, referees, and commissioners

appointed by the district court, the marshal, magistrates, constables,

and other officers and persons hereinafter mentioned, together with

their assistants and deputies, to demand, and receive, the hereinafter

mentioned fees and no more; but all fees collected by officers drawing a regular salary or fixed compensation from the Government

shall be paid over to the collector of the Panama Canal.

982. Docket fees and other deposits for services of clerk or

magistrate.—The United States of America, the Government of the

Canal Zone, and the Panama Canal, or any officer thereof who sues or is sued in his official capacity, shall not be required to pay any

costs for the bringing or defending of an action.

Every other plaintiff in a civil action commenced in the district

court, except as hereinafter designated, shall deposit w^ith the clerk or assistant clerk thereof a docket fee of $8 upon the filing of the

complaint. An intervcnor who is allowed to intervene therein shall deposit $5 upon the filing of the petition of intervention. A plaintiff

in a habeas corpus, mandamus, certiorari, or prohibition proceeding,

or any other special proceeding, except a probate or guardianship

proceeding, shall deposit $3 upon the filing of the complaint. Such sum or sums so deposited shall be full compensation for the clerk or assistant clerk for all services performed in any such action or proceeding, except lawful copy fees for furnishing copies of any

paper or record therein.

Any other plaintiff in a civil action commenced in a magistrate's court at the time of commencing the action shall deposit a docket

fee of $3. An intervenor who intervenes therein shall deposit a fee

of $1 at the time of appearance. Such sum or sums so deposited shall be full compensation for all services of the magistrate in said action;

except that lawful copy fees may be charged and collected for furnishing copies of any paper or record therein.

983. Jury fee.—Any party to a civil case in the district court,

who demands a trial by jury, shall accompany said demand with a deposit of $10 as a jury fee; and unless such deposit is made, the

case shall be tried without the intervention of a jury.

462
THE CODE OF CIVIL PROCEDURE [T. 4, § 986

984. Fees in probate and guardianship matters.—The fees for

the services of the clerk or assistant clerk of the district court in

probate and guardianship matters shall be as follows: AVheie the

value of the estate does not exceed $1,000, $3 ; where the value of the

estate exceeds $1,000, and does not exceed $5,000, $5; where the value

of the estate exceeds $5,000, $8.

Such fees shall be full compensation for the services of the clerk or assistant clerk in such proceedings, except that they shall be entitled to charge lawful fees for furnishing copies of papers and

records therein. The judge of the district court shall have the power,

in his discretion, in any case where the estate is small and the circumstances warrant, to waive the payment of any fee to the clerk or

assistant clerk for services to be performed in such proceedings.

985. Clerk of district court; fees for various services; copies of

papers and records.—For certifying the official act of a magistrate

or other certificate, with seal, 25 cents. For certified copies of any paper, record, decree, judgment, or

entry, for each one hundred words or fraction thereof, 10 cents, and

the further sum of 25 cents for each certification : Provided, however.

That wiiere copies are furnished by those desiring the same, the cer- tification fee alone shall be collected. For all copies of records, or bills of exception, or testimony, or of

other documents for transmission to the Circuit Court of Appeals, 10

cents for each one hundred words or fraction thereof, and the further sum of 25 cents for each certification thereof: Provided, however, That where copies are furnished by those desiring the same,

the certification fee alone shall be collected. 986. Marshal, constables, and other persons serving process.—

For executing process, preliminarj'^ and final judgments, and decrees

of any court, for each mile of travel in the service of process going

one way, reckoned from the place of service to the place to which

the process is returnable, 10 cents. For serving an attachment against the property of the defendant,

$1, together wnth a reasonable allowance to be made by the court

for expenses, if any, necessarily incurred in caring for the property

attached.

For arresting each defendant, 50 cents. For serving summons and cop}^ of complaint for each defendant,

$1 ; but in special proceedings, testamentary or administrative, where

several members of a family residing at the same place are defendants the fee for each defendant shall be 50 cents. For serving subpenas, for each witness served, 25 cents besides

travel fees. For each copy of any process necessarily deposited in the office of

registrar of property, 10 cents for each one hundred words, but not

less than 50 cents in each case. For taking bonds or other instruments of indemnity or security,

for each, 25 cents. For executing a writ of process to put a person in possession of

real estate, $1.

For attending with prisoner on habeas corpus trial, each day, $1.

463
T.4, §987] THE CODE OF CIVIL PROCEDURE

For transporting each prisoner on habeas corpus or otherwise,

when required, for every mile going and returning, 10 cents. For advertising sale, besides printer's charge, 50 cents. For taking inventory of goods levied upon, to be charged only

when the inventory is necessary, a sum fixed by the court not exceeding the actual reasonable cost of the same to be shown by vouchers.

For levying an execution on property, $1.

On all money collected by him by order of any decree, execution,

attachment, or any other process, the following sums

a. On the first ^100 or less, 2 per centum

b. On the second $100, IY2 per centum

c. On all sums between $200 and $1,000, 1 per centum; and

d. On all sums in excess of $1,000, 1/0 per centum.

987. Same; attempts to serve process.—The following fees shall

be charged for return on and mileage in attempts to serve process, or any order, judgment, or decree of any court in civil cases

(a) For each return, $1

(b) For mileage going one way in attempting to serve or execute any process, order, judgment, or decree of any court, for each mile

traveled one way, 10 cents. No such fees shall be charged against the United States or the

Panama Canal or an officer thereof sued in his official capacity.

988. Magistrates.—For all services of a magistrate in a civil action the fees prescribed in section 982 of this title. For administering oath upon any affidavit or other paper with

certificate of oath, 20 cents. For an appeal, with proceedings taking bond, making and forwarding transcript of record, 75 cents. For each certificate not otherwise provided for, 15 cents. For writing and certifying deposition, including the administration of oath to the witness, 10 cents for each one hundred words in

the deposition and certificate. For certified copies of any record of proceeding of which any

person is entitled to receive a copy, 10 cents for each one hundred

words.

A magistrate upon receiving payment of fees allowed to him by

law, must render to the person or persons so paying an itemized

account thereof.

989. Witness fees.—Witnesses in the district court, either in ac- tions or special proceedings, shall be entitled to $1 per day and

10 cents for each mile going to the place of trial from their homes

by the nearest route of usual travel; but mileage shall be charged

but once in the action unless witness is compelled to attend more than

one term of court, nor shall any allowance be made for mileage except

that traveled within the Canal Zone.

Witnesses before magistrates' courts and other inferior tribunals

shall be allowed 50 cents per day and the travel fees above provided

and no more. Fees to which witness may be entitled in a civil action shall be

allowed, on the affidavit of the witness, stating the number of days

he has attended, the amount of mileage to which he is entitled, to

464
THE CODE OF CIVIL PROCEDURE [T. 4, § 1002

be taken and preserved by the clerk of the court, magistrate, or other

officer before whom the Avitness was called to testify, and a certificate of the allowance shall be <riven to the witness. But on final taxation

of costs the truth of the aiKdavit may be contested and this allowance

may be set aside in whole or in part as the facts require. A witness

shall not be allowed compensation for his attendance in more than

one case or on more than one side of the same case at the same time,

but may elect in which of several cases or on which side of the case, when he is summoned by both sides, to claim his attendance ; a person

Avho is compelled to attend court on other business shall not be paid

as a witness.

990. Referee's fees.—The fees of referees are $5 to each for every

day spent in the business of the reference ; but the parties may agree,

in writing, upon any other rate of compensation, and thereupon such

rates shall be allowed.

Ceoss-References

Reference, generally, see sections 511 to 517 of this title. Referees in probate, see sections 1487 and 1488 of this title. 991. Other fees to be fixed by general rules of the district court.—If it shall appear that services are required of clerks of court,

marshals, or officers of the court, other than those for which specific fees have been provided in this article, the district judge shall by

general rules provide for a scale of fees for such other services, which

scale shall be proportionate to the fees in this article provided for

similar services.

ARTICLE 2.—COSTS

Sec. 1001 Each party responsible for his costs

fees for service of process payable

in advance.

1002. Prosecution or defense of actions in forma pauperis. 1003. Costs ordinarily allowed to prevail- ing party.

1004. Bill of costs and taxing of costs in

district court.

Src. 1005. What costs may be recovered in dis- trict court. 1006. Magistrate to tax costs in his court. 1007. What costs may be recovered in magistrate.s' courts. lOOS. Continuance, costs may be imposed

as condition of. 1009. When action dismissed for want of

jurisdiction. 1001. Each party responsible for his costs; fees for service of

process payable in advance.—Each party to any civil action insti- tuted in the district court or any magistrate's court of the Canal Zone

shall be responsible for the costs incurred by liim in such action, and

the marshal, constable, or other officer, authorized to execute any

process in such actions, shall not execute the same unless the fees allowed by law for the service of such process, shall be paid in

advance by the party seeking such process, unless such party to the

action is entitled to prosecute the same in forma pauperis, as provided

in the section next follow^ing.

1002. Prosecution or defense of actions in forma pauperis.

Any citizen of the United States, entitled to commence any action

in any court in the Canal Zone, may commence and prosecute or defend to conclusion any such action, without being required to prepaj^ fees or costs or give security therefor, before or after bringing such action, upon filing in the said court a statement, under

465
T. 4, § 1003] THE CODE OF CIVIL PROCEDURE

oath, in writing, that because of his poverty he is unable to pay the

costs of said action, or to give security for same, and that he believes

that he is entitled to the redress he seeks by such action, and setting

forth the nature of the said cause of action.

The opposing party in the action, the clerk of the district court, or

his assistant, or the magistrate, as the case may be, may contest the

inability of the party to pay costs or his inability to furnish security

for same ; 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. 1003. Costs ordinarily allowed to prevailing party.—Costs shall ordinarily be allowed to the prevailing party as a matter of course, but the court shall have power for special reasons to adjudge that

either party shall pay the costs of an action, or that the same be

divided as may be equitable.

1004. Bill of costs and taxing of costs in district court.—The

party in whose favor judgment is rendered in the district court and

who claims his costs, must within five days after the verdict or notice

of the decision of the court deliver to the clerk and to the adverse

party, or his attorney, a memorandum of the items of his costs in

the action or proceeding, which memorandum must be verified by the

oath of the party, or his attorney or agent, or by the clerk of his

attorney, stating that to the best of his knowledge and belief the

items are correct and that the disbursements have been necessarily

incurred in the action or proceeding. A party dissatisfied with the

costs so claimed, may, Avithin five days after notice of filing of the

bill of costs, file a motion to have the same taxed by the court or

the judge thereof in said action.

1005. What costs may be recovered in district court.—In an

action pending in the district court, the prevailing party may recover

the following costs and no others

For each witness necessarily produced by him, for each day's

necessary attendance of such witness at the trial, the witness'

lawful fees. For each deposition lawfully taken by him, and produced in

evidence, $2.50.

For original documents, deeds, or papers of any kind produced by

him, nothing.

For official copies of such documents, deeds, or papers, the lawful

fees necessarily paid for obtaining such copies.

The lawful fees paid by him for the service of any process in the

action, and all lawful clerk's fees paid by him.

1006. Magistrate to tax costs in his court.—The costs in the

magistrate's court shall be taxed by the magistrate without the filing

and service of a memorandum of costs as provided in section 1004 of

this title, and upon such information as to magistrate and constable

466
THE CODE OF CIVIL PROCEDURE [T. 4, § 1021

costs and other costs and fees and mileage of witnesses as the

magistrate may require.

1007. What costs may be recovered in magistrates' courts.—In

an action pendinij; before a magistrate, the plaintiff may recover the

following costs, and no others:

For each witness produced by him, for each daj^'s necessary

attendance at the trial, the witness' lawful fees. For each deposition lawfully taken by him and produced in evidence, $2.50.

For original documents, deeds, or papers of any kind produced

by him, nothing.

For official copies of such documents, deeds, or papers, the lawful

fees necessar}'- paid for obtaining such copies.

The lawful fees paid by him for service of the summons and

other process in the action.

The lawful docket fee paid by him.

If the judgment is for the defendant, he may recover the followingcosts, and no others

For each witness produced by him, for each day's necessary attend- ance at the trial, the witness' lawful fees. For each deposition lawfully taken by him and produced in evidence, $2.50.

For original documents, deeds, or papers of any kind produced by

him, nothing.

For official copies of such deeds or papers, the lawful fees necessarily paid for obtaining such copies.

The lawful fees paid by him for service of any process in the

action.

1008. Continuance, costs may be imposed as condition of.

When an application is made to a court or referee to postpone a trial. the payment of costs occasioned by the postponement may be imposed,

in the discretion of the court or referee, as a condition of granting

the same.

Cross-Reference

Postponement, generally, see sections 438 and 439 of tbis title. 1009. When action dismissed for want of jurisdiction.—If an

action is dismissed for want of jurisdiction, courts nevertheless shall have power to render judgment for costs as justice may require.

ARTICLE 3.—SECURITY FOR COSTS

Sec. 1021. I'laintiff may l>e required to give. 1022. New or additional undertaking by

plaintiff ; form of security. 1023. Bonds, what to authorize.

lOi-l. Security not required from Government.

Sec. 1025. Security by intervenor or counterclaimant.

1026. Costs secured by attachment or other bond.

1021. Plaintiff may be required to give.—The plaintiff in any

civil action or proceeding in the district court or in either of the

magistrates' courts may be ruled to give security for the costs upon

motion of the opposing party or of any officer of the court interested

in the costs accruing in said action; and it shall be the duty of the

467
T. 4, § 1022] THE CODE OF CIVIL PROCEDURE

court to require the plaintiti to give such security for costs within a reasonable time thereafter and not later than ten days after the

motion is presented to the court; and if the plaintiff shall fail to comply with the order of the court within the time prescribed by the court or judge thereof, the action shall be dismissed.

1022. New or additional undertaking by plaintiff; form of

security.—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 action.

The security for costs required by this article 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. If personal security is furnished, the

sureties must be residents of the Canal Zone, and no officer of the

court or attorney practicing before the court shall be accepted as surety.

1023. Bonds, what to authorize.—All bonds given as security for

costs shall authorize judgment against all of the obligors of the

said bonds, jointly and severally, for such costs, to be entered in the

final judgment of the action or special proceeding.

1024. Security not required from government.—No security for

costs shall be required of the United States, the Panama Canal, or any of its dependencies or from the public administrator.

1025. Security by intervenor or counterclaimant.—The provisions of this article, 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 action.

1026. Costs secured by attachment or other bond.—^Vhen the

costs are secured by the provisions of an attachment or otlier bond,

filed by the party required to give satisfactory security for costs, no

further security shall be required.

CHAPTER 18.—WRITS OF REVIEW, MANDATE, AND PROHIBITION

Art. Sec.

1. Writ of iGViow 1031

•-'. Writ of mandate 1051

a. Writ of pro'.iibition 1071

Art. Sec.

4. Issuixnce, return and hearing lOSl

5. Rules of practice 1091 ARTICLE 1.—WRIT OF REVIEW

Sec. 10:U. Writ of review defined. 1082. Wlien granted by district court. 1U38. .\pplication for writ, liow made.

1034. The writ to lie directed to the inferior tribunal, etc. 10.S5. Contents of the writ. 1036. Proceedinjis in inferior court may be

stayed, or not.

Sec.

]0;-!7. Service of the writ. 103S. The review under tlie writ, extent of.

lO."!!). A defective return of the writ may

be perfected; hearing and judg- ment.

1040. Copy of the Jndsmcnt must be sent

to the inferior tribunal. 1041. Judgment rolls. Section 1031. Writ of review defined.—The writ of certiorari

may be denominated the writ of review.

468
THE CODE OF CIVIL PROCEDURE [T. 4, § 1039 1032. When granted by district court.—A writ of review may be

•rrantecl by the district court, when an inferior tribunal, board, or

officer, exercising judicial functions, has exceeded the jurisdiction of

such tribunal, board, or officer, and there is no appeal, nor, in the

judgment of the court, any plain, speedy, and adequate remedy.

CEOSS-REarERENCES Extent of review on certiorari, see section 1038 of this title. Writ may be madv^ returnalile at any time, see section lUSl or' tliis title. Kules of praolice, see section 101>1 of tliis title.

1033. Application for writ, how made.—The application must be

made on the verified petition of the party beneficiall}^ interested, and

the court ma}- require a notice of the application to be given to the

adverse party, or may grant an order to show cause why it should

not be allowed, or may grant the writ without notice.

1034. The writ to be directed to the inferior tribunal, etc.—The

writ may be directed to the inferior tribunal, board, or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the clerk, if there be one- must return the writ with the transcript required.

1035. Contents of the writ.—The writ of review must command

the party to whom it is directed to certify fully to the district court,

at a specified time and place, a transcript of the record and proceedings (describing or referring to them with convenient certainty),

that the same may be reviewed by the court; and requiring the

party, in the meantime, to desist from further proceedings in the

matter to be reviewed.

1036. Proceedings in inferior court may be stayed, or not.—If a stay of proceedings be not intended, the words reqtiiring the stay

must be omitted from the writ; these words may be inserted or omitted, in the sound discretion of the court, but if omitted, the

power of the inferior court or officer is not suspended or the proceedings stayed.

1037. Service of the writ.—The writ must be served in the same manner as a summons in a civil action, except when otherwise ex- pressly directed by the court. Ckoss-Reference

Service of summons, see sections 165 et seq.. of tliis title.

1038. The review under the writ, extent of.—The review upon

this writ cannot be extended further than to determine whether the

inferior tribunal, board, or officer has regularly pursued the authority of such tribunal, board, or officer. 1039. A defective return of the writ may be perfected ; hearing

and judgment.—If the return of the writ be defective, the court may order a further return to be made. When a full return has

been made, the court must hear the parties, or such of them as

469
T. 4, § 1040] THE CODE OF CIVIL PROCEDURE

may attend for that purpose, and may thereupon give judgment,

either affirming or annulling, or modifying the proceedings below.

Cboss-Refeeence

Hearing of, see section 1081 of this title. 1040. Copy of the judgment must be sent to the inferior

tribunal.—A copy of the judgment, signed by the clerk, must be

transmitted to the inferior tribunal, board, or officer having the

custody of the record or proceedings certified up.

1041. Judgment rolls.—A copy of the judgment, signed by the

clerk, entered upon or attached to the writ and return, constitute the

judgment roll. ARTICLE 2.—WRIT OF MANDATE

Sec. 1051 1052

1053

1054

Sec. 1056. The adverse party may answer under

ontli. 1057. Applicant not precluded by answer

from objection to its sufficiency. 1058. Hearings liy court. 1059. Recovery of damages by applicant. lOGO. Service of the writ. 1061. Penalty for disobedience to the writ.

Mandate defined. When issued by district court. Writ, when and upon what to issue. Writ may be either alternative or peremptory ; substance.

1055. If the application be without notice, the alternative writ may issue, otherwise, the peremptory ; notice and default. 1051. Mandate defined.—The writ of mandamus may be denominated the writ of mandate.

1052. When issued by district court.—It may be issued by the

district court, to any inferior tribunal, corporation, board, or person,

to compel the performance of an act which the law specially enjoins,

as a duty resulting from an office, trust, or station; or to compel

the admission of a party to the use and enjoyment of a right or

office to which he is entitled, and from which he is unlawfully

precluded by such inferior tribunal, corporation, board, or person.

Ceoss-Refeeences

Hearing, etc., nt chambers, see section 27 of this title. Rules of practice, see section 1091 of this title. Returnable, when may be made, see section 1081 of this title. 1053. Writ, when and upon what to issue.—The writ must be

issued in all cases where there is not a plain, speedy, and adequate

remedy, in the ordinary course of law. It must be issued upon the

verified petition of the party beneficially interested.

1054. Writ may be either alternative or peremptory; substance.—The writ may be either alternative or peremptory. The

alternative writ must command the party to whom it is directed

immediately after the receipt of the writ, or at some other specified

time, to do the act required to be performed, or to show cause before

the court at a specified time and place why he has not done so. The

peremptory writ must be in a similar form, except that the words

requiring the party to show cause why he has not done as commanded

must be omitted and a return-day inserted.

1055. If the application be without notice, the alternative writ

may issue, otherwise, the peremptory; notice and default.—When

470
THE CODE OF CIVIL PROCEDURE [T. 4, § 1060

the application to tlie court is made without notice to the adverse

party, and the writ is allowed, the alternative must be first issued:

but if the application is upon due notice and the writ is allowed, the

peremptory may be issued in the first instance. With the alternative writ and also with any notice of an intention to apply for the

writ, there must be served on each person against whom the writ is sought a copy of the petition. The notice of the application, when

given, must be at least ten days. The writ cannot be granted by

default. The case must be heard by the court, whether the adverse

party appears or not. Cross-Refeebnces

Hearing of writ, time of, see section 1081 of this title. Hearing by court, see section 1058 of this title.

1056. The adverse party may answer under oath.—On the

return of the alternative, or the day on which the application for the

writ is noticed, the party on whom the Avrit or notice has been served

may answer the petition under oath, in the same manner as an answer

to a complaint in a civil action.

Cross-Refebence

Answer, see section 221 of this title. 1057. Applicant not precluded by answer from objection to its sufficiency.—On the trial, the applicant is not precluded by the answer from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance.

1058. Hearings by court.—If no answer be made, the case must

be heard on the papers of the applicant.

Ceoss-Refeebnce

Hearing on application, see section 1055 of this title. 1059. Recovery of damages by applicant.—If judgment be given

for the applicant, he may recover the damages which he has sus- tained as may be determined by the court or referee, upon a refer- ence to be ordered, together with costs; and for such damages and

costs an execution may issue; and a peremptory mandate must also

be awarded without delay.

Ceoss-Refekencb

Costs, see sections 1001 et seq., of this title. 1060. Sei^vice of the writ.—The writ must be served in the same manner as a summons in a civil action, except Avhen otherwise ex- pressly directed by order of the court. Service upon a majority of

the members of any board or body, is service upon the board or body,

whether at the time of the service the board or body was in session or not. Ceoss-Referencb

Service of snmmons see sections 165 et seq., of this title.

471
T. 4, § 1061] THE CODE OF CIVIL PROCEDURE

1061. Penalty for disobedience to the writ.—When a peremptory

mandate has been issued and directed to any inferior tribunal, cor- poration, board, or person, if it appear to the court that any member

of such tribunal, corporation, or board, or such person upon whom

the writ has been personally served, has, without just excuse, refused

or neglected to obey the same, the court may, upon motion, impose a

fine of not more than $1,000. In case of persistence in a refusal of

obedience, the court may order the party to be imprisoned until the

writ is obeyed, and may make any orders necessary and proper for

the complete enforcement of the writ.

Cross-Reference

Contempt, generally, see section 1163 of this title. ARTICLE 3.—WRIT OF PROHIBITION

Sec. 1074. Certain provisions of the preceding

article applicable.

Sec. 1071. Writ of prohjiiition defined. 1072. Where and when writ issued. 1073. Writ must be either alternative peremptory ; form of. 1071. Writ of prohibition defined.—The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings

of any tribunal, corporation, board, or person exercising judicial

functions, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person.

Ceoss-Refekence

Mandate, see sections 1051 et seq., of this title. 1072. Where and when writ issued.—It may be issued by the

district court, to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate

remedy in the ordinary course of law. It is issued upon the verified

petition of the person beneficially interested. Ceoss-Reifeieen ces When writ may be granted, see title 3, sections 1^081 et seq. Seal necessary to writ, see section 25 of this title. Limitation of actions, effect of prohibition on, see section 107 of this title. 1073. Writ must be either alternative or peremptory; form of.—

The writ must be either alternative or peremptory. The alternative

writ must command the partj^ to whom it is directed to desist or

refrain from further proceedings in the action or matter specified

therein, until the further order of the district court, and to show

cause before such court, at a specified time and place, why such party

should not be absolutely restrained from any further proceedings in such action or matter. The peremi)tory writ must be in a similar

form, except that the words requiring the party to show cause why

he should not be absolutely restrained, and so forth, must be omitted,

and a return day inserted.

Cross-Reifeeence

Compare section 1054 of this title.

472
THE CODE OF CIVIL PROCEDURE [T. 4, § 1102 1074. Certain provisions of the preceding article applicable.—

The provisions of sections 1055 to 1061 of this title apply to this

proceeding.

ARTICLE 4.—ISSUANCE, RETURN, AND liEAKING

1081. Writs of review, mandate, and prohibition; issuance, re- turn, and hearing.—Writs of review, mandate, and prohibition

issued by the district court, may, in the discretion of the court, be

made returnable, and a hearing thereon be had at any time.

Cross-References

Mandate, hearing of, see sections "Oi" and 1058 of tliis title. Power of judge at chambers, see bo. lion 27 of this title. Review, hearing of, see section 1039 of this title. ARTICLE 5.—RULES OF PRACTICE

1091. Certain preceding chapters applicable.—Except as otherwise provided in this chapter, the provisions of chapters 4 to 16 of

this title are applicble to and constitute the rules of practice in the

proceedings mentioned in this chapter.

Ckoss-Referencb

Rules of practice, see sections 71 et seq., of this title. CHAPTER 19.—SUMMARY PROCEEDINGS

Art. Sec.

1. Confession of judgment without

action 1101

2. Submitting a controversy without

action 1111

3. Discharge of persons imprisoned on civil process 1121

Art. Sec.

4. Summary proceedings for obtaining possession of real property

in certain cases 1141

ARTICLE 1.—CONFESSION OF JUDGMENT WITHOUT ACTION

Sec. 1 Sec. 1103. Filing statement and entering judg- ment.

1104. Flow, in magistrates' courts.

1101. Judgment may be confessed for debt due or contingent liability. 1102. Statement in writing, and '• ..:iij thereof. Section 1101. Judgment may be confessed for debt due or con- tingent liability.—A judgment b} r.-nfession may be entered without action either for money due or to become due, or to secure any

person against contingent liability on behalf of the defendant, or

both, in the manner prescribed by this article. Such judgment may

be entered in any court having jurisdiction for like amounts.

Cross-References

Judgment by confession, in magistrate's court, see sections 791 and 1104 of

this title. • Partner has no power to confess judgment, see title 3, section 1763. 1102. Statement in writing, and form thereof.—A statement in

writing must be made, signed by the defendant and verified by his

oath, to the following effect

1. It must authorize the entry of judgment for a specified sum;

93083—34 31 473
T. 4, § 1103] THE CODE OF CIVIL PROCEDURE

2, If it be for money due, or to become due, it must state concisely

the facts out of which it arose, and show that the sum confessed

therefor is justly due, or to become due;

3. If it be for the purpose of securing the plaintiff against a con- tingent liability, it must state concisely the facts constituting the

liability, and show that the sum confessed therefor does not exceed

the same.

1103. Filing statement and entering judgment.—The statement

must be filed with the clerk of the district court if the judgment

is to be entered in that court, who must indorse upon it, and enter of record, a judgment of such court for the amount confessed, with

$10 costs. The statement and affidavit, with the judgment indorsed,

thereupon becomes the judgment roll. 1104. How, in magistrates' courts.—In a magistrate's court,

where the court has authority to enter the judgment, the statement

may be filed with the magistrate, who must thereupon enter in his

docket a judgment of his court for the amount confessed, with $3

costs. Cboss-Referencb

Magistrate's court, see, also, section 791 of this title. ARTICLE 2.—SUBMITTING A CONTROVERSY WITHOUT ACTION

Sec.

I Sec. 1111. Controversy, how submitted without | 1113. Judgment may be enforced or apaction. pealed from as in an action. 1112. Judgment on, as in other cases, but without costs prior to notice of trial. I 1111. Controversy, how submitted without action.—Parties to a

question in difference, which might be the subject of a civil action,

may, without action, agree upon a case containing the facts upon

which the controversy depends, and present a submission of the same

to any court which would have jurisdiction if an action had been

brought ; but it must appear, by affidavit, that the controversy is real

and the proceedings in good faith, to determine the rights of the

parties. The court must thereupon hear and determine the case, and

render judgment thereon, as if an action were depending.

1112. Judgment on, as in other cases, but without costs prior

to notice of trial.—Judgment must be entered as in other cases, but

without costs for any proceeding prior to the trial. The case, the

submission, and a copy of the judgment constitute the judgment roll. Cbos8-Reference

Judgment roll, see section 547 of this title. 1113. Judgment may be enforced or appealed from as in an

action.—The judgment may be enforced in the same manner as if it had been rendered in an action, and is in the same manner subject

to appeal.

CaOSS-REFEmENCE Enforcement of judgment, see section 585 of this title.

474
THE CODE OP CIVIL PROCEDURE [T. 4, § 1126 ARTICLE 3.—DISCHARGE OF PERSONS IMPRISONED ON CIVIL

PROCESS

Sec. 1121. Persons confined may be discharged.

1122. Notice of application for discharge from prison. 1123. Service of notice. 1124. Examination before Judge. 1125. Interrogatories may be in writing. 1126. Oath to be administered.

1127. Order of di.scbarge. 1128. If not dischaiged, prisoner may again

apply, when.

Sec-. 1129. Discliaige final.

li;'>0. Judgment remains in force. 1131. Plaintiff may order discharge of

prisoner, who shall not thereafter

be liable to imprisonment for the same cause of action. 1132. Plaintiff to advance funds for sup- port of prisoner.

1121. Persons confined may be discharged.—Any person confined

in jail, on an execution issued on a judgment rendered in a civil action, must be discharged therefrom upon the conditions in this

article specified.

Cross-References

Arrest and bail in civil cases, see sections 291 et seq., of tliis title. Vacation of order of arrest, see sections 315 and 316 of this title. 1122. Notice of application for discharge from prison.—Such

person must cause a notice in writing to be given to the plaintitf,

his agent, or attorney, that at a certain time and place he will apply

to the judge of the district court for the purpose of obtaining a dis- charge from his imprisonment.

Ckoss-References

Notices, see sections 941 et seq., of this title. Vacation of order of arrest, see sections 315 and 316 of this title. 1123. Service of notice.—Such notice must be served upon the

plaintiff, his agent, or attorney, one day at least before the hearing

of the application.

Cboss-Re^-ebence

Service of notice, see section 946 of this title. 1124. Examination before judge.—At the time and place specified in the notice, such person must be taken before such judge, who

must examine him under oath concerning his estate and property

and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed; and such judge may also hear any

other legal and pertinent evidence that may be produced by the

debtor or the creditor.

1125. Interrogatories may be in writing.—The plaintiff in the

action may, upon such examination, propose to the prisoner any

interrogatories pertinent to the inquiry, and they must, if required

by him, be proposed and answered in writing, and the answer must

be signed and sworn to by the prisoner.

1126. Oath to be administered.—If, upon the examination, the

judge is satisfied that the prisoner is entitled to his discharge, he

must administer to him the following oath, to wit

I, , do solemnly swear that I have not any

estate, real or personal, to the amount of $50, except such as is

475
T. 4, §1127] THE CODE OF CIVIL PROCEDURE

by law exempted from being taken in execution ; and- that I have

not any other estate now conveyed or concealed, or in any way

disposed of, witli design to secure the same to my use, or to hinder, delay, or defraud m}'- creditors, so help me God.

1127. Order of discharge.—After administering the oath, the

judge must issue an order that the prisoner be discharged from

custod}^, and the officer, upon the service of such order, must dis- charge the prisoner forthwith, if he be imprisoned for no other

cause. Cboss-Refeeences

Vacation of order of arrest, see sections 315 and 316 of this title. Discliarge on order of plaintiff, see section 1131 of this title. 1128. If not discharged, prisoner may again apply, when.—If

such judge does not discliarge the prisoner, he may apply for his

discharge at the end of every succeeding ten days, in the same manner as above provided, and the same proceedings must thereupon

be had,

1129. Discharge final.—The prisoner, after being so discharged,

is forever exempted from arrest or imprisonment for the same debt,

unless he be convicted of having -willfully sworn falsely upon his

examination before the judge, or in taking the oath before prescribed.

Cross-Eefebence

Discharge on order of plaintiff, see section 1131 of this title. 1130. Judgment remains in force.—The judgment against any

prisoner who is discharged remains in full force against any estate which may then or at any time afterward belong to him, and the

plaintiff may take out a new execution against the goods and estate of the prisoner, in like manner as if he had never been committed.

1131. Plaintiff may order discharge of prisoner, who shall not

thereafter be liable to imprisonment for the same cause of

action.—The plaintiff in the action may at any time order the pris- oner to be discharged, and he is not thereafter liable to imprisonment

for the same cause of action.

1132. Plaintiff to advance funds for support of prisoner.—Whenever a person is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor, his agent, or attorney must advance to the jailer, on such commitment, sufficient money for the support of the prisoner for one week, and must make

the like advance for every successive week of his imprisonment; and

in case of failure to do so, the jailer must forthwith discharge such

prisoner from custody, and such discharge has the same effect as if made by order of the creditor.

476
THE CODE OF CIVIL PROCEDURE [T. 4, § 1143 ARTICLE 4.—SUMMARY PROCEEDINGS FOR OBTAINING POSSESSION

OF REAL PROPERTY IN CERTAIN CASES

Sec. 1141. Forcible entry defined.

114i;. Forcible detainer defined.

Ii4;5. Unlawful detainer defined. 1144. Service of notice. 1145. Parties defendant.

114G. Parties gonerall.v. 1147. Complaint, what to contain.

1 148. Summons, form and service of. 1149. Arrest.

M'lO. Judgment by default. 1151. Defendant may appear, etc.

Sec. 1152. Sliowinj; required of plaintiff in forcible entry or detainer ; of defendant. 1153. Complaint must be amended in cer- tain cases ; continuance.

1154. Judgment, what it shall declare. 1155. Effect of an appeal upon the judg- ment.

1156. Rules of practice. 1157. Appeals, how taken, etc. 1158. Relief against forfeiture of lease. 1141. Forcible entry defined.—Every person is guilty of a forcible entry who either

1. By breaking open doors, windows, or other parts of a house, or by an}' kind of violence or circumstance of terror enters upon or

into any real property; or

2. Who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession.

Ckoss-References

Exclusive original jurisdiction of magistrates' courts, see title 7, section 2. Parties defendant, see sections 1145 and 1146 of this title. 1142. Forcible detainer defined.—Every person is guilty of a

forcible detainer who either

1, By force, or by menaces and threats of violence, unlawfully

holds and keeps the posses.sion of any real property, whether the same was acquired peaceably or otherwise ; or

2. Who, in the nighttime, or during the absence of the occupant

of any lands, unlawfully enters upon real property, and who, after

demand made for the surrender thereof, for the period of five days,

refuses to surrender the same to such former occupant.

The occupant of real property, within the meaning of this article,

is one who. within five days preceding such unlawful entrj^, was in

the peaceable and undisturbed possession of such lands.

1143. Unlawful detainer defined.—A tenant of real property, for

a term less than life, is guilty of unlawful detainer

1. When he continues in possession, in person or by subtenant,

of the property, or any part thereof, after the expiration of the

term for which it is let to him, without the permission of his landlord, or the successor in estate of his landlord, if any there be ; but

in case of a tenancy at will it must first be terminated by notice, as prescribed in Title 3, The Civil Code.

2. When he continue,s in possession, in person or by subtenant,

without the permission of his landlord, or the successor in estate of his landlord, if any there be, after default in the payment of rent,

pursuant to the lease or agreement under which the property is held, and three days' notice, in writing, requiring its payment stat- ing the amount which is due, or possession of the property, shall have

been served upon him and if there is a subtenant in actual occupation of the premises, also upon such subtenant.

Such notice may be served at any time within one year after the

rent becomes due.

477
T. 4, §1144] THE CODE OF CIVIL PROCEDURE

8. When he continues in posses,sion, in person or by subtenant,

after a neglect or faihire to perform other conditions or covenants

of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days' notice, in writing, requiring the per- formance of such conditions or covenants, or the possession of the

property, shall have been served upon him, and if there is a subtenant in actual occupation of the premises, also, upon such subtenant. Within three daj's after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may

perform the condition,s or covenants of the lease or pay the stipulated rent, as the case maj'- be, and thereby save the lease from for- feiture : Provided, That if the conditions and covenants of the lease,

violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to said lessee or his subtenant,

demanding the performance of the violated conditions or covenants

of the lease. A tenant may take proceedings, similar to those prescribed in this

article, to obtain possession of the premises let to a subtenant, in case of his unlawful detention of the premises underlet to him.

4. Any tenant or subtenant assigning or subletting or committing

waste upon the demised premises, contrary to the conditions or cove- nants of his lease, thereby terminates the lease, and the landlord, or

his successor in estate, shall upon service of three days' notice to quit upon the person or persons in possession, be entitled to restitution of possession of such demised premises under the provisions of

this article. 1144. Service of notice.—The notices required by the next preceding section may be served, either

1. By delivering a copy to the tenant personally; or

2. If he be absent from his place of residence, and from his usual

place of business, by leaving a copy with some person of suitable age

and discretion at either place, and sending a copy through the mail

addressed to the tenant at his place of residence ; or

3. If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then

by affixing a copy in a conspicuous place on the property, and also delivering a cojDy to a person there residing, if such person can be

found; and also sending a copy through the mail addressed to the

tenant at the place where the property is situated. Service upon a

subtenant may be made in the same manner.

1145. Parties defendant.—No person other than the tenant of the

premises and subtenant, if there be one, in the actual occu})ation of

the premises when the complaint is filed, need be made parties defendant in the proceeding, nor shall an}^ proceeding abate, nor the

plaintiff be nonsuited for the nonjoinder of any person who might

have been made party defendant, but when it appears that any of

the parties served with process, or appearing in the proceeding, are guilty of the offense charged, judgment must be rendered against

him. In case a defendant has become a subtenant of the premises in

478
THE CODE OF CIVIL PROCEDURE [T. 4, § 1150

controversy after the service of the notice provided for by part 2

of section 1143 of this title upon the tenant of the premises, the tact that such notice Avas not served on each subtenant shall constitute no defense to the action.

In case a married woman be a tenant, or a subtenant, her coverture

shall constitute no defense; but in case her husband be not joined, or

unless she be doing business as a sole trader, an execution issued upon

a personal judgment against her can only be enforced against property on the premises at the commencement of the action.

All persons who enter the premises under the tenant, after the

commencement of the suit, shall be bound by the judgment, the same as if he or they had been made party to the action.

1146. Parties generally.—Except as provided in the next preceding section, the provisions of sections 121 to 145 of this title, relating

to ^parties to civil actions, are applicable to this proceeding.

1147. Complaint, what to contain.—The plaintiff in his complaint, which shall be verified, must set forth the facts on which he

seeks to recover, and describe the premises with reasonable certainty,

and may set forth therein any circumstances of fraud, force, or

violence, which may have accompanied the alleged forcible entry

or forcible or unlawful detainer, and claim damages therefor. In

case the unlawful detainer charged is after default m the payment

of rent, the complaint must state the amount of such rent. Upon

filing the complaint, a summons must be issued thereon.

Cross-Refekence

Damages, see section 1154 of this title.

1148. Summons, form and service of.—The summons must re- quire the defendant to appear and answer within three days after

the service of the summons upon him, and must notify him that if he fails to so appear and answer, the plaintiff will apply to the court

for the relief demanded in the complaint. In all other respects the

summons, or any alias summons in such proceedings, must be issued

and served and "returned in the same manner as summons in a civil action.

1149. Arrest.—If the complaint presented establishes, to the satis- faction of the magistrate, fraud, force, or violence, in the entry or

detainer, and that the possession held is unlawful, he may make an

order for the arrest of the defendant.

Cross-Refekence

Arrest, generally, see sections 731 et seq., of this title.

1150. Judgment by default.—If, at the time appointed, the defendant do not appear and defend, the court must enter his default

and render judgment in favor of the plaintiff as prayed for in the

complaint.

CrOSS-RE!FEEIENCE Judgment by default, see sections 761 and 762 of this title.

479
T. 4, §1151] THE CODE OF CIVIL PROCEDURE

1151. Defendant may appear, etc.—On or before the day fixed

for his appearance, the defendant may appear and answer or demur.

CltOSS-REFEBENCES Appearance, generally, see section 945 of this title. Demurrer, generally, see sections 714 et seq., of this title. 1152. Shov/ing required of plaintiff in forcible entry or detainer;

of defendant.—On the trial of any proceeding for any forcible entry

or forcible detainer, the plaintiff shall only be required to show, in

addition to the forcible entry or forcible detainer complained of,

that he was peaceably in the actual possession at the time of the

forcible entry, or was entitled to the possession at the time of the

forcible detainer. Tlie defendant may show in his defense that he

or his ancestors, or those whose interest in such premises he claims,

have been in the quiet possession thereof for the space of one whole

year together next before the commencement of the proceedings, and

that his interest therein is not then ended or determined; and such

showing is a bar to the proceedings.

CRoss-RrnrEBExcE

Practice, see section lloG of this title. 1153. Complaint must be amended in certain cases; continuance.—When, upon the trial of any proceeding under this article,

it appears from the evidence that the defendant has been guilty of

either a forcible entry or a forcible or unlawful detainer, and other

than the offense charged in the complaint, the magistrate must order

that such complaint be forthwith amended to conform to such

proofs; such amendment must be made without any imposition of terms. No continuance shall be permitted upon account of such

amendment unless the defendant, by affidavit filed, shows to the

satisfaction of the court good cause therefor.

Cross-Re!feeences Amendment of pleadings, generally, see section 7i'0 of tliis title. Continuance, generally, see section 772 or" tliis title. 1154. Judgment, what it shall declare.—If upon the trial the

finding of the court be in favor of the plaintiff' and against the

defendant, judgment shall be entered for the restitution of the premises ; and if the proceedings be for an unlawful detainer after neglect or failure to perform the conditions or covenants of the lease or agreement under which the property is held, or after default in the

payment of rent, the judgment shall also declare the forfeiture of

such lease or agreement.

Assessment of daim.vges.—The court shall also assess the damages

occasioned to the plaintiff by any forcible entr3% or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial,

and find the amount of any rent due, if the alleged unlawfid detainer

be after default in the payment of rent. Judgment against the defendant guilty of the forcible entry, or forcible or unlawful detainer,

may be entered in the discretion of the court either for the amount

480
Till-: CODE OF CIVIL PROCEDURE [T. 4, § H^iS

of the (lanifioos and rent fouiicl duo, or for throe times the iimount

so found.

Execution.—When the proceeding is for an unhiwfiil detainer

after default in the payment of rent, and the lease or agreement

under ^Yhich the rent is payable has not by its terms expired, execution upon the judgment shall not be issued until the expiration of

five days after the entry of the judgment, within which time the

tenant, or any subtenant, or any mortgagee of the term, or any

other party interested in its continuance, may pay into court, for

the landlord, the amount found due as rent, with interest thereon,

and the amount of the damages found b}^ the court for the unlawful detainer, and the costs of the proceedings, and thereupon the

judgment shall be satisfied and the tenant be restored to his estate. Satisfaction of judgment.—But if payment as here provided be

not made within five days, the judgment may be enforced for its full amount, and for the possession of the premises. In all other cases the judgment may be enforced immediately.

Cross-References

Stay of execution, see section 812 of this title. Relief from forfeiture, see section 1158 of this title. 1155. Effect of an appeal upon the judgment.—An appeal taken

by the defendant shall not stay proceedings upon the judgment unless

the magistrate before whom the same was rendered so directs.

Cross-Refebence

Appeals, see sections 881 et seq., of this title. 1156. Rules of practice.—Except as otherwise provided in this

article the provisions of chapters 4 to 16 of this title are applicable

to, and constitute the rules of practice in the proceedings mentioned

in this article. Cboss-Referekce

Rules of practice, see sections 71 et scq., of this title. 1157. Appeals, how taken, etc.—The provisions of sections 881

to 891 of this title, relative to appeals, except in so far as they are

inconsistent with the provisions of this article, apply to the proceedings mentioned in this article. Cross-Reference

Appeals, see sections 881 et seq., of this title. 1158. Relief against forfeiture of lease.

The court may relieve

a tenant against a forfeiture of a lease, and restore him to his former

estate, in case of hardship, where application for such relief is made

within thirty days after the forfeiture is declared by the judgment

of the court, as provided in section 1154 of this title. The application may be made by a tenant or subtenant, or a mortgagee of the

term, or any person interested in the continuance of the term. It must be made upon petition, setting forth the facts upon which the

relief is sought, and be verified by the applicant. Notice of the

481
T, 4, § 1161] TEE CODE OF CIVIL PROCEDURE

application, with a copy of the petition, must be served on the plaintiff in the judgment, who may appear and contest the application.

In no case shall the application be granted except on condition that

full payment of rent due, or full performance of conditions or covenants stipulated, so far as the same is practicable, be made.

Cboss-Refeeb2sces

Strict construction of conditions involving forfeiture, see title 3, section 699. Letter may forfeit hiring when, see title 3, sections 1276 and 1277.

Specific or preventive relief not granted to enforce forfeiture, see title 3, section 2684. Right to relief from forfeiture on making full compensation, see title 3. section 2612. CHAPTER 20.—CONTEMPTS

Sec. 116S. Bail bond, form and conditions of. 1169. Officer must return warrant and un- dertaking, if any.

1170. Hearing.

1171. Judgment and punishment, if guilty. 1172. If the contempt is the omission to perform any act, the person may

be imprisoned until performance.

1173. If a party fail to appear, proceedings. 1174. Illness sufficient cause for nonappearance of party arrested ; conflne- ment under arrests for contempt.

Sec. 1161. What contempt of court may be punished summarily.

1162. Order adjudging guilt under preceding section. 1163. What other acts are contempts of

court. 1164. Affidavit of facts constituting con- tempt.

1165. A warrant of attachment may issue, or a notice to show cause. 1166. Bail may be given by a person ar- rested under such warrant.

1167. Marshal or constable must, upon ex- ecuting the warrant, arrest and

detain the person until discharged.

Section 1161. What contempt of court may be punished summarily.—A person guilty of misbehavior in the presence of or so near a court, judge, or magistrate as to obstruct the administration

of justice, including the refusal of a person present in court to be sworn as a witness or to answer as a witness when lawfully required,

shall be guilty of contempt, which the court may punish summarity.

by imprisonment in jail for not more than ten days, or by a fine of

not more than $100, or by both.

Cross-references

Powers of courts, see sections 23, 31, and 32 of this title. Misbehavior of attorney, see section 52 of this title. Disobedience of witness, see sections 2046 to 2049 of this title. 1162. Order adjudging- guilt under preceding section.—When a contempt under the next preceding section is committed, an order

must be made, reciting the facts as occurring in such presence or

proximitj^, adjudging that the person proceeded against is thereby

guilty of a contempt, and that he be punished as therein prescribed. Cross-Refb:rences Disobedience of citation in matters of probate, see sections 1415, 1453, and

1454 of this title. Disobedience of witness, see sections 204G to 20^19 of this title. Disobedience of mandate, see section 1061 of this title. Refusal to obey order for inspection of writings, see section 921 of this title. Officer taking proof of instrument may punisli for contempt, see title 3, section 507. Misbehavior of attorney, see section 52 of this title.
TEE CODE OF CIVIL PROCEDURE [T. 4, § 1168

1163. What other acts are contempts of court.—A person guilty

of any of the following acts may be punished as for contempt:

1. Disobedience of or resistance to a lawful writ, process, order,

judgment, or command of the district or a magistrate's court, or injunction granted by the district court or judge;

2. Misbehavior of an officer of a court in the performance of his

official duties, or in his official transactions;

8. A failure to obey a subpena dul}^ served

4. The rescue, or attempted rescue of a person or property in the

custody of an officer by virtue of an order or process of a court held

by him.

1164. Affidavit of facts constituting contempt.—When a con- tempt under the next preceding section is committed, an affidavit shall be presented to the court, judge, or magistrate of the facts constituting the contempt,

1165. A warrant of attachment may issue, or a notice to show

cause.—When a contempt under section 1163 of this title is committed, a warrant of attachment may be issued to bring the person

charged to answer, or, without a previous arrest, a warrant of com- mitment may, upon notice, or upon an order to show cause, be

granted ; and no warrant of commitment can be issued without sucli previous attachment to answer, or such notice or order to show cause. Cross-Refbeence

Service of papers in proceedings for contempt, see sections 946 and 947 of

this title. 1166. Bail may be given by a person arrested under such warI'ant.—Whenever a warrant of attachment is issued, pursuant to this

chapter, the court, judge, or magistrate must direct, by an indorsement on such warrant, that the person charged may be let to bail for

his appearance, in an amount to be specified in such indorsement.

Cross-Eeferbnce

Form and condition of bail bond, see section 1168 of this title. 1167. Marshal or constable must, upon executing the warrant,

arrest and detain the person until discharged.—Upon executing

the warrant of attachment, the marshal or constable must keep the

person in custody, bring him before the court, judge, or magistrate

and detain him until an order be made in the premises,^ unless the

person arrested entitle himself to be discharged, as provided in the

section next following.

1168. Bail bond, form and conditions of.—When a direction to let the person arrested to bail is contained in the warrant of attachment,

or indorsed 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 sufficient sureties, to the effect that the person arrested will appear on the return

of the warrant and abide the order of the court, judge, or magistrate

thereupon ; or they will pay as may be directed, the sum specified in

the warrant.

483
T. 4, § 1169] THE CODE OF CIVIL PROCEDURE

1169. OfiBcer 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 siDecified therein.

1170. Hearing.—When the person arrested has been brought up

or appeared, the court, judge, or magistrate 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. 1171. Judgment and punishment, if guilty.—The court shall determine whether the accused is guilty of contempt, and, if he is adjudged guilty, he may be hned not more than $100, or imprisoned

for not more than ten days, or both. If the contempt consists in the

violation of an injunction, the person guilty of such contempt may

also be ordered to make complete restitution to the party injured by

such violation.

1172. If the contempt is the 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 has per- formed it, and in that case the act must be specified in the warrant

of commitment.

Cross-Rf;ference Executor or administrator, contempt, soe section 1415 of this title. 1173. If a party fail to appear, proceedings.—When the warrant

of arrest has been returned served, if the person arrested do not appear on the return day, the court, judge, or magistrate 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 Avas issued, and the costs of the proceeding.

1174. Illness sufficient cause for nonappearance of party ar- rested; confinement under arrests for contempt.—Whenever, by

the provisions of this chapter, an officer is required to keep a person

arrested on a warrant of attachment in custody, and to bring him

before a court, judge, or magistrate, 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 jail, or otherwise restrain him of personal liberty,

except so far as may be necessary to secure his personal attendance.

CHAPTER 21.—ESCHEAT OF PROPERTY

Spc. 1181. When property escheats. 1182. Action to determine right of United

States to escheated property. 1183. Appearance, pleadings, and judg- ment.

Sec. 1184. Claim to esrhoatod property. 1185. Proceeds of property to be

into Treasury.

covered

Section 1181. When property escheats.—If an intestate dec edent

leaves no husband, wife, or kindred, and there are no heirs to

484
THE CODE OF CIVIL PROCEDURE [T. 4, § 1182

take his estate or any portion thereof, under subdivision 8 of section

633 of title 3, or if any person dies leaving any property in his

estate not disposed of by will, and there are no persons entitled to succeed thereto under the laws of the Canal Zone, the same shall

escheat to the United States.Cboss-Referknces

When property escheats, see also title 3, section 633. Unclaimed property taken by succession by alien escheats, see title 3, sections

2G3, (551. Money deposited with collector to pay ohiini a,t;ainst decedent, see section 1494 of 'this title. Failure of heirs to appear, as basis for jucTcrmeut on behalf of United States, see section 11S2 of this title. 1182. Action to determine light of United States to escheated

property.—Whenever the district attorney is informed that any

estate has escheated or is about to esclioat to the United States or that

the property involved in an}^ action or special proceeding has es- cheated or is about to escheat to the United States, he may commence

an action on behalf of the United States to determine its rights to said property or may intervene on its behalf in any action or special

proceeding affecting any such estate and contest the rights of any

claimant or claimants thereto. Such action shall be commenced bj^

filing a petition.

Description of property.—There shall be set forth in such petition

a description of the property, the name of the person last possessed

thereof, the name of the person, if any, claiming such property, or any portion thereof, and the facts and circumstances by virtue of

which it is claimed the property has escheated.

Order requiring interested parties to appear.—Upon the filing

of such petition, the court must make an order requiring all per- sons interested in the estate to appear and show cause, if any there

be, within sixty days from the date of the order, why such estate should not vest in the United States. Notice of such order must

be given by posting in three public places in the Canal Zone for

four successive weeks prior to the date set for the hearing. Upon

the giving of such notice the court shall have full and complete

jurisdiction over the estate, the property, and the person of every- one having or claiming any interest in the said property, and shall

have full and complete jurisdiction to hear and determine the

issues therein, and render the appropriate judgment thereon.

Custody of such property.—The property in such estates shall, in

the discretion of the court, be sold in the manner provided in chapters

23 to 36 of this title for the sale of property of a decedent's estate, and the proceeds deposited with the collector of the Panama Canal,

to be held for a period of five years from the date of the judgment

under section 1183 of this title. Joinder of parties and actions.—In any proceeding brought by

the district attorney under this chapter any two or more causes of

action may be joined in the same proceeding and in the same petition without being separately stated, and it shall be sufficient to allege

in the petition thafe the decedent left no heirs to take the estate and

the failure of the heirs to appear and set up their claims in any such

485
T. 4, § 1183] THE CODE OF CIVIL PROCEDURE

proceeding, or in anj'^ proceeding for the administration of such

estate, shall be sufficient proof upon which to base the judgment in

any such proceeding or such decree of distribution.

1183. Appearance, pleadings, and judgment,—All persons named

in the petition may appear and answer, and traverse or deny the

facts stated therein at any time before the time for answering expires, and any other person claiming an interest in such estate may

appear and be made a defendant, by motion for that purpose in

open court within the time alloAved for answering, and if no such

person appears and answers within the time, then judgment must be

rendered that the United States is the owner of the property in such

petition claimed;

But if any person appears and denies the title set up by the United

States, or traverses any material fact set forth in the petition, the

issue of fact must be tried as issues of fact are tried in civil actions.

If, after the issues are tried, it appears from the facts found or admitted that the United States has good title to the property in

the petition mentioned, or any part thereof, judgment must be ren- dered that the United States is the owner and entitled to the posses- sion thereof.

Cross-references

Appearance, see section 945 of tbis title. Answer, see section 221 of this title. Jud,e:nient, see sections 421 and 541 of this title. Trial, see sections 441 et seq., of this title. Issues of fact, see section 433 of this title. 1184. Claim to escheated property.—Within five years after

judgment in any proceeding had under this chapter, a person not a party or privy to such proceeding may file a petition in the district

court, showing his claim or right to the property, or the proceeds

thereof.

Said petition shall be verified, and, among other things, must state the full name and the place and date oi birth of the decedent

whether or not such decedent was ever married, and if so, where,

when, and to whom; how, when, and where such marriage, if any, was dissolved ; whether or not said decedent was ever remarried, and,

if so, where, when, and to whom; the full names and the dates of

birth of lineal descendants and ascendants and of all other known

heirs, and the names and places of residence of all who are then sur- viving; and such other information as may be required by the court. If for any reason the petitioner is unable to set forth any of the

matters or things hereinabove required, he shall clearly state such

reason in his petition.

A copy of such petition must be served on the district attorney at

least twenty days before the hearing of the petition, who must

answer the same

And the court must thereuix)n try the issue as issues are tried in

civil actions, and if it is determined that such person is entitled to the property, or the proceeds thereof, it must order the property, if

it has not been sold, to be delivered to him, or if it has been sold

and the proceeds paid to the collector of the Panama Canal, then it must order the collector to pay the same.

4S6
THE CODE OF CIVIL PROCEDURE [T. 4, § 1193 All persons who fail to appear and file their petitions within the

time limited are forever barred.

Cross-Refebence

Disabilities affecting statute of limitations, see section 103 of tliis title.

1185. Proceeds of property to be covered into Treasury.—If no

claim to the property or the proceeds thereof is filed within the time

specified in the next preceding section, the court may, on application of the district attorney, direct that the proceeds be covered

into the Treasury of the United States as miscellaneous receipts.

CHAPTER 22.—CHANGE OF NAMES

Sec. 1191. Jurisdiction. 1192. Application to change name, made to

di.strict court.

See. 1193. Order to show cause; publication of oMer ; proof of publication.

Section 1191. Jurisdiction.—Applications for change of names

must be heard and determined by the district court. Ckoss-Refebence

Change of name of partnership as notice of dissolution, see title 3, section 1796, 1192. Application to change name, made to district court.—All

applications for change of names must be made to the division of

the district court where the person whose name is proposed to be

changed resides, by petition, signed by such person; and if such

person is under twenty-one years of age, if a male, and under eighteen

years of age, if a female, hy one of the parents, if living, or if both

be dead, then by the guardian ; and if there be no guardian, then by some near relative or friend.

The petition must specify the place of birth and residence of such

person, his or her present name, the name proposed, and the reason

tor such change of name, and must, if the father of such person be

not living, name, so far as knoAvn to the petitioner, the near relatives

of such person, and their places of residence.

1193. Order to show cause; publication of order; proof of publication.—Upon the filing of the said petition the court shall thereupon make an order reciting the filing of the application, the name

of the person by whom it is filed and the name proposed, and di- recting all persons interested in said matter to appear before the

court, at a time and place specified, not less than four or more than

eight weeks from the time of making such order, to show cause why

the application for change of name should not be granted. A copy

of the order to show cause shall be posted by the clerk of the court

in three of the most public places in the division in which the court

is held, for a period of four successive weeks. Proof must be made

to the satisfaction of the court, of such posting, at the time of the

hearing of the application.

487
T. 4, §1201] THE CODE OF CIVIL PROCEDURE

CHAPTER 23.

Sec.

-JURISDICTION OF DISTRICT COURT OVER ESTATES

OF DECEDENTS

1201. Jurisdiction of district court over the

estate.

I Sec. 1202. Wlitn jurisdiction of district court over estate decided by first application. Section 1201. Jurisdiction of district court over the estate.—

AVills must be proved, and letters testamentary or of administration

granted

1. In the division of the district court of which the decedent was

a resident at the time of his death, in whatever place he may have

died

2. In the division in which the decedent may have died, leaving

estate therein, he not being a resident of the Canal Zone;

3. In the division in which any part of the estate may be, the

decedent having died out of the Canal Zone, and not having been a resident thereot at the time of his death

4. In the division in which any part of the estate may be, the

decedent not being a resident of the Canal Zone, and not leaving

estate in the division in which he died

5. In all other cases, in the division where application for letters

is first made

Provided, however, That all matters of probate handled by the

public administrator may be conducted in the Balboa division,

regardless of the residence of the decedent or the location of the

estate. 1202. When jurisdiction of district court over estate decided by

first application.—Wlien the estate of the decedent is in more than one division, he having died out of the Canal Zone, and not having

been a resident thereof at the time of his death, or being such nonresident, and dying within the Canal Zone, and not leaving estate in the division where he died, the division of the district court

in which application is first made, for letters testamentary or of administration, has exclusive jurisdiction of the settlement of the estate. CHAPTER 24.—PROBATE OF WILLS

Art. Sec.

1. Petition, notice and proof 1211

2. Contesting probate of will 1281

3. Probate of foreign wills 1:'41

Art. Sec.

4. Conte.sting will after probate 1251

.5. Probate of lost or destroyed will- 1261

6. Probate of nuncupative will 1271 ARTICLE 1.—PETITION, NOTICE AND PROOF

Sec. 1211. Custodian of will to deliver same to whom ; penalty. 1212. Who may petition for probnte of

will. 1213. What petition for prohate of will must sbow.

1214. When executor forfeits right to let- ters. 1215. Possession of will by third person ; production of. 1216. Notice of petition for probate of

wills, how given. 1217. Notlflcatiou of time for probate of

will.

Sec. 1218. Order to enforce production of wills or attendance of witnesses.

1219. Hearing proof of will after proof of

service of notice. 1220. Who may appear and contest the

will. 1221. Probate of wills not contested. 1222. Clerk's record. 1223. Olographic wills. 1224. Probate of will detained outside Canal Zone.

Section 1211. Custodian of will to deliver same to whom; penalty.—Every custodian of a will, within thirty days after receipt of

488
THE CODE OF CIVIL PROCEDURE [T. 4, § 1215 information that the maker thereof is dead, must deliver the same

to the division of the district court having jurisdiction oi' the estate, or to the executor named therein. A failure to comply with the

provisions of this section makes the person failing responsible for

all damages sustained by anyone injured thereby.

CROSa-REFEKENCE Commitment for failure to produce will, see section 1215 of this title. 1212. Who may petition for probate of will.—Any executor, devisee, or legatee named in any will, or any other person interested

in the estate, may, at any time after the death of the testator, petition

the division of the court having jurisdiction to have the will proved,

whether the same be in writing, in his possession or not, or is lost or

destroyed, or beyond the jurisdiction of the Canal Zone, or a nuncupative will. CROSS-ReFEPvENCES Probate of foreign wills, see sections 1241 et seq., of this title. Probate of lost or destroyed will, see sections 1261 et seq., of this title. Probate of foreign wills, see sections 1241 et seq.. of this title. 1213. What petition for probate of will must show.—A petition

for the probate of a will must show

1. The jurisdictional facts;

2. Whether the person named as executor consents to act, or renounces his right to letters testamentary;

3. The names, ages, and residences of the heirs, legatees, and

deAdsees of the decedent, so far as known to the petitioner;

4. The probable value and character of the property of the estate;

5. The name of the person for whom letters testamentary are prayed.

No defect of form or in the statement of jurisdictional facts

actually existing, shall make void the probate of a will. CROSS-REFEIiENCES

Probate of foreign wills, see sections 1241 et seq., of this title. Probate of lost or destroyed will, see sections 1261 et seq., of this title. Probate of nuncupative will, see sections 1271 et seq., of this title. 1214. When executor forfeits right to letters.—If the person

named in a will as executor, for thirty days after he has Icnowledge

of the death of the testator, and that he is named as executor, fails to petition the proper division of the court for the probate of the

will, and that letters testamentary be issued to him, he msij be held

to have renounced his right to letters, and the court may appoint

any other competent person administrator, unless good cause for

delay is shown.

Cross REtFERENCE

Failure to apply for letters or qualify, see section 1284 of this title. 1215. Possession of will by third person; production of.—If it is alleged in any petition that any will is in the possession of a third

person, and the court is satisfied that the allegation is correct, an

order must be issued and served upon the person having possession

93083—34 32 489
T. 4, §1216] THE CODE OF CIVIL PROCEDURE

of the will, requiring him to produce it at a time named in the order.

If he has possession of the will and neglects or refuses to produce it in obedience to the order, he may by warrant from the court be committed to jail, and be kept in close confinement until he produces it. Cboss-Refeeences

Probate orders and citations, see sections 1681 to 1687 of this title. Imprisonment until order obeyed, see section 1172 of this title. Duty to produce will, see section 1211 of this title. 1216. Notice of petition for probate of wills, how given.—When

the petition is filed, and the will produced, the clerk of the court must

set the petition for hearing by the court upon some day not less than

ten nor more than thirty days from the production of the will. Notice of the hearing shall be given by such clerk by publishing the same in a newspaper of general circulation in the Canal Zone. If

the notice is published in a weekly newspaper, it must appear therein on at least three different days of publication ; and if in a newspaper

published oftener than once a week, it shall be so published that there

must be at least ten days from the first to the last day of publication,

both the first and the last day being included.

Cross-references

Publication of notice, see section 1682 of this title. Proof of notice, see section 1219 of this title. Affidavit of publication, see sections 2072 and 2073 of this title. 1217. Notification of time for probate of will.—Copies of the

notice of the time appointed for the probate of the will must be

addressed to the heirs of the testator and the devisees and legatees

named in the will at their places of residence, if known to the petitioner, and deposited in the post office, at least ten days before the

hearing. If their places of residence be not known, the copies of

notice may be addressed to them, and deposited in the post office at the place where the proceedings are pending. A copy of the same

notice must in like manner be mailed to the person named as executor,

if he be not the petitioner; also, to any person named as coexecutor

not petitioning, if their places of residence be known. Proof of mailing the copies of the notice must be made at the hearing. Personal

service of copies of the notice at least ten days before the day of

hearing is equivalent to mailing.

1218. Order to enforce production of wills or attendance of witnesses.—The judge of the district court may at any time make and

issue all necessary orders and writs to enforce the production of wills

and the attendance of witnesses.

Cross-references

Probate powers at chambers, see sections 27 and 30 of this title ; anil title 7, section 31. Probate orders and processes, see sections 1681 et seq., of this title. 1219. Hearing proof of will after proof of service of notice.—At

the time appointed for the hearing, or the time to which the hearing

may have been postponed, the court, unless the parties appear, must

4U0
THE CODE OF CIVIL PROCEDURE [T. 4, § 1224

require proof that the notice has been given, which being made, the

court must hear testimony in proof of the will. CbOSS-ReFEBETVCE Testimony iu proof of will, see sections 1221, 1223, 1234, and 1235 of this title. 1220. Who may appear and contest the will.—Any person interested may appear and contest the will. Devisees, legatees, or heirs

of an estate may contest the will through their guardians, or attor- neys appointed by themselves or by the court for that purpose; but

a contest made by an attorney appointed by the court does not bar

a contest after probate by the party so represented, if commenced

within the time provided in section 1251 of this title; nor does the

nonappointment of an attorney by the court of itself invalidate the

probate of a will. CBOSS-REjFEREN CES

Contest, see sections 1231 et seq., of this title. Guardians, see sections 127, 128, and 1721 et seq., of this title. 1221. Probate of wills not contested.—If no person appears to

contest the probate of a will, the court may admit it to probate on

the testimony of one of the subscribing witnesses only, if he testifies that the will was executed in all particulars as required by law, and

that the testator was of sound mind at the time of its execution. If it appears at the time fixed for the hearing that none of the subscribing

witnesses reside in the Canal Zone, but that the deposition of one of

them can be taken elsewhere, the court may direct it to be taken, and

may authorize a photographic copy of the will to be made and to be

presented to such witness on his examination, who may be asked the same questions with respect to it and the handwriting of himself, the

testator, and the other witness, as would be pertinent and competent

if the original will were present. If neither the attendance in court nor the deposition of any of the subscribing witnesses can be procured, the court may admit the will to probate upon the testimony of

any other witness as provided in section 1234 of this title. CROSS-ReFEIBBNCES

Writings, how proved, see section 1972 of this title. Contest, see sections 1231 et seq., of this title. 1222. Clerk's record.—When the court admits a will to probate

it must be recorded in the minutes by the clerk, with the notation

"Admitted to probate (giving date)."

122.3. Olographic wills.—An olographic will may be proved in

the same manner that other private writings are proved.

Cross-Refebencb

Private writings, how proved, see section 1972 of this title. 1224. Probate of will detained outside Canal Zone.—If it is alleged in any petition that any will of any person who at the time

of his death was a resident of the Canal Zone is detained beyond the

jurisdiction of the Zone, in a court of any State or foreign country,

4di
T. 4, §1231] THE CODE OF CIVIL PROCEDURE

and that such will cannot be produced for probate in the Zone, and

the court is satisfied that the allegations are true, a copy of the will

duly authenticated may be proved, allowed, and admitted to probate

in the Zone in lieu of the original will, and have the same force and

effect as the original will. The same proof shall be required in order

to admit the will to probate in the Zone as would be required under

the provisions of this chapter if the original will were produced.

The court may authorize a photographic copy of the will to be

presented to the subscribing witness upon his examination in court, or by deposition as provided in section 1221 of this title, and such

witness may be asked the same questions with respect to it, and the

handwriting of himself, the testator, and the other witness, as would

be pertinent and competent if the original will were present.

ARTICLE 2.—CONTESTING PROBATE OF WILL

Sec. 1231.

1232.

1233.

1234.

Contestants to file grounds of contest, and petitioner to reply. How jury obtained and trial had. Verdict of the jury ; judgment.

Witnesses, who and how many to he examined ; proof of handwriting

admitted, when.

Sec. 1235. Testimony reduced to writing for future evidence.

3 236. If proved, certificate to he attained.

1237. Will and proof to be filed and re- corded.

1231. Contestant to file grounds of contest, and petitioner to

reply.—If anyone appears to contest the will, he must file written

grounds of opposition to the probate thereof, and serve a copy on

the petitioner and other residents of the Canal Zone interested in thv

estate, any one or more of whom may demur thereto, upon any of

the grounds of demurrer provided for in sections 211 to 215 of this

title. If the demurrer is sustained, the court must allow the contestant a reasonable time, not exceeding ten daj^s, within Avhich to amend his written opposition. If the demurrer is overruled, the

petitioner and others interested may jointly or separately answer

the contestant's grounds, traversing, or otherwise obviating or avoiding the objections. Any issues of fact thus raised, involving:

1. The competency of the decedent to make a last will and

testament

2. The freedom of the decedent at the time of the execution of

the will from duress, menace, fraud, or undue influence

3. The due execution and attestation of the Avill b}'' the decedent

or subscribing witnesses ; or

4. Any other questions substantially affecting the validity of the

will;

Must, on request of either party in writing (filed at least ten days prior to the day set for the hearing), be tried by a jury. If no jury is demanded, the court must try and determine the issues

joined. On the trial, the contestant is plaintiff' and the petitioner

is defendant.

Cross-Rei'erbnces

Contestant, see section 1220 of this title. Contest after prol)ate, see sections 1220 and 1251 et scq., of this title. Grounds of demurrer, see sections 211 to 215 of this title. Service, etc., see sections 941 et seq., of this title.

492
THE CODE OF CIVIL PROCEDURE [T. 4, § 1236

1232. How jury obtained and trial had.—When a jury is demanded, the district court must impanel a jury to try the case, in

the manner provided for impaneling trial juries in said court, and

the trial must be conducted in accordance with the provisions of

sections 441 to 486 of this title. A trial by the court must be con- ducted as provided in sections 501 to 504 of this title. Cross-Reference

Impaneling trial juries, see sections 451 to 454 of this title. 1233. Verdict of the jury; judgment.—The jury, after hearing

the case, must return a special verdict upon the issues submitted to them by the court, upon which the judgment of the court must be

rendered, either admitting the will to probate or rejecting it. In

either case, the proofs of the subscribing witnesses must be reduced

to writing. If the will is admitted to probate, the judgment, will,

and proofs must be recorded.

Ceoss-Rejterences

Verdict, generally, see sections 481 to 485 of this title. Proofs reduced to writing, see section 1235 of this title. 1234. Witnesses, who and how many to be examined; proof of

handwriting admitted, when.—If the will is contested, all the subscribing witnesses who are present in the Canal Zone, and who are of

sound mind, must be produced and examined; and the death, absence, or insanity of any of tliem must be satisfactorily shown to the court. If none of the subscribing witnesses reside in the Canal Zone at the

time appointed for proving the will, the court may admit the tes- timony of other witnesses to prove the sanity of the testator and the

execution of the will ; and, as evidence of the execution, it may admit

proof of the handwriting of the testator and of the subscribing

witnesses, or any of them.

Cross-references

Writings, proof of execution, see section 1972 of this title. Witnesses, generally, see sections 1901 to 1906 of this title. Procuring attendance of witnesses, see sections 2041 et seq., of this title. 1235. Testimony reduced to writing for future evidence.—The

testimony of each witness, reduced to writing and signed by him,

shall be good evidence in any subsequent contests concerning the

validity of the will, or the sufficiency of the proof thereof, if the

witness be dead, or has permanently removed from the Canal Zone.

1236. If proved, certificate to be attached.—If the court is satisfied, upon the proof taken, or from the facts found by the jury, that

the will was duly executed, and that the testator at the time of its execution was of sound and disposing mind, and not acting under

duress, menace, fraud, or undue influence, a certificate of the proof

and the facts found, signed by the judge and attested by the seal of the court, must be attached to the will. Cross-Reference

Seal required, see f-; ction 25 of this title. 493
T. 4, § 1237] THE CODE OF CIVIL PROCEDURE

1237. Will and proof to be filed and recorded.—The will, and a

certificate of the proof thereof, must be filed and recorded by the

clerk, and the same, when so filed and recorded, shall constitute part

of the record in the cause or proceeding. All testimony shall be

filed by the clerk. ARTICLE 3.—PROBATE OF FOREIGN WILLS

see. Sec. 1241. Wills proved in States or foreign 1243. Hoaiing proofs of probate of foreign

countries. will. 1242. Probate of foreign will. 1241. Wills proved in States or foreign countries.—All wills duly

proved and allowed in any State of the United States, or in any

foreign country or State, may be allowed and recorded in the division of the district court in which the testator shall have left any

estate, or shall have been a resident, at the time of his death.

1242. Probate of foreign will.—When a copy of the will, and the

order or decree admitting same to probate, duly authenticated, shall be produced by the executor, or by any other person interested in

the will, with a petition for letters, the same must be filed, and the

clerk of the court must appoint a time for the hearing; notice

whereof must be given as hereinbefore provided for an original

petition for the probate of a will. CR0S8-REFEBENCE8

Foreign executor, uo extraterritorial authority, see section 1939 of this title. Notice as tor an original petition, see sections 1216 et seq., of this title. Petition, notice, etc., see sections 1212 et seq.. of this title. 1243. Hearing proofs of probate of foreign will.—If, on the hearing, it appears upon the face of the record that the will has been

proved, allowed, and admitted to probate in any State of the United

States, or in any foreign country, and that it was executed according

to the law of the place in which the same was made, or in which

the testator was at the time domiciled, or in conformity with the

laws of the Canal Zone, it must be admitted to probate, and have

the same force and effect as a will first admitted to probate in the

Zone, and letters testamentary or of administration issued thereon.

Cross-reference

Letters testamentary or of administration, see sections 1282 et seq., of this

title. ARTICLE 4.—CONTESTING WILL AFTER PROBATE

Sec. 1251. The probate may be contested within

on*! j'ear. 1252. Citation to be issued to parties in- terested. 1253. The hearing had on proof of service.

125-). I'etitions to revoke probate of will

tried by jury or court ; Judgment,

what.

Sec. 1255.

1256.

1257.

On revocation of probate, powers of executor, etc., cease, but not liable for acts in good faith. Costs and expenses, by whom paid. Probate, when conclusive ; one year

after removal of disability given

to infants and others.

1251. The probate may be contested within one year.—When a

will has been admitted to probate, any person interested may, at any time within one year after such probate, contest the same or the

494
THE CODE OF CIVIL PROCEDURE [T. 4, § 1255 validity of the will. For that purpose he must file in the division

of the court in which the will was proved a petition in writing, con- taining his allegations against the validity of the will or against

the sufficiency of the proof, and praying that the probate may be

revoked.

Cross-References

Allegations against validity of will, see sectiou 1231 of this title. Probate, when conclusive, see section 1257 of this title. 1252. Citation to be issued to parties interested.—Upon filing

the petition, and within one year after such probate, a citation must

be issued to the executor of the will, or to the administrator with

the will annexed, and to all the legatees and devisees mentioned in

the will, and heirs residing in the Canal Zone, so far as known

to the petitioner or to their guardians, if any of them are minors,

or to their personal representatives, if any of them are dead, requiring them to appear before the court on some day therein specified, to show cause why the probate of the will should not be revoked.

Cross-Refeeences

Citation, see sections 1683 to 1687 of this title. Guardians, see sections 1694, and 1721 et seq., of this title. 1253. The hearing had on proof of service.—At the time ap- pointed for showing cause, or at any time to which the hearing is postponed, proof having been made of service of the citation upon

all of the persons named therein, the court must proceed to try

the issues ot fact joined in the same manner as an original contest of

a will. Cross-Repeeences

Proof of notice, see section 1219 of this title. Trial of issues joined, see section 1231 of this title. 1254. Petitions to revoke probate of will tried by jury or court;

judgment, what.—In all cases of petitions to revoke the probate of

a will, wherein the original probate was granted without a contest, on written demand of either party, filed three days prior to the

hearing, a trial by jury must be had, as in cases of the contest of an original petition to admit a will to probate. If, upon hearing

the proofs of the parties, the jury shall find, or, if no jury is had,

the court shall decide, that the will is for any reason invalid, or that it is not sufficiently proved to be the last will of the testator,

the probate must be annulled and revoked,

Ceoss-Re:feeence

Trial by jury, see sections 1232 and 1233 of this title. 1255. On revocation of probate, powers of executor, etc., cease, but not liable for acts in good faith.—Upon the revocation being

made, the powers of the executor or administrator with the will

annexed, must cease; but such executor or administrator shall not

be liable for any act done in good faith previous to the revocation.

Cross-Rbiference

Validity of acts before revocation, see section 1396 of this title. 495
T. 4, § 1256] TBE CODE OF CIVIL PROCEDURE

1256. Costs and expenses, by whom paid.—The fees and ex- penses must be paid by the party contesting the validity or probate

of the will, if the will or probate is confirmed. If the probate is revoked, the costs must be paid by the party who resisted the revocation, or out of the property of the decedent, as the court directs. Cross-Refkk'^nce

Costs, generally, see sections 1001 et seq., of this title.

1257. Probate, when conchisive; one year after removal of disability given to infants and others.—If no person, within one year

after the probate of a will, coritest the same or the valitlity tliereof. the probate of the will is conclusive; saving to infants and persons of

unsound mind, a like period of one year after their respective disabilities are removed.

Choss-Refeeench:

Conclusiveness of probate, see sections 1251 and 1934 of this title. ARTICLE 5.—PROBATE OF LOST OR DESTROYED WILL

Sec. 1261. 1262.

1263.

Proof of lest or destroyed will to be

taken. Probate of wills lost ; public calamity. To be certified, recorded, and letters tboreon granted.

Sec. 1264. Court to restrain injurious acts of executors or administrators during

proceedings to prove lost will.

1261. Proof of lost or destroyed will to be taken.—Whenever

any will is lost or destroyed, the district court must take proof of

the execution and validity thereof and establish the same; notice to

all persons interested being first given, as prescribed in regard to proofs of wills in other cases. All the testimony given must be re- duced to writing, and signed by the witnes.ses. Ckoss-References

Notice to all persons interested, see sections 1216 iind 1217 of this title. By citation, see sections 1883 to 1637 of this title. Service of papers, see sections 941 et seq., of this title. 1262. Probate of wills lost; public calamity.—No will shall be

proved as a lo.st or destroyed wili, unless the s;ime is proved to have

l)een in existence at the time of the death of the testator, or is shown

to have been fraudulently or by public calamity destroyed in the

lifetime of the testator, without his knowledge, nor unless its provisions are clearly and distinctly proved by at least two credible witnesses : Provided., however., That if the testator be committed to any

hospital for the insane in the Canal Zone and after such commitment

his last Avill and testament be destroyed by public calamity, and tlie testator is never restoi-ed to competency, then after tlie deatli of the

said testator, his said last will may be probated as though it were in existence at the time of the death of the testator. 1263. To be certified, recorded, and letters thereon granted.—

When a lost will is established, the provisions thereof must be dis- tinctly stated and certified by the judge, under his hand and seal of

the court, and the certificate must be filed and recorded as other wills

496
THE CODE OF CIVIL PROCEDURE [T. 4, § 1273

are filed and recorded, and letters testamentary or of administration,

with the will annexed, must be issued thereon in the same manner as upon wills produced and duly proved. The testimony must be re- duced to writing, signed, certified, and filed as in other cases, and

shall have the same ellcct as evidence as provided in section 1235 of

this title. Cross-Rkfetiencei

Letters testamentary, etc., see sections 1282 et seq., of this title. 1264. Coiut to restrain injurious acts of executors or administrators during- proceedings to prove lost will.—If, before or during

the pendency of an application to prove a lost or destroyed will, letters of administration are granted on the estate of the testator, or letters testamentary of any previous will of the testator are granted, the court may restrain the administrators or executors, so appointed, from any acts or proceedings which would be injurious to the legatees or devisees claiming under the lost or destroyed will. ARTICLE 6.—PROBATE OF NUNCUPATIVE \yiLL

Sec. 1273. Contests and appointments to con- form to provisions as to other

wills.

Sec. 1271. Nuncupative wills, when and how ad- mitted to probate. 1272. Additional requirements in probate of nuncupative wills. 1271. Nuncupative wills, when and how admitted to probate.

Nuncupative wills may at any time, within six months after the

testamentary words are spoken by the decedent, be admitted to probate, on petition and notice as provided in sections 1211 to 1224 of

this title. The petition, in addition to the jurisdictional facts, must

allege that the testamentary words or the substance thereof were

reduced to writing within thirty days after they were spoken, which

writing must accompany the petition. Cross-Referencbts Nuncupative wills, see title 3, sections 535 to 538. Petition, notice and proof, see sections 1211 to 1223 of this title. 1272. Additional requirements in probate of nuncupative wills.—

The district court must not receive or entertain a petition for the

probate of a nuncupative will until the lapse of ten days from the

death of the testator, nor must such petition at any time be acted on until the testamentary words are, or their substance is, reduced

to writing and filed with the petition, nor until the surviving husband

or wife (if any), and all other persons resident in the Canal Zone

interested in the estate are notified as hereinbefore provided.

1273. Contests and appointments to conform to provisions as

to other wills.—Contests of the probate of nuncupative wills and

appointments of executors and administrators of the estate devised

thereby must be had, conducted, and made as hereinbefore provided

in cases of the probate of written wills. Cross-Reiferen ces Probate contests, see sections 1231, et seq., and 1251 et seq., of this title. Contesting appointment of executors, etc., see sections 1285 and 1324 of this

title. 497
T. 4, § 1281] THE CODE OF CIVIL PROCEDURE

CHAPTER 25.—EXECUTORS AND ADMINISTRATORS, THEIR

LETTERS, BONDS, REMOVALS, AND SUSPENSIONS

Art. Sec. i Art. Sec.

1. Letters testamentary and of ad- 6. Oaths and bonds of executors

ministration with the will and administrators 1351

annexed, how and to whom

issued 1281

2. Form of letters 1301

o. Letters of administration, to whom and the order in whicli they are granted 1311

4. Petition and contest for letters and action thereon 1321

5. Revocation of letters, and pro- ceedings therefor 1341

Special administrators, and their powers and duties 1381

8. Wills found after letters of administration granted, and

miscellaneous provisions 1391

9. DisQualification of judge 1401

10. Removals and suspensions in cer- tain cases 1411

ARTICLE 1.—LETTERS TESTAMENTARY AND OF ADMINISTRATION

WITH THE WILL ANNEXED, HOW AND TO WHOM ISSUED

Sec. 1281. Trust companies as executors. 1282. Issue of letters. 1283. Who incompetent as executor. 1284. When no executor is named in will.

Sec. 1287. Executor of an executor. 1288. Letters of administration where minor

executor. 1289. Acts of a portion of executors valid. 1285. Interested parties may file objections. 1290. Authority of administrators with will 1286. Married woman may be executrix. I annexed ; letters, how issued. Section 1281. Trust companies as executors.—Corporations or

associations authorized to conduct the business of a trust company in

the Canal Zone may be appointed to act as an executor, administrator, guardian of estates, assignee, receiver, depositary, or trustee,

in like manner as individuals.

Oath.—In all cases in which it is required that an executor, administrator, guardian of estates, assignee, receiver, depositary, or trustee, shall qualify by taking and subscribing an oath, or in which an

affidavit is required, it shall be a sufficient qualification by such

corporation if such oath be taken and subscribed or such affidavit be

made by the president, vice president, secretary, manager, trust offi- cer, or assistant trust officer : Provided, That any such appointment as guardian shall apply to the estate only, and not to the person.

1282. Issue of letters.—If no objection is made as provided in section 1285 of this title, the court admitting a Avill to probate, after

the same is proved and allowed, must issue letters thereon to the

persons named therein as executors who are competent to discharge

the trust, unless they or either of them have renounced their right to

letters, Cross-Refere-nces Form of letters, see section 1.301 of this title. Qualification of executors, see sections 1351 et seq. of this title. Powers before qualification, see title 3, section G2.5. Appointment of person intended although not named, see title 3, section 623. 1283. Who incompetent as executor.—No person is competent

to serve as (>xocutor wlio, at the time the will is admitted to probate, is:

1. Under the age of majority;

2. Convicted ot an infamous crime;

3. Adjudged by the court incompetent to execute the duties of the

trust by reason of drunkenness, improvidence, or want of understanding or integrity.

498
THE CODE OF CIVIL PROCEDURE [T. 4, § 1288

Cross-Refekbnces

Letters where minor executor, see section 1288 of tliis title. Who incompetent as administrators, see section 1315 of this title. Marriage as alfecting competency, see section 1286 of this title. Letters of administration with will annexed, see section 1290 of tliis title. Authority of executor before qualification, see title 3, section 625. 1284. When no executor is named in will.—If no executor is named in the will, or if the sole executor or all the executors therein

named are dead, or incompetent, or renounce, or fail to apply for

letters, or to appear and qualify, letters of administration with the

will annexed must be issued as designated and provided for in granting of letters in case of intestacy.

CrOSS-RE!FE1{ENCES

Failure to apply for letters, see section 1214 of this title. Letters of administration with will annexed, see sections 1288, 1290, and

1394 of this title. 1285. Interested parties may file objections.—Any jDerson interested in the estate or will may file objections in writing to granting

letters testamentary to the persons named as executors or any of

them, and the objections must be heard and determined by the court

a petition may, at the same time, be filed for letters of administration

with the will annexed.

Cross-Reference

Letters of administration \\ith will annexed, see section 1290 of this title. 1286. Married woman may be executrix.—A married woman may

be appointed an executrix. The authority of an executrix who was

unmarried when appointed is not extinguished nor affected by her

marriage.

Cross-Reference

Married woman may be administratrix, see section 1316 of this title. 1287. Executor of an executor.—No executor of an executor

shall, as such, be authorized to administer on the estate of the first testator, but on the death of the sole or surviving executor of any

last will, letters of administration with the will annexed, of the

estate of the first testator, left unadministered, must be issued.

Cross-Res'eiiekces Letters of administration with will annexed, see sections 1284, 1290, 1394

of this title. Authority given executor to appoint an executor, invalidity, see title 3, section

624.1288. Letters of administration where minor executor.—Where

a person absent from the Canal Zone, or a minor, is nnmed executor—if there is another executor who accepts the trust and qualifies

the latter may have letters testamentary and administer the estate

until the return of the absentee or the majority of the minor, who

may then be admitted as joint executor. If there is no other executor,

letters of administration, with the will annexed, must be granted;

499
T. 4, §1289] THE CODE OF CIVIL PROCEDURE

but the court may, in its discretion, revoke tliem on the return of

the absent executor or the arrival of the minor at the age of majority'.

1289. Acts of a portion of executors valid.—When all the executors named are not appointed by the court, those appointed have the same authority to perform all acts and discharge the trust, required

by the will, as effectually for every purpose as if all were appointed

and should act together; where there are two executors or administrators, the act of one alone shall be effectual, if the other is absent

from the Canal Zone, or laboring under any legal disability from

serving, or if he has given his co-executor or co-administrator

authorit}'', in writing, to act for both ; and where there are more than

two executors or administrators, the act of a majority is valid.

Ceoss-References

Remainder of executors acting, where some incapacitated, see section 1393

of this title. Powers of executors generally, see sections 1521 et seq., of this title. Revocation of probate, effect o^, see section 1255 of this title. Removals and suspensions, see sections 1411 et seq., of this title. 1290. Authority of administrators with will annexed; letters,

how issued.—Administrators with the will annexed have the same

authority over tlie estates which executors named in the will would

have, and their acts are as effectual for all purposes. Their letters must be signed by the clerk of the court, and bear the seal thereof.

Cboss-References

Executor of executor, see section 12S7 of this title. Letters of administration with will annexed, see sections 1284, 1287, 1392, and

1394 of this title. Form of letters with will annexed, see section 1302 of this title. ARTICLE 2.—FORM OF LETTERS

Sec. Sec. 1301. Form of letters testamentary. 1303. Form of letters of administration.

1302. Form of letters of administration with the will annexed. 1301. Form of letters testamentary.

Letters testamentary must

be substantially in the following form

Canal Zone, division

The last will of A. B., deceased, a copy of which is hereto

annexed, having been proved and recorded in the division

of the district court, C. D., who is named therein as such, is hereby appointed executor. Witness, G. H., clerk of the district court, with the seal of the court affixed the day of , A. D., 19—

[seal]

By order of the court

G. H., Clerk.

Cros8-Re:ferbnce

Seal required, see section 25 of this title.

500
THE CODE OF CIVIL PROCEDURE [T. 4, § 1311

1302. Form of letters of administration with the will annexed.—

Letters of administration, with the will annexed, must be substantially in the following form

Canal Zone, division

The last will of A. B., deceased, a copy of which is hereto

annexed, having been proved and recorded in the division of the district court, and there being no executor named in the will (or as the case may be), C. D. is hereby appointed

administrator with the will annexed.

Witness, G. H., clerk of the district court, with the seal of the court affixed, the day of , A. D., 19—

[seal]

B}^ order of the court

G. H., Clerk.

1303. Form of letters of administration.—Letters of administration must be signed by the clerk, under the seal of the court, and

substantiall}^ in the following form

Canal Zone, division C. D. is hereb}' appointed administrator of tlie estate of A. B.,

deceased.

Witness, G. H., clerk of the district court, with the seal thereof

affixed, thQ day of , A. D., 19—.

[seal]

B}^ order of the court

G. H., Clerk.

ARTICLE 3.- -LETTERS OF ADMINISTRATION. TO WHOM AND THE

ORDER IN VvHICH THEY ARE GRxVNTED

Sec. 1311. Older of persons entitled to administer.

1312. Relatives of wliole blood preferred

to half blood. 1313. In discretion of court to appoint

administrator, when.

Sec. 1314. Wlien minor or incompetent entitled, who appointed administrator.

1315. Who are incompetent to act as ad- ministrators. 1316. Married woman may be administratrix. 1311. Order of persons entitled to administer.—Administration

of the estate of a person dying intestate must be granted to some

one or more of the persons hereinafter mentioned, the relatives of

the deceased being entitled to administer only when they are entitled

to succeed to his estate or some portion thereof; and they are, re- spectively, entitled thereto in the following order

1. The surviving husband or wife, or some competent person

whom he or she may request to have appointed.

2. The children.

3. The father and mother.

4. The brothers and sisters.

5. The grandchildren.

6. The next of kin entitled to share in the distribution of the

estate.

7. The public administrator.

8. The creditors.

9. Any person legally competent.

501
T. 4, §1312] THE CODE OF CIVIL PROCEDURE

If the decedent was a member of a partnership at the time of

his decease, the surviving partner must in no case be appointed

administrator of his estate. This section shall apply to the rela- tives of the previously deceased spouse of decedent when entitled to succeed to some portion of the estate under subdivision 8 of section

G33 of title 3. Cboss-Retebences

Public administrator, generally, see sections 1702 et seq., of this title. Competency of persons, see sections 1315 and 1316 of this title. Kecommendation by one entitled to administer, stM? section 1329 of this title. 1312. Relatives of whole blood preferred to half blood.—Of several persons claiming and equally entitled to administer, relatives of

the whole blood must be preferred to those of the half blood.

1313. In discretion of court to appoint administrator, when.—

When there are several persons equally entitled to the administration, the court may grant letters to one or more of them ; and when

a creditor is claiming letters the court may, in its discretion, at the

request of another creditor, grant letters to any other person legally

competent.

1314. When minor or incompetent entitled, who appointed administrator.—If any person entitled to administration is a minor,

or an incompetent person, letters must be granted to his or her

guardian, or any other person entitled to letters of administration,

in the discretion of the court. Cboss-Referencb

Guardian of minor, see sections 127, 128, 1721, and 1732 of this title. 1315. Who are incompetent to act as administrators.—No person

is competent or entitled to serve as administrator or administratrix

who is —

1. Under the age of majority.

2. Not a bona fide resident of the Canal Zone.

3. Convicted of an infamous crime.

4. Adjudged by the court incompetent to execute the duties of

the trust by reason of drunkenness, improvidence, or want of understanding or integrity.

Cross-Re»-erences Revoking letters, see section 1341 of this title. Who incompetent to act as executors, see section 1283 of this title. 1316. Married woman may be administratrix.—A married

woman may be appointed administratrix. When an unmarried

woman appointed administratrix marries, her authority is not thereby extinguished.

Cboss-Reference

Married woman as executrix, see section 1286 of this title.

502
THE CODE OF CIVIL PROCEDURE [T. 4, § 1324 ARTICLE 4.- -PETITION AND CONTEST FOR LETTERS AND ACTION

THEREON

Sec. 1321. 1322. 1323.

1324.

1325. 1326.

Petition for letters, how made.

Letters of administration, when

granted. Date for and notice of Iiearing. Contesting application. Hearing of application. Evidence of notice. 1327. Grant to any applicant.

Sec. 1328. What proofs must be made before granting letters of administration.

1329. Letters may be granted to others than those entitled. 1330. Requests for special notice of pro- ceedings; giving notices; finding regarding notices. 1331. United States as a party to estates, proceedings, etc. 1321. Petition for letters, how made.—Petitions for letters of

administration must be in writing, signed by the applicant or his

counsel, and filed with the clerk of the court, stating the facts

essential to give the court jurisdiction of the case, and when known

to the applicant, he must state the names, ages, and residences of

the heirs of the decedent, and the value and character of the property. If the jurisdictional facts exist, and are proved at the hearing but are not fully set forth in the petition, the decree or order

of administration and subsequent proceedings are not void on account

of such want of jurisdictional averments.

Cross-Refebence

Orders and decrees need not recite the facts, see section 1681 of this title. 1322. Letters of administration, when granted.—Letters of administration may be granted by the court at any time appointed

for the hearing of the application, or at any time to which the

hearing is continued or postponed.

1323. Date for and notice of hearing.—When a petition praying

for letters of administration is filed, the clerk of the court must

set the petition for hearing by the court, and give notice thereof by

causing a notice to be posted at the courthouse which notice shall contain the name of the decedent, the name of the applicant, and

the time at which the application will be heard. Such notice must

be given at least ten days before the hearing. The clerk shall cause similar notice to be mailed to the heirs of the decedent named in the

petition, at least ten davs before the hearing, addressed to them at their respective post-office addresses, as set forth in the petition,

otherwise at the place where the proceedings are pending.

Cross-Reference

Posting notices, compare section 1216 of this title. 1324. Contesting application.—Any person interested may contest the petition, by filing written opposition thereto, on the ground

of the incompetency of the applicant, or may assert his own rights

to the administration and pray that letters be issued to himself. In

the latter case the contestant must file a petition and give the notice

required for an original petition, and the court must hear the two

petitions together.

Ckoss-Refebences

Incompetency of applicant, see section 1315 of this title. Persons entitled to administer, see section 1311 of this title.

503
T. 4, § 1325] TEE CODE OF CIVIL PROCEDURE

1325. Hearing of application.—On the hearing, it being first proved that notice has been given as herein required, tlie court must hear the allegations and proofs of the parties, and order the

issuing of letters of administration to the party best entitled thereto.

CROSS-REaTERENCK Proof of notice, compare section 1219 of this title. 1326. Evidence of notice.—An entry in the minutes of the court,

that the required proof was made and notice given, shall be conclusive evidence of the fact of such notice.

1327. Grant to any applicant.—Letters of administration must be

granted to any applicant, though it appears that there are other

persons having better rights to the administration, when such persons

fail to appear and claim the issuing of letters to themselves.

CKOSS-RsyERENCE

Persons with better rights may procure revocation, see sections 1341 to 1344

of this title. 1328. What proofs must be made before granting letters of

administration.—Before letters of administration are granted on the

estate of any person who is represented to have died intestate, the

fact of his dying intestate mu,st be proved by the testimony of the

applicant or others; and the court may also examine any other per- son concerning the time, place, and manner of his death, the place of

his residence at the time, the value and character of his property, and

whether or not the decedent left any will, and may compel any

person to attend as a witness for that purpose.

Cross-Reference

Compelling attenclaiice of witnesses, see sections 2041 et seq., of this title. 1329. Letters may be granted to others than those entitled.—

Administration may be granted to one or more competent persons, although not otherwise entitled to the .same, at the written request

of the person entitled, filed in the court. When the person entitled

is a nonresident of the Canal Zone, affidavits, taken ex parte before

any officer authorized b}^ the laws of the Canal Zone to take acknowledgments and administer oaths out of the Canal Zone, may be re- ceived as prima facie evidence of the identity of the party, if free

from suspicion, and the fact is established to the satisfaction of the

court. Cuoss-Refekences

Proof of identity by affidavit, see sections 2071 to 2077 of tins title. Proof by deposition taken outside of Canal Zone, see sections 2091 et seq.. of

this title. Prima facie evidence, see section 1851 of this title. 1330. Request for specialnoticeof proceedings; giving notices;

finding regarding notices.—At any time after the issuance of let- ters testamentary or of administration upon the estate of any decedent, any ])erson interested in said estate, whether as heir, devisee,

legatee, or creditor, or the attorney for any such person may serve

504
TEE CODE OF CIVIL PROCEDURE [T. 4, § 1341 upon the executor or administrator, or upon the attorney for the executor or administrator, and file with the clerk of the court wherein

administration of such estate is pending, a written request, stating

that he desires special notice of any or all of the following mentioned matters, steps, or proceedings in the administration of said

estate, to wit

(1) Filing of petitions for sales, leases, or mortgages and con- firmation of sales of any property of the estate;

(2) Filing of accounts;

(3) Filing of petitions for distribution;

(i) Filing of petitions for partition of any property of the estate. Such request shall state the post-office address of the per,son making

same. Giving of notices.—And thereafter a brief notice of the filing of

any of such petitions, or accounts, except petitions for sale of perishable property or other personal property which will incur expense

or loss by keeping, shall be addressed to such person making such

request, or his attorney, at his stated post-office address, and deposited in the post office with the postage thereon prepaid, within

tw^o days after the filing of such petition or account ; or personal

service of such notices may be made on the person making such

request or his attorney, within said two days, and such personal

service shall be equivalent to .such deposit in the post office, and

proof of mailing or of personal service must be filed with the clerk

before the hearing of such petition or account. Finding regarding notices.—If upon the hearing it shall appear

to the satisfaction of the court that said notice has been regularly

given, the court shall so find in its order or judgment, and such

judgment shall be final and conclusive upon all persons. 1331. United States as a party to estates, proceedings, etc.—

Where compensation, pensions, insurance or other allowance is made

or awarded by the United States Government or a department or bureau thereof, to estates of decedents or to minor or incompetent

persons for whom guardians have been appointed, or to their estates, the department or bureau of the United States Government making

or awarding ,sucli allowance, compensation, pension, or insurance

shall have the same right to commence and prosecute actions on

executors, administrators, and guardians' bonds, and shall have the same right to petition the court for appointment or removal of

guardians of minor and incompetent persons, and shall have the sama right to file exceptions in writing to accounts of executors,

administrators, and guardians and to contest same, as is provided

in this title for interested parties, heirs at law, and relatives. ARTICLE 5.—REVOCATION OF LETTERS, AND PROCEEDINGS

THEREFOR

Sec. 1341. Revocation of letters of administration. 1342. Wlien petition filed, citation to issue.

Sec. 1343. Hearing of petition for revocatinn

1344. Prior rights of relatives entitle tbera

to revoke prior letters. 1341. Revocation of letters of administration.—Wlien letters of

administration have been granted to any other person than the sur93083—34- r.05
T. 4, § 1342] THE CODE OF CIVIL PROCEDURE

viving husband or wife, child, father, mother, brother, or sister of the

intestate, any one of them who is competent, or any competent person

at the written request of any one of them, may obtain the revocation

of the letters, and be entitled to the administration, by presenting to the court a petition praying the revocation, and that letters of administration may be issued to him.

Cross-Refekences

Persons incompetent, see section 1315 of this title. Revocation, see sections 1344, and 1411 to 1415 of this title. 1342. When petition filed, citation to issue.—When such petition

is filed, the clerk must, in addition to the notice provided in section 1323 of this title, issue a citation to the administrator to appear and answer the same at the time appointed for the hearing.

CROSS-REiFERENCE

Citation, generally, see sections 16S3 to 1687 of this title. 1343. Hearing of petition for revocation.—At the time appointed,

the citation having been duly served and returned, the court must

proceed to hear the allegations and proofs of the parties; and if the right of the applicant is established, and he is competent, letters of administration must be granted to him, and the letters of the

former administrator revoked.

1344. Prior rights of relatives entitle them to revoke prior let- ters.—The surviving husband or wife, when letters of administration have been granted to a child, father, brother, or sister of the

intestate; or any of such relatives, when letters have been granted

to any other of them, may assert his prior right, and obtain letters of administration, and have the letters before granted revoked in

the manner prescribed in sections 1341 to 1343 of this title. ARTICLE 6. -OATHS AND BONDS OF EXECUTORS AND

ADMINISTRATORS

Sec. Sec. 1351. Oatli of executor or administrator ; 1361. recording letters. 1352. Bond of executor or administrator. 13G2. 1353. Conditions of bonds. 1363. 1354. Separate bonds, when more than one 1364. administrator. 1365. 1355. Several recoveries may be had on same bond. 1366. 1356. Justification of sureties. 1367.

1357. Citation and requirements of judse 1368. on deficient bond ; additional

security. 1369.

1358. Right ceases when sufficient security not given. 1370.

1359. When bond may be dispensed with.

1360. Petition showing failing sureties and

asking for further bonds. 1351. Oath of executor or administrator; recording letters.—

Before letters testamentary or of administration are issued to the

executor or administrator, he must take and subscribe an oath before some officer authorized to administer oaths, that he will perform,

according to law, the duties of executor or administrator, which

oath must be attached to the letters. All letters testamentary, and

Citation to executor, etc., to show

cause against such application. Further security may be ordered. Neglecting to obey order. Suspending powers of executor, etc. Further security ordered without application of party in interest. Release of sureties. New sureties. Neglect to give new sureties forfeits

letters. Applications to ho determined at any

time. Liability on bond.

506
THE CODE OF CIVIL PROCEDURE [T. 4, § 135G

of administration, with the affidavits and certificates thereon, must be

forthwith recorded by the clerk of the court, in books to be kept by

him in his office for that purpose.

1352. Bond of executor or administrator.—Every person to whom

letters testamentary or of administration are directed to issue, must,

before receiving them, execute a bond to the Government of the Canal

Zone, with two or more sufficient sureties, to be approved by the

district court, or the judge thereof. In form the bond must be joint

and several, and the penalty shall be in such reasonable sum as the court shall direct. Ceoss-Refedrbnces

Sureties, see sections 1356, 1357, 1360 to 1363, 1366, 1367, and 1370 of this

title. Approved by judge at chambers, see section 27 of this title. Conditions of bond, see section 1353 of this title. Separate bonds, see section 1354 of this title. Recovery on bonds, see sections 1355 and 1370 of this title. When bond may be dispensed with, see section 1359 of this title. Executor not to act until qualified, see title 3, section 625. 1353. Conditions of bonds.—The bond must be conditioned that

the executor or administrator shall faithfully execute the duties of

the trust according to law.

Ceoss-Retebencb

Duties of executor, see sections 1521 et seq., of this title. 1354. Separate bonds, when more than one administrator.—

When two or more persons are appointed executors or administrators,

the district court, or the judge thereof, must require and take a separate bond from each of them.

1355. Several recoveries may be had on same bond.—The bond

shall not be void upon the first recovery, but may be sued and re- covered upon from time to time, by any person aggrieved, in his own

name, until the whole penalty is exhausted.

Ceoss-Refebence

Action to be in name of real party in interest, see section 122 of this title. 1356. Justification of sureties.—In all cases where bonds or undertakings are required to be given, under chapters 23 to 36 of this

title, the sureties must justify thereon in the same manner and in

like amounts as required by section 963 of this title, and the certificate thereof must be attached to and filed with the bond or undertaking.

All such bonds and undertakings must be approved by the judge

of the district court before being filed. Upon filing, the clerk shall

thereupon enter in the register of actions the date and amount of

such bond or undertaking and the name or names of the surety or

sureties thereon. In the event of the loss of such bond or undertaking, such entries so made shall be prima facie evidence of the due

execution of such bond or undertaking as required by law.

Cboss-Refebencb

Approval by judge at chambers, see section 27 of this title. 507
T. 4, §1357] THE CODE OF CIVIL PROCEDURE

1357. Citation and requirements of judge on deficient bond;

additional security.—Before the judge approves any bond required

under chapters 23 to 36 of this title, and after its approval, he may,

of liis own motion, or upon the motion of any person interested in

the estate, supported by affidavit that the sureties, or some one or more of them, are not worth as much as they have justified to, order

a citation to issue requiring such sureties to appear before him at a designated time and place, to be examined touching their property

and its value; and the judge must, at the same time, cause a notice

to be issued to the executor or administrator requiring his appearance on the return of the citation ; and on its return he may examine

the sureties and such witnesses as may be produced, touching the

property of the sureties and its value; and if, upon such examination,

he is satisfied that the bond is insufficient, he must require sufficient additional security.

Cross-Refekencej

Citation, see sections 1683 to 16S7 of tliis title. 1358. Right ceases when sufficient security not given.—If suffi- cient security is not given within the time fixed by the judge's order,

the right of such executor or administrator to the administration

shall cease, and the person next entitled to the administration on the

estate, who will execute a sufficient bond, must be appointed to the

administration.

1359. When bond may be dispensed with.—When it is expressly

provided in the wall that no bond shall be required of the executor,

letters testamentary may issue without any bond, unless the court,

for good cause, require one to be executed; but the executor may

at any time afterw^ards (if it appear from any cause necessary

or proper) be required to file a bond, as in other cases. 1360. Petition showing failing sureties and asking for further

bonds.—Any person interested in an estate may, by verified petition, represent to the district court, or the judge thereof, that the

sureties of the executor or administrator thereof have become, or

are becoming, insolvent, or that they have removed, or are about

to remove, from the Canal Zone, or that from any other cause the

bond is insufficient, and ask that further security be required.

CROSs-REnaiENCE

Court may aslv further security, see section 13G5 of this title. 1361. Citation to executor, etc., to show cause against such application.—If the court, or the judge thereof, is satisfied that the

matter requires investigation, a citation must be issued to the executor or administrator requiring him to appear, at a time and place

to be therein specified, to show cause why he should not give further

security. The citation must be served personally on the executor or administrator, at least five days before the return da3^ If he has

absconded, or cannot be found, it may be served by leaving a copy

of it at his place of residence, or by such publication as the court, or the judge thereof, may order.

Ckoss-Rbh-'eren cb

Citation on deficient bond, see section 1357 of this title. 508
THE CODm OF CiViL PROCEDURE [T. 4, § 136S 1362. Further security may be ordered.—On the return of the

citation, or at such other time as the judge may appoint, he must

proceed to hear the proofs and allegations of the parties. If it satis- factorily appears that the security is, from any cause, insufficient, he

may make an order requiring the executor or administrator to give

further security, or to file a new bond in the usual form within a reasonable time, not less than five days.

1363. Neglecting to obey order.—If the executor or administrator neglects to comply with the order within the time prescribed, the

judge must, by order, revoke his letters, and his authority must

thereupon cease. CROSS-RBaraKENCB

Neglect to give new sureties forfeits letters, see section 1368 of this title. 1364. Suspending powers of executor, etc.—When a petition is presented praying that an executor or administrator be required to give further security, or to give bond, where, by the terms of the

will, no bond was originally required, and it is alleged, on oath, that

the executor or administrator is wasting the property of the estate, the judge may, by order, suspend his powers until the matter can be

heard and determined.

1365. Further security ordered without application of party in

interest.—When it comes to his knowledge that the bond of any

executor or administrator is from any cause insufficient, the judge,

without any application, must cause him to be cited to appear and

show cause why he should not give further security, and must

proceed thereon as upon the application of any person interested.

1366. Release of sureties.—When a surety of any executor or administrator desires to be released from responsibility on account of

future acts, he may make application to the district court, or the

judge thereof, for relief. The court or judge must cause a citation

to the executor or administrator to be issued, and served personally,

requiring him to appear at a time and place, to be therein specified,

and to give other security. If he has absconded, left, or removed

from the Canal Zone, or if he cannot be found, after due diligence

and inquiry, service may be made as provided in section 1361 of this

title. 1367. New sureties.—If new sureties be given to the satisfaction

of the judge, he may thereupon make an order that the sureties who

applied for relief shall not be liable on their bond for any subsequent

act, default, or misconduct of the executor or administrator.

1368. Neglect to give new sureties forfeits letters.—If the executor or administrator neglects or refuses to give new sureties, to the

satisfaction of the judge, on the return of the citation, or within

such reasonable time as the judge shall allow, unless the surety making the application shall consent to a longer extension of time, the

court or judge must, by order, revoke his letters. Cross-Reference

Forfeiture of right when sufficient sureties not given, see sections 1358 and

1363 of this title. 509
T. 4, § 1369] THE CODE OF CIVIL PROCEDURE

1369. Applications to be determined at any time.—The applications authorized by sections 1360 to 1368 of this title may be heard

and determined at any time. All orders made therein must be

entered upon the minutes of the court. 1370. Liability on bond.—The liability of principal and sureties

upon the bond of any executor, administrator, or guardian is in all cases to pay in the kind of money or currency in which the principal

is legally liable. Cross-Rkij'erence

Debts payable in particular kind of money, see sections 1477 and 1591 of

this title. ARTICLE 7. -SPECIAL ADMINISTRATORS, AND THEIR POWERS AND

DUTIES

Sec.

3 381. Special administrator, when appointi^d. 1382. Appointment ; Issuance of letters. 1383. Preference in appointment.

1384. Bond and oath of. 1385. Powers and duties.

Sec. 1386. When letters testamentary or of ad- ministration are granted, special administrator's powers cease. 1387. Account.

1388. Payment of secured debts by special administrators. 1381. Special administrator, when appointed.—When there is delay in granting letters testamentary or of administration from any

cause, or when such letters are granted irregularW, or no sufficient bond is filed as required, or when no application is made for such

letters, or when an executor or administrator dies, or is suspended,

or removed, the district court or judge must appoint a special administrator to collect and take charge of the estate of the decedent in

whatever division the same may be found, and to exercise such other

powers as may be necessary for the preservation of the estate ; or he

may direct the public administrator to take charge of the estate. Cross-Refkeence

Duties of special administrator, see section 1385 of this title. 1382. Appointment; issuance of letters.—The appointment may

be made at any time upon such notice to such of the persons interested

in the estate as the court may deem reasonable. After the person

appointed has given bond, the clerk must issue special letters of

administration to such person.

CrOSS -RBa-ERENCE Oath and bond, see section 1384 of this title. 1383. Preference in appointment.—In making the appointment

of a special administrator the court must give preference to the per- son entitled to letters testamentary, or of administration.

CrossRefekence

Persons entitled to letters, see sections 1311 et seq., of this title. 1384. Bond and oath of.—Before any letters issue to any special

administrator, except to the public administrator, he must give bond

in such sum as the court or judge may direct, with sureties to the

010
THE CODE OF CIVIL PROCEDURE [T. 4, § 1387

satisfaction of the court or judge, conditioned for the faithful per- formance of his duties ; and he must take the usual oath, and have the same indorsed on his letters.Cboss-Refkkencb

Oath aud bond of administrator, see sections 1351 et seq., of this title. 1385. Powers and duties.—The special administrator must collect and preserve for the executor or administrator, all the goods, chattels,

debtti, and effects of the decedent, all incomes, rents, issues, and

profits, claims, and demands of the estate; must take the charge

and management of, enter upon, and preserve from damage, waste,

and injury, the real estate, and for any such and all necessary purposes may commence and maintain or defend suits and other legal

proceedings as an administrator; he may sell such perishable property as the court may order to be sold, and exercise such other powers

as are conferred upon him by his appointment, but except when

appointed with the powers, duties, and obligations of a general

administrator, as hereinafter provided, he is not liable to an action

by any creditor on a claim against the decedent.

When a special administrator is appointed pending determination

of a contest of a will instituted prior to the probate thereof, or pending an appeal from an order appointing, suspending, or removing an executor or administrator, such special administrator shall have the same powers, duties, and obligations as a general administrator, and the letters of administration issued to him shall recite

that such special administrator is appointed with the powers of a general administrator.

Ceoss-Referbnce Account of administrator, see sections 1571 et seq., of this title. 1386. When letters testamentary or of administration are

granted, special administrator's powers cease.—When letters testa- mentary' or of administration on the estate of the decedent have been

granted, the powers of the special administrator cease, and he must

forthwith deliver to the executor or administrator all the property

and effects of the decedent in his hands ; and the executor or administrator may prosecute to final judgment any suit commenced by

the special administrator.

1387. Account.—The special administrator must render an ac- count on oath of his proceedings in like manner as other administrators are required to do.

His fees and those of his attorney shall be fixed by the court: Provided, Kowever, That the total fees paid to the special administrator and executor, or to the special administrator and general

administrator of an estate must not, together, exceed the sums provided for in section 1567 of this title, including the further allovfance

therein provided ; and that the total fees paid to the attorneys both

of the special administrator and executor, or of the special administrator and general administrator, must not, together, exceed the sums

provided for in section 1568 of this title, including the further allow- ance therein provided.

611
T. 4, § 1388] THE CODE OF CIVIL PROCEDURE

And when the same person does not act as both special administrator and executor, or as special administrator and general administrator, of the estate, such fees shall be divided between the special

administrator and executor, or between the special administrator

and general administrator of the estate, in such proportions as the court shall determine to be just and reasonable.

And when the same attorney does not act for both the special

administrator and executor, or for the special administrator and

general administrator of the estate, such fees shall be divided between

the attorneys in such proportion as the court shall determine to be

just and reasonable.

1388. Payment of secured debts by special administrators.—If

it shall appear by the verified petition of any special administrator,

or other person interested in any estate in the charge of any special

administrator, that any of the property of said estate is subject

to any mortgage, lien, or deed of trust, to secure the payment of

money, and that any amount so secured, either principal or interest,

is past due and unpaid ; that the holder of the security threatens or

is about to enforce or foreclose the same and that the said property

exceeds in value the amount of the entire obligation thereon, and

an order is asked directly or permitting said special administrator

to pay all or any part of the amount so secured, the court or judge

shall fix a time for the bearing of said petition and shall direct

notice of not less than ten days to be given by posting in three public

places and by personal service on all parties who have appeared

or their attorneys. At the time so appointed, if the allegations of

such petition shall be proven to the satisfaction of the court and

it shall appear to be for the best interests of said estate, the court may order the special administrator to pay interest or other portions or the whole of the secured debt, and, in its discretion, may

direct the special administrator to take proceedings to secure funds

for such purpose. Any such order for payment of interest may

also direct that interest not yet accrued be paid as it becomes due

and such order shall remain in effect and cover such future interest

until and unless thereafter for good cause set aside or modified

by the court upon similar petition and notice to that hereinabove

provided.

ARTICLE 8.—WILLS FOUND AFTER LETTERS OF ADMINISTRxVTION

GRANTED, AND MISCELLANEOUS PROVISIONS

Sec. 1391. Preexisting grant of letters, when

revoked.

l.'^92. Pow^r of executor in such a case. 1393. Remaining administrator or executor

to continue when his colleagues are

disqualified. 1394. Who to act when all acting are in- competent.

Sec. 1395. Executor or administrator may re- sign, when ; court to appoint suc- cessor ; liability of outgoer. ISOG. All acts of executor, etc., valid until

liis puwor is revoked.

i;'!»7. Transcript of court minutes to be

evidence.

1391. Preexisting grant of letters, when revoked.—Upon the

admission to probate of a will after a grant of letters of administration on the ground of intestacy, or upon the admission to probate

of a later will than the one before admitted to probate, the preexisting grant of letters testamentary or of administration must be

512
THE CODE OF CIVIL PROCEDURE [T. 4, § 1395

revoked, and the administrator or executor whose grant of authority

is thus terminated must render an account of his administration

within such time as the court may direct. CEOSS-REnrEBBNCBS Account of administrator, see sections 1571 et seq., of this title. Accuuiit after autliorKy ended, see section 1575 of this title. 1392. Power of executor in such a case.—In such case, the executor or the administrator with the will annexed is entitled to demand,

sue for, recover, and collect all the rights, goods, chattels, debts, and

effects of the decedent remaining unadministered, and may prosecute to final judgment any suit commenced by the administrator

before the revocation cf his letters of administration.

Cross-Reference

Power of administrator with will annexed, see section 1290 of this title. 1393. Remaining administrator or executor to continue when

his colleagues are disqualified.—In case any one of several executors or administrators, to whom letters are granted, dies, becomes

lunatic, is convicted of an infamous crime, or otherwise becomes

incapable of executing the trust; or in case the letters testamentary

or of administration are revoked or annulled, with respect to any

one executor or administrator, the remaining executor or administrator must proceed to complete the execution of the will or administration.

1394. Who to act wiien all acting are incompetent.—If all such

executors or administrators die or become incapable, or the power

and authority of all of them is revoked, the court must issue letters of administration, with the will annexed or otherwise, to the widow

or next of kin, or others, in the same order and manner as is directed

in relation to original letters of administration. The administrators

so appointed must give bond in the like penalty, with like sureties

and conditions, as hereinbefore required of administrators, and shall

have the like power and authority.

Cross-Refebences

Order and manner of granting letters of administration, see sections 1311 et

seq., of this title. Letters of administration with will annexed, see sections 1284, 1287 and 1290

of this title. Oath and bond, see sections 1351 et seq., of this title. Power and authority, see sections 1521 et seq., of this title. 1395. Executor or administrator may resign, when; court to appoint successor; liability of outgoer.—Any executor or administrator may, at any time, by writing, filed in the district court,

resign his appointment, having first settled his accounts and delivered up all the estate to the person whom the court shall appoint

to receive the same. If, however, by reason of any delays in such

settlement and delivery up of the estate, or for any other cause, the

circumstances of the estate or the rights of those interested therein

require it, the court may, at any time before settlement of accounts

513
T. 4, § 1396] THE CODE OF CIVIL PROCEDURE J

and delivering up of the estate is completed, revoke the letters of such

executor or administrator, and appoint in his stead an administrator, either special or general, in the same manner as is directed in

relation to original letters of administration. The liability of the

outgoing executor or administrator, or of the sureties on his bond,

shall not be in any manner discharged, released, or affected by such

appointment or resignation.

1396. All acts of executor, etc., valid until his power is re- voked.—All acts of an executor or administrator, as such, before

the revocation of his letters testamentary or of administration, are

as valid, to all intents and purposes, as if such executor or administrator had continued lawfully to execute the duties of his trust. 1397. Transcript of court minutes to be evidence.—A transcript

from the minutes of the court, showing the appointment of any

person as executor or administrator, together with the certificate of the clerk, under his hand and the seal of his court, that such per- son has given bond and been qualified, and that letters testamentary

or of administration have been issued to him and have not been

revoked, shall have the same effect in evidence as the letters themselves.

CEOSS-REaFERENCE

Letters recorded, see section 1351 of this title. ARTICLE 9.—DISQUALIFICATION OF JUDGE

1401. When judge not to act.—No will shall be admitted to probate, or letters testamentary or of administration granted, before

any judge who is interested as next of kin to the decedent, or as a legatee or devisee under the will, or when he is named as executor

or trustee in the will, or is a witness thereto, or is in any other manner interested or disqualified from acting.

ARTICLE 10.—REMOVALS AND SUSPENSIONS IN CERTAIN CASES

Sec. 1411. Suspension of powers of executor or administrator.

1412. Revocation of letters. 1413. Any party interested may appear on

hearing.

Sec. 1414. Notice to absconding executors and

administrators.

1415. May compel attendance.

1411. Suspension of powers of executor or administrator.—

Whenever the district judge has reason to believe from his own

knowledge, or from credible information, that any executor or administrator has wasted, embezzled, or mismanaged, or is about

to waste or embezzle the property of the estate committed to his

charge, or has committed or is about to commit a fraud upon the

estate, or is incompetent to act, or has removed or is about to remove from the Canal Zone, or has wrongfully neglected the estate, or has

long neglected to perform any act as such executor or administrator,

he must, by an order entered upon the minutes of the court, direct

such executor or administrator to be cited to appear and show cause why his letters should not be revoked, and may also suspend the

514
THE CODE OF CIVIL PROCEDURE [T. 4, § 1415 powers of such executor or administrator, until the matter is investigated.

Cboss-Refkbences

Misconduct as to inventory, see sections 1438 and 1439 of this title. Misconduct as to exhibit and account, see sections 1573, 1574, and 1576 of this

title. Suspension of executor, etc., at chambers, see section 27 of this title. Removal of executor, see sections 1341 et seq., of this title. Revocation of letters for waste, embezzlement or neglect, see section 1572 of

this title. Removal for contempt, see section 1693 of this title. 1412. Revocation of letters.—If the executor or administrator

fails to api>ear in obedience to the citation, or, if he appears, and the court is satisfied from the evidence, that there exists cause for his

removal, his letters must be revoked.

1413. Any party interested may appear on hearing.—At the

hearing, any person interested in the estate may appear and file his

allegations in writing, showing that the executor or administrator

should be removed; to which the executor or administrator may

demur or answer, as hereinbefore provided. The issues raised must

be heard and determined by the court. 1414. Notice to absconding executors and administrators.—If

the executor or administrator has absconded or conceals himself, or has removed or absented himself from the Canal Zone, notice may

be given him of the pendency of the proceedings by publication, in

such manner as the court may direct, and the court may proceed

upon such notice as if the citation had been personally served.

Cross-Refeeence

Compare section 1576 of this title. 1415. May compel attendance.—In the proceedings authorized

by the preceding sections of this article, for the removal of an ex- ecutor or administrator, the court may compel his attendance by

attachment, and may compel him to answer questions, on oath,

touching his administration, and, upon his refusal so to do, may

commit him until he obey, or may revoke his letters, or both.

Cross-references

Compelling obedience, compare sections 1573 and 1574 of this title. Contempt, see sections 1163 et seq., of this title.

515
T. 4, § 1431] TEE CODE OF CIVIL PROCEDURE

CHAPTER 26.—INVENTORY AND COLLECTION OF EFFECTS OF

DECEDENTS

Art. Sec. i Art. Sec.

1. Inventory, appraisement, and pos- 2. Embezzlement and surrender of session of estate 1431 I property of estate 1451 ARTICLE 1.—INVENTORY, APPRAISEMENT, AND POSSESSION OF

ESTATE

See. 1431. Inventory and appraisement to be

returned. 1432. Apprai.sers of estates of deceased per- sons. 1433. Oath of appraisers ; inventory must

shovy wliat. 1434. Inventory to account for moneys

if all money, no appraisement

necessary.

1435. Effect of naming a debtor executor. 1436. Discharge or bequest of debt against

executor.

Sec. 1437. To malie oath to inventory.

1438. Letters may be revoked for neglect

of administrator.

1439. Inventory of after discovered property. 1440. Executor entitled to possesJS all of

estate of deci'dent. 1441. Executor or administrator to deliver

real estate to heirs or devisees.

Section 1431. Inventory and appraisement to be returned.—

Every executor or administrator must make and return to the court,

within thirty days after his appointment, a true inventory, and, also,

if the court so direct, an appraisement of all the estate of the decedent which has come to his possession or knowledge.

Cross-Referknces

Failure to return inventory, see section 143S of this title. Inventory of after discovered property, see section 1439 of this title. 1432. Appraisers of estates of deceased persons.—To make the

appraisement, the court or judge must appoint three disinterested persons, any two of whom may act. Each of said appraisers is entitled to receive from each estate he

appraises, as compensation for his services, such sum as may be fixed

by the court or judge.

The appraisers or appraiser must, with the inventory, file a verified

account of their or his services and disbursements.

No clerk or deputy, nor any person related by consanguinity or

affinity to or connected by marriage with, or being a partner or employee of the judge of the court, shall be appointed or shall be

competent to act as appraiser in any estate, or matter or proceeding

pending before said judge or in said court.

CKOSS-REFra?ENCES Appointment at chambers, see section 27 of this title. Appraisement of interest in partnership, see section 1525 of this title. 1433. Oath of appraisers; inventory must show what.—Before

proeeeding to the execution of their duty, the appraisers must take

and subscribe an oath, to be attached to the inventory, that they

will truly, honestly, and impartially ap])raise the property exhibited

to them, according to the best of their knoAvledge and ability.

They must then proceed to estimate and appraise tlie property;

each item of property must be set down separately, with the value

thereof in dollars and cents in figures, opposite the items respectively.

516
THE CODE OF CIVIL PROCEDURE [T. 4, § 1438 The iiiventoiy must contain all the estate of the decedent, real and

personal, a statement of all debts, bonds, morti^ages, notes, and other

securities for the payment of money belonging to the decedent, specifying the name of the debtor in each debt or security, the date, the sum originally payable, the indorsement thereon (if any), with

their dates, and the sum which, in the judgment of the appraisers,

may be collected on each debt or security; and a statement of the

interest of the decedent in any partnership of which he was a member, to be appraised as a single item.

The inventory must also show, so far as the same can be ascertained

by the executor or administrator, what portion of the property is community property, and what portion is the separate property of

the decedent.

Cross-references

Appraisement and inventory of partner's interest, see section 1525 of this title. Oath to inventory, see section 1437 of this title. 1434. Inventory to account for moneys; if all money, no ap- praisement necessary.—The inventory must also contain an account

of all monej^s belonging to the decedent which have come to the

hands of the executor or administrator, and if none, the fact must be

so stated in the inventory.

1435. Effect of naming a debtor executor.—The naming of a person as executor does not thereby discharge him from any just

claim which the testator has against him, but the claim must be

included in the inventory, and the executor is liable for the same, as for so much money in his hands, when the debt or demand becomes

due.

1436. Discharge or bequest of debt against executor.—The dis- charge or bequest in a will, of any debt or demand of the testator against the executor named, or any other person, is not valid against

the creditors of the decedent, but is a specific bequest of the debt

or demand. It must be included in the inventory, and, if necessary,

applied in the payment of the debts. If not necessary for that purpose, it must be paid in the same manner and proportion as other

specific legacies.

1437. To make oath to inventory.—The inventory must be signed

by the appraisers, if any there be, and the executor or administrator

must take and subscribe an oath, before an officer authorized to administer oaths, that the inventory contains a true statement of all the estate of the decedent which has come to his knowledge and

possession, and particularly of all money belonging to the decedent,

and of all just claims of the decedent against the affiant. The oath

must be indorsed upon or annexed to the inventory.

Cross-Reference

Oath of appraisers, see section 1433 of this title. 1438. Letters may be revoked for neglect of administrator.—

If an executor or administrator neglects or refuses to return the

inventory within the time prescribed, or within such further time, not exceeding two months, which the court or judge shall, for reason517
T. 4, § 1439] THE CODE OF CIVIL PROCEDURE

able cause, allow, the court may, upon notice, revoke the letters testamentory or of administration, and the executor or administrator

is liable on his bond for any injury to the estate, or any person

interested therein, arising from such failure.

Cross-Reference

Inventory, time to return, see section 1431 of tliis title. 1439. Inventory of afterdiscovered property.—Whenever property not mentioned in an inventory that is made and filed, comes to the possession or knowledge of an executor or administrator, he must

cause the same to be appraised in the manner prescribed in this

article, and an inventory thereof to be returned within two months

after the discovery; and the making of such inventory may be

enforced, after notice, by attachment or removal from office. Ceoss-Reterence Enforcement by attachment, compare section 1415 of this title. 1440. Executor entitled to possess all of estate of decedent.—

The executor or administrator is entitled to the possession of all the

real and personal estate of the decedent, and to receive the rents and

profits of the real estate until the estate is settled or until delivered over by the order of the court to the heirs or devisees ; and must keep

in good tenantable repair all houses, buildings, and fixtures thereon

which are under his control. After the expiration of the time for

the presentation of claims, he is not entitled to recover the possession

of any property of the estate from any heir, who has succeeded to the property in his possession or from any devisee, or legatee, to whom the property has been devised or bequeathed, or from the

assignee of any such heir, devisee, or legatee, unless he proves that

the same is necessary for the payment of debts or legacies, or of

expenses of administration already accrued, or for distribution to some other heir, devisee, or legatee entitled thereto. The heirs or

devisees may themselves, or jointly with the executor or administrator, maintain an action for the possession of the real estate, or for

the purpose of quieting title to the same, against anyone except the

executor or administrator ; but this section shall not be so construed

as to require them so to do.

Ceoss-Refekences

Acts of a portion of executors valid, see section 1289 of this title. Possession of estate, see section 1521 of this title. Partnership property, see section 1525 of this title. Actions by executors, see sections 1451, and 1521 et seq., of this title. 1441. Executor or administrator to deliver real estate to heirs or

devisees.—Unless it satisfactorily appear to the court that the rents,

issues, and profits of the real estate for a longer period are necessary

to be received by the executor or administrator, wherewith to pay the

debts of the decedent, or that it will ]Drobably be necessary to sell the real estate for the payment of such debts, the court at the end

of the time limited for the presentation of claims against the estate, must direct the executor or administrator to deliver possession of all the real estate to the heirs at law or devisees.

518
THE CODE OF CIVIL PROCEDURE [T. 4, § 1453

*1 ARTICLE 2.—EMBEZZLEMExXT AND SURRENDER OF PROPERTY OF

ESTATE

Sec. 1451. Embozzling efifect.s of a decedont.

1452. Citation to person suspected of embezzlement, concealment, etc., of

Sec. 1453. Refusal to obey citation, penalty for, and for embezzlement ; may be

- , , -_ compelled to disclose by impiisonproperty, ment ; liable for double damages.

1454. Persons intrusted with estate of deI cedent may be cited to account. 1451. Embezzling effects of a decedent.—If any person embezzles, conceals, smuggles, or fraudulently disposes of any of the

moneys, goods, chattels, or effects of a decedent, he is chargeable

therewith, and liable to an action by the executor or administrator

of the estate for double the value of the property so embezzled, concealed, smuggled, or fraudulently disposed of, to be recovered for

the benefit of the estate. CkOS8-RE!FE31EN CB

Actions by executors, etc., generally, see sections 1440, 1453, and 1521 et seq., of this title. 1452. Citation to person suspected of embezzlement, concealment, etc., of property.—If any executor, administrator, or other

person interested in the estate of a decedent, complains to the district court or judge, on oath, that any person is suspected to have

concealed, embezzled, smuggled, or fraudulently disposed of any

moneys, goods, or chattels of the decedent, or has in his possession or knowledge any deeds, conveyances, bonds, contracts, or other

writings, which contain evidences of or tend to disclose the right,

title, interest, or claim of the decedent to any real or personal estate, or any claim or demand, or any lost will, the said court or judge

may cite such person to appear before such court, and may examine

him on oath upon the matter of such complaint. But if he appears

and is found innocent, his necessary expenses must be allowed him

out of the estate. 1453. Refusal to obey citation, penalty for, and for embezzlement may be compelled to disclose by imprisonment; liable for

double damages.—If the person so cited refuses to appear and submit to an examination, or to answer such interrogatories as may be

put to him, touching the matters of the complaint, the court may, by

warrant for that purpose, commit him to jail, there to remain in close custody until he submits to the order of the court or is discharged

according to law. If, upon such examination, it appears that he

has concealed, embezzled, smuggled, or fraudulently disposed of

any moneys, goods, or chattels of the decedent, or that he has in his

possession or knowledge any deeds, conveyances, bonds, contracts, or

other writings containing evidences of or tending to disclose the

right, title, interest, or claim of the decedent to any real or personal

estate, claim, or demand, or any lost Avill of the decedent, the court may make an order requiring such person to disclose his knowledge

thereof to the executor or administrator, and may commit him to

jail, there to remain until the order is complied with, or he is dis- charged according to law ; and all such interrogatories and answers must be in writing, signed by the party examined, and filed in the

519
T. 4, § 1454] THE CODE OF CIVIL PROCEDURE

court. In addition to the examination of the part}^, witnesses may be

produced and examined on either side. Cross-Keferencb

Contempt, see section 11G3 of this title. 1454. Persons intrusted with estate of decedent may be cited

to account.—The district court or judge, upon the complaint, on

oath, of any executor or administrator, may cite any person who

has been intrusted with any part of the estate of the decedent to appear before such court, and require him to render a full account, on oath, of any moneys, goods, chattels, bonds, accounts, or other

property or papers belonging to the estate, which have come to his

possession in trust for the executor or administrator, and of his

proceedings thereon; and if the person so cited refuses to appear

and render such account, the court may proceed against him as provided in the next preceding section.

CHAPTER 27.—PROVISION FOR THE SUPPORT OF THE FAMILY

Sec. 1461. Widow and minor children may re- main in possession of furniture and apparel. 1462. All property exempt from execution

to be set apart for use of family. 14G3. Notice of hearing ; to whom sent.

Sec. 1464. Court may make extra allowance.

1405. Payment of allowance.

1466. Property set apart, how apportioned.

1467. Administration of estate not exceed- ing $1,000 in value. 1468. When all property to go to children. Section 1461. Widow and minor children may remain in possession of furniture and apparel.—When a person dies leaving a widow or minor children, the widow or children, until letters are granted and the inventory is returned, are entitled to remain in po.ssession of all the wearing apparel of the family, and of all the

household furniture of the decedent, and are also entitled to a reasonable provision for their support, to be allowed by the district court or judge.

Ceoss-Refehences

Extra allowance, see section 1464 of this title. Olothing of decedent and household effects not exceedinj? in value $2,500

to go to surviving wife without administration, see title 3, section 649. 1462. All property exempt from execution to be set apart for use of family.—Upon the return of the inventory, or at any subsesequent time during the administration, the court may, on petition

therefor, set apart for the use of the surviving husband or wife, or, in case of his or her death, to the minor children of the decedent,

all the property exempt from execution.

1463. Notice of hearing; to whom sent.—When the petition mentioned in the next preceding section is filed the clerk of the court must set the petition for hearing by the court and give notice thereof

by causing notices to be posted in at least three public places in the

division, one of which must be at the place where the court is held,

containing the name of the decedent, the name of the petitioner, the

nature of the application, and the time at Avhich the same will be

heard. Such notice must be given at least ten days before the hearing, and a copy thereof must be mailed at least ten days before

520
TEE CODE OF CIVIL PROCEDURE [T.4, § 1467

the day appointed for the hearing to the executor or administrator,

if he be not the petitioner, and to any person named as coexecutor

or coadministrator not petitioning, and upon the attorney of any

person who has appeared or given notice of appearance (by an

attorney) in tlie estate as heir, legatee, devisee, next of kin, or

creditor, or as otherwise interested, addressed to them at their phices

of residence, or oiHce, if known, and if not known, then to the place

where the proceedings are pending. Proof of such posting and

mailing must be made at the hearing.

1464. Court may make extra allowance.—If the property set apart is insufficient for the support of the widow and children, or

either, the court or judge must take such reasonable allowance out of

the estate as shall be necessary for the maintenance of the family,

according to their circumstances, during the progress of the settle- ment of the estate, which, in case of an insolvent estate, must not

be longer than one year after granting letters testamentary or of

administration.

1465. Payment of allowance.—Any allowance made by the court

or judge, in accordance with the provisions of this chapter, must be

paid in preference to all other charges, except funeral charges and

expenses of administration ; and any such allowance whenever made,

may, in the discretion of the court or judge, take effect from the

death of the decedent.

1466. Property set apart, how apportioned.—When property is set apart to the use of the family, in accordance with the provisions

of this chapter, such property, if the decedent left a surviving spouse

and no minor child, is the property of such spouse. If the decedent

left also a minor child or children, the one half of such property

belongs to the surviving spouse, and the remainder to the child, or in

equal shares to the children, if there are more than one. If there is no surviving spouse, the whole belongs to the minor child or children.

Cross-Re!ference Where widow has a maintenance, see section 1468 of this title. 1467. Administration of estate not exceeding $1,000 in value.—

If a deceased person leave a widow or minor child or minor children

and upon the return of the inventory of the estate of such deceased

person it shall appear to the court or judge by the verified petition

of the personal representative of such deceased person or his widow

or of the guardian of his minor children or of any of them that the

net value of the whole estate of said deceased over and above all liens or encumbrances of record at the date of the death of said deceased

does not exceed the sum of $1,000, not including the property excepted

from administration under section 649 of title 3, the court, or judge,

shall, by order, require all persons interested to appear on a day fixed

to show cause why the whole of said estate should not be assigned for

the use and support of the family of the deceased.

Notice or hearing.—Notice thereof shall be given and proceedings

had in the same manner as provided in section 1463 of this title. Proceedikgs on hearing.—If upon the hearing, the court finds that

the net value of the estate over and above all liens or encumbrances

93083—34 34 521
T. 4, § 1468] TEE CODE OF CIVIL PROCEDURE

of record at the date of the death of said deceased does not exceed

the sum of $1,000, not including the property excepted from administration under section 649 of title 3, it shall, by decree for that purpose, assign to the widow of the deceased, if tfiere be a widow, or if there be no widow, then to the minor children of the deceased, if there be minor children, the whole of the estate, subject to whatever

mortgages, liens, or encumbrances there may be upon said estate at the time of the death of said deceased, after the payment of the

expenses of the last illness of the deceased, funeral charges, and

expenses of administration, and the title thereof shall vest absolutely

in such widow, if there is a widow, or if there is no widow, in the

minor children or child, subject to whatever mortgages, liens, or encumbrances there may be upon said estate at the time of the death

of the deceased, and there must be no further proceedings in the

administration, unless further estate be discovered.

1468. When all property to go to children.—If the widow has a maintenance derived from her own property equal to the portion set apart to her by the preceding sections of this chapter, the whole

property so set apart must go to the minor children.

CHAPTER 28.—CLAIMS AGAINST ESTATE

Sec. 1471. 1472.

1473. 1474.

1475.

1476.

1477. 1478. 1479.

1480. 1481.

1482.

Notice to creditors of decedents'

estates. Time expressed in the notice.

Bailing copy of printed notice to

creditors. Recording decree of notice to creditors. Claims not filed are barred. Claims must be sworn to. Claims to be allowed or rejected. Original instrument need not be

tiled with claim. Rejection of claim against estates. Claims barred by statute. Actions on claims. Time of limitation.

Sec. 1483. Action pending at decedent's death.

1484. Allowance in part. 1485. Effect of judgment against executor. 1486. .ludgment against decedent. 1487. Disputed claim may be referred to

referee. 1488. Trial by referee, how confirmed, and

its effect. 1489. Liability of executor, etc., for costs. 1490. Executor's claim. 1491. Executor neglecting to give notice to

creditors, to be removed.

1492. Statement of claims against estate. 1493. Payment of debts bearing interest. 1494. When claimant cannot be found ; de- posit with collector. Section 1471. Notice to creditors of decedents' estates.—Every

executor or administrator must, immediately after his letters are

issued, cause to be published in some newspaper of general circulation

in the Canal Zone, a notice to the creditors of the decedent, requiring

all persons having claims against said decedent to file them, with the

necessary vouchers, in the office of the clerk of the court, or to exhibit

them, with the necessary vouchers, to the executor or administrator,

at the place of his residence or business to be specified in the notice.

Such notice must be published not less than once a week for four

weeks. In case such executor or administrator resigns, or is removed,

before the time expressed in the notice, his successor must give notice

only for the unexpired time allowed for such filing or presentation:

Provided, however, That the publication may, in the discretion of the

court, be disj^ensed with, in which event the court may direct notice

by posting in three public places in the Canal Zone for a period of

four weeks.

Ceoss-Referencb

Publication of notice, how often, see section 1682 of this title. Removal of executor neglecting to give notice, see section 1491 of this title.

522
THE CODE OF CIVIL PROCEDURE [T. 4, § 147G 1472. Time expressed in the notice.—The time expressed in the

notice must be ten months after its first pubUcation, when the estate exceeds in value the sum of $10,000, and four months when it does

not.1473. Filing copy of printed notice to creditors.—Within thirty

days after the first publication of notice to creditors, the executor

or administrator must file or cause to be filed in the court a copy of

said notice to creditors accompanied by a statement, setting forth

the date of the first publication thereof and the name of the news- paper in which the same is printed, or the dates and places of posting, if the posting of notices be directed.

1474. Recording decree of notice to creditors.—After the notice

is given, as required by section 1471 of this title, a copy thereof, with

the affidavit of due publication or posting, must be filed and upon

such affidavit or other testimony to the satisfaction of the court, an

order or decree showing that due notice to creditors has been given,

and directing that such order or decree be entered in the minutes,

must be made by the court.Ceoss-Refebencb

Affidavit of publication of notice, see sections 2072 and 2073 of this title.

1475. Claims not filed are barred.—All claims arising upon contracts, whether the same be due, not due, or contingent, and all claims

for funeral expenses and expenses of the last sickness must be filed or presented within a time limited in the notice, and any claim not

so filed or presented is barred forever: Provided, hoioever, That

when it is made to appear by the affidavit of the claimant to the

satisfaction of the court, or judge, that the claimant had no notice

as provided in this chapter, by reason of being out of the Canal Zone,

it may be filed or presented at any time before a decree of distribution is entered.

A brief description of every claim filed must be entered by the

clerk in the register, showing the name of the claimant, the amount

and character of the claim, the rate of interest, if any, and the date

of filing. CR0SS-REFB2ffiNCE8

Action, none unless claim presented, see section 1481 of this title. Action pending at decedent's death, see section 1483 of this title. Contingent claims, see section 1596 of this title. Executor's claim, see section 1490 of this title. Judgment against decedent, see section 1486 of this title. Action on mortgage or lien, see section 1481 of this title. Claims barred by statute of limitations, see section 1480 of this title. Time of limitation, see section 14S2 of this title. 1476. Claims must be sworn to.—Every claim which is due, when

filed with the clerk, or presented to the executor or administrator,

must be supported by the affidavit of the claimant, or someone in

his behalf, that the amount is justly due, that no payments have

been made thereon which are not credited, and that there are no

offsets to the same, to the knowledge of the affiant. If the claim

523
T. 4, §1477] THE CODE OF CIVIL PROCEDURE

be not due when filed or presented, or be contingent, the particulars

of such claim must be stated. When the affidavit is made by a person other than the claimant, he must set forth in the affidavit the reason why it is not made by the claimant. The oath may be taken

before any officer authorized to administer oaths.

The executor or administrator may also require satisfactory

vouchers or proofs to be produced in support of the claim.

No greater rate of interest shall be allowed upon any claim after

its approval by the administrator or executor and judge than is allowed on judgments obtained in the district court. Cros8-Refebences Claim paid witliout affidavit and allowance, wlien allowed executor, see section 1578 of this title. Interest on claims, see sections 1493 and 1591 of this title. 1477. Claims to be allowed or rejected.—When a claim, accompanied by the affidavit required in this chapter, has been filed with

the clerk, the executor or administrator must allow or reject it, and

his allowance or rejection thereof must be in writing and filed with

the clerk. If the executor or administrator so allow the claim after

filing, the clerk must, immediately after the filing of such allowance,

present the claim, together with the allowance, to the judge, and

must at the time of such presentation indorse on the claim the date

thereof. The judge must indorse upon the claim so filed his allow- ance or rejection, with the date thereof. When a claim, accompanied

by the affidavit required in this chapter, is presented to the executor

or administrator before filing, he must indorse thereon his allowance

or rejection, with the day and date thereof. If he allows the claim

so presented, it must be presented to the judge for his approval,

who must in the same manner indorse upon it his allowance or rejection, and, if allowed, it must, within thirty days thereafter, be filed with the clerk. Refusal or neglect of executor to allow or reject claim.—

If, where a claim has been filed without presentation, the executor

or administrator refuse or neglect to file such allowance or rejection

for ten days after the claim has been filed, or if, where a claim has

been presented before filing, the executor or administrator refuse or neglect to indorse such allowance or rejection for ten days after the

claim has been presented to him, or if the judge refuse or neglect

to indorse such allowance or rejection for ten days after the claim

has been presented to him, such refusal or neglect may, at the option

of the claimant, be deemed equivalent to a rejection on the tenth

day ; and if the presentation be made before filing by a notary, the

certificate of such notary, under seal, shall be prima facie evidence

of such presentation and the date thereof.

Acting on claim after expiration of time to present.—If the

claim be filed with the clerk, or presented to the executor or administrator, before the expiration of the time limited for the filing or presentation of claims, the same is filed or presented in time, though

acted upon by the executor or administrator, and by the judge, after

the expiration of such time.

524
I THE CODE OF CIVIL PROCEDURE [T. 4, § 1479 Claim payable in particular kind of money.—If the claim is payable in a particular kind of money or currency, it shall, if allowed, be payable only in such money or currency.

Effect of allowance.—Every claim allowed by the executor or administrator and approved by the judge shall be ranked among

the acknowledged debts of the estate, to be paid in due course of

administration.

Entry or date of allowance.—The dates of allowance of every

such claim, together with the amount allowed, must be entered in

the register by the clerk after the allowance thereof by the judge.

Ceoss-Refeiren ces Payment of claims pro rata where estate insolvent, see section 1596 of this

title. Judge may approve claims in chambers, see section 27 of this title. Debts payable in particular kind of money, see sections 1370 and 1591 of this

title. 1478. Original instrument need not be filed with claim.—If the

claim be founded on a bond, bill, note, or any other instrument, the

original need not be filed or presented, but a verified copy of such

instrument with all indorsements must be attached to the statement

of the claim and filed therewith, and the original instrument must

be exhibited, if demanded by the executor or administrator or judge,

unless it be lost or destroyed, in which case the claimant must accom- pany his claim when filed or presented by his affidavit, containing a copy or particular description of such instrument, and stating its loss or destruction.

If the claim, or any part thereof, be secured by a mortgage or other

lien which has been recorded in the office of the registrar of property, it shall be sufficient to describe the mortgage or lien, and refer

to the date, volume, and page of its record.

If, in any case, the claimant has left any original voucher in the

hands of the executor or administrator, or suffered the same to be

filed with the clerk, he may withdraw the same, when a copy thereof

has been already, or is then, attached to his claim.

1479. Rejection of claim against estates.—^When a claim is re- jected either by the executor or administrator, or the judge, writ- ten notice of such rejection shall be given by the executor or administrator to the holder of such claim or to the person filing or presenting the same, and the holder must bring suit in the proper

court against the executor or administrator within three months

after the date of service of such notice if the claim be then due

or within two months after it becomes due, otherwise the claim shall be forever barred.

If the residence of the claimant is not known, and the same shall

be made to appear to the satisfaction of the court, the court shall

by its order require the notice to be served on the claimant by filing

with the clerk. Cross-Refeeences

Time for bringing suit, see section 1482 of this title. Statute of limitations, generally, see sections 82 to 113 of this title. Time for bringing action after death, see section 104 of this title.

525
T. 4, § 1480] THE CODE OF CIVIL PROCEDURE

1480. Claims barred by statute.—No claim must be allowed by

the executor or administrator, or by the district judge, which is barred by the statute of limitations. When a claim is presented

to the judge for his allowance, he may, in his discretion, examine

the claimant and others, on oath, and hear any legal evidence touching the validity of the claim.

Allowed claims not affected by statute of limitations.—No

claim against any estate which has been filed and allowed, or pre- sented and allowed, is affected by the statute of limitations, pending

the proceedings for the settlement of the estate. Ceoss-References

Vacancy in administration, statute of limitations does not run, see section 1482 of this title. Statute of limitations, see sections 81 et seq., of this title. 1481. Actions on claims.—No holder of any claim against an

estate shall maintain any action thereon, unless the claim is first filed with the clerk, or presented to the executor or administrator,

except in the following case: An action may be brought by any

holder of a mortgage or lien to enforce the same against the property of the estate subject thereto, where all recourse against any

other property of the estate is expressly waived in the complaint,

but no counsel fees shall be recovered in such action unless such

claim be so filed or presented.

1482. Time of limitation.—The time during which there shall be

a vacancy in the administration must not be included in any limitations herein prescribed.

Cross-Refekence

Allowed claims not affected by statute of limitations, see section 1480 of

this title. 1483. Action pending at decedent's death.—If an action is pending against the decedent at the time of his death, the plaintiff must

in like manner file his claim with the clerk, or present it to the executor or administrator for allowance or rejection, autlienticated

as required in other cases ; and no recovery shall be had in the action

unless proof be made of such filing or presentation.

Ckoss-Reifekence

Effect of judgment against executor, see section 1485 of this title. 1484. Allowance in part.—Whenever the executor or administrator or the judge shall act upon any claim that may be filed with

the clerk, or presented to the executor or administrator, and is willing

to allow the same in part, he must state in his allowance the amount

he is willing to allow. If the creditor refuse to accept the amount

allowed in satisfaction of his claim, lie shall recover no costs in any

action therefor brought against the executor or administrator, unless

he recover a greater amount than that offered to be allowed.

1485. Effect of judgment against executor.—A judgment ren- dered against an executor or administrator, upon any claim for

money against the estate of his testator or intestate, only establishes

the claim in the same manner as if it had been allowed by the execu526
TEE CODE OF CIVIL PROCEDURE [T. 4, § 1488

tor or administrator and the judge; and the judgment must be that

the executor or administrator pay, in due course of administration,

the amount ascertained to be due. A certified transcript of the original docket of the judgment must be filed among the papers of the

estate in court. No execution must issue upon such judgment, nor

shall it create an}' lien upon the property of the estate, or give to the

judgment creditor any priority of payment.

Cross-RefekbnCE Order of payment of claims and judgments, see sections 1591 to 1593 of this

title. 1486. Judgment against decedent.—Wlien any judgment has

been rendered for or against the testator or intestate in his lifetime, no execution shall issue thereon after his death, except as provided

in section 587 of this title. A judgment against the decedent for the

recovery of money must be filed with the clerk, or presented to the executor or administrator, like any other claim. If execution is actually levied upon any property of the decedent before his death,

the same may be sold for the satisfaction thereof ; and the officer making the sale must account to the executor or administrator for any

surplus in his hands. A judgment creditor having a judgment which was rendered against the testator or intestate in his lifetime, may

redeem any real estate of the decedent from any sale under foreclosure, or execution, in like manner and with like effect as if the

judgment debtor were still living.

1487. Disputed claim may be referred to referee.—If the executor or administrator doubts the correctness of any claim presented

to him or filed with the clerk, he may enter into an agreement in

writing with the claimant to refer the matter in controversy to some

disinterested person, to be approved by the court or judge. Upon

filing the agreement and approval of such court or judge, in the

office of the clerk of the court, the clerk must enter a minute of the

order referring the matter in controversy to the person so selected,

or, if the parties consent, a reference may be had in the court; and

the report of the referee, if confirmed, establishes or rejects the claim

the same as if it had been allowed or rejected by the executor or administrator and judge.

1488. Trial by referee, how confirmed, and its effect.—The ref- eree must hear and determine the matter, and make his report

thereon to the court in which his appointment is entered. The same

proceedings shall be had in all respects, and the referee shall have

the same powers, be entitled to the same compensation and subject

to the same control, as in other cases of reference. The court may

remove the referee, appoint another in his place, set aside or confirm

his report and adjudge costs, as in actions against executors or

administrators, and the judgment of the court thereon shall be as valid and effectual, in all respects, as if the same had been rendered

in a suit commenced by ordinary process. Cross-References

Reference, see sections 511 to 517 of this title. Fees of referees, see sections 990 and 1582 of this title. 527
T. 4, § 1489] THE CODE OF CIVIL PROCEDURE

1489. Liability of executor, etc., for costs.—"When a judgment is recovered, with costs, against any executor or administrator, lie shall be individually liable for such costs, but they must be allowed him in his administration accounts, unless it appears that the suit or proceeding in which the costs were taxed was prosecuted or defended

w^ithout just cause. 1490. Executor's claim.—If the executor or administrator is a creditor of the decedent, his claim duly authenticated by affidavit shall be filed with the clerk, and must be presented by the clerk for

allowance or rejection to the judge, who shall allow^ or reject it, and

its allowance by the judge is sufficient evidence of its correctness, and

it must be paid as other claims in due course of administration. If. however, the judge reject the claim, action thereon may be had

against the estate by the claimant, and summons must be served upon

the judge, who may appoint an attorney, at the expense of the estate, to defend the action. If the claimant recover no judgment, he must

pay all costs, including defendant's reasonable attorney's fees, to be

fixed by the court. Qross-Eefebbnce

Claim, see section 1475 of this title. 1491. Executor neglecting to give notice to creditors, to be re- moved.—If an executor or administrator neglects for two months

after his appointment to give notice to creditors, as prescribed by

this chapter, the court must revoke his letters, and appoint some other

person in his stead, equally or the next in order entitled to the

appointment.

Cross-Refeeence

Failure to give notice, creditor may recover on bond, see section 1598 of this

title. 1492. Statement of claims against estate.—At the same time at which he is required to return an inventory, the executor or administrator must also return a statement of all claims against the estate which have been filed with the clerk, or presented to the executor

or administrator, if so required by the court, or judge, and from time

to time thereafter he must present a statement of claims .subse- quently so filed or presented, if so required by the court or judge.

In all .such statements he must designate the names of the creditors,

the nature of each claim, when it became due, or w^ll become due, and

whether it was allowed or rejected by him, or not yet acted ui)on.

1493. Payment of debts bearing interest.—If there be any debt

of the decedent bearing interest, whether filed or not, or whether pre- sented or not, the executor or administi-ator may, by order of the

court, pay the amount then accumulated and unpaid, or any part

thereof, at any time when there arc sudicient funds properly applicable thereto, w^hether said claim be then due or not; and interest

shall thereupon cease to accrue upon the amount so paid.

Cross-References

Payment of debts of estate, generally, see sections 1591 et seq., of this title. Interest on claims, see sections 1^7(3 and lilOl of this title.

528
THE CODE OF CIVIL PROGEDVRE [T. 4, § 1501

1494. When claimant cannot be found; deposit with collector.—

Whenever any claim has been filed or presented and shall have been

approved by the executor or administrator and by the judge, but

the same has not been paid, and the estate i,s in all other respects

ready to be closed, if it be made to appear to the satisfaction of the

court or judge, by affidavit, or by testimony, taken in open court,

that the same cannot be, and has not been, paid because the claimant

cannot be found, the court or judge shall make an order fixing the

amount of said claim, with interest, if any, and directing the executor

or administrator to deposit the amount with the collector of the

Panama Canal, who shall give a receipt for the same, and who shall

be liable upon his official bond therefor. Such executor or administrator shall at once make the deposit in accordance with such order

of court and shall forthwith proceed to close up and settle such

estate. Upon the final settlement of his accounts, the receipt of such

collector shall be received as a proper voucher for the payment of

such claim, and shall have the same force and effect as if executed

by .such claimant.

Any person claiming to be entitled to any amount so deposited

with the collector, may, within five years after such deposit, petition

the court or judge for an order directing payment to the said claimant. A copy of such petition shall be served on the collector and

thereafter no such amount shall be covered into the Treasury of the

United States, as hereinafter directed, until so ordered by the court. If no one claims the amount, as herein provided, or if a claim be

made and disallowed and the court so directs, such amount devolves

to the United States and shall be covered into the Treasury by the

collector as miscellaneous receipts.

CHAPTER 29.—SALES AND CONVEYANCES OF PROPERTY OF

DECEDENTS

Sec. 1501. Estate chargeable with debts ; no

priority. 1502. Conflrmation of sales. 1503. Perishable and depreciating property to be sold. 1504. Sale of personal property by executor or administrator.

1505. Partnership interests and choses in

action, how sold. 1506. Order of sales.

Sec. 1507. Sale at public auction or private

sale. 1508. Executor and guardian may borrow

on chattel mortgage.

1509. When executor or administrator may

sell real property. 1510. Power of executor or guardian to borrow money upon unsecured

notes.

Section 1501. Estate chargeable with debts; no priority.—All

the property of a decedent shall be chargeable with the payment

of the debts of the deceased, the expenses of administration, and the

allowance to the family, except as otherwise provided in this title and in Title 3, The Civil Code. And the said property, personal

and real, may be sold in the manner prescribed in this chapter.

There shall be no priority as between personal and real property for

the purposes of this section.CROSS-REFEa&ENCES Order of appropriation of property for debts, see title 8, section 612. Sale of property specifically bequeathed, see title 3, section 616.

529
0?. 4, §1502] THE CODE OF CIVIL PROCEDURE

1502. Confirmation of sales.—All sales of property must be re- ported under oath to and confirmed by the court, before the title to the property passes. 1503. Perishable and depreciating property to be sold.—At any

time after receiving letters, the executor, administrator, or special

administrator may sell perishable and other personal property likely to depreciate in value, or which will incur loss or expense by being

kept, and so much other personal property as may be necessary to pay the allowance made to the family or the decedent. The executor,

administrator, or special administrator is responsible for the property unless, after making a sworn return, and on a proper showing,

the court shall approve the sale. Ceoss-Refeeence

Order for sale, see section 1506 of this title. 1504. Sale of personal property by executor or administrator.—

If claims against the estate have been allowed, and a sale of property is necessary for their payment, or for the expenses of administration, or for the payment of legacies, the executor or administrator

may sell all or so much of the personal property as may be necessary

therefor. He may also make a sale from time to time, so long as any personal property remains in his hands, and sale thereof is necessary. If it appear for the best interests of the estate, he may,

at any time after tiling the inventory, in like manner sell the whole

or any part of the personal property belonging to the estate, whether

necessary to pay debts or not. Such sale to take effect only upon

confirmation by the court. 1505. Partnership interests and choses in action, how sold.—

Partnership interests or interests belonging to any estate by virtue

of any partnership formerly existing, interest in personal property''

pledged, and choses in action, may be sold in the same manner as other personal property, when it appears to be for the best interest

of the estate. Before confirming the sale of any partnership interest,

whether made to the surviving partner or to any other person, the court or judge must carefully inquire into the condition of the partnership affairs, and must examine the surviving partner, if in the

Canal Zone and able to be present in court.

Cross-Rb3t:eencb Partnership interest, see section 1525 of this title. 1506. Order of sales.—In making orders and sales for the payment of debts or family allowance, such articles as are not neces- sary for the support and subsistence of the family of the decedent, or are not specially bequeathed, must be first sold. 1507. Sale at public auction or private sale.—The sale of personal

property may be made at public auction or private sale, for cash,

and after public notice given for at least ten days by notices posted

in three public places in the Canal Zone, or by publication in a news- paper of general circulation in the Canal Zone, or both, as the exec- utor or administrator may determine, containing the time and place

630
I

THE CODE OF CIVIL PROCEDURE [T. 4, § 1508

of sale, and a brief description of the property to be sold, unless the

property to be sold be perishable property, in which latter case at

least one day's notice by posting as aforesaid shall be given. Public

sales must be made at the courthouse door, or at some other public

place, or at the residence of the decedent ; but no sale shall be made

of any personal property which is not present at the time of sale,

unless the court shall otherwise order.

Cross-Rei'eeence

Notice by advertising, see section 16S2 of this title. 1508. Executor and guardian may borrow on chattel mortgage.—Whenever in any estate now being administered or that may

hereafter be administered or in any guardianship proceeding now

pending or that may hereafter be pending it shall appear to the

district court or judge to be for the advantage of the estate to bor- row and raise money upon a note or notes, to be secured by chattel

mortgage or other lien upon the personal property of any decedent

or of a minor or an incompetent person, or any part thereof, for

the purpose of paying the debts of such decedent or such minor or incompetent person, the court or judge as often as occasion therefor

shall arise in the administration of any estate or in the course of

any guardianship may authorize, empower, and direct the executors

or administrators or guardian of such minor or incompetent person

to mortgage such personal property, or any part thereof, or to give

other security by way of pledge or other lien upon such personal

propertj'', or any part thereof, and to execute a note or notes, to be

secured by such mortgage, pledge, or lien: Provided^ That in order

to obtain such authorization, the proceedings to be taken and the

effect thereof shall be as follows:

First. Verified petition.—The executor or administrator of any

estate, or guardian of any minor or incompetent person, or any

person interested in the estates of such decedents, minors, or incompetent persons, may file a verified petition showing

1. The particular purpose or purposes for which it is proposed to make the note or notes and the chattel mortgage or other lien, which

shall be either to maintain the ward and his family or to maintain

and educate the ward when a minor, or to pay the debts, legacies, or charges of administration, or to paj'', reduce, extend, or renew some lien or mortgage already subsisting on said property or some

part thereof.

2. A statement of the facts and circumstances showing the insuffi- ciency of the income of the estate under guardianship to maintain

the ward and his family or to maintain and educate the ward when

a minor and the debts, legacies, charges of administration, liens, or mortgages to be paid, reduced, extended, or renewed, as the case may be.

3. The advantage that may accrue to the estate from raising the

required money by note or notes and mortgage or other lien, or providing for the payment, reduction, extension, or renewal of the

subsisting liens or mortgages, as the case may be.

4. The amount to be raised, with a general description of the

property proposed to be mortgaged; and,

681
T. 4, §1508] TEE CODE OF CIVIL PROCEDURE

5. The names of the legatees and the devisees, if any, and of the

heirs of the deceased, or of the minor, or of the incompetent person,

as the case may be, so far as known to the petitioner.

Second. Upon filing such petition, an order shall be made by the court or judge, requiring all persons interested in the estate to appear before the court or judge, at a time and place specified, not

less than four nor more than ten weeks thereafter, then and there

to show cause why the property (briefly indicating it), or some part

thereof, should not be hypothecated for the amount mentioned in the petition (stating such amount), or such lesser amount as to the court or judge shall seem meet, and referring to the petition on

file for further particulars.

Third. The order to show cause may be personally served on the

persons interested in the estate, at least ten days before the time

appointed for hearing the petition, or may be published for four

successive weeks in a newspaper of general circulation in the Canal

Zone.

Fourth. Peoceedings tjpon hearing.—Upon the hearing of the

order to show cause, having first received satisfactory proof of per- sonal service or publication of the order to show cause, the court or judge must proceed to hear the petition and any objections that may

be filed or presented thereto. Upon such hearing, witnesses may be

compelled to attend and testify, in the same manner, and with like

effect, as in other cases; and if, after a full hearing, the court or judge is satisfied that it will be for the advantage of the estate to hypothecate the whole or any portion of the property, an order

must be made authorizing, empowering, and directing the executor

or administrator, or the guardian of such minor or incompetent

person, to make such mortgage, pledge, or other lien, and a promissory note or notes to the lender, for the amount of the loan, to be

secured by said mortgage or other lien. What order mat prescribe.—The order may direct that a lesser amount than that named in the petition be borrowed, and may prescribe the maximum rate of interest and period of the loan, and may

direct in what coin or currency it shall be paid, and require that

the interest and the whole or any part of the principal be paid, from

time to time, out of the whole estate or any part thereof.

Fifth. Execution oj note and mortgage.—After the making of

the order to mortgage, the executor, administrator, or guardian of a minor or of an incompetent person shall execute and deliver a promissory note or notes for the amount and period specified in the order,

anci shall execute a mortgage, pledge, or other lien setting forth

therein that it is made by authority of the order, and giving the

date of such order. The note or notes and mortgage or other lien shall be signed by the executor, administrator, or guardian as such,

and shall create no personal liability against the person so signing.

Sixth. Every note or notes and mortgage or other lien so nuule

shall be effectual to mortgage and hypothecate all the right, title, and

interest which the decedent, minor, or incompetent person has in the property described therein.

No irregularity in the proceedings shall impair or invalidate the same or the note or notes and mortgage or other lien given in the

532
THE CODE OF CIVIL PROCEDURE [T. 4, § 1510 pursuance thereof, and the mortgagee, his heirs and assigns, shall have and possess the same rights and remedies on the note or notes and mortgage or other lien as if it had been made by the decedent

prior to his death, the minor after reaching the age of maturity,

or the incompetent person when legally competent.

Deficiency on foreclosure.—Provided^ however, That upon any

foreclosure, if the proceeds of the encumbered property are insuffi- cient to pay the note or notes, and mortgage, or other lien, no judgment or claim for any deficiency of such proceeds to satisfy the note or notes and mortgage, or the costs or expenses of sale, shall be

had or allowed, except in cases where the note or notes and mortgage

were given to pay, reduce, extend, or renew a lien or mortgage subsisting on the property, or some part thereof, at the time of the death

of the decedent, and the indebtedness secured by such lien or mortgage was an allowed and approved claim against his estate, or a lien upon the inter -st of the minor in said property at the time it vested

in him, or upon the estate of the incompetent at the time the in- competency of the incompetent person was so declared by the court: And 2>rovided also, That in cases affecting the estate of the deceased

persons, the part of the indebtedness remaining unsatisfied must be

classed and paid with other demands against the estate, as provided

in sections 1591 to IGOl of this title, with respect to mortgages and

other liens subsisting at the time of death.

1509. When executor or adminstrator may sell real property.—

AVhen it is for the advantage, benefit, and best interests of the estate, and those interested therein, that the real estate, or some part thereof, or interest therein be sold, the executor or administrator may sell the same under such terms, conditions, and in the manner prescribed

by the court. CROSS-ReFEKENCE

Sale of realty authorized, see section 1501 of this title. 1510. Power of execiitcr or guardian to borrow money upon

unsecured notes.—Whenever in any estate now being administered

or that may hereafter be administered, or in any guardianship proceeding now pending, or that may hereafter be pending, it shall

appear to the court or judge having jurisdiction of said estate, or

said minor or incompetent person, to be for the advantage, benefit, or best interest of the estate of said minor or incompetent person,

to borrow money upon a note or notes, without being secured, the

court or judge, as often as occasion therefor shall arise in the administration of any estate, or in the course of any guardianship, may

upon petition and notice of hearing, as provided in this section,

autliorize, empower, and direct the executor or administrator or guardian of such minor or incompetent person, to execute a note or

notes, without security.

The proceeding to be taken to obtain an order to borrow said

money and execute said note or notes shall be as follows

First. The executor, or administrator of any estate, or guardian of

any minor or incompetent person must file a verified petition

showing,

533
T. 4, §1510] TEE CODE OF CIVIL PROCEDURE

(a) The particular purpose or purposes for which it is proposed

to borrow said money, and the purpose or purposes for which it is to be used.

(b) The advantage or advantages that may accrue to said estate from borrowing said money and executing said note or notes.

(c) The amount of money to be borrowed, the rate of interest to be paid, and the length of time said note or notes are to run. Second. Upon filing such petition, the clerk of the court shall fix a day for hearing the same hy the court. Third. The petitioner shall cause notice of the hearing to be

mailed, postage prepaid, to the heirs at law of said decedent, and to the devisees and legatees resident in the Canal Zone, and to the nearest relatiA^es of said minor or incompetent person, resident in the

Canal Zone, at least ten days before the hearing, addressed to them

at their respective post-office addresses, if known. Otherwise, at the

place where the proceedings are pending.

Fourth. At the time and place appointed for said hearing, or at such other time and place to which the hearing may be postponed

by the court, the court must proceed to hear the petition, and any

objections that may be filed or presented thereto, and, if, after a full hearing, the court is satisfied that it will be for the advantage, benefit, or best interest of the estate of said decedent, or of said minor or incompetent person, to borrow said money, and execute said note

or notes, without security, an order must be made, authorizing, emjDowering, and directing the executor, or administrator, or the

guardian of such minor or incompetent person to borrow said money,

and to make and execute said note or notes, without security, specifying in said order the amount that may be borrowed, the rate of

interest that is to be paid, and the length of time that said note or

notes are to run. Fifth. After the making of the order to borrow said money and

execute said note or notes, the executor, administrator, or guardian

of the minor or incompetent person, shall execute and deliver a promissory note or notes, without security, for the amount, at the

rate of interest, and for the period prescribed in said order, and

said note or notes shall be signed by the executor, or administrator

or guardian, as such, and shall create no personal liability against

the person so signing.

Sixth. Any note or notes so signed and executed, shall be effectual

to create a valid obligation and debt against said estate, or said

minor or incomiDetent person, and shall be pa37able out of the funds

of said estate, and said note or notes shall specify that it is made by

authority of such order, giving the date thereof.

S34
THE CODE OF CIVIL PROCEDURE [T. 4, § 1524 CHAPTER 30.—POWERS AND DUTIES OF EXECUTORS AND

ADMINISTRATORS, AND MANAGEMENT OF ESTATES

Sec. 1527. What executors are not psirtles to actions. 152S. May compound.

1529. Recovery of property fraudulently

(lispcsetl of by testator. 1530. When executor to sue, as provided

In preceding section. 1531. Disposition of estate recovered. 1532. Court may order funds deposited. 1533. lnvcstm(>nt of moneys of estate pending settlement.

Sec. 1521. Executor to take possession of the

entire estate. 1522. Actions may be maintained by and

against executors and administrators. 1523. May maintain actions for waste, conversion, and trespass. 1524. Executor and administrator may be sued for waste or trespiss of de- cedent. 1525. Surviving partner to settle up busi- ness ; interest therein to he ap- praised : account to lie rendered.

1526. Actions on bond of osocutor cr ad- ministrator may be l)rought by fin- other administrator. Section 1521. Executor to take possession of the entire

estate.—The executor or administrator must take into his possession

all the estate of the decedent, real and personal, and collect all debts

due to the decedent or to the estate. For the purpose of bringing

suits to quiet title, or for partition of such estate, the possession of

the executors or administrators is the possession of the heirs or

devisees; such possession by the heirs or devisees is subject, however,

to the possession of the executor or administrator, for the purposes

of administration, as provided in chapters 23 to 36 of this title. CeOSS-REFERENCES

Possession of estate by executor, etc., see section 1440 of this title. Liability for failure to collect debts, see section 1564 of this title. Suits by and against executor, see sections 1522 to 1527 of this title.

1522. Actions may be maintained by and against executors and

administrators.—Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or

to determine any adverse claim thereon, and all actions founded

upon contracts, may be maintained by and against executors and

administrators in all cases in which the same might have been maintained by or against their respective testators or intestates. Cross-References

Suits by executors and administrators after substitution, see section 141

of this title. Suits without joining beneficiaries, see section 124 of this title.

1523. May maintain actions for waste, conversion, and tres- pass.—Executors and administrators may maintain actions against

any person who has wasted, destroyed, taken, or carried away, or converted to his own use, the goods of their testator or intestate,

in his lifetime. They may also maintain actions for trespass committed on the real estate of the decedent in his lifetime.

1524. Executor and administrator may be sued for waste or

trespass of decedent.—Any person or his personal representatives

maj^ maintain an action against the executor or administrator of

any testator or intestate who in his lifetime has wasted, destroyed,

taken, or carried away, or converted to his own use, the goods or

535
T. 4, § 1525] THE CODE OF CIVIL PROCEDURE

chattels of any such person, or committed any trespass on the real estate of such person.

1525. Surviving partner to settle up business; interest therein

to be appraised; account to be rendered.—"Wlien a partnership

exists between the decedent, at the time of his death, and any

other person, the surviving partner has the right to continue in

possession of the partnership, and to settle its business, but the

interest of the decedent in the partnership must be included in

the inventory, and be appraised as other property. The surviving

partner must settle the affairs of the partnership without d?lay,

and account with the executor or administrator, and pay over such

balances as may from time to time be payable to him, in right of

the decedent. Upon the application of the executor or administratoj-,

the court, or a judge thereof, maj', whenever it appears necessary, order the surviving partner to render an account, and in case of

neglect or refusal may, after notice, compel it by attachment; and

the executor or administrator may maintain against him any action

which the decedent could have maintained.

Cross-Refekence

Interest of decedent in partnership may be sold, see stctiou 1505 of this title.

1526. Actions on bond of executor or administrator may be

brought by another administrator.—^An administrator may, in his

own name, for the use and benefit of all parties interested in the

estate, maintain actions on the bond of an executor, or of any former

administrator of the same estate. Cross-Refebences

Bond of executor or administrator, see sections 1352 et seq. of this title. Personal representative as a party, see section 124 of this title. 1527. What executors are not parties to actions.—In actions by

or against executors, it is not necessary to join those as psirties to whom letters were issued, but who have not qualified.

Cross-Refekence

Beneficiaries need not be joined, see section 124 of this title. 1528. May compound.—Whenever a debtor of the decedent is unable to pay all his debts, the executor or administrator, with the

approbation of the court or judge, may compound with him and give

him a discharge, upon receiving a fair and just dividend of his

effects. A compromise may also be authorized when it appears to be

just, and for the best interest of the estate. 1529. Recovery of property fraudulently disposed of by testator.—When there is a deficiency of a.ssets in the liaiids of an executor or administrator, and when the decedent, in his lifetime, has

conveyed any real estate, or any rights or interests therein, with

intent to defraud his creditors, or to avoid any right, debt, or duty

of any person, or has so conveyed such estate that by law the deeds or conveyances are void as against creditors, the executor or adminis53G
THE CODE OF CIVIL PROCEDURE [T. 4, § 1533

Irator must commence and prosecute to final judgment any proper

action for the recovery of the same ; and may recover for the benefit

of the creditor all such real estate so fraudulently conveyed; and

ma}' also, for the benefit of the creditors, sue and recover all goods,

chattels, rights, or credits which have been so conveyed by the

decedent in his lifetime, whatever may have been the manner of

such fraudulent conveyance.

Cboss-References

Suit without joining beneficiaries, see section 124 of this title. Fraudulent conveyances, see sections 561 to 569, 1530 and 1531 of this title. 1530. When executor to sue, as provided in preceding section.—

No executor or administrator is bound to sue for such estate, as mentioned in the next preceding section, for the benefit of the creditors, unless on application of creditors, who must pay such part of

the costs and expenses of the suit, or give such security to the executor or administrator therefor, as the court or judge shall direct. 1531. Disposition of estate recovered.—All real estate so recov- ered must be sold for the payment of debts, in the same manner as

if the decedent had died seised thereof, upon obtaining an order

therefor from the court; and the proceeds of all goods, chattels,

rights, and credits so recovered must be appropriated in payment of

the debts of the decedent in the same manner as other property in the

hands of the executor or administrator. The remainder of the proceeds, after all the debts of the decedent have been paid, must be paid

to the person from whom such property was recovered.

1532. Court may order funds deposited.—The court is empowered to order any executor or administrator to deposit any or all funds of an estate, coming into his hands, in a bank or banks, or other depositary, to be designated by the court. The deposit shall

be made in the name of the executor or administrator with a designation of his fiduciary capacity. The court may direct the executor

or administrator to deposit any or all of such funds in an interestbearing account: Provided^ however^ That nothing in this section

shall be construed to relieve any executor or administrator from any

duty otherwise imposed by law.

1533. Investment of moneys of estate pending settlement.—

Pending the settlement of any estate, on the petition of any person

interested therein, and upon good cause shown therefor, the court may order any money in the hands of the executors or administrators

to be invested for the benefit of the estate in securities of the United

States. Such order can only be made after ten days' notice of the hearing

of the said petition, by notice posted in three public places in the

Canal Zone, or by publication in a newspaper of general circulation

therein, or both, as the court or judge shall direct.

93083—34 35 537
T. 4, § 1541] THE CODE OF CIVIL PROCEDURE

CHAPTER 31.—CONVEYANCE OF REAL ESTATE AND TRANSFER OF

PERSONAL PROPERTY BY EXECUTORS AND ADMINISTRATORS

IN CERTAIN CASES

Sec. 1541. Executor or administrator to complete

contracts for sale of real or persiinal property.

1542. Petition for executor or administrator to make conveyance or transfer and notice of hearing. 1543. Interested parties may contest. 1544. Docree authorizing conveyance.

1545. Execution of conveyance or transfer, and the recording of the order

therefor.

Sec. 154G. Rights of petitioner to enforce the

contract. 1547. Effect of conveyance or transfer. 1548. Effect of recording a copy of the

docree. 1549. Recording of the decree does not su- persede power of court to enforce it. 1550. Where party to whom conveyance or transfer to be made is dead.

1551. Decree may direct possession to be

surrendered. Section 1541. Executor or administrator to complete contracts

for sale of real or personal property.—^Vlien a person who is bound

by contract in writing to convey any real estate, or to transfer any

personal property, dies before making conveyance or transfer, and

in all cases when such decedent, if living, might be compelled to make such conveyance or transfer, the court having jurisdiction of

the probate proceedings of the estate of such decedent, may make

a decree authorizing and directing the executor or administrator of

such deceased person to convey or transfer such real estate or per- sonal property to the person entitled thereto.

Cross-Refebence

Completion of contract of person becoming insane, see section 1821 of tliis title. 1542. Petition for executor or administrator to make convey- ance or transfer and notice of hearing.—On the presentation of a

verified petition by the executor or administrator, or by any person

claiming to be entitled to such conveyance from an executor or administrator, setting forth the facts upon which the claim is predicated, the court or judge shall appoint a time and place for

hearing the petition, and shall order notice thereof to be served on

the executor or administrator personally when he is not the petitioner, and to be published at least once a week for four successive

weeks before such hearing, in a newspaper of general circulation in

the Canal Zone.

Ceoss-Refekences

Verification of pleadings, see section 241 of this title. Publication of notice, see section 1682 of this title. 1543. Interested parties may contest.—At the time and place

appointed for the hearing, or at such other time to which the same may be postponed, upon satisfactory proof by affidavit or otherwise, of the due publication of the notice, the court shall proceed to hear the said petition, and all persons interested in the estate may

appear and contest such petition, by filing their objections in writing, and the court may examine, on oath, the petitioner and all who

may be produced before him for that purpose.

1544. Decree authorizing conveyance.—If after a full hearing

upon the petition and objections and examination of the facts and circumstances of the claim, the court is satisfied that the con538
THE CODE OF CIVIL PROCEDURE [T. 4, § 1551

veyance of the real estate described in the petition to the party

entitled thereto should be made, a decree authorizing and directing

the executor or administrator to execute a conveyance thereof to the party entitled thereto must be made,

1545. Execution of conveyance or transfer, and the recording

of the order therefor.—The executor or administrator nmst execute

the conveyance or transfer according to the directions contained in the decree, which decree shall be prima facie evidence of the correct- ness of the proceedings, and of the authority of the executor or administrator to make the conveyance or transfer.

1546. Rights of petitioner to enforce the contract.—If upon the

hearing, as hereinbefore provided, the right of the petitioner to have a specific performance of the contract is found to be doubtful,

the court must dismiss the petition without prejudice to the rights

of the petitioner, who may, at any time within six months after such

dismissal, proceed by action to enforce a specific performance thereof.

1547. Effect of conveyance or transfer.—Every conveyance or

transfer made in pursuance of a decree as provided in this chapter,

shall pass title to the property contracted for, as fully as if the

contracting party himself was still living, and executed the convey- ance or transfer.

1548. Effect of recording a copy of the decree.—A copy of the

decree for a conveyance or transfer as provided in this chapter,

duly certified and recorded in the ojSice of the registrar of property,

gives the person entitled to the conveyance or transfer a right to the possession of the property contracted for, and to hold the same

according to the terms of the intended conveyance or transfer, in

like manner as if the same had been conveyed or transferred in

pursuance of the decree.

1549. Recording of the degree does not supersede power of

court to enforce it.—The recording of any decree, as provided in the next preceding section shall not prevent the court making the

decree from enforcing the same by other process. 1550. Where party to whom conveyance or transfer to be made

is dead.—If the person entitled to the conveyance or transfer dies

before the commencement of the proceedings therefor under this

chapter, or before the completion of the conveyance or transfer,

any person entitled to succeed to his rights in the contract, or the executor or administrator of such decedent, may, for the benefit of

the person so entitled, commence such proceedings or prosecute any

already commenced, and the conveyance or transfer must be so made as to vest the property in the person or persons entitled thereto, or in the executor or administrator, for their benefit. 1551. Decree may direct possession to be surrendered.—The

decree provided for in this chapter may direct the possession of the

property therein described to be surrendered to the person entitled

thereto, upon his producing a certified copy of the decree, when, by

the terms of the contract, possession is to be surrendered.

539
T. 4, § 1561] THE CODE OF CIVIL PROCEDURE

CHAPTER 32.—ACCOUNTS RENDERED BY EXECUTORS AND

ADMINISTRATORS, AND PAYMENT OF DEBTS

Art. Sec.

1. Liabilities and compensation of executors and administrators 1561

Art. Sec.

2. Accounting and settlements by ex- ecutors and administrators 1571

y. Pajmcnt of debts of estate 1591 ARTICLE 1.—LIABILITIES AND COMPENSATION OF EXECUTORS

AND ADMINISTRATORS

Sec. 1561. 1562.

1563. (564.

l565.

When executor or administrator per- sonally liable. Executor to be charged with all estate, etc. Not to profit or lose by estate. Uncollected debts without fault. Expenses of executors.

Sec. 1566. Not to purchase claims against the

estate. 1567. Executors and administrators ; commissiuns allowed to. 1568. Allowed fees for attorneys ; extraor- dinary services.

Section 1561. When executor or administrator personally

liable.—No executor or administrator is chargeable upon any special

promise to answer in damages or to pay the debts of the testator or

intestate out of his own estate, unless the agreement for that purpose,

or some memorandum or note thereof, is in w^riting and signed by

such executor or administrator, or by some other person by him thereunto specially authorized in writing.

Cross-Rei-ekence

Personal liability of executor, see section 1597 of this title. 1562. Executor to be charged with all estate, etc.—Every executor and administrator is chargeable in his account with the whole of

the estate of the decedent which may come into his possession at the

value of the appraisement contained in the inventory, except as provided in the following sections, and with all the interest, profit, and

income of the estate. 1563. Not to profit or lose by estate.—He shall not make profit

by the increase, nor suffer loss by the decrease, or destruction, without his fault, of any part of the estate. He must account for the

excess when he sells any part of the estate for more than the appraisement, and if any is sold for less than the appraisement, he is not

responsible for the loss, if the sale has been justly made.

1564. Uncollected debts without fault.—No executor or administrator is accountable for any debts due to the decedent, if it appears that they remain uncollected without his fault. 1565. Expenses of executors.—The executor or administrator

shall be allowed all necessary expenses in the care, management, ami

settlement of the estate, and for his services such fees as provided

by this chapter; but when the decedent, by his will, makes some

other provision for the compensation of his executor, that shall be a

full compensation for his services, unless by a written instrument,

filed in the court, he renounces all claim for compensation provided

for in the will. Allowance upon commissions.—At any time during the administration any executor or administrator, may, upon such notice to the other parties interested in the estate as the court shall by order

540
THE CODE OF CIVIL PROCEDURE [T. 4, § 1567

require, apply to the court for an allowance to himself upon his

commissions, and the court shall on the hearing of such application

make an order allowing such executor or administrator such portion

of his commissions as to the court shall seem proper, and the portion

so allowed may be thereupon charged against the estate. Allowance to attorney upon fee.—Any attorney who has ren- dered services to an executor or administrator may at any time during the administration, and upon such notice to the other parties

interested in the estate as the court shall by order require, apply to the court for an allowance to himself, of compensation therefor, and

the court shall on the hearing of such application make an order

requiring the executor or administrator to pny such attorney out

of the estate such compensation on account of services rendered by

such attorney up to the date of such order as to the court shall seem

proper, and such payment shall be forthwith made.

Cboss-Refekences

Compensation for services, see section 1567 of this title. Costs, see section 1489 of this title. 1566. Not to purchase claims against the estate.—No administrator or executor shall purchase any claim against the estate he

represents; and if he pays any claim for less than its nominal value

he is only entitled to charge in his account the amount he actually

paid.

1567. Executors and administrators; commissions allowed to.—

^Yhen no compensation is provided by the will, or the executor re- nounces all claim thereto, he must be allowed commissions upon the

amount of estate accounted for by him, as follows : for the first $1,000, at the rate of 7 percent; for the next $9,000, at the rate of

4 percent ; for the next $10,000, at the rate of 3 percent ; for the next

$30,000, at the rate of 2 percent ; for the next $50,000, at the rate of

1 percent; and for all above $100,000, at the rate of one half of 1 percent. If there are two or more executors the compensation shall

be apportioned among them by the court according to the services

actually rendered by them respectively. The same commissions shall

be allowed to administrators. In all cases, such further allowance

may be made as the court may deem just and reasonable for any

extraordinary service, but the total amount of such extra allowance

must not exceed one half of the amount of conunissions allowed by this

section. Where the property of the estate is distributed in kind, and

involves no labor beyond the custody and distribution of the same,

the commission shall be computed on all the estate above the value

of $20,000, at one half of the rates fixed in this section. Public administrators shall, subject to the provisions of section 1715 of this

title, receive the same compensation and allowances as are allowed

in this title to other administrators. All contracts between an executor or administrator and an heir, devisee, or legatee, for a higher

compensation than that allowed by this section, shall be void. When

the executor or administrator is an attorney he shall not be allowed

to charge against the estate any professional fees, as such, for services rendered by himself.

541
T. 4, § 1568] THE CODE OF CIVIL PROCEDURE

1568. Allowed fees for attorneys; extraordinary services.—Attorneys for executors and administrators shall be allowed out of

the estate as fees for conducting the ordinary probate proceedings

such reasonable sum as the court may allow which shall be not in excess of such amounts as are allowed by the next preceding section

as compensation for executors and administrators for their own

services. In all cases such further allowance may be made as the court may deem just and reasonable for any extraordinary services

such as sales or mortgages of real estate, contested or litigated

claims against the estate, litigation in regard to the property of the

estate, and such other litigation as may be necessary for the executor

or administrator to prosecute or defend.

ARTICLE 2.—ACCOUNTING AND SETTLEMENTS BY EXECUTORS AND

ADMINISTRATORS

Sec. 1580. When settlement is final, notice must

so state. 15S1. Interested party may file exceptions

to account.

1582. All matters may be contested by the

heirs ; hearing may be postponed.

1583. Settlement of accounts to be conclusive, when and when not. 1584. Proof of notice of settlement of ac- counts. 1585. Deceased executor's or guardian's

accounts.

Sec. 1571. Executor's exhibit of money received,

etc. 1572. Objections to account, who may file. 1573. Attachment for not obeying citation. 1574. Executor's report. 1575. Executor to account after his authority revoljed. 1576. Revoking authority of executor, when.

1577. To produce and file vouchers, which

remain in court. 1578. Expenditures less than $20 may be allowed executors without vouchers. 1579. Day of settlement to be appointed

clerk must give notice thereof

hearing on settlement. 1571. Executor's exhibit of money received, etc.—Wlien re- quired by the court, either upon its own motion or upon the application of any person interested in the estate, the executor or administrator must render an exhibit under oath, showing the amount of

money received and expended by him, the amount of all claims filed or presented against the estate, and the names of the claimants, and

all other matters necessary to show the condition of its affairs. Cross-Refeeence

Report and accounting by executor, see section 1574 of this title.

1572. Objections to account, who may file.—Wiicn an exhibit is rendered by an executor or administrator, any person interested may

appear and, by objections in writing, contest any account or state- ment therein contained. The court may examine the executor or administrator, and if he has been guilty of neglect, or has wasted,

embezzled, or mismanaged the estate, his letters must be revoked.

Cross-Refekences

Any person interested, see section 1581 of this title. Revocation for misconduct, see sections 1411 et seq., of this title.

1573. Attachment for not obeying citation.—If any executor or administrator neglects or refuses to appear and render an exhibit,

after having been duly cited, an attachment may be issued against

542
THE CODE OF CIVIL PROCEDURE [T. 4, § 1577 him and such exhibit enforced, or his letters may be revoked, in the

discretion of the court. CrOSS-REI-ERENCES Contempt, see section 1163 of this title. Attacliment of executor, see sections 1574 and 1576 of tliis title. 1574. Executor's report.—Within thirty days after the expiration of the time mentioned in the notice to creditors within which

claims must be filed or exhibited every executor or administrator

must render a full account and report of his administration. If he

fails to present his account the court or judge must compel the ren- dering of the account by attachments, and any person interested in

the estate may apply for and obtain an attachment; but no attachment must issue unless a citation has been first issued, served, and

returned, requiring the executor or administrator to appear and show

cause why an attachment should not issue. Every account must

exhibit all debts which have been filed and allowed during the period

embraced in the account.

Cross-Refekences Account of administration, final, see sections 1595 and 1600 of this title. Judge may receive at chambers, see section 27 of this title. Exhibit of condition of estate, see section 1571 of this title. 1575. Executor to account after his authority revoked.—When

the authority of an executor or administrator ceases, or is revoked

for any reason, he may be cited to account before the court, at the

instance of the person succeeding to the administration of the same

estate, in like manner as he might have been cited by any person

interested in the estate during the time he was executor or administrator. Cross-Refeeence

Account after authority ended, see section 1391 of this title. 1576. Revoking authority of executor, when.—If the executor

or administrator resides out of the Canal Zone, or absconds, or conceals himself, so that the citation cannot be personally served, and

neglects to render an account within thirty days after the time prescribed in this article, or if he neglects to render an account within

thirty days after being committed where the attachment has been

executed, his letters must be revoked.

CROSa-RBFEBENCEB Compare section 1414 of this title. Attachment of executor, see sections 1573 and 1574 of this title. 1577. To produce and file vouchers, which remain in court.—In

rendering his account, the executor or administrator must produce

and file vouchers for all charges, debts, claims, and expenses which

he has paid, which must remain in the court; and he may be examined on oath touching such payments, and also touching any property and effects of the decedent, and the disposition thereof. When

any voucher is required for other purposes, it may be withdrawn on

543
T. 4, §1578] THE CODE OF CIVIL PROCEDURE

leaving a certified copy on file ; if a voucher is lost, or for other good

reason cannot be produced on the settlement, the payment may be

proved by the oath of any competent witness.

Ceoss-Reiference

Vouchers required of claimant, see section 1476 of this title.

1578. Expenditures less than $20 may be allowed executors

without vouchers.—^On the settlement of his account he may be

allowed any item of expenditure not exceeding $20, for which no

voucher is produced, if such item be supported by his own uncontradicted oath positive to the fact of payment, specifying when, where,

and to whom it was made ; but such allowances in the whole must not exceed $500 against any one estate. Lost or destroyed vouchers.—If it appears by the oath to the

account and is proven by competent evidence to the satisfaction

of the court, that a voucher for any disbursement or disbursements

whatsoever has been lost or destroyed, and that it is impossible

to obtain a duplicate thereof, and that such item or items were paid

in good faith and for the best interests of the estate, and such item or items were legal charges against said estate, then the executor or administrator shall be allowed such item or items.

Payments or debts without affidavit and allowance.—If, upon

such settlement of accounts, it appears that debts against the deceased

have been paid without the affidavit and allowance prescribed by

statute or sections 1476 and 1477 of this title, and it shall be ]M-oven

by competent evidence to the satisfaction of the court that f uch debts were justly due, were paid in good faith, that the amount paid was

the true amount of such indebtedness over and above all payments or

set-offs, and that the estate is solvent, it shall be the duty of the said court to allow the said sums so paid in the settlement of said accounts. 1579. Day of settlement to be appointed; clerk must give notice

thereof; hearing on settlement.—When any account is rendered for

settlement, the clerk of the court must appoint a day for the

settlement thereof, and thereupon give notice thereof by causing

notices to be posted in at least three public places in the Canal Zone,

setting forth the name of the estate, the executor or administrator,

and the day appointed for the settlement of the account. If, upon the

final hearing at the time of settlement, the court or judge should

deem the notice insufficient from any cause, he may order such further nonce to be given as may seem to him proper.

Cross-Reifeeencb

Proof of notice of settlement, see section 1584 of this title.

1580. When settlement is final, notice must so state.—If the ac- count mentioned in the next preceding section be for a final settle- ment and a petition for the final distribution of the estate be filed with said account, the notice of settlement must state those facts,

which notice must be given by posting or publication for at least ten days prior to the day of settlement. On the settlement of said

544
THE CODE OF CIVIL PROCEDURE [T. 4, § 1585

account, distribution and partition of the estate to all entitled thereto

may be immediately had without further notice or proceedings.

Cross-Refebences

Notice of petition for final distribution, see section 1625 of this title. Notice on partition and distribution, see sections 1632 and 1638 of this title. 1581. Interested party may file exceptions to account.—On the

day appointed, or any subsequent day to which the hearing may be

postponed by the court, any person interested in the estate may

appear and file his exceptions in writing to the account, and contest the same.

Ceoss-Reifeirencb Objections to account, see section 1572 of this title. 1582. All matters may be contested by the heirs; hearing may

be postponed.—All mattei-s, including allowed claims not passed

upon on the settlement of any former account, or on rendering an

exhibit, or on making a decree of sale, may be contested by the heirs,

for cause shown. The hearing and allegations of the respective

parties may be postponed from time to time, when neces,sary, and

the court may appoint one or more referees to examine the accounts,

and make report thereon, subject to confirmation; and may allow a reasonable compensation to the referees to be paid out of the estate of the decedent. Whenever an allowed claim is contested by any

heir, or other person entitled to contest it, either the contestant or the

claimant is entitled to a trial by jury of the issues of fact presented

by the contest ; and it is the duty of the court, at request of either

party, to call a jury and submit to them such issues, and, after receiving their verdict, to enter an order disposing of such contest in

accordance therewith.

Ckoss-References

Referees, see sections 511 to 517 of this title. Appointment and compensation of referees, see sections 1487 and 148S of

this title. 1583. Settlement of accounts to be conclusive, when and when

not.—The settlement of the account and the allowance thereof by the

court, or upon appeal, is conclusive against all per,sons in any way

interested in the estate, saving, however, to all persons laboring

under any legal disability, their right to move for cause to reopen

and examine the account, or to proceed by action against the executor

or administrator, either individually or upon his bond, at any time

before final distribution; and in any action brought by any such

person, the allowance and settlement of the account is prima facie

evidence of it.s correctness. 1584. Proof of notice of settlement of accounts.—The account

must not be allowed by the court until it is first proved that notice

has been given as required by this chapter, and the decree must show

that such proof was made to the satisfaction of the court, and is conclusive evidence of the fact. 1585. Deceased executor's or guardian's accounts.—If any executor, administrator, or guardian dies, his accounts may be presented

545
T. 4, § 1591] THE CODE OF CIVIL PROCEDURE

by his personal representative to, and settled by, the court in which

the estate of which he was executor, administrator, or guardian is being administered, and, upon petition of the successor of such deceased executor, administrator, or guardian, such court may compel

the personal representatives of such deceased executor, administrator,

or guardian to render an account of the administration of their testator or intestate, and must settle such account as in other cases. Ckoss-Reference

Guardians account, see section 1778 of this title. ARTICLE 3.—PAYMENT OF DEBTS OP ESTATE

Sec. 1597. After decree for payment of debts, executor personally liable to creditors. 1598. Claims not included in order for pay- ment of debts, how disposed of. 1599. Order for payment of legacies, and

extension of time. 1000. Final account, when to be made.

1601. Neglect to render final account, how

treated.

Sec. 1591. Order in which debts must be paid. 1592. Where property insufficient to pay

mortgage.

1593. Estate insufficient, a dividend to be

paid. 1594. Funeral expenses and expenses of last

siclsness. 1595. Order for payment of debts, and dis- charge of the executor or administrator. 1596. Provision for disputed and contin- gent claims. 1591. Order in which debts must be paid.—The debts of the

estate must be paid in the following order

1. Funeral expenses;

2. The expenses of the last sickness

3. Debts due to the United States

4. Judgments rendered against the decedent in his lifetime, and

mortgages and other liens in the order of their date;

5. All other demands against the estate. If a debt is payable in a particular kind of money or currency,

it must be paid only in such money or currency. If the estate is insolvent, no greater rate of interest must be paid upon any debt,

from the time of the first publication of notice to creditors, than is allowed by law on judgments.

Cboss-References

Family allowance, see sections 1465 and 1594 of this title. Interest on claims, see sections 1476 and 1493 of this title. Debts payable in particular kind of money, see sections 1370 and 1477 of this

title. Expenses of administration and family allowances to be paid before other

debts, see title 3, section 612. Effect of judgment against executor, see section 1485 of this title. 1592. Where property insufficient to pay mortgage.—The pref- erence given in the next preceding section to a mortgage or lien only

extends to the proceeds of the property subject to the mortgage or

lien. If the proceeds of such property are insufficient to pay the

mortgage or lien, the part remaining unsatisfied must be classed with

general demands against the estate. 1593. Estate insufficient, a dividend to be paid.—If the estate is insufficient to pay all the debts of any one class, each creditor must

be paid a dividend in proportion to his claim; and no creditor of

546
THE CODE OF CIVIL PROCEDURE [T. 4, §1597

uny one class shall receive any payment until all those of the

preceding class are fully paid.

Cboss-Reifbieence

Insuflacient funds, proceedings in case of, see section 1595 of this title.

1594. Funeral expenses and expenses of last sickness.—The

6^ecutor or administrator, as soon as he has sufficient funds in his

h^ds, must pay the funeral expenses and the expenses of the last sickness, and the allowance made to the family of the decedent. He

may retain in his hands the necessary expenses of administration,

but he is not obliged to pay any other debt or any legacy until, as prescribed in this article, the payment has been ordered by the

court. Cross-Reference

Preference of funeral charges, and expenses of administration, see section 1465 of this title. 1595. Order for payment of debts, and discharge of the executor or administrator.—Upon the settlement of the account of the

executor or administrator, provided for in section 1574 of this title, the court must make an order for the payment of the debts, as the

circumstances of the estate require. If there are not sufficient funds

in the hands of the executor or administrator, the court must specify

in the decree the sum to be paid to each creditor. If the whole property of the estate is exhausted by such payment or distribution, such

account must be considered as a final account, and the executor or administrator is entitled to his discharge on producing and filing

the necessary vouchers and proofs showing that such payments have

been made, and that he has fully complied with the decree of the

court. Cross-Refekences

InsuflScient funds, payment of dividends, see section 1593 of this title. Settlement of accounts, see section 1574 of this title. 1596. Provision for disputed and contingent claims.—If there is any claim not due, or any contingent or disputed claim against the

estate, the amount thereof, or such part of the same as the holder

would be entitled to if the claim were due, established, or absolute,

must be paid into the court, and there remain, to be paid over to the party when he becomes entitled thereto; or, if he fails to es- tablish his claim, to be paid over or distributed as the circumstances

of the estate require. If any creditor whose claim has been allowed,

but is not 5^et due, appears and assents to a deduction therefrom of

the legal interest for the time the claim has yet to run, he is entitled

to be paid accordingly. The payments provided for in this section are not to made when the estate is insolvent, unless a pro rata

distribution is ordered.

1597. After decree for payment of debts, executor personally

liable to creditors.—When a decree is made by the court for the

payment of creditors, the executor or administrator is personally

liable to each creditor for his allowed claim, or the dividend thereon,

547
T. 4, § 1598] TEE CODE OF CIVIL PROCEDURE

and execution may be issued on such decree, as upon a judgment in the court, in favor of each creditor, and the same proceeding may

be had under such execution as under execution in other cases. The

executor or administrator is liable therefor on his bond to each

creditor. CROSS-REFEBEIXC B Personal liability of executor, see section 1561 of this title. 1598. Claims not included in order for payment of debts, how

disposed of.^—-When the accounts of the administrator or executor have been settled, and an order made for the payment of debts and

distribution of the estate, no creditor whose claim was not included

in the order for payment has any right to call upon the creditors

who have been paid, or upon the heirs, devisees, or legatees to contribute to the payment of his claim ; but if the exectuor or administrator has failed to give the notice to the creditors, as prescribed in

section 1472 of this title, such creditor may recover on the bond of

the executor or administrator the amount of his claim, or such part

thereof as he would have been entitled to had it been allowed. This

section shall not apply to any creditor Avhose claim was not due ten months before the day of settlement, or whose claim was contingent

and did not become absolute ten months before such day.

Ceoss-Referencei

Failure to give notice, revocation of letters, see section 1491 of this title. 1599. Order for payment of legacies, and extension of time.—If

the whole of the debts have been paid by the first distribution, the

court must direct the payment of legacies and the distribution of

the estate among the heirs, legatees, or other persons entitled, as provided in the next chapter; but if there be debts remaining unpaid, or if, for other reasons, the estate be not in a proper condition

to be closed, the court must give such extension of time as may be

reasonable for a final settlement of the estate. 1600. Final account, when to be made.—At the time designated

in the next preceding section, or sooner, if within that time all tlie property of the estate has been sold, or there are sufficient funds in his hands for the payment of all the debts due by the estate, and the

estate be in a proper condition to be closed, the executor or administrator must render a final account, and pray a settlement of his

administration.

CROSS-REFETiElNCE Settlement of accounts, see section 1574 of this title. 1601. Neglect to render final account, how treated.—If he neglects to render his account, the same proceedings may be had as prescribed in this chapter in regard to the first account to be rendered

by him; and all the provisions of this chapter relative to the last- mentioned account, and the notice and settlement thereof, apply to his account presented for final settlement.

Cross-Reference

Proceedings to enforce account, see sections 1574 to 1576 of this title.

548
THE CODE OF CIVIL PROCEDURE [T. 4, § 1614 CHAPTER 33.- -PARTITION, DISTRIBUTION, AND FINAL SETTLEMENT OF ESTATES

Art. Sec.

1. Partial distribution prior to flnal settlement 1611

2. Distributiou on final settlement

1621

8. Distribution and partition 1631

4. Distributiou to person whose ad- dress is unknown, etc 1651 ARTICLE 1.—PARTIAL DISTRIBUTION PRIOR TO FINAL SETTLEMENT

Art. Sec.

5. Agents for absent Interested parties ; discharge of executor or administrator 1661

G. Accounts of trustees ; distribution- 1671

Sec. 1615. Order for payment of bond, and suit

t'lereon. 1616. Partial distribution of estates of de- ceased persons.

See. 1611. Payment of legacies. 1612. Notice of application for legacies. 1613. Executor, or other person interested, may resist application. 1614. Prayer of applicant granted. Section 1611. Payment of legacies.—At any time after the lapse

of four months from the issuing of letters testamentary or of administration, any heir, devisee, legatee (or his assignee, grantee, or suc- cessor in interest) may present his petition to the court for the

legacy or share of the estate to which he is entitled, or any portioi?

thereof, to be given to him upon his giving bonds, with security,

for the payment of his proportion of the debts of the estate. Cross-Refb:bences Payment of legacies, order of appropriation for, see title 3, section 613. Proportion of debts for whicli legacies liable, see title 3, section 626. Partial distribution, see sections 1614 and 1616 of this title. 1612. Notice of application for legacies.—Notice of the application must be given to the executor or administrator, personally, and

to all persons interested in the estate, in the same manner that notice

is required to be given of the settlement of the account of an executor

or administrator.

Cboss-Refbrences

Notice of application for partial distribution, see section 1616 of this title. Notice of settlement of account, see section 1579 of this title. 1613. Executor, or other person interested, may resist application.—The executor or administrator, or any person interested in the

estate, may appear at the time named and resist the application.

Ckoss-References

Any person interested may file exceptions to accounts, see section 1581 of

this title. Any person interested may resist application, see section 1816 of this title.

1614. Prayer of applicant granted.—If, at the hearing, it appears that the estate is but little indebted, and that the share of the

party applying may be allowed to him without loss to the creditors

of the estate, the court must make an order in conformity with the

prayer of the applicant, requiring

1. Bond.—Each heir, legatee, devisee (or his assignee, grantee, or

successor in interest) obtaining such order, before receiving his

share or any portion thereof, to execute and deliver to the executor or

iidministrator, a bond, in such sum as may be designated by the court

549
T. 4, §1615] THE CODE OF CIVIL PROCEDURE

or judge, with sureties to be approved by the judge, payable to the

executor or administrator, and conditioned for the payment, whenever required, of his proportion of the debts due from the estate, not exceeding the value or amount of the legacy or portion of the

estate to which he is entitled. Where the time for filing or presenting

claims has expired, and all claims that have been allowed, have been

paid, or are secured by mortgage upon real estate sufficient to pay

them, and the court is satisfied that no injury can result to the estate, the court may dispense with the bond

2. Delrtery of property.—The executor or administrator to deliver to the heir, legatee, devisee (or his assignee, grantee, or suc- cessor in interest), the whole portion of the estate to which he may be

entitled, or only a part thereof designating it. If, in the execution of the order, a partition is necessary between

two or more of the parties interested, it must be made in the manner

hereinafter prescribed. The costs of these proceedings must be

paid by the applicant, or if there are more than one, must be apportioned equally among them.

Cross-Re:ferences

Partition, see sections 1631 et seq., of tliis title. Petition for partial distribution, see section 1616 of this title. 1615. Order for payment of bond, and suit thereon.—When any

bond has been executed and delivered, under the provisions of the

next preceding section, and it is necessary for the settlement of the

estate to require the payment of any part of the money thereby

secured, the executor or administrator must petition the court for an

order requiring the payment, and have a citation issued and served on the party bound, requiring him to appear and show cause why

the order should not be made. At the hearing, the court, if satisfied of the necessity of such payment, must make an order accordingly,

designating the amount and giving a time within which it must be

paid. If the money is not paid within the time allowed, an action

may be maintained by the executor or administrator on the bond.

1616. Partial distribution of estates of deceased persons.

Where the time for filing or presenting claims has expired, and all claims that have been allowed have been paid, or are secured by a mortgage upon real estate sufficient to pay them, and the estate is not in a condition to be finally closed and distributed, the executor

or administrator, or coexecutor or coadministrator, may present his

petition to the court for ratable payment of the legacies, or ratable

distribution of the estate to all the heirs, legatees, devisees, or their

assignees, grantees, or successors in interest. Notice of such application must be given to all persons interested in the estate, in the same manner that notice is required to be given of the settlement of

the account of an executor or administrator.

Any person interested in the estate may appear at the time named

and resist the application.

Order granted when.—If, at the hearing, it appears that the

allegations of the petition of said executor, administrator, coexecu550
THE CODE OF CIVIL PROCEDURE [T. 4, § 1621

tor, or coadministrator, are true, and the court is satisfied that no

injury can result to the estate by granting the petition, the court must make an order directing the executor or executors, administrator or administrators, as the case may be, to deliver to the heirs,

legatees, devisees, or to their assigns, grantees, or successors in

interest, the whole portion of the estate to which they may ))e entitled or only a part thereof, designating it. If, in the execution of the order, a partition is necessary between

two or more of the parties interested, it must be made in the manner

hereinafter prescribed. The costs of the proceedings under this

section must be paid by the estate, excepting that in case a partition

is necessary, the costs of such partition must be apportioned amongst

the parties interested in such partition.

Cros 8-References

Notice of application for legacies, see section 1G12 of this title. Petition for partial distribution, see section 1611 of this title. Bond on granting application for partial distribution, see section 1614 of

this title.ARTICLE 2.—DISTRIBUTION ON FINAL SETTLEMENT

Sec. 1621. the nature of an

(letei'mine heirship

Sec. 1625. Petition for final distribution ; notice

of hearing ; contest ; partition. 1626. Continuation of administration ; peti- tion for. 1627. Distribution after death of heir. etc.

Proceedings

action to petition. 1622. Final distribution of estate. 1623. What tlie decree must contain, and

is final. 1G24. Distribution when decedent was not a resident of the Canal Zone. 1621. Proceedings in the nature of an action to determine heirship; petition.—In all estates now being administered, or that

may hereafter be administered, any person claiming to be heir to the deceased, or entitled to distribution in whole or in any part

of such estate, may, at any time prior to the decree of final distri- bution, file a petition in the matter of such estate, praying the court

to ascertain and declare the rights of all persons to said estate and

all interests therein, and to whom distribution thereof should be

made.

Notice to persons i>;terested.—Upon the filing of such petition,

the court shall make an order directing service of notice to all persons interested in said estate to appear and show cause, on a day to be therein named, not less than sixty days nor over four months

from the date of the making of such order, in which notice shall be

set forth the name of the deceased, the name of the executor or adminstrator of said estate, the names of all persons who may have

appeared claiming any interest in said estate in the course of the

administration of the same, up to the time of the making of said

order, and such other persons as the court may direct, and also a description of the real estate whereof said deceased died seised or

possessed, so far as known, described with certainty to a common

intent, and requiring all said persons, and all persons named or not

named having or claiming any interest in the estate of said deceased,

at the time and place in said order specified, to appear and exhibit.

551
T. 4, §1621] THE CODE OF CIVIL PROCEDURE

as hereinafter provided, their respective claims of heirship, ownership, or interest in said estate, to said court, which notice shall be

served in the same manner as a summons in a civil action, upon

proof of which service, by affidavit or otherwise, to the satisfaction

of the court, the court shall thereupon acquire jurisdiction to ascer- tain and determine the heirship, ownership, and interest of all parties in and to the property of said deceased, and such determination shall be final and conclusive in the administration of said estate, and the title and ownership of said property. The court shall enter an order or decree establishing proof of the service of such notice.

Filing of appearance—default.—All persons appearing within

the time limited as aforesaid shall file their written appearance in person or through their authorized attorney, such attorney filing at the same time written evidence of his authority to so appear,

entry of which appearance shall be made in the minutes of the court and in the register of proceedings of said estate. And the court

shall, after the expiration of the time limited for appearing as aforesaid, enter an order adjudging the default of all persons for

not appearing as aforesaid who shall not have appeared as aforesaid.

Complaint by interested persons; filing and service of answer

TO.—At any time within twenty days after the date of the order

or decree of the court establishing proof of the service of such

notice, any of such persons so appearing may file his complaint in

the matter of the estate, setting forth the facts constituting his

claim of heirship, ownership, or interest in said estate, with such

reasonable particularity as the court may require, and serve a copy

of the same upon each of the parties or attorneys who shall have

entered their written appearance as aforesaid, if such parties or such

attorneys reside within the Canal Zone; and in case any of them do

not reside within the Canal Zone, then service of such copy of said

complaint shall be made upon the clerk of said court for them, and

the clerk shall forthwith mail the same to the address of such party

or attorney as may have left with said clerk his post office address.

Proceedings after issues joined.—Such parties are allowed

twenty days after the service of the complaint, as aforesaid, within

which to plead thereto, and thereafter such proceedings shall be

had upon such complaint as in this title provided in case of an

ordinary civil action ; and the issues of law and of fact arising in the

proceedings shall be disposed of in like manner as issues of law and

fact are herein provided to be disposed of in civil actions; and the

provisions of this title contained regulating the mode of procedure

for the trial of civil actions shall be applicable thereto.

Plaintiffs and defendants in proceedings.—The party filing the

])etition as aforesaid, if he file a complaint, and if not, the party

first filing such complaint, shall, in all subsequent proceedings, be

treated as the plaintiff therein, and all other parties so appearing

shall be treated as the defendants in said proceedings, and all such

defendants shall set forth in their respective answers the facts constituting their claim of heirship, ownership, or interest in said estate, with such particularity as the court may require, and serve a copy

thereof on the plaintiff.

552
TEE CODE OF CIVIL PROCEDURE [T. 4, § 1622 Evidence in siqDport of all issues may be taken orally or by deposition, in the same manner as provided in civil actions. Notice of the

taking of such depositions shall be served only upon the parties, or

the attorneys of the parties, so appearing in said proceeding.

Decree, what to determine ; conclusiveness of.—The court shall enter a default of all persons failing to appear, or plead, or prosecute, or defend their rights as aforesaid ; and upon the trial of the

issues arising upon the pleadings in such proceedings, the court

shall determine the heirship to said deceased, the ownership of his

estate, and the interest of each respective claimant thereto or therein,

and persons entitled to distribution thereof, and the final determination of the court thereupon shall be final and conclusive in the distri- bution of said estate, and in regard to the title to all the property

of the estate of said deceased.

The cost of the proceedings under this section shall be apportioned

in the discretion of the court. Attorney for minors.—In any proceeding under this section, the court may appoint an attorney for any minor mentioned in said

proceedings not having a guardian.

Determination of heirship at final distribution.—Nothing in this section contained shall be construed to exclude the right upon

final distribution of any estate to contest the question of heirship,

title, or interest in the estate so distributed, where the same shall not have been determined under the provisions of this section; but

where such questions shall have been litigated, under the provisions

of this section, the determination thereof as herein provided shall

be conclusive in the distribution of said estate. Ceoss-Refeeences

Notice on final distribution, see sections 1580 and 1625 of this title. New trials in proceedings under this section, see section 1689 of this title. 1622. Final distribution of estate.—Upon the final settlement of

the accounts of the executor or administrator, or at any subsequent

time, upon the application of the executor or administrator, or of

any heir, legatee, devisee (or his assignee, grantee, or successor in

interest), the court must proceed to distribute the residue of the

estate in the hands of the executor or administrator, if any, among

the persons who by law are entitled thereto; and if the decedent

has left a surviving child, or the issue of a deceased child, and any

of them, before the close of the administration, have died while

under age and not having been married, no administration on such

deceased child's estate is necessary, but all the estate which such

deceased child was entitled to by inheritance must, without administration, be distributed as provided in Title 3, The Civil Code. A

statement of any receipts and disbursements of the executor or

administrator, since the rendition of his final account, must be

reported and filed at the time of making such distribution; and a settlement thereof, together with an estimate of the expenses of

closing the estate must be made by the court, and included in the

order or decree, or the court or judge may order notice of the settle93083—34 36 553
T. 4, §1623] THE CODE OF CIVIL PROCEDURE

ment of such supplementary account, and refer the same as in other

cases of the settlement of accounts.

Ceoss-References

Reference to settle accounts, see section 15S2 of this title. Decree to be made only after notice, see section 1625 of this title. Notice of settlement of account, see section 1579 of this title. Distribution of property of absentee, see sections 1661 et seq., of this title. 1623. What the decree must contain, and is final.—In the order

or decree, the court must name the persons and the proportions or parts to which each shall be entitled, and such persons may demand,

sue for, and recover their respective shares from the executor or administrator, or any person having the same in possession. Such

order or decree is conclusive as to the rights of heirs, legatees, or

devisees.

Ceoss-Ret-eeences Subsequent issue of letters on discovery of estate, see section 1668 of this

title. Conclusiveness of decree, see section 1641 of this title. 1624. Distribution when decedent was not a resident of the

Canal Zone.—Upon application for distribution, after final settle- ment of the accounts of administration, if the decedent was a nonresident of the Canal Zone, leaving a will which has been duly

proved or allowed in the State of his residence, and an authenticated

copy thereof has been admitted to probate in the Canal Zone, or

if the decedent died intestate, and an administrator has been duly

appointed and qualified in the State of his residence, and it is necessary, in order that the estate, or any part thereof, may be distributed according to the will, or if the court is satisfied that it is for the best interests of the estate, that the estate in the Canal

Zone should be delivered to the executor or administrator in the State or place of the decedent's residence, the court may order such delivery

to be made, and, if necessary, order a sale of the real estate, and a

like delivery of the proceeds. The delivery, in accordance with the

order of the court, is a full discharge of the executor or administrator

with the will annexed or administrator, in the Canal Zone, in relation to all property embraced in such order, which binds and concludes

all parties in interest. Sales of real estate, ordered by virtue of

this section, must be made in the same manner as other sales of real estate of decedents by order of the court. Cross-Refeeence

Sales of real estate, see section 1509 of this title. 1625. Petition for final distribution; notice of hearing; contest; partition.—The order or decree may be made on the petition

of the executor or administrator, or of any person interested in the

estate. "When such petition is filed the clerk of the court must set the petition for hearing by the court, and give notice thereof by

causing a notice to be posted at the courthouse where the court is held, setting forth the name of the estate, the executor or administrator, and the time appointed for the hearing of the petition. If,

554
THE CODE OF CIVIL PROCEDURE [T. 4, §1626

upon the hearing of the petition, the court or judge deems the notice

insufficient from any cause, he may order such further notice to be

given as may seem to him proper. At the time fixed for the hearing,

or to which the hearing may be postponed, any person interested in

the estate may appear and contest the petition by filing written

objections thereto. If the partition is applied for, as provided in

this chapter, the decree of distribution does not divest the court of

jurisdiction to order partition, unless the estate is finally closed.

Cross-Refebence

Notice of petition for final distribution, see section 1580 of this title. 1626. Continuation of administration; petition for.—In all cases where a decedent shall have left a will, in and by the terms of which

the testator shall have limited the time for administration upon an

estate left by him, and the executor, and all of the legatees or devisees named in the will, shall file and present to the court a petition,

in writing, representing that it will be for the best interests of the

estate, and of the beneficiaries under the will, to have the administration upon the estate continued for a longer period of time than

that designated in such will, and that it would be injurious to the

estate, and to such beneficiaries, to have the administration brought

to a close at the date therefor designated in the will. Hearing or petition and notice or.—The court shall then set a day for the hearing of said petition; and notice thereof shall be

served on all persons interested in the estate, in the same manner

that summons in civil actions is served. Upon the day set for such

hearing (or upon some other day to which the hearing may have

been continued), the court shall proceed to hear proofs touching the

representations made in such petition—and any person interested

in the estate may also present counter-proofs in opposition to said

application

Decreeing continuance of administration.—And if, upon such

hearing, it be made to appear to the court that the representations

made by the petitioners in their said petition contained be true, the

court may then, by its order and decree in that behalf, decree and

direct that the administration upon the estate continue for and

during such further period of time as in its judgment will best subserve the interests of the estate and of the beneficiaries under said

will. Petition to have administration closed.—Provided, however,

That if, at any time during the period for which the administration

upon the estate shall have been thus continued, the executor, or any one or more of the legatees or devisees, shall present to the court his or their petition, representing that it has become neces- sary for the best interests of the estate, and of the beneficiaries

under the will, to have the administration upon the estate closed,

the court shall then set a day for the hearing of said last-named

petition; and notice thereof shall be given in the same manner,

and the same proceedings be had thereupon, as shall have been given

for and had upon the hearing of the petition asking for the con- tinuation of such administrati(m. And if, upon such hearing, it shall be made to appear to the court that the representations made

555
T. 4, § 1627] THE CODE OF CIVIL PROCEDURE

by such petitioners or petitioner (as the case may be) are true, the court shall then, by its order and decree in that behalf, decree and

direct that the administration upon the estate be closed as soon

thereafter as, under the circumstances, shall be practicable.

1627. Distribution after death of heir, etc.—If any heir, legatee, or devisee of an estate shall die before the distribution to him of any

part thereof, then the property to which he might be entitled, if living, shall be and become a part of his estate and the same may be

distributed to the representative of his estate for the purpose of

administration therein, with the same effect as if distributed to him

if living.

ARTICLE 3.—DISTRIBUTION AND PARTITION

Sec. 1631. Estate in common ; commissioners.

1632. Partition and notice thereof, and tlie time of tiling petition.

163.3. Partiticm may be made, althougli some of tlie heirs, etc., liave parted with their interest. 1634. Shares to be set out by metes and

bounds.

1635. Whole estate may be assigned to one,

in certain cases.

See. 1636. Payments for equality of partition, by whom and how.

1637. Estate may be sold. 1638. To give notice to all persons and

guardians before partition ; duties

of commissioners.

1639. To make report ; setting aside report. 1640. When commissioners to make parti- tions are not necessary. 1641. Advancements made to heirs. 1631. Estate in common; commissioners.—When the estate, real or personal, assigned by the decree of distribution to two or more

heirs, devisees, or legatees, is in common and undivided, and the re- spective shares are not separated and distinguished, partition or dis- tribution may be made by three disinterested persons, to be appointed

commissioners for that purpose by the court, who must be duly sworn to the faithful discharge of their duties, a certified copy of

the order of their appointment, and of the order or decree assigning

and distributing the estate, must be issued to them as their warrant,

and their oath must be indorsed thereon. Upon consent of the parties, or when the court deems it proper and just, it is sufficient to appoint one commissioner only, who has the same authority and is governed by the same rules as if three were appointed.

1632. Partition and notice thereof, and the time of filing petition.—Such partition may be ordered and had in the district court on the petition of any person interested. But before commissioners

are appointed, or partition ordered by the court as directed in this

chapter, notice thereof must be given to all persons interested who

reside in the Canal Zone, or to their guaraclians, and to the agents,

attorneys, or guardians, if an}^ in the Canal Zone, of such as reside out of the Canal Zone, either personally or by public notice, as the court may direct. The petition may be filed, attorneys, guardians,

and agents appointed, and notice given at any time before the order

or decree of distribution, but the commissioners must not be appointed until the order or decree is made distributing the estate. CROSS-REiERENCES

Distribution and partition of estate, see section 1580 of this title. Notice of partition, see section 1G38 of this title. 1633. Partition may be made, although some of the heirs, etc., have parted with their interest.—Partition or distribution of the

556
THE CODE OF CIVIL PROCEDURE [T. 4, § 1637

estate may be made as provided in this chapter, although some of

the original heirs, legatees, or devisees may have conveyed their

shares to other persons, and such shares must be assigned to the

person holding the same, in the same manner as they otherwise

AYould have been to such heirs, legatees, or devisees.

1634. Shares to be set out by metes and bounds.—When both

distribution and partition are made, the several shares in the real

and personal estate must be set out to each individual in proportion to his right, by metes and bounds, or description, so that the same can be easily distinguished, unless two or more of the parties

interested consent to have their shares set out so as to be held by

them in common and undivided.

1635. Wliole estate may be assigned to one, in certain cases.—

When the real estate cannot be divided without prejudice or inconvenience to the owners, the court may assign the whole to one or more of the parties entitled to share therein, who will accept it, always preferring the males to the females, and, among children,

preferring the elder to the younger. The parties accepting the whole

must pay to the other parties interested their just proportion of the

true value thereof, or secure the same to their satisfaction, or in case of the minority of such party, then to the satisfaction of his

guardian ; and the true value of the estate must be ascertained and

reported by the commissioners. When the commissioners appointed

to make partition are of the opinion that the real estate cannot

be divided without prejudice or inconvenience to the owners, they

must so report to the court and recommend that the whole be

assigned as herein provided, and must find and report the true value

of such real estate. On filing the report of the commissioners, and

on making or securing the payment as before provided, the court,

if it appears just and proper, must confirm the report, and thereupon

the assignment is complete, and the title to the whole of such real estate vests in the person to whom the same is so assigned.

Ceoss-Refebencb

Proceedings on reports, see section 1639 of this title.

1636. Payments for equality of partition, by whom and how.—

When any tract of land or tenement is of greater value than any

one's share in the estate to be divided, and cannot be divided without

injury to the same, it may be set off by the commissioners appointed

to make partition to any of the parties who will accept it, giving

preference as prescribed in the next preceding section. The party

accepting must pay or secure to the others such sums as the commissioners shall award to make the partition equal, and the commissioners must make their award accordingl57^ ; but such partition must

not be established by the court until the sums awarded are paid to the parties entitled to the same, or secured to their satisfaction.

1637. Estate may be sold.—When it appears to the court, from

the commissioners' report, that it cannot otherwise be fairly divided

and should be sold, the court may order the sale of the wdiole or any part of the estate, real or personal, by the executor or adminis557
T. 4, §1638] TffE CODE OF CIVIL PROCEDURE

trator, or by a commissioner appointed for that purpose, and the

proceeds distributed. The sale must be conducted, reported, and

confirmed in the same manner and under the same requirements pro- vided in chapter 29 of this title. Ceoss-Refekence

For chapter 29, see sections 1501 et seq., of this title. 1638. To give notice to all persons and guardians before partition; duties of commissioners.—Before any partition is made or any estate divided, as provided in this chapter, notice must be given

to all persons interested in the partition, their guardians, agents, or attorneys, by the commissioners, of the time and place when and

where they shall proceed to make partition. The commissioners may

take testimony, order surveys, and take such other steps as may be

necessary to enable them to form a judgment upon the matters

before them.

Cross-References

Notice of partition, see section 1632 of this title. Notice of partition and distribution, see section 1580 of this title. 1639. To make report; setting aside report.—The commissioners

must report their proceedings, and the partition agreed upon by

them, to the court, in writing, and the court may, for sufficient rea- sons, set aside the report and commit the same to the same commissioners, or appoint others ; and when such report is finally confirmed

a certified copy of the judgment, or decree of partition made thereon,

attested by the clerk under the seal of the court, must be recorded

in the office of the registrar of property.

Cross-Refeiuence

Proceedings on report, see section 1635 of this title. 1640. When commissioners to make partition are not necessary.—When the court makes a judgment or decree assigning the

residue of any estate to one or more persons entitled to the same, it is not necessary to appoint commissioners to make partition or dis- tribution thereof, unless the parties to whom the assignment is decreed, or some of them, request that such partition be made.

1641. Advancements made to heirs.—All questions as to advancements made, or alleged to have been made, by the decedent

to his heirs, may be heard and determined by the court, and must

be specified in the decree assigning and distributing the estate; and

the final judgment or decree of the court is binding on all parties

interested in the estate. Cross-Reference

Conclusiveness of decree, see section 1623 of this title. ARTICLE 4.—DISTRIBUTION TO PERSON WHOSE ADDRESS IS UNKNOWN, ETC.

1651. Distribution of estate to person whose address is un- known, etc.—When any estate is distributed by the judgment or

558
THE CODE OF CIVIL PROCEDURE [T. 4, § 1663 decree of the court or judge, as provided in this chapter, to a dis- tributee who cannot be found and his or her place of residence is unknown, or to a distributee who refuses to accept the same or to give a proper voucher therefor, or to a minor or incompetent person,

who has no lawful guardian to receive the same, or person authorized

to receipt therefor, the portion of said estate consisting of money

shall be paid to and deposited with the collector of the Panama

Canal, who shall give a receipt for the same, and shall be liable on

his official bond therefor; and said receipt shall be deemed and

received by the court or judge as a voucher in favor of said executor

or administrator, with the same force and effect as if executed by the

distributee thereof. And this section shall be applicable to any and

all estates now pending in which a final decree of discharge has not

been granted.

Any person claiming to be entitled to any amount so deposited

with the collector, may, within five years after such deposit, petition

the court or judge for an order directing payment to the said dis- tributee. A copy of such petition shall be served on the collector

and thereafter no such amount shall be covered into the Treasury of

the United States, as hereinafter directed, until so ordered by the

court. If no one claims the amount, as herein provided, or if a claim be

made and disallowed and the court so directs, such amount devolves

to the United States and shall be covered into the Treasury by the

collector as miscellaneous receipts.

ARTICLE 5.—AGENTS FOR ABSENT INTERESTED PARTIES

CHARGE OF EXECUTOR OR ADMINISTRATOR

DISSoc. 1661.

1662. 1663.

1664.

Court may appoint agent to take

possession for absentees. Agent to give bond, and liis compensation. Unclaimed estate, how disposed of. WJien real and personal property of absentee to be sold.

Sec. 1665. Liability of agent on his bond.

1666. Certificate to claimant.

1667. Final settlement, decree, and dis- charge. 1668. Discovery of property.

1661. Court may appoint agent to take possession for absen*

tees.—When any estate is assigned or distributed, by a judgment or

decree of the court, as provided in this chapter, to any person residing out of, and having no agent in the Canal Zone, and it is necessary

that some person should be authorized to take possession and charge

of the same for the benefit of such absent person, the court may

appoint an agent for that purpose and authorize him to take charge

of such estate, as well as to act for such absent person in the

distribution.

1662. Agent to give bond, and his compensation.—The agent

must execute a bond to the Government of the Canal Zone, to be

approved by the court or judge, conditioned that he shall faithfully

manage and account for the estate. The court appointing such

agent may allow a reasonable sum out of the profits of the estate for

his services and expenses.

1663. Unclaimed estate, how disposed of.—Wlien personal property remains in the hands of the agent unclaimed for a year and

it appears to the court that it is for the benefit of those interested,

559
T. 4, § 1664] THE CODE OF CIVIL PROCEDURE

it shall be sold under the order of the court, and the proceeds after

deducting the expenses of the sale, allowed by the court, must be

paid to the collector of the Panama Canal. When the payment is made, the agent must take from the collector a receipt, which he

must file in the court. Where any agent has money in his hands as such agent, and it appears to the court upon the settlement of his

account as such agent that the balance remaining in his hands should

be j)aid to the collector, the court may direct such paj'ment and

upon such agent filing the proper receipt showing such payment, the court shall enter an order discharging such agent and his sureties

from all liability therefor. All such funds shall be held and dis- posed of by the collector in the manner provided in section 1651 of

this title. Cross-Reference

Unclaimed property, see sections 1181 to 1185 of this title. 1664. When real and personal property of absentee to be sold.—

The agent must render to tlie court appointing him, annually, an

account, showing

1. The value and character of the property received by him, what

portion thereof is still on hand, what sold, and for what.

2. The income derived therefrom.

3. Expenses incurred in the care, protection, and management

thereof, and whether paid or unpaid. When filed the court may

examine witnesses and take proofs in regard to the account; and if satisfied from such accounts and proofs that it will be for the benefit

and advantage of the persons interested therein, the court, ma}', by

order, direct sale to be made of the whole or such parts of the real or personal property as shall appear to be proper, and the purchase

money to be deposited with the collector. 1665. Liability of agent on his bond.—The agent is liable on his

bond for the care and preservation of the estate while in his hands,

and for the payment of the proceeds of the sale as required in the

preceding sections, and may be sued thereon by any pei*son interested,

1666. Certificate to claimant.—When any person appears and

claims the money paid to the collector of the Panama Canal, the court making the distribution must inquire into such claim, and

being first satisfied of his right thereto, must grant him a certificate to that effect, under its seal ; and upon the presentation of the certifi- cate to him, the auditor must draw his warrant on the collector for

the amount.

1667. Final settlement, decree, and discharge.—When the estate has been fully administered, and it is shown by the executor or

administrator, by the production of satisfactory vouchers, that he

has paid all sums of money due from him, and delivered up, under

the order of the court, all the property of the estate to the parties

entitled, and performed all the acts hiwfully required of him, the court must make a judgment or decree discharging him from all liability to be incurred thereafter.

1668. Discovery of property.—The final settlement of an estate, as in this chapter provided, shall not prevent a subsequent issue of

560
TEE CODE OF CIVIL PROCEDURE [T.4, § 1673

letters testamentary or of administration, or of administration with

the will annexed, if other property of the estate be discovered, or if

it become necessary or proper for any cause that letters should be

again issued.

ARTICLE G.—ACCOUNTS OF TRUSTEES; DISTRIBUTION

Sec. 1671. District court not to lose jurisdiction by final ilistributiou. 1672. Compensation of trustees.Sec. 1673. Trustee may decline to act. 1674. Jurisdiction.

1671. District court not to lose jurisdiction by final distribution.—Where any trust has been created by or under any will to continue after distribution, the district court shall not lose jurisdiction of the estate by final distribution, but shall retain jurisdiction

thereof for the purpose of the settlement of accounts under the trusts. Accounting by trustee.—And any trustee created by an}^ will, or appointed to execute anj^ trust created by any will, may, from

time to time, pending the execution of his trust, or may, at the termination thereof, render and pray for the settlement of his accounts

as such trustee, before the court in which the will was probated, and

in the manner provided for the settlement of the accounts of executors and administrators. The trustee or, in case of his death, his

legal representatives, shall, for that purpose, present to the court

his verified petition, setting forth his accounts in detail, with a report showing condition of trust estate, together with a verified

statement of said trustee, giving the names and post office addresses,

if known, of the cestuis que trust, and upon the filing thereof, the

clerk shall fix a day for the hearing, and give notice thereof of not

less than ten days, by causing notices to be posted in at least three

public places in the Canal Zone, setting forth the name of the trust

estate, the trustee, and the day appointed for the settlement of the

account. The court or judge may order such further notice to be

given as may be proper. Such trustee may, in the discretion of the

court, upon application of any beneficiary of the trust, or the guardian of such beneficiary, be ordered to appear and render his account,

after being cited by service of citation, as provided for the service

of summons in civil cases, and such application shall not be denied

where no account has been rendered to the court within six months

prior to such application. Upon the filing of the account so ordered,

the same proceedings for the hearing and settlement thereof shall be

had as hereinabove provided.

1672. Compensation of trustees.—On all such accountings the court shall allow the trustee or trustees the proper expenses and such

compensation for services as the court may adjudge to be just and

reasonable, and shall apportion such compensation among the

trustees according to the services rendered by them respectively, and

may in its discretion fix a yearly compensation for the trustee or

trustees to continue as long as the court may judge proper,

1673. Trustee may decline to act.—Any person named or designated as a trustee in any will which has been or shall hereafter be

admitted to probate in the Canal Zone may, at any time before

final distribution, decline to act as such trustee, and an order of

561
T. 4, § 1674] THE CODE OF CIVIL PROCEDURE

court shall thereupon be made accepting such resignation; but the

declination of any such person who has qualified as trustee shall not be accepted by the court, unless the same shall be in writing and filed in the matter of the estate in the court in which the administration

is pending, and such notice shall be given thereof as is required upon

a petition praying for letters of administration.

Appointment to vacancy.—The court in which the administration

is pending shall have power at any time before final distribution

to appoint some fit and proper person to fill any vacancy in the ojffice of trustee under the will, whether resulting from such declination,

removal, or otherwise; provided, it shall be required by law or neces- sary to carry out the trust created by the will, that such vacancy

shall be filled; and every person so appointed shall, before acting

as trustee, give a bond such as is required by section 1352 of this

title, of a person to whom letters of administration are directed to

issue. Such appointment may be made by the judge upon the written

application of any person interested in the trust filed in the probate

proceedings, and shall only be made after notice to all parties in- terested in the trust, given in the same manner as notice is required

to be given of the hearing upon the petition for the probate of a

will. In each of the preceding cases the court may order such

further notice as shall seem necessary. In accepting a declination under the provisions of this section,

the court may make and enforce any order which may be necessary

for the preservation of the estate. 1674. Jurisdiction.—The provisions of the next preceding section

shall apply in all cases where a final decree of distribution has not been made; but the jurisdiction given by that section shall not

exclude, in cases to which it applies, the jurisdiction now possessed

by the district court. CHAPTER 34.—ORDERS, DECREES, PROCESS, MINUTES, RECORDS,

AND TRIALS IN PROBATE PROCEEDINGS

Sec. 1681. Orders and decrees in probate pro- ceedings. 1682. How often publication to be made.

1683. Citation, how directed, and what to contain. 1684. Citation, how issued. 1685. Citation, how served. 1686. Per.sonal notice given by citation. 1687. Citation to be served five days before

return. 1688. Rules of practice generally. 1689. New trials in probate proceedings.

16'J0. Issues joined in probate prc'eedings,

how tried and disposed of.

Sec. 1691. Court must try issues joined when

no jury is demanded ; court must

settle and frame jssues when jury

called. 1692. Costs, by whom paid in certain

cases. 1693. Executor, and so forth, to be re- moved when committed for con- tempt, and another appointed.

1694. Service of process, and so forth, upon gruardian. 1695. Establishment of identity of heirs.

Section 1681. Orders and decrees in probate proceedings.—

Orders and decrees made by the court or judge, in probate proceedings, need not recite the existence of facts, or the performance of

acts, upon which the jurisdiction of the court or judge may depend,

but it shall only be necessary that they contain the matters ordered, or adjudged, except as otherwise provided in chapters 23 to 36 of

this title. All orders and decrees of the court or judge must be

682
THE CODE OP CIVIL PROCEDURE [T. 4, § 1689

entered at length in the minute book of the court or must be signed

by the judge and filed; but decrees of distribution must always be

so entered at length.

1682. How often publication to be made.—When any publication

is ordered, such publication must be made daily, or otherwise as often

during the prescribed period as the paper is regularly issued, unless

otherwise provided in chapters 23 to 36 of this title. The court or judge may, however, order a less number of publications during the

period.

Cboss-Reiteren ce

Affidavit of publication, see sections 2072 and 2073 of this title. 1683. Citation, hovr directed, and what to contain.—Citations

must be directed to the person to be cited, signed by the clerk, and

issued under the seal of the court, and must contain

1. The title of the proceeding;

2. A brief statement of the nature of the proceeding;

3. A direction that the person cited appear at a time and place

specified.

1684. Citation, how issued.—The citation may be issued by the

clerk upon the application of any party, without an order of the

judge, except in cases in which such order is by the provisions of

chapters 23 to 36 of this title expressly required.

1685. Citation, how served.—The citation must be served in the same manner as a summons in a civil action.

Cboss-References

Service of summons, see section 165 of this title. Time for service of citation, see section 16S7 of this title. 1686. Personal notice given by citation.—When personal notice

is required, and no mode of giving it is prescribed in chapters 23 to 36 of this title, it must be given by citation.

1687. Citation to be served five days before return.—When no

other time is specially prescribed in chapters 23 to 36 of this title, citations must be served at least five days before the return-day

thereof.

1688. Rules of practice generally.—Except as otherwise provided

in chapters 23 to 36 of this title the provisions of chapters 4 to 16 of

this title are applicable to and constitute the rules of practice in the

proceedings mentioned in said chapters 23 to 36. I Cbos8-Refebence Rules of practice, see sections 71 et seq., of this title. 1689. New trials in probate proceedings.—The provisions of

chapters 4 to 16 of this title, relative to new trials, except insofar

as they are inconsistent with the provisions of chapters 23 to 36 of

this title, apply to the proceedings mentioned in said chapters 23

to 36 : Provided^ That hereafter a motion for a new trial in probate

proceedings can be made only in cases of contests of wills, either

563
T. 4, §1690] THE CODE OF CIVIL PROCEDURE

before or after probate, in proceedings under section 1621 of this

title and in those cases where the issues of fact, of which a new trial

is sought, were tried by a jur}^ or were of such character as to entitle the parties to have them tried by a jury whether or not they Avere so tried. Ckoss-Refebence

New trials, see sections 531 et seq., of this title. 1690. Issues joined in probate proceedings, how tried and disposed of.—All issues of fact joined in probate proceedings must be

tried in conformity with the requirements of sections 1231 to 1237

of this title, and in all such proceedings the party affirming is plaintiff, and the one denying or avoiding is defendant. Judgments

therein, on the issue joined, as well as for costs, may be entered and

enforced by execution or otherwise by the court as in civil actions.

Okoss-Referencb

Trial of issues, see section 1691 of this title. 1691. Court must try issues joined when no jury is demanded;

court must settle and frame issues when jury called.—If no jury

IS demanded, the court must try the issues joined, and sign and file its decision in writing, as provided in sections 501 and 502 of this

title. If, on written demand, a jury is called by either party, and the

issues are not sufficiently made up by the written pleadings on file, the court, on due notice to the opposite part}^, must settle and frame

the issues to be tried, and submit the same, together with the evi- dence of each party, to the jury, on which they must render a verdict.

Either party may move for a new trial, upon the same grounds and

errors, and in like manner, as provided in this title for civil actions.

Ckoss-Rekeeence

New trials, see section 16S9 of this title. 1692. Costs, by whom paid in certain cases.—AVhen it is not otherwise prescribed in chapter 23 to 36 of this title, the district court, ma}', in its discretion, order costs to be paid by any party to the proceedings, or out of the assets of the estate, as justice may

require. Execution for the costs may issue out of the district court. Cross-Refebence

Costs, against executor or administrator, see section 1489 of this title. 1693. Executor, etc., to be removed when committed for con- tempt, and another appointed.—Whenever an executor, administrator, or guardian is conunitted for contempt in disobe^ang any

lawful order of the court or judge, and has remained in custody for

thirty days without obeying such order, or purging himself otherwise of the contempt, the court may, by order reciting the facts, and

without further showing or notice revoke his letters and appoint some other person entitled thereto executor, administrate, or guaidian in his stead.

564
TSE CODE OF CIVIL PROCEDURE [*. 4, 1 169S

1694. Service of process, etc., upon guardian.—Whenever an in- fant, insane, or incompetent person has a guardian of his estate residing in the Canal Zone, personal service upon the guardian of

any process, notice, or order of the court concerning the estate of a deceased person in which the ward is interested, is equivalent to service upon the ward, and it is the duty of the guardian to attend

to the interests of the ward in the matter. Such guardian may also appear for his ward and waive any process, notice, or order to show

cause which an adult or a person of sound mind might do.

CROSS-RElf'EBENCE Service of summons on jniuor, see soctiuu 166 ol' this title. 1695. Establishment of identity of heirs.—In every case where

title to real or personal property, or any interest therein, shall have

vested or ma}^ hereafter become vested, other than by the laws of

succession, in the heirs, heirs of the body, issue, or children of any

person, without other description or means of identification of the

persons embraced in such description, any person interested in such

property as such heir, heir of the body, issue, or child, or the suc- cessor in interest of any such heir, heir of the body, issue, or child, or the legal representatives of any of such persons or of their said

successors in interest, may tile a verified petition in the district court

in and for the division wherein said property or any part thereof is situate, setting forth briefly the deraignment of title of petitioner,

a description of the property affected, and the names, ages, and

residences, if known, of the heirs, heirs of the body, issue, or children

whose identity is sought to be determined (or if any of the same

is dead or if the residence of any of the same is unknown, such facts

shall be stated) and a request that a decree be entered in said court determining and establishing the identity of the persons embraced

in such general description.

Notice of the time and place for the hearing of said petition must

be given by the clerk by posting notices thereof in three or more

public places in the Canal Zone at least ten days prior to the date

fixed by the clerk for said hearing.

Who may contest petition.—At any time before the date fixed

for such hearing any person interested in said property may answer

said petition and deny any of the matters contained therein.

Hearing and decree.—At the time fixed for such hearing or such

time thereafter as may be fixed by the court, the court must hear

the proofs offered by the petitioner, and of any person answering

the same and must make a decree conformable to the proofs. Such

decree shall have the same force and effect as decrees entered in

accordance with the provisions of chapters 23 to 36 of this title.

565
T. 4, § 1701] T3E CODE OF CIVIL PROCEDURE

CHAPTER 35.—PUBLIC ADMINISTRATOR

Sec. 1701 1702 1703

1704

1705

1709.

Sec. 1711. Civil officers to give notice of waste

to public administrator.

1712. Suits fur property of decedents.

1713. Order on public administrator to ac- count. 1714. Not to be interested in the payments

for or on account of the estates

in his hands.

1715. Commissions of public administrator.

1716. Public administrator to administer

oaths. 1717. Preceding; chapters applicable to public administrator.

Public administrator ; appointment.

What estates to be administered by

public administrator. Estates less than $150. Burial expenses of deceased persons. Payment of salary or claims. 1706. Disposition of estates of aliens in certain cases. 1707. When public administrator takes charge ; his bond and oath. 1708. Duty of persons in whose house any

stranger dies. Must return inventory and administer estates according to chapters 23 to 36. 1710. When another person is appointed ad- ministrator or executor, public ad- ministrator to deliver up the estate. Section 1701. Public administrator; appointment.—There shall be in the Canal Zone a public administrator appointed by the Governor of the Panama Canal.

Ceoss-Res'erence

Public administrator as guardian, see section 1747 of this title. 1702. What estates to be administered by public administrator.—The public administrator must take charge of the estates of

persons dying within the Canal Zone, or who, dying elsew^here, leave

estates in the Canal Zone, as follows

1. Of the estates of decedents for which no administrators or exec- utors are appointed, and which, in consequence thereof, may be

wasted, uncared for, or lost;

2. Of the estates of decedents who have no known heirs

3. Of the estates ordered into his hands by the court ; and

4. Of the estates upon which letters of administration or letters testamentary have been issued to him by the court. Cross-Refekencb

Fees, see section 1567 of this title. 1703. Estates less than $150.—Whenever the public administrator shall file with the clerk of the district court a statement that the

value of any estate, of which he has taken charge, is less than $150,

there shall be no regular administration on such estate unless additional estate be found or discovered ; and the public administrator

may pay out such funds to the creditors, heirs, or other persons

legally entitled thereto.

1704. Burial expenses of deceased persons.—Wlienever the public

administrator takes possession of the estate of a deceased person, as provided in section 1702 of this title, and the method of the defrayal

of the expense of the burial of said deceased is not otherwise provided

for by law or by the rules, agreement, or death benefits of any order

or lodge to which the deceased may at the time of his death Ibelong, or with which he may have been affiliated, the public administrator

may, in order to defray the proper expenses of the burial of the body

566
THE CODE OF CIVIL PROCEDURE [T. 4, § 170G

of the deceased and the expenses of the last illness, apply to the

judge of the district court for an order permitting the public administrator to summarily sell any personal property belonging to the

deceased, and to withdraw any money tliat the deceased may have on

deposit with any bank, and to collect any indebtedness or claim that

may be owing to or due the deceased.

No notice of the application need be given and no fee shall be

charged by the clerk of the court or the public administrator for the

filing of said application, or for any duty or service of the clerk or

I^ublic administrator or his attorney connected therewith.

Upon the sale of the personal property of the deceased, or the

collection of any money, claim, or indebtedness hj the public administrator under said order the public administrator shall use the same

for the expenses of the burial of the deceased, and the expenses of

the last illness. The public administrator shall file with the clerk of the court a statement showing the property of the deceased that came into his

hands and the disposition of the property of the deceased, and shall

file with the clerk vouchers showing what disposition was made of

the said property or of the proceeds thereof.

1705. Payment of salary or claims.—If a deceased or insane

person shall have to his credit with the Panama Canal or the Panama Railroad Company, any sum as salary or other acknowledged

claim, the amount so due shall be paid to the public administrator

upon demand and be by him administered as a part of said person's

estate: Provided, That if there should be other regular administration upon such person's estate in a court in the Canal Zone or in any

State in the United States, then the sum due shall be paid to such

other executor, administrator, or guardian upon presentation of duly

authenticated copies of the order or decree appointing such executor,

administrator, or guardian : And provided further, That in case the

amount so due in salary or wages from the Panama Canal or Panama Railroad Company does not exceed $100 and it is shown that

there is to be no administration of the deceased employee's estate either by the public administrator or otherwise, then payment may

be made to the person or persons who under the laws of the Canal

Zone would be entitled to receive the same, if administration were

had, under such regulations as may be prescribed by the Governor

of the Panama Canal.

1706. Disposition of estates of aliens in certain cases.—If a deceased intestate alien, whose estate is being administered by the public administrator, leaves no heirs in the Canal Zone or the Republic

of Panama entitled to receive such estate, the proceeds and residue

thereof may be delivered to the diplomatic or consular representative,

accredited to the Canal Zone or the Republic of Panama, of the country of which the deceased was a citizen or subject, for delivery by

such representative to the heirs of the deceased : Provided, That if the deceased was a citizen of the Republic of Panama, the residue

of his estate may be delivered to his heirs in the Republic of Panama

or to the authorities of the said Republic lawfully designated to receive the same.

567
T. 4, § 1707] THE CODE OF CIVIL PROCEDURE

1707. When public administrator takes charge; his bond and

oath.—Whenever a public administrator takes charge of an estate, of which he is entitled to take charge without letters of administration being issued, or under order of the court, he must, with all convenient dispatch, procure letters of administration thereon, in like manner and on like proceedings as letters of administration are issued to other persons. His official bond and oath are in lieu of the

administrator's bond and oath.

Ceoss-Refeeknce

Delivering estate to another appointed to act, see sections 1710 and 1713 of

tliis title. 1708. Duty of persons in whose house any stranger dies.—

Whenever a stranger, or person without known heirs, dies intestate

in the house or premises of another, the possessor of such premises,

or an3^one knowing the facts, must give immediate notice thereof to the public administrator; and in default of so doing, he is liable for any damage that may be sustained thereby, to be recovered by

the pui3lic administrator, or any party interested.

1709. Must return inventory and administer estates according

to chapters 23 to 36.—The public administrator must make and

return a perfect inventory of all estates taken into his possession,

administer and account for the same according to the provisions of

chapters 23 to 36 of this title, subject to the control and directions

of the court. 1710. When another person is appointed administrator or executor, public administrator to deliver up the estate.—If, at any

time, letters testamentary or of adminiRtrati(m are regularly granted

to any other person on an estate of which the public administrator

has charge, he must, under the order of the court, account for. pay,

and deliver to the executor or administrator thus appointed, all the

money, propert}'^, papers, and estate of every kind in his possession or under his control.

1711. Civil officers to give notice of waste to public administrator.—xVU civil officers must inform the })ublic administrator of all property known to them, belonging to a decedent, which is liable to

loss, injury, or waste, and which, by reason thereof, ought to be in

the possession of the public administrator.

1712. Suits for property of decedents.—The public administrator

must institute all suits and prosecutions necessary to recover the

property, debts, papers, and other estate of the decedent.

1713. Order on public administrator to account.—The court may,

at any time, order the public administrator to account for and

deliver all the money and property of an estate in his hands to the

heirs, or to the executors or administrators regularly appointed.

1714. Not to be interested in the payments for or on account of

the estates in his hands.—The public administrator must not be

interested in expenditures of any kind made on account of any

568
THE CODE OF CIVIL PROCEDURE [T. 4, § 1721

?state he administers; nor must ho be associated, in business or

otherwise, with any one who is so interested.

1715. Commissions of public administrator.—The commissions

to be charo^ed by the public administrator shall be as prescribed in

section loCT of this title: Provldedy That no commissions shall be

charged where it appears that the total assets of the estate do not

exceed $1,000 in value.

The public administrator shall pay over all such fees to the col- lector of the Panama Canal to be covered into the Treasury of the

United States as miscellaneous receipts.

1716. Public administrator to administer oaths.—The public administrator may administer oaths in regard to all matters touching

the discharge of his duties, or the administration of estates in his

hands.

1717. Preceding chapters applicable to public administrator.—

When no direction is given in this chapter for the government or guidance of a public administrator in the discharge of his duties,

or for the administration of an estate in his hands, the provisions of

chapters 23 to 34 of this title must govern, except that wherever

notice is required to be given, such notice may, in the discretion of

the court, be waived or be given by posting.

CHAPTER 36.—GUARDIAN AND WARD

Art. Sec.

1. Guardians of minors 1721

2. Guardians of insane and incompetent persons 1741

3. Powtrs and duties of guardians

1771

Art. Sec.

4. Sale of property and disposition of

ttie proceeds 1791

5. Nonresident guardians and wards- 1801

6. General and miscellaneous provi- sions 1811 ARTICLE 1.—GUARDIANS OF MINORS

bee

1721.

1722. Appointment of guardians.When minor may nominate guardian

when not. 1723. When appointment may be made by

court, when minor is over fourteen. 1724. Nomination by minors after arriving

at fourteen.

1725. Who may be guardian ; marriage of guardian does not affect guardianship. 1726. Powrrs and duties of guardian.

1727. Bond of guardian.

Sec. 1728 Court may insert conditions in order appointing guardian.

1729. Recording letters of guardianship.

1730. Maintenance of minor out of income

of his property.

1731. Guardian to give bond ; powers limited. 1732. Power of court to appoint guardians ad litem, not impaired.

1733. When power of guardian is superseded. 1734. Special notice of administrative pro- ceedings ; demand for by relatives.

Section 1721. Appointment of guardians.—Either division of the

district court, when it appears necessary or convenient, may appoint

guardians for the persons and estates, or either of them, of minors

who have no guardian legally appointed by will or deed, and who are inhabitants or residents of the division, or who reside outside the

Canal Zone and have estate within the division.

Such appointment may be made on the petition of a relative or

other person on behalf of the minor, or on the petition of the minor,

if fourteen years of age. Notice of proceedings.—Before making such appointment, the

court must cause such notice as such court deems reasonable to be

93083—34- -37
T. 4, § 1722] THE CODE OF CIVIL PROCEDURE

given to any person having the care of such minor, and to such relatives of the minor residing in the Canal Zone as the court may deem

proper. In all cases notice must be given to the parents of the minor

or proof made to the court that their addresses are unknown, or that,

for other reason, such notice cannot be given.

Temporary custody pending proceedings.—In all such proceedings, when it appears to the satisfaction of the court, either from a

verified petition, or from affidavits, that the welfare of the minor

Avill be imperiled if such minor is allowed to remain in the custody of

the person then having the care of such minor, the court may make an

order providing for the temporary custody of such minor until a hearing can be had on such petition.

Proceedings where minor liable to be carried out of canal

ZONE.—And when it appears to the court that there is reason to believe that such minor will be carried out of the jurisdiction of the

court before which the application is made, or will suffer some irreparable injury before compliance w^ith such order providing for the

temporary custody of such minor can be enforced, such court may at the time of making such order providing for the temporary custody

of such minor cause a warrant to be issued, reciting the lacts, and

directed to the marshal, commanding such officer to take such minor

from the custody of the person in whose care such minor then is and

place such minor in custody in accordance with the order of the court. Cross-references

Appointment upon removal or resignation of former guardian, see section 1812

of this title. Who may be guardian, see section 1725 of this title. Powers and duties of guardians, see sections 1771 et seq., of this title. Guardian and ward, see title 3, sections 201 to 216. Guardian ad litem, see sections 127, 128, 1694, 1732, and 1772 of this title. Minors, who are, see title 3, sections 21 and 22. Adoption of minors, see title 3, sections 191 et seq. Freeing from parental authority because of abuse, see title 3, section 173. Authority of parent ceases when, soe title 3, section 174. Seal necessary to appointment of guardian, see section 25 of this title. 1722. When minor may nominate guardian; when not.—If the

minor is under the age of fourteen years, the court may nominate

and appoint his guardian. If he is fourteen years of age, he may

nominate his own guardian, who, if approved by the court, must be

appointed accordingly.

1723. When appointment may be made by court, when minor is over fourteen.—If the guardian nominated by the minor is not

approved by the court, or if the minor resides out of the Canal Zone,

or if, after being duly cited by the court, he neglects for ten days to nominate a suitable person, the court or judge may nominate and

appoint the guardian in the same manner as if the minor were under

the age of fourteen years. 1724. Nomination by minors after arriving at fourteen.—When

a liiiardian has been appointed by the court for a minor under the age

of fourteen years, the minor, at any time after he attains that age, may nominate his own guardian, subject to the approval of the court.

570
TJtB CODE OF CIVIL PROCEbVttti [T. 4, §1727

1725. Who may be guardian; marriage of guardian does not

affect guardianship.—The father or the mother of a minor child

under the age of fourteen years, if found by the court competent to discharge the duties of guardianship, is entitled to be appointed a guardian of such minor child, in preference to any other person.

The person nominated by a minor of the age of fourteen years as

his guardian, whether married or unmarried, may, if found by the

court competent to discharge the duties of guardianship, be appointed

as such guardian. The authority of a guardian is not extinguished nor affected by the marriage of the guardian.

Cross-Referencb

Parent, as such, has no control over property of child, see title 3, section 172.

1726. Powers and duties of guardian.—Every guardian appointed

has the custody and care of the education of the minor, and the care and management of his estate, until such minor arrives at the age

of majority or marries, or until the guardian is legally discharged,

unless he is appointed guardian only of the person of the ward. In

that event, the guardian is charged with the custody of the ward,

and must look to his support, health, and education. He may fix the residence of the ward at any place in the Canal Zone, but not

elsewhere without the permission of the court. Ckoss-Refebences

Residence of ward, see title 3, section 183. Termination of authority, see section 1813 of this title.

1727. Bond of guardian.—Before the order appointing any person

guardian under this chapter takes effect, and before letters issue,

the court shall require of such person a bond to the minor, with sufficient sureties, to be approved by the judge, and in such sum as he

shall order, which sum shall not be less than twice the value of the

personal property and the probable value of the annual rents, issue,s

and profits of property belonging to the minor; where, however, a surety company is authorized by law to furnish such bond, the court

in its discretion may fix the amount of the bond given by such surety

company at not less than the value of the personal property and the

probable value of the annual rents, issues and profits of property

belonging to the minor conditioned that the guardian will faithfully execute the duties of his trust according to law, and the following

conditions shall form a part of such bond without being expressed

therein

1. To make an inventory of all the estate, real and personal of his

ward, that comes to his i3osses,sion or knowledge, and to return the same within such time as the court may order.

2. To dispose of and manage the estate according to law and for

the best interest of the ward, and faithfully to discharge his trust

in relation thereto, and also in relation to the care, custody, and

education of the ward.

3. To render an account on oath of the property, estate, and moneys

of the ward in his hands, and all proceeds or interests derived therefrom, and of the management and disposition of the same, within

571
T. 4, §1728] THE CODE OF CIVIL PROCEDURE

three months after his appointment, and at such other times as the

court directs, and at the expiration of his trust to settle hi,s accounts

with the court, or with the ward, if he be of full age, or his legal

representatives, and to pay over and deliver all the estate, moneys,

and effects remaining in his hands, or due from him on such settle- ment, to the person who is lawfully entitled thereto. Upon filing the

bond, duly approved, letters of guardianship must issue to the person

appointed. In form the letters of guardianship must be substantially

the same as letters of administration, and the oath of the guardian

must be indorsed thereon that he will perform the duties of his office as such guardian according to law.

Ckoss-Refekences

Accounts of guardians, see sections 1777 and 1778 of tliis title. Guardian's bond, see sections 1370 and 1731 of this title. 1728. Court may insert conditions in order appointing guardian.—When any person is appointed guardian of a minor, the court may, with the consent of .such person, insert in the order of appointment, conditions not otherwise obligatory, providing for the care, treatment, education, and welfare of the minor and for the care and

custody of his property. The performance of such conditions shall

be a part of the duties of the guardian, for the faithful performance

of which he and the sureties on his bond shall be responsible.

Cross-Refebence

Letters of special guardianship issuable at chambers, see section 27 of this

title. 1729. Recording letters of guardianship.—All letters of guardianship issued under the provisions of this chapter, with the affi- davits and certificates thereon, must be recorded by the clerk of

the court having jurisdiction of the persons and estates of the wards.

1730. Maintenance of minor out of income of his property.—If

any minor having a father living has property, the income of Avhich

is sufficient for his maintenance and education in a manner more

expensive than his father can reasonably afford, regard being had

to the situation of the father's family and to all the circumstances

of the case, the expenses of the education and maintenance of such

minor may be defrayed out of the income of his own property, in whole or in part, as judged reasonable, and must be directed by the

court; and the charges therefor may be allowed accordingly in the

settlement of the accounts of his guardian.

Ceoss-Rei^erences

Duty of parent to .sui)port and educate child, see title 3, section 1G6. Allowance to parent lor support of cliild, see title 3, section 171. Maintenance of ward, see section 1775 of this title. 1731. Guardian to give bond; powers limited.—Every testamentary guardian must qualify and has the same powers and must per- form the same duties with regard to the person and estate of his

ward as guardians appointed by the court, except so far as his powers and duties are legall}^ modified, enlarged, or changed by the will

ri72
THE CODE OF CIVIL PROCEJDUKI] [T. 4, § 1734 by which such guardian was appointerl, and except that such

guardian need not give bond unless directed to do so by the court. Cboss-Reteeences

Bond to be filed and presei'ved, see section 1815 of this title. Bond of guardian, see sections l.'>70, 1727 of this title. 1732. Power of court to appoint guardians ad litem, not impaired.—Nothing contained in this chapter affects or impairs the

power of the court to appoint a guardian to defend the interests

of any minor interested in any suit or matter pending therein.

Cross-Referbjnce

Guardian ad litem, see .sections 127, 128, 1G94 .ind 1772 of this title. 1733. When power of guardian is superseded.—The power of

a guardian appointed by a court is superseded

1. By order of the court;

2. If the appointment was made solely because of the ward's

minority, by his attaining majority;

3. The guardianship over the person of the w^ard by the marriage

of the ward.

1734. Special notice of administrative proceedings; demand for

by relatives.—At any time after the issuance of letters of guardianship upon the estate of any minor, insane, or incompetent person,

any relative of the ward, or the attorney for such relative, may

serve upon the guardian, or upon the attorney for the guardian, and

tile with the clerk of the court wherein administration of such ward's

estate is pending, a written request, stating that he desires special

notice of any or all of the following-mentioned matters, steps, or proceedings in the administration of said estate, to wit

1. Filing of the return of sales of any property of the ward's

estate.

2. Filing of accounts.

3. Filing of application for removal of ward's jjroperty to any

foreign jurisdiction.

4. Filing of petitions for partition of any property of the ward's

estate.

5. Proceedings for removal, suspension or discharge of the guardian, or final determination of the guardianship.

Request what to state; notice or rROCEEDiNcs.—Such request

shall state the post office address of such relative, or his attorney,

and thereafter a brief notice of the filing of any such petitions,

applications, or accounts, or proceedings, except petitions for sale of perishable property, or other personal property which will incur

expense or loss by keeping, shall be addressed to such relative, or his

attorney, at his stated post office address, and deposited in the post

office, within two days after the filing of such petition, account,

application, or the commencement of such proceedings; or personal

service of such notices may be made on such relative, or his attorney,

within said two days, and such personal service shall be equivalent

to such deposit in the post office, and proof of mailing or of personal

service must be filed with the clerk before the hearing of any such

matter.

573
T. 4, § 1741] THE CODE OP CIVIL PROCEDURE

Finding that notice given.—If, upon the hearing it shall appear

to the satisfaction of the court that the said notice has been regularly

given, the court shall so find in its order or judgment, and such

judgment shall be final and conclusive upon all persons.

ARTICLE 2.—GUARDIANS OF INSANE AND INCOMPETENT PERSONS

Sec. 1741.

A. In Genkbal

Guardians of insane and other in- competent persons. Appointment of guardian by court

after hearing.

1743. Appointment as guardian.

1744. Powers and duties of guardians.

1745. Proceeding for restoration to capacity.

Definition of incompetent.

Public administrator as guardian of

estates of insane employees, other

insane or incompetent persons, and

minors.

1741!

1746. 1747.

B. CoROZAL Hospital ; Admission, Keeping, AND DlSCH.\EGB OF PEESONS

1751. Keeping of insane persons in jail. 1752. Admission of patients In general. 1753. Petition for confinement of insane

persons.

Sec. 1754. Hearing to be prompt ; ordering cus- tody for observation. 1755. Admission of patient for observation

report on sanity. 1756. Contesting report on sanity. 1757. Temporary release of patients. 1758. Application for discharge of patient. 1759. Discharge of patients. 1760. Committing insane prisoners to hospital ; discharge. 1761. No repeal of provisions respecting

inquiry into insanity of defendants. 1762. Receiving patients from Panama or from Army or other service branch.

1763. Transfer to St. Elizabeths Hospital

of American citizens adjudged in- sane.

A. IN GENERAL

1741. Guardians of insane and other incompetent persons.—

When it is represented to the district court or judge, upon verified

petition of any relative or friend, that any person is insane, or from

any cause mentally incompetent to manage his property, such court or judge must cause a notice to be given to the supposed insane or incompetent person of the time and place of hearing the case, not less than five days before the time so appointed, and such person, if able to attend, must be produced on the hearing: Provided^

That when such person is a patient at a hospital in the Canal Zone

the certificate of the medical superintendent or acting medical superintendent of such hospital, to the effect that such patient is unable

to attend on the hearing shall be prima facie evidence of such fact. Ceoss-References

Guardian ad litem, see sections 127, 128, 1694, and 1772 of this title. Cruelt.v or neglect of duty toward insane person as felony, see title 5, section 374. 1742. Appointment of guardian by court after hearing.—If,

after a full hearing and examination upon such petition, it appears

to the court that the person in question is incapable of taking care of himself and managing his property, such court must appoint a guardian of his person and estate, or person or estate, with the powers

and duties in this chapter specified. Ckoss-Re^'krences Appointment at chambers, see section 27 of this title. Seal necessary, see section 25 of this title. 1743. Appointment as guardian.—In awarding letters of guardianship of the person and estate, or person or estate, of an insane or incompetent person, the court shall appoint as guardian such person

574
THE CODE OF CIVIL PROCEDURE [T. 4, §1747

as may have been designated pursuant to section 207 of title 3, in

which case such person shall be appointed unless good cause to the

contrary be shown.

1744. Powers and duties of guardians.—Every guardian appointed, as provided in the next preceding section, has the care and

custody of the person of his ward and the management of all his

estate, or the care and custody of the person of his ward or the

management of all his estate, according to the order of appointment,

until such guardian is legally discharged, and he must give bond

to such ward in like manner and with like conditions as before

prescribed with respect to the guardian of a minor.

Cboss-Refekences

Bond of guardians, see section 1727 of this title. Removal or resignation of guardian, see section 1812 of this title. 1745. Proceeding for restoration to capacity.—Any person who

has been declared insane or incompetent, or the guardian, or any

relative of such person within the third degree, or any friend, may

apply, by petition, to the division of the district court in which he was declared insane, to have the fact of his restoration to capacity

judicially determined. The petition must be verified, and must state that such person is then sane or competent. Upon receiving the

petition, the court must appoint a day for a hearing before the court,

and, if the petitioner requests it, must order an investigation before

a jury, which must be summoned and impaneled in the same manner

as juries in civil actions. The court must cause notice of the trial to be given to the guardian of the person so declared insane or incompetent, if there is a guardian, and to his or her husband or

wife, if there is one, and to his or her father or mother, if living in

the Canal Zone. On the trial, the guardian or relative of the person

so declared insane or incompetent, and, in the discretion of the court,

any other person, may contest the right to the relief demanded.

Witnesses may be required to appear and testify, as in civil cases, and may be called and examined by the court on its own motion. If

it is found that the person is of sound mind, and capable of taking

care of himself and his property, his restoration to capacity must

be adjudged, and the guardianship of such person, if such person is not a minor, must cease. 1746. Definition of incompetent.—The words " incompetent ", " mentally incompetent ", and " incapable ", as used in this chapter,

shall mean any person who, though not insane, is, by reason of old

age, disease, weakness of mind, or from any other cause, unable,

unassisted, to properly manage and take care of himself or his property, and by reason thereof would be likely to be deceived or imposed

upon by artful or designing persons.

1747. Public administrator as guardian of estates of insane employees, other insane or incompetent persons, and minors.—The

public administrator shall take charge of estates of persons employed

in the Canal Zone or the Republic of Panama by the Panama Canal

or Panama Railroad Company or members of their families who ha,ve

675
T. 4, §1751] THE CODE OF CIVIL PROCEDURE

been adjudged insane by the district court or by a competent court

of any State, where such estates consist of personal property and no

legal guardian has been appointed.

The district court may in its discretion appoint the public administrator guardian of the estate of any other insane or incompetent

person or of any minor.

The public administrator shall comply with all of the provisions

of this chapter with respect to the guardianship of similar estates by other persons : Provided^ hoivever, That his official bond and oath

shall satisfy-the requirements with respect to a guardian's bond and

oath : And provided further'^ That w^herever notice is required to be

given, such notice may, in the discretion of the court, be waived or be given by posting.

Cross-Refebence

Payineut to public administrator of sums due insane persons from Canal

or Railroad, see section 1705 of this title.

B. coROZALi hospital; admission, keeping, and dischaege of persons

1751. Keeping of insane persons in jail.—No person under observation for insanity or declared to be insane shall be kept in jail,

prison, or other similar institution, but shall be kept in suitable quarters within the Corozal Hospital or at such other place as may be

deemed advisable by the Superintendent of Corozal Hospital.

Cross-References

Assisting in escai^e of i^erson le^rally confined in hospital, see title 5, section

205.Cruelty or neglect of duty toward insane person as felony, see title 5, section 374. 1752. Admission of patients in general.—Except as otherwise

provided in respect to the admission of insane patients from the

Kepublic of Panama, and the admission of members of the United

States Army, Navy, and Marine Corps, and beneficiaries of the

United States Public Health Service for observation and care pending their transfer to the United States, no person shall be admitted

or detained as a patient in the Corozal Hospital except upon the

order of the district judge of the Canal Zone: Provided, That if a patient is in a state of violent insanity he may be admitted at once by the superintendent of Corozal Hospital, without an order from

the court, into the quarters provided for the observation of persons

alleged to be insane, upon the written request of any physician

employed by the United States Government; or such patient may be

admitted to the observation quarters by said superintendent upon

his own authority.

It shall be the duty of the superintendent of Corozal Hospital to

file a written report with the clerk of the di.strict court within fortyeight hours after the patient has been admitted to the observation

quarters, which report shall set out the name, age, and physical

condition of the patient, together with the name of physician attending patient at time of admission, and as soon as the clerk shall have

received the report, he shall enter it upon the docket and the district

576
THE CODE OF CIVIL PROCEDURE [T. 4, § 1757 judge shall proceed to examine and determine the case in like manner

as if the petition had been presented to him prior to the patient's

admission into observation quarters.

1753. Petition for confinement of insane persons.—To obtain the

judicial order provided for in the next preceding section, it shall be

necessary for a relative of the person alleged to be insane, or a physician or other interested person in the Canal Zone, to present a

petition, duly subscribed and sworn to by the petitioner, to the judge

of the district court, which petition shall state the sex, age, and

nationality of patient, if known, and the facts showing the patient's

mental infirmity, and, if possible, the history of the case and the

form of insanity with which he is suffering and the attending cir- cumstances making it necessary that he be confined in the asylum.

If such petition is presented by other than a relative, and there is a known relative within or near the Canal Zone, notice thereof shall

be given to such relative. The petition shall be accompanied by a

certificate signed by one or more reputable physicians to the effect that in their opinion such person is insane.

1754. Hearing to be prompt; ordering custody for observation.—The petition provided for in the next preceding section shall

take precedence over all other matters pending before the court, and

if the facts stated therein are sufficient to satisfy the court of the

insanity of the person sought to be confined, orders shall be issued at once directing that the person alleged to be insane be taken in custody

for observation.

1755. Admission of patient for observation; report on sanity.—

The order of the judge directing that the person alleged to be insane

be placed under observation shall be sufficient authority for the

superintendent of Corozal Hospital to admit the patient into the

hospital or other suitable quarters and to detain him for the purpose

of observation.

Within thirty days after the patient has been placed under observation the superintendent of Corozal Hospital shall file with the

clerk of the court a written report stating whether the patient is sane or insane, and the facts upon which such statement is based.

If the observation shall show that the patient is not insane he shall

be set at liberty by the superintendent of Corozal Hospital at once, and such action shall be noted in the report submitted to the court. If the observation shall show that the patient is insane, it shall be

the duty of the court to render judgment therein, either committing

the patient to the Corozal Hospital or directing that he be turned

over to his relatives or friends who are able and willing to care for him.

1756. Contesting report on sanity.—The relatives of the person

alleged to be insane, or the district attorney, may appear and contest the report of the superintendent, and in such cases the judge

shall hear the evidence presented by the parties and render judgment

thereon, as provided in the next preceding section.

1757. Temporary release of patients.—Whenever any patient

who is not serving a sentence for violation of the criminal laws of

877
T. 4, §1758] TBE CODE OF CIVIL PROCEDURE

the Canal Zone has shown such improvement in his mental condition as would, in the opinion of the superintendent, warrant his temporary release for the purpose of determining whether such improvement is permanent and would eventually warrant the discharge of

the patient, the superintendent may release such patient for such

period as may be deemed proper by the superintendent after the

latter by adequate investigation has satisfied himself that the patient

has relatives or friends who are able and willing to receive and care

for such patient. If, during such release, it shall appear to the

superintendent that the patient should be discharged, a statement

as provided in section 1759 of this title shall be filed with the clerk

of the court. 1758. Application for discharge of patient.—Any person interested in an inmate of the Corozal Hospital, who believes such in- mate is improperly detained therein, may make application to the

district judge for the discharge of such patient. Upon receipt of

such application the judge shall issue an order to the superintendent

of Corozal Hospital to make a report on the patient's condition, and

upon the receipt of such report shall consider the case, and, in his

discretion, may grant or deny the application. The judge may cause

the patient to be examined by two competent physicians, who shall

report in writing as to the condition of the patient.

1759. Discharge of patients.—Any patients, except those serving

sentences for violation of the criminal laws of the Canal Zone,

may be discharged by the superintendent. He shall file with the

clerk of the court a written statement that in his judgment such

patient has recovered or that the discharge will not be detrimental

or dangerous to the public welfare or injurious to the patient: Provided, That before discharging any patient who has not recovered,

the superintendent shall satisfy himself by adequate investigation

that the relatives or friends of the patient are able and willing to receive and care for such patient or that suitable measures for

deportation have been taken.

1760. Committing insane prisoners to hospital; discharge.—If

any person confined in a prison or penitentiary under the sentence of a court become insane, he shall be committed to the Corozal

Hospital by the judge of the district court. In all such cases the

provisions of sections 1751 to 1761 of this title, relating to the period

of observation of the patient and the trial of the issue as to his

insanity, shall be observed. Whenever a person is committed to the

Corozal Hospital under the provisions of this section, the order of

commitment issued by the court shall include a statement of the

offense of which the person was convicted, the term of his imprisonment, and the date upon which said term is to expire. Should such

person be discharged from the Corozal Hospital before the date of

the expiration of his term of imprisonment, he shall be returned to the penal institution from which he was taken.

1761. No repeal of provisions respecting inquiiy into insanity

of defendants.—Nothing contained in sections 1751 to 17G0 of this

title shall be construed to repeal or modify the provisions of title

078
TBS CODE OF CIVIL PROCEDURE [T. 4, § 1771

6, The Code of Criminal Procedure, relating to inquiry into the

insanity of defendants before trial or after conviction.

Cross-Refere:nck

Inquiry into sanity of defendants before trial or after conviction, see title

6. sections 811 to 816. 1762. Receiving patients from Panama or from Army or other

service branch.—Insane patients from the Republic of Panama may

be admitted and detained in the Corozal Hospital, and discharged

therefrom, in accordance with the existing agreements betAveen the

Canal Zone authorities and the Panaman authorities, or under such

changes and modifications of said agreements as may be made from

time to time.

The superintendent of Corozal Hospital is authorized to receive

and detain as patients, insane members of the United States Army,

Navy, and Marine Corps, and beneficiaries of the United States

Public Health Service, for observation and care pending their

transfer to the United States, upon the order of the official in charge

of the respective service in the Canal Zone.

1763. Transfer to St. Elizabeths Hospital of American citizens

adjudged insane.—Upon the application of the Governor of the

Panama Canal the Secretary of the Interior is authorized to transfer

to St. Elizabeths Hospital, in the District of Columbia, for treat- ment, all American citizens legally adjudged insane in the Canal

Zone whose legal residence in one of the States and Territories or the

District of Columbia it has been impossible to establish. Upon the

ascertainment of the legal residence of persons so transferred to the

hospital, the superintendent of the hospital shall thereupon transfer

such persons to their respective places of residence, and the expenses

attendant thereon shall be paid from the appropriation for the

support of the hospital. (June 12, 1917, ch. 27 sec. 1, 40 Stat. 179

[U.S. Code, title 24, sec. 196].)

ARTICLE 3.—POWERS AND DUTIES OF GUARDIANS

Sec. 1771. Guardian to pay debts of ward from

ward's estate. 1772. Guardian to recover debts due his ward and represent him.

1773. Guardian to manage estate frugally, maintain ward and sell or mort- gage real estate. 1774. Support of wife from her estate. 1775. Maintenance, support, and education

of ward, how enforced.

Sec. 1776. Guardians, powers of, in partition. 1777. Inventory of ward's estate ; refusal

of guardian to return inventory.

1778. Account of guardian.

1779. Allowance of accounts of joint guardians. 1780. Expenses and compensation of guardians.

1771. Guardian to pay debts of ward from ward's estate.—Every

guardian appointed under the provisions of this chapter, whether

for a minor or any other person, must pay all just debts due from

the ward out of his personal estate and the income of his real estate,

if sufficient; if not, then out of his real estate upon selling or mortgaging it and disposing of the proceeds in the manner provided in

sections 1791 to 1796 of this title. Ceoss-Re^feeencb Order of sale of property, see sections 1773, and 1791 et seq., of this title.

57»
T. 4, §1772] THE CODE OF CIVIL PROCEDURE

1772. Guardian to recover debts due his ward and represent

him.—Every guardian must settle all accounts of the ward, and

demand, sue for, and receive all debts due to him, or may, with the

approbation of the court, compound for the same and give discharges

to the debtor, on receiving a fair and just dividend of his estate and

effects; and he must appear for and represent his ward in all legal

suits and proceedings, unless another person be appointed for that

purj)ose.

Cboss-Refekences

Appearance by guardians, see sections 127 and 177G of this title. Appearance in magistrate's court, see section 695 of this title. Powers of guardian in partition, see section 1776 of this title. Guardian ad litem, see sections 127, 128, 1694, and 1732 of this title. 1773. Guardian to manage estate frugally, maintain ward, and

sell or mortgage real estate.—Every guardian must manage the

estate of his ward frugally and without waste, and apply the income

and profits thereof, so far as may be necessary, for the comfortable

and suitable maintenance and support of the ward and his family,

if there be any; and if such income and profits be insufficient for

that purpose, the guardian may sell or mortgage the real estate, as provided in this title, and must apply the proceeds of such sale or mortgage, so far as may be necessary, for the maintenance and

sujDport of the ward and his family, if there be any.

Cross-Refeeences

Allowance to parent for support of child, see title 3, section 171. Duty of parent to support and maintain child, see title 3, section 166. Maintenance of ward out of income, see section 1730 of this title. Sale of property and disposition of proceeds, see sections 1791 et seq., of

this title. 1774. Support of wife from her estate.—If the husband is unable

to provide suitably for the care or support of a wife over whose

estate a guardian has been appointed by reason of incompetency,

the expense of providing such care or support, may, to the extent

necessary, be charged against and defrayed out of such estate, as previously directed by the court or as subsequently approved by

the court in settling the accounts of the guardian of the estate; for

this purpose the guardian may sell or mortgage estate of the ward

as provided in this title. 1775. Maintenance, support, and education of ward, howenforced.—When a guardian has advanced, for the necessary maintenance, support, or education of his ward, an amount not disproportionate to the value of his estate or his condition of life, and the same is made to appear to the satisfaction of the court, by proper

vouchers and proofs, the guardian must be allowed credit therefor

in his settlements. Whenever a guardian fails, neglects, or refuses

to furnish suitable and necessary maintenance, support, or education

for his ward, the court may order him to do so, and enforce such

order by proper process. Whenever any third person, at his request,

supplies a ward with such suitable and necessary maintenance, sup580
THE CODE OF CIVIL PROCEDURE [T.4, § 1777

port, or education, and it is shown to have been done after refusal or neglect of the guardian to supply the same, the court may direct

the guardian to pay therefor out of the estate, and enforce such

payment by due process. Cross-Reference

Duty to maintain ward out of proceeds, see sections 1730 and 1773 of tliis title. 1776. Guardians, powers of, in partition.—The guardian may

join in and assent to a partition of the real or personal estate of the

ward, wherever such assent may be given by any person : Provided,

That such assent can only be given after the court having jurisdiction over said estate shall grant an order conferring such authority,

which order shall only be made after a hearing in open court upon

the petition of the guardian after notice of at least ten days, mailed

by the clerk of the court to all the known relatives of the ward

residing in the Canal Zone. The guardian may also consent to a partition of the real or personal estate of his ward without action,

and agree upon the share to be set off to such ward, and may execute a release in behalf of his ward to the owners of the shares, of the

parts to which they may be respectively entitled, upon obtaining

from said court having jurisdiction over said estate, authority to so consent after a hearing in open court upon the petition of the

guardian after notice of at least ten days, mailed by the clerk of the court to all the known relatives of the ward residing in the Canal

Zone.

Cross-Re!ferenob

Appearence by guardian, see sections 127 and 1694 of tlii;^ title.

1777. Inventory of ward's estate; refusal of guardian to return

inventory.—Every guardian must return to the court a verified

inventory of the estate of his ward within thirty days after his

appointment. He must annually thereafter, and at such other times

as directed by the court, render a verified account of the estate of his

ward. All the estate of the ward described in the first inventory

must be appraised by appraisers, appointed, sworn, and acting in

the manner provided for regulating the settlement of the estates of decedents. Such inventory, with the appraisement of the property

therein described, must be recorded by the clerk of the court in a proper book kept in his office for that purpose. Whenever any

other property of the estate of any ward is discovered, not included

in the inventory of the estate already returned, and whenever any

other property, has been succeeded to, or acquired by any ward, or

for his benefit, the like proceedings must be had for the return and

appraisement thereof and the service of the same as are herein provided in relation to the first inventory and return. If within the

time prescribed, or within such further time, not exceeding two

months which the court or judge shall for reasonable cause allow, the

guardian neglects or refuses to return the inventory or render his

account, the court may, upon notice, revoke the letters of guardian581
[T. 4, § 1778] THE CODE OF CIVIL PROCEDURE

ship and the guardian shall be liable on his bond for any injury to the estate, or any person interested therein, arising from such failure.

Cross-Reference

Receiving account at chambers, see section 27 of this title. 1778. Account of guardian.—The guardian must, upon the expiration of a year from the time of his appointment and as often

thereafter as he may be required, present his account to the court

for settlement and allowance. The termination of the relation of

guardian and ward by the death of either guardian or ward or by

the ward attaining his majority or being restored to capacity shall

not cause the court to lose jurisdiction of the proceeding for the

purpose of settling the accounts of the guardian,

Ceoss-Refeeences

Bond as requiring accounting, see section 1727 of this title. Release by ward after attaining majority, see title 3, section 215. Guardian not discharged until year after majority, see title 3, section 216. Relationship confidential, see title 3, section 209. Deceased guardians, account of, see section 1585 of this title. 1779. Allowance of accounts of joint guardians.—When an

account is rendered by two or more joint guardians, the court may,

in its discretion, allow the same upon the oath of any of them.

1780. Expenses and compensation of guardians.—Every guardian must be allowed the amount of his reasonable expenses incurred

in the execution of his trust, and he must also have such compensation for his services as the court in which his accounts are settled deems just and reasonable. He must also be allowed all reasonable

and proper disbursements, made after the legal termination of the

guardianship, but while that relation, by consent or acquiescence of

the parties, still subsists in fact, and before the discharge of the

guardian by the court, and which were made by the consent, express

or implied, of the ward, and for his benefit or the benefit of his

estate. Ceoss-Reference

Advances made, see section 1775 of this title. ARTICLE 4. -SALE OF PROPERTY AND DISPOSITION OF THE

PROCEEDS

Sec. 1791 When income from ward's estate Is insufficient. 1792. Application of proceeds of sales. 1793. Investment of proceeds of sales. 1794. Sales of property to conform to law

governing executor.s.

Sec. 1795. Proceedings for completion of sales by guardians.

1796. Court may order the investment of money of the ward.

1791. When income from ward's estate is insufficient.—When

the income of an estate under guardianship is insufficient to maintain

the ward and his family or to maintain and educate the ward when

a minor, or to pay for his care, treatment, and support, if confined

in a hospital for the insane in the Canal Zone, his guardian may

sell his real or personal estate, or mortgage the real estate for that

582
TBB CODE OP CIVIL PROCEDURE [T. 4, § 1796 purpose subject to confirmation of such sale or mortgage by the

court. Ckoss-Refeeence

Power of guardian to sell property, see section 1771 of this title.

1792. Application of proceeds of sales.—If the estate is sold for

the purposes mentioned in this article, the guardian must apply the

proceeds of the sale to such purposes, so far as necessary, and put

out the residue, if any, on interest, or invest it in the best manner in

his power, until the capital is wanted for the maintenance of the

ward and his family, or the education of his children, or for the

education of the ward when a minor, in which case the capital may

be used for that purpose, so far as may be necessary, in like manner

as if it had been personal estate of the ward.

CrOSS-REa?EEENCB Court may order investment of money of ward, see section 1796 of this title. 1793. Investment of proceeds of sales.—If the estate is sold for

the purpose of putting out or investing the proceeds, the guardian

must make the investment according to his best judgment, or in pur- suance of any order that may be made by the court. Cross-Reference

Investment of money, see section 1796 of this title. 1794. Sales of property to conform to law governing executors.—

All the proceedings by guardians concerning sales of property of

their wards, giving notice of sale, reselling the same property, return

of sale and application for confirmation thereof, notice and hearing

of such application, making orders rejecting or confirming sales and

reports of sales, ordering and making conveyances of property sold,

allowance of commissions, accounting and settlement of accounts,

must be had and made as required by the provisions of chapters 23

to 35 of this title concerning estates of decedents, unless otherwise

specially provided in this chapter. All known relatives of the ward

within the third degree residing in the Canal Zone whose addresses

are known to the guardian shall within two days after filing of the return of sale be served by mail with a brief notice of the time set for hearing of the return. Cross-Referench

Settlement of accounts after letters revoked, see section 1575 of this title. 1795. Proceedings for completion of sales by guardians.—All

proceedings for the completion of contracts for the sale of real estate by guardians must be had and made as required by the provisions of

chapters 23 to 35 of this title concerning the conveyance of real estate by executors and administrators under sections 1541 to 1551 of this

title, and said sections are hereby made applicable to conveyances by

guardians as provided by section 1822 of this title. 1796. Court may order the investment of money of the ward.—

The court, on the application of a guardian, or any person interested

583
T. 4, §1801] THE CODE OF CIVIL PROCEDURE

in the estate of any ward, after such notice to persons interested

therein as the court shall direct, may authorize and require the

guardian to invest the proceeds of sales, and any other of his ward's

money in his hands, in any manner most to the interest of all con- cerned therein, and the court may make such other orders and give

such directions as are needful for the management, investment, and

disposition of the estate and effects as circumstances require.

Cross-Refekences

Investments by guardians, see section 1793 of this title. Application of proceeds of sales, see section 1792 of this title. ARTICLE 5.—NONRESIDENT GUARDIANS AND WARDS

Sec. 1801. Guardians of nonresident persons. 1802. Powers and duties of guardians ap- pointed under preceding section. 1803. Such guardians to give bonds.

1804. To what guardianship shall extend.

Sec. 1805. Removal of nonresident ward's property. 1806. Proceedings on such removal.

1807. Discharge of guardians.

1801. Guardians of nonresident persons.—The district court may

appoint a guardian of the person and estate, or either, of a minor,

insane, or incompetent person, who has no guardian within the

Canal Zone, legall}'^ appointed by will, deed, or otherwise, and who

resides out of the Canal Zone, and has estate within the division

or, who, though not having such estate, is within the division, upon

petition of any friend of such person or any one interested in his

estate, in expectancy or otherwise. Before making such appointment, the court must cause notice to be given to all persons interested,

in such manner as such court deems reasonable.

Cross-Refeeences

Foreign guardian, see section 1939 of this title. Appearance by guardian, see sections 127, 128, 1694, 1732, and 1777 of this

title. Appointment of guardians and issuance of letters at chambers, see section 27 of this title. 1802. Powers and duties of guardians appointed under precedingsection.—Every guardian, appointed under the next preceding sec- tion, has the same powers and performs the same duties, with respect

to the estate of the ward found within the Canal Zone, and with

respect to the person of the ward, if he shall come to reside therein,

as are prescribed with respect to any other guardian appointed under

this chapter.

Cross-Referencb Powers and duties of guardians, see sections 1771 et seq., of this title. 1803. Such guardians to give bonds.—Every guardian must give

bond to the ward, in the manner and with the like conditions as hereinbefore provided for other guardians, except that the provisions respecting the inventory, the disposal of the estate and effects,

and the account to be rendered by the guardian, must be confined

to such estate and effects as come to his hands in the Canal Zone.

CkOSS-ReI Ei]?ENCE Bond, see section 1727 of this title. 584
THE CODE OF CIVIL PROCEDURE [T. 4, § 1807 1804. To what guardianship shall extend.—The guardianship

which is first hiwfully granted of any person residing out of the

Canal Zone extends to all the estate of the ward within the Canal

Zone.

1805. Removal of nonresident ward's property.—When the

guardian and ward are both nonresidents, and the ward is entitled

to property in the Canal Zone, which may be removed to a State or foreign country without conflict with any restriction or limitation

thereupon, or impairing the right of the ward thereto, such property

may be removed to the State or foreign coinitry of the residence

of the ward, upon the application of the guardian to the division of

the district court in which the estate of the ward, or the principal

part thereof, is situated.

1806. Proceedings on such removal.—The application must be

made upon ten days' notice to the resident executor, administrator, or guardian, if there be such, and upon such application the nonresident guardian must produce and file a certificate, under the

hand of the clerk and seal of the court, from which his appointment was derived, showing

1. A transcript of the record of his appointment.

2. That he has entered upon the discharge of his duties.

3. That he is entitled, by the laws of the State, of his appointment

to the possession of the estate of the ward or must produce and file a certificate, under the hand and seal of the clerk of the court having

jurisdiction in the country of his residence, of the estates of persons

under guardianship, or of the highest court of such country, attested

by a minister, consul, or vice consul of the United States, resident

in such country, that, by the laws of such country, the applicant

is entitled to the custody of the estate of his ward, without the

appointment of any court. Upon such application, unless good cause

to the contrary is shown, the court must make an order granting to such guardian leave to take and remove the property of his ward

to the State or places of his residence, which is authority to him to sue for and receive the same in his own name, for the use and benefit

of his ward.

1807. Discharge of guardians.—Such order is a discharge of the

executor, administrator, local guardian, or other person in whose

possession the property may be at the time the order is made, on

filing with the clerk of the court a receipt therefor of a foreign

guardian of such absent ward, and transmitting a duplicate receipt, or a certified copy of such receipt, to the court from which such

nonresident guardian received his appointment.

93083—34 38 fJgS
T. 4, § 1811] THE CODE OF CIVIL PROCEDURE

ARTICLE 6.—GENERAL AND MISCELLANEOUS PROVISIONS

Sec. 1811. Examination of persons suspected of defrauding wards or concealing

property.

1812. Removal and resignation of guardian, and surrender of estate. 1813. Guardlansliip, how terminated.

1814. New bond, when required. 1815. Guardian's bond to be filed ; action

on. 1816. Limitation of actions on guardian's

bond.

1817. Limitation of actions for the recov- ery of property sold. 1818. More than one guardian of a person may be appointed.

Sec. 1819. Order appointing guardian, how entered. 1820. Provisions of sections 902 and 963

apply to guardians.

1821. Court may make decree authorizing

guardian to make conveyance lor incompetent.

1822. Conveyance by guardian.

1823. Attorney's fees against minor fixed by court ; judgment not in excess

of $500.

1824. Parent's right to compromise claim

of minor.

1811. Examination of persons suspected of defrauding wards or

concealing property.—Upon complaint made by any guardian, ward,

creditor, or other person interested in the estate, or having a prospective interest therein as heir or otherwise, against any one sus- pected of having concealed, embezzled, smuggled, or fraudulently

disposed of, any of the money, goods, or effects, or an instrument in

writing belonging to the ward or to his estate, the district court may

cite such suspected person to appear before such court, and may

examine and proceed against him on such charge in the manner

provided in chapters 23 to 35 of this title, with respect to persons

suspected of and charged with concealing, embezzling, smuggling,

or fraudulently disposing of the effects of a decedent.

Cboss-Reterencb

Embezzlement of property of estate, see sections 1451 et seq., of this title. 1812. Removal and resignation of guardian, and surrender of

estate.—When a guardian, appointed either by the testator or the

court, becomes insane or otherwise incapable of discharging his trust or unsuitable therefor, or has wasted or mismanaged the estate, or

failed for thirty days to render an account or make a return, the

district court may, upon such notice to the guardian as the court may

require, remove him and compel him to surrender the estate of the

ward to the person found to be lawfully entitled thereto. Every

guardian may resign when it appears proper to allow the same ; and

upon the resignation or removal of a guardian, as herein provided,

the court may appoint another in the place of the guardian who

resigned or was removed.

Cboss-Refebenoes

Removal of guardian committed for contempt, see section 1003 of this title. Suspension of power of guardian, see title 3, section 214. Grounds for removal of guardian, see title 3, section 212. 1813. Guardianship, how terminated.—The marriage of a minor

ward terminates the guardianship of the person of such ward, but

not the estate; and the guardian of an insane or other person may

be discharged by the court, when it appears on the application of

the ward or otherwise, that the guardianship is no longer necessary.

686
THE CODE OF CIVIL PROCEDURE [T. 4, § 1820

Ceoss-Refesences

Termination of autliority, see section 1733 of this title. Suspension of power of guardian, see title 3, section 214. Discharge one year after ward's majority, see title 3, section 216. 1814. New bond, when required.—The court may require a new

bond to be given by a guardian whenever such court deems it neces- sary, and may^ discharge the existing sureties from further liability,

after due notice given as such court may direct, when it shall appear

that no injury can result therefrom to those interested in the estate. 1815. Guardian's bond to be filed; action on.—Every bond given

by a guardian must be filed and preserved in the office of the clerk

of the district court, and in case of a breach of a condition thereof,

may be prosecuted for the use and benefit of the ward, or of any

person interested in the estate. Ceoss-Refekence

Real party in interest, see section 122 of this title. 1816. Limitation of actions on guardian's bond.—No action can

be maintained against the sureties on any bond given by a guardian,

unless it be commenced within three years from the discharge or removal of the guardian; but if at the time of such discharge the

person entitled to bring such action is under any legal disability to

sue, the action may be commenced at any time within three years

after such disability is removed.

1817. Limitation of actions for the recovery of property sold.—

No action for the recovery of any estate, sold by a guardian, can

be maintained by the ward, or by any person claiming under him,

unless it is commenced within three years next after the termination

of the guardianship, or when a legal disability to sue exists by reason

of minority or otherwise, at the time when the cause of action ac- crues, within three years next after the removal thereof.

1818. More than one guardian of a person may be appointed.—

The court, in its discretion, whenever necessary, may appoint more

than one guardian of any person subject to guardianship, each of

whom must give a separate bond, and be governed and liable in all respects as a sole guardian.

1819. Order appointing guardian, how entered.—Any order appointing a guardian becomes a decree of the court and must be en- tered at length in the minute book of the court or must be signed

by the judge and filed. The provisions of chapters 23 to 35 of this title, relative to the

estates of decedents, so far as they relate to the practice in the district court, apply to proceedings under this chapter.

Ckoss-Refekencb

Power at chambers, see section 27 of this title. 1820. Provisions of sections 962 and 963 apply to guardians.—

The provisions of sections 962 and 963 of this title are hereby de587
T. 4, §1821] THE CODE OF CIVIL PROCEDURE

Glared to appl}^ to guardians appointed by the court, and to the bonds

taken or to be taken from such guardians, and to the sureties on

such bonds.

1821. Court may make decree authorizing guardian to make

conveyance for incompetent.—When a person who is bound by a contract in writing to convey any real estate shall afterwards and

before making the conveyance become and be adjudged to be an

incompetent pereon, the court may make a decree authorizing and

directing his guardian to convey such real estate to the person entitled

thereto. Such decree may be made under the provisions of sections

1541 to 1551 of this title, all of which provisions are hereby in- corporated in this section ; the word " incompetent " being .substi- tuted for the word " deceased " or " decedent " and the word " guardian " being substituted for the words " administrator " or " executor ", respectively, wherever said words occur. 1822. Conveyance by guardian.—When a person who is bound

])y contract in writing to convey any real estate, or to transfer any

personal property, dies before making conveyance or transfer, and

in all cases when such decedent, if living might be compelled to make ,such conversance or transfer, the court, having jurisdiction of

the guardianship proceedings of such minor may make a decree

authorizing and directing the guardian of any minor, who has suc- ceeded by distribution to the estate of such deceased person, to con- vey or transfer such real estate or personal property to the person

entitled thereto.

1823. Attorney's fees against minor fixed by court; judgment

not in excess of $.500.—All contracts for attorney's fees made by or for the benefit of minors shall be void, and whenever a judgment

shall be recovered by or on behalf of a minor, the attorney's fees chargeable against said minor shall be fixed by the court in which

said judgment is rendered; and if said judgment is for money, and

there is no general guardian of said minor, one shall be appointed

by the court, and the entire amount of the judgment shall be paid to and shall be cared for by such general guardian, under the control

of the court: Provided, That where a minor has brought an action

by a guardian ad litem and has recovered a money judgment not in excess of $500, exclusive of costs, and the guardian ad litem is a parent or blood relative of said minor, then, with the approval of

the court that rendered the judgment the Avhole amount of said

judgment may be paid directly to such guardian ad litem without

any bond being required therefor. The court in any of the cases provided for herein may direct the amount fixed as attorney's fees to be paid directly to the attorney, and the balance to be paid to such

guardian ad litem of said minor, or to the general guardian of said

minor if a general guardian has been appointed or is required by

the court. 1824. Parent's right to compromise claim of minor.—Where a minor shall have a disputed claim for money against a third person,

the father, and if the father be dead or has deserted or abandoned

the minor, then the mother of said minor, shall have the right to

.588
I

THE CODE OF CIVIL PROCEDURE [T. 4, § 1832 compromise such claim, but before the compromise shall be valid or of any eilect the sauie shall be approved by the division of the

district court where the minor resides, upon a verified petition in writing, regularly filed with said court. If the court approves such

compromise, the said district court may direct the money to be paid

to the father or mother of such minor, with or without the filing of

any bond, or it maj' require a general guardian or guardian ad litem

to be duly appointed and the money to be paid to such guardian or guardian ad litem with or without a bond as in the discretion of the court seems to the best interests of said minor. The clerk of the

district court shall not charge any fee for filing said petition for

leave to compromise or for placing the same upon the calendar to be heard bj' the court. CHAPTER 37.—ESTATES OF MISSING PERSONS

Sec. 1S31. Trustees of the estates of missing

persons ; appointment of, by the

court.

r Sec. 1832. Bonds to be given by trustees. 1833. Powers and duties of trustees

Section 1831. Trustees of the estates of missing persons; appointment of, by the court.—Whenever any resident of the Canal

Zone, who owns or is entitled to the possession of any real or per- sonal property situate therein, is missing, or his whereabouts un- known, for ninety days, and a verified petition is presented to the

division of the district court of which he is a resident by his wife or any of his family or friends, representing that his whereabouts has

been, for such time, and still is, unknown, and that his estate re- quires attention, supervision, and care of ownership, the court must

order such petition to be filed, and appoint a day for its hearing,

not less than ten days from the date of the order.

Notice and hearing.—The clerk of the court must thereupon publish, for at least ten days prior to the day so appointed, a notice in some newspaper of general circulation in the Canal Zone, stating

that such petition will be heard at the court room of the court at the

time appointed for the hearing. The court may direct further notice

of the application to be given in such manner and to such persons

as it may deem proper. At the time so fixed for such hearing, or at any subsequent time to which the hearing may be postponed, the court must hear the petition and the evidence offered in support of or in opposition thereto, and, if satisfied that the allegations thereof

are true, and that such person remains missing, and his whereabouts

unknown, must appoint some suitable person to take charge and possession of such estate, and manage and control it under the direction

of the court. Pkeference of "WIFE OR NOMINEE.—In appointing a trustee, the court must prefer the wife of the missing person (if any such there

is), or her nominee, and, in the absence of a wife, some person, if such there is who is willing to act, entitled to participate in the

distribution of the missing person's estate were he dead.

1832. Bonds to be given by trustees.—Every person appointed

under the provisions of the next preceding section must give bond

in the amount and as provided for in section 1352 of this title.

589
T. 4, § 1833] THE CODE OF CIVIL PROCEDURE

1833. Powers and duties of trustees.—The trustee must take possession of the real and personal estate in the Canal Zone of such

missing person, and collect and receive the rents, income, and proceeds thereof, collect all indebtedness owing to him, and pay the

expenses thereof out of the trust funds, and pay such indebtedness

of the missing person as may be authorized by the court. The court may direct the trustee to pay to the person or persons constituting

the family of the missing person such sum or sums of money for

family expenses and support from the income of the estate as it may, from time to time, determine. The trustee must, from time to time, when directed by the court, account to and with it for all his

acts as trustee, and the court may, at any time, upon good cause shown, remove any trustee, and appoint another in his place.

CHAPTER 38.—EVIDENCE

Art. Sec.

1. General definitions and divisions. 1S41

2. General principles of evidence 1861

3. Kinds and degrees of evidence 1801

4. Production of evidence 12031

5. Effect of evidence 2131

Art. Sec.

6. Rights and duties of witnesses. 2141

7. Evidence in particular cases, and

miscellaneous and general pro- visions 2151 ARTICLE 1.—GENERAL DEFINITIONS AND DIVISIONS

•ec. Sec. 1849. Direct evidence defined. 1850. Indirect evidence defined. 1851. Prima facie evidence defined. 1852. Partial evidence defined. 1853. Indisponsable evidence defined. 1854. Conclusive evidence defined. 1855. Cumulative evidence defined. 1856. Corroborative evidence defined.

1841. Definition of evidence. 1842. Definition of proof. 1843. Definition of law of evidence.

1844. Degree of certainty required to es- tablish facts. 1845. Four kinds of evidence specified. 1846. Several degrees of evidence speciQod. 1847. Primary evidence defined. 1848. Secondary evidence defined. Section 1841. Definition of evidence.—Judicial evidence is the

means, sanctioned by law, of ascertaining in a judicial proceeding

the truth respecting a question of fact. 1842. Definition of proof.—Proof is the effect of evidence, the

establishment of a fact by evidence.

CEOSS-REFEaiENCES

Degree required, see section 1844 of tins title. Order of proof, soe sections 4C1 uiid 2111 of this title. Extent of proof, see sections ISSr? and 1S87 of this title. Burden of proof, see sections 1887 and 2031 of this title. 1843. Definition of law of evidence.—The law of evidence, which

is the subject of this chapter, is a collection of general rules established by law

1. For declaring what is to be taken as true without proof;

2. For declaring the presumptions of law, both those which are disputable and those which are conclusive; and

3. For the production of legal evidence;

4. For the exclusion of whatever is not legal

5. For determining, in certain cases, the value and effect of

evidence.

1844. Degree of certainty required to establish facts.—The law

does not require demonstration; that is, such a degree of proof as.

590
¥

THE CODE OF CIVIL PROCEDURE [T. 4, §1850

excluding possibility of error, produces absolute certainty; because

such proof is rarely possible. Moral certainty only is required, or

that degree of proof which produces conviction in an unprejudiced

mind.

Ceoss-Refhrence

Proof, see section 1842 of this title. 1845. Four kinds of evidence specified.—There are four kinds of

evidence

1. The knowledge of the court.

2. The testimony of witnesses.

3. Writings.

4. Other material objects presented to the senses. Ckoss -References

Knowledge of court, see section 1891 of this title. Witnesses, see sections 1901 et seq., of this title. Writings, see sections 1911 et seq., of this title. Other material objects, see section 1991 of this title. 1846. Several degrees of evidence specified.—There are several

degrees of evidence

1. Primary and secondary.

2. Direct and indirect.

3. Prima facie, partial, satisfactory, indispensable, and conclusive.

1847. Primary evidence defined.—Primary evidence is that kind

of evidence which, under every possible circumstance, affords the

greatest certainty of the fact in question. Thus, a written instrument is itself the best possible evidence of its existence and contents. 1848. Secondary evidence defined.—Secondary evidence is that

which is inferior to primar3\ Thus, a copy of an instrument or oral

evidence of its contents is secondary evidence of the instrument and

contents. Cboss-Refekbnch

Contents of a writing, see sections 1872 to 1874 of this title. 1849. Direct evidence defined.—Direct evidence is that which

proves the fact in dispute, directlj^, without an inference or pre- sumption, and which in itself, if true, conclusively establishes that

fact. For example, if the fact in dispute be an agreement, the evidence of a witness who was present and witnessed the making of it, is direct.

1850. Indirect evidence defined.—Indirect evidence is that which

tends to establish the fact in dispute by proving another, and which,

though true, does not of itself conclusively establish that fact, but

which affords an inference or presumption of its existence. For

example, a witness proves an admission of the party to the fact in

dispute. This proves a fact, from which the fact in dispute is inferred.

Cross-Rei'erence

Indirect evidence, see sections 2001 et seq., of this title.

691
T. 4, §1851] THE CODE OF CIVIL PROCEDURE

1851. Prima facie evidence defined.—Prima facie evidence is that

which suflSces for the proof of a particular fact, until contradicted

and overcome by other evidence. For example, the certificate of a recording officer is prima facie evidence of a record, but it may after- wards be rejected upon proof that there is no such record.

Cross-Reference

Disputable presumption, see section 2007 of this title. 1852. Partial evidence defined.—Partial evidence is that which

goes to establish a detached fact, in a series tending to the fact

in dispute. It may be received, subject to be rejected as incompetent,

unless connected with the fact in disj^ute by proof of other facts. For example, on an issue of title to real property, evidence of the

continued possession of a remote occupant is partial, for it is of a detached fact, wdiich may or may not be afterwards connected with

the fact in dispute.

Cross-Reference

Connected with a fact in disi^ute, see section 1886 of this title. 1853. Indispensable evidence defined.—'Indispensable evidence is that without which a particular fact cannot be proved.

Ceoss-References

Indispensable evidence, see sections 2011 et seq., of this title. Two witnesses to prove lost will, see section 1262 of this title. 1854. Conclusive evidence defined.—Conclusive or unanswerable

evidence is that which the law does not permit to be contradicted.

For example, the record of a court of competent jurisdiction cannot

be contradicted by the parties to it. Cross-Reference

Conclusive evidence, see sections 1934, 2006, and 2021 of this title. 1855. Cumulative evidence defined.—Cumulative evidence is additional evidence of the same character, to the same point.

1856. Corroborative evidence defined.—Corroborative evidence is additional evidence of a different character, to the same point.

082
THE CODE OF CIVIL PROCEDURE [T. 4, § 1864 ARTICLE 2—GENERAL PRINCIPLES OF EVIDENCE

Spc. 18G1

18U12 One witness sufficient to prove a fact. Testimony conlincd to personal linowletlge. 1863. Tesfiniony to be in presence of per- sons aflfected. 1864. Witness presumed to speak tl.e truth. 1865. Rights of one person not affected by

act of another.

1866. Declarations of predecessor in title evidence. 1867. Declarations which are a part of the

transaction. 1868. Evidence relating to third person. 1869. Declaration of decedent evidence of pedigree. 1870. Declaration of decedent evidence

against his successor in interest. 1871. When part of a transaction proved,

the whole is admissible. 1872. Contents of writing, how proved.

1873. Proof of contents of lost public rec- ord or document ; abstract of title may be admitted in evidence. 1874. An agreement reduced to writing deemed the whole.

Sec. 1875. Construction of language relates to place where used. 1876. Construction of statutes and instru- ments, general rule. 1877. Tl>e intention of the legislature or

parties. 1878. The circumstances to be considered. 1879. Terms to be construed in their general acceptation.

1880. Written words control tliose printed

in a blank form.

1881. Persons skilled may testify, to de- cipher cliaracters. 1882. Of two constructions, wliich pre- ferred. 1883. A written instrument con.^trued as understood by parties. 1884. Construction in favor of natural

right preferred. 1885. Material allegation only to be proved.

1886. Evidence confined to material allegation. 1887. Affirmative only to be proved.

1888. Facts which may be proved on trial.

1861. One witness sufficient to prove a fact.—The direct evidence

of one witness who is entitled to full credit is sufficient for proof of

any fact, except perjury and treason.

Cross-Rei-ekences

Witnesses, see sections 1901 et seq., of ttiis title. Two witnesses for lost will, see section 1262 of this title. Perjury and treason, more than one witness, see section 2012 of this title. 1862. Testimony confined to personal knowledge.—A witness can

testify of those facts only which he knows of his own knowledge;

that is, which are derived from his own perceptions, except in those

few express cases in which his opinions or inferences, or the

declarations of others, are admissible,

CKOSS-REiEEENCE

Opinions, inferences, declarations, see section 1888 of this title. 1863. Testimony to be in presence of persons affected.—A witness can be heard only upon oath or affirmation, and upon a trial he

can be heard only in the presence and subject to the examination of

all the parties, if they choose to attend and examine.

Cross-References

Administration of oath or affirmation, see sections 2171 to 2175 of this title. Examination of Avitnesses, see sections 2111 et seq., of this title. 1864. Witness presumed to speak the truth.—A witness is presumed to speak the truth. This presumption, however, may be re- pelled by the manner in which he testifies, by the character of his

testimony, or by evidence affecting his character for truth, honesty,

or integrity, or his motives, or b}^ contradictory evidence; and the

jury are the exclusive judges of his credibility.

Cboss-References

Impeaching credit, see sections 2118, 2120, and 2121 of this title. Evidence of good character, see section 2122 of this title. Value of evidence, see section 2131 of this title.

593
T. 4, § 1865] TEE CODE OF CIVIL PROCEDURE

1865. Rights of one person not aifected by act of another.—The

rights of a party cannot be prejudiced by the declaration, act, or omission of another, except by virtue of a particular relation between

them; therefore, proceedings against one cannot affect another.

1866. Declarations of predecessor in title evidence.—Where,

however, one derives title to real property from another, the declaration, act, or omission of the latter, while holding the title, in relation

to the property, is evidence against the former.

Cross-Reference

Declarations of decedent, see section 1870 of tliis title. 1867. Declarations which are a part of the transaction.—Where,

also, the declaration, act, or omission forms part of a transaction,

which is itself the fact in dispute, or evidence of that fact, such

declaration, act, or omission is evidence, as part of the transaction.

1868. Evidence relating to third person.—And where the question in dispute between the parties is the obligation or duty of a third person, whatever would be the evidence for or against such

person is prima facie evidence between the parties.

1869. Declaration of decedent evidence of pedigree.—The declaration, act, or omission of a member of a family who is a decedent, or out of the jurisdiction, is also admissible as evidence of common

reputation, in cases where, on questions of pedigree, such reputation

is admissible.

Ceoss-Recference Evidence of pedigree, see section 1888 of tliis title. 1870. Declaration of decedent evidence against his successor in

interest.—The declaration, act, or omission of a decedent, having

sufficient knowledge of the subject, against his pecuniary interest, is also admissible as evidence to that extent against his successor in

interest. Cross-REft'ERBNCEs Decedent's declaration against interest, see section 1888 of this title. Entries and other writings, see section 1978 of this title. Declaration of predecessor in title, see section 1866 of this title. 1871. When part of a transaction proved, the whole is admissible.—When part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may

be inquired into by the other ; when a letter is read, the answer may

be given; and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing, w^hich is necessary' to make it understood, may also be

given in evidence.

1872. Contents of writing, how proved.—There can be no evidence of the contents of a writing, other than the writing itself,

except in the following cases

1. When the original has been lost or destroyed; in which case proof of the loss or destruction must first be made.

594
THE CODS OF" ClVlL PROCEDURE [T. 4, § 1878

2. When the original is in possession of the party against whom

the evidence is offered, and he fails to produce it after reasonable

notice.

3. When the original is a record or other document in the custody

of a public officer.

4. When the original has been recorded, and a certified copy of the

record is made evidence by this title or other statute.

5. When the original consists of numerous accounts or other documents, which cannot be examined in court without great loss of time,

and the evidence sought from them is only the general result of the

whole.

In the cases mentioned in subdivisions 3 and 4, a copy of the

original, or of the record, must be produced; in those mentioned

in subdivisions 1 and 2, either a copy or oral evidence of the contents. CeoSS-RiaFEIREN CES Contents of writing, see sections 1&6S) and 2013 of this title. Lost or destroyed instruments, see sections 951 and 1969 of tliis title. Writing in possession of adverse party, how proved, see section 1970 of this

title. Public writings, generally, see sections 1921 et seq., of this title. Affidavits, see sections 2071 et seq., of this title. Certified copies of records, see sections 1945 et seq., of this title. 1873. Proof of contents of lost public record or document; abstract of title may be admitted in evidence.—When, in any action,

it is desired to prove the contents of any public record or document

lost or destroyed by conflagration or other public calamity and after

proof of such loss or destruction, there is offered in proof of such

contents (a) any abstract of title made and issued and certified as correct prior to such loss or destruction, and purporting to have been

prepared and made in the ordinary course of business by any person,

firm, or corporation engaged in the business of preparing and making

abstracts of title prior to such loss or destruction; (b) any abstract

of title, or of any instrument affecting title, made, issued, and certified as correct by any person, firm, or corporation engaged in the business

of insuring titles or issuing abstracts of title, to real estate whether

the* same was made, issued, or certified before or after such loss or

destruction and whether the same was made from the original records

or from abstracts and notes, or either, taken from such records in

the preparation and upkeeping of its, or his, plant in the ordinary

course of its business, the same may, without further proof, be

admitted in evidence for the purpose aforesaid.

No proof of the loss of the original document or instrument shall

be required other than the fact that the same is not known to the

party desiring to prove its contents to be in existence: Provided,

nevertheless, That any party so desiring to use said evidence shall

give reasonable notice in writing to all other parties to the action

who have appeared therein, of his intention to use the same at the

trial of said action, and shall give all such other parties a reasonable

opportunity to inspect the same, and also the abstracts, memoranda,

or notes from which it was compiled, and to take copies thereof.

695
T. 4, §1874] THE CODE OF CIVIL PROCEDURE

1874. An agreement reduced to writing deemed the whole.—

When the terms of an agreement have been reduced to writing by the

parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or

successors in interest, no evidence of the terms of the agreement other

than the contents of the writing, except in the following cases :

_ 1. Where a mistake or imperfection of the writing is put in issue

by the pleadings;

2. Where the validity of the agreement is the fact in dispute.

But this section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as defined in section 1878 of this title, or to explain an extrinsic

ambiguity, or to establish illegality or fraud. The term agreement

includes deeds and wills, as well as contracts between parties.

Cross-Refekences

Writing supersedes oral negotiations, see title 3, section 887. Parol evidence to vary or contradict written agreement, see title 3, section 905. Fraud or mistake, see title 3, section 906. Revision and reformation of contract for fraud or mistake, see title 3, sections 2711 to 2714. Circumstances to be considered, see section 1878 of this title. Usage, etc., see section 1888 of this title. Conclusiveness of recitals in documents, see section 2006 of this title. Alterations and erasures, see section 2032 of this title.

1875. Construction of language relates to place where used.—

The language of a writing is to be interpreted according to the

meaning it bears in the place of its execution, unless the parties

have reference to a different place.

CROSS-REI'ERENCE

Interpret:! tion of contract, lex loci, see title 3, sectinn 012.

1876. Construction of statutes and instruments, general rule.—

In the construction of a statute or instrument, the office of the judge

is simply to ascertain and declare what is in terms or in substance

contained therein, not to insert what has been omitted, or to omit

what has been inserted; and where there are several provisions or

particulars, such a construction is, if possible, to be adopted as will

give effect to all. Cross-references

Giving effect to all of contract, see title 3, section 907. Interpretation giving effect preferred, see title 3, section 2863.

1877. The intention of the legislature or parties.—In the construction of a statute the intention of the legishtture, and in the

construction of an instrument tlie intention of the parties, is to be

pursued, if possible; and when a general and a particular provision

are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it.

Cboss-Rei'ekence

Construction of this title, see sections 4, 7, and 8 of this title.

596
THE CODE OP CIVIL PROCEDURE [T. 4, §1883

1878. The circumstances to be considered.—For the proper construction of ail iiLstruiuent, the circumstances under which it was

made, inchiding the situation of the subject of the instrument, and

of the parties to it, may also be shown, so that the judge be placed

in the position of those whose language he is to interpret.

Cross-Refebknces

Surrounding circumstances may be shown, see title 3, section 913. Usage, see section 1888 of this title. 1879. Terms to be construed in their general acceptation.—The

terms of a writing are presumed to have been used in their primary

and general acceptation, but evidence is nevertheless admissible that

they have a local, technical, or otherwise peculiar signification, and

were so used and understood in the particular instance, in which

case the agreement must be construed accordingly.

Cboss-Reterences

Technical words, construction, see section 7 of this title ; and title 3, section

911.Construction of ordinary words and phrases, see section 7 of this title ; and

title 3, section 910. Written instrument construed as understood by parties, see section iSbrf of this title. Signification of tenns, compare title 3, sections 910 and 9i]. 1880. Written words control those printed in a blank form.—

When an instrument consists partly of w^ritten words and \y<w'i\\

of a printed form, and the two are inconsistent, the former controls

the latter. Cboss-Reference Compare title 3, section 917. 1881. Persons skilled may testify, to decipher characters.—

When the characters in which an instrument is written are diffi- cult to be deciphered, or the language of the instrument is not understood by the court, the evidence of persons skilled in deciphering

the characters, or who understand the language, is admissible to declare the characters or the meaning of the language.

1882. Of two constructions, which preferred.—When the terms

of an agreement have been intended in a different sense by the

different parties to it, that sense is to prevail against either party

in which he supposed the other understood it, and when different

constructions of a provision are otherwise equally proper, that is to be taken which is most favorable to the party in whose favor the

provision was made.

Cross-Reference

Compare title 3, sections 915 and 920.

1883. A written instrument construed as understood by parties.—A written notice, as well as every other writing, is to be con- strued according to the ordinary acceptation of its terms. Thus

a notice to the drawers or indorsers of a bill of exchange or promissory note, that it has been protested for want of acceptance or

597
a:.4, 818^] THE CODE OF CIVIL PROCEDURE

payment, must be held to import that the same has been duly

presented for acceptance or payment and the same refused, and that

the holder looks for payment to the person to whom the notice is ^ven.

Cboss-Re^feebnce Ordinary acceptation, see section 1879 of this title ; and title 3, section 910. 1884. Construction in favor of natural right preferred.—^When

a statute or instrument is equally susceptible of two interpretations, one in favor of natural right, and the other against it, the former

is to be adopted.

1885. Material allegation only to be proved.—None but a material

allegation need be proved.

Cboss-Refebence

Material allegation, defined, see section 261 of this title. 1886. Evidence confined to material allegation.—Evidence must

correspond with the substance of the material allegations and be

relevant to the question in dispute. Collateral questions must therefore be avoided. It is, however, within the discretion of the court

to permit inquiry into collateral fact, when such fact is directly con- nected with the question in dispute, and is essential to its proper

determination or when it affects the credibility of a witness.

Cross-Reference

Variance, see sections 271 et seq., of this title. 1887. Affirmative only to be proved.—Each party must prove

his own affirmative allegations. Evidence need not be given in support of a negative allegation, except when such negative allegation

is an essential part of the statement of the right or title on which the cause of action or defense is founded, nor even in such case when the

allegation is a denial of the existence of a document, the custody of

which belongs to the opposite party.

Ceoss-Refeebnce

Burden of proof, see section 2031 of this title. 1888. Facts which may be proved on trial.—In conformity with

the preceding provisions, evidence may be given upon a trial of the

following facts

1. The precise fact in dispute

2. The act, declaration, or omission of a party, as evidence against

such party;

3. An act or declaration of another, in the presence and within the

observation of a party, and his conduct in relation thereto

4. The act or declaration, verbal or written, of a deceased person

in respect to the relationship, birth, marriage, or death of any person

related by blood or marriage to such deceased person; the act or

declaration of a deceased person done or made against his interest in respect to his real property; and also in criminal actions, the act or

declaration of a dying person, made under a sense of impending

death, respecting the cause of his death

588
THE CODE OF CIVIL PROCEDURE [T. 4, § 1888

5. After proof of a partnership or agency, the act or declaration

of a partner or agent of the party, within the scope of the partnership or agency, and during its existence. The same rule applies to the act or declaration of a joint owner, joint debtor, or other person

jointly interested with the party;

6. After proof of a conspiracy, the act or declaration of a conspirator against his coconspirator, and relating to the conspiracy;

7. The act, declaration, or omission forming part of a transaction

as explained in section 1867 of this title

8. The testimony of a witness deceased, or out of the jurisdiction, or unable to testify, given in a former action between the same parties, relating to the same matter

9. The opinion of a witness respecting the identity or handwriting

of a person, when he has knowledge of the person or handwriting;

his opinion on a question of science, art, or trade, when he is skilled

therein;

10. The opinion of a subscribing witness to a writing, the validity

of which is in dispute, respecting the mental sanity of the signer,

and the opinion of an intimate acquaintance respecting the mental

sanity of a person, the reason for the opinion being given

11. Common reputation existing previous to the controversy, re- specting facts of a public or general interest more than thirty years

old, and in cases of pedigree and boundary

12. Usage, to explain the true character of an act, contract, or instrument, where such true character is not otherwise plain; but

usage is never admissible, except as an instrument of interpretation

13. Monuments and inscriptions in public places, as evidence of

common reputation; and entries in family Bibles, or other family

books or charts ; engravings on rings, family portraits, and the like, as evidence of pedigree;

14. The contents of a writing, when oral evidence thereof is admissible;

15. Any other facts from which the facts in issue are presumed or

are logically inferable;

16. Such facts as serve to show the credibility of a witness, as explained in section 1864 ®f this title. Cross-References

Declarations of testator inadmissible to show intent, see title 3, sections 572 and 591. Explaining contract by reference to circumstances, see title 3, section 913. Offer to compromise, see section 2154 of this title. Declarations of decedent evidence against successor, see section 1870 of this

title. Res gestae, see section 1867 of this title. Evidence as to pedigree, see section 1869 of this title. Contents of writings, how proved, see section 1872 of this title.

599
T. 4, § 1891] THE CODE OF CIVIL PROCEDURE

ARTICLE 3.—KINDS AND DEGREES OF EVIDENCE

A. Knowledge of the Couet

Sec. 1891. Certain facts of general notoriety assumed to be true ; specification

of such facts. B. Witnesses

1901. Witnesses defined. 1902. All persons capable of perception and

communication may be witnesses. 1903. Persons who cannot testify. 1904. Cases In wliich witnesses may not be examined.

1905. Judge or a juror may be a witness. 1906. When an interpreter to be sworn.

C. Writings in General

1911. Writings, public and private. 1912. Public writings defined. 1913. All others private. D. Public Wkitings

1921. Public officers bound to give copies. 1922. Four kinds of public writings. 1923. Written laws defined. 1924. Public and private statutes defined. 1925. Unwritten law defined. 1926. Books containing laws presumed to be correct. 1927. Evidence of foreign law.

1928. Other evidence of laws of States. 1929. Recitals in statutes, how far evi- dence. 1930. .Judicial record defined. 1931. Record, how authenticated as evi- dence. 1932. Record of a foreign country, how

authenticated.

1933. Copy of a foreign record, when evi- dence.

1934. Effect of a judgment upon rights In various cases. 1935. Effect of other judicial orders, when

conclusive. 1936. Where parties are to be deemed the same.

1937. What deemed adjudged in a judgment.

1938. Where sureties bound, principal is also. 1939. Record of State, its effect. 1940. Record of a court of admiralty.

1941. Effect of a foreign judgment.

1942. Manner of impeacliing a record. 1943. The jurisdiction necessary in a judg- ment.

1944. Manner of proving other oflicial docu- ments.

1945. Public record of private writing

evidence. 1946. Entries in official books prima facie evidence. 1947. Justice's judgment in States, how

proved.

1948. Same.

1949. Contents of other official certificates. 1950. Provisions in relation to public writ- ings of States apiily to those of United States or Territories. 1951. Entries made by officers or boards prima facie evidence. 1952. Deed evidence of transfer.

E. Private Writings

Sec. 1961. Private writings classified. 1962. Seal defined. 1963. Seal, what is, and how made.

1964. Effect of a seal. 1965. Execution of an instrument defined. 1966. Compromise of a debt without seal good.

1967. Subscribing witness defined. 1968. Books, maps, and so forth, how far evidence. 1969. Original writing to he produced or accounted for. 1970. When in possession of adverse party, notice to be given. 1971. Writings called for and inspected may

be Vv'ithheld. 1972. Writing, how proved.

1973. Other witnesses may also testify. 1974. When evidence of execution not

necessary. 1975. Evidence of handwriting.

1976. Evidence of handwriting by comparison. 1977. Same ; when writing more than 30

years old. 1978. Entries of decedents ; evidence in specified cases. 1979. Copies of entries also allowed.

1980. Private writings, how proved.

1981. Removal of public records. 1982. Instrument conveying or affecting

real property may be read in evi- dence.

F. Material Ob.)ECt.s Presented to the

Senses Other than Writings

1991. Material objects.

G. Indirect Evidence ; Inferences and Presumptions

2001. Indirect evidence classified. 2002. Inference defined. 2003. Presumption defined. 2004. When an inference arises. 2005. Presumptions may be controverted, when.

2006. Specification of conclusive presumptions. 2007. All other presumptions may be controverted. H. Indispensable Evidence

2(111. Indispensable evidence, what.

2012. To prove perjury and treason, more

than one witness required. 2013. Will to be in writing. 2014. Will, how revoked.

2015. Transfer of real property to be in writing. 2016. I'recpdiug section not to extend to certain cases. 2017. Agreement not in writing, when in- valid. 2018. Representation of credit bv writing.

1. CoxcLCSivE OR Unanswerable Evidence

2021. Conclusive or unanswerable evidence.

A. KNOWLEDGE OF THE COURT

1891. Certain facts of general notoriety assumed to be true;

specification of such facts.—Courts take judicial notice of the

foUowiiiir facts:

600
THE CODE OF CIVIL PROCEDURE ]T. 4, § 1903

1. The true sig:nification of all English words and phrases, and of

all legal expressions;

2. Whatever is established by law;

3. Public and private official acts of the legislative, executive, and

judicial departments of the United States;

4. The seals of all the courts of the Canal Zone and of the United

States

5. The accession to ofllice and the official signatures and seals of

office of the principal officers of government in the legislative, executive, and judicial departments of the United States;

6. The existence, title, national flag, and seal of every state or sov- ereign recognized by the executive })ower of the United States;

7. The seals of courts of admiralty and maritime jurisdiction, and

of notaries public;

8. The laws of nature, the measure of time, and the geographical

divisions and political history of the world.

In all these cases the court may resort for its aid to appropriate

books or documents of reference.

Ceoss-Referencb

Declaring knowledge of court to jury, see section 2182 of this title.

B. WITNESSES

1901. Witnesses defined.—A witness is a person whose declaration

under oath is received as evidence for any purpose, whether such

declaration be made on oral examination, or by deposition or affidavit. CRO8 S-RHff'EBENCES Compare section 2061 of this title. Rules of examination, see sections 1863, and 2111 et seq., of this title. 1902. All persons capable of perception and communication may

be witnesses.—All persons, without exception, otherwise than is specified in the two sections next following, who, having organs of

sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses. Therefore, neither parties nor

other persons who have an interest in the event of an action or proceeding are excluded; nor those who have been convicted of crime; nor persons on account of their opinions on matters of religious belief; although, in every case the credibility of the witness ma}^ be

drawn in question, as provided in section 1864 of this title. 1903. Persons who cannot testify.—The following persons can- not be witnesses

1. Those who are of unsound mind at the time of their production

for examination.

2. Children under ten years of age, who appear incapable of

receiving just impressions of the facts respecting which they are examined, or of relating them truly.

3. Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is })rosecuted,

against an executor or administrator upon a claim, or demand against

9308.3—34 39 w
T. 4, § 1904] THE CODE OF CIVIL PROCEDURE

the estate of a deceased person, as to any matter or fact occurring

before the death of such deceased person.

1904. Cases in which witnesses may not be examined.—There

are particular relations in which it ig the policy of the law to en- courage confidence and to preserve it inviolate; therefore, a person

cannot be examined as a witness in the following cases

1. Husband and wife.—A husband cannot be examined for or against his wife without her consent ; nor a wife for or against her

husband, without his consent; nor can either, during the marriage

or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage

but this exception does not apply to civil action or proceeding by

one against the other, nor to a criminal action or proceeding for

a crime committed by one against the other ; or in an action brought

by husband or wife against another person for the alienation of

the affections of either husband or wife or in an action for damages

against another person for adultery committed by either husband

or wife.

2. Attorney and client.—An attorney cannot, without the con- sent of his client, be examined as to any communication made by

the client to him, or his advice given thereon in the course of professional employment; nor can an attorney's secretary, stenographer,

or clerk be examined, without the consent of his employer, concern- ing any fact the knowledge of which has been acquired in such

capacity.

3. CoNEESsoR AND CONFESSANT.—A clergyman or priest cannot,

without the consent of the person making the confession, be examined as to any confession made to him in his professional character

in the course of discipline enjoined by the church to which he belongs.

4. Physician and patient.—A licensed physician or surgeon cannot, without the consent of his patient, be examined in a civil action

as to any information acquired in attending the patient, which was

necessary to enable him to prescribe or act for the patient : Provided,

however, That after the death of the patient, the executor of his

will, or the administrator of his estate, or the surviving spouse of

the deceased, or, if there be no surviving spouse, the children, of

the deceased personally, or, if minors, by their guardian, may give

such consent, in any action or proceeding brought to recover damages on account of the death of the patient : Provided further, That

where any person brings an action to recover damages for personal

injuries, such action shall be deemed to constitute a consent by the

person bringing such action that any physician who has prescribed

for or treated said person and whose testimony is material in said

action shall testify: And jrr'ovided further, That the bringing of an

action to recover for the death of a patient, by the executor of his

will, or by the administrator of his estate, or by the surviving spouse

of the deceased, or if there be no surviving spouse, by the children

personally, or, if minors, by their guardian, shall constitute a consent by such executor, administrator, surviving spouse, or children or guardian, to the testimony of any physician who attended said

deceased.

602
THE CODE OF CIVIL PROCEDURE [T. 4, § 1922

5. Public officer.—A public officer cannot be examined as to communications made to him in official conlidence, when the public

interest would suffer by the disclosure.

1905. Judge or a juror may be a witness.—The judge himself,

or any juror, may be called as a witness by either party; but in such

case it is in the discretion of the court or judge to order the trial to be postponed or suspended, and to take place before another judge

or jury.

Cboss-Refekexce

Magistrate as witness, see sectiou 682 of tliis title. 1906. When an interpreter to be sworn.—When a witness does

not understand and speak the English language, an interpreter must

be sworn to interpret for him. Any person, a resident of the proper

division or subdivision, may be summoned by any court or judge to appear before such court or judge to act as interpreter in any action or proceeding. The summons must be served and returned in like manner as a subpena. Any person so smnmoned who fails to attend

at the time and place named in the summons, is guilty of a contempt.

Cboss-Reifekences

Coutempt, see section 1163 of tliis title. Subpena, see sections 2041 et seq., of this title.

C. WRITINGS IN GENERAL

1911. Writings, public and private.—Writings are of two kinds:

1. Public; and,

2. Private.

1912. Public writings defined.—Public writings are:

1. The written acts or records of the acts of the sovereign authority, of official bodies and tribunals, and of public officers, legislative,

judicial, and executive, whether of the Canal Zone, of the United

States, of a State of the United States, or of a foreign country

2. Public records, kept in the Canal Zone, of private writings.

1913. All others private.—All other writings are private.

D. PUBLIC W^RITINGS

1921. Public officers bound to give copies.—Every public officer having the custody of a public writing, which a citizen has a right to

inspect, is bound to give him, on demand, a certified copy of it, on payment of the legal fees therefor, and such copy is admissible as evidence in like cases and with like effect as the original writing.

1922. Four kinds of public writings.—Public writings are divided

into four classes

1. Laws;

2. Judicial records;

3. Other official documents;

4. Public records, kept in the Canal Zone, of private writings.

Cboss-Refekencb

Public writings defined, see section 1912 of this title. 603
T. 4, § 1923] THE CODE OF CIVIL PROCEDURE!

1923. Written laws defined.—A written law is that which is promiilg-ated in writing-, and of vrhich a record is in existence.

1924. Public and private statutes defined.—Statutes are public or

private. A private statute is one which concerns only certain designated individuals, and affects only their jirivate rights. All other

statutes are public, in which are included statutes creating c-r affect- ing cori)orations.

1925. Unwritten law defined.—Unwritten law is the law not promulgated and recorded, as mentioned in section 1923 of this title, but

which is, nevertheless, observed and administered in the courts of the

United States. It has no certain repository, but is collected from the

reports of the decisions of the courts, and the treatises of learned men.

1926. Books containing laws presumed to be correct.—Books

printed or published under the authority of a State or foreign country, and purporting to contain the statutes, code, or other written law

of such State or country, or proved to be commonly admitted in the

tribunals of such State or countr}- as evidence of the written law

thereof, are admissible in the Canal Zone as evidence of such Jaw.

Cross-References

Resort to books, see section 1891 of this title. Authority of Ixioks, see section 2007 of this title.

1927. Evidence of foreign law.—A copy of the written law or

other public writing of any State or country, attested by the certifi- cate of the officer having charge of the original, under the public seal of the State or country, is admissible as evidence of such, law or

writing.

Cross-Refebence

Manner of proving foieign ofJid.il dor-unients. see section 1944 of this title.

1928. Other evidence of laws of States.—The oral testimony of

witnesses skilled therein is admissible as evidence of the imwritten

law of a State or foreign coinitry, as are also printed and published

books of reports of decisions of the coui'ts of such State or country,

or proved to be commonly admitted in such courts. 1929. Recitals in statutes, how far evidence.—The recitals in a public statute are conclusive evidence of the facts recited for the j)ur-

])ose of carrying it into effect, but no further. The recitals in a pj'i- vate statute are conchisive evidence betAveen parties who chiini uiuler

its provisions, but no further.

1930. Judicial record defined.—A judicial record is the record or

official entrv of the proceedings in a court of justice, or of the official act of a judicial officer, in an action or si)ecial proceeding.

Ceoss-Refewence

Judgment roll, see section r>47 of this title. 1931. Record, how authenticated as evidence.—A judicial record

of the Canal Zone, or of the United States, nuiy be proved by tiie pro604
TBE CODE OF CIVIL PROCEDURE [T. 4, §1934

(iiu'tion of the original, or by a copy thereof, certified by the cknk or other person having a legal custotly thereof. That of a State may be

provetl by the attestation of the clerk and the seal of the court an- nexed, if there be a clerk and seal, together with a certificate of the

chief judge or presiding magistrate, that the attestation is in due

form.

Cross-Reference

Certificate, .see .sectiou 1919 of tliis title. 1932. Record of a foreign country, how authenticated.—

judicial record of a foreign counry niRy be proved by the attestation

of the clerk, Avith the seal of the court annexed, if there be a clerk

and a seal, or of the legal keeper of the record with the seal of his

office annexed, if there be a seal, together with a certificate of the

chief judge, or presiding magistrate, that the person making tlie attestation is the clerk of the court or the legal keeper of the record,

and, in either case, that the signature of such person is genuine, and

that the attestation is in due form. The signature of the chief judge

or presiding magistrate must be authenticated by the certificate of

the minister or ambassador, or a consul, vice consul, or consular agent

of the United States in such foreign country,

Cross-Reference

Certificate, see section 1949 of tliis title. 1933. Copy of a foreign record, when evidence.—A copy of the

judicial record of a foreign country is also admissible in evidence,

upon proof

1. That the copy offered has been compared by the witness v^dth the original, and is an exact transcript of the whole of it;

2. That such original was in the custody of the clerk of the court

or other legal keeper of the same ; and

3. That the cop}^ is duly attested by a seal which is proved to be

the seal of the court where the record remains, if it be the record of a court; or if there be no such seal, or if it be not a record of a court,

by the signature of the legal keeper of the original.

1934. Effect of a judgment upon rights in various cases.—The

effect of a judgment or final order in an action or special proceeding

before a court or judge of the Canal Zone, is as follows

1. In case of a judgment or order against a specific thing, or in

respect to the probate of a will, or the administration of the estate of a decedent, or in respect to the personal, political, or legal condition or relation of a particular person, the judgment or order is conclusive upon the title to the thing, the will, or administration, or

the condition or relation of the person.

2. In other cases, the judgment or order is, in respect to the matter

directly adjudged, conclusive between the parties and their successors

in interest by title subsequent to the commencement of the action or

special proceeding, litigating for the same thing under the same

title ancl in the same capacity, provided they have notice, actual or

constructive, of the pendency of the action or proceeding.

60p
T.4, § 1935] THE CODE OF CIVIL PROCEDURE

Cboss-Refebencks

Surety bound by record, see section 1938 of this title. Validity of judgment founded on service by publication, see section 168 of

this title. Probate and administration, etc., see section 1257 of this title. Presumption that judicial record correctly determines rights, see section 2007

of this title. Jurisdiction necessary in a judgment, see section 1943 of this title. 1935. Effect of other judicial orders, when conclusive.—Other

judicial orders of a court or judge of the Canal Zone, create a dis- putable presumption, according to the matter directly determined,

between the same parties and their representatives and successors in

interest by title subsequent to the commencement of the action or

special proceeding, litigating for the same thing under the same title and in the same capacity.

Ceoss-Refeeences

Disputable presumptions, see section 2007 of this title. Conclusiveness of orders, see section 2006 of this title. 1936. Where parties are to be deemed the same.—The parties are deemed to be the same when those between whom the evidence

is offered were on opposite sides in the former case, and a judgment

or other determination could in that case have been made between

them alone, though other parties were joined with both or either.

1937. What deemed adjudged in a judgment.—That only is deemed to have been adjudged in a former judgment which appears

upon its face to have been so adjudged, or which was actually and

necessarily included therein or necessary thereto.

1938. Where sureties bound, principal is also.—Whenever, pursuant to sections 1934 to 1937 of this title, a party is bound by a

record, and such party stands in the relation of a surety for another,

the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the surety's request to join in

the defense.

1939. Record of State, its effect.—The effect of a judicial record

of a State is the same in the Canal Zone as in the State where it was made, except that it can only be enforced here by an action or

special proceeding, and except, also, that the authority of a guardian

or committee, or of an executor or administrator, does not extend

beyond the jurisdiction of the government under which he was

invested with his authority.

Cboss Refekence

Effect of foreign judgment, see section 1941 of this title. 1940. Record of a court of admiralty.—The effect of the judicial

record of a court of admiralty of a foreign country is the same as if

it were the record of a court of admiralty of the United States. 1941. Effect of a foreign judgment.—A final judgment of any

other tribunal of a foreign country having jurisdiction, according

606
THE CODE OF CIVIL PROCEDURE [T.4, § 1944

to the laws of such country, to pronounce the judgment, shall have

the same effect as in the country where rendered, and also the same

effect as final judgments rendered in the Canal Zone.

Ckoss-Rbterbnce

Effect of a judicial record of a State, see section 1939 of this title.

1942. Manner of impeaching a record.—Any judicial record may

be impeached by evidence of a want of jurisdiction m the court

or judicial officer, of collusion between the parties, or of fraud in

the party offering the record, in respect to the proceedings.

1943. The jurisdiction necessary in a judgment.—The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over

the parties, and over the thing, when a specific thing is the subject

of the judgment.

1944. Manner of proving other official documents.—Other official documents may be proved, as follows:

1. Acts of the executive of the Canal Zone, by the records of his

office; and of the United States, by the records of the state department of the United States, certified by the heads of those departments, respectively. They may also be proved by public documents

printed by order of the executive or Congress, or either house thereof.

2. The proceedings of Congress, by the journals of that body,

or either house thereof, or by published statutes or resolutions, or by

copies certified by the clerk or printed by their order.

3. The acts of the executive, or the proceedings of the legislature

of a State, in the same manner.

4. The acts of the executive, or the proceedings of the legislature

of a foreign country, by journals published by their authoritj^, or commonly received in that country as such, or by a copy certified

under the seal of the country or sovereign, or by a recognition

thereof in some public act of the executive of the United States.

5. Documents of any other class in the Canal Zone, by the original, or by a copy, certified by the legal keeper thereof.

6. Documents of any other class in a State, by the original, or by

a copy, certified by the legal keeper thereof, together with the certificate of the secretary of state, judge of the supreme, superior, or county court, or mayor of a city of such State, that the copy is duly certified by the officer having the legal custody of the original.

7. Documents of any other class in a foreign country, by the

original, or by a copy, certified by the legal keeper thereof, with a

certificate, under seal, of the country or sovereign, that the document

is a valid and subsisting document of such country, and the copy

is duly certified by the officer having the legal custody of the

original.

8. Documents in the departments of the United States Government, by the certificates of the legal custodian thereof.

Cross-Refebences

Certificate, see section 1949 of this title. Evidence of foreign laws, see sections 1926 to 1928 of this title.

eo7
T. 4, §1945] THE CODE OF CIVIL PROCEDURE

1945. Public record of private writing evidence.—A public rec- ord of a private writ in <i: may be proved b}' the original record, or by a copy thereof, certified by the legal keeper of the record.

1946. Entries in official books prima facie evidence.—Entries in

public or other official books or records made in the performance of

his duty by a public officer of the Canal Zone, or by another person

in the performance of a duty specially enjoined by law, are prima

facie evidence of the facts stated therein.

Cross-Refeeences

Official documents, proof of, see section 1944 of this titlo. Entries by officers, see section 1951 of this title. 1947. Justice's judgment in States, how proved.—A transcript

from the record or docket of a justice of the peace of a State, of a judgment rendered by him, of the proceedings in the action before

the judgment, of the execution and return, if any, subscribed by the

justice and verified in the manner prescribed in the section next

following, is admissible evidence of tlie facts stated therein.

1948. Same.—There must be attached to the transcript a certifi- cate of the justice that the transcript is in all respects correct, and

that he had jurisdiction of the action, and also a further certificate of the clerk or jDrothonotary of the county in which the justice resided

at the time of rendering the judgment, under the seal of the county, or the seal of the court of common pleas or county court thereof,

certifying that the person subscribing the transcript was. at the

date of the judgment, a justice of the peace in the county, and that

the signature is genuine. Such judgment, proceedings, and jurisdiction may also be proved by the justice himself, on the production of

his docket, or b^'- a copy of the judgment, and his oral examination

as a witness.

Cross-Refekences

Compare section 1872 of this title. Certificate, see section 1949 of this title. 1949. Contents of other official certificates.—Whenever a copy of

a writing is certified for the purpose of evidence, the certificate must

state in substance that the copy is a correct copy of the original, or of

a specified part thereof, as the case may be. The certificate must be

under the official seal of the certifying officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court.

CROfiS-REFEUENCE

Seal to ccrtiticate, see section 25 of this title. 1950. Provisions in relation to public writings of States apply

to those of United States or Territories.—The provisions of the

preceding sections of this article applicable to the public writings of

a State, are equally applicable to the j)ublic writings of the United

States or a Territory of the United States. 1951. Entries made by officers or boards prima facie evidence.—

An entry made by an officer, or board of officers, or under the direc-
THE CODE OF Civil. PROVEDURE [T. 4. § 19G8

tion and in (he presence of either, in the course of official duty, is prima facie evidence of the facts stated in such entry.

Cboss-Re:ferenck

Entries hy olficors as ovidoiicc, see sec-tion 1916 of this title. 1952. Deed evidence of transfer.—A deed of conveyance of real

l)roperty, purporting to have been executed by a proper officer in

pursuance of legal process of the district court, or the record of such

deed, or a certified copy of such record is prima facie evidence that

the property or interest therein described was thereby conveyed to the grantee named in such deed.

E, PRIVATE WRITINGS

1961. Private writings classified.—Private writings are either

1. Sealed; or

2. Unsealed.

1962. Seal defined.—A seal is a particular sign made to attest, in

the most formal manner, the execution of an instrument.

1963. Seal, what is, and how made.—A public seal in the Canal

Zone is a stamp or impression made by a public officer with an instrument provided by law, to attest the execution of an official or public

document, upon 'the paper, or upon any substance attached to the

paper, which is capable of receiving a visible impression. A private

seal may be made in the same manner by any instrument, or it may

be made by the scroll of a pen, or by writing the word "seal"

against the*^ signature of the writer. A scroll or other sign, made in

a State or foreign country, and there recognized as a seal, must be

so regarded in the Canal Zone.

1964. Effect of a seal.—There shall be no difference hereafter, in

the Canal Zone, between sealed and unsealed writings. A writing

under seal may therefore be changed, or altogether discharged by a writing not under seal. Cross-Reference

Corresponding provisions, see title .3, section 890. 1965. Execution of an instrument defined.—The execution of an

instrument is the subscribing and delivering it, with or without affix- ing a seal. 1966. Compromise of a debt without seal good.—An agreement,

in writing, without a seal, for the compromise or settlement of a debt, is as obligatory as if a seal were affixed. Ckoss-Refekence

Proceedings on offer of defendant to compromise, see section 911 of this title. 1967. Subscribing witness defined.—A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the

request of the party thereupon signs his name as a witness.

1968. Books, maps, etc., how far evidence.—Historical works,

books of science or art, and published maps or charts, when made
T.4, § 1969] THE CODE OF CIVIL PROCEDURE

by persons indifferent between the parties, are prima facie evidence

of facts of general notoriety and interest. Cboss-Refkbences

Books as aid to court, see section 1891 of this title. Books as evidence, see section 1926 of this title. Presumptions as to books, see section 2007 of tliis title. 1969. Original writing to be produced or accounted for.—The

original writing must be produced and proved, except as provided

in sections 1872 and 1945 of this title. If it has been lost, proof of

the loss must first be made before evidence can be given of its contents. Upon such proof being made, together with proof of the due

execution of the writing, its contents may be proved by a copy, or by a recital of its contents in some authentic document, or by the

recollection of a witness, as provided in section 1872.

Cros&-Referencb

Contents of writing, how proved, see section 1872 of this title. 1970. When in possession of adverse party, notice to be given.—

If the writing be in the custody of the adverse party, he must first have reasonable notice to produce it. If he then fail to do so, the contents of the writing may be proved as in case of its loss. But

the notice to produce it is not necessary where the writing is itself a notice, or where it has been wrongfully obtained or withheld by

the adverse party.

Cboss-Retekenoes

Contents of writing, how proved, see section 1872 of this title. Demanding inspection of writing, see section 921 of this title. 1971. Writings called for and inspected may be withheld.—

Though a writing called for by one party is produced by the other,

and is thereupon inspected by the party calling for it, he is not

obliged to produce it as evidence in the case. CEOSfe-REFEKENCE

Writings shown to witness, see section 2123 of this title. 1972. Writing, how proved.—Any writing may be proved either—

1. By anyone who saw the writing executed

2. By evidence of the genuineness of the handwriting of the

maker; or

3. By a subscribing witness.

CR0SS-RE3^RENCB8

On contest of will, see section 1234 of this title. Handwriting, proof of instrument by, see title 3, sections 504 and 505. Proof of instrument by subscribing witness, see title 3, sections 501 to 503. Instrument, how proved where not acknowledged, see title 3, section 501. Instrument, how proved where acknowledged, see section 1980 of this title. 1973. Other witnesses may also testify.—If the subscribing wit- ness denies or does not recollect the execution of the writing, its ex- ecution may still be proved by other evidence.

eio
THE CODE OF CIVIL PROCEDURE [T.4, § 1980

1974. When evidence of execution not necessary.—Where, however, evidence is given that the party against whom the writing is offered has at any time admitted its execution no other evidence of

the execution need be given, when the instrument is one mentioned

in section 1977 of this title, or one produced from the custody of the

adverse party, and has been acted upon by him as genuine.

1975. Evidence of handwriting.—The handwriting of a person

may be proved by any one who believes it to be his, and who has

seen him write, or has seen writings purporting to be his, upon which

he has acted or been charged, and who has thus acquired a knowledge

of his handwriting.

1976. Evidence of handwriting by comparison.—Evidence re- specting the handwriting may also be given by a comparison, made

by the witness or the jury, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge.

1977. Same; when writing more than thirty years old.—Where

a writing is more than thirty years old, the comparisons may be

made with writings purporting to be genuine, and generally re- spected and acted upon as such, by persons having an interest in

knowing the fact. CBOSS-BEFEatBNCB Presumption as to ancient writing, see section 2007 of this title. 1978. Entries of decedents; evidence in specified cases.—The

entries and other writings of a decedent, made at or near the time

of the transaction, and in a position to know the facts stated therein,

may be read as prima facie evidence of the facts stated therein, in

the following cases

1. When the entry was made against the interest of the person

making it. 2. When it was made in a professional capacity and in the ordinary course of professional conduct.

3. When it was made in the performance of a duty specially

enjoined by law.

Ceoss-Refeeenob

Altered writings, see section 2032 of this title. 1979. Copies of entries also allowed.—When an entry is repeated

in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are equally re- garded as originals.

1980. Private writings, how proved.—Every private writing, ex- cept last wills and testaments, may be acknowledged or proved

and certified in the manner provided in chapter 22 of title 3, and the

certificate of such acknowledgment or proof is prima facie evidence

of the execution of the writing, in the same manner as if it were a conveyance of real property.

Cboss-Refebence For chapter 22, see title 3, sections 491 et seq. 8U
T. 4, §1981] THE CODE OF CIVII, PROCEDURE

1981. Removal of public records.—The record of a conveyance

of real property, or any other record, a transcript of which is admissible in evidence, must not be removed from the office where it is kept, except upon the order of a court, in cases where the inspection of the record is shown to be essential to the just determination

of the cause or proceeding pending, or where the court is held in

the same building with such office. 1982. Instrument conveying or affecting real property may be

read in evidence.—Every instrument conveying or affecting real property, acknoAvledged or proved and certified, as provided in

Title 3, The Civil Code, may together with the certificate of acknowledgment or proof, be read in evidence in an action or proceeding,

without further proof; also, the original record of such conveyance

or instrument thus acknowledged or proved, or a certified copy of

the record of such conveyance or instrument thus acknowledged or proved, may be read in evidence, with the like effect as the original

instrument, without further proof.

r. MATERIAL OBJECTS PRESENTED TO THE SENSES OTHER THAN WRITIXOS

1991. Material objects.—Whenever an object, cognizable by the

senses, has such a relation to the fact in dispute as to afford reasonable grounds of belief respecting it, or to make an item in the sum

of the evidence, such object may be exhibited to the jury, or its existence, situation, and character may be proved by witnesses.

The admission of such evidence must be regulated by the sound

discretion of the court.

G. INDIRECT EVIDENCE ; INFERENCES AND PRESUMPITONS

2001. Indirect evidence classified.—Indirect evidence is of two

kinds

1. Inferences; and

2. Presumptions.

2002. Inference defined.—An inference is a deduction which the reason of the jury makes from the facts proved, without an express

direction of law to that effect. 2003. Presumption defined.—A presumption is a deduction which

the law expressly directs to be made from particular facts. 2004. When an inference arises.—An inference must be founded—

1. On a fact legally proved; and

2. On such a deduction from that fact as: is warranted by a consideration of the usual propensities or passions of men, the particular

{propensities or passions of the person whose act is in question, the course of business, or the course of nature. 2005. Presumptions may be controverted, when.—A presumption, unless declared by law to be conclusive, may be controverted

by other evidence, direct or indirect ; but unless so controverted the

jury are bound to find according to the presumption.

2006. Specification of conclusive presumptions.—The following

presumptions, and no others, are deemed conclusive:

612
THE CODE OF CIVIL PROCEDURE [T. 4, § 2007

1. A malicious and guilty intent, from the deliberate commission

of an unlawful act, for the purpose of injuring another;

2. The truth of the facts recited, from the recital in a written

instrument between the parties thereto, or their successors in interest by a subsequent title ; but this rule does not apply to the recital of a consideration;

3. Whenever a party has, by his own declaration, act, or omission,

intentionally and deliberately led another to believe a particular

thing true and to act upon such belief, he cannot, in any litigation

arising out of such declaration, act, or omission, be permitted to falsify it;

4. A tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation;

5. The issue of a wife cohabiting with her husband, who is not

impotent, is indisputably presumed to be legitimate;

6. The judgment or order of a court, when declared by this title to be conclusive; but such judgment or order must be alleged in the

pleadings if there be an opportunity to do so; if there be no such

opportunity, the judgment or order may be used as evidence;

7. Any other presumption which, by statute, is expressly made

conclusive.

Cross-Refekences

Presumption as to legitimacy of children, see section 2007 of this title ; and

title 3, sections 162 and 163. Judgments, etc., see section 1934 of this title. Conclusiveness of orders, see section 1935 of this title. Pleading judgment, see section 255 of this title. Conclusive evidence generally, see section 2021 of this title. 2007. All other presumptions may be controverted.—All other

presumptions are satisfactory, if uncontradicted. They are denominated disputable presumptions, and may be controverted by othei

evidence. The following are of that kind:

1. That a person is innocent of crime or wrong;

2. That an unlawful act was done with an unlawful intent;

3. That a person intends the ordinary consequence of his voluntary!

act;

4. That a person takes ordinary care of his own concerns

5. That evidence wilfully suppressed would be adverse if produced;

6. That higher evidence would be adverse from inferior being

produced

7. That money paid by one to another was due to the latter;

8. That a thin^^ delivered by one to another belonged to the latter

9. That an obligation delivered up to the debtor has been paid

10. That former rent or installments have been paid when a receipt for latter is produced;

11. That things which a person possesses are ov/ned by him

12. That a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership

13 That a person in possession of an order on himself for the

payment of money, or the delivery of a thing, has paid the money

or delivered the thing accordingly

^3
T. 4, §2007] THE CODE OF CIVIL PROCEDURE

14. That a person acting in a public office was regularly appointed

to it; 15. That official duty has been regularly performed

16. That a court or judge, acting as such, whether in the Canal

Zone or any State or country, was acting in the lawful exercise of his

jurisdiction

17. That a judicial record, when not conclusive, does still correctly

determine or set forth the rights of the parties

18. That all matters within an issue were laid before the jury and

passed upon by them

19. That private transactions have been fair and regular;

20. That the ordinary course of business has been followed;

21. That a promissory note or bill of exchange was given or indorsed for a sufficient consideration

22. That an indorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or

bill; 23. That a writing is truly dated

24. That a letter duly directed and mailed was received in the

regular course of the mail

25. Identity of person from identity of name

26. That a person not heard from in seven years is dead;

27. That acquiescence followed from a belief that the thing acquiesced in was conformable to the right or fact;

28. That things have happened according to the ordinary course of

nature and ordinary habits of life; 29. That persons acting as copartners have entered into a contract of copartnership;

30. That a man and woman deporting themselves as husband and

wife have entered into a lawful contract of marriage;

31. That a child borne in lawful wedlock is legitimate;

32. That a thing once proved to exist continues as long as is usual

with things of that nature

33. That the law has been obeyed

34. That a document or writing more than thirty years old is genuine, when the same has been since generally acted upon as genuine, by persons having an interest in the question, and its custody

has been satisfactorily explained;

35. That a printed and published book, purporting to be printed

or published by public authority, was so printed or published

36. That a printed and published book, purporting to contain

reports of cases adjudged in the tribunals of the State or country

where the book is published, contains correct reports of such cases;

37. That a trustee or other person, whose duty it was to convey

real property to a particular person, has actually conveyed to him

when such presumption is necessary to perfect the title of such person

or his successor in interest

38. That there was a good and sufficient consideration for a written contract;

39. When two persons perish in the same calamity, such as a wreck,

a battle, or a conflagration, and it is not shown who died first, and

there are rvo particular circumstances from which it car) be inferred,

814
THE CODE OF CIVIL PROCEDURE [T. 4, § 2015

survivorship is presumed from the probabilities resulting from the

strength, age, and sex, according to the following rules

First. If both of those who have perished were under the age of

fifteen years, the older is presumed to have survived

Second. If both were above the age of sixty, the younger is pre- sumed to have survived;

Third. If one be under fifteen and the other above sixty, the former

is presumed to have survived

Fourth. If both be over fifteen and under sixty, and the sexes be

different, the male is presumed to have survived; if the sexes be

the same, then the older

Fifth. If one be under fifteen, or over sixty, and the other between

those ages, the latter is presumed to have survived.

Cboss-Rhs-erencb Other presumptions, see index-head Presumptions. H. INDISPENSABLE EVIDENCE

2011. Indispensable evidence, what.—The law makes certain evidence necessary to the validity of particular acts, or the proof of

particular facts. 2012. To prove perjury and treason, more than one witness re- quired.—Perjury and treason must be proved by testimony of more

than one witness. Treason by the testimony of two witnesses to the same overt act; and perjury by the testimony of two witnesses, or one witness and corroborating circumstances.

Cboss-Refebences Two witnesses for probate of lost will, see section 1262 of this title. Number of witnesses for perjury and treason, see section 1861 of this title. 2013. Will to be in writing.—A last will and testament, except a nuncupative will, is invalid, unless it be in writing and executed

with such formalities as are required by law. When, therefore, such

a will is to be shown, the instrument itself must be produced, or secondary evidence of its contents be given.

CEOSS-REFBaiENCES

Execution of will, general provisions, see title 3, sections 525 et seq. Lost or destroyed will, probate of, see sections 1261 to 1264 of this title. 2014. Will, how revoked.—A written will cannot be revoked or

altered otherwise than as provided in Title 3, The Civil Code.

Ceoss-Refeebnce

Revocation or alteration of will, see title 3, sections 539 et seq. 2015. Transfer of real property to be in writing.—No estate or interest in real property, other than for leases for a term not exceeds

ing one year, nor any trust or power over or concerning it, or in

any manner relating thereto, can be created, granted, assigned,

surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in writing, subscribed by the party

615
T. 4, § 2016] THE CODE OF CIVIL PROCEDURE

creating, gi-anting, assigning, siirendering, or declaring the same,

or by his lawful agent thereunto authorized by writing.

Cross-Reference

Grant, what, see title 3, section 454. 2016. Preceding section not to extend to certain cases.—The

next preceding section inust not be construed to affect the power of a testator in the disposition of his real property by a last will and

testament, nor to prevent any trust from arising or being extinguished by implication or operation of law, nor to abridge the

power of any court to compel the specific performance of an agree- ment, in case of part performance thereof,

Cross-Reference

Specific performance, see title 3, sections 2701 et seq.

2017. Agreement not in writing, when invalid.—In the following cases the agreement is invalid, unless the same or some note

or memorandum thereof be in writing, and subscribed by the party

charged, or by his agent. Evidence, therefore, of the agreement,

cannot be received without the writing or secondary evidence of

its contents

1. An agreement that by its terms is not to be performed within

a year from the making thereof

2. A special promise to answer for the debt, default, or miscarriage

of another, except in the cases provided for in section 2074 of title 3;

3. An agreement made upon consideration of marriage other than

a mutual promise to marry;

4. A contract to sell or a sale of any goods or choses in action of

the value of $50 or upwards, unless the buyer accepts part of the

goods or choses in action so contracted to be sold or sold, and actually

receives the same, or gives something in earnest to bind the contract, or in part payment

5. An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; and such

agreement, if made by an agent of the party sought to be charged,

is invalid, unless the authority of the agent is in writing, subscribed

by the party sought to be charged

6. An agreement authorizing or employing an agent or broker

to purchase or sell real estate for compensation or a commission;

7. An agreement which b}^ its terms is not to be performed during

the lifetime of the promisor, or an agreement to devise or bequeath

any property, or to make any provision for any person by will. Cross-Refebences

Corresponding provision, see title 3, section 880. Agreement for sale of goods, see title 3, section 984. Parol evidence to explain writing, see section 1874 of this title. Guaranty to be in writing, see title 3, sections 2073 and 2074. Guaranty by executor, see section 1561 of this title. Preventing contract being put in writing by fraud, see title 3, section S85. Transfer of interest in trust to be by written instrument, see title 3, section 452. 616
THE CODE OF CIVIL PROCEDURE [T. 4, § 2031

2018. Representation of credit by writing.—No evidence is admissible to charge a person upon a representation as to the credit

of a third person, unless such representation, or some memorandum

thereof, be in writing, and either subscribed by or in the handwriting

of the party to be charged.

I. CONCLUSIVE OR UNANSWIUIABLE EVIDENCE

2021. Conclusive or unanswerable evidence.—No evidence is by

law made conclusive or unanswerable, unless so declared by this title. ARTICLE 4.—PRODUCTION OF EVIDENCE

A. By Whom to be Produced

Evidence to be produced by whom.

Writing altered, who to explain.

B. Means of Production

Subpena for witness defined. Subpena, how issued. Subpena, how served. How, if witness be concealed. Person present compelled to testify. Disobedience to subpena, how punished. Forfeiture therefor. Warrant may issue to bring witness, when.

Contents of warrant.

If witness be a prisoner, how

brought. On whose motion.

Sec. 2031.

2032.

2041.

2042. 2043.

2044.

2045. 2046.

2047. 2048.

2049.

2050. 2051.

C. Mode of Taking the Testimony of Witnesses

2061. Testimony, in what mode taken. 2062. Affidavit defined. 2063. Deposition defined. 2064. Oral examination defined. 2065. Deposition defined ; how taken. D. Affidavits

2071. Affidavits and depositions ; for what

purposes used. 2072. Evidence of publication, what.

2073. Filing evidence of publication. 2074. Affidavits to be used in the Canal

Zone, before whom may be taken.

2075. Affidavit out of Canal Zone, how

taken. 2076. If made in a foreign country, before whom taken. 2077. Certificate of the clerk, if taken he- fore a judge of a court out of the Canal Zone.

E. Depositions in General

2081. Depositions, when used. 2082. Testimony of a witness out of the Canal Zone, when taken. 2083. Depositions in the Canal Zone, when

taken. 2084. Deposition may he read in evidence by either party. 2085. Court may order deposition if ad- verse party in default.

F. Manner of Taking Depositions Outside OF THE Canal Zone

Sec. 2091. Deposition of witnesses out of Canal

Zone, how taken. 2092. Proper interrogatories may be pre- pared, or may be waived by the

parties. 2093. Deposition of nonresident witness upon oral interrogatories. 2094. Authority of commissioner.

2095. Trial, when postponed for reason of nonreturn of commission.

2096. Deposition, by whom used. 2097. Notice dispensed with when witness

resides out of Canal Zone.

G. Manner of Taking Depositions Within THE Canal Zone

2101. Depositions may be taken before a

judge, etc., upon notice to the ad- verse party. 2102. Manner of taking depositions; may be

used by either party on the trial. 2103. Deposition in the Canal Zone to be

used in States. 2104. How to procure witness upon commission. 2105. Compelling the witnesses to appear and testify. 2106. How, if commission not rssued. 2107. Deposition, how taken. H. General Rules of Examination

2111. Order of proof, how regulated. 2112. What witnesses may be excluded.

2113. Court may control mode of interrogation. 2114. Direct examination and cross-exami- nation defined. 2115. Leading question defined. 2116. When witness may refresh memory

from notes. 2117. Cross-examination, as to what.

2118. Party producing witness, how far may impeach his credit. 2119. Witness, how examined ; when reex- amined.

2120. How impeached.

2121. Same.

2122. Evidence of good character, when al- lowed.

2123. Writing shown to witness may be in- spected by adverse party. 2124. Examination of adverse party.

A. BY WHOM PRODUCED

2031. Evidence to be produced by whom.—The party holding the

affirmative of the issue must produce the evidence to prove it ; there93083—34- 617
T. 4, §2032] THE CODE OF CIVIL PROCEDURE

fore, the burden of proof lies on the party who would be defeated

if no evidence were given on either side. Ceoss-Kefebencejs

Burden of proof, see section 1887 of this title. Burden of proving want of consideration, see title 3, section 871. 2032. Writing altered, who to explain.—The party producing a writing as genuine which has been altered, or appears to have been

altered, after its execution, in a part material to the question in dis- pute, must account for the appearance or alteration. He may show

that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise

properly or innocently made, or that the alteration did not change

the meaning or language of the instrument. If he do that, he may

give the writing in evidence, but not otherwise.

B. MEANS or PRODUCTION

2041. Subpena for witness defined.—The process by which the

attendance of a witness is required is a subpena. It is a writ or order directed to a person and requiring his attendance at a particular time and place to testify as a witness. It may also require him

to bring with him any books, documents, or other things under his

control which he is bound by law to produce in evidence.

2042. Subpena, how issued.—A subpena is issued as follows:

1. To require attendance before a court, or at the trial of an issue

therein, or upon the taking of a deposition in an action or proceeding

pending therein, it is issued by the clerk of the court in which the

action or proceeding is pending, under the seal of the court, or if there is no clerk or seal then by the judge or magistrate of such

court

2. To require attendance before a commissioner appointed to take

testimony by a court of a foreign country, or of the United States, or of any State in the United States, before any officer or officers empowered by the laws of the United States to take testimony, it may be issued by the clerk of the district court in the division in which the witness is to be examined, under the seal of such court;

3. To require attendance out of court, in cases not provided for

in subdivision 1, before a judge, magistrate, or other officer authorized to administer oaths or take testimony in any matter under the

laws of the Canal Zone, it is issued by the judge, magistrate, or other

officer before whom the attendance is required.

If the subpena is issued to require attendance before a court, or

at the trial of an issue therein, it is issued by the clerk, as of course, upon the application of the party desiring it. If it is issued to require attendance before a commissioner or other officer upon the

taking of a deposition, it must be issued by the clerk of the district court in the division wherein the attendance is required upon the

order of such court or of the judge thereof, which order may be

made ex parte.

Ceoss-Refebencb

Exoneration from arrest while obeying subpena, see section 2144 of this title. 618
THE CODE OF CIVIL PROCEDURE fT. 4, § 2048

2043. Subpena, how served.—The sendee of a subpena is made

by showin<^ the original and delivering a copy, or a ticket containing

its substance, to the witness personally, giving or offering to him

at the same time, if demanded by him, the fees to which he is entitled

for travel to the place designated, and one day's attendance there. The service must be made so as to allow the witness a reasonable

time for preparation and travel to the place of attendance. Such

service may be made by any person.

2044. How, if witness be concealed.—If a witness is concealed in a building or vessel, so as to prevent the service of a subpena upon

him, any court, judge, or magistrate or any officer issuing the subpena may, upon proof by affidavit of the concealment, and of the

materiality of the witness, make an order that the marshal or constable serve the subpena; and the marshal or constable must serve

it accordingly, and for that purpose may break into the building or

vessel where the witness is concealed.

2045. Person present compelled to testify.—A person present in

court, or before a judicial officer, may be required to testify in the same manner as if he were in attendance upon a subpena issued

by such court or officer. 2046. Disobedience to subpena, how punished.—Disobedience to a subpena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be

punished as a contempt by the court issuing the subpena. When

the subpena, in any such case, requires the attendance of the witness

before an officer or commissioner out of court, it is the duty of such

officer or commissioner to report any such disobedience or refusal

to the court issuing the subpena; and the witness must not be punished for any refusal to answer a question or to subscribe an affidavit or deposition, unless, after a hearing upon notice, the court orders

him to so answer or subscribe and then only for disobedience to such

order. Any judge, magistrate, or other officer mentioned in subdivision 3 of section 2042 of this title, may report any such dis- obedience or refusal to the district court for the division in which

such attendance was required; and such court thereupon has power,

upon notice, to order the witness to perform the omitted act, and

any refusal or neglect to comply with such order may be punished

as a contempt of such court.Ceoss-Refekences

Refusal to answer, see section 2142 of this title. Contempt, see section 1163 of this title. 2047. Forfeiture therefor.—A witness disobeying a subpena also

forfeits to the party aggrieved the sum of $100, and all damages

which he may sustain by the failure of the witness to attend, which

forfeiture and damages may be recovered in a civil action.

2048. Warrant may issue to bring witness, when.—In case of

failure of a witness to attend, the court or officer issuing the subpena, upon proof of the service thereof, and of the failure of the

witness, may issue a warrant to the marshal or constable to arrest

619
T. 4, §2049] THE CODE OF CIVIL PROCEDURE

the witness and bring him before the court or officer where his

attendance was required.

2049. Contents of warrant.—Every warrant of commitment,

issued by a court or officer pursuant to sections 2041 to 2051 of this

title, must specify therein, particularly, the cause of the commitment,

and if it be for refusing to answer a question, such question must

be stated in the warrant. And every warrant to arrest or commit a witness, pursuant to said sections, must be executed in the same manner as process issued by the district court. 2050. If witness be a prisoner, how brought.—If the witness be

a prisoner, confined, in a jail or prison within the Canal Zone, an

order for his examination in the prison ujwn deposition, or for his

temporary removal and production before a court or officer, for the

purpose of being orally examined, may be made as follows:

1. By the court itself in which the action or special proceeding is pending, unless it be a magistrate's court.

2. By the judge of the district court if the action or proceeding is pending before a magistrate's court, or before a judge or other person

out of court. 2051. On whose motion.—Such order can only be made on the

motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.

C. MODE OF TAKING THE TESTIMONY OF WITNESSES

2061. Testimony, in what mode taken.—The testimony of wit- nesses is taken in three modes

1. By affidavit;

2. By deposition;

3. By oral examination.

2062. Affidavit defined.—An affidavit is a Avritten declaration

under oath, made without notice to the adverse party.

Cboss-Rei-erence

Affidavits, see sections 2071 et seq., of this title. 2063. Deposition defined.—A deposition is a written declaration,

under oath, made wgon notice to the adverse party, for the purpose

of enabling him to attend and cross-examine. In all actions and

proceedings where the default of the defendant has been duly entered, and in all proceedings to obtain letters of administration,

or for the probate of wills and tlic issuance of letters testamentary

thereon, where, after due and legal notice, those entitled to contest the application have failed to appear, the entry of said defaults,

and the failure of said persons to appear after notice, shall be deemed

to be a waiver of the right to any further notice of any application

or proceeding to take testimony by deposition in such action or proceeding.

CROSS-RE,rKKENCES

Depositions, see sections 2081 et seq., of this title. Form of, see section 206r» of this title.

(J20
THE CODE OF CIVIL PROCEDURE [T. 4, § 207

}

2064. Oral examination defined.—An oral examination is an ex- amination in presence of the jury or tribunal which is to decide the

fact or act upon it, the testimony being heard by the jury or tribunal

from the lips of the witness.

Cross-Refekenck

General vvlXh^ of exuiiiinatioii, see sections 2111 et seq., of this title. 2065. Deposition defined ; how taken.—Depositions must be taken

in the form of question and answer. The words of the witness must

be written down, in the presence of the witness, by the officer taking'

the deposition, or by some disinterested person appointed by him.

It may be taken down in shorthand, in which case it must be transcribed into longhand by the person who took it down. When

completed, it must be carefully read to or by the witness and cor- rected by him in any particular, if desired, by writing or causing

his corrections to be written in the body or margin of or at the bottom

of the deposition, and nnist then be subscribed by the witness. The

officer before whom the deposition is taken must write his initials near said corrections. If the parties agree in writing to any other

mode, the mode so agreed upon must be followed.

D. AFFIDAVITS

2071. Affidavits and depositions; for what purposes used.—An

affidavit may be used to verify a pleading or a paper in a special

proceeding, to prove the service of a summons, notice, or other paper

in an action or special proceeding, to obtain a provisional remedy,

the examination of a witness, or a stay of proceedings, or upon a motion, and in any other case expressly permitted by some other

provision of this title. CKOSS-REFEI:ENOi:S

Affidavit, see section 1329 of this title. Proof of service by affidavit, see section 170 of this title. Verification of pleadings, see section 241 of this title. 2072. Evidence of publication, what.—Evidence of the publication of a document or notice required by law, or by an order of a court or judge, to be published in a newspaper, may be given by

the affidavit of the printer of the newspaper, or his foreman or

principal clerk, annexed to a copy of the document or notice, specifying the times v\'hen, and the paper in which, the publication was

made.

2073. Filing evidence of publication.—If such affidavit be made

in an action or special proceeding pending in a court, it may be filed with the court or the clerk thereof. The original affidavit, or a copy thei-eof, certified by the judge of the court or clerk having it in

custody, is prima facie evidence of the facts stated therein.

2074. Affidavits to be used in the Canal Zone, before whom may

be taken.—An affidavit to be used before any court, judge, or officer of the Canal Zone may be taken before any officer authorized to administer oaths.

Cross-Referenck

Persons authorized to take affidavits, see sections 33 and 2171 of tbis title.
T. 4, § 2075] THE CODE OF CIVIL PROCEDURE

2075. AflSdavit out of Canal Zone, how taken.—An affidavit taken in a State of the United States, to be used in the Canal Zone,

may be taken before a commissioner appointed by the Governor of the

Panama Canal to take affidavits and depositions in such State, or before any notary public in a State, or before any judge or clerk

of a court of record having a seal. 2076. If made in a foreign countiy, before whom taken.—An affi- davit taken in a foreign country to be used in the Canal Zone, may be

taken before an ambassador, minister, consul, vice-consul, or consular

agent of the United States, or before any judge of a court of record

having a seal in such foreign country.

2077. Certificate of the clerk, if taken before a judge of a court

out of the Canal Zone.—When an affidavit is taken before a judge

of a court in a State, or in a foreign country, the genuineness of the

signature of the judge, the existence of the court, and the fact that

such judge is a member thereof, must be certified by the clerk of

the court, under the seal thereof.

E. DEPOSITIONS IN GENERAL

2081. Depositions, when used.—In all cases other than those mentioned in section 2071 of this title, where a written declaration under

oath is used, it must be a deposition as prescribed by this title. 2082. Testimony of a witness out of the Canal Zone, when

taken.—The testimony of a witness out of the Canal Zone may be

taken by deposition in the following cases

1st. In an action, at any time after the service of summons, or the appearance of the defendant.

2d. In a special proceeding, any time after a question of fact has

arisen therein.

3d. Where default has been made by any or all of the defendants.

Cboss-Reb'ebencb Manner of taking depositions outside of Canal Zone, see sections 2091 et seq., of this title. 2083. Depositions in the Canal Zone, when taken.—The testi- mony of a witness in the Canal Zone may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question

of fact has arisen therein, in the following cases

1. When the witness is a party to the action or proceeding or an

officer or member of a corporation which is a party to the action or proceeding, or a person for whose immediate benefit the action or proceeding is prosecuted or defended;

2. When the witness resides out of the division or subdivision in

which his testimony is to be used

3. When the witness is about to leave the division or subdivision

where the action is to be tried, and will probably continue absent

when the testimony is required;

4. When the witness, otherwise liable to attend the trial, is nevertheless too infirm to attend

929
THE CODE OF CIVIL PROCEDURE [T. 4, § 2091

5. When the testimony is required upon a motion, or in any other

case where the oral examination of the witness is not required;

6. When the witness is the only one who can establish facts or a fact material to the issue: Provided, That the deposition of such

witness shall not be used if his presence can be procured at the time

of the trial of the cause. Ceo8s-Referbnce»

Mode of taking depositions, see section 2065 of this title. Who may take, see section 33 of this title. 2084. Deposition may be read in evidence by either party.—A

deposition taken and returned, as provided in this article, may,

except as provided in section 2102 of this title, be read in evidence

by either party at any stage of the action or proceeding in which it was taken, or in any other action or proceeding between the same

parties or their privies or successors in interest upon the same subject, and is then deemed the evidence of the party reading it; but

the court may exclude the same, if it appears that the taking thereof was in any material respect unfair.

Cboss-Rei'ebencb

Depositions, by whom used, see sections 2096 and 2102 of this title. 2085. Court may order deposition if adverse party in default.—

If an adverse party is in default for not appearing and answering

within the time allowed by law or the court, or if, in a special proceeding, some or all of the parties interested have not appeared, the

court may authorize a deposition to be taken without the service of

any affidavit upon, or the giving of any notice to, the party so in

default or not appearing, or may provide that notice be given to him

in such mode as to the court may seem proper.

CeOSS-ReFEEENCE

Notice on default, see section 2097 of this title.

F. MANNiai OF TAKING DEPOSITIONS OUTSIDE OF THE CANAL ZONE

2091. Deposition of witnesses out of Canal Zone, how taken.—

The deposition of a witness out of the Canal Zone may be taken

upon a commission issued from the court under the seal of the court,

upon an order of the court, or the judge or a magistrate thereof, on

the application of either party, upon five days' previous notice to the other. If the court is a magistrate's court, the commission must

have attached to it a certificate of the clerk of the district court for

the division in which such magistrate's court is held, under the seal of such district court, to the effect that the person issuing the same

was an acting magistrate at the date of the commission. If issued to any place within the United States, it may be directed to a person

agreed upon by the parties, or if they do not agree, to any notary

public, judge or justice of the peace or commissioner selected by the

court or judge or justice issuing it. If issued to any country out of the United States, it may be directed to a minister, ambassador,

consul, vice consul, or consular agent of the United States, or judge

623
T. 4, §2092] THE CODE OF CIVIL PROCEDURE

of a court of record in such country, or to any person agreed upon

by the parties.

2092. Proper interrogatories may be prepared, or may be

waived by the parties.—The party moving for the commission must,

unless it is waived by the other part}*, attach to the notice of the

motion the interrogatories upon which he desires it to be taken. On

the hearing of the motion, the other party must propose such cross- interrogatories as he may desire. If the parties do not agree as to the form of the interrogatories, the court must settle their form,

but such agreement or settlement does not preclude either party,

when the deposition is offered in evidence, from interposing any

objection to any interrogatory except Ds to the form thereof. The

settlement of interrogatories may be had at the time of the hearing

of the motion, or at any other time which the court may appoint ; but

the moving party must, if he request it, be allowed two days within

which to propose such redirect interrogatories as the cross-interrogatories proposed render proper. AVhen agreed upon or settled, the

interrogatories must be annexed to the commission ; or. Avhen the

parties agree to that mode, or the court on the application of either

party, after a hearing had upon two days' notice to the opposite

party, so directs, the examination must be without written interrogatories.

Cross-Reference

Question and answer in depositions, see section 2065 of tliis title. 2093. Deposition of nonresident witness upon oral interrogatories.—When a party shall ch.'sire to take the evidence of a nonresident witness, to be used in any cause pending in the Canal Zone,

the party desiring the same (or where notice shall have been given

that a commission to take the testimony of a nonresident witness

will be applied for. the opposite part}', upon giving the other three

daj^s' notice in writing of his electioji so to do), may iiave a commission directed in the same manner as provided in section 2091 of

this title, to take such evidence, upon interrogatories to be propounded to the witness orally ; upon the taking of which each party

may appear before the commission, in person or by attorney, and

interrogate the witness.

The party desiring such testimony shall give to the other the

following notice of the time and place of taking the same, to wit:

Ten days, and one day in addition thereto (Sundays included) for

every three hundred miles' travel from the ])lace of liolding the court

to the place where such deposition is to be taken.

Fees and mileage.—When a party to a suit shall give the opposite

party notice to take a deposition upon oral interrogatories, and shall

fail to take the same accordingly, unless such failure be on account

of the nonattendance of the witness, not occasioned by the fault ol the party giving the notice, or some other unavoidable cause, the

party notified, if he shall attend himself or by attorney, agreeably

to the notice, shall be entitled to $2 per day for each clay he may

attend under such notice, and to C cents per mile for every niile that

he shall necessarily travel in going to and returning from the place

624
THE CODE OF CIVIL PROCEDURE lT.4, §2102

designated to take the deposition, to be allowed by the court where

the suit is pending and for which execution may issue. 2094. Authority of commissioner.—The commission must authorize the commissioner to administer an oath to the witness and

to take his deposition in answer to the interrogatories, or when the

examination is to be without interrogatories, in respect to the question in dispute, and to certify the deposition to the court, in a sealed envelope, directed to the clerk, if there be one, and if not, to the judge thereof, and forwarded to him by mail or other usual

channel of conveyance.

Cross-Reference

Certificate, see section 2102 of this title. 2095. Trial, when postponed for reason of nonreturn of commission.—A trial or other proceeding must not be postponed by

reason of a commission not returned, except upon evidence, satisfactory to the court, that the testimony of the witness is necessary, and

that proper diligence has been used to obtain it. 2096. Deposition, by whom used.—The deposition mentioned in sections 2091 to 2097 of this title may be used by either party on the

trial or other proceeding, against any other party giving or receiving

the notice, subject to all just exceptions.

2097. Notice dispensed with when witness resides out of Canal

Zone.—In all cases where service of summons has been had by publication as provided by law and after default has been duly entered,

and it appears by affidavit that the residence of a party to the action

is unknown and the witness resides out of the Canal Zone, then in

such cases the notice provided for in sections 2091 to 2097 of this title shall be dispensed with.

Cross-Reference

Notice on default, see section 2085 of this title.

G. MANNER OF TAKING DEPOSITIONS WITHIN THE CANAL ZONE

2101. Depositions may be taken before a judge, etc., upon notice

to the adverse party.—Either party may have the deposition taken

of a witness in the Canal Zone, in either of the cases mentionecl in

section 2083 of this title, before a judge, magistrate, or other officer authorized to administer oaths, on serving upon the adverse partyprevious notice of the time and place of examination, together with

a copy of an affidavit, showing that the case is within that section.

Such notice must be at least five days, unless, for a cause shown, a judge, by order, prescribe a shorter time. When a shorter time is prescribed, a copy of the order must be served with the notice.

2102. Manner of taking depositions; may be used by either party on the trial.—Either party may attend the examination and put

such questions, direct and cross, as may be proper. Tlie deposition,

when completed, must be carefully read to or by the witness and cor- rected by him in any particular, if desired ; it must then be subscribed

by the witness, certified by the judge or officer taking the deposition,

625
T. 4, § 2103] THE CODE OF CIVIL PROCEDURE

inclosed in an envelope or wrapper, sealed, and directed to the clerk

of the court in which the action is pending, or to such person as the

parties in writing may agree upon, and either delivered by the judge

or officer to the clerk or such person, or transmitted through the mail

or by some safe private opportunity ; and thereupon such deposition

may be used by either party upon the trial or other proceeding

against any party giving or receiving the notice, subject to all legal

exceptions; but if the parties attend at the examination, no objection

to the form of an interrogatory shall be made at the trial, unless the same was stated at the time of the examination. If the deposition be

taken under subdivisions 2, 3, and 4, of section 2083 of this title, proof must be made at the trial that the witness continues absent

or infirm, or is dead. The deposition thus taken may be also read in case of the death of the witness.

CROSS-RETEatENCES Question and answer form, see section 2065 of this title. Depositions by whom used, see sections 2084 and 2096 of this title. 2103. Deposition in the Canal Zone to be used in States.—Any

party to an action or special proceeding in a court or before a judge

of a State, may obtain the testimony of a witness residing in the

Canal Zone, to be used in such action or proceeding, in the cases mentioned in the two sections next following.

2104. How to procure witness upon commission.—If a commission to take such testimony has been issued by the court before

which such action or proceeding is pending, or by a judge thereof, on exhibiting the commission to the division of the district court in

which the witness resides, with an affidavit showing the materiality

of his testimony, such court may issue a subpena to the witness,

requiring him to appear and testify before the commissioner named

in the commission, at a specified time and place within that division.

Ckoss-Referbnce

Subpena, see sections 2041 et seq., of this title. 2105. Compelling the witnesses to appear and testify.—Whenever any mandate, writ, or commission is issued out of any court of

record in any State, Territory, District, or foreign jurisdiction, or whenever, upon notice or agreement, it is required to take the testi- mony of a witness or witnesses in the Canal Zone, witnesses may be

compelled to appear and testify in the same manner and by the same

process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in the Canal Zone,

2106. How, if commission not issued.—If a commission has not

been issued, and it appears to the district judge, or to a magistrate,

by affidavit satisfactory to him

1. That the testimony of the witness is material to either party,

and that he resides in the division or subdivision in which such

judge or magistrate holds office;

2. That a commission to take the testimony of such witness has

not been issued
THE CODE OF CIVIL PROCEDURE [T. 4, § 2115

3. That, according to the law of the State where the action or

special j3roceeding is pending, the deposition of a witness taken

under such circumstances, and before such judge or magistrate, will

be received in the action or proceeding;

He must issue his subpena requiring the witness to appear and

testify before him at a specified time and place.

2107. Deposition, how taken.—Upon the appearance of the witness, the judge or magistrate must cause his testimony to be taken

in writing, and must certify and transmit the same to the court or judge before whom the action or proceeding is pending, in such manner as the law of that State requires. H. GENERAL RULES OF EXAMINATION

2111. Order of proof, how regulated.—The order of proof must

be regulated by the sound discretion of the court. Ordinarily, the

party beginning the case must exhaust his evidence before the other

party begins. CEOSS-REFEREJNCTJ Reopening case, rebuttal, see section 461 of this title. 2112. What witnesses may be excluded.—If either party requires

it, the judge may exclude from the court room any witness of the

adverse party not at the time under examination, so that he may

not hear the testimony of other witnesses; but a party to the action or proceeding cannot be so excluded ; and if a corporation is a party

thereto, it is entitled to the presence of one of its officers, to be

designated by its attorney. Ceoss-Reifeireince Exclusion of witnesses, see section 22 of this title. 2113. Court may control mode of interrogation.—The court must

exercise a reasonable control over the mode of interrogation, so as

to make it as rapid, as distinct, as little annoying to the witness, and

as effective for the extraction of the truth, as may be; but subject to

this rule, the parties may put such pertinent and legal questions as they see fit. The court, however, may stop the production of furtlier evidence upon any particular point when the evidence upon it is already so full as to preclude reasonable doubt.

Ceoss-Refekeincb

Duty to answer, and protection of witnesses, see sections 2142 and 2143 of

this title. 2114. Direct examination and cross-examination defined.—The

examination of a witness by the party producing him is denominated

the direct examination; the examination of the same witness, upon

the same matter, by the adverse party, the cross-examination. The

direct examination must be completed before the cross-examination

begins, unless the court otherwise direct. 2115. Leading question defined.—A question which suggests to the witness the answer which the examining party desires, is denominated a leading or suggestive question. On a direct examination,

627
T. 4, §2116] THE CODE OF CIVIL PROCEDURE

leading questions are not allowed, except in the sound discretion of

the court, under special circumstances, making it appear that the

interests of justice require it. 2116. When witness may refresh memory from notes.—A wit- ness is allowed to refresh his memory respecting a fact, by anything

written by himself, or under his direction, at the time when the fact occurred, or immediately thereafter, or at any other time when the

fact was fresh in his memory, and he knew that the same was cor- rectly stated in the writing. But in such a case the writing must be

produced, and may be seen by the adverse party, who may, if he

choose, cross-examine the witness upon it, and may read it to the

jury. So, also, a witness may testify from such a writing, though

he retain no recollection of the particular facts, but such evidence

must be received with caution.

Cross-Reference

Inspection of writing shown to witness, see section 2123 <>t this title. 2117. Cross-Examination, as to what.—The opposite party niaj

cross-examine the witness as to any facts stated in his direct examination or connected therewith, and in so doing may put leading

questions, but if he examine him as to other matters, such examination is subject to the same rules as a direct examination.

Cboss-Refebence

Stopping further testimony, see section 2113 of tliis title. 2118. Party producing witness, how far may impeach his

credit.—The party producing a witness is not allowed to impeach

his credit by evidence of bad character, but he may contradict him

by other evidence, and may also show that he has made at other

times statements inconsistent with his present testimony, as provided in section 2121 of this title. 2119. Witness, how examined; when reexamined.—A witness once examined cannot be reexamined as to the same matter without

leave of the court, but he may be reexamined as to any new matter

upon which he has been examined by the adverse party. And after

the examinations on both sides are once concluded, the witness can- not be recalled without leave of the court. Leave is granted or withheld, in the exercise of a sound discretion.

Ckoss-Refekencb

Recalling witness, discretion of court, see section 461 of this title. 2120. How impeached.—A witness may be impeached by the

party against whom he was called, by contradictory evidence or by

evidence that his general reputation for truth, honesty, or integrity

is bad, but not by evidence of particular wrongful acts, except that

it may be shown by the examination of tlie witness, or tlie record

of the judgment, that he had been convicted of a felony,

CROS S - RKFEEENCES Falsus in uno, fulsus in onmihiis, see section 2131 of tliis title. Questions its to conviction of felony, see section 2142 of this title. 628 f
THE CODE OP CIVIL PROCEDURE [T. 4, §2131

2121. Same.—A witness may also be impeached by evidence that

he has made, at other times, statements inconsistent with his present

testimony ; but before this can be done the statements must be i-elated to him, with the circumstances of times, places, and persons present,

and he must be asked whether he made such statements, and if so, allowed to explain them. If the statements be in writing, they must

be shown to the witness before any question is put to him concerning

them.

2122. Evidence of good character, when allowed.—Evidence of

the good character of a party is not admissible in a civil action, nor

of a witness in an}' action, until the character of such part}'' or witness

has been impeached, or unless the issue involves his character.

2123. Writing shown to witness may be inspected by adverse

party.—Whenever a writing is shown to a witness, it may be in- spected by the opposite party, and no question must be put to the

witness concerning a writing until it has been so shown to him.

CROSS-IlEFEEtENCE Writing to refresh memory, see section 2116 of this title. 2124. Examination of adverse party.—A party to the record of

any civil action or proceeding or a person for whose immediate

benefit such action or proceeding is prosecuted or defended, or the

directors, officers, superintendent, or managing agent of any cor- poration which is a party to the record, may be examined by the

adverse party as if under cross-examination, subject to the rules

applicable to the examination of other witnesses. The party calling

such adverse witness shall not be bound by his testimony, and the

testimony given by such witness may be rebutted by the party calling

him for such examination by other evidence. Such witness, when

so called, may be examined by his own counsel, but only as to the

matters testified to on such examination.

ARTICLE 5.—EFFECT OF EVIDENCE

2131. Jury judges of effect of evidence, but to be instructed on

certain points.—Where trial is by jury, the jury, subject to the control of the court, in the cases specified in this title, are the judges

of the effect or value of evidence addressed to them, except when it is declared to be conclusive. They are, however, to be instructed by

the court on all proper occasions:

1. That their power of judging of the effect of evidence is not

arbitrary, but to be exercised with legal discretion, and in subordination to the rules of evidence

2. That they are not bound to decide in conformity with the declarations of any number of witnesses, which do not produce conviction

in their minds, against a less number or against a presumption or other evidence satisfying their minds

3. That a witness false in one part of his testimony is to be

distrusted in others;

4. That the testimony of an accomplice ought to be viewed with

distrust, and the evidence of the oral admissions of a party with

caution

029
T. 4, § 2141] TBB CODE OF CIVIL PROCEDURE

5. That in civil actions the affirmative of the issue must be proved,

and when the evidence is contradictory the decision must be made

according to the preponderance of evidence; that in criminal actions

guilt must be established beyond reasonable doubt;

6. That evidence is to be estimated not only by its own intrinsic

weight, but also according to the evidence which it is in the power

of one side to produce and of the other to contradict; and, therefore,

7. That if weaker and less satisfactory evidence is offered, when

it appears that stronger and more satisfactory was within the power

of the party, the evidence offered should be viewed with distrust.

Ceoss-Re3t»ences

Province of jury, questions of fact, see section 2181 of this title. Credibility of witnesses, jury judges of, see section 1864 of this title. Province of court, see sections 462 and 2182 of this title. Admissions, see section 1888 of this title. ARTICLE 6.—RIGHTS AND DUTIES OF WITNESSES

Sec. 2141. Witness bound to attend when sub- penaed.

2142. Witnt-ss bound to answer questions. 2143. Right of witness to protection. 2144. Witness protected from arrest when

attending, or going, or returning.

Sec. 2145. Arrest void, and party making arrest

liable, etc. 2146. To make affidavit if arrested. 2147. Court may discharge witness from

arrest.

2141. Witness bound to attend when subpenaed.—A witness

served with a subpena, must attend at the time appointed, with any

papers under his control lawfully required by the subpena, and

answer all pertinent and legal questions; and, unless sooner dis- charged, must remain until the testimony is closed. Cboss-Refekences

Disobedience to subpena, how punished, see section 2046 of this title. Subpena, .see sections 2041 et seq., of this title. Competency of veitnesses, see sections 1901 et seq., of this title. Examination, see sections 2111 et seq., of this title. Power to compel attendance, see sections 23 and 31 of this title. Contempt, see section 1163 of this Utle. 2142. Witness bound to answer questions.—A witness must an- swer questions legal and pertinent to the matter in issue, though his answer may establish a claim against himself; but he need not give an answer which will have a tendency to subject him to puni.shment

for a felony; nor need he give an answer which will have a direct

tendency to degrade his character, unless it be to the very fact in

issue, or to a fact from which the fact in issue would be presumed.

But a witness must answer as to the fact of his previous conviction

for felony.

Cross-References

Contempt, see sections 1161 et seq., of this title. Privilege of witnesses in criminal cases, see title 1, section 1 ; and title 6, sections 10 and 673. 2143. Right of witness to protection.—It is the right of a witness

to be protected from irrelevant, improper, or insulting questions, and

630
THE CODE OF CTVJL PROCEDURE [T. 4, §2147

from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; to be examined only as to matters

legal and pertinent to the issue. Cross-Reference

Compare section 2113 of this title.

2144. Witness protected from arrest when attending, or going, or returning.—Every person who has been, in good faith, served

with a subpena to attend as a witness before a court, judge, commissioner, referee, or other person, in a case where the disobedience of

the witness may be punished as a contempt, is exonerated from arrest

in a civil action while going to the place of attendance, necessarily

remaining there, and returning therefrom.

2145. Arrest void, and party making arrest liable, etc.—The

arrest of a witness, contrary to the next preceding section, is void,

and, when willfully made, is a contempt of the court ; and the person

making it is responsible to the witness arrested for double the amount

of the damages which may be assessed against him, and is also liable to an action at the suit of the party serving the witness with the

subpena, for the damages sustained by him in consequence of the

arrest. Cross-Referencb

Contempt, see sections 1161 et seq., of this title. 2146. To make affidavit if arrested.—An officer is not liable to the party for making the arrest in ignorance of the facts creating

the exoneration, but is liable for any subsequent detention of the

party, if such party claim the exemption, and make an affidavit stating

1. That he has been served with a subpena to attend as a witness

before a court, officer, or other person, specifying the same, the place

of attendance, and the action or proceeding in which the subpena was issued ; and

2. That he has not thus been served by his own procurement, with

the intention of avoiding an arrest

3. That he is at the time going to the place of attendance, or returning therefrom, or remaining there in obedience to the subpena.

The affidavit may be taken by the officer, and exonerates him from

liability for discharging the witness when arrested.

2147. Court may discharge witness from arrest.—The court or

officer before whom the attendance is required, may discharge the

witness from an arrest made in violation of section 2144 of this title. If the court has adjourned before the arrest, or before application for

the discharge, a judge of the court may grant the discharge.

631
T. 4, § 2151] THE CODE OF CIVIL PROCEDURE

ARTICLE 7.—EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS

A. Evidence in Pakticdlar Cases

Sec. 2151. An offer equivalent to tender. 2152. Whotver pa.vs entitled to receipt. 2153. Olijectioiis to tender must be specified. 2154. Compromise offer of no avail. 2155. Admission of defendant in divorce

proceedings.

B. Proceedings to Perpetuate Testimony

2161. Evidence may be perpetuated.

2162. Manner of application for order

order. 2163. Notice of time and place to be given. 2164. Manner of taking tlie deposition. 2165. Papers prima facie evidence. 2166. When the evidence may lie produced.

2167. Effect of the deposition.

C. Administration of Oaths and Affir- mations

See. 2171. Judicial and certain officers authorized to administer oaths. 2172. Form of ordinary oath to a witness. 2173. Form may be varied to suit witness'

belief. 2174. Same.

2175. Any person who prefers it may de- clare or affirm. D. General Provisions

2181. Questions of fact, how tried.

• 21S2. Questions of law addressed to the

court. 2183. Questions of fact by court or referee.

A. evidp:nce in particular cases 2151. An offer equivalent to tender.—An offer in writing to pay

a particular sum of money, or to deliver a written instrument or

specific personal property, is, if not accepted, equivalent to the actual

production and tender of the money, instrument, or property.

Ceoss-Refeeences

Offer to compromise, see sections 911 and 2154 of tins title. Offer of performance, see title 3. sections 731 et seq. 2152. Whoever pays entitled to receipt.—Whoever pays money,

or delivers an instrument or property, is entitled to a receipt therefor

from the person to whom the payment or delivery is made, and may

demand a proper signature to such receipt as a condition of the pa}^-

ment or delivery.

Cross-Refekekce

Debtor entitled to, see title 3, section 745. 2153. Objections to tender must be specified.—The person to whom a tender is made must, at the time, specify any objection he

may have to the money, instrument, or property, or he must be

deemed to have waived it; and if the objection be to the amount of

money, the terms of tlie instrument, or the amount or kind of property, he must specify the amount, terms, or kind which he requires, or be precluded from objecting afterwards.

Cross-Referbnck

Objections must be stated, see title 3. section 747. 2154. Compromise offer of no avail.—An offer of compromise is not an admission that anything is due.

Cross Reference

Offer to compromise, see sections 797 and 911 of tliis title.

032
THE CODE OF CIVIL PROCEDURE [T. 4, § 2164

2155. Admission of defendant in divorce proceedings.—In proceedings for divorce, no admission of the defendant shall be taken

as evidence unless the court shall be satisfied that such admission was made in sincerity and without fraud or collusion to enable the

plaintiff to obtain a divorce. (Sept. 21, 1922, ch. 370, sec. 16, 42

Stat. 1010; Feb. 27, 1933, ch. 127, sec. 1224, 47 Stat. 1121.)

B. PROCEEDINGS TO PERPETUATE TESTIMONY

2161. Evidence may be perpetuated.—The testimony of a witness

may be taken and perpetuated as provided in sections 2162 to 2167

of this title. 2162. Manner of application for order; order.—The applicant

must produce to the judge of the district court a petition, verified

by the oath of the applicant, stating

1. That the applicant expects to be a partj?^ to an action in a court

in the Canal Zone, and, in such case, the names of the persons whom

he expects will be adverse parties; or

2. That the proef of some fact is necessary to perfect the title to property in which he is interested, or to establish marriage, descent,

heirship, or any other matter which may hereafter become material

to establish, though no suit may at the time be anticipated, or, if anticipated, he may not know the parties to such suit ; and

3. The name of the witness to be examined, his place of residence,

and a general outline of the facts expected to be proved.

The judge to whom such petition is presented must make an order

allowing the examination, and designating the officer before whom

the same must be taken, and prescribing the notice to be given, which

notice, if the parties expectant are known and reside in the Canal

Zone, must be personally served, and, if unknown, such notice must

be served on the clerk of the court, and by publication thereof in some newspaper, to be designated by the judge, for the same period

required for the publication of summons. The judge must also

designate in his order the clerk of the court to whom the deposition

must be returned when taken.

2163. Notice of time and place to be given.—The person appointed by the judge to take the depositions is authorized, if a resi- dent of the Canal Zone, on receiving a copy of the order of the judge,

and of the notice prescribed in the next preceding section, with proof

of its personal service or publication; or, if a resident outside of the

Canal Zone, on receiving the commission mentioned in the section

next following, with proof of like service of publication of the notice;

to take the deposition of the witness named in the order of the judge, or in the commission, or, if more than one witness is thus named, of

such of them as appear before him, at the time designated, and the

taking of the same may be continued from time to time.

2164. Manner of taking the deposition.—The examination must

be by question and answer, and if the testimony is to be taken in a State of the United States, it must be taken upon a commission to be issued by the judge allowing the examination, under the seal of

the court of which he is judge, and, upon interrogatories, to be

settled in the same manner as in cases of depositions taken under

93083—34—41 633
T. 4, §2165] THE CODE OF CIVIL PROCEDURE

commission in pending actions, unless the parties expectant, if known, otherwise agree. If such parties are unknown, notice of the

settlement of the interrogatories shall be published in some news- paper for such time as the judge may designate. The deposition,

when completed, must be carefully read to or by the witness and be

subscribed by him, then certified by the officer or person taking the

same, and shall then be sealed up and delivered or transmitted to the

clerk designated in the order of the judge allowing the examination,

Avho shall file the same when received. The judge allowing the examination shall file with the clerk the order for the examination, the

petition on which the same was granted, with proof of service of the

order and notice.

2165. Papers prima facie evidence.—The petition and order, and

papers filed by the judge, as provided in the next preceding section, or a certified copy thereof, are prima facie evidence of the facts

stated therein to show compliance with the provisions of sections

2161 to 2167 of this title. 2166. When the evidence may be produced.—If a trial be had

between the parties named in the petition as parties expectant

or their successors in interest, or between any parties wherein it may

be material to establish the facts which such depositions prove, or tend to prove, upon proof of the death, or insanity of the witnesses, or that they cannot be found or are unable, by reason of age or

other infirmity, to give their testimony, the depositions or copies

thereof may be used by either party, subject to all legal objections;

but if the parties attended at the examination, no objections to the

form of an interrogatory can be made at the trial, unless the same

was stated at the examination.

2167. Effect of the deposition.—The deposition so taken and

read in evidence has the same effect as the oral testimony of the

witness, and no other, and every objection to the witness, or to the

relevancy of any question put to him, or of any answer given by

him, may be made in the same manner as if he were examined orally

at the trial.

C. ADMINISTRATION OF OATHS AND AFFIRMATIONS

2171. Judicial and certain officers authorized to administer

oaths.—Every court, every judge, or clerk of any court, every magistrate, and every notary public, and every officer or person authorized

to take testimony in any action or proceeding, or to decide upon

evidence, has power to administer oaths or affij'mations.

Ckoss-References

Officer taking proof of acknowledgment may administer, see title 3, section

507.Administration of oaths, by whom, see sections 23 and 31 of this title. Authority of certain Canal officers to administer oaths for the certification of

official papers, see title 2, section 41. 2172. Form of ordinary oath to a witness.—An oath, or affirmation, in an action or proceeding, may be administered as follows,

634
THE CODE OF CIVIL PROCEDURE [T. 4, § 2183

the person who swears, or affirms, expressing his assent when addressed in the following form : " You do solemnly swear (or affirm, as the case ma}^ be), that the evidence you shall give in this issue (or

matter), pending between and , shall be the truth, the

whole truth, and nothing but the truth, so help you God,"

2173. Form may be varied to suit witness' belief.—Whenever

the court before which a person is offered as a witness is satisfied that he has a peculiar mode of swearing, connected with or in addition to the usual form of administration, which, in his opinion, is more solemn or obligatory, the court may, in its discretion, adopt

that mode.

2174. Same.—When a person is sworn who believes in any other

than the Christian religion, he may be sworn according to the

peculiar ceremonies of his religion, if there be any such.

2175. Any person who prefers it may declare or affirm.—Any

person who desires it may, at his option, instead of taking an oath

make his solemn affirmation or declaration, by assenting, when addressed, in the following form: " You do solemnly affirm (or declare)

that " and so forth, as in section 2172 of this title.

D, GENERAL PROVISIONS

2181. Questions of fact, how tried.—All questions of fact, other

than those mentioned in the section next following, are to be decided

by the jury, when the trial is by jury, and all evidence thereon is to be addressed to them, except when otherwise provided by this title. Cross-Refekence

Effect of evidence, for jurj-, see section 2131 of this title. 2182. Questions of law addressed to the court.—All questions of

law, including the admissibility of testimony, the facts preliminary

to such admissions, and the construction of statutes and other writings, and other rules of evidence, are to be decided by the court, and

all discussions of law addressed to it. Whenever the knowledge of

the court is, by this title, made evidence of a fact, the court is to declare such knowledge to the jury, who are bound to accept it. Cboss-Rejfebences

Scope of judicial notice, see section 1891 of this title. (Questions of law, how tried, see sections 434 and 784 of this title. 2183. Questions of fact by court or referee.—The provisions con- tained in this chapter respecting the evidence on a trial before a

jury, are equally applicable on the trial of a question of fact before

a court, referee, or other officer.

635

THE CRIMINAL CODE [T. 5, § 5

TITLE 5.—THE CRIMINAL CODE

Ch. Sec.

1. General provisions. 1 2. Crimes and penalties 21

3. Parties to crime..- 51

4. Subsequent offenses. 71

5. Conspiracy... 81

6. Crimes by and against the executive power 91

7. Crimes against the postal service 111

8. Crimesagainstpublic justice 121

9. Crimesagainst the person. 251

Ch. 8t»c. 10. Crimes against |)ublic decency and good

morals — -- 391

11. Crimes against the public health and

safety 601

12. Crimesagainst thepublicpeace... 591

13. Crimes against the revenue of the Canal

Zone.. 621

14. Crimes against property ._ 641

15. Carrying and keepingofarms; hunting

871 CHAPTER 1.—GENERAL PROVISIONS

Sec.

1. Name of title.

2. Ofifenses committed prior to time when

title taljes effect.

3. Construction of this title. 4. Construction of words and phrases.

5. Definition of various terms.

6. Arrest only for crimes declared in Code

exceptions.

Sec.

7. Civil liability for offenses ; effect of this

title.

8. Forfeiture of property upon conviction.

9. Forfeiture of public office upon conviction.

10. Value of property as determining grade

of offense. 11. Effect of title upon power of courts martial and others. Section 1. Name of title.—This title shall be known as the Criminal Code of the Canal Zone. (Feb. 21, 1933, ch. 1U9, sec. 1[1], 47

Stat. 859.)

2. Offenses committed prior to time when title takes effect.—

Nothing contained in this title shall apply to an offense committed

prior to the time when this title takes effect. Such an offense shall

be punished according to the provisions of law existing when it was

committed in the same manner as if this title had not been enacted.

(Feb. 21, 1933, ch. 109, sec. 115, 47 Stat. 879.)

3. Construction of this title.—All provisions and sections of this

title are to be construed according to the fair construction of their

terms, with a view to effect its object and to promote justice.

4. Construction of words and phrases.—As used in this title—

a. Words and phrases must be construed according to the context and the approved usage of the language.

b. Words in the present tense include the future as well as the

present.

c. Words in the masculine gender include all genders except where

such construction would be absurd or unreasonable.

d. The singular number includes the plural and the plural the

singular.

e. Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority

of them, unless it be otherwise expressed in the act giving them

authority.

5. Definitions of various terms.—As used in this title unless

otherwise apparent from the context

a. " Bribe " signifies anything of value or advantage present or prospective or any promise or undertaking to give anything asked,

given, or accepted, with a corrupt intent to influence unlawfully

637
T. 5, § 5] THE CRIMINAL CODE

the person to whom it is given, in his action, vote or opinion, in

any public or official capacity.

b. " Corruptly " imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.

c. " Depose " embraces every mode of written statement under

oath or affirmation.

d. " Knowingly " imports a personal Iniowledge. It does not

require any knowledge of the unlawfulness of the act or omission.

e. " Malice " and " maliciouslj^ " import the doing of a wrongful

act intentionally without just cause or excuse, a conscious violation

of the law to the prejudice of another.

f. " Month " means a calendar month unless otherwise expressed.

g. " Neglect ", " negligence ", " negligent ", and " negligently ", import a want of such attention to the nature or probable conse- quences of the act or omission as a prudent man ordinarily bestows

in acting in his own concerns.

h. " Oath " includes affirmation or declaration.

i. " Person " includes a corporation as well as a natural person.

Whenever any property or interest is intended to be protected by a provision of this title and the general term " person " or any other

general term is used to designate the party whose property it is intended to protect, the provision of this title and the protection

thereby given shall extend to the property of the United States of

America, or of any State, Territory, or possession of the United

States, and any other political entity, foreign, or domestic. This

provision shall not be construed to restrict the meaning of the term

" person " as defined under any other provision of this title.

j. "Personal property" includes money, goods, chattels, things

in action, and evidences of debt.

k. " Process " signifies a writ or summons issued in the course of

judicial proceedings.

1. " Property " includes both real and personal property. m. " Real property " is coextensive with lands and whatever is erected or growing upon or fixed to the land.

n. " Seal ", when the seal of a court or public officer is required

by law to be affixed to any paper, includes an impression of such

seal upon the paper alone, or upon any substance attached to the

paper capable of receiving a visible impression. The seal of a private person may be made in like manner, or by the scroll of a pen, or by writing the word " seal " against his name.

o. " Signature " or " subscription " includes mark, when the per- son cannot write, his name being written near it, and witnessed by

a person who writes his own name as a witness.

p. "State", when applied to the different parts of the United

States, includes the District of Columbia and Territories.

q. " Testify " embraces every mode of oral statement under oath

or affirmation.

r. "United States" includes the District of Columbia and the

Territories.

s. " Vessel ", when used with reference to shipping, includes ships

of all kinds, steamboats, barges, and e\ery structure adapted to be

638
THE CRIMINAL CODE ['1\ 5, § 1

navigated from place to place for the transportation of merchandise

or persons.

t. " Will " includes codicils.

u. " Willfully ", when applied to the intent with which an act

is done or omitted, implies simpl}^ a purpose or willingness to commit

the act, or make the omission referred to. It does not require any

hitent to violate law, or to injure another, or to acquire any

advantage.

V. " Writ " signifies an order or precept in writing issued in the name of the ])eople or of a court or judicial officer. w. " Writing " includes printing.

X. " Year " means a calendar year. (Sept. 21, 1922, ch. 370, sec. 9 [461, par. 17], 42 Stat. 1007; Feb. 21, 1933, ch. 109, sec. 114 [461

first subd.], 47 Stat. 879.)

6. Arrest only for crimes declared in Code; exceptions.—No

person shall be arrested for any crime or offense unless the crime or

offense is expressly declared in the Canal Zone Code, except

a. For crimes and offenses against laws of the United States applicable to the Canal Zone

b. For crimes and offenses against laws hereafter enacted by the

Congress of the United States for the Canal Zone ; and

c. For violations of rules and regulations authorized by law to be

promulgated and for the violation of which punishment is prescribed

by law.

7. Civil liability for offenses; effect of this title.—The omission

to specify or affirm in this title any liability to damages, penalty, forfeiture, or other remedy imposed by law, and allowed to be recovered

or enforced in any civil action or proceeding, for any act or omission

declared punishable herein, does not affect any right to recover or enforce the same.

8. Forfeiture of property upon conviction.—No conviction of any

person for crime works any forfeiture of any property, except in cases in which a forfeiture is expressly imposed b}^ law.

9. Forfeiture of public office upon conviction.—The omission to specify or affirm in this title any ground of forfeiture of a public

office, or other trust or special authority conferred by law, or any

power conferred by law to impeach, remove, depose, or suspend any

public officer or other person holding any trust, appointment or other special authority conferred by law, does not affect such for- feiture or power, or any proceeding authorized by law to carry into

effect such impeachment, removal, deposition, or suspension.

10. Value of property as determining grade of offense.—Wlienever in this title the character or grade of an offense or its punishment is made to depend upon the value of the property, such value

shall be estimated exclusively in United States gold coin.

11. Effect of title upon power of courts martial and others.—

This title shall not affect any power which is conferred by law upon

any court martial, military authority or other officer, or upon any

public body, tribunal, or officer, to impose or inflict punishment upon

offenders.

639
T.5, §21] THE CRIMINAL CODE

CHAPTER 2.—CRIMES AND PENALTIES

Art.

1. In general

Sec.

Sec. 21

Art.

2. Attempts

generalto commit crime ; in

Sec.41 ARTICLE 1.—IN GENERAL

Sec.

28. Omission to perform act performed by

another.

29. Crime which is also contempt of court.

30. Offenses involving sending of letter, when complete.

31. Punishment of act declared to be public

offense.

21. Crime or public offense defined.

22. Union of act and intent or negligence.

23. Felonies and misdemeanors.

24. Felony defined ; misdemeanor defined.

25. Felony, how punished.

26. Misdemeanor, how punished.

27. Offense made punishable in different ways. Section 21. Crime or public offense defined.—A crime or public

offense is an act committed or omitted in violation of a law forbidding- or commanding it and to which is annexed, upon conviction,

any of the following punishments

a. Death;

b. Imprisonment;

c. Fine;

d. Removal from office; or

e. Disqualification to hold and enjoy any office of honor, trust, or profit.

22. Union of act and intent or negligence.—In every crime or

public offense there must exist a union or joint operation of act and intent or criminal negligence.

Cross-References

Manifestations and presumptions as to intent, see title 6, section 374. Intent to defraud, see title 6, section 375. 23. Felonies and misdemeanors.—Crimes are divided into—

a. Felonies; and

b. Misdemeanors.

24. Felony defined; misdemeanor defined.—As to all offenses in- cluded in this title, a felony is a crime which is ])unishable by death

or by imprisonment in the penitentiary. Every other crime is a misdemeanor. When a crime puni.shable by imprisonment in the

penitentiary is also punishable by fine or imprisonment in jail, in the

discretion of the court, it shall be deemed a misdemeanor for all j)urposes after a judgment imposing a punishment other than imprisonment in the penitentiary.

As to all offenses against the general laws of tlie United States applicable to the Canal Zone, a felony is a crime which is puni.shable

by death or imprisonment for a term exceeding one year, and all other such offenses shall be deemed misdemeanors. (Feb. 21, 1933,

ch. 109, sec. 4 [14], 47 Stat. 859.)

Ckoss -Reference Sentence for felony to include provision for imprisonment at hard labor, see

title 6, section 498. 25. Felony, how^ punished.—Except in cases where a different

punishment is prescribed by law, every offense declared to be a

640
THE CRIMINAL CODE [T. 5, § 41 felony is punishable by imprisonment in the penitentiary for not more than five years or by a fine of not more than $5,000, or by both.

(Feb. 21, 1933, ch. 109, sec. 5 [15], 47 Stat. 859,)

26. Misdemeanor, how punished.—Except in cases where a different punishment is prescribed by law, every oft'ense declared to be a misdemeanor is punishable by imprisonment in jail for not more than thirty days or by a fine of not more than $100, or by

both. (Feb. 21,' 1933, ch. 109, sec. 6 [16], 47 Stat. 859.)

27. Oifense made punishable in different ways.—An act or omission which is made punishable in different ways by different provisions of this title may be punished under either of such provisions

but in no case can it be punished under more than one. 28. Omission to perform act performed by another.—No person

is punishable for an omission to perform an act where such act has

been performed by another person acting in his behalf and competent by law to perform it. 29. Crime which is also contempt of court.—A criminal act is not less punishable as a crime because it is also declared to be punishable as a contempt of court.CrOSS-ReFEEENCBS Contempt of court, see sections 211 and 212 of this title. Mitigation of sentence where act already punished as contempt, see title 6, section 496. 30. Offenses involving sending of letter, when complete.—In the

various cases in which the sending of a letter is made criminal by

this title, the offense is deemed complete from the time when such

letter is deposited in any post office or any other place, or delivered

to any person with intent that it shall be forwarded or delivered. CrOSS-RE!FEBE'NCB Offenses against the Postal Service, see section 111 of this title. 31. Punishment of act declared to be public offense.—When an

act or omission is declared by a statute to be a public offense, and

no penalty for the offense is prescribed in any statute, the act or omission is punishable as a misdemeanor.

ARTICLE 2.—ATTEMPTS TO COMMIT CRIME; IN GENERAL

Sec.

43. Commission of crime in unsuccessful attempt to commit another crime.

Sec.

41. Attempts to commit crime ; punishment.

42. Prosecution for attempt though criuie was actually completed.

41. Attempts to commit crime; punishment.—Every person who

attempts to commit any crime, but fails or is prevented or intercepted in the perpetration thereof, is punishable, where no provision

is made by law for the punishment of such attempts, as follows

a. If the offense so attempted is punishable by imprisonment for

five years, or more, the person guilty of such attempt is punishable by

imprisonment for a term not exceeding one half the longest term of

imprisonment prescribed upon a conviction of the offense so attempted.

641
T. 5, § 42] THE CRIMINAL CODE

b. If the offense so attempted is punishable by imprisonment for

any term less than five years, the person guilty of such attempt is punishable by imprisonment for not more than one year.

c. If the offense so attempted is punishable by a fine, the offender

convicted of such attempt is punishable by a fine of not more than

one half the largest fine which may be imposed upon a conviction of

the offense so attempted.

d. If the offense so attempted is punishable by imprisonment and

by a fine, the offender convicted of such attempt may be punished by

both imprisonment and one half the largest fine which may be imposed upon a conviction for the offense so attempted.

Attempts included in sections oOl, 302, and 311 to 313 of this title, are not included in this section.

Ckoss-References

Boardiiig train with intent to rob, see section 294 of this title. Acts done \Yitli intent to wreck train, see section 303 of this title. 42. Prosecution for attempt though crime was actually completed.—Any person may be tried and convicted of an attempt to commit a crime, although it appears at the trial that the crime was

actually committed as intended or attempted, unless the court in its discretion dismisses the charges and directs the person to be tried for

tile crime. (Feb. 21, 1933, ch. 109, sec. 14 [44], 47 Stat. 860.)

43. Commission of crime in unsuccessful attempt to commit an- other crime.—The two next preceding sections do not protect a person who, attempting unsuccessfully to commit a crime, accomplishes the commission of another, whether greater or less in guilt,

from suffering the punishment prescribed by law for the crime committed.

CHAPTER 3.—PARTIES TO CRIME

51. Principals and accessories.

52. Principals, wtio are.

53. Accessories, who are. 54. Accessories, how punished.

55. Counseling or aiding in misdemeanor.

Sec.

56. Persons liable to prosecution and punishment.

57. Persons capable of committing crimes.

58. Intoxication as defense ; consideration

in determining intent. Section 51. Principals and accessories.—The parties to crimes

are classified as

a. Principals; and

b. Accessories.

52. Principals, who are.—All persons concerned in the commis-

.*ion of a crime, whether it be felony or misdemeanor, and whether

they directly commit the act constituting the offense, or aid or abet

in its commission, or, not being present, have advised and encouraged

its commission, and all persons counselling, advising or encouraging

children under the age of fourteen 3^ears, lunatics, or idiots, to commit any crime, or who, by fraud, contrivance or force, occasion the

(h'unkenness of another for the purpose of causing him to commit

any crime, are principals in any crime so committed.

Ckoss-Re:febence Persons triable for felony as principals, see title 6, section 211.

842
THE CRIMINAL CODE [T. 5, § 57

53. Accessories, who are.—All persons who, with knowledge that a felony has been committed, conceal it from the proper authorities, or harbor and protect the person charged with or convicted thereof, are accessories.

Cboss-Referenoe

Prosecution of accessory to felony where princii);il is ncil prosecuted, see

title 6, section 212.

54. Accessories, how punished.—Except in cases where a differ- ent punishment is prescribed, an accessory to a felony is punishable

in the same manner and extent as the principal.

55. Counselling or aiding in misdemeanor.—Whenever an act is declared a misdemeanor and no punishment for counselling or aiding in the commission of the act is expressly prescribed by law,

every person who counsels or aids another in the commission of the

act is guilty of a misdemeanor.

56. Persons liable to prosecution and punishment.—The following persons are liable to prosecution and punishment

a. All persons who commit, in whole or in part, any crime within

the jurisdiction of the courts.

b. All who commit any offense outside of the Canal Zone which,

if committed within the Canal Zone, would be larceny, robbery, or embezzlement under the laws of the Canal Zone, and bring the

property stolen or embezzled, or any part of it, or are found with

it, or any part of it, within the Canal Zone.

c. All' who, being beyond the jurisdiction of the courts, cause or

aid, advise or encourage another person to commit a crime within

the territory of the Canal Zone and are afterwards found therein.

(Feb. 21, 1933, ch. 109, sec. 11 [34, subd. 2], 47 Stat. 860.)

Ckoss-Refekence

Bringing into Canal Zone property stolen or embezzled elsewhere, see, also, section 788 of this title.

57. Persons capable of committing crimes.—All persons are capable of committing crimes except those belonging to the following classes:

a. All children under the age of seven years.

b. Children over the age of seven years but under the age of four- teen years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness.

c. Idiots.

d. Lunatics and insane persons; but a morbid propensitj^ to commit prohibited acts, existing in the mind of a person who is not

shoAvn to have been incapable of knowing the wrongfulness of such

acts, forms no defense to a prosecution therefor.

e. Persons who committed the act or made the omission charged

through ignorance or mistake of fact, which disproved criminal

intent.

f. Persons who committed the act charged without being conscious

thereof.

643
T. 5, § 58] THE CRIMINAL CODE

g. Persons who committed the act or made the omission charged

through misfortune or by accident, when it appears that there was no

evil design, intention, or culpable negligence.

h. If the act committed were intended to be against a person other

than the one actually injured, the person committing the offense is answerable as though it were committed against the person intended.

i. Married women, except for felonies, acting under the threats,

command, or coercion of their husbands. In cases of felonies, however, the wife is not excused from punishment by reason of her

subjection to the power of her husband, unless the facts proved show

a case of duress.

j. Persons, unless the crime be punishable with death, who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to, and

did believe their lives would be endangered if they refused. CROSS-REFEKBN CE Inquiry into insanity of defendant before trial or after conviction, see title

6, sections 811 to 816. 58. Intoxication as defense; consideration in determining in- tent.—No act committed by a person Avhile in a state of voluntary

intoxication is less criminal by reason of his having been in such

condition; but whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the court or jury m-dj take into

consideration the fact that the accused was intoxicated at the time

in determining the purpose, motive, or intent with which he committed the act. (Feb. 21, 1933, ch. 109, sec. 12 [37], 47 Stat. 860.) Cross-Reifeeein ces

Intoxication in a public place as an offense, see section 603 of this title. Driving motor vehicle while intoxicated, see sections 512 and 513 of this title. Act by intoxicated physician endangering life, see section 372 of this title. CHAPTER 4.—SUBSEQUENT OFFENSES

Sec.

71. Punishment for offenses committed af- ter conviction of prior penitentiary

offense.

72. Punishment for offenses committed

after conviction of petit larceny or attempting penitentiary offense.

T.i. Punishment for offenses committed

after conviction of penitentiary of- fense elsewhere.

Sec.

74. Punishment for third conviction of felony ; habitual criminals.

75. Permit to habitual criminals to be at

liberty ; issuance and revocation.

7(5. Return of habitual criminal to peni- tentiary upon revocation or voidinj; of permit.

Section 71. Punishment for offenses committed after conviction

of prior penitentiary offense.—Every person who, having been convicted of an offense punishable by imprisonment in the penitentiary,

commits any crime after such conviction, is punishable therefor as follows

a. If the offense of which such person is subsequently convicted

is such that, upon a first conviction, an offender would be punishable

by imprisonment in the penitentiary, for any term exceeding five years, such person is punishable by imprisonment in the penitentiary

for not less than ten years.

e44
THE CRIMINAL CODE [T. 5, § 74

b. If the subsequent offense is such that, upon a first conviction, the

offender woukl be punishable by imprisonment in the penitentiary

for five years, or any less term, then the person convicted of such

subsequent offense is punishable by imprisonment in the penitentiary

for not more than ten j'ears.

c. If the subsequent conviction is for petit larceny, or any attempt

to commit an ofi'ense wliich, if committed, would be punishable by

imprisonment in the penitentiary for not more than five years, then

the person convicted of such subsequent offense is punishable by

imprisonment in the penitentiary for not more than five years. Cross-references

Charging previous conviction of another offense, see title 6, section 195. Verdict on charge of previous conviction of another offense, see title 6, section 413.

72. Punishment for offenses committed after conviction of petit

larceny or attempting penitentiary offense.—Every person who,

having been convicted of petit larceny, or of an attempt to cominit an offense which, if perpetrated, would be punishable by imprisonment in the penitentiary, commits any crime after such conviction,

is punishable as follows

a. If the subsequent offense is such that, upon a first conviction,

the offender would be punishable by imprisonment in the penitentiary

for life at the discretion of the court, such person is punishable by

imprisonment in the penitentiary during life. b. If the subsequent offense is such that, upon a first conviction,

the offender would be punishable by imprisonment in the penitentiary

for any term less than for life, such person is punishable by imprisonment in such prison for the longest term prescribed, upon a conviction for such first offense.

c. If the subsequent conviction is for petit larceny, or for an at- tempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the penitentiary, then such person is punishable by imprisonment in the penitentiary for not more than five years.

73. Punishment for offenses committed after conviction of

penitentiary offense elsewhere.—Every person who has been convicted in any State, government, or country, of an offense which, if committed within the Canal Zone, would be punishable by the laws

of the Canal Zone by imprisonment in the penitentiary, is punishable for any subsequent crime committed within the Canal Zone in

the manner prescribed in the two next preceding sections, and to the same extent as if the first conviction had taken place in a court of

the Canal Zone.

74. Punishment for third conviction of felony; habitual criminals.—Whoever has been twice convicted of felony, sentenced and

committed to the penitentiary in the Canal Zone for terms of not less than five years each, shall, upon conviction of a felony committed in

the Canal Zone after the enactment of this title, be deemed to be an

habitual criminal, and shall be punished by imprisonment in the

penitentiary for fifteen years, unless the person so convicted shall

645
T.5, §75] THE CRIMINAL CODE

show to the satisfaction of the court, before which such conviction was had, that he was released from imprisonment upon either of the

sentences upon the ground that he was innocent of the offense

charged.

75. Permit to habitual criminals to be at liberty; issuance and

revocation.—Whenever it shall appear to the Governor of the

Panama Canal, upon the recommendation of the district attorney,

that any person sentenced to the penintentiary as an habitual criminal has reformed, the Governor may issue to him a permit to be at

liberty, and may revoke such permit at any time. The violation by

the holder of a permit, granted as aforesaid, of any of the terms

or conditions of such permit, or the violation of any of the laws of

the Canal Zone, shall of itself make the permit void.

CROSS-REFE35ENCE

Pardons, paroles, and reprieves in general, see title 2, section 261. 76. Return of habitual criminal to penitentiary upon revocation

or voiding of permit.—When any permit granted under the provisions of the next preceding section has been revoked, or has become

void as aforesaid, the Governor shall direct the arrest of the holder

of the permit and his return to the penitentiary. The warrant may

be served by any officer authorized to serve criminal process. The

holder of the permit, when returned to the penitentiary as aforesaid,

shall be detained therein according to the teiTns of his original sentence; and in computing the period of his confinement the time

between his release upon the permit and his return to the penitentiarj'

shall not be taken to be any part of the term of sentence. CHAPTER 5.—CONSPIRACY

Sec.

I Sec.

81. Definition nnd punishment. I S2. Necessity of overt acl ; exceptions. Section 81. Definition and punishment.—Any two or more per- sons who shall conspire

a. To commit any crime;

b. Falsely and maliciously to present another for any crime, or to procure another to be charged or arrested for any crime;

c. Falsely to move or maintain any suit, action, or proceeding;

d. To cheat and defraud any person of any property by means

which are in themselves criminal, or to obtain money by false pretenses; or

e. To commit any act injurious to the public health, the public

morals, or for the perversion or obstruction of justice or due administration of the laws;

Shall be punishable by a fine of not more than $1,000, or by

imprisonment in the penitentiary for not more than one year, or by both.

Cross-References For provisions penalizing conspiracy to cummit offenses against United States, and making such penalty applicable to the Canal Zone for certain purposes, see U.S. Code, title 18, sections 88 and 574 (appendix, p. 905).

Information for conspiracy to cheat or defraud, see title 6, section 204. 646
THE CRIMINAL CODE [T. 5, § 94

82. Necessity of overt act; exceptions.—No agreement, except to

coiiiinit a felony upon the person of another or to commit arson or

burglary, shall amount to conspiracy unless some act beside the

agreement is done to effect the object thereof by one or more of the

parties to the agreement.

CKOSS-REa-EaiENCB Proof of overt act, see title 6, section 378. CHAPTER 6.—CRIMES BY AND AGAINST THE EXECUTIVE POWER

Sec. 91.

9?.. 94.

95.

96. 97.

Sec.

Di). Omission of pubUc oflScer to perform

duty enjoined by law.

100. Exercising function of public office without authority or illegally. 101. Willful intrusion into and exercise of functions of public office. 102. Fraudulently presenting bills or claims to public officers for allow- ance or payment.

103. Refusal to surrender books, etc., to successor.

104. Attempting to deter or resisting executive officer.

Definitions; "executive office" and

" executive officer." Giving or offering bribes to executive

officers. Asking or receiving bribes. Asking or receiving emolument for doing official act. Taking reward for appointment or

for permitting exercise of duties of

office. Buying appointment to office. Acting for Government or Railroad in transactions with firm in which

interested.

98. Failure to perform, or violation of law relating to, official duties. Section 91. Definitions; "executive office" and "executive offi- cer."—As used in this chapter

a. " Executive office " means such offices as are occupied and administered b}^ the Governor of the Panama Canal and the heads of

the various departments or divisions of the Panama Canal and the

Panama Kailroad Company;

b. " Executive officer " means the Governor of the Panama Canal

and the heads of the various departments or divisions of the Panama

Canal and the Panama Railroad Company. (Feb. 21, 1933, ch. 109,

sec. 16a [74a] , 47 Stat. 861.)

92. Giving or offering bribes to executive officers.—Every per- son who gives or offers any bribe to any executive officer, with in- tent to influence him in respect to any act, decision, vote, opinion,

or other proceeding as such officer, is punishable by imprisonment

in the penitentiary for not more than fourteen years, ancl is forever

disqualified from holding any office in the Government of the Canal

Zone.

Ckoss-Reference

Giving or offering bribes to jtidicial officers, see section 121 of this title. 93. Asking or receiving bribes.—Every executive officer, or per- son selected or appointed to an executive office, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding

tJiat his vote, opinion or action upon any matter then pending or

v,'hich may be brought before him in his official capacity, shall be

influenced thereby, is punishable by imprisonment in the penitentiary

for not more than fourteen years; and, in addition thereto, forfeits

his office, and is forever disqualified from holding any office in the

Government of the Canal Zone.

94. Asking or receiving emolument for doing official act.—

Every executive or ministerial officer who knowingly asks or receives

647
T. 5, § 95] THE CRIMINAL CODE

any emolument, gratuity or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act, is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 17 [79], 47 Stat. 861.)

Ckoss-Reifebence

Extortion in general, see sections G81 to 688 of tliis title. 95. Taking reward for appointment or for permitting exercise

of duties of office.—Ever}- public officer who, for any gratuity or reward, appoints another person to a public office, or permits another

person to exercise or discharge any of the duties of his office, is guilty of a felony, and in addition thereto forfeits his office, and is forever disqualified from holding any office in the Government of the

Canal Zone. (Feb. 21, 1933, ch. 109, sec. 18 [83], 47 Stat. 8G1.)

96. Buying appointment to office.—Every person who gives or

offers any gratuity or reward, in consideration that he or any other

person be appointed to any public office or be permitted to exercise or discharge the duties thereof is guilty of a misdemeanor.

Every person shall be disqualified from holding any office of profit

who has been convicted of giving or offering a bribe to procure his

selection or appointment.

Ceoss-Reifeiibn ce Payment by court stenographer or reporter of fees for apix)intment or retention, see section 125 of tliis title. 97. Acting for Government or Railroad in transactions with

firm in which interested.—^No officer or agent of any corporation,

joint-stock company or association, and no member or agent of any

firm, or person directly or indirectly interested in the pecuniary

profits or contracts of such corporation, joint-stock company, association, or firm shall be employed or shall act as an officer or agent

of the United States, the Panama Canal, or the Panama Railroad

Company, for the transaction of business with such corporation, jointstock company, association, or firm. Any person who shall violate

the provisions of this section shall be fined not more than $2,000, and

imprisoned in the penitentiary for not more than two years. (Feb.

21, 1933, ch. 109, sec. 17a [80], 47 Stat. 861.)

98. Failure to perform, or violation of lav/ relating to, official duties.—Every person holding a public office, who willfully refuses or neglects to perform the duties thereof or who violates any provision

of law relating to his duties or the duties of his office, for which some other punishment is not prescribed, is punishable by a fine of not more than $5,000, or by imprisonment in jail for not more

than one year, or by both.

99. Omission of public officer to perform duty enjoined by

law.—Every willful omission to perform any duty enjoined by law

upon any public officer or person holding any public trust or employment, where no special provision shall have been made for the

punishment of such delinquency, is punishable as a misdemeanor.

100. Exercising function of public office without authority or

illegally.—Any person who exercises any function of a public office

648
THE CRIMINAL CODE [T. 5. § 111 without authority or without complying with the requirements of

law is punishable by imprisonment in jail for not less than thirty

days.

101. Willful intrusion into and exercise of functions of public

office.—Every j^erson who willfully and knowingly intrudes himself

into any public office to which he has not been selected or appointed,

and every person who, having been an executive officer, willfully

exercises any of the functions of his office after his term has expired

and a successor has Ix^en selected or appointed and has qualified, is guilty of a misdemeanor.

102. Fraudulently presenting bills or claims to public officers

for allowance or payment.—Every person who, with intent to defraud, presents for allow^ance or for payment to any disbursing

officer, or other officer, or to any person or officer authorized to al- low or pay the same if genuine, any false or fraudulent claim, bill,

account, voucher, or writing, is guilty of a felony.

103. Refusal to surrender books, etc., to successor.—Every

officer whose office is abolished by law, or who, after the expiration

of the time for which he may be appointed or selected, or aft«r he

has resigned or been legally removed from office, willfully and unlawfully withholds or detains from his successor or other person

entitled thereto the records, papers, documents or other writing

appertaining or belonging to his office, or mutilates, destroys or takes

away the same, is punishable by imprisonment in the penitentiary

for not more than ten years. 104. Attempting to deter or resisting executive officer.—Every

person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon

such officer by law, or who knowingly resists by the use of force or

violence such officer, in the performance of his duty, is punishable

by a fine of not more than $5,000, and imprisonment in the penitentiary for not more than five years. CbOSS-ReFERENCB

Resisting oflBcer acting in relation to public justice, see section ITS of this

title. CHAPTER 7.—CRIMES AGAINST THE POSTAL SERVICE

Section 111. Extension to Canal Zone of laws of United States

defining postal crimes.—The postal laws and regulations of the

United States, not locally inapplicable, which define crimes against

the Postal Service, and prescribe punishments therefor, are extended

to the Canal Zone and shall be enforceable in the courts of the Canal

Zone in the manner and form prescribed for other criminal actions

by the Canal Zone laws. (Feb. 21, 1933, ch. 109, sec. 13 [43a], 47

Stat. 860.)

CROSS-REaFEEENCE For the laws of the United States defining postal crimes, see U.S. Code, title 18, sections 301 et seq. (appendix, p. 912).

93083—34——42 649
T. 5, § 121] THE CRIMINAL CODE

CHAPTER 8.—CRIMES AGAINST PUBLIC JUSTICE

Art.

1. Bribery and corruption

2. Forging, stualing, mutilating or

falsifying judicial and public records and documents

3. Perjury and subornation of per- jury

Sec. 121

131

141

Art.

4. Falsifying evidence- Other offenses

ju.stice- against public

Sec. 161

171

Cross-Referencb

Conspiracy to commit act for perversion or obstruction of justice, see section 81 of this title. ARTICLE 1.—BRIBERY AND CORRUPTION

Sec. 121. Giving or offering bribe to judicial

officer or juror. 122. Asking or receiving of bribe by judicial

officer or juror. 123. Judicial officer asking or receiving reward for official act. 124. Judicial officer asking or receiving fees of stenographer or reporter.

125. Stenographer or reporter offering or paying* fees for appointment.

Sec. 12G. Corrupt attempt to influence juror, arbitrator or referee. 127. Improper agreement or receipt of in- formation by juror, arbitrator, or

referee. 128. Magistrate, constable, or policeman

purchasing judgment.

Section 121. Giving- or offering bribe to judicial officer or

juror.—Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person

who may be authorized by law to hear or determine any question

or controversy, with intent to influence his vote, opinion, or decision

upon any matter or question wliich is brouglit before him for a

decision, is punisliable by imprisonment in the penitentiary for not more than ten years. (Feb. 21, 1933, ch. 109, sec. 20 [94], 47 Stat.

861.)

Ceoss-Referencic

Giving or offering bribes, to executive officers, see section 92 of this title

to witnesses, see section 1C6 of tliis title.

122. Asking or receiving of bribe by judicial officer or juror.

Every judicial officer, juror, referee, aildtrator or umpire, and every

person authorized by law to hear or determine aii}^ question or controversy, who asks, receives or agrees to receive, any bribe upon any

agreement or understanding that his vote, opinion or decision upon

any matter or question which is or may be brought before him for

decision shall be influenced thereby, is punishable by imprisonment

in the penitentiary for not more than ten years. (Feb. 21, 1933,

ch. 109, sec. 21 [95], 47 Stat. 861.)

Cross-Refebbnoes

Executive officer asking or Veceivlng bribe, see section 03 of this title. Witness taking (ir offering to take bribe, .see section 167 of this title.

123. Judicial officer asking or receiving rev/ard for official act.—

Every judicial officer who asks or receives any emolument, gratuity

or reward, or any promise thereof, except such as may be authorized

by law, for doing an official act, is guilty of a felony. (Feb. 21,

1933, ch. 109, sec. 22 [96], 47 Stat. 862.)

650
THE CRIMINAL CODE [T. 5, § 12S

124. Judicial officer asking or receiving fees of stenographer or

reporter.—Every judicial officer who shall ask or receive the whole

or any part of the fees allowed by law to any stenographer or reporter appointed by him or any other person to record the proceedings of any court or investigation held by him, shall be guilty of a misdemeanor and upon conviction thereof shall forfeit his office. 125. Stenographer or reporter offering or paying fees for

appointment.—Any stenographer or reporter, appointed by any

judicial officer, who shall pay or offer to pay the whole or any part

of the fees allowed him by law, for his appointment or retention in

office, shall be guilty of a misdemeanor and upon conviction thereof

shall be forever disqualified from holding any similar office in the

courts of the Government of the Canal Zone.

Cross-Refekence

Buying appointment to office, in general, see section 96 of this title.

126. Corrupt attempt to influence juror, arbitrator, or referee.—

Every person who corruptly attempts to influence a juror, or any

person summoned or drawn as a juror or chosen as an arbitrator or umpire or appointed a referee, in respect to his verdict in or decision

of any cause or proceeding pending or about to be brought before

him, either:

a. By means of any communication, oral or written, had with

him except in the regular course of proceedings

b. By means of any book, paper or instrument exhibited otherwise than in the regular course of proceedings

c. By means of any threat, intimidation, persuasion or entreaty; or

d. By means of any promise or assurance of any pecuniary or

other advantage;

Is punishable by a fine of not more than $5,000, or by imprisonment in the penitentiary for not more than five years. (Feb. 21,

1933, ch. 109, sec. 23 [98], 47 Stat. 862.)

127. Improper agreement or receipt of information by juror,

arbitrator, or referee.—Every juror, or person drawn or summoned

as a juror, or chosen arbitrator or umpire, or appointed referee,

who either

a. Makes any promise or agreement to give a verdict or decision

for or against any party; or

b. Willfully and corruptly permits any communication to be

made to him, or receives any book, paper, instrument or information

relating to any cause or matter pending before him, except according

to the regular course of proceedings, is punishable by a fine of not more than $5,000, or by imprisonment in the penitentiary for not more than five years. (Feb. 21, 1933, ch. 109, sec 24 [99], 47 Stat.

862.)

128. Magistrate, constable or policeman purchasing judgment.—

Every magistrate, constable or employee of the magistrate's court, or any policeman within the jurisdiction in which the magistrate acts, who purchases or is interested in the purchase of any judgment or

651
T. 5, § 131] THE CRIMINAL CODE

part thereof on the docket of, or on the docket in possession of, the

magistrate, is guilty of a misdemeanor.

ARTICLE 2.—FORGING, STEALING, MUTILATING OR FALSIFYING

JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS

Sec. 131. Larceny, destruction or mutilation of record by officer having custody.

132. Larceny, destruction or mutilation of record by otlier person.

133. Procuring or offering false instrument

to be filed or recorded.

Sec. 134. Adding or altering names on Jury list or destroying jury box. 135. Falsifying jury lists.

131. Larceny, destruction or mutilation of record by officer having" custody.—Every officer having the custody of any record,

map, or book, or of any paper or j^roceeding of any court filed or deposited in any public office or placed in his hands for any purpose,

who is guilty of stealing, willfully destroying, mutilating, defacing,

altering, falsifying, removing, or secreting, the whole or any part

of the record, map, book, paper, or proceeding, or who permits any

other person so to do, is punishable by imprisonment in the penitentiary for not more than ten years and by a fine of not more than

$5,000.

132. Larceny, destruction or mutilation of record by other person,—Every person not an officer referred to in the next preceding

section who is guilty of any of the acts specified in that section, is punishable by imprisonment either in the penitentiary for not more

than five years, or in jail for not more than one year, or by a fine of not more than $1,000, or by both such fine and imprisonment.

(Feb. 21, 1933, ch. 109, sec. 25 [102], 47 Stat. 862.)

133. Procuring or offering false instrument to be filed or

recorded.—Every person who knoAvingly procures or offers any false or forged instrument to be filed, registered or recorded in any public

office within the Canal Zone, which instrument if genuine might be

filed, registered or recorded under the laws of the Canal Zone or

the laws of the United States applicable to the Canal Zone, is guilty

of a felony.

134. Adding or altering names on jury list or destroying jury

box.—Every person who, except in cases allowed by law

a. Adds any names to the list of persons selected to serve as jurors,

either by placing the names in the jury box or otherwise;

b. Extracts any name therefrom

c. Destroys the jury box or any of the pieces of paper containing

the names of jurors

d. Mutilates or defaces the names so that they cannot be read ; or

e. Changes the names on the pieces of paper;

Is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 26 [103a], 47

Stat. 862.)

135. Falsifying jury lists.—Every officer or person required by

law to certify to the list of persons selected as jurors who maliciously,

corruptly or willfully certifies to a false or incorrect list, or a list containing other names than those selected, or who, being required by

law to write down the names placed on the certified lists on separate

pieces of paper, does not write down and place in the jury box the

652
THE CRIMINAL CODE [T. 5, § 145 same names that are on the certified list and no more and no less than

are on that list, is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 27 [103b], 47 Stat. 862.)

ARTICLE 3.—PER.TURY AND SUBORNATION OF PERJURY

Sec.

141. Definition of crime of perjury in general; oath (leflm d. 142. Falsification of affidavit as to affiant's testimony, as perjury.

143. Statement of that which one does not know to be true. 144. Irregularity of oath as defense.

Sec. 145. Ignorance of materiality of false state- ment as defense.

146. Incompetency of witness as defense.

147. Deposition, when deemed to be complete. 148. Punishment of perjury.

149. Subornation of perjury.

141. Definition of crime of perjury in general; oath defined.—

Every person who, having taken an oath that he will testify, declare,

depose or certify truly before any competent tribunal, oificer or person in any of the cases in which such an oath may by law be administered, Avillfuliy and contrary to that oath, states as true any

material matter which he knows to be false, is guilty of perjury.

As used in this section the term " oath " includes an affirmation

and every other mode authorized by law of attesting the truth of

that which is stated. Cboss-Rkfeeences

Evidence in perjury prosecutions, see title 6, sections 3S5 and 386. Perjury in affidavit required in claim for employees' compensation for in- juries, see U.S. Code, title 5, section 789 (appendix p. 885).

Sufficiency of information for perjury or subornation of perjury, see title 6, section 203. 142. Falsification of affidavit as to affiant's testimony, as perjury.—Any person who, in any affidavit taken before any person

authorized to administer oaths, swears, affirms, declares, deposes or

certifies that he will testify, declare, depose or certify before any

competent tribunal, officer or person, in any case then pending or

thereafter to be instituted, in any particular manner or to any particular fact, and in such affidavit willfully and contrary to that oath

states as true any material matter which he knows to be false, is guilty of perjury. In any prosecution under this section, the subsequent testimony of the person, in any action involving the matters

contained in the affidavit, which is contrary to any of the matters

contained in the affidavit, shall be prima facie evidence that the matters in the affidavit were false. (Feb. 21, 1933, ch. 109, sec. 28 [104a],

47 Stat. 863.)

143. Statement of that which one does not know to be true.—

x\n unqualified statement of that which one does not know to be true

is equivalent to a statement of that which one knows to be false. 144. Irregularity of oath as defense.—It is no defense to a prose- cution for perjury that the oath was administered or taken in an

irregular manner.

145. Ignorance of materiality of false statement as defense.—

It is no defense to a prosecution for perjury that the accused did

not know the materiality of the false statement made by him ; or that

it did not, in fact, affect the proceeding in or for which it was made.

653
T. 5, § 146] THE CRIMINAL CODE

It is sufficient that it ayrs material and might have been used to affect the proceeding.

146. Incompetency of witness as defense.—It is no defense to a prosecution for perjury that the accused was not competent to give

the testimony, deposition or certificate of which falsehood is alleged.

It is sufficient that he did give such testimony or make the deposition

or certificate. 147. Deposition, when deemed to be complete.—The making of a deposition or certificate is deemed to be complete within the provisions of this article, from the time it is delivered by the accused

to any other person with the intent that it be used, uttered or published as true,

148. Punishment of perjury.—Perjury is punishable by imprisonment in the penitentiary for not more than ten years. (Feb. 21, 1933,

ch. 109, sec. 29 [110], 47 Stat. 863.)

Ceoss-Refekence

Perjury in affidavit of claim for employees' compensation for injuries, see

U.S. Code, title 5, section 789 (appendix, p. 8S5).

149. Subornation of perjury.—Every person who willfully procures another person to commit perjury is guilty of subornation of

perjury and is punishable in the same manner as he would be if personally guilty of the perjury so procured.

ARTICLE 4.—FALSIFYING EVIDENCE

Sec. 161. Offering in evidence forged or altered document or Instrument.

162. Deceiving a witness.

163. Preparing false evidence.

164. Destruction or concealment of evi- dence. 161. Offering in evidence forged or altered document or instrument.—Every person who upon any trial, proceeding, inquiry or investigation whatever, authorized or permitted by law, otfers in

evidence as genuine or true, anj^ book, paper, document, record or other instrument in writing, laiowing the same to have been forged

or fraudulently altered or antedated, is guilty of a felony. • 162. Deceiving a witness.—Every person who practices any fraud

or deceit, or knowingly makes or exhibits any false statement, representation, token or writing, to any witness or person about to be

called as a witness upon any trial, proceeding, inquiry or investigation whatever, authorized by laAV, with intent to affect the testi- monv of the witness, is guilty of a felony. (Feb. 21, 1933, ch. 109,

sec. 30 [113], 47 Stat. 863.)

163. Preparing false evidence.—Every person who shall prepare

any false or antedated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be

produced for any fraudulent or deceitful jjurpose, as genuine or

true, upon any trial, proceeding or inquiry whatever authorized by

law, is guilty of a felony.

164. Destruction or concealment of evidence.—Every person

who. knowing that any book, paper, record, instrument in writing

664

Spc. 165. Preventing or dissuading witness from

attending.

166. Bribing witness.

167. Witness talcing or offering to take

bribe.
THE CRIMINAL CODE [T. 5, § 171

or other matter or thing, is about to be produced in evidence upon

any trial, inquiry or investigation whatever authorized by law, willfully destroys or conceals the same, with intent thereby to PJ-event

it from being produced, is guilty of a felony. (Feb. 21, 1933, ch. lOJ,

sec. 31 [115], 47 Stat. 8G3.)

165. Preventing or dissuading witness from attending.—Every

person who willfully prevents or dissuades any person who is or may

become a witness from attending upon any trial, proceeding or in- quiry, authorized by law, is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 32 [IIG], 47 Stat. 863.)

166. Bribing witness.—Every person who gives, offers or promises to give to any witness or person about to be called as a witness,

any bribe, upon any understanding or agreement that the testimony

of the witness shall be thereby influenced, or who attempts by any

other means fraudulently to induce any person to give false or withhold true testimony, is guilty of a felony.

Cross-Iveferexce Bribery and corruption, see sections 121 to 128 of this title.

167. Witness taking or offering to take bribe.—Every person

who is a witness, or is about to be called as such, who receives or

offers to receive any bribe, upon any understanding that his testimony

shall be influenced therebv, or that he will absent himself from the

trial or proceeding upon" which his testimony is required, is guilty

of a felony.

ARTICLE 5.—OTHER OFFENSES AGAINST PUBLIC JUSTICE

Sec. 171.

172. 173. 174.

175.

176.

177. 178.

179. 180.

181. 182.

183. 184.

A. In General

Maliciously procuring search warrant or warrant of arrest. Refusal by officer to make arrest. Arrests, detentions, seizures or levies without authority of law. Delay by officer in taking arrested person before magistrate. Refusal by persons to aid in arrests or in prevention of offenses. Assaults, wrongs or oppression by offi- cer. Willful inhumanity to prisoner. Resisting public officer in discharge

of his duty. Retaking goods from custody of offi- cer. , , Retaking lands after lawful removal

therefrom. Compounding crimes. Disclosure of making of information

for felony. False certificates by officers. Importation of foreign convicts. B. Offenses In Relation To Habeas

Corpus

191. Failure by officer to obey writ of habeas corpus.

192. Imprisonment of person discharged upon writ. 193. Eluding service of writ of habeas

corpus.

C. Escapes and Rescues

Sec. 201. Escapes from prison.

202. Officers permitting' prisoners to escape. 203. Assisting prisoner.? to escape.

204. Carrying into jail or penitentiary

things useful in escape. 203. Assisting in escape of person confined

in Canal Zone hospital. 20G. Rescuing prisoners. D. Contempt Of Court

211. Contempt in presence of court, judge

or magistrate ; summary punish- ment.

212. Contempt by disobedience to process

or command of court. E. Misconduct in Practice of Law

221. Misconduct by attorneys ; in general.

i.'22. Buying by attorneys of demands or

suits. , _^ , 223. Practice of law by one not admitted

to bar.

F. Feauds by Debtors and Others

231. Fraudulent concealment of property by

defendant.

232. Fraudulent removal of property from

jurisdiction by debtor.

233. Fraudulent production of infant with

intent to intercept inheritance. 234. Substitution of one child for another. A. IN GENERAL

171. Maliciously procuring search warrant or warrant of

arrest.—Every person who maliciously and without probable cause

655
T. 5, § 172] THE CRIMINAL CODE

procures a search warrant or warrant of arrest to be issued and exe- cuted, is guilty of a misdemeanor.

Cross-Refeeence

See also U.S. Code, title 18, sections 620 and 630 (appendix p. 950).

172. Refusal by officer to make arrest.—Every marshal, deputy

marshal, constable, policeman or other peace officer who willfully

refuses to execute a duly issued warrant for the arrest of any person

charged with a criminal offense, is punishable by a fine of not more

than $5,000, and imprisonment in the penitentiary for not more

than three years.

173. Arrests, detentions, seizures or levies without authority

of law.—Every public officer, or person pretending to be a public

officer, who, under the pretense or color of any process or other legal

authority, arrests any person or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or property without a regular process or other lawful authority therefor, is guilty of a misdemeanor.

Cross-Reeeuences

False imprisonment, see sections 331 and 332 of this title. Refusal of officer to obey writ of habeas corpus, see sections 191 and 192

of this title.

174. Delay by officer in taking arrested person before magistrate.—Every i)ublic officer or other person, who, having arrested

any person upon a criminal charge, willfully delays to take the

person before a magistrate or other officer having jurisdiction to take his examination, is guilty of a misdemeanor.

175. Refusal by persons to aid in arrests or in prevention of

offenses.—Every male person above eighteen years of age, who, being

thereto lawfully required by any marshal, policeman or other officer concerned in the administration of justice

a. Neglects or refuses to aid and assist in taking or arresting any

person against whom any process is issued

b. Neglects to aid and assist in retaking any person who after

being arrested or confined may have escaped from the arrest or imprisonment; or

c. Neglects or refuses to aid and assist in preventing any breach of

the peace or the commission of any criminal offense;

Is punishable by a fine or not more than $1,000.

Cross-Rbfeuence

Authority of peace officer to summon assistance, see title 6, section S7. 176. Assaults, wrongs or oppression by officer.—Every public

officer who, under color of authority and without lawful necessity,

assaults, wrongs, oppresses or beats any person, is guilty of a felonV.

(Feb. 21, 1933, ch. 109, sec. 35 [124], 47 Stat. 864.)

177. Willful inhumanity to prisoner.—Every officer, warden,

jailer or guard who is guilty of willful inhumanity toward any pris650
THE CRIMINAL CODE IT. 5, § 181 oner under his care or in his custody, is punishable by imprisonment

in jail for not more than one year, or by a fine of not more than

^2,000, or by both, and by removal from office. (Feb. 21, 1933, ch.

109, sec. 33 [122], 47 Stat. 863.) CBOSS-KEFEKEN CEl Injury to person of convict, see title G, section 903.

178. Resisting public officer in discharge of his duty.—Every

person who willfully resists, delays or obstructs any public officer in the discharge, or attempted discharge of any duty of his office, when no other punishment is prescribed, is punishable by a fine of

not more than $5,000, or by imprisonment in jail for not more than

one year, or by both. (Feb. 21, 1933, ch. 109, sec. 34 [123], 47 Stat.

863.)

Ckoss-Refkrence

Obstructing service or execution of search vparrant, see, also, U.S. Code, title 18, section 628 (appendix, p. 950).

179. Retaking goods from custody of officer.—Every person who

willfully injures or destroys, or takes or attempts to take, or assists any person in taking or attempting to take, from the custody of any

officer or person, any personal property which the officer or person

has in charge under any process of law, is guilty of a felony. (Feb.

21, 1933, ch. 109, sec. 44 [137], 47 Stat. 865.)

Ckoss-Reference

Rendering assistance in escapes, see section 203 of this title.

180. Retaking lands after lawful removal therefrom.—Every

person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal or officer, and who afterwards

unlawfully returns to settle, reside upon or take possession of such

lands, is guilty of a misdemeanor.

181. Compounding crimes.—Every person who, having knowledge

of the actual commission of a crime, takes money or property of

another, or any gratuity or reward, or any engagement or promise

thereof, upon any agreement or understanding to compound or conceal the crime or to abstain from any prosecution thereof, or to withhold any evidence thereof, except in the cases provided for by law

in which crimes may be compromised by leave of court, is punishable

as follows

a. By imprisonment in the penitentiary for not more than five years, where the crime was punishable by death;

b. By imprisonment in the penitentiary for not more than three

years, where the crime was a felony, punishable by imprisonment

in the penitentiary; or

c. By imprisonment in jail for not more than thirty days, or by

a fine of not more than $25, or both, where the crime was a misdemeanor.

657
T. 5, § 182] THE CRIMINAL CODE

182. Disclosure of making of information for felony.—Every

district attorney, clerk, judo;e or otlier officer, who, except by issuing

or in executing a warrant of arrest, willfully discloses the fact of an information having been made for a felon}?-, before the defendant has

been arrested, is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 41

[133], 47 Stat. 864.)

183. False certificates by officers.—Every public officer authorized

by law to make or give any certificate or other writing, who makes

and delivers as true any such certificate or writing containing state- ments which he knows to be false, is guilty of a felony. (Feb. 21,

1933, ch. 109, sec. 40 [132], 47 Stat. 864.)

184. Importation of foreign convicts.—Every captain, master of

a vessel or other person, v\dio willfully imports, brings or sends, or causes or procures to be brought or sent into the Canal Zone, any

person who is a foreign convict of any crime Avhich, if committed

within the Canal Zone, would be punishable as a felony, or who is delivered or sent to him from any prison or place of confinement

in any place out of the Canal Zone, is guilty of a felony, and every

person so landing shall also be guilty of a felony. (Feb. 21, 1933,

ch. 109, sec. 42 [135], 47 Stat. 865.)

CRO'SS-ReIFEKENCB Exclusion of undesirables, see title 2, section 141.

B. OFFENSES IN RELATION TO HABEAS CORPUS

191. Failure by officer to obey writ of habeas corpus.—Every

officer or person to whom a writ of habeas corpus is directed who,

after service thereof, neglects or refuses to obey the command

thereof, is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 46 [142],

47 Stat. 865.)

Cross-Reifeirbncb Habeas corpus provisions generally, see title 6, sections 721 to 735. 192. Imprisonment of person discharged upon writ.—Every per- son who, either solely or as a member of a court, knowingly and

unlawfully recommits, imprisons or restrains of his liberty, for the same cause, any person who has been discharged upon a writ of

habeas corpus, is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 47

[143], 47 Stat. 805.)

193. Eluding service of writ of habeas corpus.—Every person

having in his custody, or under his restraint or power, any person

for whose relief a writ of habeas corpus has been issued, who, with

intent to elude the service of the writ, or to avoid the effect thereof,

transfers the person to the custody of another, or places him under

the power or control of another, or conceals or changes the place

of confinement or restraint, or removes him without the jurisdiction

of the court or judge issuing the writ, is guilty of a felony. (Feb.

21, 1933, ch. 109, sec. 48 [144], 47 Stat. 865.)

C. ESCAPES AND RESCUES

201. Escapes from prison.—Every person who shall escape from

prison while serving his sentence, shall be punishable by summary

658
THE CRIMINAL CODE [T. 5, § 211

order of the competent court, by imprisonment for an additional

term of not less than one twentieth or more than one fifth of the

term of the original sentence. 202. Officers permitting prisoners to escape.—Every keeper of a

jail or penitentiary, assistant jailer, or person employed as a guard

or otherwise, who fraudulently contrives, procures, aids, connives at or voluntarily permits the escape of any prisoner in custody, is punishable by imprisonment in the penitentiary for not more than ten

3^ears and a fine of not more than $5,000. 203. Assisting prisoners to escape.—Every person who willfully

assists any prisoner confined in any jail or penitentiary, or in the

lawful custody of any officer or person, to escape, or in any attempt

to escape from the penitentiary or custody, is punishable as provided

in the next preceding section.

204. Carrying into jail or penitentiary things useful in escape.—

Every person who carries or sends into a jail or penitentiary any

thing useful to aid a prisoner in making his escape, with intent

thereby to facilitate the escape of any prisoner confined therein, is punishable as provided in section 202 of this title. 205. Assisting in escape of person confined in Canal Zone hospital.—Any person who willfully assists any person legally confined

in a hospital of the Government of the Canal Zone to escape, or in an attempt to escape therefrom, is guilty of a misdemeanor. (Feb.

21, 1933, ch. 109, sec. 45 [141a], 47 Stat. 865.)

206. Rescuing prisoners.—Every person who rescues or attempts

to rescue, or aids another person in rescuing or attempting to rescue, any prisoner from the penitentiary or any jail, or from any officer or person having him in lawful custody, is punishable as follows

a. If the prisoner was in custody upon a conviction of felony

punishable by death, by imprisonment in the penitentiary for not more than fourteen years;

b. If the prisoner was in custody upon a conviction of any other

felony, by imprisonment in the penitentiary for not more than five years

c. If the prisoner was in custody upon a charge of felony, by a

fine of not more than $1,000, and imprisonment in the penitentiary

for not more than two years; or

d. If the prisoner was in custody otherwise than upon a conviction

or charge of felony, by a fine of not more than $500, and imprisonment in jail for not more than six months. (Feb. 21, 1933, ch. 109,

sec. 43 [136, subs. 3], 47 Stat. 865.)

D. CONTEMPT OF COURT

211. Contempt in presence of court, judge or magistrate; sum- mary punishment.—A person guilty of misbehavior in the presence

of or so near a court, judge or magistrate as to obstruct the administration of justice, including the refusal of a person present in court

to be sworn as a witness or to answer as a witness when lawfully

required, shall be guilty of contempt, which the court may punish

659
T. 5, § 212] THE CRIMINAL CODE

summarily by imprisonment in jail for not more than ten days or by a fine of not more than $100, or by both. (Feb. 21, 1933, ch. 109,

sec. 37 [131], 47 Stat. 864.)

Ckoss-Refebeinces

Mitigation of punishment for offense already punished as contempt, see title

6, section 496. Punishment for a crime which also constitutes a contempt, see section 29 of

this title.

212. Contempt by disobedience to process or command of

court.—A person guilty of any of the following acts may be punislied

as for contempt

a. Disobedience of or resistance to a lawful writ, process, order,

judgment or command of the district or a magistrate's court, or injunction granted by the district court or judge;

b. Misbehavior of an officer of a court in the performance of his

official duties or in his official transactions

c. Failure to obey a subpena duly served ; or

d. The rescue or attempted rescue of a person or property in the

custody of an officer by virtue of an order or process of a court held

by him.

The court shall determine whether the accused is guilty of con- tempt and if he is adjudged guilty he may be fined not more than

$100, or imprisoned not more than ten days, or both. If the con- tempt consists in the violation of an injunction, the person guilty

of the contempt may also be ordered to make complete restitution to the party injured by the violation. (Feb. 21, 1933, ch. 109, sees. 38 [131a] and 39 [131b], 47 Stat. 864.)

E. MISCONDUCT IN PRACTICE OF LAW

221. Misconduct by attorneys; in general.—Every attorney who,

whether as attorney or as counselor, either

a. Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party

b. Willfully delays his client's suit with a view to his own gain; or

c. Willfully receives any money or allowance for or on account

of any money which he has not laid out or become answerable for;

Is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 49 [145a], 47

Stat. 865.)

222. Buying by attorneys of demands or suits.—Every attorney

who, either directly or indirectly, buys or is interested in buying

any evidence of debt or thing in action, with intent to bring suit thereon, is guilty of a misdemeanor. (Feb. 21, 1933, ch. 109, sec. 49

[145b], 47 Stat. 865.)

223. Practice of law by one not admitted to bar.—Any person

other than one regularly admitted to the bar of the district court of the Canal Zone who advertises or represents himself as practicing

or entitled to practice law in any court of the Canal Zone, other

than for himself, is guilty of a misdemeanor. (Feb. 21, 1933, ch. 109, sec. 49 [145c], 47 Stat. 865.)

660
THE CRIMINAL CODE [T. n, § 234

F. FRAUDS BY DEBTORS AND OTHERS

231. Fraudulent concealment of property by defendant.—Every

person against whom an action is pending or against whom a judgment has been rendered for the recovery of any personal property,

who fraudulently conceals, sells or disposes of that property with

intent to hinder, delay or defraud the person bringing the action or recovering the judgment, or with that intent removes the property beyond the jurisdiction of the courts in which it may be at the

time of the commencement of the action or the rendering of the

judgment, is punishable as provided in the section next following.

232. Fraudulent removal of property from jurisdiction by

debtor.—Every debtor who fraudulently removes his property or

effects beyond the jurisdiction of the courts, or fraudulently sells, conveys, assigns or conceals his property, with intent to defraud,

hinder or delay his creditors of their rights, claims or demands, is punishable by imprisonment in the penitentiary for not more than one year, or by a fine of not more than $5,000, or by both. (Feb. 21,

1933, ch. 109, sec. 36 [127], 47 Stat. 864.)

233. Fraudulent production of infant with intent to intercept

inheritance.—Every person who fraudulently produces an infant,

falsely pretending it to have been born of any parent whose child

would be entitled to inherit, with intent to intercept the inheritance,

is punishable by imprisonment in the penitentiary for not more than

ten years. 234. Substitution of one child for another.—Every person to whom an infant has been confided for nursing, education or any

other purpose, who, with intent to deceive any parent or guardian of

the child, substitutes or produces to the parent or guardian another

child in place of the one so confided, is punishable by imprisonment

in the penitentiary for not more than seven years. CHAPTER 9.—CRIMES AGAINST THE PERSON

Art. Sec.

1. Homicide 251

2. Mayhem 271

3. Kidnaping and child stealing 281

4. Robbery 291

5. Attempts to icill 301

6. Assaults with intent to commit

felonies other than murder 311

Art.

7. Duels and challenges

8. False imprisonment

9. Assault and battery

10. Libel

11. Other injuries to personsSec. 321

331 341

351

371

Cross-Eefekencb

Conspiracy to commit felony upon person of another, overt act not necessary,

see section 82 of tliis title.

afji
T.5, §251] THE CRIMINAL CODE

ARTICLE 1.—HOMICIDE

Sec. 251.

2.52. 253.

254. 255.

256.

Murder defined. Malice defined. Degrees of murder. Punishment for murder.

Injury to or obstruction of Canal or

locks causing death. Manslaughter defined ; voluntary and

involuntary manslaughter.

Sec. 257. Punishment of manslaughter.

258. Party must die within a year and a day.

259. Excusable homicide.

260. Justifiable homicide by public oflScers. 261. Justifiable homicide by other persons.

262. Bare fear not to justify killing. 263. Justifiable or excusable homicide not

punishable.

Section 251. Murder defined.—Murder is the unlawful killing of

a human being with malice aforethought.

Cross-Rbifeeences Burden of proving circumstances in mitigation or justification, see title 6, section 384. Death and fact of liilling by defendant to be established as independent facts, see title 6, section 383. 252. Malice defined.—Such malice may be express or implied. It

is express when there is manifested a deliberate intention unlawfully

to take away the life of a fellow creature. It is implied when no

considerable provocation appears, or when the circumstances at- tending the killing show an abandoned or malignant heart.

253. Degrees of murder.—Murder which is perpetrated by means

of poison, lying in wait, torture, or by other Avillful, deliberate, or premeditated act or acts, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree, and all other kinds of murder

are of the second degree. (Feb. 21, 1933, ch. 109, sec. 50 [148],

47 Stat. 866.)

254. Punishment for murder.—Every person guilty of murder in

the first degree shall suffer death, or, if there be extenuating circumstances, confinement in the penitentiary for life, and every person

guilty of murder in the second degree is punishable by imprisonment

in the penitentiary not less than ten 5^ears. 255. Injury to or obstruction of Canal or locks causing death.

If any act in violation of section 821 of this title shall cause the

death of any person within a j^ear and a day thereafter, the person

so convicted shall be guilty of murder and shall be punished accordingly. (Aug. 21, 1916, ch. 371, sec. 10, 39 Stat. 529 [U.S. Code, title 48, sec. 1322].)

256. Manslaughter defined; voluntary and involuntary manslaughter.—Manslaughter is the unlawful killing of a human being

without malice. It is of two kinds

a. Voluntary : Upon a sudden quarrel or heat of passion ; and

b. Involuntary : In the commission of an unlawful act not amounting to felony; or in the commission of a lawful act which might

produce death, in an unlawful manner or without due caution and

circumspection.

CROSS-KEFjaSENOE

Mislabeling or wrongfully compounding drugs as manslaughter, see section 541 of this title.

662
THE CRIMINAL CODE [T. 5, § 261

257. Punishment of manslaughter.—Voluntary manslaughter is punishable by imprisonment in the penitentiary for not more than

ten years. Involuntary manslaughter is punishable by imprisonment in the

penitentiary for not more than ten years, or, in the discretion of

the court, by imprisonment in jail for not more than one year or by a fine of not more than $1,000, or by both such imprisonment in

jail and fine. 258. Party must die within a year and a day.—To make the

killing either murder or manslaughter it is requisite that the party

die within a year and a day after the injury is received or the cause

of death administered; in the computation of which the whole of the

day on which the act was done shall be reckoned the first. 259. Excusable homicide.—Homicide is excusable when committed

by accident and misfortune or in doing any lawful act by lawful means with usual and ordinary caution and without any unlawful

intent.

260. Justifiable homicide by public officers.—Homicide is justifiable when committed by public officers, and those acting by their

command in their aid and assistance, either:

a. In obedience to any judgment of a competent court;

b. When necessarily committed in overcoming actual resistance

to the execution of some legal process or in the discharge of any other

legal duty; or

c. When necessarily committed in retaking felons who have been

rescued or have escaped, or in arresting persons charged with felony,

and who are fleeing from justice or resisting the arrest.

Cboss-Reiferences Burden of proving homicide justifiable, see title 6, section 384.

Officer may use all necessary means to effect arrest, see title 6, section 93.

261. Justifiable homicide by other persons.—Homicide is also

justifiable when committed by any person in any of the following

cases

a. When resisting any attempt to murder any person or to commit

a felony or to do some great bodily injury upon any person;

b. When committed in defense of habitation, property or person,

against one who manifestly intends or endeavors by violence or sur- prise to commit a felony, or against one who manifestly intends and

endeavors in a violent, riotous or tumultuous manner to enter the

habitation of another for the purpose of offering violence to any

person therein;

c. When committed in the lawful defence of the person, or of a wife or husband, parent, child, master, mistress or servant of the

person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury and imminent

danger of such design being accomplished; but the person, or the

person in whose behalf the defense was made, if he was the assailant or engaged in mortal combat, must really and in good faith have

663
T.5, §262] THE CRIMINAL CODE

endeavored to avoid or escape any further struggle before the homicide was committed; or

d. When necessarily committed in attempting by lawful ways and means to apprehend any person for any felonj' committed or in lawfully suj)pressing any riot, or in lawfully keeping and preserving the

peace.

Cboss-Reifebences

Burden of proving homicide justifiable, see title 6, section 384. Self-defense, see title 6, sections 31 to 33. 262. Bare fear not to justify killing.—A bare fear of the commission of any of the offenses mentioned in paragraphs b and c of the

next preceding section, to prevent which homicide may be lawfully

committed, is not sufficient to justify it. But the circumstances must

be sufficient to excite the fears of a reasonable person, and the party

killing must have acted under the influence of those fears alone.

263. Justifiable or excusable homicide not punishable.—Where a homicide appears to be justifiable or excusable, the person charged

must, upon his trial, be acquitted and discharged.

Sec. 271. Mayhem defined.

ARTICLE 2.—MAYHEM

Sec. 272. Mayhem, how punishahle.

271. Mayhem defined.—Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables,

disfigures, or renders it useless, or cuts or disables the tongue, or puts

out an eye, or slits the nose, ear or lip, is guilty of mayhem.

CROSS-REFE3tEN<CE Assault with intent to commit, see section 311 of this title.

272. Mayhem, how punishable.—Mayhem is punislrable by imprisonment in the penitentiary for not more than fifteen 3'ears. ARTICLE 3.—KIDNAPING AND CHILD STEALING

Sec. 281. Kidnaping defined. 282. Punishment of kidnaping.

Sec. 283. Taliing or enticing child from parent, guardian or other person. 281. Kidnaping defined.—P^very person Avho

a. Forcibly steals, takes or arrests any person in the Canal Zone

and carries him into another part of the Canal Zone or into another

country or into a State or Territory of the United States;

b. Forcibly takes or arrests any person with a design to take him

out of the Canal Zone without having established a claim according

to the laws of the Canal Zone or of the United States applicable in the Canal Zone ; or

c. By false promises, misrepresentations or the like, hires, per- suades, entices, decoys or seduces any person to go out of the Canal

Zone or to l)e taken or removed therefrom for the purpose and with

the intent to sell the person into slavery or involuntary servitude or otherwise to employ him for his own use or for the use of another.

664
THE CRIMINAL CODE [T. 5, § 294 without the free will and consent of the persuaded person, or to unlawfully deprive the person of his liberty; Is guilty of kidnaping.

Cross-Refebenck

Bringing kidnaped person into place subject to jurisdiction of United States, see U.S. Code, title 18, section 446 (appendix, p. 038).

282. Punishment of kidnaping.—Kidnaping is punishable by

imprisonment in the penitentiary for not more than fifty years. (Feb. 21, 1933. ch. 109, sec. 50a [162], 47 Stat. 866.)

283. Taking or enticing child from parent, guardian or other

person.—Every person who maliciously, forcibly or fraudulently

takes or entices away any child under the age of twelve years, with

intent to detain and conceal the child from its parent, guardian or other person having the lawful charge of the child, is punishable

by imprisonment in the penitentiary for not more than fifty years. (Feb. 21, 1933, ch. 109, sec. 50b [163], 47 Stat. 866.)

ARTICLE 4.—ROBBERY

Sec. Sec. 291. Robbery defined. 294. Boarding passenger train with intent

292. Foar as an element in robbery. to rob.

-d'd. Punishment for robbery. 291. Robbery defined.—Eobbery is the felonious taking of per- sonal property in the possession of anotlier, from his person or immediate presence and against his will, accomplished by means of force or fear. Cross-References

Assault witli intent to rob, see section 311 of this title. Burglary, see section 051 of this title. Larceny, see section 771 of this title. Robbery beyond jurisdiction and bringing the stolen goods into the Canal

Zone, see section 56 of this title.

292. Fear as an element in robbery.—The fear mentioned in the

next preceding section may be either

a. The fear of an unlawful injury to the person or property of the

person robbed or of any relative of his, or member of his family ; or

b. The fear of an immediate and unlawful injury to the person or

])roperty of anyone in the company of the person robbed at the time

of the robbery.

293. Punishment for robbery.—Eobbery is punishable by imprisonment in the penitentiary for not more than twenty j'ears.

294. Boarding passenger train with intent to rob.—Every person

who shall unlawfully board any passenger train with the intent of

robbing the same shall be guilty of a felony and shall be punishable

by imprisonment in the penitentiary for not more than forty years. (Feb. 21, 1933, ch. 109, sec. 50e [166], 47 Stat. 866.)

93083—34- -43 665
T. 5, § 301] THE CRIMINAL CODE

ARTICLE 5.—ATTEMPTS TO KILL

Sec. 301. Assault with intent to murder.

302. Admiuistering poison.

Sec. 303. Train wrecking; acts done isith in- tention of. 301. Assault with intent to murder.—Every person who assaults

another with intent to commit murder is punishable by imprisonment in the penitentiary for not more than twenty years. (Feb. 21,

1933, ch. 109, sec. 50d [165], 47 Stat. 866.)

Cross-Res'erbncb Assault with deadly weapon, see section 34G of this title. 302. Administering poison.—Every person who with intent to

kill administers or causes or procures to be administered to another,

any poison or other noxious or destructive substance or liquid, but

by which death is not caused, is punishable by imprisonment in the

penitentiary for not more than twenty years. (Feb. 21, 1933, ch. 109, sec. 50c [161], 47 Stat. 866.)

Ckoss-Refebencb

Willfully poisoning food, medicine or water, see section 373 of this title. 303. Train wrecking; acts done with intention of.—Every

person who shall

a. Unlawfully throw out a switch, remove a rail or place any

obstruction on any railroad, tramway or electric railway, with the

intent of derailing any passenger, freight or other car

b. Unlawfully place any dynamite or any other explosive material

or any obstruction on the track of any railroad, tramway or electric railway, with the intent of blowing up or derailing any passenger,

freight, or other car ; or

c. Who shall unlawfully set fire to any railroad, tramway or

electric railway, bridge, or trestle, over which any passenger, freight, or other car must pass, with intent of wrecking the car

Shall be guilty of a felony and shall be punishable by imprisonment in the penitentiary for not more than fort}^ years. (Feb. 21,

1933, ch. 109, sec. 50e [166], 47 Stat. 866.) Ceoss-Reoferencei Boarding train witli intent to rob, see section 294 of this title. ARTICLE 6.

See.

-ASSAULTS WITH INTENT TO COMMIT FELONIES OTHER

THAN MURDER

511. Assaults witti intent to commit certain

felonies.

312. Assaults withi intent to commit other

felonies.

Sec. 313. Administering stupefying agent

assist connuission of felony.

311. Assaults with intent to commit certain felonies.—Every

person who assaults another with intent to commit rape, the in- famous crime against nature, mayhem, robbery or grand larceny,

is punishable by imprisonment in the penitentiary for not more than

fourteen years. (Feb. 21, 1933, ch. 109, sec. 51b [169], 47 Stat. 867.)

666
THE CRIMINAL CODE [T. 5, § 32G

312. Assaults with intent to commit other felonies.—Every per- son who is guilty of an assault with intent to connnit any felony,

other than murder and the felonies enumerated in the next preceding

section, is punishable by imprisonment in the penitentiary for not more than one year, or by a fine of not more than $500.

313. Administering stupefying agent to assist commission of

felony.—Every person guilty of administering to another any

chloroform, ether, laudanum or other narcotic anaesthetic or intoxicating agent, with intent thereby to enable or assist himself or any

other person to commit a felony, is guilty of a felony.

ARTICLE 7. DUELS AND CHALLENGES

Sec. 321. Duel defined. 322. Fighting a duel or sending or accept- ing chaUenge.

323. Publishing another for not fighting

duel.

Sec. 324. Duties of ofiiccrs to prevent duels.

32.5. Leaving Canal Zone with intent to evade laws against dueling. 326. Witness' privilege.

321. Duel defined.—A duel is any combat with deadly weapons,

fought between two or more persons by previous agreement or upon

a previous quarrel.

322. Fighting a duel or sending or accepting challenge.—Every

person who fights a duel, or who sends or accepts a challenge to

fight a duel, ig guilty of a felony.

323. Publishing another for not fighting duel.—Every person

who posts or publishes another for not fighting a duel or for not

sending or accepting a challenge to fight a duel, or who uses any

reproachful or contemptuous language, verbal, written or printed,

to or concerning another, for not sending or accepting a challenge

to fight a duel, or with intent to provoke a duel, is guilty of a misdemeanor.

324. Duties of officers to prevent duels.—Every judge or other

officer bound to preserve the public peace, who has knowledge of

the intention on the part of any persons to fight a duel, and who does

not exert his official authority to arrest the party and prevent the

duel, is punishable by a fine of not more than $1,000.

325. Leaving Canal Zone with intent to evade laws against

dueling.—Every person who leaves the Canal Zone with intent to evade any of the provisions of this article, and to commit any act beyond the jurisdiction of the courts which is prohibited by this

article, and who does any act, although out of the Canal Zone, which

would be punishable by such provisions if committed within the

Canal Zone, is punishable in the same manner as he would have

been in case the act had been committed within the Canal Zone.

326. Witness' privilege.—No person shall be excused from testi- fying or answering any question upon any investigation or trial for a violation of any of the provisions of this article, upon the

ground that his testimony might tend to convict him of a crime.

But no evidence given upon any examination of a person so testifying

667
T. 5, §331] TEE CRIMINAL CODE

shall be received against him in any criminal prosecution or proceeding.

ARTICLE 8.—FALSE IMPRISONMENT

Sec.

I Sec. 331. False imprisonment defined. I 332. r'unishment of false imprisonment. 331. False imprisonment defined.—False imprisonment is the un- lawful restraint of a person's liberty, whether in a place made use of

for lawful imprisonment, or in one used only on the particular occasion, or by words and an array of force, without bolts or bars in any

locality whatever.

Cross-references

Arrest under pretense of proper authority, see section 173 of tliis title. False arrest, see section 171 of this title. Unlawful restraint after discharge on habeas corpus, and refusal to obey

writ, see sections 191 and 192 of this title. 332. Punishment of false imprisonment.—False imprisonment is punishable by a hue of not more than $5,000, or by imprisonment in

the penitentiary for not more than one year, or by both. (Feb. 21,

1933, ch. 109, sec. 52 [188], 47 Stat. 867.)

ARTICLE 9.—ASSAULT AND BATTERY

Sec.

I Sec. 341. Assault defined. 341. I'unishment of battery.

342. Punishment of assault. 345. Assault with caustic chemical.

343. Battery defined. I 346. Assault with deadly weapon. 341. Assault defined.—An assault is an unlawful attempt, cou- pled with a present ability, to commit a violent injury on the person

of another.

342. Punishment of assault.—An assault is punishable by a fine of not more than $25, or by imprisonment in jail for not more than

thirty days.

343. Battery defined.—A battery is any willful and unlawful use

of force or violence upon the person of another.

344. Punishment of battery.—A battery is punishable by a fine of not more than $100, or by imprisonment in jail for not more than

thirty days, or by both.

345. Assault with caustic chemical.—Every person wlio willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another any vitriol, corrosive acid or

cau.stic chemical of any nature with the intent to injure the flesh or

disfigure the body of such person is punishable by imprisonment

in the penitentiary for not more than fourteen years. (Feb. 21,

1933, ch. 109, sec. 51c [182], 47 Stat. 807.)

346. Assault with deadly weapon.—Every person who commits

an assault upon the person of another with a deadly weapon or in- strument, or by any means or force likely to produce great bodily

injury, is punishable by imprisonment in the penitentiary for not more than ten years, or by a fine of not more than $5,000, or by both.

CROSS-REI'ERENCE Attempts to kill, see sections 301 to 303 of this title. 668
THE CRIMINAL CODE T. 5, § 358]

ARTICLE 10.—LIBEL

Libelous remarks connected with priv- ileged matter. Other privileged comnuinications. Threatening to publish libel.

;!62. Offering to prevent publication of

libel, intending extortion.

363. I'ubllshing of portraits, caricatures, and cartoons.

360

361

Sec. Sec, 351. Libel defined. 359

352. Punishment of libel. 353. Malice presumed.

354. Truth and good motives as a defense.

355. Publication defined. 356. Liability of editor.s and publishers. 357. Liability of author of libel. 358. Privilege in publication of true report

of public olficial proceedings.

351. Libel defined.—A libel is a malicious defamation, expressed

either by writing, printing or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the

honesty, integrity, virtue or reputation, or to publish the natural or

alleged defects of one who is alive, and thereby to expose him to public hatred, contempt or ridicule.

Cross-References

Informations for libel, see title 6, section 201. Mailing libelous matter on wrappers or envelopes, see U.S. Code, title 18, section 335 (appendix, p. 921).

352. Punishment of libel.—Every person who willfully and with

a malicious intent to injure another publishes or procures to be

published any libel is punishable by a fine of not more than $5,000, or imprisonment in the penitentiary for not more than one year. (Feb. 21, 1933, ch. 109, sec. 53 [190], 47 Stat. 867.)

353. Malice presumed.—An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown,

354. Truth and good motives as a defense.—In all criminal

pro^jivutions for libel the truth may be given in evidence to the jury,

and if it appears to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends

the defendant shall be acquitted. (Feb. 21, 1933, ch. 109, sec, 54

[192], 47 Stat, 867.)

355. Publication defined.—To sustain a charge of publishing a

libel, it is not needful that the words or things complained of should

have been read or seen by another. It is enough that the accused

knowingly parted with the immediate custody of the libel under cir- cumstances which exposed it to be read or seen by any other person

than himself.

356. Liability of editors and publishers.—Each author, editor or

proprietor of any book, newspaper or serial publication, is chargeable with the publication of any words contained in any part of such

book or number of the newspaper or serial. 357. Liability of author of libel.—The author of a libel in all cases is equally guilty and is subject to the same punishment as the

publisher, owner or proprietor of the newspaper or other printed

publication in which the libelous article appears. The punishment

prescribed in section 352 of this title is applicable to this section.

358. Privilege in publication of true report of public official proceedings.—No reporter, editor or proprietor of any newspaper

669
T. 5, § 359] THE CRIMINAL CODE

is liable to any prosecution for any fair and true report of any

judicial, legislative or other public official proceedings, or of any

statement, speech, argument or debate in the course of the same,

except upon proof of malice in making the report, which shall not

be implied from the mere fact of publication.

359. Libelous remarks connected with privileged matter.—

Libelous remarks or comments connected with matter privileged by

the next preceding section receive no privilege by reason of their

being so connected.

360. Other privileged communications.—A communication made

to a person interested in the communication by one who was also interested, or who stood in such relation to the former as to afford

a reasonable ground for supposing his motive innocent, is not pre- sumed to be malicious and is a privileged communication.

361. Threatening to publish libel.—Every person who threatens

another to publish a libel concerning him, or any parent, husband,

wife or child of the person or member of his family, is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 55 [198], 47 Stat. 867.)

Gross-Rbiferenob

Threat to accuse auother of crime or to disclose infirmities, see section 371

of this title. 362. Offering to prevent publication of libel, intending extortion.—Every person who offers to prevent the publication of any

libel upon another person, with intent to extort any money or other

valuable consideration from any person, is guilty of a felony. (Feb.

21, 1933, ch. 109, sec. 55 [198], 47 Stat. 867.)

363. Publishing of portraits, caricatures and cartoons.—Every

person who shall publish in any newspaper, handbill, poster, book, or

serial publication or supplement thereto

a. The portrait of any living person a resident of the Canal Zone

other than that of a person holding a public office in the Canal Zone,

without the written consent of the person first had and obtained;

except that it shall be lawful to publish the portrait of a person

convicted of a crime ; or

b. Any caricature of any person residing in the Canal Zone, which

caricature will in any manner reflect upon the honor, integrity,

manhood, virtue, reputation, or business or political motives of the

person so caricatured, or which tends to expose the individual so caricatured to public hatred, ridicule or contempt;

Shall be punished by a fine of not more than $500, or by imprisonment in jail for not more than six months, or by both.

All persons concerned in the publication, either as owner or manager, editor, publisher or engraver are each liable for the publication. Actions for the violation of this section shall be tried either

in the division where the newspaper, handbill, poster, book, or serial publication or supplement is printed or has its publication office, or

in the division where the person whose portrait or caricature is published resides at the time of the alleged publication.

670
THE CRIMINAL CODE

ARTICLE 11.—OTHER INJURIES TO PERSONS

[T. 5, § 375

Sec. 371. Sending letter tlueatening to accuse another of crime or expose failings. 372. Act by intoxicated physician endangering life. 373. Willfully poisoning food, medicine, or water.

Sec. 374. Cruelty or neglect of duty toward

lunatics and insane persons.

375. Innkeepers and carriers refusing to receive guests and pa.ssengers.

371. Sending letter threatening to accuse another of crime or expose failings.—Every person who knowingly and willfully sends

or delivers to another any letter or writing, whether subscribed or

not, threatening to accuse him or another of a crime, or to expose or publish any of his failings or infirmities, is guilty of a misdemeanor.

Cross-Reteirences

Threats as element of extortion in general, see sections 681 to 688 of this

title. Threat to publish libel, see section 361 of this title. 372. Act by intoxicated physician endangering life.—Every

physician who, in a state of intoxication, does any act as a physician

to another person by w-hich the life of the person is endangered, is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 51 [167], 47 Stat.

866.)

373. Willfully poisoning food, medicine or water.—Every per- son who wdllfully mingles any poi.son with any food, drink or medicine, with intent that the same shall be taken by any human being, to

his injury, and every person who willfully poisons any spring, well, or reservoir of water, is punishable b}^ imprisonment in the penitentiary for not more than twenty years. (Feb. 21, 1933, ch. 109,

sec. 51a [168], 47 Stat. 867.)

Ceoss-Refekence

Administering poison with intent to kill, see section 302 of this title. 374. Cruelty or neglect of duty toward lunatics and insane

persons.—Every person guilty of any harsh, cruel or unkind treat- ment of, or any neglect of duty toward any idiot, lunatic or insane

person, is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 66 [244],

47 Stat. 869.)

375. Innkeepers and carriers refusing to receive guests and

passengers.—Every person, and every agent or officer of any cor- poration, carrying on business as an innkeeper or as a common carrier of passengers who refuses, without just cause or excuse, to re- ceive and entertain any guest, or to receive and carry any passenger,

is guilty of a misdemeanor.

671
T.5,§391] THE CRIMINAL CODE

CHAPTER 10.—CRIMES AGAINST PUBLIC DECENCY AND GOOD

MORALS

Art. Sec.

1. Regulations respecting indecent

or immoral conduct 391

2. Rape, abduction, carnal abuse of children, and seduction 401

3. Bigamy, incest, and the crime

against nature 411

4. Abortion and contraception 421

5. Adultery 431

6. Abandonment or neglect of wife

or child 441

Art.

7. Indecent exposure, obscene ex- hibitions, books and prints, and bawdy and other disor- derly houses

8. Gambling

!>. Lotteries

10. Violating sepulchre and the re- mains of the dead

Sec.

451

461 471

481

Cross-References

Conspiracy to commit act injurious to public morals, see section 81 of this

title. Mailing obscene matter, see U.S. Code, title 18, section 334 (appendix, p. 920).

ARTICLE 1.—REGULATIONS RESPECTING INDECENT OR IMMORAL

CONDUCT

Sec. 391. President may make rules and regulations.Sec. 392. Punishment of violations of regulations. Section 391. President may make rules and regulations.—It shall be unlawful to engage in or permit anj^^ indecent or immoral conduct

in the Canal Zone. The President is authorized to enforce this provision by making rules and regulations to assert and exercise the

police power in the Canal Zone, or for any portion or division

thereof, and he mav amend or change any such regulation. (Aug. 21,

1916, ch. 371, sec* 4, 39 Stat. 528 [U.S. Code, title 48, sec. 1313].)

392. Punishment of violations of regulations.—Any person who

violates any of the police regulations authorized under the next pre- ceding section, shall be punished b}^ a fine of not more than $25, oi- by imprisonment in jail for not more than thirty days, or by both.

(Aug. 21, 1916, ch. 371, sec. 5, 39 Stat. 528 [U.S. Code, title 48, sec. 1314].)

ARTICLE 2.—RAPE, ABDUCTION, CARNAL ABUSE OP CHILDREN AND

SEDUCTION

Sec. 401. Rape defined. 402. Proof of physical ability where de- fendant under fourteen.

403. Gist of offense ; penetration .sufficient. 404. Punishment for rape.

Sec. 405. Abduction of women.

406. Enticement for purposes of prostitution. 407. Seduction under promise of marriage.

408. Intermarriage bars prosetiution. 401. Rape defined.—Rape is an act of sexual intercourse accomplished Avith a female not the wife of the perpetrator, under any of

the following circumstances

a. Where the female is under the age of sixteen years;

b. Where she is incapable, through lunacy or other unsoundness of

mind, whether temporary or permanent, of giving legal consent

c. Wliere she is prevented from resisting by threats of great and

immediate bodily harm, accompanied by apparent power of execution, or by any intoxicating, narcotic or aniiesthctic substance, administered by or with the privit}' of the accused ; d. Where she resists, but her resistance is overcome by force or

violence

G72
THE CRIMINAL CODE [T. 5, § 4(Xi

e. Where she is at the time unconscious of the nature of the act, and this is known to the accused ; or

f. Where she submits under the belief that the person committing;

the act is her husband, and this belief is induced by any artifice, pre- tense or concealment practiced by the ac cused, with intent to induce

such belief. Cross-References

Administering stupefying drugs with intent to commit felony, see section 313

of this title. Attempts to conuuit rape, see section 311 of this title. 402. Proof of physical ability where defendant under fourteen.—No conviction for rape can be had against one who was under

the age of fourteen years at the time of the act alleged, unless his

physical ability to accomplish forcible penetration is proved as an independent fact and beyond a reasonable doubt.

403. Gist of offense; penetration sufficient.—The essential guilt

of rape consists in the outrage to the person and feelings of the

female. Any sexual penetration, however slight, is sufficient to complete the crime.

404. Punishment for rape.—Rape is punishable by imprisonment

in the penitentiary for not more than fifty years, except where the

offense is under paragraph a of section 401 of this title, in which

case the punishment shall be either by imprisonment in jail for not more than one year or in the penitentiary for not more than fifty years, and in such case the jury shall recommend by their verdict

whether the punishment shall be by imprisonment in jail or in the

penitentiary : Provided, That when the defendant pleads guilty of an

offense under said paragraph a, the punishment shall be in the dis- cretion of the trial court, either by imprisonment in jail for not more

than one year or in the penitentiary for not more than fifty years. (Feb. 21, 1933, ch. 109, sec. 56 [204], 47 Stat. 867.)

405. Abduction of women.—Every person who takes any woman

unlawfully, against her will, and by force, menace or duress, compels

her to marry him, or to marry any other person, or to be defiled, is punishable by imprisonment in the penitentiary for not more than

fourteen years. (Feb. 21, 1933, ch. 109, sec. 56a [205], 47 Stat. 868.)

406. Enticement for purposes of prostitution.—Every person

who

a. Inveigles or entices any unmarried female, of previous good

reputation for chastity, under the age of twenty-one years, into any

house of ill fame or of assignation, or elsewhere, for any purpose of

prostitution, or to have illicit carnal connection with any man

b. Aids or assists in such inveiglement or enticement ; or

c. By any false pretenses, false representation or other fraudulent

means, procures any female to have illicit carnal connection with

any man;

Is punishable by imprisonment in the penitentiary for not more

than five years, or by a fine of not more than $1,000, or by both.

Cros8-Refekbnce

Necessity of corroborative evidence, see title 6, section 376. 673
T. 5, § 407] THE CRIMINAL CODE

407. Seduction under promise of marriage.—Every person who,

under promise of marriage, seduces and has sexual intercourse with an unmarried female of previous good reputation for chastity, is punishable by imprisonment in the penitentiary for not more than

five years, or by a fine of not more than $5,000, or by both.

408. Intermarriage bars prosecution.—The intermarriage of the

parties prior to the trial is a bar to a prosecution for a violation of the

next preceding section.

ARTICLE 3.—BIGAMY, INCEST. AND THE CRIME AGAINST NATURE

Sec. 411. Bigamy defined and punished.

412. Exception where former spouse miss- ing or marriage annulled.

413. Marrying husband or wife of another.

Sec. 414. Marriage within prohibited degrees of consanguinity.

415. Infamous crime against nature.

416. Lewd or lascivious acts with children. 411. Bigamy defined and punished.—Every person having a husband or wife living who marries any other person, except in the cases

specified in the section next following, is guilty of bigamy and is punishable as for a felony. (Feb. 21, 1933, ch. 109, sec. 56d [218],

47 Stat. 868.)

Cross-References

Proof of marriages upon trial for bigamy, see title 6, section 377, What marriages void, see title 3, section 53. 412. Exception where former spouse missing or marriage annulled.—The next preceding section does not extend

a. To any person by reason of any former marriage whose husband or wife by such marriage has been absent for five successive

years without being known to such person within that time to be

living; or

b. To any person by reason of any former marriage which has been

pronounced void, annulled or dissolved by the judgment of a competent court. 413. Marrying husband or wife of another.—Every person who

knowingly and willfully marries the husband or wife of another, in

any case in which the husband or wife would be punishable under the

provisions of this article, is puni.shable by a fine of not less than

$2,000, or by imprisonment in the penitentiary for not more than

three years. 414. Marriage within prohibited degrees of consanguinity.—

Persons being within the degrees of consanguinity within which

marriages are declared by this section to be incestuous, who intermarry with each other, or who commit fornication or adultery with

each other, are punishable by imprisonment in the penitentiary not exceeding ten years. Marriages between parents and children, ancestors and descendants of every degree, and between brothers

and sisters of the half as well as the whole blood, and between uncles

and nieces, or aunts and nephews, are incestuous, whether the rela- tionship is legitimate or illegitimate. (Feb. 21, 1933, ch. 109, sec. 57

[220], 47 Stat. 868.)

Cross-Refebence

What marriages void, see title 3, section 53.

674
THE CRIMINAL CODE [T. 5, § 423

415. Infamous crime against nature.—Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the

penitentiary for not more than ten j^ears.

Cross-Refebence

Assaults with intent to commit this crime, see section 311 of this title.

416. Lewd or lascivious acts with children.—Afiy person who

shall willfully and lewdly commit any lewd or lascivious act other

than the acts constituting other crimes provided for in this title upon or with the body, or any part or member thereof, of a child

under the age of thirteen years, Avith the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such

person or of such child, shall be imprisoned in the penitentiary for

not more than ten years. (Feb. 21, 1933, ch. 109, sec. 59 [223 a], 47

Stat. 868.)

ARTICLE 4.—ABORTION AND CONTRACEPTION

Sec. 424. Acts with intent to produce miscarriage. 422. Soliciting or submitting to means to procure miscarriage.

Sec. 423. Advertisement of means for abortion

or contraception.

421. Acts with intent to produce miscarriage.—Every person

who provides, supplies or administers to any pregnant woman, or procures any such woman to take any medicine, drug or substance, or uses or employs any instrument or other means whatever, with

intent thereby to procure the miscarriage of such woman, unless

the same is necessary to preserve her life, is punishable by imprisonment in the penitentiary for not more than five years. (Feb. 21,

1933, ch. 109, sec. 56b [211], 47 Stat. 868.)

Ceoss-Reference

Necessity of corroboration of woman by other evidence, see title 6, section 376.

422. Soliciting or submitting to means to procure miscarriage.—

Every woman who solicits of any person any medicine, drug, or substance whatever, and takes the same, or who submits to any

operation, or to the use of any means whatever, with intent thereby

to procure a miscarriage, unless the same is necessary to preserve

her life, is punishable by imprisonment in the penitentiary for not more than five years. (Feb. 21, 1933, ch. 109, sec. 56c [212], 47 Stat.

868.)

423. Advertisement of means for abortion or contraception.—

Every person who

a. Willfully writes, composes or publishes any notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception ; or

b. Offers his services by any notice, advertisement or otherwise to

assist in the accomplishment of any such purpose;

Is guilty of a felony.

675
T. 5, § 431] THE CRIMINAL CODE

ARTICLE 5.—ADULTERY

431. Adultery defined and punished.—Every person who:

a. Being married, shall voluntarily have sexual intercourse with

a person other than the offender's husband or wife; or

b. Being unmarried, shall voluntarily have sexual intercourse with

a married person;

Is guilty of adultery and shall be fined not more than $200, or be

imprisoned in jail for not more than one year. ARTICLE 6.—ABANDONMENT OR NEGLECT OP WIFE OR CHILD

Sec. 441. Abandonment or omission to provide

for wife or child. 442. Disposition of chiild for service in mendicant or wandering business.

Sec.

44.". Abuse or abandonment of child. 444. Humane society agent may aid In enforcement.

441. Abandonment or omission to provide for wife or child.—

Every husband of any wife or parent of any child lawfully chargeable with the support or maintenance of such wife or child, who

abandons or willfully omits, without lawful excuse, to furnish food,

shelter or medical attendance to such wife or child is guilty of^ a misdemeanor.

Cboss-Refebence

Obligation of liusband or parent to stipport wife and cliilrlren, see title 3, sections 131 and 166. 442. Disposition of child for service in mendicant or wandering

business.—Any person who

a. Having in his care, custody or control any child under the age

of twelve years, whether as parent, relative, guardian, employer or otherwise, shall sell, apprentice, give away, let out or otherwise

dispose of any such child to any person, under any name, title or

pretense, for the vocation, use, occupation, calling or service of begging or peddling in any public street or highway, or in any mendicant or wandering business whatsoever;

b. Shall take, receive, hire, employ, use, or have in custody any

child for such purposes, or either of them

Is guilty of a misdemeanor.

443. Abuse or abandonment of child.—Every person who

a. Shall torture, cruelly beat, abuse, willfully maltreat or unnecessarily deprive of liberty any child under the age of eighteen ; or

b. Having custody or possession of a child under the age of fourteen, shall expose it in any highway, street, field, house, or other place

with intent to abandon it

Is guilty of a misdemeanor.

Cross-Referencb

Civil remedy for parental abuse, see title 3, section 173. 444. Humane society agent may aid in enforcement.—Any duly

appointed agent of a regularlj'^ organized humane society in the

Canal Zone may be commissioned by the proper authorities of the

Canal Zone as a special police officer for the enforcement of the provisions of the next preceding section and of any other law, regula676
THE CRIMINAL CODE [T. 5, § 453

tion or order for the prevention of cruelty to children, and when so commissioned shall be vested for that purpose with all the authority

of a member of the police force. ARTICLE 7.—INDECENT EXPOSURE, OBSCENE EXHIBITIONS, BOOKS

AND PRINTS, AND BAWDY AND OTHER DISORDERLY HOUSES

Sec. 451. Indecent exposures, exhibitions and

pictures. 452. Authority upon arrest to seize inde- cent articles. 453. Summary determination of inde- cent character of articles seized.

Sec. 454. Destruction of indecent articles. 455. Keeping or residing in house of ill fame.

456. Keeping disorderly house.

457. Prevailing upon person to visit disor- derly house. 451. Indecent exposures, exhibitions and pictures.—Every person

who willfully and lewdly, either

a. Exposes the private parts of his person in any public place or

in any place where there are present other persons to be offended or annoyed thereby

b. Procures, counsels or assists any person so to expose himself, or to take part in any model artist exhibition, or to make any other

exhibition o,f himself to public view or to the view of any number of

persons, such a,s is offensive to decency, or is adapted to excite to lewd

or vicious thoughts or acts

c. Writes, composes, stereotypes, prints, publishes, sells, distributes,

keeps for sale or exhibits any obscene or indecent writing, publications or books; or designs, copies, draws, engraves, paints or otherwise prepares any obscene or indecent picture or print ; or molds, cuts, casts or otherwise makes any obscene or indecent figure

d. Writes, composes or publishes any notice or advertisement of

any such writing, paper, book, picture, print or figure ; or

'

e. Sings any lewd or obscene song, ballad or other words in any

public place, or in any place where there are persons present to be an- noyed therebj^, is guilty of a misdemeanor.

Cross-Refebence

Information for selling obscene books or papers, see title 6, section 205. 452. Authority upon arrest to seize indecent articles.—Every

person who is authorized or enjoined to arrest any person for a violation of paragraph c of the next preceding section is equally

authorized and enjoined to seize any obscene or indecent writing,

paper, book, picture, print or figure found in possession or under

the control of the person so arrested, and to deliver the same to the

magistrate before whom the person so arrested is required to be

taken. (Feb. 21, 1933, ch. 109, sec. 61 [229], 47 Stat. 869.)

453. Summary determination of indecent chaiacter of articles

seized.—The magistrate to whom any obscene or indecent writing,

paper, book, picture, print or figure is delivered, pursuant to the next

preceding section, must, upon the examination of the accused, or if the examination is delayed or prevented, without awaiting such ex- amination, determine the character of such writing, paper, book,

picture, print or figure, and if he finds it to be obscene or indecent,

he must deliver one copy to the district attorney. (Feb. 21, 1933,

ch. 109, sec. 62 [230], 47 Stat. 869.)

677
T. 5, § 454] THE CRIMINAL CODE

454. Destruction of indecent articles.—Upon the conviction of the

accused, any writing, paper, book, picture, print or figure, in respect

whereof the accused stands convicted, shall be destroyed.

455. Keeping or residing in house of ill fame.—Every person

who keeps a house of ill fame in the Canal Zone, resorted to for the

purposes of prostitution or lewdness, or who willfully resides in such

house, is guilty of a misdemeanor.

456. Keeping disorderly house.—Every person who

a. Keeps any disorderly house or any house for the purpose ol assignation or prostitution, or any house of public resort, by which

the peace, comfort or decency of the immediate neighborhood is habitually disturbed

b. Keeps any inn in a disorderly manner ; or

c. Lets any apartment or tenement knowing that it is to be used for

the purpose of assignation or prostitution;

Is guilty of a misdemeanor.

457. Prevailing upon person to visit disorderly house.—Whoever, through invitation or device, prevails upon any person to visit any room, building or other place kept for the purpose of prostitution, is punishable by a fine of not more than $500, or by imprisonment in jail for not more than six months, or by both. (Feb. 21,

1933, ch. 109, sec. 63 [235], 47 Stat. 869.)

ARTICLE 8.—GAMBLING

Sec. 463. Possessing or permitting maintenance

of slot or other gambling machine.

Sec. 461. Conducting gambling game for a per- centage.

462. Possessing or permitting maintenance

of gambling device or game. 461. Conducting gambling game for a percentage.—Every per- son who conducts or carries on, or causes to be conducted or carried

on, either as owner, agent or employee, whether for gain or a chance

for gain by deducting a percentage either of the profits or of the stake

being hazarded, any game of faro, monte, roulette, lansquenet, rougeet-noir, rondo, tan, fan-tan, studhorse poker, poker, seven-and-a-half,

twenty-one, hokey-pokey or any other game, for money, checks, credit or other representative of value, shall be punishable by a fine of not more than $1,000, or by imprisonment in jail for not more than one

year, or by both. (July 5, 1932, ch. 416, 47 Stat. 571.)

Cross-Reference

Lotteries, see sections 471 to 477 of this title. 462. Possessing or permitting maintenance of gambling device

or game.—Every person who has in his possession or under his control, or who permits to be placed, maintained or kept in any room,

space, inclosure or building owned, leased or occupied by him, or under his control or management, any device or game on which any

money or other valuable thing is staked or hazarded and as a result such money or valuable thing may be won or lost, shall be punishable as provided in section 461 of this title. (July 5, 1932, ch. 416,

47 Stat. 571.)

678
THE CRIMINAL CODE [T. 5, § 473

463. Possessing or permitting maintenance of slot or other gambling machine.—Every person who has in his possession or under

his control, either as owner, agent, employee or otherwise, or who

l)ermits to be placed, maintained or kept in any room, space, in- closure or building owned, leased or occupied by him, or under his

management or control, any slot or card machine, contrivance, appliance or mechanical device, upon the result of action of which

money or other valuable thing is staked or hazarded, and which is operated or played by placing or depositing therein any coins, checks,

slugs or other articles or device, or in any other manner, and by means whereof, or as a result of the operation of which, any merchandise, money, check, token or other representative or article of

value, redeemable in or exchangeable for money or any other thing

of value, is won or lost, shall be punishable as provided in section 461

of this title. (July 5, 1932, ch. 416, 47 Stat. 571.)

ARTICLE 9—LOTTERIES

Sec. deSec. 475.

476. 477.

to Publishing account of lottery. Causing tickets or advertisements

be brought in for distribution.

Raffles or gift enterprises for chari

table purposes.

471. " Lottery " acftj " lottery ticket "

fined. 472. Lotteries unlawful.

473. Establishment or promotion of lottery. 474. Selling tickets or being concerned in lottery as owner or agent. 471. " Lottery " and " lottery ticket " defined.—As used in this

article

a. " Lottery " means and includes any lottery, policy-lottery, gift concert or similar enterprise of any description by whatever name,

style or title the same may be designated or known.

b. " Lottery ticket " means and includes any lottery ticket, order

or device of any kind, for or representing any number of shares or any interest in any lottery or scheme of chance. (July 14, 1932, ch. 479, sees. 1 [3] and 2 [4], 47 Stat. 661.)

Cross-Reference

Proof on trial for violation of lottery laws, see title 6, section 382. 472. Lotteries unlawful.—The establishment, maintenance, promotion or drawing of any lottery in the Canal Zone is unlawful and

cannot be authorized by any public officer of the Canal Zone, except

as provided in section 477 of this titk.

Cross-Referencb

Postal offenses in connection with lotteries, see U.S. Code, title 18, sections 336 and 337 (appendix, p. 922).

473. Establishment or promotion of lottery.—Any person who

shall—

a. Establish, set on foot, carry on, promote, make or draw, any lot- tery within the Canal Zone whether publicly or privately; or

b. By such ways and means expose, set aside or offer for sale any

real or personal property, or certificate of claim, or any thing of

value or taken thereof whatever;

Shall be punished for a first offense by a fine of not more than

$1,000, or by imprisonment in jail for not more than one year; or

679
T. 5, § 474] THE CRIMINAL CODE

by both, and for a subsequent offense by both fine and imprisonment.

(July 14, 1932, ch. 479, sec. 1 [3], 47 Stat. 661.)

474. Selling tickets or being concerned in lottery as owner or agent.—Any person within the Canal Zone who shall

a. Vend, sell, barter or dispose of any lottery ticket; or

b. Be concerned in anywise in any lottery or scheme of chance by

acting as owner or agent in the Canal Zone for or on behalf of any

lottery or scheme of chance to be drawn, paid or carried on, either

outside of or within the Canal Zone;

Shall be punished for the first offense by a fine of not more than

$1,000 or by imprisonment in jail for not more than one year, or both, in the discretion of the court, and for the second or a subsequent

offense by both fine and imprisonment. (July 14, 1932, ch. 479, sec. 2

[4], 47 Stat. 661.)

475. Publishing account of lottery.—Any person who shall by

printing, writing or in any other way publish an account of any

lottery or scheme of chance to be carried on, held or drawn either

outside of or within the Canal Zone

a. Stating when or where any lottery or scheme of chance is to be

drawn for the prizes therein or any of them

b. Stating any information in relation to the drawing or prizes or any of them, the price of the ticket, show or chance therein, or where

any ticket may be obtained;

c. In any way aiding or assisting in the lottery or scheme of

chance; or

d. In anywise giving publicity to the lottery or scheme of chance;

Shall be fined not more than $1,000, or be imprisoned in jail

for not more than one year, or both. (July 14, 1932, ch. 479, sec. 3

[5], 47 Stat. 661.)

476. Causing tickets or advertisements to be brought in for distribution.—Any person who shall

a. Cause any papers, certificates or instruments purporting to be

or represent a ticket, chance, share or interest in or dependent upon

the event of any lottery or other enterprise offering prizes dependent

upon lot or chance, to be brought into the Canal Zone from abroad

for the purpose of depositing them in the Canal Zone or of disposing

of them or having them disposed of therein; or

b. Cause any advertisement of any such lottery or other enterprise

to be brought into the Canal Zone or deposited or circulated therein

Shall be punished for a first offense by a fine of not more than

$1,000, or by imprisonment in jail for not more than one year, or by both, and for a subsequent offense by both fine and imprisonment.

(July 14, 1932, ch. 479, sec. 4 [6], 47 Stat. 662.)

Ckoss-Referencb

Importation or "interstate" carriage of lottery tickets, see U.S. <Jocle, title 18, section 387 (appendix, p. 932).

477. Raffles or gift enterprises for charitable purposes.—The

Governor may issue a permit for conducting a i-allie or gift enterprise

whenever it shall appear to him after proper investigation that tiie gross proceeds of the enterprise are to be used for charitable pur680
TEE CRIMINAL CODE [T. 5, § 484

poses, and when such permit shall have been issued by the Governor

the preceding sections of this article shall not apply. (July 14,

1932, ch. 479, sec. 6 [10], 47 Stat. 662.)

ARTICLE 10.—VIOLATING SEPULCHRE AND THE REMAINS OF THE

DEAD

See. 481. Mutilation or removal of dead bodies. 482. Removal of part of dead body for sale or dissection.

Sec. 483. Defacing tombs and monuments.

484. Interrin;; riMiiaiiis ('ls<'\vlicr<' than

cemetery. 481. Mutilation or removal of dead bodies.—Every person who

mutilates, disinters or removes from the place of sepulchre the dead

body of a human being- without authority of law, is guilty of a felony.

But the provisions of this section do not apply to any person who

lawfully removes a dead bod}^ for reinterment.

482. Removal of part of dead body for sale or dissection.—

Every person who removes any part of the dead body of a human

being fr«m any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial,

with intent to sell the same, or to dissect it. without authority of law,

or from malice or wantonness, is punishable by imprisonment in

the penitentiary for not more than live yoars.

488. Defacing tombs and monuments.—Every person who willfully and maliciously clef aces, breaks, destroj^s or removes any tomb,

monument or grave stone erected to any deceased person, or any

memento or memorial, or any ornamental plant, tree, or shrub appertaining to the place of burial of a human being, or who shall mark,

deface, injure, destroy or remove any fence, post, rail or wall of any

cemetery or graveyard, is guilty of a misdemeanor.

Cross-Refekence

Injuries to mouuments, ornamental trees, etc., see section 834 of tliis title. 484. Interring i-emains elsewhere than in cemetery.—Every

person who, except with the permission of the Governor of the Panama Canal, shall bury or inter, or cause to be buried or interred, the

dead body of any human being, or any human remains, in any place

other than in a cemetery or place of burial, existing under the laws of

the Canal Zone and in wdiich interments have been made, or that is or may hereafter be established or organized, shall be guilty of a misdemeanor. (Feb. 21, 1033, ch. 109, sec. 60 [227], 47 Stat. 868.)

CHAPTER 11.—CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY

Art.

1. In general

Sec. 501

2. Crimes in relation to motor and

other vehiclesTM- 511

3. Crimes in relation to boiler ex- plosions or railroads 521

4. Crimes in relation to Bridges, fer- ries or roads in ge»eral 531

relation to food and

Art.

5. Crimes i drug.s

6. I'ublic nuisances

7. Crimes in relation to animals8. Crimes in relation to flres

Sec. 541 551

561 571

Ckoss-Refeeences

Carrying and keeping of arms, see sections 871 to 876 of this title. Conspiracy to commit act injurious to public health, see section

title. injurious to public health, see section 81 of this

93083—34- -44 681
T. 5, § 501] THE CRIMINAL CODE

ARTICLE 1.—IN GENERAL

Sec. 505. Keeping of pestliouse or hospital. 506. Keeping or transporting explosives without permit.

507. Placing filth or animal carcasses in or near waters or highways.

Sec. 501. Willful failure to perform duties under health laws.

502. Aiding or encouraging suicide. 503. Willful exposure of diseased person iu public place. 504. Exhibiting deformities of persons. Section 501. Willful failure to perform duties under health

laws.—Every person charged with the performance of any duty

under the laws relating to the preservation of the public health, who

willfully neglects or refuses to perform the same, is guilty of a misdemeanor.

502. Aiding or encouraging suicide.—Every person who deliberately aids, advises or encourages another to commit suicide, is guilty

of a felony.

503. Willful exposure of diseased person in public place.—Every

person who willfully exposes himself or another afflicted with any

contagious or infectious disease in any public place or thoroughfare,

except in his necessary removal in a manner the least dangerous to the public health, is guilty of a misdemeanor.

504. Exhibiting deformities of persons.—Every person who exhibits the deformities of another, or his own deformities, for hire,

is guilty of a misdemeanor ; and every person who, by any artificial means, gives to any person the appearance of a deformity and exhibits such person for hire, shall be guilty of a misdemeanor.

505. Keeping of pesthouse or hospital.—Every person who establishes or keeps, or causes to be established or kept, within the limits

of any city or village, any pesthouse, hospital or place for persons

affected with contagious or infectious diseases, is guilty of a misde- meanor.

506. Keeping or transporting explosives without permit.—Every

person who makes or keeps in the Canal Zone or transports in or

across the Canal Zone more than five pounds of gunpowder, nitroglycerine or other highly explosive substance without a permit from

the Governor so to do, is guilty of a misdemeanor. (Feb. 21, 1933,

ch. 109, sec. 71 [255], 47 Stat. 870.)

507. Placing filth or animal carcasses in or near waters or highways.—Every person who

a. Puts the carcass of any dead animal, or the offal or filth from

any slaughterhouse, pen or butcher shop, into any river, creek, pond,

reservoir, stream, alley, public highway or road in common use; or

b. Puts any filth or carcass of anj'' dead animal or any offal of

any land in or upon the borders of any stream, pond, lake or reser- voir from which water is drawn for the supply of the inhabitants of

any city or village, so that the drainage from the filth or carcass of

any animal or off'al of any kind may be taken up by or in such stream,

lake or reservoir, or who by any other means, fouls or pollutes the

waters of any such stream, pond, lake or reservoir;

Shall be punished by imprisonment in the penitentiary for not more than one year or by a fine of not more than $1,000, or by both.

682
THE CRIMINAL CODE [T. 5, § 513 ARTICLE 2.—CRIMES IN RELATION TO MOTOR AND OTHER VEHICLES

Sec. 511. Violation of duty by drivers of veliicles in collision. 512. Driving motor vehicle while intoxi- cated.

Sec. 513. Driving while intoxicated and causing death or bodily injury.

511. Violation of duty by drivers of vehicles in collision.—Whenever an automobile, motorcycle or other motor vehicle, or any vehicle

whatsoever, regardless of the power by which it is propelled or drawn, strikes any person, or collides with any vehicle containing

a person, the driver of, and all persons in, such vehicle, who have or assume authority over the driver, shall

a. Immediately cause the vehicle to stop;

b. Render to the person struck, or to the occupants of the vehicle

collided with, all necessary assistance including the carrying of the

person or occupant to a physician or surgeon for medical or surgical

treatment if such treatment is required or if such carrying is requested by the person struck or the occupant of the vehicle struck

and

c. Either remain at the scene of the accident until the arrival of the

police authorities or communicate a full report of the accident to the

nearest police authorities without delay.

Any person violating any of the provisions of this section is punishable by imprisonment in the penitentiary for not more than five years or in jail for not more than one year, or by a fine of not more

than $5,000, or by both such fine and imprisonment. (Feb. 21, 1933,

ch. 109, sec. 68 [250a], 47 Stat. 870.)

Cboss-Reifebbnce

Violation of motor-vehicle or highway regulations, see title 2, section 323.

512. Driving motor vehicle while intoxicated.—Any person operating or driving an automobile, motorcycle or other motor vehicle

who becomes or is intoxicated while so engaged in operating or driving such automobile, motorcycle or other motor vehicle, shall be

guilty of a misdemeanor. (Feb. 21, 1933, ch. 109, sec. 69 [250b], 47

Stat." 870.)

Ckoss-Refeeence

Intoxication in a public place as an offense, see section 603 of this title. 513. Driving while intoxicated and causing death or bodily in- jury.—Any person operating or driving an automobile, motorcycle

or other motor vehicle who becomes or is intoxicated while so en- gaged in operating or driving such automobile, motorcycle or other

motor vehicle, and who by reason of such intoxication does any act, or neglects any duty imposed by law, which act or neglect of duty

causes the death of, or bodily injury to, any person, shall be punishable by imprisonment in the penitentiary for not more than ten

years, or in jail for not more than one year, or by a fine of not more

than $500, or by both such fine and imprisonment. (Feb. 21, 1933,

ch. 109, sec. 70 [250c], 47 Stat. 870.)
T.5, §521] THE CRIMINAL CODE

ARTICLE 3.—CRIMES IN RELATION TO BOILER EXPLOSIONS OR

RAILROADS

Sec. 521. Causing steam boiler explosion en- dangering life. 522. Causing boiler of steamboat to explode

endangering life. 523. Causing boiler explosion resulting in death.

524. Causing railroad collision resulting

in death.

Sec. 525.

526.

Omission by locomotive engineer to ring bell when crossing highway.

Intoxication of engineers, conductors,

train dispatchers or telegraph operators.

521. Causing steam boiler explosion endangering life.—Every

engineer or other person having charge of any steam boiler, steam

engine or other apparatus for generating or employing steam used

in any manufactory, railway or other works who willfully, or from

ignorance or gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine or

apparatus, or cause any other accident whereby human life is endangered, is guilty of a felony.

522. Causing boiler of steamboat to explode, endangering life.—

Every captain or other person having charge of any steamboat used

for the conveyance of passengers, or of the boilers and engines

thereof, who from ignorance or gross neglect or for the purpose of

excelling any other boat in speed, creates or allows to be created,

such an undue quantity of steam as to burst or break the boiler, or any apparatus or machinery connected therewith, by which bursting

or breaking human life is endangered, is guilt}^ of a felony.

523. Causing boiler explosion resulting in death.—Every person

having charge of any steam boiler or steam engine, or other apparatus for generating or employing steam used in any manufactory,

or on any railroad, or in any vessel, or in any kind of mechanical

work, who willfully or from ignorance or neglect, creates or allows, to be created, such an undue quantity of steam as to burst or break

the boiler, engine, or apparatus, or to cause any other accident

whereby the death of a human being is produced, is punishable by

imprisonment in the penitentiary for not more than ten years. (Feb.

21, 1933, ch. 109, sec. 67a [248], 47 Stat. 869.)

524. Causing railroad collision resulting in death.—Every con- ductor, engineer, brakeman, switchman or other person having

charge, wholly or in part, of any railroad car, locomotive or train,

which is used as a common carrier, who willfully or negligently suffers or causes the same to collide with another car, locomotive or

train, or with any other object or thing whereby the death ©f a human being is produced, is punishable by imprisonment in the penitentiary for not more than ten years. (Feb. 21, 1933, ch. 109, sec. 67b [250], 47 Stat. 870.)

Cross-references

Injuries to railroads, see sections 826 to 830 'if tlii.s title. Train wrecking, .^^ee section 303 of tliis title. 525. Omission by locomotive engineer to ring bell when cross- ing highway.—Every person in charge of a locomotive engine, who,

before crossing any traveled public way, omits to cause a bell to

684
THE CRIMINAL CODE [T. 5, § 541

ring or steam whistle to sound, at the distance of at least one hundred and fifty meters from the crossing, and up to it, is guilty

of a misdemeanor.

526. Intoxication of engineers, conductors, train dispatchers or telegraph operators.—Every person who is intoxicated while in

charge of a locomotive engine, or while acting as conductor or driver

upon any railroad train or car whether propelled by steam or electricity, or while acting as train dispatcher, or as telegraph operator,

receiving or transmitting dispatches in relation to the movement of

trains, is guilty of a misdemeanor.

ARTICLE 4.—CRIMES IN RELATION TO BRIDGES. FERRIES OR ROADS

IN GENERAL

Sec.

I Sec. 531. Receiving compensation for use of I 532. Violating conditions of undertaking to bridge, ferry or road. I keep ferry. 531. Receiving compensation for use of bridge, ferry or road.—

Every person who demands or receives compensation for the use of any bridge or ferry, or sets up or keeps any road, bridge, ferry

or constructed ford for the purpose of receiving any remuneration

for the use of the same without authority of law, is guilty of a misdemeanor.

CEOSS-REFEiRENCfi

Injuries to bridges or highways, see sections 822 to 826 of this title. 532. Violating conditions of undertaking to keep ferry.—Every

person who, having entered into an undertaking to keep and attend

a ferry, violates the conditions of such undertaking, is guilty of a misdemeanor.

ARTICLE 5.—CRIMES IN RELATION TO FOOD AND DRUGS

Sec.

I Sec. 541. Druggist wrongfully putting up or 543. Adulterating or selling adulterated compounding medicines. 1 candy.

542. Adulterating or selling adulterated I 544. Selling or oflferiug unwholesome food

food or drugs. I or medicine. Ceoss-References For provisions of the Harrison Anti-Narcotic Act, see U.S. Code, title 26, sections 1040 to 1064 and 1383 to 1391 (appendix, p. 969). For provisions of the Narcotic Drugs Import and Export Act, see U.S. Code,

title 21, sections 171 to 185 (appendix, p. 957).

541. Druggist wrongfully putting up or compounding medicines.—Every apothecary, druggist, or person carrying on business

as a dealer in drugs or medicines, or person employed as clerk or salesman by such person, who, in putting up any drugs or medicines,

or making up any prescription, or filling any order for drugs or medicines

a. Willfull}^ negligently or ignorantly omits to label the same;

b. Puts an untrue label, stamp, or other designation of contents upon any box, bottle, or other package containing any drugs or medicines
T. 5, § 542] THE CRIMINAL CODE

c. Substitutes a different article for any article prescribed or ordered

d. Puts up a greater or less quantity of any article than that

prescribed or ordered; or

e. Otherwise deviates from the terms of the prescription or order

which he undertakes to follow

In consequence of which human life or health is endangered, is guilty of a misdemeanor, or if death ensues, is guilty of manslaughter.

Ceoss-Refeeence

False weights and measures, see sections 711 to 716 of this title. 542. Adulterating or selling adulterated food or drugs.—Every

person who:

a. Adulterates or dilutes any articles of food, drink, drug, medicine, spirituous or malt liquor, or wine, or any article useful in com- pounding them, with a fraudulent- intent to offer the same or cause or permit it to be offered for sale as unadulterated or undiluted ; or

b. Fraudulently sells, or keeps or offers for sale the same as unadulterated or undiluted

Is guilty of a misdemeanor.

543. Adulterating or selling adulterated candy.—Every person

who:

a. Adulterates candy by using in its manufacture terra alba or any other deleterious substance; or

b. Sells or keeps for sale any candy adulterated with terra alba

or any other deleterious substance, knowing the same to be

adulterated

Is guilty of a misdemeanor.

544. Selling or offering unwholesome food or medicine.—Every

person who knowingly sells, or keeps or offers for sale, or otherw-ise

disposes of any article of food, drink, drug, or medicine, knowing

that the same has become tainted, decayed, spoiled or otherwise

unwholesome or unfit to be eaten or drunk, with intent to permit the same to be eaten or drunk, is guilty of a misdemeanor.

ARTICLE 6.—PUBLIC NUISANCES

Sec.

I Sec. 551. Public nuisance defined. I 552. Maintaining nuisance a misdemeanor. 551. Public nuisance defined.—Anything which is injurious to health or is indecent, or offensive to the senses, or an obstruction to the fi'ee use of property, so as to interfere with the comfortable en- joyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully

obstructs the free passage or use in the customary manner of any

navigable lake or river, bay, stream, canal or basin, or any public

park, square, street or highway, is a public nuisance.

Ceoss-Referencb

See also title 3, sections 2801 to 2821.

686
THE CRIMINAL CODE [T. 5, § 564 552. Maintaining nuisance a misdemeanor.—Every person who

maintains or commits an}^ public nuisance, the punishment for

which is not otherwise prescribed, or who willfully omits to perform

any legal duty relating to the removal of a public nuisance, is guilty

of a misdemeanor.

ARTICLE 7.—CRIMES IN RELATION TO ANIMALS

Sec. 561. Killing of person by vicious animal.

562. Injury to human being by vicious animal.

563. Offenses by owners of diseased ani- mals, in general.

564. Sale of animal having contagious or

infectious disease.

Sec. 565. Destruction of animals having con- tagious or infectious disease. 566. Bringing in animals and violating quarantine.

567. Receiving or transporting animal in violation of quarantine.

561. Killing of person by vicious animal.—If the owner of a ferocious, vicious or mischievous animal, knowing its propensities,

willfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large, or while not kept with ordinary

care, kills any human being who has taken all the precautions which

the circumstances permitted, or which a reasonable person would

ordinarily take in the same situation, such owner is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 74 [270], 47 Stat. 871.)

Cbo8s-Re:febence8 Keeping and impounding of domestic animals, see title 2, sections 201 and

202.Cruelty to animals, see section 810 of this title.

562. Injury to human being by vicious animal.—^If the owner

of a ferocious, vicious or mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary

care, and such animal, while so at large, or while not kept with ordinary care, attacks, bites or maims any human being who has taken

all the precautions which the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, such owner is punishable by imprisonment in jail for not more than one

year, or bv a fine of not more than $500, or by both. (Feb. 21, 1933,

ch. 109, sec. 75 [270a], 47 Stat. 871.)

563. Offenses by owners of diseased animals, in general.—Every

person owning or having the custody of any cattle, horses, mules or

asses infected with a contagious disease, who

a. Fails to report the same immediately to the health authorities

b. Conceals the existence of such disease or attempts so to do;

c. Willfully obstructs or resists the health authorities in the dis- charge of their duty as provided by law ; or

d. Sells, gives away or uses the meat or milk, or removes the skin

or any part of the animal

Is punishable by a fine of not more than $300, or by imprisonment

in jail for not more than one year, or by both.

564. Sale of animal having contagious or infectious disease.—

Any person who shall knowingly sell, offer for sale, or use, or expose, or who shall cause or procure to be sold or offered for sale or used, or exposed, any horse, mule or other animal having the dis- 687
T. 5, § 565] THE CRIMINAL CODE

ease known as glanders, or any other contagious or infectious disease,

shall be guilty of a misdemeanor.

565. Destruction of animals having contagious or infectious

disease.—Every animal having glanders or any other contagious or

infectious disease shall at once be deprived of life by the owner or person having charge thereof, upon discovery or knowledge of its condition; and any such owner or person omitting or refusing to comply with the provisions of this section shall be guilty of a misdemeanor.

566. Bringing in animals and violating quarantine.—Every per- son who brings into the Canal Zone any cattle, horses, mules or asses, after the Governor has made proclamation holding such animals in

quarantine, for the purpose of inspection for contagious or infectious

diseases, and who:

a. Allows the same or any of them to leave the place of their first arrival in the Canal Zone before they have been examined by the

health department and a certificate has been obtained therefrom that

such animals are free from disease ; or

b. Permits any such animals to run at large or to be removed or

to escape before such certificate has been received

Is punishable by a fine of not more than $500. (Feb. 21, 1933,

ch. 109, sec. 76 [276], 47 Stat. 871.)

567. Receiving or transporting animal in violation of quarantine.—Every person who, after the publication of such proclamation, knowingly receives or transports within the limits of the Canal

Zone any animal mentioned in the next preceding section before the

certificate mentioned therein has been given, is punishable by a fine of not more than $2 000. ARTICLE 8.—CRIMES IN RELATION TO FIRES

Rec. 571. Setting on Are grasses or shrubbery.

Sec. 572. Resistance to fireman extinguisliing

fire in building. 571. Setting on fire grasses or shrubbery.—Every person who

willfully or negligently sets on fire, or causes or procures to be set on

fire, any grasses or shrubbery on any lands, is guilty of a misdemeanor.

Cross-Reference

Arson, see sections G41 to 644 of this title. 572. Resistance to fireman extinguishing fire in building.—

Every person who, at the burning of a building, disobeys the lawful

orders of any public officer or fireman, or offers any resistance to or

interference with the lawful efforts of any fireman or company of

firemen to extinguish the same, or engages in any disorderly conduct

calculated to prevent the same from being extinguished, or who forbids, prevents or dissuades others from assisting to extinguish the

same, is guilty of a misdemeanor.

Cross-Refeirencb

Interference with fire hose, water mains, fire hydrants, etc., see section 836

of this title. 688
THE CRIMINAL CODE [T. 5, § 595 CHAPTER 12.—CRIMES AGAINST THE PUBLIC PEACE

Sec. 591. President may make rules and regulations. 592. Violation of such regulations. 593. Disturbance of religious or other

meetings.

594. Riot defined. 595. Punishment of riot. 596. Rout defined. 597. Unlawful assembly defined. 598. Punishment of rout or unlawful as- sembly.

599. Remaining at place of riot, rout or unlawful assembly.

600. Public or police officer neglecting to disperse rioters. 601. Refusal to disperse upon lawful com- mand.

Sec. G02. Disturbing the peace. 603. Vagrants, beggars, loiters and intoxi- cated persons ; disorderly conduct

breach of peace.

604. Drawing deadly weapon in threaten- ing manner.

605. Forcibly entering upon or detaining

real property.

606. Prize fighting prohibited ; authority to regulate boxing exhibitions.

607. Spectators at prize fights. 608. Cocic fights, dog fights and bull fights prohibited. 609. Registration of guests in hotel, boarding or lodging house.

Section 591. President may make rules and regulations.—It shall be unlawful to commit any breach of the peace or engage in or permit any disorderly conduct in the Canal Zone. The President is authorized to enforce this provision by making rules and regulations

to assert and exercise the police power in the Canal Zone, or for

any portion or division thereof, and he may amend or change any

such regulation. (Aug. 21, 1916, ch. 371, sec. 4, 39 Stat. 528 [U.S.

Code, title 48, sec. 1313].)

Ceoss-Res'erbnoes Carrying and keeping of arms, see sections 871 to 876 of this title. Disorderly conduct or breach of peace, see also sections 002 and 603

this title. Security to keep the peace, see title 6, sections 41 to 53.

of

592. Violation of such regulations.—Any person who violates

any of the police regulations authorized under the next preceding

section, shall be punished by a fine of not more than $25, or by

imprisonment in jail for not more than thirty days, or by both such

fine and imprisonment. (Aug. 21, 1916, ch. 371, sec. 5, 39 Stat. 528

[U.S. Code, title 48, sec. 1314].)

593. Disturbance of religious or other meetings.—Every person

who:

a. Willfully disturbs or disquiets any assemblage of people met

for religious worship, or any other purpose not unlawful in character, by noise, profane discourse, rude or indecent behavior, or by

any unnecessary noise, either within the place where the meeting

is held or so near as to disturb the order and solemnity of the

meeting; or

b. Without authority of law, willfully disturbs or breaks up any

assembly or meeting not unlawful in its character;

Is guilty of a misdemeanor.

594. Riot defined.—Any use of force or violence disturbing the

public peace, or any threat to use such force or violence, if accompanied by immediate power of execution by two or more persons

acting together, and without authority of law, is a riot. 595. Punishment of riot.—Every person who participates in any

riot is punishable b}^ imprisonment in the penitentiary for not more
T. 5, § 596] THE CRIMINAL CODE

than two years, or by a fine of not more than $2,000, or by both.

(Feb. 21, 1933, ch. 109, sec. 78 [282], 47 Stat. 871.)

596. Rout defined.—Whenever two or more persons, assembled

and acting together, make any atttempt or advance toward the commission of an act which would be a riot if actually committed, such

assembly is a rout. (Feb. 21, 1933, ch. 109, sec. 79 [283], 47 Stat. 871.)

597. Unlawful assembly defined.—Whenever two or more per- sons assemble together to do an unlawful act and separate without

dlDing or advancing toward it, or do a lawful act in violent, boisterous or tumultuous manner, such assembly is an unlawful assembly.

598. Punishment of rout or unlawful assembly.—Every person

who participates in anv rout or unlawful assembly is guilty of a misdemeanor. (Feb. 21, 1933, ch. 109, sec. 80 [285], 47 Stat. 872.)

599. Remaining at place of riot, rout or unlawful assembly.—

Every person remaining present at the place of any riot, rout or unlawful assembly, after the same has been lawfully warned to dis- perse, except public officers and persons assisting them in attempting

to disperse the same, is guiltv of a misdemeanor. (Feb. 21, 1933,

ch. 109, sec. 81 [286], 47 Stat. '872.)

600. Public or police officer neglecting to disperse rioters.—If a public or police officer having notice of an unlawful or riotous

assembly, mentioned in this chapter, neglects to proceed to the place

of assembly or as near thereto as he can with safety, and to exercise

the authority with which he is invested for suppressing the same

and arresting the offenders, he is guilty of a misdemeanor.

601. Refusal to disperse upon lawful command.—If two or more

persons assemble for the purpose of disturbing the public peace or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending

are severally guilty of a misdemeanor.

602. Disturbing the peace.—Every person who:

a. Maliciously and willfully disturbs the peace or quiet of any

neighborhood or person by loud or unusual noise, or by tumultuous

or offensive conduct, or threatening, traducing, quarreling, challenging to fight or fighting ; or

b. Upon the public streets or highways, fires any gun or pistol, or uses any vulgar, profane or indecent language within the presenee

or hearing of women or children in a loud and boisterous manner

Is guilty of a misdemeanor.

603. Vagrants, beggars, loiterers and intoxicated persons; disorderly conduct; breach of peace.—Every vagrant or person found

within the Canal Zone without legitimate business or visible means

of support;

b. Every mendicant or habitual beggar found within the Canal

Zone;

c. Every person found within or loitering about any laborers'

'jamp, mess house, quarters or other Panama Canal buildmg, or any

railroad car or station or other building of the Panama Railroad

690
THE CRIMINAL CODE [T. 5, § 607 Company, or any dwelling or other building owned by any private

person, partnership or corporation, without due and proper authority

and permission so to be ; or peddling goods or merchandise about any

laborers' camp or mess house during hours when laborers are ordinarily employed at work, or in or about places where groups of men

are at work;

d. Every person found in any public place in such a state of in- toxication as to disturb others, or unable, by reason of his condition,

to care for his own safety or of the safety or others; and

e. Every person who shall, in the Canal Zone, engage in any kind

of disorderly conduct or breach or disturbance of the peace;

Shall be punished by a fine of not more than $25, or by imprisonment in jail for not more than thirty days, or by both. (Feb. 21,

1933, ch. 109, sec. 82 [293a], 47 Stat. 872.)

Cross-References

Intoxication as a defense to criminal charge, see section 58 of this title. Driving motor vehicle while intoxicated, see sections 512 and 513 of this title. Act of intoxicated phj'sician endangering life, see section 372 of this title. 604. Drawing deadly weapon in threatening manner.—Every

person who, not in necessary self-defense, in the presence of two or more persons, draws or exhibits any deadly weapon in a rude, angry

and threatening manner, is guilty of a misdemeanor.

CKOSa-REFEEENCE Carrying and keeping of arms, see sections 871 to 876 of this title. 605. Forcibly entering upon or detaining real property.—Every

person using or procuring, encouraging or assisting another to use any force or violence in entering upon or detaining any lands or other real property, public or private, except in the cases and in

the manner allowed by law, is guilty of a misdemeanor.

606. Prize fighting prohibited; authority to regulate boxing

exhibitions.—A person who:

a. Engages in, instigates, aids, encourages or does any act to further a fight commonly called a ring or prize fight

b. Engages in a public or private sparring exhibition, with or without gloves, within the Canal Zone

c. Sends or publishes a challenge or acceptance of a challenge for

such an exhibition or fight ; or

d. Trains or assists any person in training or preparing for such an exhibition or fight;

Shall be imprisoned in the penitentiary for not more than three

years, or be fined not more than $5,000, or both ; except that the provisions of this section shall not apply to voluntary boxing or spar- ring exhibitions conducted under rules and regulations to be promulgated by the President or by the Governor of the Panama Canal

by authority of the President. (Sept. 21, 1922, ch. 370, sec. 4 [288],

42 Stat. 1007.)

607. Spectators at prize fights.-r-Every person willfully present

as a spectator at any exhibition or fight prohibited by the next pre- ceding section is guilty of a misdemeanor. (Sept. 21, 1922, ch. 370,

sec. 5^289], 42 Stat. 1007.)

691
T. 5, § 608] THE CRIMINAL CODE

608. Cock fights, dog fights and bull fights prohibited.—Any

person who

a. Sets on foot, instigates, promotes or carries on any fight between

cocks or other birds, or any dog fight, bull fight, or fight between

other animals ; or

b. Does any act as assistant, umpire or principal in furtherance

of any fight between any such animals

Shall be punished by a fine of not more than $50, or by imprisonment in jail for not more than thirty da3^s, or by both. (July 2, 1932,

ch. 391, 47 Stat. 568.)

609. Registration of guests in hotel, boarding or lodging

house.—Every proprietor or manager of any hotel, boarding or lodging house in the Canal Zone shall keep a register of all guests,

which shall clearly show the name, nationality and date of arrival of

each guest, the place from whence he came and the date of his

departure and destination. Any proprietor or manager failing to keep such register, or any guest failing or refusing to give true information for entry in such register, shall be guilty of a misde- meanor.

Cross-Refekeince

Keeping an inn in disorderly manner, see section 456 of tliis title. CHAPTER 13.—CRIMES AGAINST THE REVENUE OF THE CANAL

ZONE

Sec. 021. 622.

G23.

G24.

" Public moneys " defined. Offenses by persons charged with re- ceipt and disbursement of public moneys.

Offenses by Canal and Railroad employees who collect or receive public moneys.

Officers neglecting to pay over public moneys.

Sec. G25. Failure to pay over fines and forfei- tures received. 626. Failure to give proper tax or license

receipts. 627. Possession of improper blank licenses or tax receipts.

Section 621. "Public moneys" defined.—The words "public

moneys," as used in sections 622 to 624 of this title, include all bonds,

evidences of indebtedness and moneys belonging to the United States,

the Government of the Canal Zone, the Panama Canal, or the Panama

liailroad Company, and all moneys, bonds and evidences of indebtedness received or held by Canal Zone or Panama Railroad officers or employees in their official capacity. (Feb. 21, 1933, ch, 109, sec. 84

[297], 47 Stat. 873.)

622. Offenses by persons charged with receipt and disbursement

of public moneys.—Any officer of the Government of the Canal

Zone and any person charged with the receipt, safekeeping, transfer

or disbursement of public moneys who either:

a. Without autliority of law appropriates the same or any portion

thereof to his own use or to the use of another;

b. Loans the same or any portion thereof, or makes a profit out

of, or uses the same for any purpose not authorized by law;

c. Fails to keep the same in his possession until disbursed or paid

out by authority of law;

d. Unlawfully deposits the same or any portion thereof in any

bank or with any banker or other person

682
THE CRIMIN/.L CODE [T. 5, § 623

e. Changes or converts any portion thereof from coin into currency,

or from currency into coin or other currency, without authority of

law;

f. Knowingly keeps any false account, or makes any false entry

or erasure in any account of or relating to the same

g. Fraudulently alters, falsifies, conceals, destroys or obliterates

any account, or documents relating thereto;

h. Willfully refuses or omits to pay over, on demand, any public

moneys in his hands, upon the presentation of a draft, order or warI'ant drawn upon such moneys by competent authority

i. Willfully omits to transfer the same when such transfer is re- quired by law; or

j. Willfully omits or refuses to pay over to any officer or person

authorized by law to receive the same, any money received by him

under any duty imposed by law so to pay over the same;

Is punishable by imprisonment in the penitentiary for not more

than ten j^ear^and is disqualified from holding any office in the

Canal Zone. "(T^b. 21, 1933, ch. 109, sec. 82a [294], 47 Stat. 872.)

623. Offenses by Canal and Railroad employees who collect or

receive public moneys.—Any employee of the United States, the

Panama Canal or the Panama Railroad Company, who collects or

I'eceives public monej^s, and who

a. Fails fully and promptly to account for any and all public

funds, fines, internal revenue stamps, licenses, receipts, books, documents, records, papers or any other form of public property

b. Is guilty of any extortion or willful oppression under color of

law;

c. Knowingly demands other or greater sums than are authorized

by law, or receives any fee, compensation or reward except as herein

provided for the performance of any duty

d. Willfully neglects to perform any of the duties enjoined upon

him by law;

e. Conspires or colludes with any person to defraud the public revenues

f. Makes opportunities for any person to defraud the public reve- nues;

g. Does or omits to do any act with intent to enable any other per- son to de%aud the public revenues

h. Negligently or designedly permits any violation of the law by

any person;

i. Makes or signs any false entry in any book, or makes or signs

any false certificate or return in any case where he is required by

law to make any entry, certificate or return

j. Having knowledge or information of the violation of any provision of the law respecting public revenues by any person, or of fraud

committed by any person against the public revenues, fails to report

such violation or fraud in writing to the designated authority;

k. Demands, accepts or attempts to collect, directly or indirectly,

as payment, gift or otherwise, any sum of money or other thing of

value for the c(j«npromise, adjustment or settlement of any charge

or complaint for any violation or alleged violation of the law respecting public revenues ; or

693
T. 5, § 624] THE CRIAIINAL CODE

1. Divulges or makes known to any person, in any manner whatsoever not provided by law, the accounts, condition of business affairs or manner of conducting the same of any person, association or cor- poration whose books, accounts and business operations may have

been investigated in the discharge of his duties

Shall be imprisoned in the penitentiary for not more than five years, or be fined not more than $2,000, or both, and shall be dis- missed from office. For the purpose of this section, all funds,

moneys and properties of the Panama Railroad Company shall be

deemed public funds. (Feb. 21, 1933, ch. 109, sec. 83 [295], 47 Stat.

872.)

624. Officers neglecting to pay over public moneys.—Every offi- cer charged with the receipt, safekeeping or disbursement of public

moneys, who neglects or fails to keep and pay over the same in the manner prescribed by law, is guilty of a felony,

625. Failure to pay over fines and forfeitures received.—Any

clerk, marshal or other officer who receives any fine or forfeiture or other moneys and who refuses or neglects to pay over the same ac- cording to law, and within thirty days after the receipt thereof, is punishable by imprisonment in jail for not more than six months,

or by a fine of not more than $500, or by both. (Feb. 21, 1933,

ch. 109, sec. 85 [298], 47 Stat. 873.)

626. Failure to give proper tax or license receipts.—Every per- son who:

a. Uses or gives any receipt, except that prescribed by law. as evidence of payment of any tax or license of any kind

b. Receives payment of such tax or license without delivering the

receipt prescribed by law; or

c. Inserts the name of more than one licensee therein

Is guilty of a misdemeanor.

627. Possession of improper blank licenses or tax receipts.—

Every person who has in his possession, with intent to circulate or sell, any blank licenses or tax receipts other than those furnished

by the proper authority, is guilty of a felony.

CHAPTER 14.—CRIMES AGAINST PROPERTY

Art. Sec.

1. Arson 641

2. Burglary and possession of bur- glarious instruments 651

3. Embezzlement 661

4. Extortion 681

5. False personation ; other frauds

in general 601

6. False weights and measures 711

7. Forgery and counterfeiting and

related offenses 721

Art.

8. Fraudulent insolvencies by cor- porations, and other frauds in

tlieir management

9. Larceny and rel.ited offenses

10. Malicious mi.schicf, in general

11. Malicious and other injuries to Panama Canal and other public or semi-public property

12. Offenses against the telegraph, telephone, or cable service

Sec.

751

771 801

821 851 ARTICLE 1.—ARSON

Sec. 641. Arson defined. 642. Various terms defined.Sec. 643. Degrees of arson.

644. I'unishment of arson. Section 641. Arson defined.—Arson is the willful and malicious

burning of a building with intent to destroy it. 109, sec. 88 [306], 47 Stat. 873.)

(Feb. 21, 1933, ch. 6M
THE CRIMINAL CODE [T. 5, § 653

Cross-ReferENCES Burning bridges, see section 823 of this title. Burning building or vessel not the subject of arson, see section 803 of this

title. Conspiracy to commit arson, overt act not necessary, see section 82 of this

title. Firing grass, see section 571 of this title. Fraudulent destruction of property insured, see section 705 of this title. Interference with firemen, see section 572 of this title. 642. Various terms defined.—As used in this article:

a. "Building" means and includes any house, edifice, structure,

vessel or other erection capable of affording shelter for human beings

or appurtenant to or connected with an erection so adapted.

b. " Burning " means the application of fire so as to take effect upon any part of the substance of the building. T'o constitute a burning it is not necessary that the building set on fire shall have been

destroyed.

c. " Inhabited building " means any building which has usually

been occupied by any person lodging therein at night.

d. " Nighttime " means the period between sunset and sunrise.

643. Degrees of arson.—Arson is divided into two degrees. Arson

in the first degree is the malicious burning in the nighttime of an

inhabited building in which there is at the time some human being.

All other kinds of arson are of the second degree.

644. Punishment of arson.—Arson is punishable by imprisonment

in the penitentiary as follows

a. Arson in the first degree, for not less than ten years ; and

b. Arson in the second degree, for not more than ten years. ARTICLE 2.—BURGLARY AND POSSESSION OF BURGLARIOUS

INSTRUMENTS

Sec. 654. Punishment for burglary.

G55. Possessing or making burglarious in- struments.

Sec. 651. Burglary defined. 652. Burglary in first degree ; burglary in second degree.

653. " Nighttime " defined. 651. Burglary defined.—Every person who enters any house,

room, apartment, tenement, shop, warehouse, store, barn, stable, out- house or other building, tent, vessel or car, with intent to commit

grand or petit larceny, or any felony, is guilty of burglary.

Cboss-Referenoes

Larceny, see sections 771 to 789 of this title. Robbery, see sections 291 to 294 of this title. Conspiracy to commit burglary, overt act not necessary, see section 82 of

this title. 652. Burglary in first degree; burglary in second degree.—

Every burglary committed in the nighttime is burglary in the first degree, and every burglary committed in the daytime is burglary in

the second degree.

653. " Nighttime " defined.—The word " nighttime " as used in this article means the period between sunset and sunrise.

695
T. 5, § 654] THE CRIMINAL CODE

654. Punishment for burglary.—Burglary in the first degree is punishable bj^ imprisonment in the penitentiary for not more than

fifteen years. Burglary in the second degree is punishable by

imprisonment in the penitentiary for not more than five years. 655. Possessing or making burglarious instruments.—Every

person who:

a. Has upon him or in his possession a picklock, crow, key, bit or other instrument or tool with intent feloniously to break or enter

into any building;

b. Knowingly makes or alters any key or other instrument above

named, so that the same will fit or open the lock of a building, without being requested so to do by some person having the right to open

the same ; or

c. Makes, alters or repairs any instrument or thing, knowing or having reason to believe that it is intended to be used in committing

a misdemeanor or felony;

Is guilty of a misdemeanor. Any of the structures mentioned in

section 651 of this title shall be deemed to be a building within the

meaning of this section.

ARTICLE 3.—EMBEZZLEMENT

Sec. 661. Embezzlement defined. 662. Embezzlement by officers or persons

generally.

663. Embezzlement by various classes of

fiduciaries. 664. Embezzlement by carriers or others.

665. Embezzlement by bailee or tenant.

666. Embezzlement by clerk, agent or serv- ant.

Sec. 667. Evidence of debt as subject of embezzlement.

668. Cla4m of title as defense.

669. Intent to restore property as defense.

670. Actual restoration as ground for miti- gation of punishment.

671. Punishment of embezElement.

661. Embezzlement defined.—Embezzlement is the fraudulent

appropriation of propert3^ by a person to whom it has been intrusjted.

CrOSS-ReFEREjNCES

Bringing embezzled property into Zone, see sections 56 and 788 of this title. Disposal of embezzled property which is recovered, see title 6, sections 82]

to 827. Informations for embezzlement, see title 6, section 20-4. Proof of embezzlement, see title 6, section 381. 662. Embezzlement by officers or persons generally.—Every offi- cer of the Government of the Canal Zone, or deputy, clerk or servant

of such officer, and every officer, director, trustee, clerk, servant,

attorney or agent of any association, society or corporation, public or

private, and every other person, who fraudulently appropriates to any use or purpose not in the due and lawful execution of his trust, any property which he has in his possession or under his control by

virtue of his trust, or secretes it with a fraudulent intent to apj^ropriate it to such use or purpose, is guilty of embezzlement. (Feb. 21. 1933, ch. 109, sec. 99 [359], 47 Stat. 876.)

663. Embezzlement by various classes of fiduciaries.—Every

trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, collector or person otherwise intrusted with

or having in his control property for the use of any other person

606
THE CRIMINAL CODE [T. 5, § 670 who fraudulently apjiropriates it to any use or purpose not in the

due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of

embezzlement.

664. Embezzlement by carriers or others.—Every carrier or other person having under his control personal property for the

purpose of transportation for hire, who fraudulently appropriates

it to any use or purpose inconsistent with the safe-keeping of the

property and its transportation according to his trust, is guilty of

embezzlement, whether he has broken the package in which the

property is contained or has otherwise separated the items thereof

or not. 665. Embezzlement by bailee or tenant.—Every person entrusted

with any property as bailee, tenant or lodger, or with any power of

attorney for the sale or transfer thereof, who fraudulently converts

the same or the proceeds thereof to his ow^n use or secretes it or them

with a fraudulent intent to convert to his own use, is guilty of

embezzlement.

666. Embezzlement by clerk, agent or servant.—Every clerk,

agent or servant of anj^ person wdio fraudulently appropriates to

his own use, or secretes with a fraudulent intent to appropriate to

his own use, a.nj property of another which has come into his control or care by virtue of his employment as such clerk, agent or servant,

is guilty of embezzlement.

667. Evidence of debt as subject of embezzlement.—Any evi- dence of debt, negotiable by delivery only, and actually executed,

may be the subject of embezzlement, whether it has been delivered

or issued as a valid instrument or not. Where the property embezzled is in evidence of debt or right of action, the sum due upon

it or evidenced to be paid by it shall be taken as its true value.

(Sept. 21, 1922, ch. 370, sec. 7 [368], 42 Stat. 1007.)

668. Claim of title as defense.—Upon any information for embezzlement, it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in

good faith, even though such claim is untenable. But this provision

does not excuse the unlawful retention of the property of another

to offset or pay demands held against him,

669. Intent to restore property as defense.—The fact that the

accused intended to restore the property embezzled is no ground of

defense or of mitigation of punishment, if it has not been restored

before a complaint has been laid before a magistrate or an information

has been filed in the district court charging the commission of the

offense. (Feb. 21, 1933, ch. 109, sec. 100 [366], 47 Stat. 876.)

670. Actual restoration as ground for mitigation of punishment.—Whenever, prior to any complaint laid before a magistrate

or an information filed in the district court, charging the commission of embezzlement, the person accused voluntarily and actually

restored or tendered restoration of the property alleged to have been

embezzled, or any part thereof, such fact is not a ground of defense,

93083—34 45 697
T.5, §671] THE CRIMINAL CODE

but it authorizes the court to mitigate punishment, in its discretion.

(Feb. 21, 1933, ch. 109, sec. 101 [367], 47 Stat. 876.)

671. Punishment of embezzlement.—Every person guilty of embezzlement is punishable in the manner prescribed for feloniously

stealing property of the value of that embezzled. (Sept. 21, 1922.

ch. 370, sec. 7 [368], 42 Stat. 1007.)

ARTICLE 4.—EXTORTION

Sec. 681. Extortion defined. 682. What threats may constitute extortion. 683. Punishment of extortion generally.

684. Punishment of extortion committed

under color of offlcial right. 685. Obtaining signature by means of

threats.

Sec. 686. Sending threatening letters with in- tent to extort money.

687. Attempts to extort money by verbal

threats. 688. Overcharges by agents of common

carriers.

681. Extortion defined.—Extortion is the obtaining of property

from another with his consent induced by a wrongful use of force or fear or under color of official right.

Cboss-Refeeences

Extortion by executive or ministerial officer, see section 9-i of this title. Extortion by judicial officer, see section 123 of tliis title. Offer to prevent publication of libel with intent to extort money, see secti( n

3G2 of this title. 682. What threats may constitute extortion.—Fear such as will

constitute extortion may be induced by a threat, either

a. To do an unlawful injury to the person or property of the individual threatened or to any relative of his or member of his family

b. To accuse him or any relative of his or member of his family

of any crime;

c. To expose or impute to him or them an}^ deformity or disgrace; or

d. To expose any secret affecting him or them.

683. Punishment of extortion generally.—Every person who extorts any money or other property from another, under circumstances

not amounting to robbery, by means of force, or any tlireat, such

as is mentioned in the next preceding section, is punishable by imprisonment in the penitentiary for not more than five years. 684. Punishment of extortion committed under color of official right.—Every person who commits any extortion under color of offi- cial right, in cases for which a different punishment is not piescribetl

in this title, is guilty of a misdemeanor.

CIross-References

Extortion by executive or ministerial officers, see section 94 of this title. Extortion by judicial officer, see section 123 of this title. 685. Obtaining signature by means of threats.—Every person

who, by any extortionate means, obtains from another his signature

to any paper or instrument, whereby, if such signature were freely

given, any property would be transferred, or any debt, demand,

charge or right of action created, is punishable in the same manner

698
THE CRIMINAL CODE [T. 5, § m'l

as if the actual delivery of property of the value or amount of such

debt, demand, charge or right of action were obtained,

686. Sending threatening letters with intent to extort money.—

Every person who, with intent to extort any money or other property

from another, sends or delivers to any person any letter or other

writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in section G82 of

this title, is punishable in the same manner as if such money or

propert}^ were actually obtained by means of the threat.

687. Attempts to extort money by verbal threats.—Every per- son who unsuccessfully attempts, by means of any verbal threat,

such as is specified in section G82 of this title, to extort money or other property from another, is guilty of a misdemeanor.

688. Overcharges by agents of common carriers.—Every officer,

agent or employee of a railroad company or other common carrier,

who asks or receives a greater sum than is allowed by law for the

carriage of passengers or freight, is guilty of a misdemeanor.

ARTICLE 5—FALSE PERSONATION ; OTHER FRAUDS IN GENERAL

Sec 691 Personating anotber and incurrins

liability. 692. Marrying under false personation.

69o. Receiving money or property in a

false character.

694. Fraudulent conveyances.

695. Obtaining money or property by false pretenses. 696. Selling property twice. 697. Removal, sale or further incumbrance

of mortgaged personal property.

698. Married person selling lands under

false representations.

Sec. 699. False or fraudulent sale of property ; niocli auctions.

700. False statements by commission merchants or factors. 701. Defrauding inns or boarding houses.

702. Defrauding pledgees. 703. Frauds practiced to affect market

price of property.

704. Fraud in affairs of partnership.

705. Injury to or destruction of insured

property.

706. Misrepresentation of newspaper cir- culation. 691. Personating another and incurring liability.—Every person

who falsely personates another and in such assumed character

either

a. Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or surety

b. Verifies, publishes, acknowledges or proves, in the name of

another person, any written instrument, with intent that the same may be recorded, delivered and used as true; or

c. Does any other act whereby, if it were done by the person falselr personated, he might in any event become liable to any suit or

prosecution, or to pay any sum of money, or to incur any charge,

forfeiture or penalty, or whereby any benefit might accrue to the

party personating, or to any other person;

Is punishable by imprisonment in jail for not more than two years

or by a fine of not more than $5,000,

Ckoss-Refekences

Conspiracy to cheat and defraud, see section 81 of this title. Proof of intent to defraud, see title 6, section 375. 692. Marrying under false personation.—Every person who

falsely personates another, and in such assumed character marries or pretends to marrj?^, or to sustain the marriage relation towards

609
T. 5, §693] THE CRIMINAL CODE

another, with or without the connivance of another, is guilty of a felony.

693. Receiving- money or property in a false character.—Every

person who falsely personates another, and in such assumed character

receives any mone}^ or property, knowing that it is intended to be

delivered to the individual so personated, with intent to convert the same to his own use, or to that of another person, or to deprive the

true owner thereof, is punishable in the same manner and to the same extent as for larceny of property so received.

694. Fraudulent conveyances.—Every person who

a. Is a party to any fraudulent conveyance of any property, real or personal, or any right or interest issuing out of the same, or to any

bond, suit, judgment or execution, contract or conveyance, had, made

or contrived with intent to deceive and defraud others or to defeat,

hinder or delay creditors or others of their just debts, damages or demands; or

b. Being a ]3arty as aforesaid, at any time wittingly and willingly

puts in, uses, avows, maintains, justifies or defends the same or any

of them as true and don.e, had or made in good faith or upon good

consideration, or aliens, assigns or sells any of the property, real or

personal, or other things before mentioned, to him or them conveyed

as aforesaid, or any part thereof;

Is guilty of a misdemeanor.

695. Obtaining- money or property by false pretenses.—Every

person who

a. Knowingly and designedly by false or fraudulent representation or pretenses defrauds any other person of money or property ; or

b. Causes or procures others to report falsely of his wealth or mercantile character and by thus imposing upon any person obtains

credit and thereby fraudulently gets into possession of money or property

Is punishable in the same manner and to the same extent as for

larceny of the money or property so obtained.

Cuoss-Reference

Proof of obtaiiiiim monov or propcrtv l>v false pretenses, see title G, section

379.696. Selling- property twice.—Every person who, after once sell- ing, bartering or disposing of any property, real or ])ersonal, or any

interest therein, or after executing any bond or agreement for the

sale of any of such propert}', again willfully and with intent to defraud previous or subseijuent })urchasers, sells, barters or disposes of

the same propei-ty, or any ])art thereof or interest therein, or willfully

and with intent to defaud previous or subsequent purchasers, exe- cutes any bond or agreement to sell, barter or dispose of the same

property, or any part thereof or interest thei-ein, to any other person

for a valuable consideration, is punishable by imi)risonment in the

penitentiai-v for not nu)re than ten years. (Feb. 21, l'.>33, ch. 109,

sec. 101a [38a], 47 Stat. 877.)

697. Removal, sale or further incumbrance of mortgaged personal property.—Every person who after mortgaging any personal

700
THE CRIMINAL CODE [T. fj, § 701

property, during the existence of such mortgage and with intent to defraud the mortgagee, his representative or assigns

a. Takes, drives, carries away or otherwise removes or permits the

taking, driving or carrying away or other removal of the mortgaged

property or any part"^ thereof from the Canal Zone, without the

written consent of the mortgagee ; or

b. Sells, transfers or in any manner further incumbers the mortgaged property, or any part thereof, or causes the same to be sold,

transferred or further incumbered, unless at or before the time of

making the sale, transfer or incumbrance, the mortgagor informs

the person to whom the sale, transfer or incumbrance is made, of

the existence of the prior mortgage, and also informs the prior

mortgagee of the intended sale, transfer or incumbrance, in writing,

by giving the name and place of residence of the party to whom the

sale, transfer or incumbrance is to be made

Is guilty of larceny and is punishable accordingly, (Feb. 21, 193S

c. 109, sec. 102a [389a], 47 Stat. 877.)

698. Married person selling lands under false representations.—

Every married person who falsely and fraudulently represents himself or herself as competent to sell or mortgage any real estate, to the validity of Avhich sale or mortgage the assent or concurrence of

his wife or her husband is necessary, and under such representations

willfully conveys or mortgages the same, is guilty of a felony.

699. False or fraudulent sale of property; mock auctions.—

Every person who obtains any money or property from another, or

obtains the signature of another to any written instrument, the false making of which would be forgery, by means of any false or fraudulent sale of property or pretended property, by auction, or by any

of the practices known as mock auctions, is punishable by imprisonment in the penitentiary for not more than three years, or by a fine of not more than $1,000, or by both.

700. False statements by commission merchants or factors.—

Every commission merchant, broker, agent, factor or consignee, Avho

sliairwillfully and corruptly make, or cause to be made, to the principal or consignor of such commission merchant, agent, broker, factor or consignee, a false statement concerning the price obtained for or

the quality or quantity of any property consigned or intrusted to such commission merchant, agent, broker, factor or consignee, for

sale, shall be ]Dunished by imprisonment in jail for not more than

six months, or by a fine of not more than $500, or by both. (Feb. 21,

1933, ch. 109, sec. 102 [386], 47 Stat. 877.)

701. Defrauding inns or boarding houses.—Any person who obtains any food or acconnnodation at an inn or boarding house without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at an inn or boarding house by

the use of any false pretense, or who, after obtaining credit or accom- modation at any inn or boarding house, absconds or surreptitiously removes his baggage therefrom without paying for his food or accommodation, is guilty of a misdemeanor.

701
^. 5, § 702] THE CRIMINAL CODE

702. Defrauding pledgees.—Every person who, after pledging as security any real or personal property whatever for a loan or other

security, during the existence of the pledge, with intent to defraud

the pledgee, his representatives or assigns, transfers, sells, takes,

drives or carries away or otherwise disposes of the property, or any

part thereof, without the written consent of the pledgee, is guilty

of larceny, and shall be punished accordingly.

703. Frauds practiced to affect market price of property.—

Every person who willfully makes or publishes any false statement,

spreads any false rumor, or emplo5^s any other false or fraudulent means or device, with intent to affect the market price of any kind

of property, is guilty of a misdemeanor.

704. Fraud in affairs of partnership.—Every member of a partnership who commits any fraud upon the other members in the

affairs of the partnership, is punishable by imprisonment in the penitentiarv for not more than one year. (Feb. 21, 1933, ch. 109, sec. G5

[243], 47 Stat. 869.)

Ceoss-Reterencb

Obligation of partners to act in good faith, see title 3, section 1732.

705. Injury to or destruction of insured property.—Every per- son who willfully burns or in any other manner injures or destroys

any jDroperty which is at the time insured against loss or damage by

fire, or by any other casualty, with intent to defraud or prejudice the

insurer, whether the same be the property of or in the possession of

such person, or of any other, is punishable by imprisonment in the

penitentiary for not more than ten years. (Feb. 21, 1933, ch. 109,

sec. 102b [390], 47 Stat. 877.)

706. Misrepresentation of newspaper circulation.—Every proprietor or publisher of anj^ newspaper or periodical who willfully

and knowingly misrepresents the circulation of such newspaper or

periodical for the purpose of securing advertising or other patronage, shall be guilty of a misdemeanor.

ARTICLE 6.—FALSE WEIGHTS AND MEASURES

Sec. 715. Short weight or measure in selliiif; merchandise.

716. Padding weight or measurement of goods in containers or packages.

Sec. 711. False weight or measure defined. 712. Using false weights or measures.

713. Marking false weight or measure on

casks or packages.

714. Short weight in sale of commodities

by ton. 711. False weight or measure defined.—A false weight or measure is one which does not conform to the standard established by

law. CROSS-REFmJENCB

False labels, adulterations, etc., see sections 541 to 543 of this title.

712. Using false weights or measures.—Every person who uses any weight or measure, knowing it to be false, by which use another

is defrauded or otherwise injured, is guilty of a misdemeanor.

702
THE CRIMINAL CODE [T. 5, § 721

713. Marking false weight or measure on casks or packages.—

Every person who knowingly marks or stamps false or short Aveifrht or measure, or false tare, on any cask or package, or knowingly sells or offers for sale any cask or package so marked, is guilty of a misdemeanor.

714. Short weight in sale of commodities by ton.—In all sales of sugar, coal, and other commodities usually sold by the ton or fractional parts thereof, the seller must give to the purchaser full weight,

and any person violating this section shall be punished as for a misdemeanor.

715. Short weight or measure in selling merchandise.—In all sales of merchandise, wares, articles of food, or drink or whatever

else is purchased by weight or measure, the seller must give to the

purchaser full Aveight or measure, and any person violating this

section shall be punished as for a misdemeanor.

716. Padding weight or measurement of goods in containers or packages.—Any person who places in bales, bags, boxes, barrels or

other packages of sugar, tobacco, coffee, rice or other goods usually

sold in bales, bags, boxes, barrels or other packages, by weight or otherwise, and conceals therein anything whatever for the purpose

of increasing the weight or measurement of such bales, bags, boxes,

barrels or other packages, with intent thereby to sell the goods

therein, or to enable another to sell the same for an increased weight

or measurement, is guilty of a misdemeanor. (Feb. 21, 1933, ch. 109,

sec. 72 [258], 47 Stat. 871.)

ARTICLE 7. -FORGERY AND COUNTERFEITING AND RELATED

OFFENSES

Sec. 721. Forging, altering or counterfeiting instrument or record ; uttering false instrument.

722. Making false entries in records or

returns.

723. Forgery of public or corporate seals. 724. Punishment of forgery.

725. Forging telegraph or telephone message. 726. Possessing or receiving false or unfin- ished promissory note or bill. 727. Making, possessing or uttering ficti- tious bill, note or check.

728. Drawing or uttering bank check with

intent to defraud.

729. Counterfeiting or uttering of counterfeited coin or bullion. 730. Punishment of counte-feiting.

731. Possessing or receiving counterfeit

coin or bullion. 732. Forging or counterfeiting government

securities or obligations. 721. Forging, altering or counterfeiting instrument or record;

uttering false instrument.—Every person who:

a. With intent to defraud another, falsely makes, alters, forges or

counterfeits any charter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank

bill or note, post note, check, draft, bill of exchange, contract, promissory note, due bill for the payment of money or property, receipt

for money or property, passage ticket, power of attorney, or any

Sec. 733. Uttering forged or counterfeit govern- ment securities or obligations. 734. Making or counterfeiting bank note

or bill. 735. Uttering or passing false bank note or

bill. 736. Possessing false securities, bank notes

or bills. 737. Making or posessing counterfeit dies or plates. 738. Possessing, using or importing plates

for printing government or cor- porate securities. 739. Counterfeiting railroad tickets or

tickets of other common carrier. 740. Restoring canceled railroad tickets. 741. Altering clubhouse, commissary or restaurant checks or coupons.

742. Issuing instruments to circulate as money.

703
T. 5, § 722] THE CRIMINAL CODE

certificate for any share, right or interest in the stock of any corporation or association, or any warrant or order for the payment of

money at the treasury, treasurer's order or warrant; or any request

for the payment of money or for the delivery of personal property

of any kind or of any instrument in writing, acquittance, release or discharge for any debt, account, suit, action, demand or other thing,

real or personal; or any transfer or assurance of money, certificate or share of stock, personal property or other property whatever; or any letter of attorney or other power to receive money or to receive or transfer certificates of shares of stock or annuities or to let, lease,

dispose of, alien or convey any real or personal property; or any

acceptance or indorsement of any bill of exchange, promissory note,

draft, order or assignment of any bonds, writing obligatory, or promissory note for money or other property;

b. With intent to defraud another, counterfeits or forges the seal or handwriting of another;

c. Utters, publishes, passes or attempts to pass, as true and genuine,

any of the above named false, altered, forged or counterfeited matters, as above specified and described, knowing the same to be false,

altered, forged or counterfeited, with intent to prejudice, damage or defraud any person; or

d. With intent to defraud, alters, corrupts or falsifies any record

of any will, codicil, conveyance or other instrument, the record of

Avhich is by law evidence, or any record of any judgment of a court, or the return of any officer to any process of a court;

Is guilty of forgery.

Cross-Retbrences Forging or counterfeiting passport, see U.S. Code, title 22, section 222 (appendix, p. 963).

Forging public records and documents, see sections 131 to 133 of tliis title. Information for forgery, see title 6, section 202. Proof of forgery, see title 6, section 380.

722. Making false entries in records or returns.—Every person

who, with intent to defraud another, makes, forges or alters any

entry in any book of records, or any instrument purporting to be any

record or return specified in the uext preceding section, is guilty of

forgery.

723. Forgery of public or corporate seals.—Every person who,

with intent to defraud another:

a. Forges or counterfeits the seal of the Government of the Canal

Zone, the seal of any ]niblic officer authorized by law, the seal of any

court of record, or the seal of any corporation, or any other public

seal authorized or recognized by the laAvs of the Canal Zone, or of

any State, government or country;

b. Falsely makes, forges or counterfeits any impression purporting

to be an impression of any such seal; or

c. Has in his possession any such counterfeited seal, or impression thereof, knowing it to be counterfeited and willfully conceals

the same;

Is guilty of forgery.

704
THE CRIMINAL CODE [T. '), § 728

724. Punishment of forgery.—Forgery is punishable by imprisonment in the penitentiary for not more than fourteen j^ears. (Feb.

21, 1933, ch. 100, sec. 89 [324], 47 Stat. 873.)

725. Forging telegraph or telephone message.—Every person

who

a. Knowingly and willfully sends by telegraph or telephone to any

person a false or forged message purporting to be from a telegraph

or telephone office or from any other person

b. Willfully delivers or causes to be delivered to any person any

such message falsel}^ purpoi-ting to have been received by telegraph

or telephone ; or

c. Furnishes or conspires to furnish or causes to be furnished to any agent, operator or employee, to be sent by telegraph or telephone

or to be delivered, any such mes,sage, knowing the same to be false or forged, with the intent to deceive, injure or defraud another;

Is punishable by imprisonment in the penitentiary for not more

than five years, or in jail for not more than one year, or by a fine of not more than $5,000, or bv both such fine and imprisonment.

(Feb. 21, 1933, ch. 109, sec. 90 [325], 47 Stat. 873.)

726. Possessing or receiving false or unfinished promissory note

or bill.—Every person who:

a. Has in his possession or receives from another person any forged

promi.ssory note or bank bill, or bill for payment of money or property, with the intention to pass the same or to permit, cause or procure the same to be uttered or passed, with the intention to defraud

any person, knowing the same to be forged or counterfeited ; or

b. Has or keeps in his possession any blank or unfinished note or

bill made in the form or .similitude of any promissory note or bill for payment of money or property, made to be issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill, or to permit or cause or procure the same to be filled up and completed, in order to utter or pass the same, or to permit or cause or procure the same to be uttered or passed, or to defraud any person

Is punishable by a fine of not more than $1,000 or by imprisonment

in the penitentiary for not more than five years, or by both. (Feb.

21, 1933, ch. 109, sec. 91 [326], 47 Stat. 874.)

727. Making, possessing, or uttering fictitious bill, note or

check.—Every person who, with intent to defraud another, makes,

passes, utters or publishes, or attempts to pass, utter or publish, or who has in his possession, with like intent to utter, pa,ss or publish,

any fictitious bill, note or check, purporting to be the bill, note,

check or other instrument in writing for the payment of monev or

propertj^ of some bank, corporation, copartnership or individual,

when in fact there is no such bank, corporation, copartnership or individual in existence, knowing the bill, note, check or instrument

in writing to be fictitious, is punishable by imprisonment in the

penitentiary for not more than five years. (Feb. 21, 1933, ch. 109,

sec. 91a [327], 47 Stat. 874.)

728. Drawing or uttering bank check with intent to defraud.—

Every person who for himself or as the agent or representative of

706
T. 5, § 720] THE CRIMINAL CODE

another or as an officer of a corporation, willfully, with intent to defraud, makes, draws, utters or delivers to another person any

check or draft on a bank, banker or depositary for the payment of

money, knowing at the time of such making, drawing, uttering or

delivery, that he or his principal or the corporation of which he is an officer has not sufficient funds in, or credit with such bank, banker

or depositary, to meet such check or draft in full upon its presentation, is punishable by imprisonment in jail for not more than one

3^ear or in the penitentiary for not more than fourteen years. The

word " credit " as herein used shall be construed to be an arrangement or understanding with the bank or depositary for the payment

of such check or draft. (Feb. 21, 1933, ch. 109, sec. 92 [32Ta], 47

Stat. 874.)

729. Counterfeiting or uttering of counterfeited coin or bullion.—Every person who, with intent to defraud any person

a. Counterfeits any of the species of gold or silver coin current in the Canal Zone, or any kind or species of gold dust, gold or silver

bullion, or bars, lumps, pieces or nuggets

b. Sells, passes or gives in payment such counterfeit coin, dust,

bullion, bars, lumps, pieces or nuggets; or

c. Permits, causes or procures the same to be sold, uttered or passed

Is guilty of counterfeiting.

Cross-References For otlier provisions defining offenses against currency, coinage, etc., see U.S. Code, title 18, sections 261 et seq. (appendix, p. 907).

Using mails to dispose of counterfeit money, see U.S. Code, title 18, section 338 (appendix, p. 923).

Issuing or circulating paper money, see section 742 of this title. Counterfeiting Government seal, see U.S. Code, title 18, sections 130 to 133 (appendix, p. 906).

730. Punishment of counterfeiting.—Counterfeiting is punishable by imprisonment in the penitentiarv for not more than five years. (Feb. 21, 1933, ch. 109, sec. 92a [329], 47 Stat. 875.)

731. Possessing or receiving counterfeit coin or bullion.—Every

person who has in his possession, or receives from any other person,

any counterfeit gold or silver coin of the species current in the Canal

Zone, or any counterfeit gold dust, gold or silver bullion, or bars,

lumps, pieces or nuggets, with the intention to sell, utter, put otf or pass the same, or to permit, cause or procure the same to be sold,

littered or passed, with intention to defraud any person, knowing

the same to be counterfeit, is punishable by imprisonment in the

penitentiarv for not more than five years. (Feb. 21, 1933, ch. 109,

sec. 92b [330], 47 Stat. 875.)

Ceobs-Referencb See also U. S. Code, title 18, section 277 (appendix, p. 910).

732. Forging or counterfeiting government securities or obligations.—Every person who, within the Canal Zone and with intent to defraud

706
THE CRIMINAL CODE [T. 5, § 735

a. Falsely makes, alters, forges or counterfeits any bond, certifi- cate, obligation or other security in imitation of, or jDurporting to be an imitation of, any bond, certificate, obligation or other security

of the Government of the United States or any State or Territory

thereof, or any foreign government, issued or put forth under the

authority of the United States or any State or Territory thereof, or any foreign government; or any treasury note, bill or promise to pay issued by the Government of the United States or any State or Territory thereof or any foreign government, and intended to circulate as money either by law, order or decree of the Government of

the United States or any State or Territory thereof or any foreign

government; or

b. Causes or procures to be so falsely made, altered, forged or

counterfeited, or knowingly aids or assists in making, altering, forging or counterfeiting any such bond, certificate, obligation or other

security, or any such treasury note, bill or promise to pay, intended as aforesaid to circulate as money

Shall be punished by a fine of not more than $5,000 and by imprisonment in the penitentiary for not more than five years.

733. Uttering forged or counterfeit government securities or

obligations.—Every person who, knowingly and with intent to defraud, utters, passes or puts off, in payment or negotiation, within

the Canal Zone, any such false, forged, or counterfeit bond, certificate, obligation, security, treasury note, bill, or promise to pay,

as mentioned in the next preceding section, whether the same was

made, altered, forged or counterfeited within the Canal Zone or

not, shall be punished by a fine of not more than $3,000, and by imprisonment in the penitentiary for not more than three years. Ckoss-Reference

See also U.S. Code, title 18, section 265 (appendix, p. 90S).

734. Making or counterfeiting bank note or bill.—Every person

who, within the Canal Zone and with intent to defraud, falsely makes,

alters, forges or counterfeits, or causes or procures to be so made,

altered, forged or counterfeited, or knowingly aids and assists in

the false making, altering, forging or counterfeiting, of any bank

note or bill issued by a bank or other corporation of the United

States, State or Territory thereof, or any foreign country, and in- tended by the law or usage of the United States, State or Territory

thereof, or any foreign country, to circulate as money, such bank

or corporation being authorized by the laws of the United States,

State or Territory thereof, or such foreign country, shall be punished

by imprisonment in the penitentiary for not more than two years

and by a fine of not more than $2,000.

735. Uttering or passing false bank note or bill.—Every person

who shall, within the Canal Zone, utter, pass, put off, or tender

in payment, with intent to defraud, any such false, forged, altered, or counterfeit bank note or bill as mentioned in the next preceding

section, knowing the same to be so false, forged, altered or counterfeited, whether the same w^as made, altered, forged or counterfeited

within the Canal Zone or not, shall be punished by imprisonment in

707
T. 5, § 736] THE CRIMINAL CODE

the penitentiary for not more than one year and by a fine of not more than $1,000.

736. Possessing false securities, bank notes or bills.—Every per- son who, within the Canal Zone, shall

a. Have in his possession any such false, forged or counterfeited

bond, certificate, obligation, security, treasury note, bill, promise

to pay, bank note, or bill issued by a bank or other corporation of

the United States, State or Territory thereof, or any foreign country,

with intent to utter, pass or put off the same, or to deliver the same to any other person with intent that the same may thereafter

be uttered, passed or put off as true ; or

b. Knowingly deliver the same to any other person, with such

intent;

Shall upon conviction thereof be punished by a fine of not more

than $1,000, or by imprisonment in the penitentiary for not more

than five years, or by both. (Feb. 21. 1933, ch. 109, sec. 93 [336],

47 Stat. 875.)

737. Making or possessing counterfeit dies or plates.—Every

person who makes, or knowingly has in his possession, any die, plate, or any apparatus, paper, metal, machine or other thing whatever,

made use of in counterfeiting coins current in the Canal Zone, or

in counterfeiting gold dust, gold or silver bars, bullion, lumps, pieces or nuggets, or in counterfeiting bank notes or bills, is punishable

by imprisonment in the penitentiary for not more than five years;

and all such dies, plates, apparatus, paper, metal or machines in- tended for the purpose aforesaid must be destroyed.

Ckoss-Refekences

See, also, U.S. Code, title 18, sections 2G1 ct seq. (appendix, p. 1)07). 738. Possessing, using or importing plates for printing Government or corporate securities.—Every person who, within the Canal

Zone

a. Has control, custody or possession of any plate or any part

thereof from which has been printed or may be printed any counterfeit note, bond, obligation or other security, in whole or in part, of the

Government of the United States, State or Territorj^ thereof, or any

foreign country, bank or corporation, except by lawful authority;

b. Uses such plate or knowingly permits or suffers the same to be

used in counterfeiting the obligations aforesaid or any part thereof;

c. Engraves, or causes or procures to be engraved, or assists in engraving, any plate in the likeness or similitude of any plate designed for the printing of the genuine issue of the obligations aforesaid ; d. Prints, photographs or in any other manner makes, executes or

sells, or causes to be printed, photographed, made, executed or sold, or aids in printing, photographing, making, executing or selling any

engraving, photograph, print or impression in the likeness of any

genuine note, bond, obligation or other security, or any part thereof,

of the Government of the United States, State or Territory thereof, or any foreign country, bank or corporation ; or

708
THE CRIMINAL CODE [T. 5, § 712

e. Brings into the Canal Zone any counterfeit plate, engraving,

photograph, print or other impression of the notes, bonds, obligations or other securities of the United States, State or Territory

thereof, or an}^ foreign country, bank or corporation;

Shall be punished by imi^risonment in the penitentiary for not more than five years, or by a fine of not more than $5,000, or by botii. CEOSS-REFEliENCE

See, also, U.S. Code, title 18, sections 2G1 ot seq. (appendix, p. 907).

739. Counterfeiting railroad tickets or tickets of other common

carrier.—Every person who:

a. Counterfeits, forges or alters any ticket, check, order, coupon,

receipt for fare, or pass, issued by any railroad company or other

common carrier or by any lessee or manager thereof, designed to entitle the holder to ride in the cars of such company ; or

b. Utters, publishes or puts into circulation any such counterfeit or altered ticket, check or order, coupon, receipt for fare, or pass, with intent to defraud any such railroad company or other common

carrier or any lessee thereof, or any other person

Is punishable by imprisonment in the penitentiary, or in jail, for

not more than one year, or by a fine of not more than $1,000, or by

both such imprisonment and fine. 740. Restoring canceled railroad tickets.—Every person who:

a. For the purpose of restoring to its original appearance and

nominal value, in whole or in part, removes, conceals, fills up or

obliterates the cuts, marks, punch holes or other evidence of cancelation, from any ticket, check, order, coupon, receipt for fare or

pass, issued by any railroad company or any lessee or manager

(hereof, canceled in Avhole or in part, with intent to dispose of by

sale or gift, or to circulate the same, or with intent to defraud the

railroad company or lessees thereof; or

b. With like intent to defraud, offers for sale or in payment of fare on the railroad of the company, such ticket, check, order, coupon

or pass, knowing the same to have been so restored, in whole or in

part;

Is punishable by a fine of not more than $1,000, or by imprisonment

in jail for not more than six months, or by both, (Feb. 21, 1933,

ch. 109, sec. 94 [339], 47 Stat. 875.)

741. Altering clubhouse, commissary or restaurant checks or coupons.—Every person who, with intent to defraud, alters any clubhouse, commissary or restaurant check, ticket, coupon, or other evidence of a transaction with such clubhouse, commissary or restaurant,

is punishable by imprisonment in jail for not more than six months

or by a fine of not more than $1,000, or by both. (Feb. 21, 1933, ch. 109, sec. 94a [339a], 47 Stat. 875.)

742. Issuing instruments to circulate as money.—Every person

who makes, issues or puts in circulation any bill, check, ticket, certificate, promissory note, or the paper of any bank, to circulate as mone}^, except as authorized bv the laws of the United States or the

Canal Zone, is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 67

[245], 47 Stat. 869.) 709
T. 5, § 751] TEE CRIMINAL CODE

ARTICLE 8.—FRAUDULENT INSOLVENCIES BY CORPORATIONS, AND

OTHER FRAUDS IN THEIR MANAGEMENT

Sec. 751. " Director " deflned. 752. Frauds in subscriptions for stocli in corporations.

753. Frauds in procuring organization of corporation or increasing its capital. 754. Unauthorized use of name in pros- pectus or advertisement.

755. Misconduct of directors of stocls cor- porations.

756. Receiving deposits in insolvent banks.

757. Frauds in books, papers or securities of corporations.

758. False report or statement by director or officer.

Sec. 759.

760.

761.

762. 763.

764.

Refusal to permit inspection of books

by stockholders.

Oflicer contracting debt exceeding cor- poration's available means. Presumption of knowledge by director as to illegality of act. Presumption of concurrence in illegal act by director who is present. Presumption of assent by director ab- sent from meeting. No defense that corporation was for- eign corporation.

751. " Director " defined.—The term " director ", as used in this

article, embraces any of the persons having by law the direction or management of the affairs of a corporation, by whatever name such

persons are described in its charter or bylaws.

752. Frauds in subscriptions for stock in corporations.—Every

person who signs the name of a fictitious person to any subscription

for or agreement to take stock in any corporation existing or proposed, and every person who signs to any subscription or agreement

the name of any person, knowing that such person has not means or does not intend in good faith to comply with all the terms thereof, or under any understanding or agreement that the terms of such

subscription or agreement are not to be complied with or enforced,

is guilty of a misdemeanor.

753. Frauds in procuring organization of corporation or in- creasing its capital.—Every officer, agent or clerk of any corporation, or of any persons proposing to organize a corporation, or to in- crease the capital stock of any corporation, who knowingly exhibits

any false, forged or altered book, paper, voucher, security or other

instrument of evidence to any public officer or board authorized by

law to examine the organization of the corporation, to investigate

its affairs or to allow an increase of its capital, with intent to deceive

the officer or board in respect thereto, is punishable by imprisonment

in the penitentiary for not more than ten years. 754. Unauthorized use of name in prospectus or advertisement.—Every person who, without being authorized so to do, subscribes the name of another to or inserts the name of another in

any prospectus, circular or other advertisement or announcement of

any corporation or joint stock association existing or intended to be

formed, with intent to permit the same to be published and thereby

to lead persons to believe that the person whose name is so subscribed

is an officer, agent, member or promoter or such corporation or association, is guilty of a misdemeanor.

755. Misconduct of directors of stock corporations.—Every di- rector of any stock corporation who concurs, with intent to defraud

the stockholders or creditors of the corporation, in any vote or act of the directors of the corporation, or any of them, by wliich it is intended either:

710
TEE CRIMINAL CODE IT. 5, § 75'J

a. To nicake any dividend, except from the surplus profits arising

from the business of the corporation, and in the cases and manner

allowed by law;

b. To divide, withdraw or in any manner, except as provided by

hiw, pay to the stockholders or any of them any part of the capital

stock of the corporation

c. To discount or receive any note or other evidence of debt in payment of any installment actually called in and required to be paid, or with intent to provide the means of making such payment;

d. To receive or discount any note or other evidence of debt with

the intent to enable any stockholder to withdraw any part of the

money paid in by him, or his stock; or

e. To receive from any other stock corporation in exchange for

the shares, notes, bonds or other evidences of debt of their own cor- poration shares of the capital stock of such other corporation, or

notes, bonds or other evidences of debt issued by such other

corporation

Is guilty of a felony.

756. Receiving deposits in insolvent banks.—Every officer, agent,

teller or clerk of any bank, and every individual banker, or agent,

teller or clerk of any individual banker, who receives any deposits,

knowing that the bank, association or banker is insolvent, is guilty

of a felony.

757. Frauds in books, papers or securities of corporations.—

Every director, officer or agent of any corporation or joint stock

association who knowingly receives or possesses himself of any property of the corporation or association otherwise than in payment

of a just demand, and who, with intent to defraud, omits to make,

or to cause or direct to be made, a full and true entry thereof in

the books or accounts of the corporation or association, and every

director, officer, agent or member of any corporation or joint stock

association, who, with intent to defraud, destroys, alters, mutilates

or falsifies any of the books, papers, writings or securities belonging

to the corporation or association, or makes, or concurs in making,

any false entries, or omits, or concurs in omitting, to make any

material entry in any book of accounts or other record or document

kept by the corporation or association, is punishable by imprisonment in the penitentiary for not more than ten years or by a fine of

not more than $500, or by both. (Feb. 21, 1933, eh. 109, sec. 102c

[401], 47 Stat. 877.)

758. False report or statement by director or officer.—Every

director, officer or agent of any corporation or joint stock association who knowingly concurs in making, publishing or posting any

written report, exhibit or statement of its affairs or pecuniary condition, or book or notice containing any material statement which is false, or refuses to make any entry in any book or post any notice

required by law, other than such as are mentioned in this article,

is guilty of a felony.

759. Refusal to permit inspection of books by stockholders.—

Every officer or agent of any corporation, having or keeping an

711
T. 5, § 760] THE CRIMINAL CODE

office within the Canal Zone, who has in his custody or control any

book, paper or document of the corporation, and who refuses to give to a stockholder or member of the corporation, lawfully demanding, during office hours, to inspect or take a copy of the same,

or of any part thereof, a reasonable opportunity so to do, is guilty

of a felony.

760. Officer contracting debt exceeding corporation's available means.—Every officer, agent or stockholder of any railroad company, or other incorporated company, who knov\'ingly assents to, or has any agency in, contracting any debt by or on behalf of such company, unauthorized by law, the amount of which debt, with other

debts of the company, exceeds its available means for the payment

of its debts at the time such debt is contracted, including its hmia

fide and available stock subscriptions, and exclusive of its real estate,

is guilty of a misdemeanor; but the provisions of this section shall

not affect the validity of a debt created in violation of its provisions

as against the company.

761. Presumption of knowledge by director as to illegality of

act.—Every director of a corporation or joint stock association is deemed to possess sacli a knowledge of the atfairs of his corporation

as to enable him to determine whether any act, proceeding or omission of the directors is a violation of this article. 762. Presumption of concurrence in illegal act by director who

is present.—Every director of a corporation or joint stock association who is present at a meeting of the directors at which any act, proceeding or omission of such directors, in violation of this article occurs, is deemed to have concurred therein, unless he at the time

causes, or in writing requires, his dissent therefrom to be entered in the minutes of the directors.

763. Presumption of assent by director absent from meeting.—

Every director of a corporation or joint stock association, aitiiough

not present at a meeting of the directors at which any act, proceeding

or omission of sucli directors, in violation of this article occurs,

is deemed to have concurred therein, if the facts constituting such

violation appear on the records or minutes of the proceedings of

the board of directors, and he remains a director of the same com- pany for six months thereafter, and does not within that time cause

or in writing require his dissent from such illegal action to be entered

in the minutes of the meetings of the directors.

764. No defense that corporation was foreign corporation.—It

is no defense to a prosecution for a violation of the provisions of

this article that the corporation was one created by the laws of any

State, government or country, if it was one carrying on business or keeping an ollice therefor within the Canal Zone.

CuORS-ReFEREK CE Regulation of foreign coriiorations doing business iu the Canal Zone, iiee title 3, sections 221 to 230.

712
THE CRIMINAL CODE [T. 5, § 775 ARTICLE 9.—LARCENY AND RELATED OFFENSES

Sec. 771. Larceny defined.

772. Grand and petit larceny.

773. Grand larceny defined and puuisucd.

774. Petit larceny defined and punished.

775. Value of written instruments stolen. 776. Value of passsage tickets. 777. Written Instruments completed but

not delivered. 778. Severing and removing parts of realty. 779. Removal of improvements from mort- gaged real property.

T80. Larceny of lost property.

781. Neglect to notify owner of goods

saved from fire.

Sec.

7S1'. Stealing gas or electricity. 783. Stealing water.

784. Taking vehicle for temporary use or operation.

785. Unauthorized use of automobile by

custodian.

786. Buying or receiving stolen goods ; pre- sumptive evidence.

787. Unlawful purchase of military or naval property. 788 Brinjiing into Canal Zone, property

stolen or embezzled elsewhere.

789. Changing or defacing marks or brands on domestic animals.

771. Larceny defined.—Larceny is the felonious stealing, taking,

carrying, leading or driving away of the personal property of

another.

CB0SS-REFE31ENCES

Assault with intent to commit grand larceny, see section 311 of this title. Bringing into Canal Zone property stolen or embezzled elsewhere, see sections 56 and 788 of this title. Disposal of stolen property which is recovered, see title 6, sections azi to 827Embezzlement, see sections 661 to 671 of this title. Informations for larceny, see title 6, section 204. Proof of larceny, see title 6, section 381. Robbery, see sections 291 to 294 of this title. 772. Grand and petit larceny.—Larceny is divided into two degrees, the first of which is termed grand larceny ; the second, petit

larceny.

773. Grand larceny defined and punished.—Grand larceny is larceny committed in either of the following cases

a. When the property taken is of the value of $50 or more;

b. When the property is taken from the person of another; or

c. When the property taken is a horse, mare, gelding, cow, steer, bull, calf, mule, jack or jenny.

Grand larceny is punishable by imprisonment m the penitentiary

for not more than ten years. (Sept. 21, 1922, ch. 370, sec. 6 [342],

42 Stat. 1007.)

774. Petit larceny defined and punished.—Larceny in other cases

is petit larceny, and is punishable by imprisonment in jail for not more than thirty days or by a fine of not more than $100, or by both.

(Sept. 21, 1922, di. 370, sec. 8 [343], 42 Stat. 1007.)

775. Value of written instruments stolen.—If the thing stolen

consists of any evidence of debt or other Avritten instrument, the

amount of money due thereupon, or secured to be paid thereby, and

remaining unsatisfied, or which in any contingency might be col- lected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence

thereof, is the value of the thing stolen.

CR0SS-RE3^ERENCE3 Estimation of value of property in determining grade of offense generally, see section 10 of this title. 93083—34- -46 713
T. 5, § 776] THE CRIMINAL CODE

776. Value of passage tickets.—If the thincr stolen is any ticket or other paper or writing entitling or purporting to entitle the holder

or proprietor thereof to a jDassage upon any railroad or vessel or

other public conveyance, the price at which tickets entitling a person

to a like passage are usually sold by the proprietors of such con- veyance is the value of such ticket, paper or writing.

777. Written instruments completed but not delivered.—All the

provisions of this article apply where the property taken is an

instrument for the payment of money, evidence of debt, public

security or passage ticket, completed or ready to be issued or delivered, although the same has never been issued or delivered by

the makers thereof to any person as a purchaser or owner, or having

other interests therein.

778. Severing and removing parts of realty.—The provisions of

this article apply also where the thing taken is any fixture or part

of the realty and is severed at the time of the taking in the same manner as if the thing had been severed by another person at some

previous time.

779. Removal of improvements from mortgaged real property.—Every person who, after mortgaging any real property, and

during the existence of the mortgage, or after the mortgaged property has been sold under an order and decree of foreclosure, with

intent to defraud or injure the mortgagee or his representatives, successors or assigns, or the purchaser of the mortgaged premises at the foreclosure sale or his representatives or assigns, takes, removes

or carries away from, destroys or damages the mortgaged premises,

or otherwise disposes of or permits the taking, removing or carrying

away, or other disposition of, any house, barn or other property

affixed thereto as an improvement thereon, without the written consent of the mortgagee or his representatives, successors or assigns, or the purchaser at the foreclosure sale or his representatives or

assigns, is guilty of larceny and shall be punished accordingly.

780. Larceny of lost property.—One who finds lost property

under circumstances which give him knowledge of or means of

inquiry as to the true owner, and who appropriates such property

to his own use, or to the use of another person not entitled thereto,

without first making reasonable and just efforts to find the owner

and restore the property to him, is guilty of larceny, and shall be

punished accordingly.

781. Neglect to notify owner of goods saved from fire.—Every

person who saves from fire, or from a building endangered by fire, any property, and for two days thereafter corruptly neglects to notify the owner thereof, is punishable by imprisonment in the

penitentiary for not more than ten years. (Feb. 21, 1933, ch. 109,

sec. 98a [355], 47 Stat. 876.)

782. Stealing gas or electricity.—Every person who, with intent

to injure or defraud, makes or causes to be made any pipe, tube, wire

or other instrument, and connects the same or causes it to be con- nected with any main, service pipe or other pipe, wire or connection

714
THE CRIMINAL CODE [T. 5, § 780

used for supplying illuminating gas or electricity in such a manner

as to supply illuminating gas or electricity to any burner, orifice,

globe or other connection by or at which illuminating gas or elec- tricity is consumed, around or without passing through a meter

provided for measuring and registering the quantity consumed, or

in any other manner so as to evade the payment therefor, and every

person who with like intent obstructs its action, is guilty of a misdemeanor.

783. Stealing water.—Every person who, with intent to defraud

or injure:

a. Opens or causes to be opened or draws water from any stopcock or faucet by which the flow of water is controlled, after having

been notified that the same has been closed or shut for specific cause, by order of competent authority; or

b. Connects or causes to be connected, any pipe, tube or other

instrument, with any main, service or other pipe, conduit or flume,

for conducting water, for the purpose of taking water from such

main, service pipe, conduit or flume, without the knowledge of the owner thereof, and with intent to evade payment therefor;

Is guilty of a misdemeanor.

784. Taking vehicle for temporary use or operation.—Any per- son who shall, without the permission of the owner thereof, take any

automobile, bicycle, motorcycle or other vehicle, for the purpose of

temporarily using or operating the same, shall be punished by a fine of not more than $200, or by imprisonment in jail for not more than

three months, or by both. (Feb. 21, 1933, ch. 109, sec. 97 [354a],

47 Stat. 876.)

785. Unauthorized use of automobile by custodian.—Every

owner or manager of an automobile garage, or agent or employee of

such owner or manager, or any other person, having the care, cus- tody or possession of any automobile, who takes, hires, runs, drives or uses such automobile, or who takes or removes therefrom any part

thereof, without the owner's consent, is punishable by a fine of not more than $1,000, or by imprisonment in jail for not more than one

year, or by both. (Feb. 21, 1933, ch. 109, sec. 98 L354b], 47 Stat.

876.)

786. Buying or receiving stolen goods; presumptive evidence.—

Every person who for his own gain or to prevent the owner from

again possessing his property, buys or receives any personal property, knowmg the same to have been stolen, is punishable by imprisonment in the penitentiary lor not more than five years ; and it shall

be presumptive evidence that such property was stolen if it consists

of jewelry, silver or plated Avare, or articles of personal ornament,

purchased or received from a person under the age of eighteen, unless such property is sold by the minor at a fixed place of business

carried on by such minor or his employer.

Cross-Refetv^ncb Bringing into Canal Zone property feloniously received elsewhere, see section 7SS of this title.

715
T. 5, § 787] THE CRIMINAL CODE

787. Unlawful purchase of military or naval property.—^Vhoever shall purchase or receive in pledge from any person any arms, equipment, ammunition, clothing, military stores or other property

furnished by the United States, under a clothing allowance or otherwise, to any soldier, sailor, officer, cadet or midshipman in the military or naval service of the United States or of the National Guard

or Naval Militia, or to any person accompanying, serving or retained

with the land or naval forces and subject to military or naval law,

having knowledge or reason to believe that the property has been

taken from the possession of the United States or furnished by the

United States under such alloAvance, shall be fined not more than

$500, or be imprisoned for not more than two years, or both.

Note.—This section was derived from U.S. Code, title IS, section 86. 788. Bringing into Canal Zone, property stolen or embezzled

elsewhere.—Every person who, in any country or State of the

United States, embezzles or steals the property of another, or re- ceives such propertj^, knowing it to have been embezzled or stolen,

and brings the same into the Canal Zone, may be convicted and

punished in the same manner as if such embezzlement, larceny or

receiving had been committed in the Canal Zone. (Feb. 21, 1933,

ch. 109, sec. 96 [352], 47 Stat. 875.)

Cros.s-Refi':kence See also paragraph b of section 5G of this title. 789. Changing or defacing marks or brands on domestic animals.—Every person ayIio marks or brands, alters or defaces the

mark or brand of any horse, mare, colt, jack, mule, ox, steer, cow,

calf, sheep, goat, hog, shoat or pig belonging to another with intent

thereby to steal the same, or to prevent identification thereof by the

true owner, is punishable by imprisonment in the penitentiary for not more than five years. ARTICLE 10.—MALICIOUS MISCHIEF, IN GENERAL

Sec. 801. Malicious injury to property generally. 802. Malicious injury to real property.

803. Burning of building, vessel or stand- ing crop. 804. Leaving gate or guard of enclosure of another open.

SO.'i. Throwing down fence. 806. Malicious use of explosives endangering life.

Sec. 807. Destruction of written instrument be- longing to another.

808. Opening or publishing scaled letter.

80!). Poisoning animals.

810. Cruelty to animals.

811. Commissioning humane society ageni

to aid enforcement.

801. Malicious injury to property generally.—Every person who

maliciously injures or destroys any real or personal property not

his own, in cases otherwise than such as are specified in this title,

is guilty of a misdemeanor. The specification of the acts enumerated

in the following sections of this article is not intended to restrict or qualify the interpretation of this section. Cros.s-Referbnce

Malicious injuries to the Canal, fortifications, railroads or highways, see sections 821 to 846 of this title. 716
THE CRIMINAL CODE [T. 5, § 808

802. Malicious injury to real property.—Every person who will- fully commits any trespass by either

a. Cutting down, destroying or injuring any kind of wood or timber standing or growing upon the lands of another, or upon

public lands;

b. Carrying away any kind of wood or timber lying on such lands;

c. Maliciously injuring or destroying any standing crops, fruits or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this title; d. Digging, taking or carrying away from any lot situated within

the Canal Zone, without the license of the owner or legal occupant

thereof, any earth, soil or stone;

e. Digging, taking or carrying away from any land in the Canal

Zone, recognized or established as a street, alley, avenue or park,

without the license of the proper authorities, any earth, soil or

stone; or

f. Patting up, affixing, fastening, printing or painting upon any

property of any person, without license from the owner, any notice,

advertisement, or designation of, or any name for any commodity,

whether for sale or otherwise, or any picture, sign or device intended

to call attention thereto;

Is guilty of a misdemeanor. (Feb. 21, 1933, ch. 109, sec. 105 [426,

subs. 4, 5 and 6], 47 Stat. 878.)

803. Burning of building, vessel or standing crop.—Every per- son who willfully or maliciously burns any building or vessel, not

the subject of arson, or any growing or standing crop, not the {)roperty of such person, is punishable by imprisonment in the penitentiary for not more than ten years. 804. Leaving gate or guard of enclosure of another open.—

Every person passing through the gate or guard of an enclosure of

another and leaving the same open, is guilty of a misdemeanor and

punishable by a fine of not more than $25.

805. Throwing down fence.—Every person willfully or maliciously throwing down a fence to make passage through an enclosure

is guilty of a misdemeanor.

806. Malicious use of explosives endangering life.—Every per- son who maliciously, by the explosion of gunpowder or other explosive substance, destroys, throws down or injures the whole or any

part of any building, by means of which the life or safety of any

human being is endangered, is guilty of a felony.

807. Destruction of written instrument belonging to another.—

Every person who maliciously mutilates, tears, defaces, obliterates or destroys any written instrument, the property of another, the

false making of which would be forger}^, is punishable by imprisonment in the penitentiary for not more than five years. (Feb, 21. 1933, ch. 109, sec. 110 [438], 47 Stat. 879.) 808. Opening or publishing sealed letter.—Every person who

willfully and without being authorized to do so either by the "writer of the letter or the person to whom it is addressed

717
T. 5, § 809] THE CRIMINAL CODE

a. Opens or reads, or causes to be read, any sealed letter not addressed to himself; or

b. Publishes any of the contents of the letter, knowing the same to have been unlawfully opened

Is guilty of a misdemeanor.

809. Poisoning animals.—Every person who willfully administers any poison to an animal, the property of another, or maliciously

exposes any poisonous substance with the intent that the same shall be taken or swallowed by any such animal, is punishable by imprisonment in the penitentiary for not more than three years, or by a fine of not more than $500, or by both,

810. Cruelty to animals.—Every person who:

a. Shall overdrive, overload, torture, cruelly beat or unjustifiably

injure, maim, mutilate or kill or deprive of necessary food, drink or

shelter, or work when unfit for labor, any animal whether wild or tame and whether belonging to himself or to another ; or

b. Being the owner or possessor or having charge or custody of a maimed, diseased, disabled or infirm animal shall abandon it, or leave it to die in a street, road or other place

Is guilty of a misdemeanor. An}^ police officer may lawfully destroy or cause to be destroj^ed any animal found abandoned and not

properly cared for, appearing, in the judgment of two reputable

persons called by him to view the same in his presence, to be injured

or diseased past recovery for any useful purpose.

Cross-Rei^ekences

Promotion of bull fights, dog fights, etc., see section 608 of this title. Other crimes in relation to animals, see sections 561 to 567 of this title.

811. Commissioning humane society agent to aid enforcement.—Any duly appointed agent of a regularly organized humane

society in the Canal Zone, may be commissioned by the proper

authorities of the Canal Zone as a special police officer for the en- forcement of the provisions of the next preceding section and of any

other law, regulation or order in force in the Canal Zone for the

prevention of cruelty to animals, and when so commissioned shall be

vested for that purpose with all the authority of a member of the

police force.

718
THE CRIMINAL CODE [T. n, § S25 ARTICLE 11.—MALICIOUS AND OTHER INJURIES TO PANAMA CANAL

AND OTHER PUBLIC OR SEMI-PUBLIC PROPERTY

Seo. 835. Breaking or obstructing gas or water

pipes. 836. Iniuring water sy.stem or fire protection apparatus, etc. ; misusing or wasting water.

837. Taking water from or disturbing ir- rigation or otlier canals, etc.

8;;8. Injury to structures erected to create power or conduct or store water.

839. Altering or exhibiting light to endanger vessel. 840. Obstructing navigable streams.

841. Destroying or injuring jails.

84:.'. Defacing or destroying posted copies

of laws or notifications. S43. Placing signs on property of United

States or Panama Railroad.

844. Trespassing upon Government or Railroad reservations.

845. Posting signs warning against tres- passing upon reservation.

846. Destruction or removal of warning

signs.

Sec. 821. Injury to or obstruction of Canal or

locks. 822. Injury to bridge, viaduct or culvert. 823. Burning of bridge. 824. Throwing injurious substances on

highways.

825. Injuries to highway guideposts.

826. Injuries to railroads and railroad

bridges. 827. Taking packing or waste from railroad journal boxes. 828. Boarding train with intent to obtain

free ride. 829. Jumping on or off train in motion ; riding on roof or platform.

830. Riding on labor train without authority. 831. Injuring telegraph or telephone lines or apparatus.

832. Destroying boundary or subaqueous

cable markers.

833. Injury to or removal of boundary or survey monuments.

834. Injuries to monuments, works of art or trees. 821. Injury to or obstruction of Canal or locks.—Any person

who by any means or in any way injures or obstructs or attempts to injure or obstruct any part of the Panama Canal or the locks thereof

or the approaches thereto, shall be punished by imprisonment in the

penitentiary for not more than twenty years, or by a fine of not more than $10,000, or by both. (Aug. 21, 1916, ch. 371, sec. 10, 39

Stat. 529 [U.S. Code, title 48, sec. 1322].)

Cross-Re:febence3 Violation of this section causing death, see section 255 of this title. 822. Injury to bridge, viaduct or culvert.—Every person who

maliciously digs up, removes, displaces or otherwise injures or destroys any public bridge, viaduct or culvert, is punishable by

imprisonment in the penitentiary for not more than five years. Ceoss-Reifebencb Receiving compensation for use of bridge without authority, see section 531

of this title. 823. Burning of bridge.—Every person who willfully or maliciously burns any bridge exceeding $50 in value, not the property of

such person, is punishable by imprisonment in the penitentiary for

not more than ten years. 824. Throwing injurious substances on highways.—Any person

who throws or deposits any glass bottle, glass, nails, tacks, hoops,

wire, cans or any other substance likely to injure any person, animal

or vehicle upon any public highway in the Canal Zone shall be

guihy of a misdemeanor. (Feb. 21, 1933, ch. 109, sec. 103 [420a],

47 Stat. 878.)

825. Injuries to highway guideposts.—Every person who maliciously removes or injures any mile board, post or stone, or guidepost,

or any inscription thereon, erected upon any highway, is guilty of a misdemeanor.

710
T. 5, § 826] THE CRIMINAL CODE

826. Injuries to railroads and railroad bridges.—Every person

who maliciously, either:

a. Removes, displaces, injures or destroys any part of any railroad,

whether for steam or any other power, or any track of any railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any

part thereof, attached to or connected with any railroad ; or

b. Places any obstruction upon the rails or track of any railroad, or of any switch, branch, branchway or turnout connected with any

railroad

Is guilty of a felon}', and shall be punished accordinol3\

Cross-Refeeences

Attempting to wreck train, see section 303 of this title. Boarding train with intent to rob, see section 294 of this title. 827. Taking packing or waste from railroad journal boxes.—

Any person who shall without lawful authority take or remove the

packing or waste from out of any journal box or boxes of any loco- motive engine, tender, coach, caboose or truck, used or operated on any railroad, shall be punished by a fine of not more than $100, or by imprisonment in jail for not more than thirty days, or by both.

828. Boarding train with intent to obtain free ride.—Any person

who shall board anj' passenger, freight or other railway train in

the Canal Zone, whether moving or standing, for any purpose and

without in good faith intending to become a passenger thereon, and

with no lawful business thereon, and with intent to obtain a free

ride on such train, however short the distance, without the consent of the person or persons in charge thereof shall be punished by a fine of not more than $20.

829. Jumping on or off train in motion; riding on roof or platform.—Any person other than a member of a train crew, or a construction or transportation official or employee engaged in the per- formance of his duties, who shall jump on or off a railroad locomotive, car or train while it is in motion, or ride on the roof or platform

of a car of such train, shall be fined not more than $10 for each

offense. 830. Riding on labor train without authority.—Any person not

in the employ of the Panama Canal or the Panama Railroad Company who shall ride on any labor train Avithout written authority of

the Governor or the head of a department or divi-sion of the Pananui

Canal or Panama Railroad Company, shall be fined not more than

$25 for each offense. 831. Injuring telegraph or telephone lines or apparatus.—Every

person who maliciously takes down, removes, injures or obstructs

any line of telegraph or telephone, or any part thereof, or appurtenances or apparatus connected therewith, or severs an}' wires

thereof, is guilty of a misdemeanor.

CROeS-REFERENCE

Offenses against telegraph or telephone service, see sections 851 to S'lT of this

title. 720
THE CRIMINAL CODE [T. 5, § 836

832. Destroying boundary or subaqueous cable markers.—

Every person who either

a. Maliciouslj'^ removes any monument erected for tlie purpose of

designating any point in the boimdary of any lot or tract of Land, or

a place Avhere a subaqueous telegraph cable lies

b. Maliciously defaces or alters the marks upon any such monument; or

c. Maliciously cuts down or removes any tree upon which any such

marks have been made for such purpose, with intent to destroy such

marks

Is guilty of a misdemeanor.

833. Injury to or removal of boundary or survey monuments.—

Every person Avho willfully injures, defaces or removes any signal,

monument, building or appurtenance thereto, placed, erected or used

by persons engaged in the United States Coast and Geodetic Survey,

the ]\Iilitary Survey of the United States Army, the Hydrographic

Office of the United States Navy, or any other Government surveys, or the Panama Canal, or any public service company within the

Canal Zone, knowing the same to be a boundary or .survey monument, is guilty of a felony. (Feb. 21, 1933, ch. 109, sec. 109 [436],

47 Stat. 878.)

834. Injuries to monuments, works of art or trees.—Every person, not the owner thereof, who willfullj^ injures, disfigures or

destroys any monument, work of art, or useful or ornamental improvement within the limits of the Canal Zone, or any shade tree or ornamental plant growing therein, whether situated upon private

grounds or on anv .street, sidewalk or public park, or place, is guilty

of a misdemeanor. (Feb. 21. 1933, ch. 109, sec. Ill [440], 47 Stat.

879.)

835. Breaking or obstructing gas or water pipes.—Every person

who willfully breaks, digs up, obstructs or injures any pipe or main

for conducting gas or Avater, or any works erected for supplying

buildings with gas or water, or any appurtenances or appendages

therewith connected, is guilty of a misdemeanor.

836. Injuring water system or fire protection apparatus, etc., misusing or wasting water.—^Any person who shall

a. Remove, obstruct, injure, molest or otherwise tamper with any

fire hydrant, standpipe, fire plug, tank, hand grenade, fire ex- tinguisher, hose, hose reel, cart, engine, valve, box or cover, stopcock, stop box or cover, or any other tool, fixture, apparatus, pump,

machinery or building of any kind whatsoever connected with or necessary to the proper and efficient operation of the water systems

or for fire protection within the Canal Zone ; or

b. Willfully or otherwise misuse or waste, or cause to be misused

or wasted, water supplied from the water mains owned and operated

b}^ the Government of the Canal Zone

Shall be punished by a fine of not more than $25, or by imprisonment in jail for not more than thirty days, or by both; but this

section shall not apply to firemen in the regular discharge of their

721
T. 5, § 837] TEE CRIMINAL CODE

duties and duly^ authorized representatives of the municipal

engineering division. Ceoss-Reterence

Resisting fireman, see section 572 of this title. 837. Taking water from or disturbing irrigation or other

canals, etc.—Every person who shall without authority of the owner

or managing agent

a. Take water from any canal, ditch, flume or reservoir used for

the purpose of holding or conveying water for manufacturing, agricultural, irrigating or generation of power for domestic uses, with

intent to defraud;

b. Raise, lower or otherwise disturb any gate or other apparatus

thereof used for the control or measurement of water; or

c. Empty or place, or cause to be emptied or placed, into any such

canal, ditch, flume or reservoir, any rubbish, filth or obstruction to the free flow of the water;

Is guilty of a misdemeanor.

838. Injury to structures erected to create povj^er or conduct or

store water.—Every person who willfully and maliciously:

a. Cuts, breaks, injures or destroys any bridge, dam, canal, flume,

aqueduct, levee, embankment, reservoir or other structure erected

to create hydraulic power, or to drain or reclaim any swamp or overflowed tide or marsh land, or to store or conduct water for

agricultural or other purposes, or for the supply of the inhabitants

of any city or town, or any embankment necessary to the same, or

either of them;

b. Makes or causes to be made any aperture in such dam, canal,

flume, aqueduct, reservoir, embankment, levee or structure, with in- tent to injure or destroy the same; or

c. Draws up, cuts or injures any piles fixed in the ground for

the purpose of securing any sea bank or sea walls or any dock, quay,

jetty, lock or sea wall;

Is punishable by imprisonment in the penitentiary for not more

than two vears, or by a fine of not more than $1,000. or by both.

(Feb. 21, i933, ch. 109, sec. 106 [431], 47 Stat. 878.)

839. Altering or exhibiting light to endanger vessel.—Every

person who unlawfully masks, alters or removes any light or signal, or willfully exhibits any light or signal, with intent to bring any

vessel into danger, is punishable by imprisonment in the penitentiary

for not more than twenty years. 840. Obstructing navigable streams.—Every person who unlawfully obstructs the navigation of any navigaJble stream or water,

is guilty of a misdemeanor.

841. Destroying or injuring jails.—Every person who willfully

and intentionally breaks down, pulls down or otherwise destroys or

injures any public jail or other place of confinement, is punishable

by a fine of not more than $10,000, and by imprisonment in the

penitentiary for not more than five years.

722
THE CRIMINAL CODE [T. 5, § 846

842. Defacing or destroying posted copies of laws or notifications.—Every person who intentionally defaces, obliterates, tears down or destroys any copy or transcript or extract from or of any

law of the United States or of the Canal Zone, or any proclamation,

advertisement or notification set up at any place in the Canal Zone,

by authority of any laws of the United States or of the Canal Zone,

or b}^ order of any court, before the expiration of the time for which

the same was to remain set up, is punishable by a fine of not less than

$25, or by imprisonment in jail for not more than thirty days.

843. Placing signs on property of United States or Panama

Railroad.—Any person who shall construct or place any sign, bill, poster or other advertising device on any land, building or other

structure owned or controlled by the United States or the Panama

Railroad Company in the Canal Zone, shall be punished by a fine of not more than $25, or by imprisonment in jail for not more than

thirty days, or by both ; and every day that such sign, bill, poster, or other advertising device shall remain upon such lands or structures

shall be deemed a separate offense. This section shall not, however,

be construed to prevent persons from advertising, by means of any

such advertising devices, the business that they may be conducting

according to law in any building or other structure upon which such

advertising device is constructed or jDlaced.

844. Trespassing upon Government or Railroad reservations.—

Every person who shall go into or upon any reservation or other

place belonging to or under the control of the United States of

America, the Canal Zone Government, or the Panama Railroad

Company, after such reservation or place has been posted as pre- scribed in the section next following, and without the permission

of the person in charge of such reservation or place, shall be guilty

of trespassing and shall be punished by a fine of not more than $25, or by imprisonment in jail for not more than thirty days, or by both.

845. Posting signs warning against trespassing upon reservation.—The posting required by sections 844 to 846 of this title, shall consist of printed or painted signs, conspicuously placed, by the authority of the Governor of the Panama Canal, at or near the reservation or place from which the public is to be excluded, and shall in plain and simple words warn all persons against trespassing upon

the reservation or place.

846. Destruction or removal of warning signs.—Every person

who willfully injures, destroj^s or removes any sign placed or erected

under the provisions of sections 844 to 846 of this title, shall be

punished by a fine of not more than $100, or by imprisonment in jail

for not more than three months, or by both.

723
T.5, §851] THE CRIMINAL CODE

ARTICLE 12—OFFENSES AGAINST THE TELEGRAPH, TELEPHONE,

OPt CABLE SERVICE

Sec. 851. Refusal or neglect to send or deliver message.

852. Agent using information derived from

telegraph or cable mes.sage. 853. Fraudulently obtaining or using contents of message.

854. Bribing agent to disclose message.

Sec. 855. Disclosing contents of telegraphic or

cable message.

S56. Altering telegraphic or cable message. 857. Opening or fraudulentlj- obtaining

telegraphic or cable message of another. 851. Refusal or neglect to send or deliver message.—Every

agent, operator or employee of any telegraph, cable or telephone

office, who

a. Willfully refuses or neglects to send any message received at such office for transmission

b. Willfully postpones the same out of its order; or

c. Willfully refuses or neglects to delivery any message received

by telegraph, cable or telephone;

Is guilty of a misdemeanor; but nothing herein contained shall be construed to require any message to be received, transmitted or delivered unless the charges thereon have been paid or tendered, or

to require the sending, receiving or delivery of any message counseling, aiding, abetting or encouraging treason or other resistance to lawful authorit}'-, or any message calculated to further any fraudulent plan or purpose, or to instigate or encourage the perpetration

of any unlawful act, or to facilitate the escape of any criminal or person accused of crime, or any message containing abusive, blas- phemous or indecent language.

Ckoss-Refekences

Forcing tele.iraph or toleplioiie message, see .section 725 of this title. Malicious injury to teletiraph lines, see section 831 of this title. Kenioving or altering marker of suhaqueous teleyruph cable, see section 882

of this title. 852. Agent using information derived from telegraph or cable

message.—Every agent, operator or employee of any telegraph or cable office, who:

a. In any way uses or appropriates any information derived by

him from any private message passing through his hands addressed

to any other person, or in any other manner acquired by him by

reason of his trust as such agent, operator or employee; or

b. Trades or speculates upon any such information so obtained, or

in any manner turns, or attempts to turn the same to his own account,

profit or advantage

Is punishable by imprisonment in the penitentiary for not more

than five years, or by a fine of not more than $5,000, or by both.

853. Fraudulently obtaining or using contents of message.—

Every person who, by means of any machine, instrument or contrivance, or in any other manner, AvillfuUy and fraudulently reads, or attempts to read, any message, or to learn the contents thereof,

whilst the same is being sent over any telegrapli line, or willfully

and fraudulently, or clandestinely learns, or attempts to learn, the contents or meaning of any message while the same is in any tele- graph or cable office, or is laeing received thereat or sent therefrom,

724
THE CRIMINAL CODE [T. 5, § 871

or who uses or attempts to use, or communicates to others, any in- formation so obtained, is punishable by imprisonment in the penitentiary for not more than five years, or by a fine of not more than

$5,000, or by both. (Feb. 21, 1933, ch. 109, sec. 112 [444], 47 Stat. 879.)

854. Bribing agent to disclose message.—^Every person who, by

the payment or promise of any bribe, inducement or reward, procures, or attempts to procure, any telegrapli or cable agent, operator

or employee to disclose any private message, or the contents, purport,

substance or meaning thereof, or offers to any such agent, operator

or employee any bribe, compensation or reward for the disclosure of

any private information received by him by reason of his trust as such agent, operator or employee, or uses, or attempts to use, any

such information so obtained, is punishable by imprisonment in the

penitentiarv for not more than five years, or by a fine of not more

than $5,000, or bv both. (Feb. 21, 1933, ch.'l09, sec. 113 [445],

47 Stat. 879.) 855. Disclosing contents of telegraphic or cable message.—

Every person who willfully discloses the contents of any telegraphic or cable message, or any part thereof, addressed to another person,

without the permission of such person, unless directed so to do by

the lawful order of a court, is guilty of a misdemeanor.

856. Altering telegraphic or cable message.—Every person who

willfully alters the purport, effect or meaning of a telegraphic or

cable message to the injury of another, is guilty of a misdemeanor.

CEO'SS-REFEIRENCE Forging messages, see section 725 of tliis title. 857. Opening or fraudulently obtaining telegraphic or cable

message of another.—Every person not connected with any tele- graph or cable office who

a. Without the authority or consent of the person to whom the same may be directed, willfully opens any sealed envelope inclosing

a telegraphic or cable message and addressed to any other person,

with the purpose of learning the contents of the message ; or

b. Fraudulently represents any other person and thereby procures

to be delivered to himself any telegraphic or cable message addressed

to such other person, with the intent to use, destroy or detain the same from the person entitled to receive the message;

Is guilty of a misdemeanor.

CHAPTER 15.—CARRYING AND KEEPING OF ARMS; HUNTING

Sec. •ec. 871. Carrying of arms on or about person. unlawful.

872. Persons to whom preceding section is inapplicable. 873. Permits to Lave and carry arms, in general.

874. Granting and revocation of hunting

permits.

875. Hunting pursuant to permit ; regulation.

87(>. Offenses and puni.shm'ent thereof. 877. Fiie-hunting at night and hunting by means of spring or trap; punish- ment.

Section 871. Carrying of arms on or about person, unlawful.—

No person shall carry on or about his person any firearm or any

725
T. 5, § 872] THE CRIMINAL CODE

dirk, dagger or other knife, or other weapon, manufactured or sold

for the purpose of offense or defense, or any slung shot, air gun,

sword cane, blackjack, or any knuckles made of metal or other hard

substance. (July 5, 1932, ch. 418, sec. 1, 47 Stat. 573.)

Cboss-Refeeences

Drawing deadlj' weapon in a threatening manner, see section 604 of this

title. Taking dangerous weapons from persons arrested, see title 6, section 96. 872. Persons to whom preceding section is inapplicable.—The

next preceding section shall not apply

a. To a person engaged in the military or naval service of the

United States, or as a peace officer or officer authorized to execute

judicial process of the United States or the Canal Zone, or in carry- ing mail, or in the collection or custody of funds of the United States

or the Canal Zone, Avhile such officers or persons are engaged in the

performance of their respective duties;

b. To a member of a gun or pistol club organized for the promotion

of target practice, a certified copy of the constitution and bylaws

of which has been approved by the Governor of the Panama Canal

and filed with the chief of the police and fire division, when such

member is going to or from a target range or is engaged in practice

thereat. A certificate of membership in the gun or pistol club shall

be issued by the organization and approved by the chief of the police

and fire division, which shall entitle the holder to carry firearms as provided in this section ; or

c. To any person authorized to have or carry arms by an}^ permit

granted under the terms of this chapter. (July 5, 1932, ch. 418,

sec. 2, 47 Stat. 573.)

873. Permits to have and carry arms, in general.—The Governor of the Panama Canal may authorize the granting of permits to have and carry arms, as follows

a. To hunt upon the public lands of the Canal Zone or upon lands

occupied by private persons, when authorized by the latter

b. To have arms in residences, offices, business places or pLantations

c. To watchmen or overseers of plantations, factories, warehouses,

docks or piers; and

d. To carry arms in private aircraft for hunting or protection of crew or cargo. Applications for such permits shall be made to the Governor, and

shall contain the full name, residence and occupation of the applicant. If the applicant is a minor a permit shall not be granted

without the consent of his parent or guardian and no permit shall

be granted to a minor under fifteen 3'^ears of age. (Jidy 5, 1932,

ch. 418, sec. 3, 47 Stat. 573.)

874. Granting and revocation of hunting permits.—When an

a])plication for a permit to hunt is granted by the Governor of the

Panama Canal, he shall indorse his approval thereon, file the application, and cause a permit to bo issued to the applicant upon payment

by him of a fee of $1. The permit shall run for the fiscal year in

726
THE CRIMINAL CODE [T. 5, § 877 which it is issued except that it may be revoked by the Governor at any time for cause. (July 5, 1932, ch. 418, sec. 4, 47 Stat. 573.)

875. Hunting- pursuant to permit; regulation.—Hunting permits

issued under this chapter shall allow the holder thereof to have,

carry and use firearms in the area or areas prescribed by the Governor, and on the conditions imposed by him under such general or

special rules and regulations as he may issue from time to time. The

Governor may designate the area or areas of the Canal Zone in which

hunting is permitted, and the class of arms that may be used in hunting therein ; and no hunting shall be allowed outside of such areas. The Governor may, in such general or special rules and regulations,

impose such other conditions in respect to hunting as he may deem

necessary in the interests of public order and to prevent injury to persons or property. (July 5, 1932, ch. 418, sec. 4, 47 Stat. 573.) CROSS-REFEREN'CE

Protection of birds and their nests, see title 2, sections 291 to 293. 876. Offenses and punishment thereof.—Any person who:

a. Carries on or about his person any of the arms mentioned in section 871 of this title without authority under this chapter

b. Engages in hunting without first obtaining the permit provided

for in this chapter; or

c. After obtaining a hunting permit, engages in hunting in violation of the provisions of this chapter or any rule or regulation established by the Governor hereunder;

Shall be guilty of a misdemeanor. Penalties for violations of this

chapter shall be in addition to any punishment which may be imposed upon the offending person for any other offense that he may

have committed in connection with the carrying or using of arms in

violation of this chapter. (July 5, 1932, ch. 418. sees. 6 and 7, 47 Stat. 574.)

877. Fire-hunting at night and hunting by means of spring or

trap; punishment.—Every person who shall:

a. Hunt at night between the hours of sunset and sunrise with the

aid or use of a lantern, torch, bonfire or other artificial light; or

b. Hunt by the use of a gun or other firearm intended to be dis- charged by any animal or bird by means of a spring, trap or other

similar mechanical device

Shall be guilty of a misdemeanor. The penalties imposed by this

section shall be in addition to the punishments authorized by the

law against carrying arms without a permit. (July 5, 1932, ch. 417,

sec. i;47 Stat. 572.)

727

THE CODE OF CRIMINAL PROCEDURE IT. 6, § 4

TITLE 6.—THE CODE OF CRIMINAL PROCEDURE

Sec.

1. General provisions _. 1 2. Resistance to offenses; self-defense 31

3. Security to keep tlie peace 41

4. Time for commencing criminal actions Gl

5. Warrant ofarrest 71

G. Arrest 81

7. Powers and duties of magistrates in general -... - Ill

8. Trialof offenses in magistrates' courts 121

9. Appeals to district court 131

10. Preliminary hearing by magistrates of of- fenses triable in district court 141

11. Pleading and information 161

12. Pleadings and proceedings after information filed and before commencement of

trial. ._ - - 221

13. Proceedings after the commencement of

the trial and before judgment 331

Sec.

14. Judgment -. - 481

15. Execution 511

IG. Bail - 541

17. Witnesses G51

18. Habeascorpus 721

19. Search warrants 761

20. Dismissal of action before or after infor- mation — 791

21. Compromising certain offenses by lea>e of

court 801

22. Inquiry into insanity of defendant before

trial or after conviction _.. 811

23. Disposal ofproperty stolen or embezzled-- 821

24. Proceedingsagainstcorporations 831

25. Clerk of thedistrictcourt 841

2fi. Fugitives from justice; extradition -. 851

27. Penal institutions,- 901

Cross-reference

Crimes on high seas, practice and procedure, see title 7, section 26. CHAPTER 1.—GENERAL PROVISIONS

Sec.

1. Name of title.

2. Time of taking efifect. 3. Liability to punishment for offenses committed in Canal Zone.

4. Criminal action deflnrd.

5. Parties to criminal action.

6. Style of all processes.

7. Designation of party prosecuted.

8. Prohibition of second prosecution for same offense.

9. Prohibition of second prosecution for act punishable in different ways.

10. No pi^rson compelled to be witness

against self.

Sec.

11. Prohibition of unnecessary restraint before conviction.

12. Right of attorney to visit prisoner.

13. Venue of offenses.

14. Rights of defendant in criminal action.

15. Modes of conviction of public offense.

16. " District Attorney " as including as- sistant.

17. Prosecution of actions for fines, debts and forfeitures accruing to Govern- ment.

Section 1. Name of title.—This title shall be known as the Code

of Criminal Procedure of the Canal Zone.

2. Time of taking effect.—This title shall apply to criminal

actions and proceedings from the time it takes effect except that all such actions and proceedings theretofore commenced shall be con- ducted in the same manner as if this title had not been enacted.

(Feb. 21, 1933, ch. 110, sec. 120, 47 Stat. 901.)

3. Liability to punishment for offenses committed in Canal

Zone.—Every person is liable to punishment under the laws of the

Canal Zone, or under the laws of the United States applicable to the

Canal Zone, for an offense committed by him therein. (Feb. 21,

1933, ch. 110, sec. 4 [9], 47 Stat. 880.)

Cross-Reference

Liability to punishment for certain offenses committed outside of Cannl Zone,

see title 5, section 56.

4. Criminal action defined.—The proceedings by which a party

charged with a public offense is accused and brought to trial and

punishment is known as a criminal action.

93083—34- -47 729
T. 6, § 5] THE CODE OF CRIMINAL PROCEDURE

5. Parties to criminal action.—A criminal action is prosecuted

in the name of the Government of the Canal Zone as a party against

the person charged with the offense. Cboss-Reference

Principals and accessories to felony, see sections 211 and 212 of this title.

6. Style of all processes.—The style of all processes shall be in

the name of the Government of the Canal Zone.

7. Designation of party prosecuted.—The party prosecuted in a criminal action is designated in this title as the defendant.

8. Prohibition of second prosecution for same offense.—No per- son can be subjected to a second prosecution for a public offense

for which he has once been prosecuted and convicted or acquitted.

Ceoss-Kiefeeekces

Dismissal of action as barring other prosecution, see section 795 of this title. Former jeopardy, see title 1, section 1 (e). Pleas of former conviction or acquittal, or once in jeopardy, see sections 271, 272 and 301 of this title.

9. Prohibition of second prosecution for act punishable in different ways.—Where an act or omission is made punishable in differ- ent ways by different provisions of Title 5, The Criminal Code, an

acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other provision.

10. No person compelled to be witness against self.—No person

shall be compelled in a criminal action to be a witness against

himself.

Ceoss-Reiferences See also title 1, section 1 (e). Defendant as a witness, see section 673 of this title. 11. Prohibition of unnecessary restraint before conviction.—No

person charged with a public offense shall be subjected before conviction to an}' more restraint than is necessary for his detention to answer the charge.

Ceoss-Reifekbnas See also section 82 of this title.

12. Right of attorney to visit prisoner.—Any attorney at law

entitled to practice in the courts of the Canal Zone may, at the request

of a prisoner, after his arrest, visit the person so arrested. (Feb. 21,

1933, c. 110, sec. 21 [40], 47 Stat. 883.)

13. Venue of offenses.—The jurisdiction of an offense triable

either in the district or magistrates' courts shall be in the division or

subdivision where the offense was committed. (Feb. 21, 1933, ch. 110, sec. 3 [8], 47 Stat. 880.)

Ceoss-Retebences For provision establishing the divisions, see title 7, section 22. Removal of the action before trial, see sections 291 et seq., of this title.

730
THE CODE OF CRIMINAL PROCEDURE [T. G, § 17

14. Rights of defendant in criminal action.—In a criminal action

the defendant is entitled

a. To a speedy and public trial;

b. To be allowed counsel as in civil actions, or to appear and

defend in person and with counsel; and

c. To produce witnesses on his behalf and to be confronted with

the witnesses against him, in the presence of the court, except

1. That the deposition of a witness may be read, upon its being

satisfactorily shown to the court that he is dead or insane or cannot

with due diligence be found within the Canal Zone, in cases wherein

the charge has been preliminarily examined before a committing

magistrate and the testimony taken down in question and answer form in the presence of the defendant who has either in person or by counsel cross-examined or had an opportunity to cross-examine

the witness, or where the testimony of a witness who is unable to give security for his appearance has been taken conditionally on the

part of the Government in the like manner in the presence of the

defendant who has either in person or by counsel cross-examined or had an opportunity to cross-examine the witness; and

2. That the testimony on behalf of the Go^/ernment or the defendant of a witness who is deceased, insane, out of the jurisdiction, or who

cannot with due diligence be found within the Canal Zone, given on a former trial of the action in the presence of the defendant who has

either in person or by counsel cross-examined or had an opportunity

to cross-examine the witness, may be admitted. (Feb. 21, 1933, ch. 110, sec. 5 [11], 47 Stat. 880.)

Cross-Redpeebnces For similar and arMitional guaranties see title 1, section 1. Assignment of counsel for defeindaut, see section 228 of this title. Public defender, see title 7, section 43.

15. Modes of conviction of public offense.—No person can be convicted of a public oifense except:

a. By the verdict of a jury, accepted and recorded by the court;

b. Upon a plea of guilty

c. Upon a judgment of the district court, a jury having been

waived; or

d. Upon a judgment of a magistrate's court. (Feb. 21, 1933,

ch. 110, sec. 1 [2], 47 Stat. 880.)

Cboss-Referbjnce

Right to trial by jury, see section 302 of this title ; and title 7, section 33.

16. "District attorney" as including assistant.—The words

" district attorney ", as used in this title, shall, during the absence

or disability of the district attorney or during a vacancy in that

office, include an assistant district attorney. (Feb. 21, 1933, ch. 110,

sec. 2a [3a], 47 Stat. 880.) 17. Prosecution of actions for fines, debts and forfeitures accru- ing to Government.—The district attorney shall prosecute all recog731
T. 6, §31] THE CODE OF CRIMINAL PROCEDURE

nizances forfeited and all cases for the recovery of fines, penalties,

debts and forfeitures accruin<2: to the Government of the Canal Zone.

Cboss-Refekence

Enforcement of forfeiture of undertaking

title. of bail, see section 623 of this CHAPTER 2.—RESISTANCE TO OFFENSES; SELF-DEFENSE

See.

3o. Extent of right of self-defense. Sec.

31. Resistance to offense by party about to be injured.

32. Aiding in defense of person about to be

injured. Section 31. Resistance to oft'ense by party about to be injured.

Resistance sufficient to prevent an offense may be made by the party

about to be injured:

a. To prevent an illegal attempt by force to take or injure property in his lawful possession ; or

b. To prevent an offense against his person or his family or some member thereof.

32. Aiding in defense of person about to be injured.—Any other

person, in aid or defense of a person about to In- injure'^ may make

resistance sufficient to prevent the offense. 33. Extent of right of self-defense.—The right of self-defense in no ca.se extends to the infliction of more harm tlian is necessary for

the purpose of defense. (Feb. 21, 1933, ch. 109, sec. 15 [49], 47 Stat. 860.)

CllOSS-KEFEiRENCE

Justifiable or excusable homicide, see title 5, sections 259 to 2G2. CHAPTER 3.—SECURITY TO KEEP THE PEACE

Sec. 41. Complaint before magistrate of threat- ened offense. 42. Examination of informer and witnesses.

43. Warrant for arrest of person informed

of. 44. Taking of testimony in relation to charge.

45. Discharge of person complained of in absence of cause.

4G. Requiring security where reason for fear exists.

Sec.

47. Effect of giving or failing to give se

curity. 48. Discharge of person committed for not

giving security.

49. Approval and filing of undertaking.

50. Kequiring .security in event of assault

in presence of magistrate.

51. Breacli of undertaliing.

52. Action upon the undertaking.

53. Security to keep peace not otherwise

required.

Section 41. Complaint before magistrate of threatened offense.

A complaint may be laid before a magistrule that a })erson has

tlireatened to commit an offense a<iainst the person or property of

another. (Feb. 21, 1933, ch. 109, sec. 16 [58], 47 Stat. 861.)

Cross-Refeuence

Crimes against the public peace, see title 5, sections 591 et scq.

42. Examination of informer and witnesses.—When the complaint is laid before the magistrate he must

a. Examine under oath the informer and any witness he may

produce

732
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 51

b. Take their depositions in writing and cause them to be subscribed by the parties making them; and

c. Examine all other proofs that may be presented. (Feb. 21,

1933, ch. 109, sec. 16 [59], 47 Stat. 861.)

43. Warrant for arrest of person informed of.—If it appears

that there is just reason to fear the commission of the offense threatened by the person so informed against, the magistrate must issue

a warrant directed to any constable or policeman, reciting the substance of the complaint and commanding the officer forthAvith to

arrest the person informed of and bring him before the magistrate.

(Feb. 21, 1933, ch. 109, sec. 16 [60], 47 Stat. 861.)

44. Taking- of testimony in relation to charge.—When the per- son informed against is brought before the magistrate a,nd the

charge is controverted, the magistrate must take testimony in rela- tion thereto. The evidence must be reduced to writing and subscribed

by the w^itnesses. 45. Discharge of person complained of in absence of cause.—If

it appears that there is no just reason to fear the commission of

the offense alleged to have been threatened, the person complained

of must be discharged and tlie complaining witness shall pay the

costs. 46. Requiring security where reason for fear exists.—If, however, there is just reason to fear the commission of the offense,

the person comjjlained of may be required to enter into an undertaking in such sum, not exceeding $1,000, as the magistrate may

direct, with one or more sufficient sureties, to keep the peace toward

tlie Government of the Canal Zone and particularly toward the

informer. The undertaking shall be valid and binding for six

months and may upon the renewal of the complaint be extended for

a longer period or a new undertaking may be required.

47. Effect of giving or failing to give security.—If the undertaking required by the next preceding section is given, the party

informed against must be discharged; if he does not give it, the

magistrate shall commit him to jail, specifying in the warrant the

requirement to give security, the amount thereof, and tlie omission

to give the same.

48. Discharge of person committed for not giving security.—If

the person complained of is committed for not giving the undertaking required, he may be discharged upon giving the same.

49. Approval and filing of undertaking.—The undertaking must

be approved by, and filed with, the magistrate.

50. Requiring security in event of assault in presence of magistrate.—A person who in the presence of a magistrate assaults or

threatens to assault another, or to commit an offense against his

person or property, may be ordered by the magistrate to give security

as provided in this chapter, and if he refuses to do so, may be committed as provided in section 47 of this title. 51. Breach of undertaking.—Upon the conviction of the person

informed against of a breach of the peace the undertaking is broken.

73.H
T. G. §52] THE CODE OF CRIMINAL PROCEDURE

52. Action upon the undertaking.—Upon the district attorney's

producing evidence of sucli conviction to the district court, the court

shall order the undertaking to be prosecuted and the district attorney

must thereupon commence an action upon it in the name of the

Government of the Canal Zone.

53. Security to keep peace not otherwise required.—Security to keep the peace or to be of good behavior cannot be required except as prescribed in this chapter.

CHAPTER 4.—TIME FOR COMMENCING CRIMINAL ACTIONS

Sec.

Gl. No limitation in prosecutions for cer- tain felonies.

Gi'. Limitation for other felonies.

Sec.

63. Limitation for misdemeanors.

64. Exception when defendant is out of Canal Zone. Section 61. No limitation in prosecutions for certain felonies.—

Tliere is no limitation of time witliin which a prosecution for murder,

the embezzlement of public moneys or the falsification of public

records must be commenced.

62. Limitation for other felonies.—The prosecution for any felony

other than murder, the embezzlement of public money or the falsifi- cation of public records, must be commenced within three years after

its commission.

Cross-Refeeence

Felony defined, see title 5, section 24. 63. Limitation for misdemeanors.—The prosecution for any misdemeanor must be commenced within one year after its commission.

Ceoss-Ree^erence Misdemeanor defined, see title 5, section 24. 64. Exception when defendant is out of Canal Zone.—If, when

the offense is committed, the defendant is out of the Canal Zone

the information may be filed within the term herein limited, after

his coming within the Canal Zone, and no time during which the

defendant is not an inhabitant of, or usually resident within, the

Canal Zone, shall be a part of the limitation.

CHAPTER 5.—WARRANT OF ARREST

Sec.

71. Magistrates and district attorney may

issue warrants.

72. Complaint as prerequisite to issuance

of warrant by magistrate.

73. Aflidavit must contain nature and particulars of offense.

Sec.

74. Issuance of warrant of arrest.

75. Natuie and form of warrant of arrest.

76. Requisites of warrant.

Section 71. Magistrates and district attorney may issue warrants.—The magistrates and the district attorney shall have power

to issue warrants for the arrest of persons charged with public

offenses. (Feb. 21, 1933, ch. 110, sec. 6 [12], 47 Stat. 881.)

Cross-Refeeenck

Warrant of arrest for threatened breach of peace, see section 43 of this title.

734
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 76

72. Complaint as prerequisite to issuance of warrant by magistrate.—Before a magistrate shall issue a warrant in any case, a complaint must be made by affidavit of the complaining witness, clearly

charging therein the offense committed, and such affidavit must be

signed by the complaining witness. (Feb. 21, 1933, ch. 110, sec. 7a

[18], 47 Stat. 881.)

73. Affidavit must contain nature and particulars of offense.—

Every affidavit shall contain as particularly as can be done the

nature of the offense charged and the particulars as to the time,

place, person and property, so as to enable the defendant to understand the nature and character of the offense. (Feb. 21, 1933, ch. 110, sec. 8 [19], 47 Stat. 881.)

74. Issuance of warrant of arrest.—When a magistrate before

whom a complaint has been made is satisfied that the complaint

charges an offense, he shall forthwith issue a warrant of arrest for

the offending party, directed to any peace officer, commanding the

officer to arrest the offender forthwith and bring him before the

magistrate. (Feb. 21, 1933, ch. 110, sec. 9 [20], 47 Stat. 881.) Cross-Refeeences

Who are i>eace officers, see section 84 of this title. Maliciously procuring warrant of arrest, see title 5, section 171. 75. Nature and form of warrant of arrest.—A warrant of arrest

is an order in writing, in the name of the Government of the Canal

Zone, signed by a magistrate or other authority commanding the

arrest of the defendant, and shall be substantially as follows

The Government of the Canal Zone to any peace officer of the

Canal Zone.

Complaint upon oath having been made by on this

day of before me , Magistrate, that the

offense of (designating it generally) has been committed, and

charging therev\^ith, you are hereby commanded to arrest forthwith the above-named and bring him before me at (naming the place), and thereof do not fail. 76. Requisites of warrant.—The warrant must specify the name

of the defendant, or, if it is unknown to the magistrate, the defendant may be designated therein by any name. It must also state the

time of issuing it, and the place where it is issued, and be signed

by the magistrate, with his name and office. The warrant must be

directed to and executed by a peace officer. (Feb. 21, 1933, ch. 110,

sec. 11 [21a], 47 Stat. 881.)

Ceoss-Rei'eirbnce Endorsement permitting arrest for misdemeanor at night, see section 90 of

this title.

735
T.6, §81] THE CODE OF CRIMINAL PROCEDURE

CHAPTER 6.—ARREST

Sec.

81. Arrest defined.

81.'. Arrest made by actual restraint or submission ; unnecessary restraint.

So. Arrests by peace officers with or with- out warrant.

84. Wtio are peace officers. 85. Arrests by private persons.

8(5. Oral order tor arrest for offenses in presence of judge or district at- torney.

87. Authority of peace officer to summon

assistance ; disobedience to sum- mons.

88. Authority of person making arrest to summon assistance.

89. Authority to execute ^\ arrant in either

division or subdivision.

90. Time when arrests may be made.

Sec.

91. Manner of making arrest.

92. Duty to show warrant.

03. Use of all reasonable means authorized.

94. Breaking door or window open to ef- fect arrest.

95. Breaking door or window open to lib- erate self. OG. Taking weapons from person arrested.

97. Duty of prlrate person who has made an arrest.

98. Duty of officer arresting with warrant.

99. Taking person arrested without warrant before magistrate.

100. Pursuit and retaking of person ar- rested who escapes or is rescued.

101. Breaking doors or windows to retake person escaping or rescued. Section 81. Arrest defined.—An arrest is taking a person into

custody ill a case and in the manner authorized by law.

Cross-Refeiiences

Bail, see sections 541 to 637 of this title. Offenses in lelation to arrest, see title 5, sections 171 et seq.

82. Arrest made by actual restraint or submission ; unnecessary

restraint.—An arrest is made by an actual restraint of the person of

the defendant, or by his submission to the custody of an officer. The

defendant must not be subjected to any more restraint than is neces- sary for his arrest and detention.

Cross-Reference

Prohibition of unnecessary restraint, see also .section 11 of thi.s title.

83. Arrests by peace officers with or without warrant.—A peace

officer may make an arrest in obedience to a warrant delivered to him,

or may Avithout a w^arrant arrest a person

a. For a public offen.se committed or attempted in the presence of

the officer;

b. AVhen the person has committed a felony althouo;li not in the

presence of the officer;

c. When a felony has in fact been committed and the officer has

reasonable cause for believing the person to have committed it

d. On a charge made, upon a reasonable cause, of a commission of

felony by the person ; or

e. At night, when there is reasonable cause to believe that the per- son has committed a felony.

84. Who are peace officers.—The following are peace officers

a. The marshal and deputy marshals;

b. Constables of the magistrates' courts ; and

c. All officers and members of the police force. (Feb. 21, 1933, ch. 110, sec. 12 [21 b], 47 Stat. 882.)

85. Arrests by private persons.—A private person may arrest another

a. For a public offense committed or attempted in his presence;

736
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 93

b. When the person arrested has committed a felony although not

in his presence; or

c. When a felony has been in fact committed and he has reasonable

cause for believing the person arrested to have committed it. 86. Oral order for arrest for offenses in presence of judge or

district attorney.—The district judge, district attorney, or a magistrate may orally order a peace officer or private person to arrest any- one committing or attempting to commit a public offense in the

presence of such judge, district attorney or magistrate.

87. Authority of peace officer to summon assistance.—Any peace

officer attempting to serve any criminal process issued by a court or other authority, may summon a sufficient number of men to assist in

the arresting or safekeeping of any person who refuses to be taken

or who is likely to make his escape. Ckoss-Reference

Punishment for failure to assist iu arrest wlieu required, see title 5, section

175.

88. Authority of person making arrest to summon assistance.—

Any person making an arrest may orally isummon as many persons

as he deems necessary to aid him therein.

89. Authority to execute warrant in either division or subdivision.—A warrant of arrest may be executed in either division or subdivision of the Canal Zone. (Feb. 21, 1933, ch. 110, sec. 41

[114a], 47 Stat. 886.)

90. Time when arrests may be made.—^If the offense charged is a felony, the arrest may be made on any day and at any time of day

or night. If it is a misdemeanor, the arrest cannot be made at night,

except upon direction of a magistrate by indorsement on the warrant

or except when the offense is committed in the presence of the arrest- ing officer. (Feb. 21, 1933, ch. 110, sec. 40 [113], 47 Stat. 886.)

91. Manner of making arrest.—The person making an arrest must inform the person to be arrested of the intention to arrest him,

of the cause of the arrest, and the authority to make it, except when

the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or is pursued immediately after

its commission, or after an escape.

92. Duty to show warrant.—If the person making the arrest is acting under the authority of a warrant, he must show the warrant,

if required.

93. Use of all reasonable means authorized.—If a person about

to be arrested either flees or forcibly resists, after he has been in- formed of the intention of the arresting officer to place him under

arrest, the officer may use all reasonable means to effect the arrest,

(Feb. 21, 1933, ch. 110, sec. 42 [116], 47 Stat. 886.)

Cross-References

.Justifiable homicide, see title 5, sections 260 and 261. Resisting arrest, see title 5, section 178.

787
T. 6, § 94] THE CODE OF CRIMINAL PROCEDURE

94. Breaking door or window open to effect arrest.—To make an

arrest, a private person, if the offense be a felony, and in all cases a peace officer, may break open the door or window of the house iji which the person to be arrested is, or in which they have reasonable

grounds for believing him to be, after having demanded admittance

and explained the purpose for which admittance is desired.

95. Breaking door or window open to liberate self.—Any person

who has lawfully entered a house for the purpose of making an

arrest may break open the door or window thereof if detained

therein, when necessary for the purpose of liberating himself, and_ an

officer may do the same when necessary for the purpose of liberating

a person who, acting in his aid, lawfully entered for the purpose of

making an arrest and is detained therein.

96. Taking weapons from person anested.—Any person making

an arrest may take from the person arrested all dangerous weapons

which he may have about his person. (Feb. 21, 1933, ch. 110, sec. 43 [119], 47 Stat. 886.)

97. Duty of private person who has made an arrest.—A private

person who has arrested another for the commission of an offense

must without unnecessary delay take the person arrested before a magistrate or deliver him to a peace officer. (Feb. 21, 1933, ch. 110,

sec. 17 [26], 47 Stat. 883.)

98. Duty of officer arresting with warrant.—An officer making

an arrest in obedience to a warrant must proceed with the person

arrested as commanded by the warrant or as provided by law.

99. Taking person arrested without warrant before magistrate.—When an arrest is made without a warrant by a peace officer or private person, the person arrested must be taken without unnecessary delay before the magistrate of the subdivision in which the

arrest is made, and a complaint stating the charge against the person

arrested shall be made before such magistrate at once.

100. Pursuit and retaking of person arrested who escapes or is rescued.—If a person arrested escapes or is rescued the person from

whose custody he escaped or was rescued may immediately pursue

and retake him at any time and in any place.

101. Breaking doors or windows to retake person escaping or

rescued.—To retake the person escaping or rescued, the person pursuing may break open an outer or inner cloor or window of a dwelling

house if after notice of his intention he is refused admittance.

CHAPTER 7.—POWERS AND DUTIES OF MAGISTRATES IN GENERAL

Sec. 111. General power.s of magistrates.

112. Publicity of proceedings.

113. Keeping of criminal doclcet.

Sec. 114. Depositing docljets and papers with

successor.

115. Authority of one magistrate to act for otlier. Section 111. General powers of magistrates.—A magistrate may

a. Preserve and enforce order;

b. Enforce order in the proceedings before him and provide for

the orderly conduct thereof;

738
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 115

c. Compel obedience to his judgments, orders and processes in an

action or proceeding pending therein;

d. Control, in the furtherance of justice, the conduct of all persons

in any manner connected with the judicial proceeding before him,

and in every other matter appertaining thereto;

e. Compel the attendance of persons to testify in any proceeding

pending therein in the cases and manner provided in this title and

Title 5, The Criminal Code; . . f. Administer oaths in an action or proceeding pending therein

and in all other cases where it may be necessary in the exercise

of power and duty; and

g. Command and control his processes and orders so as to make

them conformable to law and justice. (Feb. 21, 1933, ch. 110, sec. 25

[52], 47 Stat. 884.)

Ceoss-Refeeences

Bail, see sections 541 to 637 of tliis title. Compelling attendance of witnesses, see sections 651 to 661 of this title. Establishment and jurisdiction of magistrates' courts, see title 7, sections

Examination of witnesses conditionally, see sections 147, and 681 to 691 of

Powers in relation to habeas corpus in absence of district judge, see section 724 of this title. . , ^ ^. o Rules governing magistrates' courts, see title 7, section b.

112. Publicity of proceedings.—All proceedings before magistrates shall be public.

113. Keeping of criminal docket.—Every magistrate must keep a book denominated the " criminal docket ", which shall be separate

and distinct from the civil docket, in which he must enter:

a. The title of every action or proceeding which shall be ihe

Government of the Canal Zone vs. , defendant ; "

b. The date of the warrant

c. The defendant's name and when arrested

d. The names of the complaining witnesses

e. The time of issuing summons and the return thereon by the per- son who served it; and

f. The time of trial and the judgment thereon, or it there be no

trial under a plea of guilty, the amount of fine or time of imprisonment, or if it be a case in which the offense is beyond the jurisdiction

of the magistrate's court, the commitment or bail, or whatever proceeding is had therein. . ^ j> .^ i. There shall also be in each case an itemized statement ot the costs and expenses.

114. Depositing dockets and papers with successor.—Every

magistrate, upon the expiration of his term of office, must deposit

wdth his successor his official dockets and the papers filed m his

office, or any others which may be in his custody to be kept as records.

115. Authority of one magistrate to act for other.—One magistrate may conduct the proceedings of the magistrate of the other

subdivision upon inability to act, sickness or any other cause. In

such cases the proper entry of the proceedings of such magistrate

739
T. 6, § 121] THE CODE OF CRIMINAL PROCEDURE

SO acting shall be made in the docket of the magistrate for whom

he so acts. (Feb. 21, 1933, ch. 110, sec. 7 [14], 47 Stat. 881.)

CHAPTER 8.—TRIAL OF OFFENSES IN MAGISTRATES' COURTS

Sec. 121. Postponement of trial. 122. Summoning witnesses for defense.

123. Summoning witnesses for prosecution.

124. Reading complaint to defendant ; plea.

Sec. 125. Proceedings on plea of guilty. 126. I'roccedings on plea of not guilty. 127. Imprisonment for failure to pay fine.

Section 121. Postponement of trial.—Before the commencement

of a trial in a magistrate's court, either party, upon good cause shown, may have a postponement of the same for not more than

three days.

Cross-Refebences

Bail, see sections 541 to 687 of this title. Compromising certain offenses by leave of court, see sections 801 to 804 of

this title. Establishment and jurisdiction of magistrates' courts, see title 7, sections 1 and 2. Rules governing magistrates' courts, see title 7, section 6.

122. Summoning witnesses for defense.—Whenever a person ar- rested charged with an offense cognizable by a magistrate is placed on trial, he shall give the names of his witnesses, if he has any, and

their places of abode; and the magistrate shall forthwith issue subpenas for them to testify in the cause. The subpenas shall state the

day, hour and place of trial. (Feb. 21, 1933, ch. 110, sec. 14 [23],

47 Stat. 882.)

Ckoss-Refekences

Compelling attendance of witnesses, see sections 111 o and GHl to 661 of this

title. Contempt of court, see title 5, section 212.

123. Summoning witnesses for prosecution.—When a day is set for trial by the magistrate, the witnesses for the prosecution shall

immediately be summoned. Subpenas being issued and served upon

them, they shall appear before the magistrate where the trial is to take place.

124. Reading complaint to defendant, plea.—When a defendant

is put upon trial in a magistrate's court, the magistrate shall read

the complaint to the defendant, whereupon the defendant may plead

to it, which plea shall be " guilty " or " not guilty ". If the defendant refuses to answer or plead, the magistrate shall enter a plea of

not guilty. (Feb. 21, 1933, ch. 110, sec. 15 [24], 47 Stat. 882.)

125. Proceedings on plea of guilty.—If the defendant pleads

guilty the magistrate shall hear testimony to determine the gravity

of the offense, and, within twenty-four hours thereafter, shall render

judgment as to the punishment to be inflicted. (Feb. 21, 1933, ch. 110, sec. 15 [24], 47 Stat. 882.)

126. Proceedings on plea o( not guilty.—After having heard the

charge, if the defendant pleads not guilty, the proceedings shall be

as follows:

740
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 131

a. The witnesses for the prosecution shall be examined under oath.

The oath shall be as follows : " You do solemnly swear before Almighty God that you will tell the truth, the whole truth, and nothing

but the truth, in the matter now pending before me."

b. The witnesses for the defendant, including the defendant himself if he wishes to testify, shall be examined under oath; if the

defendant does not testify, that fact cannot be used against him.

c. Witnesses for the prosecution may be called lo testify in re- buttal only of testimon}^ given by the defendant or his witnesses.

d. The magistrate shall then consider the evidence, and within

twenty-four hours thereafter shall render judgment. The trial must

be had and the judgment rendered in the presence of the defendant.

If the defendant is acquitted, he shall be immediately released. If

the defendant is adjudged guilt}^, the magistrate shall, within the

time limit, fine or commit him to jail, or both, as the case may be. (Feb. 21, 1933, ch. 110, sec. 16 [25], 47 Stat. 882.)

Cross-References Commencement of term of imprisonment, soe section 517 of tliis title. Competency of witnesses, see sections 671 to 673 of this title. Consecutive running of sentences, see section 516 of this title. Determination of punishment where undetermined between limits, see section 483 of this title. Disposition of fines, see title 7, section 6. Disposal of stolen or embezzled property which is recovered, see sections 821

to 827 of this title. Duty of magistrate to determine and impose punishment, see section 482 of

this title. Execution of judgment for imprisonment in jail, see section 515 of this title. Suspension of sentence, and probation, see sections 500 and 501 of this title. Temporary releases not part of term of imprisonment, see section 518 of this

title. 127. Imprisonment for failure to pay fine.—When a judgment

is rendered against a defendant that he pay a finCj should he fail to do so at once, the magistrate shall commit him to ]ail, to be confined one day for each dollar of fine remaining unpaid ; but such imprisonment shall not exceed thirty days in any case. (Feb. 21, 1933, ch. 110,

sec. 24 [50], 47 Stat. 883.)

CHAPTER 9.—APPEALS TO DISTRICT COURT

Sec. 131. Right of appeal.

i;^2. Manner of taking appeal.

133. Transmitting warrant and complaint

to district court.

Sec. 134. Trial de novo in district court. 135. Amendment of complaint in distri( t court.

Section 131. Right of appeal.—Appeals from the judgments and

rulings of the magistrates' courts to the district court are authorized

in all criminal cases. (Aug. 24, 1912. ch. 390, sec. 7, 37 Stat. 564;

Sept. 21, 1922, ch. 370, sec. 1, 42 Stat. 1004; Feb. 16, 1933, ch. 91, sec.

1, 47 Stat. 814 [U.S. Code, title 48, sec. 1343].)

Cross-References

See also title 7, section 7. Jurisdiction of appeals, see title 7, section 23.

741
T, 6, § 132] THE CODE OF CRIMINAL PROCEDURE

132. Manner of taking appeal.—An appeal from the judgment

of a magistrate's court may be taken by the defendant by giving

notice in open court of his intention so to do at the time the judgment is rendered. (Feb. 21, 1933, ch. 110, sec. 23 [44], 47 Stat. 883.)

Ckoss-Reference

Bail on appeal, see sections 545, 591 aud 592 of this title.

133. Transmitting warrant and complaint to district court.—

Upon the perfection of such an appeal the magistrate shall forthwith transmit the warrant and the complaint to the clerk of the

district court. (Feb. 21, 1933, ch. 110, sec. 23 [44], 47 Stat. 883.)

134. Trial de novo in district court.—All offenses triable in the

magistrates' courts, when appealed to the district court, shall be

tried de novo on the original complaint and warrant. (Feb. 21,

1933, ch. 110, sec. 38 [97], 47 Stat. 885.)

135. Amendment of complaint in district court.—The complaint

may, however, be amended in the district court as to matters of form

or substance where the rights of the defendant are not substantially

prejudiced thereby; but the amended complaint may not charge a crime different from that charged or sought to be charged in the

original complaint. (Feb. 21, 1933, ch. 110, sec. 38 [97], 47 Stat.

885.)

CHAPTER 10.—PRELIMINARY HEARING BY MAGISTRATES OF

OFFENSES TRIABLE IN DISTRICT COURT

Sec. 141. Preliminary hearing.' 142. Committing defendant to district court. 143. Form of commitment.

144. Bindins Govcrument witnesses by

written undertaking to appear.

145. Requiring security for appearance of witnesses where necessary.

146. Imprisonment of witnesses on refusal

to enter into undertaking.

Sec. 147. Conditional examination of witness unable to procure sureties. 148. Keeping of papers on file. 149. Deliveiy of transcript and papers to district attorney ; return thereof.

150. Turning over undertakings or money

deposits to district court.

Section 141. Preliminary hearing.—When a person is charged,

other than by information direct, with an offense not triable before

a magistrate, the magistrate shall hold a preliminary hearing and if he is satisfied that the offense has been committed and that there

exists probable cause that the defendant has committed the same,

he shall remand the defendant to jail, or admit him to bail, as the

case may be, for his appearance before the district court to answer

the charge. If there is no evidence than an offense has been committed, or no probable cause showing the defendant's connection therewith, he shall be discharged. (Feb. 21, 1933, ch. 110, sec. 22 [41],

47 Stat. 883.)

Ckoss-Re:ferencks

Bail upon being lield to answer before information, see sections 571 to .575 of this title. Jurisdif'tion to hold preliminary hearings, see title 7, section 3. Proceedings on complaint against corporation, see se-tions S31 to 837 of this

title.

742
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 147

142. Committing defendant to district court.—When a magistrate orders the defendant to be hehj to answer, after preliminary

hearing in cases triable in the district court, he must make out a connnitnient signed by him with his name and office and deliver it with the defendant to the officer to whom he is committed, or if that

officer is not present, to a peace officer, who must deliver the defendant to the proper custody, together with the commitment.—(Feb. 21,

1933, ch. 110, sec. 20 [33], 47 Stat. 883.)

Cboss-Referenck

Filing of informtition after coinmitment, see section 174 of this title.

143. Form of commitment.—The commitment must be to the fol- lowing effect: Magistrate's Court,

Town and Subdivision of , The Government of the Canal Zone, to the warden of the jail

of

An order having been this day made by me, that be

held to answer upon a charge of (stating briefly the nature of

the offense and giving as near as ma}^ be the time when and the

place wdiere the same w^as committed), you are commanded to receive him into your custody and detain him until he is legally

discharged.

Dated this day of , nineteen

144. Binding Government witnesses by written undertaking to appear.—On holding the defendant to answer, the magistrate may

take from each of the material witnesses examined before him on the

part of the Government a written undertaking to the effect that he

will appear and testify at the court to which the warrant and other

proceedings are to be sent, or that he will forfeit the sum of $100.

145. Requiring security for appearance of witnesses where necessary.—When a magistrate is satisfied by proof on oath that there

is reason to believe that any such witness will not appear and testify

unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as he may deem

proper for his appearance as specified in the next preceding section.

146. Imprisonment of witnesses on refusal to enter into undertaking.—If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compli- ance with the order for that purpose, the magistrate must commit

him to jail until he complies or is legally discharged.

147. Conditional examination of witness unable to procure sureties.—When, how^evei', it satisfactorily appears by examination, on

oath, of the w^itness or any other person, that the Avitness is unable

to procure sureties, he may be forthwith conditionally examined on

behalf of the Government. Such examination must be by question

and answer, in the presence of the defendant or after notice to him

if on bail, and conducted in the manner provided in sections 686 to 690 of this title, and the witness thereupon discharged; and such

743
T, 6, § 148] TEE CODE OF CRIMINAL PROCEDURE

deposition may be used upon the trial under the same conditions as mentioned in section 691 of this title; but this section does not apply

to an accomplice in the commission of the offense charged.

Cross-Reference

Conditional examination of witnesses generally, see sections 681 to 691 of

this title.

148. Keeping of papers on file.—A magistrate shall keep all papers relating to criminal matters in which preliminary hearing has

been held in good order and on file in his office for a term not to exceed two days. (Feb. 21, 1933, ch. 110, sec. 26 [59], 47 Stat. 884.)

149. Delivery of transcript and papers to district attorney; re- turn thereof.—Within the time mentioned in the next preceding

section the magistrate shall deliver to the district attorney a transcript of all proceedings had in such cases, and all papers relating

thereto including the original complaint, warrant, affidavits and the names of the witnesses. The district attorney shall return all such

papers to the magistrate in every case in which the district attorney

does not file an information. (Feb. 21, 1933, ch. 110, sec. 26 [59],

47 Stat. 884.)

150. Turning over undertakings or money deposits to district

court.—After the filing of an information by the district attorney,

the magistrate shall turn over to the clerk of the district court all undertakings or moneys deposited in lieu thereof with the magistrate

for appearance in the district court. (Feb. 21, 1933, ch. 110, sec. 27 [60], 47 Stat. 884.)

CHAPTER 11.—PLEADING AND INFORMATION

Art. Sec. Art. See.

1. (Jeneral provisions 161

2. Filing of information 171

3. Hequisites and sufficiency of infor- mation 181

4. Informations for particular of- fenses 201

5. Principals and accessories ; pros- ecution trial and punishment 211 Cross-References

Compromising certain offenses by leave of court, see sections 801 to 804 of

this title. Dismissal of action before or after information, see sections 791 to 795

of this title. ARTICLE 1.—GENERAL PROVISIONS

Sec.

I Sec. 161. Forms and rules of pleading. 162. Materiality of errors or departures In

I pleading. Section 161. Forms and rules of pleading.—All the forms of

pleading in criminal actions, and the rules by which the sulHciency

of pleadings is to be determined, are those j)rescribed by this title. 162. Materiality of errors or departures in pleading.—Neither a departure from the form or mode prescribed by this title in respect

to any pleading or proceedings, nor an error or mistake therein,

744
TEE CODE OF CRIMINAL PROCEDURE T. 6, § 174 renders it invalid unless it has actually prejudiced the defendant

or tended to his prejudice in respect of a substantial right. Cross-Refei:ence Defects of form in iiifoniiatiou, see section 189 of this title. ARTICLE 2.—FILING OF INFORMATION

Sec. 171. Information defined. 172. Offenses prosecuted by information.

173. Investigation by district attorney after commitment of defendant.

174. Filing information after sucli investi- gation.

Sec. 175. Informations filed vyith clerk. 176. Ordering discharge after such investi- gation.

177. Remanding cause to magistrate.

171. Information defined.—The information is an allegation in

writing made to the district court by the district attorney charging

a person with a public offense, and is the first pleading on the part

of the Government in all criminal matters within the original jurisdiction of the district court. (Feb. 21, 1933, ch. 110, sec. 28 [62],

47 Stat. 884.)

Ckoss-References

Amendment of information, see section 257 of ttiis title. Filing of information against corporation, see section 835 of this title. New information because of variance between allegations and proof, see section 420 of this title. 172. Offenses prosecuted by information.—Every offense of

which the district court has original jurisdiction must be prosecuted

by information signed by the district attorney, or in the case of his

absence by an assistant district attorney. (Feb. 21, 1933, ch. 110,

sec. 2 [3], 47 Stat. 880.)

173. Investigation by district attorney after commitment of

defendant.—When a defendant has been committed as provided in

sections 141 and 142 of this title, the district attorney may, within

twenty days thereafter, issue subpenas for witnesses and examine

such witnesses under oath as to the offense charged. Such examination shall be conducted in private. (Feb. 21, 1933, ch. 110, sec. 35

[92], 47 Stat. 885.)

Cross-Refekence

General power of district attorney to issue subpenas for witnesses, see

section 655 of tliis title. 174. Filing information after such investigation.—If it appears

from the investigation that a public offense has been committed, and

that there is sufficient cause to believe the defendant guilty thereof,

the district attorney shall, within such twenty-day period, file an

information against the person in the division of the district court in

which the offense is triable, charging the defendant with the offense. (Feb. 21, 1933, ch. 110, sec. 3? [94], 47 Stat. 885.)

OBOSS-REa-EEENCBS

Filing information direct, see section 141 of this title. Filing information following discharge of defendant upon preliminary hearing, see title 7, section 3. Filing information after discharge of defendant during trial, see section 388

of this title. 93083—34 48 745
T. 6, § 1 ro] THE CODE OF CRIMINAL PROCEDURE

175. Informations filed with clerk.—All informations must be

filed with the clerk of the district court. (Feb. 21, 1933, ch. 110,

sec. 29 [64], 47 Stat. 884.)

176. Ordering discharge after such investigation.—If, after in- vestigation, it appears either that no public otl'ense has been committed, or that there is not sufficient cause to believe the defendant

guilty, the district attorney must, within such twenty-day period,

order that the defendant be discharged, and shall file with the committing magistrate the original proceedings indorsed thereon as follows : " There being no sufficient cause to believe the within

named, A. B., to be guilty of an offense, I order his discharge."

(Feb. 21, 1933, ch. 110, sec. 36 [93], 47 Stat. 885.)

177. Remanding cause to magistrate.—If the offense committed

is within the jurisdiction of a magistrate's court, the cause shall be

remanded thereto for proceedings therein as prescribed by law.

ARTICLE 3.—REQUISITES AND SUFFICIENCY OF INFORMATION

Sec. 181. Requisites of information in general.

182. Form of information.

183. Requirement of directness and cer- tainty in certain regards.

184. Use of words employed to define of- fense. 185. Charsing but one offense. 186. Different counts or alternative means

in same count.

187. Sufficiency of information in general.

188. Construction of words used.

189. Immateriality of formal defects or

imperfections.

190. Insertion of true name of defendant whenever discovered.

Sec. 191. Allegation as to time of commission

of offense. 192. Allegation as to person Injured.

193. Allegation of presumptions of law or matters judicially noticed. 194. Pleading private law or right derived

therefrom.

195. Charging previous conviction of of- fenses. 196. Pleading judgment or other proceeding

before judge or ofiicer. 197. Conviction or acquittal of one or moi'e of several defendants.

181. Requisites of information in general.—The information

must contain

a. The title of the action

b. The name of the court to which it is presented

c. The names of the parties

cl. A statement in ordinary and concise language of the acts constituting the offense, in such manner as to enable a person of common

understanding to know what is intended ; and

e. A statement that it is based upon due investigation of the facts

relating to the crime charged therein, and upon the sworn testimony

of one or more witnesses. (Feb. 21, 1933, ch. 110, sec. 2 [3], 47

Stat. 880.) Cross-REnrEKEN ce Failure of information to charge an offense, see section 3SS of this title. 182. Form of information.—It may be substantially in the following form

In the United States District Court for the District of the

Canal Zone, Division of

The Government of the Canal Zone against : Information.

, district attorney for the Canal Zone, comes into the

district court for the said division, and for the Government of

746
THE CODE OF CRIMINAL PROCEDURE [T. G, § 187

the Canal Zone -gives the court here to be informed and to understand that: on the day of A.D. 19__,

in the division aforesaid, did then and there (here set forth

the act or omission charged as an offense) and so did then and

there commit the offense of (here state the character of the

offense committed, whether it be murder, arson, larceny or the

like, or designating it as a felony or misdemeanor) contrary to the law in such case made and provided and against the peace

and dignity of the Government of the Canal Zone.

This information is based upon due investigation of the facts

relating to the crime charged herein, and on the sworn testi- mony of one or more witnesses, and I believe that there is just cause for the filing of this information.

Signed this day of , A.D. 19__:

District Attorney.

(Feb. 21, 1933, ch. 110, sec. 30 [67], 47 Stat. 884.)

183. Requirement of directness and certainty in certain re- gards.—The information must be direct and certain as regards:

a. The party charged;

b. The offense charged; and

c. The particular circumstances of the offense charged, when they

are necessary to constitute a complete offense. (Feb. 21, 1933, ch. 110, sec. 31 [70], 47 Stat. 885.)

184. Use of words employed to define offense.—Words used in a law to define a public offense need not be strictly pursued in the

information, but other words conveying the same meaning may be

used.

185. Charging but one ofTense.—The information must charge but one offense. 186. Different counts or alternative means in same count.—The

same offense may be set forth in different forms under different

counts, and when the offense is committed by the use of different

means, the means may be alleged in the alternative in the same

count. 187. Sufficiency of information in general.—The information is sufficient if it can be understood therefrom, that

a. It is entitled in a court having authority to receive it, though

the name of the court be not stated;

b. It is signed and filed by the district attorney of the Canal Zone

c. The defendant is named, or if his name cannot be discovered,

that he is described by a fictitious name, with a statement that his true name is to the district attorney unknown

d. The offense was committed at some place within the jurisdiction of the court, except where the act, though done without the local jurisdiction of the court, is triable therein;

e. The offense was committed at some time prior to the time of

filing the information;

f. The act or omission charged as the offense is clearly and dis- tinctly set forth in ordinary and concise .language, without repeti747
T. 6, § 188] THE CODE OF CRIMINAL PROCEDURE

tion, and in such a manner as to enable a person of common understanding to know what is intended; and

g. The act or omission charged as the offense, is stated with such

a degree of certainty as to enable the court to pronounce judgment

upon a conviction, according to the right of the case. (Feb. 21,

1933, ch. 110, sec. 32 [77, snbd. 2], 47 Stat. 885.)

CliOS s-ReferbnCE

Setting aside the information, see sections 241 to 245 of this title.

188. Construction of words used.—The words used in an information are to be construed in their usual acceptance in common language, except such words and phrases as are defined by law, which

are to be construed according to their legal meaning.

189. Immateriality of formal defects or imperfections.—No

information is insufficient, nor can tlie trial, judgment, or other proceding thereon be affected by reason of an}' defect or imperfection

in matter of form which does not tend to the prejudice of the rights

of the defendant upon its merits.

CKOSS-REFEatENCE Formal defects or imperfections in pleadings or proceedings generally, see

section 162 of this title.

190. Insertion of true name of defendant whenever discovered.—

When a defendant is charged by a fictitious or erroneous name, and

at any stage of the j)roceedings his true name is discovered, it must

be inserted in the subsequent proceedings, referring to the fact of his

being charged by the name mentioned in tlie information.

Cboss-Reference

Directing defendant upon arraignment to declare true name, see section 230

of this title.

191. Allegation as to time of commission of offense.—The precise

time at which the offense was committed need not be stated in the

information, but it may be alleged to have been committed at any

time before tlie finding or filing thereof, except where the time is a material ingredient in the offense. 192. Allegation as to person injured.—When an offense involves

the commi.-siou of. or an attempt to commit, a private injury, and

is described with sufficient certainty in other respects to identify tlie act, an erroneous allegation as to the person injured, or intended to be injured, is not material.

193. Allegation of presumptions of law or matters judicially

noticed.—Neither presumptions of law nor matters of which judicial

notice is taken need be stated in the information.

194. Pleading private law or right derived therefrom.—In pleading a private law, or a right derived therefrom, it is sufficient to refer to the law by its title and the day of its passage, and the court must thereupon take "judicial notice thereof.

748
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 203

195. Charging previous conviction of offenses.—In charging in an information the fact of a previous conviction of felony, or of an attempt to commit an offense which if perpetrated would have

been a felony, or of petit larceny, it is sufficient to state, " That

the defendant, before the commission of the offense charged in this

information, was in (giving the title of the court in which the conviction was had) convicted of a felony (or attempt, and so forth, or of petit larceny)." If more than one previous conviction is charged, the date of the judgment upon each conviction must be

stated, but not more than two previous convictions must be charged

in any one information. (Feb. 21, 1933, ch. 110, sec. 33 [86a],

47 Stat. 885.)

Ckoss-Refei!encks

Punishment for subsequent offenses, see title 5, sections 71 to 76. Finding on charge of previous conviction, see section 413 of this title. 196. Pleading judgment or other proceeding before judge or

officer.—In pleading a judgment or other determination of, or proceeding before a court or officer of special jurisdiction, it is not neces- sary to state the facts constituting jurisdiction; but the judgment

or determination may be stated as given or made, or the proceedings

had. The facts constituting jurisdiction, however, must be established on the trial. 197. Conviction or acquittal of one or more of several defendants.—Upon an information against several defendants any one or more may be convicted or acquitted.

ARTICLE 4.—INFORMATIONS FOR PARTICULAR OFFENSES

Sec. 201. Information for libel. 202. Information for forgery where instru- ment destroyed or withheld.

203. Information for perjury or subornation of perjury.

Sec. 204.

20.5.

Information for larceny or embezzle- ment of money or securities. Information for selling obscene books

or papers.

201. Information for libel.—An information for libel need not set forth any extrinsic facts for the purpose of showing the application

to the party libeled of the defamatory matter on which the information is founded; but it is sufficient to state generally that the same was published concerning him, but the fact that it was so published

must be established at the trial. 202. Information for forgery where instrument destroyed or withheld.—"V^Hien an instrument which is the subject of an information for forgery has been destroyed or withheld by the act or procurement of the defendant, and the fact of such destruction or withholding is alleged in the information, and established on the trial,

the misdescription of the instrument is immaterial.

203. Information for perjury or subornation of perjury.—In an

information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect

to which the offense was committed, and in what court and before

whom the oath alleged to be false was taken, and that the court or the person before whom it was taken, had authority to administer it.

749
T. G, § 204] THE CODE OF CRIMINAL PROCEDURE

with proper allegations of the falsity of the matter on which the

perjury is assigned; but the information need not set forth the

pleadings, record or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom

the perjury was committed.

204. Information for larceny or embezzlement of money or

securities.—In an information for the larceny or embezzlement of

money, bank notes, certificates of stock or valuable securities, or for

a conspiracy to cheat or defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat or defraud, to be of money, bank notes, certificates of stock or

valuable securities, without specifying the coin, number, denomination or kind thereof.

205. Information for selling obscene books or papers.—An in- formation for exhibiting, publishing, passing, selling, or offering to

sell, or having in possession with such intent, any obscene book,

pamphlet, picture, print, card, paper or writing, need not set forth

any portion of the language used or figures shown upon such book,

pamphlet, picture, print, card, paper or writing; but it is sufficient to state generally the fact of the obscenity thereof.

ARTICLE 5.

Sec.

-PRINCIPALS AND ACCESSORIES; PROSECUTION, TRIAL

AND PUNISHMENT

211. Prosecution as principals of all per- sons concerned in felony.

Sec. 212. Prosecution of accessory to felony though principal not prosecuted. 211. Prosecution as principals of all persons concerned in

felony.—All persons concerned in the commission of a felony, whether

they directly commit the act constituting the offense or aid in abetting its commission, shall be prosecuted, tried and punished as principals, and no other fact need be alleged in the information against

them other than is required in the information against the principal.

Ceoss-Refehience

Principles and accessories, see title 5, sections 51 to 55.

212. Prosecution of accessory to felony though principal not

prosecuted.—An accessory to the commission of a felony may be

prosecuted, tried and punished though the principal may be neither

prosecuted nor tried. CHAPTER 12.—PLEADINGS AND PROCEEDINGS AFTER INFORMATION FILED AND BEFORE COMMENCEMENT OF TRIAL

Art. Sec.

1. Arraignment of the defendant 221

2. Setting aside the information 241

3. Demurrer ; amendment of information 251

4. Plea 271

Art. Sec.

r>. Rpmoval of the action before trial. 291

6. The mode of trial 301

7. The calendar of pending actions 311

S. I'roparation for, and postponement

of, trial 321 Cross-Re:feeences Compromising certain offenses by leave of court, see sections 801 to 804 of

this title. Dismissal of action, see sections 791 to 795 of this title. Inquiry into sanity of deien'iant before trial or after conviction, see sections 811 to 816 of this title. 750
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 226 ARTICLE 1.—ARRAIGNMENT OF THE DEFENDANT

Sec. 221. Necessity of arraignment on Information. 222. rresence of defendant on arraignment.

223. Bringing defendant before court if in custody.

224. Failure of defendant on bail to ap- pear ; bencli warrant.

225. Issuance of bench warrant at any

time after order.

226. Form of bench warrant.

Sec. 227. Service of bench warrant in either

division. 22S. Right of defendant to counsel.

229. Making of arraignment.

230. Directing defendant to declare his true name.

231. Riglit to reasonable time to answer.

232. Answering upon arraignment by motion, demurrer or plea.

Section 221. Necessity of arraignment on information.—After

the filing of an information, the defendant must, if the offense is a felony, be arraigned before the division of the district court in which the information is filed, unless the cause is transferred t<t the other division for trial. If the offense is a misdemeanor the defendant need not be arraigned, but when the trial begins the clerk

shall read the information. (Feb. 21, 1933, ch. 110, sec 44 [125],

47 Stat. 886.)

222. Presence of defendant on arraignment.—The defendant

must be personally present on arraignment for a felony. (Feb. 21,

1933, ch. 110, sec 44 [125], 47 Stat. 886.)

223. Bringing defendant before court if in custody.—Wlien the

personal appearance of the defendant is necessary, if he is in custody,

the court may direct, and the officer in wdiose custody he is must bring

him before it to be arraigned.

224. Failure of defendant on bail to appear; bench warrant.—

If the defendant has been discharged on bail, or has deposited money

in lieu thereof, and does not appear to be arraigned when his per- sonal attendance is necessary, the court, in addition to the forfeiture

of the undertaking of bail or of the money deposited, may direct the

clerk to issue a bench warrant for his arrest. 225. Issuance of bench warrant at any time after order.—The

clerk, on application of the district attorney, may, at any time after

the order, wdiether the court is sitting or not, issue a bench warrant

for the arrest of the defendant.

226. Form of bench warrant.—The bench warrant upon the in- formation must be substantially in the following form

In the United States District Court for the District of the

Canal Zone, Division of

The Government of the Canal Zone.

BENCH WARRANT

To the Marshal or ant peace officer of the Canal Zone : An information having been filed on the day of

A.D. , in the division of the United States District

Court for the District of the Canal Zone, charging with

the crime of , you are therefore commanded

(designating it generally)

forthwith to arrest the above-named and bring him

before the court (or if the information has been sent to the other

751
T. 6, § 227] THE CODE OF CRIMINAL PROCEDURE

division, that division must be named as the place to bring the

defendant) to answer said information; or if the court be not in

session, that you deliver him into the custody of the warden of

said district. Given under my hand with the seal of the court affixed, this

day of , A.D.

By order of the Court.

[seal]

Clerk of the Court.

(Feb. 21, 1933, ch. 110, sec. 45 [129], 47 Stat. 886.)

227. Service of bench warrant in either division.—A bench warrant may be served in either division of the Canal Zone.

228. Right of defendant to counsel.—If the defendant appears

for arraignment without counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must

be asked if he desires the aid of counsel. If he desires and is unable

to employ counsel, the court may, subject to the provisions of section

43 of title 7, assign counsel to defend him. (Feb. 21, 1933, ch. 110,

sec. 46 [134], 47 Stat. 887.)

229. Making of arraignment.—The arraignment must be made

by the district attorney and consists in reading the information to the defendant and delivering to him a copy thereof, and of the

indorsements thereon including the list of witnesses, whereupon

the court asks him whether he pleads guilty or not guilty to the

information.

230. Directing defendant to declare his true name.—When the

defendant is arraigned he must be informed that if the name by

which he is prosecuted is not his true name he must then declare his true name or be proceeded against by the name in the information.

If he gives no other name the court may proceed accordingly; but if he alleges that another name is his true name the court must direct an entry thereof in the minutes of the arraignment and the subsequent proceedings on the information may be had against him by

that name, referring also to the name by which he was first charged

therein.

Cross-Kefeubi\cb

Insertion of true name when cliwoverotl, see section 190 of tliis title. 231. Right to reasonable time to answer.—If the defendant re- quires it upon arraignment, he must be allowed a reasonable time,

not less tlian one day, to answer the information.

232. Ansv/ering upon arraignment by motion, demurrer or

plea.—In answer to the arraignment the defendant may move to set aside, demur or plead to the information. The only pleading on

the part of the defendant is either a demurrer or a plea. Both

the demurrer and plea must be made in open court either at the

time of tlic arraignment or at such other time as may be allowed

to the defendant for that purpose.

752
THE CODE OF CRIMINAL PROCEDVUE [T. G, § 251 ARTICLE 2.—SETTING ASIDE THE INFORIMATION

Sec. 241. Ground for sotting aside information.

242. Waiver of objection. 243. Hearing and determination of motion.

Sec. 244.

24.5.

Effect of direction that new information be filed. Order no bar to future prosecution.

241. Ground for setting aside information.—When the information is not subscribed by the district attorney, it must be set aside

by the court in which tlie defendant is arraigned, upon liis motion.

(Feb. 21, 1933, ch. 110, sec. 47 [138], 47 Stat. 887.)

242. Waiver of objection.—If the motion to set aside the information is not made, the defendant is precluded from afterward tai<;ing

the objection.

243. Hearing and determination of motion.—The inotion must be

heard at the time it is made unless for cause the court postpones the

hearing to another time. If the motion is denied the defendant

must innnediately answer the information either by demurring or pleading thereto. If the motion is granted the court must order that

the defendant, if in custody, be discharged therefrom ; or, if admitted

to bail, that his bail be exonerated; or, if he has deposited money

instead of bail, that the same be refunded to him, unless it directs

that an information be filed by the district attorney. (Feb. 21, 1933,

ch. 110, sec. 48 [140], 47 Stat.* 887.)

244. Effect of direction that new information be filed.—If the court directs a new information to be filed the defendaut, if already

in custody, must so remain unless he is admitted to bail or, if al- ready admitted to bail or if money has been deposited in lieu thereof,

the bail or money is ansAverable for the appearance of the defendant

to answer the new information; but unless the new information is filed within fifteen daj^s, the court must order the defendant dis- charged unless for special reason the court extends the time for the

filing of the information.

245. Order no bar to future prosecution.—An order to set aside an information, as provided in this article, is no bar to a futui'e prosecution for the same oifense.

ARTICLE 3.—DEMURRER; AMENDMENT OF INFORMATION

Sec. 251. Demurrer defined. 252. Grounds for demurrer.

253. Requisites of demurrer.

254. Argument on demurrer.

255. Judgment on demurrer.

256. Effect of allowance of demurrer.

257. Amendment of information.

Sec. 258. Effect of failure to permit amendment

or authorize new information.

259. Permitting defendant to plead where

aemurrer disallowed.

260. Necessity of making certain objections

by motion or demurrer.

251. Demurrer defined.—A demurrer is an allegation that, admitting the facts as stated in the information, such facts do not constitute an offense against the law whereby the defendant should be

put on trial. Cros.s-Refep.ence

Answering upon arraignment by motion, demurrer or plea, see section 232

of this title.

753
T. 6, § 252] THE CODE OF CRIMINAL PROCEDURE

252. Grounds for demurrer.—The defendant may demur to the

information, when it appears on the face thereof either that:

a. It does not substantially conform to the requirements of this

title;

b. More than one offense is charged

c. The facts stated do not constitute a public offense; or

d. It contains any matter which if true would constitute a legal

justification or excuse of the offense charged, or other legal bar to the

prosecution.

253. Requisites of demurrer.—The demurrer must be in writing,

signed either by the defendant or his counsel, and filed. It must dis- tinctly specify the grounds of objection to the information, or it must be disregarded.

254. Argument on demurrer.—Upon the demurrer being filed the

argument upon the objection presented thereby must be heard either

immediately or at such time as the court may appoint.

255. Judgment on demurrer.—Upon considering the demurrer

the court must give judgment either allowing or disallowing it and

an order to that effect must be entered upon the minutes.

256. Effect of allowance of demurrer.—If a demurrer is allowed,

the judgment is final upon the information demurred to, and is a bar to another prosecution for the same offense, unless the court,

being of the opinion that the objection on which the demurrer is sustained may be avoided in a new information, directs a new information to be filed. (Feb. 21, 1933, ch. 110, sec. 49 [150], 47 Stat.

887.)

257. Amendment of information.—An information may be

tnnended by the district attorney without leave of court, at any time

before the defendant pleads. Such amendment may be made at any

time thereafter, in the discretion of the court, where it can be done

without prejudice to the substantial rights of the defendant, (Feb.

21, 1933, ch. 110, sec. 49 [150], 47 Stat. 887.)

Ckoss-Referenoe

New information where defendant discharged for lack of jurisdiction or

failure to charge offense, see section 388 of this title. 258. Effect of failure to permit amendment or authorize new in- formation.—If the court does not permit the information to be

amended nor direct that a new information be filed, the defendant,

if in custody, must be discharged, or if admitted to bail, his bail is exonerated, or if he has deposited money instead of bail, the money

must be refunded to him.

259. Permitting defendant to plead where demurrer disallowed.—If the demurrer is disallowed, the court must permit the

defendant, at his election, to plead, which he must do forthwith

or at such time as the court may direct. 260. Necessity of making certain objections by motion or de- murrer.—When the objections appear on the face of the information they can only be taken advantage of by motion or demun-er,

754
TBi: CODE OF CRIMINAL PROCEDURE [T. 6, § 275 except that the objection to the jurisdiction of the court over the

subject of the information, or that the facts stated do not constitute

a public offense, may be taken at the trial under the plea of not

guilty or after the trial in arrest of judgment.

ARTICLE 4.—PLEA

Sec. 271. The different kinds of pleas.

liTii. I'leas oral ; form of entry on minutes.

273. Entry and withdrawal of plea of

guilty. 274. Issues arising from plea of not guilty. 275. Defenses admissible under plea of not

guilty. 27G. Former acquittal other than on merits.

Sec. 277. Former acquittal on merits.

278. Conviction, acquittal or jeopardy as

bar. 279. Entry of plea when defendant re- fuses to answer.

280. Pica and procedure on charge of pre- vious conviction.

271. The different kinds of pleas.—There are four kinds of pleas

to an information. A plea of

a. Guilty;

b. Not guilty;

c. A former judgment of conviction or acquittal of the offense

charged, which may be pleaded either with or without the plea of not guilty; and

d. Once in jeopardy.

Ceoss-References

Answering upon arraignment by motion, demurrer or plea, see section 232

of tliis title. Former conviction or acquittal, s'ee .section 8 of this title ; and title 1, section 1. 272. Pleas oral; form of entry on minutes.—Every plea must be

oral and be entered upon the minutes of the court in substantially

the following form

a. If the defendant pleads guilty : " The defendant pleads that he

is guilty of the offense charged; "

b. If he pleads not guilty : " The defendant pleads that he is not

guilty of the offense charged; "

c. If he pleads a former conviction or acquittal : " The defendant

pleads that he has already been convicted (or acquitted) of the offense

charged by the judgment of the court of (naming it), ren- dered at (naming the place), on the day of

";and

d. If he pleads once in jeopardy : " The defendant pleads that he

has been in jeopardy for the offense charged (specifying the time,

place, and court)."

273. Entry and withdrawal of plea of guilty.—A plea of guilty can be entered only by the defendant himself in open court, unless

upon information against a corporation in which case it may be put

in by counsel. The court may at any time before judgment upon a plea of guilty permit it to be withdrawn and a plea of not guilty

substituted.

274. Issues arising from plea of not guilty.—The plea of not

guilty puts in issue every material allegation of the information.

275. Defenses admissible under plea of not guilty.—All matt(?rs

of fact tending to establish a defense, other than those specified

755
T. 6, § 276] THE CODE OF CRIMINAL PROCEDURE

in paragraphs c and d of section 271 of this title, may be given

in evidence under a plea of not guilty,

276. Former acquittal other than on merits.—If the defendant was formerly acquitted on the ground of variance between the in- formation and the proof, or the information was dismissed upon an

objection to its form or substance, or in order to hold the defendant

for a higher offense, without a judgment of acquittal, it is not an

acquittal of the same offense. 277. Former acquittal on merits.—Whenever the defendant is acquitted on the merits he is acquitted of the same offense notwithstanding any defect in form or substance in the information on which

the trial was had.

278. Conviction, acquittal or jeopardy as bar.—When the defendant is convicted or acquitted, or has been once placed in jeopardy

upon an information, the conviction, acquittal or jeopardy is a bar

to another information for the offense charged in the former, or

for an attempt to commit the same, or for an offense necessarily in- cluded therein, of which he might have been convicted under that

information.

279. Entry of plea when defendant refuses to answer.—If the

defendant refuses to answer the information by demurrer or plea,

a plea of not guilty must be entered.

280. Plea and procedure on charge of previous conviction.—

When a defendant who is charged in the information with having

suffered a previous conviction, pleads either guilty or not guilty of

the offense for which he is informed against, he must be asked

whether he has suffered such previous conviction. If he answers

that he has, his answer must be entered by the clerk in the minutes

of the court, and must, unless withdrawn by consent of the court, be

conclusive of the fact of his having suffered sucli previous conviction in all subse(iuent proceedings. If he answers that he has not,

his answer must be entered by the clerk in the minutes of the court,

and the question whether or not he has suffered such previous conviction must be tried by the court or jury which tries the issue upon

the plea of not guilty, or in case of a ]jiea of guilty, by the court

or a jury impaneled for that purpose. The refusal of the defendant

to answer is equivalent to a denial that lie has suffered such previous

conviction. In case the defendant pleads not guilty, and answers

that he has suffered the previous conviction, the charge of the previ- ous conviction must not be read to the court or jurv, nor alluded to on the trial. (Feb. 21, 1933, ch. 110, sec. 50 [lG3a], 47 Stat. 887.)

ARTK'LP] f).—REMOVAL OF THE ACTION BEFORE TRIAL

Sec. 291. Ground for removal in general. 292. Aiiplication for removal.

293. Ordering transfer upon application of

def(>ndant. 294. Ordoring transfer upon agreement of

parties.

Sec.

29'i. Order wlien defendant in custody.

2i)G. Transmission of copy of order and

proceedings to other division. 297. Obtaining original pleadings or papers where necessary.

29S. Trial and judgment after removal. 291. Ground for removal in general.—A criminal action may on

the application of the defeiulant be removed from the division or

756
THE CODE OF CRIMINAL PROCEDURE [T. 6, §298

subdivision in which it is pending, on the ground that a fair and

impartial trial cannot be had in that division or subdivision.

Ceoss-Rkfkrence Venue of offenses, see section 13 of this title.

292. Application for removal.—The application must be made in

open court and must be in writing and verified by the affidavit of

the defendant. A copy of the application must be served upon the

district attorney at least one day prior to the hearing thereof. W^ien

the affidavit shows that the defendant cannot safely appear in per- son to make the application because popular prejudice is so great as

to endanger his personal safety, and that statement is sustained by

other testimony, the application may be made by his attorney and

shall be heard and determined in the absence of the defendant even though the charge then pending against him is a felony and he has

not at the time of the application been arrested, given bail, been

arraigned, or pleaded or demurred to the information.

293. Ordering transfer upon application of defendant.—If the court is satisfied that the representations of the applicant are true, an order must be made and entered upon the minutes, transferring

the action to the other division or subdivision.

294. Ordering transfer upon agreement of parties.—The court may also order the removal of the action from one division to the

other upon the agreement of the parties. (Feb. 21, 1933, ch. 110,

sec. 51 [169a], 47 Stat. 888.)

295. Order when defendant in custody.—If the defendant is in

custody the order must direct his removal and he must be forthwith removed by the warden where he is imprisoned to the custody

of the warden of the division or subdivision to which the action is removed.

296. Transmission of copy of order and proceedings to other

division.—Upon the entering of an order of removal the clerk must

immediately make out and transmit to the division or subdivision to which the action is removed a certified copy of the order of removal,

record, pleadings and proceedings in the action, including the undertakings for the appearance of the defendant and of the witnesses.

297. Obtaining original pleadings or papers where necessary.—

If it is necessary to have any of the original pleadings or other

papers before the division or subdivision to which the action is removed, the other division or subdivision must at any time, upon

application of the district attorney or the defendant, order such

papers or pleadings to be transmitted by the clerk, a certified copy

thereof being retained.

298. Trial and judgment after removal.—The division or subdivision to which the action is removed must proceed to trial and

judgment as if the action had been commenced therein.

787
T.6. §301] THE CODE OF CRIMINAL PROCEDURE

ARTICLE 6.—THE MODE OF TRIAL

Sec. 301. Pleas uiion which issues of fact arise. 302. Trial of issues of fact by jury unless waived.

Sec. 303. Number of jurors. 304. Presence of defendant at trial.

301. Pleas upon which issues of fact arise.—An issue of fact

arises

a. Upon a plea of not guilty;

b. Upon a plea of a former conviction or acquittal of the same

offense; and

c. Upon a plea of once in jeopardy. (Feb. 21, 1933, ch. 110, sec. 52 [170], 47 Stat. 888.)

302. Trial of issues of fact by jury unless waived.—Issues of

fact in criminal cases within the original jurisdiction of the district court must be tried by jury, unless a trial by jury is waived. (Feb.

21, 1933, ch. 110, sec. 53 [171], 47 Stat. 888.)

Ceoss-Reperences

Juries and jury trials, see title 7, sections 33 to 35. Challenging the jury, see sections 331 to 337 of this title. IModes of convict' on of offenses, see section 15 of this title. 303. Number of jurors.—All criminal cases in the district court

in which a jury is had, shall be tried by a jury of twelve. (Feb. 21,

1933, ch. 110, sec. 75 [209b], 47 Stat. 893.)

304. Presence of defendant at trial.—If the prosecution is for a felony the defendant must be personally present at the trial. If the

prosecution is for a misdemeanor the trial may be had in the

absence of the defendant; but if his presence is necessary for the

purpose of identification the court may, ujjon application of the district attorney, by an order or warrant, require the personal attend- ance of the defendant at the trial. Csoss-Refeeences Presence of defendant at verdict and judgment, see sections 404 and 486 of

this title. Presence at trial in magistrate's court, see section 126 of this title. ARTICLE 7.—THE CALENDAR OF PENDING ACTIONS

Sec. 311. Keeping by cleric of calendar of pending actions.

Sec. 312. Order in which pending prosecutions

tried. 311. Keeping by clerk of calendar of pending actions.—The

clerk must keep a calendar of all criminal actions pending in the

court, enumerating them according to the date of the filing of the

information, specifying opposite the title of each action whether it is for a felony or a misdemeanor, and whether the defendant is in

custody or on bail. 312. Order in which pending prosecutions tried.—The issues on

the calendar must be disposed of in the following order, unless for

good cause the court shall direct an action to be tried out of its order

a. Prosecutions for felony when the defendant is in custody;

758
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 331

b. Prosecutions for misdemeanor when the defendant is in custody

c. Prosecutions for felony when the defendant is on bail; and

d. Prosecutions for misdemeanor when the defendant is on bail. ARTICLE 8.—PREPARATION FOR, AND POSTPONEMENT OF, TRIAL

Sec. 321. Right of defendant to time to prepare

for trial.

Sec. 322. Postponement of trial.

321. Right of defendant to time to prepare for trial.—After his

plea the defendant is entitled to at least two days to prepare for

trial. (Feb. 21, 1933, ch. 110, sec. 54 [175], 47 Stat. 888.)

322. Postponement of trial.—When an action is called for trial, or at any time previous thereto, the court may upon sufficient cause

direct the trial to be postponed to another day.

CHAPTER 13.—PROCEEDINGS AFTER THE COMMENCEMENT OF THE

TRIAL AND BEFORE JUDGMENT

Art. Sec.

1. Challenging the jury 331

2. The trial 361

3. The verdict 401

4. Exceptions 431

•5. Bill of exceptions 441

6. New trials 451

7. Arrest of judgment 461

Orgss-Refeeences

Dismissal of action, see sections 791 to 795 of ttiis title. Disposal of property stolen or embezzled and recovered, see sections 821

to 827 of this title. Inquiry into insanity of defendant before or during trial or after conviction, see sections 811 to 816 of this title. Mode of trial, see sections 301 to 304 of this title. ARTICLE 1.—CHALLENGING THE JURY

Sec. 331. Definition and kinds of challenge.

332. Necessity that several defendants join

in challenges. Panel defined. Challenge to panel defined. Grounds of challenge to panel. Time and method of challenge to panel. Exception to challenge to panel. Determination on exception to chal- lenge to panel. 339. Denial of challenge and trial thereon.

340. Challenge for bias of summoning

officer. Efl'ect of determination upon exception to or denial of challenge. Informing defendant as to time to challenge individual juror. Kinds of challenge to individual juror.

333.

334.

335.

336. 337.

338.

.341. 342.

343.

Sec. 344. Time for challenge to individual juror. 345. Peremptory challenge.

346. Number of peremptory challenges;

v^aiver. 347. Challenge for cause ; kinds.

348. General causes of challenge.

349. Implied and actual bias. 350. Challenge for implied bias. 351. Exemption from service as cause of challenge. 352. Stating causes of challenge.

353. Exception to or denial of challenge.

354. Trial of challenge.

355. Examination of juror challenged.

356. Examining other witnesses.

357. Allowance or disallowance of chal- lenge.

Section 331. Definition and kinds of challenge.—A challenge is an objection made to the trial jurors, and is of two kinds:

a. To the panel; and

b. To an individual juror. (Feb. 21, 1933, ch. 110, sec. 55 [176al,

47 Stat. 888.)

Ckoss-Refeeences

Right to trial by jury, see section 302 of this title. Selection, summoning, serving and compensation of jurors, see title 7, sec- tions 33 to 35.

759
T. 6, § 332] THE CODE OF CRIMINAL PROCEDURE

332. Necessity that several defendants join in challenges.—Wlien

several defendants are tried together they cannot sever their challenges, but must join therein. (Feb. 21, 1933, ch. 110, sec. 55 [176b],

47 Stat. 888.)

333. Panel defined.—The panel is a list of jurors to serve for a particular period or for the trial of a particular action. (Feb. 21,

1933, ch. 110, sec. 55 [176c], 47 Stat. 888.)

334. Challenge to panel defined.—A challenge to the panel is an

objection made to all the jurors returned, and may be taken by

either party. (Feb. 21, 1933, ch. 110, sec. 55 [176d],' 47 Stat. 888.)

335. Grounds of challenge to panel.—A challenge to the panel can be founded only on a material departure from the forms prescribed in respect to the drawing and return of the jury, or on the

intentional omission of the marshal to summon one or more of the

jurors drawn. (Feb. 21, 1933, ch. 110, sec. 55 [176e], 47 Stat. 888.)

336. Time and method of challenge to panel.—A challenge to the

panel must be taken before a juror is sworn and must be in writing

or be noted by the reporter, and must plainly and distinctly state the facts constituting the ground of challenge. (Feb. 21, 1933, ch. 110, sec. 55 [176f], 47 Stat. 888.)

337. Exception to challenge to panel.—If the sufficiency of the

facts alleged as ground of the challenge is denied the adverse partT

may except to the challenge. The exception need not be in writing

but must be entered on the minutes of the court or of the reporter

and thereupon the court must proceed to try the sufficiency of the

challenge, assuming the facts alleged therein to be true. (Feb. 21,

1933, ch. 110, sec. 55 [l76g], 47 Stat. 888.)

338. Determination on exception to challenge to panel.—If on

exception the court finds the challenge sufficient it may if justice

requires it permit the party excepting to withdraw his exception

and to deny the facts alleged in the challenge. If exception is allowed the court may in like manner permit an amendment of the

challenge. (Feb. 21, "j 933, ch. 110, sec. 55 [l76h], 47 Stat. 888.)

339. Denial of challenge and trial thereon.—If the challenge is denied the denial may be oral and must be entered on the minutes

of the court or of the reporter and the court must proceed to try

the question of fact. Upon such trial the officers, whether judicial or

ministerial, whose irregularity is complained of, as well as any other

persons, may be examined to prove or dis]:)rove the facts alleged as the ground of the challenge. (Feb. 21, 1933, ch. 110, sec. 55 [176i],

47 Stat. 889.)

340. Challenge for bias of summoning officer.—When the panel

is formed from persons whose names are not drawn as jurors, a challenge may be taken to the i)anel on account of any bias of the

officer who summoned them which would be good ground of challenge

to a juror. Such chaHenge must be made in the same form and

determined in the same manner as if made to a juror. (Feb. 21,

1933, ch. 110, sec. 55 [176j], 47 Stat. 889.)

760
THE CODE OF CRIMINAL PROCEDURE [T. 6. § 348

341. Eflfect of determination upon exception to or denial of

challenge.—If, either upon an exception to the challenge or a denial

of the facts, the challenge is allowed, the court must discharge

the jury so far as the trial in question is concerned. If it is dis- allowed, the court must direct the jury to be impaneled. (Feb. 21,

1933, ch. 110, sec. 55 [176k], 47 Stat. 889.)

342. Informing defendant as to time to challenge individual

juror.—Before a juror is called the defendant must be informed by

the court, or under its direction, that if he intends to challenge an

individual juror he must do so when the juror appears and before

he is sworn. (Feb. 21, 1933, ch. 110, sec. 55 [1761], 47 Stat. 889.)

343. Kinds of challenge to individual juror.—A challenge to an

individual juror is either

a. Peremptory; or

b. For cause. (Feb. 21, 1933, ch. 110, sec. 55 [I76m], 47 Stat. 889.)

344. Time for challenge to individual juror.—It must be taken

when the juror appears and before he is sworn to try the cause; but the court may for cause permit it to be taken after the juror is sworn and before the jury is completed. (Feb. 21, 1933, ch. 110.

sec. 55 [176n], 47 Stat. 889.)

345. Peremptory challenge.—A peremptory challenge can be taken

by either party and may be oral. It is an objection to a juror for

which no reason need be given but upon which the court must exclude

him. (Feb. 21, 1933, ch. 110, sec. 55 [176o], 47 Stat. 889.)

346. Number of peremptory challenges; waiver.—Upon a trial by jury each side shall be entitled to six peremptory challenges. A

waiver of a challenge by either party shall preclude such party

except by consent of court from thereafter challenging peremptorily

any juror then in the jury box, and the remaining challenges of such

party shall be limited to jurors thereafter called. (Feb. 21, 1933, ch. 110, sec. 55 [176oo], 47 Stat. 889.)

347. Challenge for cause; kinds.—A challenge for cause may be

taken by either party. It is an objection to a particular juror, and

is either

a. General—that the juror is disqualified from serving in any

case; or

b. Particular—that he is disqualified from serving in the action on trial. (Feb. 21, 1933, ch. 110, sec. 55 [176p], 47 Stat. 889.)

348. General causes of challenge.—General causes of challenge

are:

a. A conviction of felony;

b. A want of any of the qualifications prescribed by law to render

a person a competent juror; and

c. Unsoundness of mind or such defect in the faculties of the mind

or organs of the body as to render him incapable of performing the

duties of a juror. (Feb. 21, 1933, ch. 110, sec. 55 [176q], 47 Stat.

889.)

93083—34 49 761
T. 6, § 349] THE CODE OF CRIMINAL PROCEDURE

349. Implied and actual bias.—Particular causes of challenge are of two kinds

a. P'or such a bias as, when the existence of the facts is ascertained,

in judgment of law disqualifies the juror, and which i,s knov>^n in this

title as implied bias; and

b. For the existence of a state of mind on the part of the juror

in reference to the case, or to either of the parties, which will pre- vent him from acting with entire impartiality and without prejudice

to the substantial rights of either party, which is known in this title as actual bias. But no person shall be disqualified as a juror by

reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor,

statements in public journals, or common notoriety, if it appears to the court upon his declaration under oath or otherwise that he can and will notwithstanding such an opinion act impartially and fairly

upon the matters to be submitted to him. (Feb. 21, 1933, ch. 110.

sec. 55 [176r, 176u], 47 Stat. 889.)

350. Challenge for implied bias.—A challenge for implied bias

may be taken for all or any of the following causes, and for no other

a. Consanguinity or affinity within the fourth degree to the person

alleged to be injured by the oflense charged, or on whose complaint

the prosecution was instituted, or to the defendant;

b. Standing in the relation of guardian and ward, attorney and

client, master and servant, or landlord and tenant, or being a member

of the family of the defendant, or of the person alleged to be injured

by the offense charged or on whose complaint the pros.ecution was

instituted, or in his employment on wages

c. Being a party adverse to the defendant in a civil action, or having complained against or been accused by him in a criminal

prosecution

d. Having served on a trial jury which ha,s tried another person

for the offense charged

e. Having been one of a jury formerly'' sworn to try the same

charge, and whose verdict was set aside, or which was discharged

without a verdict after the case was submitted to it

f. Having served as a juror in a civil action brought against the

defendant for the act charged as an offense ; and

g. If the offen,se charged be punishable with death, the enter- taining of such conscientious opinions as would preclude his finding

the defendant guilty; in which case he must neither be permitted nor compelled to serve as a juror. (Feb. 21, 1933, ch. 110, sec. 55 [176s],

47 Stat. 890.)

351. Exemption from service as cause of challenge.—An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted. (Feb. 21, 1933, ch. 110, sec. 55 [176t],

47 Stat. 890.)

352. Stating causes of challenge.—In a challenge for implied bias, one or more of the causes stated in section 350 of this title must be

alleged. In a challenge for actual bias, the cause stated in paragraph b of section 349 of this title must be alleged. Tlic challenge

762
THE CODE OF CRIMINAL PROCEDUh'E [T. 6, § 3G1 may be oral, but must be entered in the minutes of the court or of the

reporter. (Feb. 21, 1933, ch. 110, sec. 55 [176u], 47 Stat. 890.)

353. Exception to or denial of challenge.—The adverse party may

except to the challenge in the same manner as to a challenge to the

panel, and the same proceedings must be had thereon as are prescribed in section 337 of this title, except that if the exception be

allowed the juror must be excluded. The adverse party may also orally denv the facts alleged as the ground of challenge. (Feb. 21,

1933, ch. liO, sec. 55 [176v], 47 Stat. 890.)

354. Trial of challenge.—If the facts are denied the challenge must

be tried by the court. (Feb. 21, 1933, ch. 110, sec. 55 [176w], 47 Stat.

890.)

355. Examination of juror challenged.—Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or disprove the challenge and must answer

every question pertinent to the inquiry. (Feb. 21, 1933, ch. 110, sec. 55 [176x], 47 Stat. 890.)

356. Examining other witnesses.—Other witnesses may also be

examined on either side, and the rules of evidence applicable to the

trial of other issues govern the admission or exclusion of evidence on

the trial of the challenge. (Feb. 21, 1933, ch. 110, sec. 55 [176y],

47 Stat. 890.)

357. Allowance or disallowance of challenge.—The court must

allow or disallow the challenge, and its decision must be entered in

the minutes of the court. (Feb. 21, 1933, ch. 110, sec. 55 [176z],

47 Stat. 890.)

ARTICLE 2.—THE TRIAL

Sec. 361. Older of trial. 362. Exclusion or separation of witnesses.

363. Presumption of innocence ; reasonable

doubt.

364. Reasonable doubt as to degree of of- fense committed.

365. Trial of defendants jointly charged.

366. Discharging one of defendants to be Government witness.

367. Discharging one of defendants to be

flefense witness.

368. Such discharges as bar to another

proseciition. 369. Rules of evidence in general.

370. Direct examination ; cross-examination.

371. Impeachment and contradiction of own

witness. 872. Impeachment of opposing witness in general. 373. Impeachment by showing prior inconsistent statements.

374. Manifestations and presumptions as to intent. 375. Proof of intent to defraud.

376. Corroboration of woman upon a trial for abortion or seduction.

Sec. 377. Proof upon trial for bigamy.

378. Proof of overt act on trial for conspiracy. 379. Proof of false pretenses. 380. Proof of forgery of bank bill or note. 381. Proof upon trial for larceny or embezzlement of money or securities. 382. Proof upon trial for violation of lot- tery laws.

383. Proof of murder or manslaughter.

384. Burden of establishing mitigation or

justification upon trial for murder.

385. Proof of perjury in general. 386. Use of person's testimony as witness in

his prosecution for perjury.

387. Corroboration of testimony of accomplice. 388. Discharge of defendant for lack of

jurisdiction or failure to charge

offense. 389. View of premises by jury. 390. Number of counsel who may argue

cause.

391. Holding defendant in custody after ap- pearance for trial. 392. Costs in the district court. 361. Order of trial.—The trial shall be conducted in the following

order unless otherwise directed by the court:

a. The district attorney or other counsel for the Government must

open the cause and offer the evidence in support of the charge

763
T. 6, § 362] THE CODE OF CRIMINAL PROCEDURE

b. The defendant or his counsel may then open the defense and

offer his evidence in support thereof

c. The j)arties may then respectively offer rebutting testimony

only, unless the court for good reason in furtherance of justice per- mits them to offer evidence upon their original case ; and

d. When the evidence is concluded unless the case is submitted on

either side or on both sides without argument, the district attorney

or other counsel for the Government and counsel for the defendant

may argue the case; the district attorney or other counsel for the

Government opening the argument and having the right to close. (Feb. 21, 1933, ch. 110, sec. 56 [177, subd. 3], 47 Stat. 890.)

Cross-Refekences

Establishment and jurisdiction of district court, see title 7, sections 21 to 26. Mode of trial, see sections 301 to 304 of this title. Trial of accessories, see sections 211 and 212 of this title. 362. Exclusion or separation of witnesses.—While a witness is under examination the court may exclude all witnesses who have not been examined. It may also cause the witnesses to be kept separate

and to be prevented from conversing with each other until they are examined.

363. Presumption of innocence; reasonable doubt.—A defendant

in a criminal action is presumed to be innocent until the contrary is proved and in case of a reasonable doubt as to his guilt is entitled to an acquittal.

364. Reasonable doubt as to degree of offense committed.—

When it appears that the defendant has committed a public offense,

and there is reasonable ground of doubt in which of two or more

degrees he is guilty, he can be convicted of the lowest of such degrees

only.

365. Trial of defendants jointly charged.—When two or more

defendants are jointly charged with a felony, any defendant requiring it must be tried separatel}^ In other cases the defendants jointly

charged may be tried separately or jointly, in the discretion of the

court.

CROSS-REFEIiEN CE Joinder in challenges to jury by defendants tried togetlier, see section 332 of

this title. 366. Discharging one of defendants to be Government witness.—

When two or more persons are included in the same charge, the court may, at any time before the defendants have adduced testi- mony in defense, on the application of the district attorney, direct

any defendant to be discharged, that he may be a witness for the

Government.

367. Discharging one of defendants to be defense witness.—

When two or more persons are included in the same information, and

the court is of opinion that in regard to a particular defendant there

is not sufficient evidence to put him on his defense, it must order him

to be discharged before the evidence for the defense is closed, that he

may be a witness for his codefendant.

764
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 376

368. Such discharges as bar to another prosecution.—The order

mentioned in the two next preceding sections is an cacquittal of the

defendant discharged and a bar to another prosecution for the same

offense. 369. Rules of evidence in general.—The rules of evidence in civil actions are applicable also to criminal actions, except as otherwise

provided in this title. (Feb. 21, 1933, ch. 110, sec. 57 [184a], 47

Stat. 891.)

CkOSS-RBFB31ENCE8

CoiuiDetency of witnesses, see sections 671 to 673 of this title. Rules of evidence in civil actions, see title 4, sections 1841 et seq. 370. Direct examination; cross-examination.—The examination

of a witness by the party producing him is denominated the direct

examination; the examination of the same witness upon the same

matter by the adverse party, the cross-examination.

371. Impeachment and contradiction of own witness.—The party

producing a witness is not allowed to impeach his credit by evidence

of bad character; but he may contradict him by other evidence and

show that he has at other times made statements inconsistent with

his testimony given in the trial. 372. Impeachment of opposing witness in general.—A witness

may be impeached by the party against whom he is called, by contradictor}^ evidence, or by evidence that his general reputation for

truth, honesty or integrity is bad, but not by evidence of particular

wrongful acts, except that it may be shown by the examination of the

witness, or the record of the judgment, that he has been convicted of

a felony.

373. Impeachment by showing prior inconsistent statements.—

A witness may also be impeached by evidence that he has made at other times statements inconsistent with his testimony given on the

trial; but before this can be done the statements must be related to him with the circumstances of time, places and persons present, and

he must be asked whether he made such statements, and if so, allowed

to explain them. If the statements are in writing they must be

shown to the witness before any question is put to him concerning

them.

374. Manifestations and presumptions as to intent.—The intent or intention is manifested by the circumstances connected with the

offense and the sound mind and discretion of the accused. All per- sons are of sound mind who are neither idiots, nor lunatics, nor af- fected with insanity. A malicious and guilty intention is presumed

from the manner and deliberation with which an unlawful act is intended or committed for the jDurpose of injuring another.

375. Proof of intent to defraud.—Whenever by any of the provisions of Title 5, The Criminal Code, an intent to defraud is required

in order to constitute any offense, it is sufficient if an intent appears

to defraud any person, association, or body politic or corporate,

whatever.

376. Corroboration of woman upon a trial for abortion or seduction.—Upon a trial for procuring or attempting to procure an

705
T. G, § 377

THE CODE OF CRIMINAL PROCEDURE

abortion, or aiding or assisting therein, or for inveigling, enticing or taking away an unmarried female of previous chaste character, under

the age of twenty-one years, for the purpose of prostitution, or aiding or assisting therein, the defendant cannot be convicted upon the

testimony of the woman upon or with whom the offense was committed, unless she is corroborated by other evidence.

377. Proof upon trial for bigamy.—Upon a trial for bigamy it is not necessary to prove either of the marriages by the register, certificate or other record evidence thereof, but the same may be proved

by such evidence as is admissible to prove a marriage ; nor when and

where the second marriage took place, proof of the fact, accompanied

with proof of cohabitation thereafter in the Canal Zone, being sufR- icent to sustain the charge.

Cboss-Reference Proof of marriages in general, see title 3, section 52.

378. Proof of overt act on trial for conspiracy.—Upon a trial for

conspiracy, in a case where an overt act is necessary to constitute

the offense, the defendant cannot be convicted unless one or more

overt acts are expressly alleged in the information, nor unless one

of the acts alleged is proved; but other overt acts not alleged, but

connected with the offense charged, may be given in evidence. Ceoss-Reference Overt act as element of the offense, see title 5, section 82.

379. Proof of false pretenses.—Upon any trial for having, with an intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person to a written instrument,

or having obtained from any person money, personal property or valuable thing, the defendant cannot be convicted if the false pre- tense was expressed in language unaccompanied by a false token

or writing, unless the pretense, or some note or memorandum thereof,

be in writing, subscribed by, or in the handwriting of the defendant,

or unless the pretense be proven by the testimony of two witnesses, or that of one witness and corroborating circumstances; but this

section shall not apply to a prosecution for falsely representing or personating another, and, in such assumed character, marrying or

receiving any money or property.

380. Proof of forgery of bank bill or note.—Upon a trial for

forging any bill or note purporting to be the bill or note of an in- corporated company or bank, or for passing, or attempting to pass, or having in possession with intent to pass, any such forged bill or

note, it is not necessary to prove the incorporation of such bank

or company by the charter or act of incorporation, but it may be

proved by general reputation; and persons of skill are competent

witnesses to prove that such bill or note is forged or counterfeited.

381. Proof upon trial for larceny or embezzlement of money or

securities.—Upon a trial for larceny or embezzlement of money,

bank notes, certilicates of stock or valuable securities, the allegation

706
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 386

of the information, so far as regards the description of the property,

is sustained if the offender is proved to have embezzled or stolen any

money, bank notes, certificates of stock or valuable security, although

the particular species of coin or other money, or the number, denomination or kind of bank notes, certificates of stock or valuable security

is not proved ; and upon a trial for embezzlement, if the offender is proved to have embezzled any ])iece of coin or other money, any bank

note, certificate of stock or valuable security, although such piece of

coin or other money, or such bank note, certificate of stock or valuable security, may have been delivered to him in order that some

part of the value thereof should be returned to the party delivering

the same, and such part shall have been returned accordingly,

382. Proof upon trial for violation of lottery laws.—Upon a trial for the violation of any of the provisions of Title 5, The Criminal

Code, or other law for the suppression of lotteries, it is not necessai-y

to prove:

a. The existence of any lottery in which any lottery ticket purports to have been issued

b. The actual signing of any such ticket or share of any pretended

lottery; or

c. That any lottery ticket, share or interest was signed or issued by

the authority of any manager or person assuming to have authority

as manager;

But in all cases proof of the sale, furnishing, bartering or procuring of any ticket, share or interest therein, or of any instrument

purporting to be a ticket, or part or share of any such ticket, is evidence that such share or interest was signed and issued according

to the purport thereof.

383. Proof of murder or manslaughter.—No person can be convicted of murder or manslaughter unless the death of the person

alleged to have been killed, and the fact of the killing by the defendant as alleged, are established as independent facts; the former by

direct proof and the latter beyond a reasonable doubt.

384. Burden of establishing mitigation or justification upon trial for murder.—Upon a trial for murder, the commission of the

homicide by the defendant being j^roved, the burden of proving cir- cumstances of mitigation, or that justify or excuse it, devolves upon

him, unless the proof on the part of the prosecution tends to show

that the crime committed only amounts to manslaughter or that the

act of the defendant, of which complaint is made, was justifiable or

excusable.

Cross-Reference

Justifiable and excusable homicide, see title 5, sections 259 to 263.

385. Proof of perjury in general.—Perjury must be proved by the

testimony of two witnesses, or of one witness and corroborating cir- cumstances. (Feb. 21, 1933, ch. 110, sec. 58 [184b], 47 Stat. 891.)

386. Use of person's testimony as witness in his prosecution for

perjury.—The various sections of this title and of Title 5, The

Criminal Code, which declare that evidence obtained upon the exami767
T. 6, § 387] THE CODE OF CRIMINAL PROCEDURE

nation of a person as a witness can not be received against him in

any criminal proceeding, do not forbid such evidence being proved

against such person upon any proceedings founded upon a charge of

perjury committed in such examination.

387. Corroboration of testimony of accomplice.—A conviction

cannot be had on the testimony of an accomplice unless he is cor- roborated by other evidence which in itself and without the aid of

the testimony of the accomplice, tends to connect the defendant with

the commission of the offense ; and the corroboration is not sufficient

if it merely shows the commission of the offense or the circumstances

thereof.

Cross-Reifekence

Corroboration of woman upon a trial for abortion or seduction, see section 376 of this title. 388. Discharge of defendant for lack of jurisdiction or failure

to charge offense.—The court may direct the defendant or defendants to be discharged, where it appears that it has not jurisdiction

of the offense, or that the facts charged do not constitute an offense

punishable by law; unless in its opinion a new information can be

framed, upon which the defendant can be legally convicted, in which

case it may direct the district attorney to file a new information or

institute such other proceedings as are required by law.

389. View of premises by jury.—When, in the opinion of the

court, it is proper that the jury should view the place in which the

offense is charged to have been committed, or in which any other

material fact occurred, it may order the jury to be conducted in a body, in the custody of the marshal, to the place, which must be

shown to them by a person appointed by the court for that purpose

and the marshal must be sworn to suffer no person to speak or communicate with the jury, nor to do so himself, on any subject con- nected with the trial, and to return them into court without unneces- sary delay or at a specified time. (Feb. 21, 1933, ch. 110, sec. 59

[199], 47 Stat. 891.)

390. Number of counsel who may argue cause.

If the information is for an offense punishable with death tw^o counsel on each side

may argue the cause. If it is for any other offense the court may in

its discretion restrict the argument to one counsel on each side. 391. Holding defendant in custody after appearance for trial.—

When a defendant who has given bail appears for trial, the court may, in its discretion, at any time after his appearance for trial,

order him to be committed to the custody of the warden of the jail, to abide the judgment or further order of the court, and he must be

committed and held in custody accordingly.

392. Costs in the district court.—The costs in criminal cases shall be paid by the defendant in cases of appeal from a magistrate's court if the appeal is not prosecuted or if the appeal is prosecuted

and the judgment of the magistrate is affirmed, and shall be paid in cases other than appeals from the magistrates' courts when a judgment of guilty is entered. Such costs shall be taxed as follows

768
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 403

a. Fees for witnesses produced by the Government or the defense,

$1 per day and 10 cents per mile going to and returning from court

for all distances over three miles;

b. For a deposition of a witness for the defendant, $1

c. For issuing a warrant of arrest, 25 cents

d. For every adjournment of a trial on motion of the defendant, $2;

e. For filing each paper required by law or pleading, 5 cents;

f. For furnishing copies to the defendant of all pleadings except

the information, 15 cents per folio

g. For swearing each witness on trial, 10 cents

h. For a subpena, including all the names contained therein, 25

cents, and in no case can more than six subpenas be allowed for

i. For receiving and entering a judgment, 25 cents;

j. For warrant of commitment on sentence, 75 cents;

k. For record of conviction and filing the same, 75 cents ; and

1. For a return of any writ of certiorari, 25 cents. ARTICLE 3.—THE VERDICT

Sec. 401. Concurrence of all jurors. 402. Return of verdict in general. 403. Directing return under signature and

seal. 404. Presence of defendant at return of

verdict.

40.5. General or special verdicts authorized.

406. Forms of general verdict. 407. Special verdict defined. 408. Manner of rendering special verdict. 409. Form of special verdict. 410. Judgment on special verdict. 411. Ordering new trial where special verdict defective. 412. Necessity that verdict find degree of crime.

•Sec. 413. Finding on charge of previous con- viction of another offense. 414. Authority to find defendant guilty of included offense or of attempt.

415. Verdict as to some defendants and

retrial of others. 416. Directing reconsideration of verdict. 417. Giving judgment upon informal verdict. 418. Polling the jury. 419. Recording the verdict. 420. Discharge or detention of defendant

after acquittal.

401. Concurrence of all jurors.—All the jurors must concur to render a verdict. (Feb. 21, 1933, ch. 110, sec. 75 [209b], 47 Stat.

893.)

Ckoss-Refekence

Number of jurors, see section 303 of this title.

402. Return of verdict in general.—When the jury have agreed

upon their verdict they must be conducted into court by the oiiicer having them in charge. When the jury appear they must be asked

by the court, or clerk, whether they have agreed upon their verdict,

anr^ if the foreman answers in the affirmative, they must, on being

required, declare the same. (Feb. 21, 1933, ch. 110, sec. 60 [202a],

47 Stat. 891.)

403. Directing return under signature and seal.—The court may, without regard to the consent or objection of parties, direct

the jury, in case they should agree, to sign the verdict, place it in an

envelope, and return it into open court, or may direct the marshal to permit the jury, upon agreement, to sign and seal their verdict and

return it into open court the following morning, or, upon the jury's

coming into court to report agreement, counsel being absent, may

769
T. 6, § 404] THE CODE OF CRIMINAL PROCEDURE

instruct the jury to seal their verdict and return it into court on

the following day. (Feb. 21, 1933, ch. 110, sec. 74 [209a], 47 Stat.

893.)

404. Presence of defendant at return of verdict.—In all cases of

felony the defendant must be present in court when the verdict is announced. If the trial is for a misdemeanor, the verdict may be

rendered by the court in the absence of the defendant.

Cross-Refekence

Presence at trial, see section 304 of this title.

405. General or special verdicts authorized.—The jury may ren- der a general verdict, or, when they are in doubt as to the legal effects of the facts proved, they may, except upon a trial for libel, find a

special verdict. (Feb. 21, 1933, ch. 110, sec. 61 [202 b], 47 Stat. 891.)

406. Forms of general verdict.—A general verdict upon a plea of

not guilty is either " guilty " or " not guilty," which imports a conviction or acquittal of the offense charged in the information. Upon

a plea of a former conviction or acquittal of the same offense, it is either " for the Government " or " for the defendant." When the

defendant is acquitted on the ground that he was insane at the time

of the commission of the act charged, the verdict must be " not guilty

by reason of insanity."

407. Special verdict defined.—A special verdict is that by which

the jury find the facts only, leaving the judgment to the court. It must present the conclusions of fact as established by the evidence,

and not the evidence to prove them, and these conclusions of fact

must be so presented that nothing remains to the court but to draw

conclusions of law upon them. (Feb. 21, 1933, ch. 110, sec. 62 [202 c],

47 Stat. 891.)

408. Manner of rendering special verdict.—The special verdict

must be reduced to writing by the jury, or in their presence entered

upon the minutes of the court, read to the jury and agreed to by

them, before they are discharged. (Feb. 21, 1933, ch. 110, sec. 63

[202 d], 47 Stat. 891.)

409. Form of special verdict.—The special verdict need not be in

any particular form, but is sufficient if it presents intelligibly the

facts found by the jury. (Feb. 21, 1933, ch. 110, sec. 64 [202 e], 47

Stat. 891.)

410. Judgment on special verdict.—The court must give judgment upon the special verdict as follows

a. If the plea is not guilty, and the facts prove the defendant

guilty of the offense charged in the information, or of any other

offense of which he could be convicted under that information, judgment must be given accordingl3^ But if otherwise, judgment of

acquittal must be given ; and

b. If the plea is a former conviction or acquittal of the same

offense, the court must give judgment of acquittal or conviction, as the facts prove or fail to prove the former conviction or acquittal.

<Feb. 21, 1933, ch. 110, sec. 65 [202 f], 47 Stat. 891.)

770
TEE CODE OF CRIMINAL PROCEDURE [T. 6, § 417

411. Ordering new trial where special verdict defective.—If the

jury do not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment,

or if they find the evidence of facts merely, and not the conclusions

of fact, I'rom the evidence, as established to their satisfaction, the court must order a new triah (Feb. 21, 1933, ch. 110, sec. 66 [202 g],

47 Stat. 892.)

412. Necessity that verdict find degree of crime.—Whenever a crime is distinguished into degrees a verdict of conviction must

find the degree of the crime of which the defendant is guilty.

Ceoss-Refekence

Determination of degree by court upon plea of guilty, see section 4S5 of tliis title. 413. Finding on charge of previous conviction of another offense.—Whenever the fact of a previous conviction of another

offense is charged in an information, the court or jury, if it finds a

verdict of guilty of the offense with which he is charged, must also,

unless the answer of the defendant admits the charge, find whether

or not he has suffered such previous conviction. The verdict of the

court or jury upon a charge of a previous conviction may be : " The

charge of previous conviction is true," or " The charge of previous

conviction is not true." (Feb. 21, 1933, ch. 110, sec. 71 [206], 47

Stat. 893.)

414. Authority to find defendant guilty cf included offense or

of attempt.—The court or jury may find the defendant guilty of

any offense, the commission of which is necessarily included in that

with which he is charged, or of an attempt to commit the offense. (Feb. 21, 1933, ch. 110, sec. 72 [207], 47 Stat. 893.)

415. Verdict as to some defendants and retrial of others.—On

an information against several, if the court or jury cannot agree

upon a verdict as to all, they may render a verdict as to those in

regard to whom they do agree, on which a judgment must be entered

accordingly, and the case as to the others may be retried. (Feb. 21,

1933, ch. 110, sec. 73 [208], 47 Stat. 893.) 416. Directing reconsideration of verdict.—AVlien there is a verdict of conviction, in which it appears to the court that the jury

have mistaken the law, the court may explain the reason for that

opinion and direct the jury to reconsider their verdict, and if, after

the reconsideration, they return the same verdict, it must be entered;

but when there is a verdict of acquittal, the court cannot require

the jury to reconsider it. If the jury render a verdict which is neither general nor special, the court may direct them to reconsider

it, and it cannot be recorded until it is rendered in some form from

which it can be clearly understood that the intent of the jury is either to render a general verdict or to find the facts specially and

to leave the judgment to the court. (Feb. 21, 1933, ch. 110, sec. 67

[202h], 47 Stat. 892.)

417. Giving judgment upon informal verdict—If the jury persist in finding an informal verdict, from which, however, it can m
T. 6, § 418] TEE CODE OF CRIMINAL PROCEDURE

be clearly understood that their intention is to find in favor of the

defendant upon the issue, it must be entered in the terms in which

it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given unless the jury expressly find

against the defendant upon the issue, or judgment is given against

him on a special verdict. (Feb. 21, 1933, ch. 110, sec. 68 [202i],

47 Stat. 892.)

418. Polling the jury.—When a verdict is rendered and before it

is recorded, the jury may be polled at the request of either party

in which case they must be severally asked whether it is their verdict, and if anyone answers in the negative, the jury must be sent out

for further deliberation. (Feb. 21, 1933, ch. 110, sec. 69 [202j], 47

Stat. 892.)

419. Recording the verdict.—When the verdict given is such as the court may receive, the clerk must immediately record it in full upon the minutes, read it to the jury, and inquire of them whether it

is their verdict. If any juror disagree, the fact must be entered upon

the minutes and the jury again sent out ; but if no disagreement is expressed, the verdict is complete, and the jurv must be discharged

from the case. (Feb. 21, 1933, ch. 110, sec. 70 [202k], 47 Stat. 892.)

420. Discharge or detention of defendant after acquittal.—If

judgment of acquittal is given on a general verdict, and the defendant is not detained for any other legal cause, he must be discharged

as soon as the judgment is given, except where the acquittal is be- cause of a variance between the pleading and proof, which may be

obviated by a new information. The court may order his detention, to the end that a new information may be preferred in the same manner and with like effect as provided by law.

Cboss-Refei;ence

Discharge or detention after arrest of judgment, see section 464 of this title. ARTICLE 4.—EXCEPTIONS

Sec. 431. Exception defined. 482. Time of taking exception.

433. Certain rulings not subject to exception.

Sec. 434. Matters deemed to have been ex- cepted to.

431. Exception defined.—An exception is an objection upon a matter of law to a decision made by a court, tribunal, judge or other

judicial officer in an action or j^roceeding. (Feb. 21, 1933, ch. 110,

sec. 76 [210], 47 Stat. 893.)

432. Time of taking exception.—Except as provided in section

434 of this title, the exception must be taken at the time the decision

is made. (Feb. 21, 1933, ch. 110, sec. 76 [210], 47 Stat. 893.)

433. Certain rulings not subject to exception.—Eulings of the court upon minor discretionary matters, such as adjournments, post-

])onements of trials and the like, shall not be subject to exception.

(Feb. 21, 1933, ch. 110, sec. 76 [210], 47 Stat. 893.) 434. Matters deemed to have been excepted to.—The verdict of

the jury, the final decision in an action or proceeding, an interlocu772
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 443

tory order or decision finally detennining the rights of the parties or some of them, an order or decision from which an appeal may be

taken, an order sustaining or overruling a demurrer, granting or refusing a motion to set aside an information, a motion in arrest of

judgment, a motion for a new trial, making or refusing to make

an order after judgment affecting any substantial rights of the

parties, refusing to grant a change of the place of trial, allowing

or refusing to allow an amendment to a pleading, striking out a pleading or a portion thereof, an order made upon ex parte application, an order or decision made in the absence of a party, and in- structions given or refused, are deemed to have been excepted to. (Feb. 21, 1933, ch. 110, sec. 77 [212], 47 Stat. 893.)

ARTICLE 5.—BILL OF EXCEPTIONS

Sec. 441. Contents of bUl of exceptions.

442. Insertion of entire charge to jury for- bidden.

Sec. 443. Settling bill of exceptions.

441. Contents of bill of exceptions.—A bill of exceptions must

contain only so much of the evidence as may be necessary to present

clearly the questions of law involved in the rulings to which exceptions are reserved, and such evidence as is einbraced therein shall be

set forth in condensed and narrative form, save as a proper understanding of the questions presented may require that parts of it be

set forth otherwise. (Feb. 21, 1933, ch. 110, sec. 79 [215], 47 Stat.

894.)

Ceoss-Refekencb For provisions authoriziug the Supreme Court to prescribe the manner of preparing bills of exceptions, see U.S. Code title 28, section 723a (appendix,

p. 988).

442. Insertion of entire charge to jury forbidden.—No bill of ex- ceptions shall be allowed which shall contain the charge of the court

at large to the jury, upon any general exception to the whole of such

charge. But the party excepting shall be required to state distinctly

the several matters of law in such charge to which he excepts ; and

those matters of law, and those only, shall be inserted in the bill of

exceptions and allowed by the court. (Feb. 21, 1933, ch. 110, sec. 80

[215a], 47 Stat. 894.) 443. Settling bill of exceptions.—Where a party desires to have

the exceptions settled in a bill of exceptions, the draft of a bill must

be prepared by him and presented, upon notice of at least two days

to the adverse party, to the judge for settlement wuthin ten days

after the announcement of the verdict, unless further time is granted

by the judge, or within that period the draft must be delivered to the clerk of the court for the judge. When received by the clerk, he

must deliver it to the judge, or transmit it to him at the earliest time

practicable. When settled, the bill must be signed by the judge and

filed with the clerk of the court. If the judge in any case refuses to allow an exception in accordance with the facts, the party desiring

the bill settled may apply by petition to the United States Circuit

Court of Appeals for the Fifth Circuit to prove the same. The application may be made in the mode and manner and under such

773
T. 6, § 451] THE CODE OF CRIMINAL PROCEDURE

regulations as that court may prescribe; and the bill, when proven,

must be certified by the court as correct, and filed with the clerk of

the court in which the action was tried, and when so filed, it has the same force and effect as if settled by the judge who tried the cause. If the judge who presided at the trial ceases to hold office before the

bill is tendered or settled, he may nevertheless settle such bill, or

the party may, as provided in this section, apply to the Circuit Court

of Appeals to prove the same. (Feb. 21, 1933, ch. 110, sec. 78 [214],

47 Stat. 894.)

ARTICLE 6.—NEW TRIALS

Sec. 451. New trial defined. 452. Grounds for new trial. 453. Time for malting and filing motion for new trial.

writing ; specification of

Sec. 454. Motion in grounds.

455. Hearing and determination of motion.

45G. Effect of granting new trial. 451. New trial defined.—A new trial is a reexamination of the

issue in the same court after a verdict has been given.

Ckoss-Reference For provisions authorizing the Supreme Court to regulate proceedings after verdict in criminal cases, see U.S. Code, title 28, section 723a (appendix, p. 983).

452. Grounds for new trial.—Wlien a verdict has been rendered

against the defendant, the court may, upon his application, grant a new trial in the following cases only

a. When the trial has been had in his absence and the information

is for a felony;

b. When evidence has been received out of court other than that

resulting from a view of the premises

c. When the court or any member thereof has been guilty of any

misconduct by which a fair and due consideration of the case has been

prevented

d. When the verdict has been decided by lot, or by any means

other than by a fair expression of opinion

e. When the court has erred in the decision of any question of law

arising during the course of the trial;

f. When the verdict is contrary to law or evidence; and

g. When new evidence is discovered material to the defendant

and which he could not with reasonable diligence have discovered

and produced at the trial. When a motion for a new trial is made

upon the ground of newly discovered evidence, the defendant must

produce at the hearing in support thereof the affidavit of the witnesses by whom such evidence is expected to be given, and if time

is required by the defendant to procure such affidavits, the court may

postpone the hearing of the motion for such length of time as, under

all the circumstances of the case, may seem reasonable.

453. Time for making and filing motion for new trial.—A motion

for a new trial shall be made only after verdict of the jury or decision by the court, and before judgment. The motion shall be filed within five days after verdict of the jury or decision by the court,

unless for good cause shown the court or judge, within the five-dav

period, extends the time. (Feb. 21, 1933,' ch. 110. sec. 81 [219], 47

Stat. 894.)

774
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 4G4 454. Motion in writing; specification of grounds.—A motion for

a new trial shall be in writing and must set out specifically the

grounds upon which it is made. When a ground of the motion is the

insufficienc}^ of the evidence to justify the verdict or decision, the

motion must specify the particulars in which the evidence is alleged

to be insufficient. When a ground of the motion is error in law

occurring at the trial and excepted to by the moving party, the

motion must specify the particular errors upon which the party will

rely, and in the case of a question as to the admissibility of evidence

the question, objection or motion, ruling, and exception thereto must

be fully set out. (Feb. 21, 1933, ch. 110, sec. 81 [219], 47 Stat. 894.)

455. Hearing and determination of motion.—A motion for new

trial shall be heard and determined as speedily as possible after the same is filed. (Feb. 21, 1933, ch. 110, sec. 81 [219], 47 Stat. 894.)

456. Effect of granting new trial.—The granting of a new trial places the parties in the same position as if no trial had been had.

All the testimony must be produced anew, and the former verdict

cannot be used or referred to either in evidence or in argument, or be

pleaded in bar of any conviction w^hich might have been had under

the information.

ARTICLE 7.—ARREST OF JUDGMENT

Sec. 464. Discharge or holding of defendant upon arrest of judgment.Sec. 461. Motion in arrest of judgment.

462. Ari-est of judgment by court on own

motion.

463. Effect of allowing motion in arrest of judgment.

461. Motion in arrest of judgment.—A motion in arrest of judgment is an application on the part of the defendant that no judgment

be rendered on a plea or verdict of guilty, or on a verdict against

the defendant on a plea of a former conviction or acquittal. It may

be founded on any of the defects in the information unless the objection has been waived by a failure to demur, and must be made

before or at the time the defendant is called for judgment.

Ceoss-Reference For provisions authorizing the Supreme Court to regulate proceedings after

verdict, see U.S. Code, title 28, section 723a (appendix, p. 983).

462. Arrest of judgment by court on own motion.—The court may also, on its own view of any of these defects, arrest the judgment without motion.

463. Effect of allowing motion in arrest of judgment.—The

effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the information was filed. 464. Discharge or holding of defendant upon arrest of judgment.—If from the evidence on the trial there is reason to believe

the defendant guilty, and a new information can be framed upon

which he may be convicted, the court may order him to be recommitted to the officer of the proper division, or admitted to bail anew

775
T. 6, § 481] THE CODE OF CRIMINAL PROCEDURE

to answer the new information. If the evidence shows him guilty

of another otFense, he must be committed or held thereon, and in

neither case shall the verdict be a bar to another prosecution. But if no evidence appears sufficient to charge him with any offense, he must

if in custody be discharged ; or if admitted to bail, the bail is exonerated; or if money has been deposited instead of bail, it must be

refunded to the defendant; and the arrest of judgment shall operate

as an acquittal of the charge upon which the information was

founded.

CHAPTER 14.—JUDGMENT

Sec. 481. 482. Time for pronouncing judgment.

Duty of court or magistrate to deter- mine and impose punishment. Determination of punishment by court

or magistrate where undetermined

between limits. Determination by court where mini- mum punishment only is prescribed. Determination by court of degree of crime upon plea of guilty. rrosence of defendant. Bringing defendant before court when

in custody.

488. Bringing defendant before court when

on bail ; bench warrant.

489. Is^iuance of bench warrant at any time

after order. 490. Form of bench warrant.

491. Service of bench warrant.

483.

484. 485. 486

487,

Sec. 492. Arraignment of defendant for judg- ment.

403. I'ronouncement of judgment.

494. Hearing circumstances in aggravation

or mitigation of punishment.

495. Presentation of such circumstances.

496. Mitigation when act already punished

as contempt.

497. Judgment for imprisonment for non- payment of fine and costs. 498. Sentence to imprisonment at hard

labor for felony. 499. Entry of judgment.

500. Suspension of sentence by district and

magistrates' courts ; probation.

501. Requiring defendant on probation to pay fine, make restitution, and sup- port dependents.

Cross-Rei'ekencb

Inquiry into defendant's sanity after conviction, see sections 811 to 816 of this

title. Section 481. Time for pronouncing judgment.—After a plea or

verdict of guilty, or after a verdict against the defendant on the plea

of a former conviction or acquittal, if the judgment be not arrested or a new trial granted, the court must appoint a time for pronouncing

judgment, which in cases of felony must be at least two days after

the verdict if the court intend to remain in session so long ; but if not,

then at as remote a time as can reasonably be allowed.

Cboss-Referencb For provisions authorizing the Supreme Court to regulate proceedings after

verdict, see U.S. Code, title 28, section 723a (appendix, p. 983).

482. Duty of court or magistrate to determine and impose punishment.—The several sections of Title 5, The Criminal Code, which

declare certain crimes to be punishable as therein mentioned,

devolve a duty upon the court or magistrate authorized to pass sentence, to determine and impose the punishment prescribed.

483. Determination of punishment by court or magistrate where

undetermined between limits.—Whenever in Title 5, The Criminal

Code, the punishment for a crime is left undetermined between

certain limits, the punishment to be inflicted in a particular case must be determined by the court or magistrate authorized to pass

sentence, within such limits as may be prescribed by the Criminal

Code.

776
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 490

484. Determination by court where minimum punishment only is prescribed.—When a person is declared punishable for a crime by

imprisonment in the penitentiary for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorized to pronounce judgment upon

such conviction may, in its discretion, sentence the offender to imprisonment for any number of years not less than that prescribed.

(Feb. 21, 1933, ch. 109, sec. 10 [29], 47 Stat. 860.) 485. Determination by court of degree of crime upon plea of

guilty.—Upon a plea of guilty of a crime distinguished or divided

into degrees, the court must, before passing sentence, determine the

degree.

Cross-Reference

Necessity that verdict find degree of crime, see section 412 of this title.

486. Presence of defendant.—For the purpose of judgment, if the conviction is for a felony, the defendant must be personally pres- ent; if for a misdemeanor, judgment may be pronounced in his

absence.

Cross-Rei'eeence Presence of defendant at other stages of proceedings, see section 304 of this

title and references thereunder. 487. Bringing defendant before court when in custody.—When

the defendant is in custodj'^, the court may direct the officer in whose

custody he is to bring him before it for judgment, and the officer must do so. 488. Bringing defendant before court when on bail; bench warrant.—If the defendant has been released on bail or has deposited

money instead thereof and does not appear for judgment when his

personal appearance is necessary, the court in addition to the for- feiture of the undertaking of bail or of the money deposited, may

direct the clerk to issue a bench warrant for his arrest. 489. Issuance of bench warrant at any time after order.—The

clerk on the application of the district attorney may issue the bench

warrant referred to in the next preceding section, at any time after

the making of the order therein mentioned and whether the court

is sitting or not. 490. Form of bench warrant.—The bench warrant must be substantially in the following form:

In the United States District Court for the District of the

Canal Zone, Division of

The Government of the Canal Zone to the Marshal or any

Peace Officer of the Canal Zone

That having been on the day of A. D.

, duly convicted, in the United States District Court for

the District of the Canal Zone, of the crime of , (designating it generally) you are therefore commanded forthwith to arrest the above

named and bring him before that court for judgment.

93083—34 50 777
T. 6, § 491] THE CODE OF CRIMINAL PROCEDURE

Given under my hand, with the seal of the court affixed, this

day of , A. D.

By order of the Court.

[seal] Clerk of the Court.

491. Service of bench warrant.—The bench warrant may be served

in the same manner as a warrant of arrest; and whether it is served

in the division in which it was issued or in the other division, the

officer must arrest the defendant and bring him before the court or commit him to the officer mentioned in the warrant, according to the

commaRd thereof.

492. Arraignment of defendant for judgment.—When the defendant appears for judgment he must be informed by the court, or by

the clerk under its direction, of the nature of the charge against him

and of his plea and the verdict, if any thereon, and must be asked

whether he has any legal cause to show why judgment should not be

pronounced against him.

493. Pronouncement of judgment.—If no sufficient cause is alleged or appears to the court why judgment should not be pronounced, it must thereupon be rendered.

Cross-Reference

Time for application for appeal, see U.S. Code, title 28, section 230 (appendix,

p. 983) ; but see U.S. Code, title 28, section 723a (appendix, p. 983).

494. Hearing circumstances in aggravation or mitigation of punishment.—After a i)lea or verdict of guilty where a discretion is conferred upon the court as to the extent of the punishment, the

court, upon the oral suggestion of either party that there are circumstances which may be properly taken into view either in aggravation

or mitigation of the punishment may in its discretion hear the same

summarily at a specified time and upon such notice to the adverse

party as it may direct. 495. Presentation of such circumstances.—The circumstances

must be presented by the testimony of witnesses examined in open

court, except that when a witness is so sick or infirm as to be unable

to attend, his deposition may be taken out of court upon such notice

to the adverse party as the court may direct. No affidavit, testimony

or representation of any kind verbal or written can be offered to or received by the court, or a judge thereof, in aggravation or mitigation of the punishment, except as provided in this and the next preceding section.

496. Mitigation when act ah-eady punished as contempt.—When

it appears at the time of passing sentence upon a person convicted

upon information, that the person has already ])aid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sen- tence may mitigate the punishment to be imposed in its discretion.

Cboss-Reference

Punishment for criminal act wtuch is also a contempt, see title 5, section 29.

778
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 501

497. Judgment for imprisonment for nonpayment of fine and

costs.—A judgment that the defendant pay a fine and costs may also

direct that he be imprisoned until the fine and costs be satisfied. But the judgment must specify the extent of the imprisonment, which

must not exceed one day for every dollar of the fine and costs, nor

extend in any case beyond the term for which the defendant might

be sentenced to imprisonment for the offense of which he has been

convicted. (Feb. 21, 1933, ch. 110, sec. 82 [237], 47 Stat. 895.)

Ceoss-Reference

In magistrates' courts, see section 127 of this title. 498. Sentence to imprisonment at hard labor for felony.—In all cases of conviction of felony, the court sentencing any person convicted must attach to the sentence of imprisonment the provision

that such imprisonment be at hard labor.

499. Entry of judgment.—When judgment is rendered upon a conviction the clerk must enter it in the minutes, stating briefly

the offense for which the conviction was had and the fact of prior

conviction, if any, and must within five days annex together and

file the following papers which will constitute a record of the action

a. The information and a copy of the minutes of the plea or demurrer

b. A copy of the minutes of the trial

c. The charges given or refused and the indorsements thereon;

and

d. A copv of the judgment. (Feb. 21, 1933, ch. 110. sec. 84 [241],

47 Stat. 895.)

Ckoss-Reference

Necessity of applying for appeal witliin three months after entry of judgment,

see U.S Code, title 28, section 230 (appendix, p. 983) ; but see U.S. Code,

title 28, section 723a (appendix, p. 983).

500. Suspension of sentence by district and magistrates' courts;

probation.—After a conviction of, or a plea of guilty to, any crime

or offense not punishable by death or life imprisonment, the district or magistrate's court wherein the conviction was had or the plea of

guilty entered, may, when it appears to the satisfaction of the court

that the ends of justice and the best interests of the public, as well

as the defendant, will be subserved thereby:

a. Suspend tHe imposition or execution of sentence and place the

defendant upon probation upon such terms and conditions and for

such period as the court deems best ; except that the period of probation together Avith any extension thereof shall not exceed five years

in the district court or one year in a magistrate's court; or

b. Impose a fine and also place the defendant upon probation in

the manner aforesaid.

The court mav revoke or modify any condition of probation or change the period thereof. (Feb. 21, 1933, ch. 109, sec. 8 [23a],

47 Stat. 859.)

501. Requiring defendant on probation to pay fine, make restitution and support dependents.—While on probation the defendant

may be required:

779
T. 6, § 511] THE CODE OF CRIMINAL PROCEDURE

a. To pay in one or several sums a fine imposed at the time of

being placed on probation;

b. To make restitution or reparation to the aggrieved party for

actual damages or loss caused by the offense for which conviction was

had; and

c. To provide for the support of any person for whose support he

is legally responsible. (Feb. 21, 1933, ch. 109, sec. 8 [23a], 47 Stat.

859.)

CHAPTER 15.—EXECUTION

Art. Sec. | Art. Sec.

1. Judgments other than death 511 I 2. Judgments of death 52l ARTICLE 1.—JUDGMENTS OTHER THAN DEATH

Sec. 511. Furnishing of mittimus to oflScer charged with executing judgment.

512. Issuing execution attaching property

wliere judgment for fine and costs

only. 513. Execution of judgment for imprison- ment or for fine and costs. 514. Execution of judgment for imprison- ment in penitentiary.

Sec. 515. Execution of judgment for Imprison- ment in jail. 516. Consecutive running of sentences.

517. Commencement of term of imprison- ment.

518. Temporary release not part of term

of imprisonment.

Section 511. Furnishing of mittimus to officer charged with

executing judgment.—When a judgment other than death has been

pronounced, the clerk shall forthwith furnish a mittimus to the

officer whose duty it is to execute the judgment, and no other warrant

or authority is necessary to justify or require its execution. (Feb.

21, 1933, ch. 110, sec. 84a [242], 47 Stat. 895.) 512. Issuing execution attaching property where judgment for

fine and costs only.—If the judgment is for a fine and costs alone,

execution may be issued thereon attaching the property of the

defendant. (Feb. 21, 1933, ch. 110, sec. 85 [243], 47 Stat. 895.)

513. Execution of judgment for imprisonment or for fine and

costs.—If the judgment is for imprisonment, or a fine and costs and

imprisonment until they are paid, the defendant must forthwith be

committed to the custody of the proper officer and be detained by

him until the judgment is complied with. (Feb. 21, 1933, ch. 110,

sec. 86 [244], 47 Stat. 895.)

Cross-Reference

Penal institutions, see sections 901 to 905 of this title. 514. Execution of judgment for imprisonment in penitentiary.—

If the judgment is for imprisonment in the penitentiary, the marshal

must, upon receipt of a certified copy thereof, take and deliver the

defendant to the warden of the penitentiary. He must also deliver

to the warden the certified copy of the judgment, and take from the

warden a receipt for the defendant.

515. Execution of judgment for imprisonment in jail.—A sen- tence of impris(mment in jail, when imposed either by the jud^e or a magistrate, may be executed by confinement in any jail of the Canal

Zone. (Feb. 21, 1933, ch. 109, sec. 9 [26], 47 Stat. 860.)

780
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 52:^

516. Consecutive running of sentences.—When any person is convicted of two or more crimes, the imprisonment to which he is sentenced upon the second or other subsequent conviction must com- mence at the termination of the first term of imprisonment to which

he shall be sentenced, or at the termination of the second or other

subsequent term of imprisonment, as the case may be. 517. Commencement of term of imprisonment.—The term of

imprisonment fixed by the judgment in a criminal action commences

to run only upon the actual delivery of the defendant at the place

of the imprisonment.

518. Temporary releases not part of term of imprisonment.—

If during the term of imprisonment the defendant by any legal means is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must

not be computed as part of the term. ARTICLE 2.—JUDGMENTS OF DEATH

Sec. 521.

522.

523.

524.

525. 526.

527.

Warrant for execution of judgment of death ; time of execution. Transmission of statement of conviction and testimony to Governor.

Suspension of execution of judgment.

Inquiry into sanity of defendant. Duty of district attorney upon sanity

hearing.

Signing and filing of certificate of in- quisition. Duty of warden upon the finding rela- tive to sanity.

Sec. 528. Inquiry into supposed pregnancy of defendant.

529. Duty of warden upon finding of preg- nancy or otherwise.

530. Ordering execution of judgment of death remaining in force unexecuted.

531. Mode of inflicting punishment of death.

532. Place of exectition ; persons present.

533. Return upon death warrant.

521. Warrant for execution of judgment of death; time of execution.—When judgment of death is rendered, a warrant signed by the

judge and attested by the clerk, under the seal of the court, must

be drawn and delivered to the marshal. It must state the conviction

and judgment, and appoint a day on which the judgment is to be

executed, which must not be less than six months nor more than one

year from the time of judgment, and must direct the marshal to deliver the defendant, within ten days from the time of judgment, to the

warden of the penitentiary, for execution.

522. Transmission of statement of conviction and testimony to Governor.—The judge of the court in which a conviction requiring judgment of death is had must immediately after the conviction

transmit to the Governor of the Panama Canal, by mail or otherwise, a statement of the conviction and judgment and of the testi- mony given at the trial. 523. Suspension of execution of judgment.—No judge, court or

officer other than the Governor can suspend the execution of a judgment of death unless an appeal is taken, except that the warden of

the penitentiary to whom the defendant is delivered for execution

may suspend the execution of the judgment in the manner provided

in sections 524 to 529 of this title. CROSS-RsaFERENCE Reprieves in general, see title 2, section 261.

781
T. 6, § 524] THE CODE OF CRIMINAL PROCEDURE

524. Inquiry into sanity of defendant.—If after judgment of

death there is good reason to suppose that the defendant has become

insane, the warden of the penitentiary to whom he is deUvered for

execution, with the concurrence of tlie court in which the conviction was had, may appoint a commission of medical experts to in- quire into the supposed insanity, and must give immediate notice

thereof to the district attorney.

Ckoss-Refeeence

Inquiry into insanity before trial or after conviction, see sections 811 to 816

of this title. 525. Duty of district attorney upon sanity hearing.—The dis- trict attorney must attend the inquisition, and may produce witnesses

before the commission, for which purpose he may issue process in

the same manner as for witnesses to attend a trial before the court,

and disobedience thereto may be punished in like manner as dis- obedience to process issued by the court. 526. Signing and filing of certificate of inquisition.—A certificate of the inquisition must be signed by the members thereof, and filed with the clerk of the district court. 527. Duty of warden upon the finding relative to sanity.—If it is found b}^ the inquisition that the defendant is sane, the warden

must execute the judgment ; but if it is found that he is insane, the

warden must suspend the execution of the judgment until he receives a warrant from the Governor, or from the judge of the court wherein

the judgment was rendered, directing the execution of the judgment.

If the inquisition finds that the defendant is insane, the warden must

immediately transmit it to the Governor, who may, when the defendant becomes sane, issue a warrant appointing a day for the

execution of the judgment.

528. Inquiry into supposed pregnancy of defendant.—If there is good reason to suppose that a female against whom a judgment of

death is rendered is pregnant, the warden of the penitentiary to whom she is delivered for execution, with the concurrence of the

court in which the conviction was had, may summon a jury of three

physicians to inquire into the supposed pregnancy. Immediate notice thereof must be given to the district attorney, and the provisions

of sections 525 and 526 of this title shall apply to the proceedings

upon the inquisition.

529. Duty of warden upon finding of pregnancy or otherv/ise.—

If it is found by the inquisition that the female is not pregnant, the

warden nmst execute the judgment; but if it is found that she is pregnant, the warden must suspend the execution of the judgment and

transmit the inquisition to the Governor. When the Governor is satisfied that the female is no longer pregnant, he may issue his warrant

appointing a day for the execution of the judgment.

530. Ordering execution of judgment of death remaining in force

unexecuted.—If for any reason a judgment of death has not been

executed, and it remains in force, the court in which the conviction

782
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 541

is had, on the application of the district attorney, must order the

defendant to be brought before it, or if he is at large, a warrant

for apprehension may be issued. Upon the defendant being brought

before the court, it must inquire into the facts, and if no legal reason

exists against the execution of the judgment, must make an order

that the warden of the penitentiary to whom the marshal is directed

to deliver the defendant, shall execute the judgment at a specified

time. The warden must execute the judgment accordingly.

531. Mode of inflicting punishment of death.—The punishment

of death must be inflicted by hanging the defendant by the neck

until he is dead.

532. Place of execution; persons present.—A judgment of death

must be executed within the walls of the penitentiary. The warden

of the penitentiary must be present at the execution, and must invite

the presence of a physician, the district attorney, and at least twelve

reputable residents of the Canal Zone, to be selected by him ; and he

shall, at the request of the defendant, permit such ministers of the

gospel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be present at the execution, together with such peace officers as he may think expedient,

to witness the execution. But no other persons than those mentioned in this section can be present at the execution, nor can any

person under twenty-one years of age be allowed to witness the same.

533. Return upon death warrant.—After the execution, the

warden must make a return upon the death warrant to the court by

which the judgment was rendered, showing the time, mode and manner in which it was executed.

CHAPTER 16.—BAIL

Art. Sec.

1. In general 541

2. Bail for appearance before magistrate for trial 561

3. Bail upon being held to answer

before information 571

4. Bail upon an information before

conviction 581

5. Bail on appeal 591

Art. Sec.

6. Cash deposit in lieu of ball 601

7. Surrender of the defendant 611

8. Forfeiture of the undertaking of

bail or of the deposit of money. 621

0. Recommitment of the defendant

after having given bail or de- posited money in lieu thereof 631

ARTICLE 1.—IN GENERAL

Sec. 548. Admission to bail in subdivision other than that in which warrant issued. 549. Proceedings on taking bail in such

cases. 550. Procedure where such ball not forth- with given.

Sec.

.''i41. Admission to bail defined. 542. Taking of bail defined ; excessive bail. 543. Offense not bailable. 544. other offenses bailable before conviction. 545. Right to bail upon appeal.

546. Time and terms of admission to bail. 547. Notice to district attorney when bail discretionary. Section 541. Admission to bail defined.—Admission to bail is the

order by a judge of a competent court that the defendant be dis- charged from actual custody upon bail. CeosS-ReI"ERENCE

Bail defined, see title 3, section 2049.

783
T. 6, § 542] THE CODE OF CRIMINAL PROCEDURE

542. Taking of baU defined; excessive bail.—The taking of bail

consists in the acceptance by a competent court of the undertaking

of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the Government of the Canal Zone a specified sum. In no case shall excessive

bail be required.

543. Offense not bailable.—A defendant charged with an offense

punishable with death cannot be admitted to bail when the proof of

his guilt is evident or the presumption thereof great. The filing of an information does not add to the strength of the proof or the

presumptions to be drawn therefrom,

544. Other offenses bailable before conviction.—If the charge is for any other offense the defendant may be admitted to bail before

conviction,

545. Right to bail upon appeal.—After conviction of an offense not

punishable with death, a defendant who has appealed may be admitted to bail

a. As a matter of right when the appeal is from a judgment imposing a fine only;

b. As a matter of right when the appeal is from a judgment imposing imprisonment in cases of misdemeanor; and

c. As a matter of discretion in all other cases. (Feb, 21, 1933,

ch, 110, sec. 87 [289], 47 Stat. 895.)

Cross-references

Admission to bail on appeal, see sections 591 and 592 of this title. For provisions authorizing the Supreme Court to prescribe the conditions on which bail may be allowed, see U.S. Code, title 28, section 723a (appendix,

p. 983).

546. Time and terms of admission to bail.—If the offense is bail- able the defendant may be admitted to bail before conviction

a. For his appearance before a magistrate for trial or for preliminary hearing in cases triable in the district court;

b. To appear at the court to which the magistrate is required to return the complaint and warrant, upon the defendant being held to answer after preliminary hearing; or

c. After the information is filed either before the bench warrant

is issued for his arrest, or upon any order of the court committing

him, or enlarging the amount of bail, or upon his being surrendered

by his bail to answer the information in the court in which it is found or to which it may be transferred for trial

And after conviction and upon appeal

d. If the appeal is from a judgment imposing a fine only, on the

undertaking of bail that he will pay the same or such part of it as the

appellate court may direct if the judgment is affirmed or modified

or the appeal dismissed; or

e. If judgment of imprisonment has been given, that he will sur- render himself in execution of the judgment upon its being affirmed

or modified or that in case the judgment is reversed and the cause remanded for a new trial, that he will appear in the court to which

the cause may be remanded and submit himself to the orders and

process thereof, (Feb. 21, 1933, ch, 110, sec, 88 [290], 47 Stat, 895,)

784
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 562

547. Notice to district attorney when bail discretionary.—When

the admission to bail is a matter of discretion the court or officer to whom the application is made must require reasonable notice thereof

to be given to the district attorney.

548. Admission to bail in subdivision other than that in which

warrant issued.—If the offense charged is bailable a;id the defendant is arrested in another division or subdivision, the officer must,

upon being required by the defendant, take him before the magistrate in that subdivision who may admit the defendant to bail to answer before the magistrate issuing the warrant within a reasonable

time. (Feb. 21, 1933, ch. 110, sec. 18 [30], 47 Stat. 883.)

549. Proceedings on taking bail in such cases.—Upon the taking

of bail as provided in the next preceding section, the magistrate

must certify that fact on the warrant, and deliver the warrant and

undertaking of bail to the officer having charge of the defendant.

The officer must then release the defendant from custody, and without delay deliver the warrant and undertaking to the magistrate

before whom the defendant is required to appear.

550. Procedure where such bail not forthwith given.—If, on the

admission of the defendant to bail as provided in section 548 of this

title, the bail is not forthwith given, the officer must take the defendant before the magistrate who issued the warrant or to whom

it is made returnable. (Feb. 21, 1933, ch. 110, sec. 19 [32], 47 Stat.

883.)

ARTICLE 2. -BAIL FOR APPEARANCE BEFORE MAGISTRATE

FOR TRIAL

Sec. 561. Admission to ball In such case. 562. Terms and conditions of bond ; date

of appearance.

563. Commitment to jail on failure to fur- nish bond.

Sec. 564. Admission to bail by officer in charge

of police station.

561. Admission to bail in such case.—In the event that the

offense charged against a person is triable in a magistrate's court,

the defendant may be admitted to bail upon executing a bond in a sum not exceeding $500, to be fixed by the magistrate. (Feb. 21, 1933,

ch. 110, sec. 13 [22], 47 Stat. 882.) Cross-Rbferences

Admission to bail in subdivision other than that in which warrant issued, see

sections 548 to 550 of this title. Bail for appearance before magistrate for preliminary hearing, see section 546 a of this title. Cash deposit in lieu of bond, see sections 601 to 604 of this title.

562. Terms and conditions of bond; date of appearance.—Such

bond shall be in favor of the Government of the Canal Zone and

shall be conditioned that the defendant shall be and appear before

the magistrate on a certain date therein mentioned. The date of the

appearance shall not be later than three days from the signing of the

bond. The bond shall be signed by the defendant and two or more

785
T. 6, § 563] TEE CODE OF CRIMINAL PROCEDURE

good and sufficient sureties. (Feb. 21, 1933, ch. 110, sec. 13 [22], 47

Stat. 882.)

Ckoss-Refekence

Postponement of trial, see section 121 of this title. 563. Commitment to jail on failure to furnish bond.—If the

defendant fails to enter into the bond referred to in the two next

preceding sections, the magistrate shall commit him to jail awaiting

trial. (Feb. 21, 1933, ch. 110, sec. 13 [22], 47 Stat. 882.)

564. Admission to bail by officer in charge of police station.—

When an arrest is made either with or without a warrant for a misdemeanor triable in a magistrate's court and for any reason the

officer making the arrest is unable to take the offender forthwith

before a magistrate, he may take such offender forthwith to the

nearest police station and the officer in charge thereof may accept

bond, or a cash deposit in lieu thereof, in a sum not exceeding $500,

to secure the appearance of the offender before the magistrate having

jurisdiction of the case. The offender shall then be released from

custody and the bond or cash deposit shall be delivered to the magistrate having jurisdiction of the case and a receipt therefor shall be

given to such officer by the magistrate.

When a money deposit is made in lieu of bail bond the deposit

shall be held and disposed of in accordance with the provisions of

sections 601 to 604, 613, 621, 622 and 625 of this title. (Feb. 21, 1933,

ch. 110, sec. 88A [291a], 47 Stat. 896.)

ARTICLE 3. -BAIL UPON BEING HELD TO ANSWER BEFORE INFORMATION

Sec. 571. Who may admit to bail in such case. 572. Nature and form of such bail. 573. Qualifications of sureties.Sec. 574. Justification by sureties. 575. Discharge of defendant upon allowance

of bail. 571. Who may admit to bail in such case.—When the defendant

has been held to answer upon a preliminary hearing for a public

offense, the admission to bail may be by the officer by whom he is so held, or by any judge who has power to issue the writ of habeas

corpus.

Cross-References

See also paragraph b of section 546 of tliis title. Bail for appearance before magistrate for preliminary hearing, see paragraph

a of section 546 of this title. Riglit of magistrate to admit to bail for appearance before district court, see section 141 of this title. Who may grant habeas corpus, see sections 723 and 724 of this title. 572. Nature and form of such bail.—Bail upon being held to answer after a preliminary hearing is a written undertaking, executed

by two sufficient sureties, with or without the defendant, in the

discretion of the court or magistrate, and acknowledged before the court or magistrate in substantially the following form

An order having been made on the day of A.D.

19 —, by (as the officer may be), that be held to answer upon a charge of (stating briefly the nature of the

786
THE CODE OF CRIMINAL PROCEDURE [T. G, § 582

olfense) upon which he has been admitted to bail in the sum

of doUars; we, and of (stating their

place of residence and occupation), hereby undertake that the

above-named , will appear and answer any information

growing out of the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold himself amenable

to the order and process of the court, and if convicted, will appear for judgment, and render himself in execution thereof;

or, if he fails to perform either of these conditions, that we will

pay to tlie Government of the Canal Zone, the sum of

dollars (inserting the sum in which the defendant is admitted

to bail). (Feb. 21, 1933, ch. 110, sec. 89 [293], 47 Stat. 896.)

573. Qualifications of sureties.—The qualifications of sureties are

as follows

a. Each of them must be a resident of the Canal Zone; and

b. They must each be worth the amount specified in the undertaking, exclusive of property exempt from execution; but the court or

]udge, on taking bail, ma}^ allow more than two sureties to justify

severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to that of sufficient bail. (Feb.

21, 1933, ch. 110, sec. 90 [294, subd. 1], 47 Stat. 896.)

574. Justification by sureties.—The sureties must in all cases justify by affidavit, taken before the officer accepting bail, that they

each possess the qualifications provided in the next preceding section. The officer may further examine the bail upon oath concerning

their sufficiency in such manner as he may deem proper.

575. Discharge of defendant upon allowance of bail.—Upon the

allowance of bail and the execution of the undertaking, the officer must, if the defendant is in custod3^, make and sign an order for his

discharge, upon the delivery of which to the proper officer the

defendant must be discharged.

ARTICLE 4.—BAIL UPON AN INFORMATION BEFORE CONVICTION

Sec. 581. Continuation of the bail fixed upon

holding defendant to answer.

Sec. 582. Fixing, increase or reduction of ball after information filed. 581. Continuation of the bail fixed upon holding defendant to answer.—The bail fixed by a magistrate under sections 571 to 575

of this title upon holding the defendant to answer for an offense

triable in the district court, shall be construed to continue so as to require the defendant

a. To appear and answer the information filed in the district court

b. To render himself at all times amenable to the orders and process of the court; and

c. If convicted to appear for judgment and render himself in

execution thereof. (Feb. 21, 1933, ch. 110, sec. 91 [297], 47 Stat. 896.)

582. Fixing, increase or reduction of bail after information

filed.—After the filing of an information, the court in which the

charge is pending, may fix, or, upon good cause shown, either in787
T. 6., § 591] THE CODE OF CRIMINAL PROCEDURE

crease or reduce the amount of bail. If the amount is increased

the court may order the defendant to be committed to actual custody

unless he gives bail in the increased amount. If application is made by the defendant for a reduction of the amount, notice of the

application must be served on the district attorney. (Feb. 21, 1933,

ch. 110, sec. 92 [302], 4T Stat. 897.)

ARTICLE 5.—BAIL ON APPEAL

Sec. 591. Who may admit to bail in sucti case. Sec. 592. Provisions applicable to such bail. 591. Who may admit to bail in such case.—In cases in which the

defendant may be admitted to bail upon an appeal, the order admitting him to bail may be made by any judge having the power to issue

a writ of habeas corpus, or by the judge or magistrate before whom

the trial was had.

Ceoss-Refebences

Right to bail on appeal, see section 545 of this title. Terms of admission to bail on appeal, see section 546 of this title.

592. Provisions applicable to such bail.—The sureties must possess the qualifications, and the bail must be put in, in all respects as provided in sections 571 to 575 of this title, except that the undertaking

must be conditioned as prescribed in section 546 of this title, for

undertakings of bail on appeal. (Feb. 21, 1933, ch. 110, sec. 93 [304],

47 Stat. 897.)

ARTICLE 6.—CASH DEPOSIT IN LIEU OF BAIL

Sec. 604. Application of deposit to fine and

costs ; surplus.

See. 601. Right to make cash deposit. 602. Issuance of certificate of deposit. 603. Cash deposit after bail is given. 601. Right to make cash deposit.—The defendant in a criminal

proceeding mav make a cash deposit in lieu of a bail bond. (Feb. 21,

1933, ch. 110, sec. 94 [305], 47 Stat. 897.)

602. Issuance of certificate of deposit.—A certificate of deposit

shall l)e issued by the magistrate or the clerk of the district court, as the case may be, to each defendant who makes a cash deposit in lieu of bail. (Feb. 21, 1933, ch. 110, sec. 94 [305], 47 Stat. 897.)

603. Cash deposit after bail is given.—If the defendant has given

bail, he may, at any time before the forfeiture of the undertaking,

in like manner deposit the sum mentioned in the recognizance, and

upon the deposit being made, the bail is exonerated.

604. Application of deposit to fine and costs; surplus.—When

money has been deposited, if it remains on deposit at the time of a judgment for the payment of a fine, the magistrate, or the clerk of

the district court under the direction of the court, as the case may be,

must apply the money in satisfaction thereof, and after satisfying

the fine and costs, must refund the surplus, if any, to the defendant.

If the defendant is not found within a period of two years from the

date of the judgment, the magistrate or the clerk of the district court,

788
THE CODE OF CRIMINAL PROCEDURE [T. 6,§ 621

as the case may be, shall turn over such surplus to the collector of the

Panama Canal to be accounted for by him in the same manner as

fines are accounted for. (Feb. 21, 1933, ch. 110, sec. 95 [307], 47

Stat. 897.)

ARTICLE 7.—SURRENDER OF THE DEFENDANT

Sec.

fil3. Return of money deposit on surrender.

Sec. Gil. Surrender of defendant and exoneration of bail. G12. Autliority of ball to arrest or cause

arrest of defendant. 611. Surrender of defendant and exoneration of bail.—At any

time before the forfeiture of their undertaking, the bail may sur- render the defendant in their exoneration, or he may surrender himself, to the officer to whose custody he was committed at the time of

giving bail, in the following manner

a. A certified copy of the undertaking of the bail must be delivered

to the officer, who must detain the defendant in his custody thereon

as upon a commitment, and by a certificate in writing acknowledge

the surrender; and

b. Upon the undertaking and the certificate of the officer, the court

in which the action or appeal is pending may, upon notice of five days to the district attorney, with a copy of the undertaking and

certificate, order that the bail be exonerated, and on filing the order

and the papers used on the application, they are exonerated

accordingly.

612. Authority of bail to arrest or cause arrest of defendant.—

For the purpose of surrendering the defendant, the bail, at any time

before they are finally discharged, and at any place within the Canal

Zone, may themselves arrest him, or by a written authority, indorsed on a certified copy of the undertaking, may empower any person of

suitable age and discretion to do so. 613. Return of money deposit on surrender.—If money has been

deposited in lieu of bail and the defendant at any time before the

forfeiture thereof surrenders himself to the officer to whom the com- mitment was directed, in the manner provided in the two next pre- ceding sections, the court must order a return of the deposit to the

defendant upon the production of the certificate of the officers showing

the surrender, and upon five days' notice to the district attorney, with

a copy of the certificate. ARTICLE 8.—FORFEITURE OF THE UNDERTAKING OF BAIL OR OF

THE DEPOSIT OF MONEY

Sec. 621. Forfeiture of undertaljing of bail or money deposit. G22. Discharge of forfeiture upon satisfac- tory excuse.

Sec.

62.3. Enforcement of forfeiture by action. 624. Execution on summary judgment

against sureties. 625. Disposition of forfeited money deposits. 621. Forfeiture of undertaking of bail or money deposit.—If

without sufficient excuse the defendant neglects to appear for ar- raignment, or for trial or judgment, or upon any other occasion when

his presence in court may be legally required, or to surrender himself

in execution of the judgment, the court must direct the fact to be

789
T. G, § 622] TEE CODE OF CRIMINAL PROCEDURE

entered upon its minutes, and the undertaking of bail, or the money

deposited in lieu of bail, as the case may bo, is thereupon declared

forfeited.

622. Discharge of forfeiture upon satisfactory excuse.—If at any time before the final adjournment of the court, the defendant, or

his bail, appears and satisfactorily excuses his neglect, the court may

direct the discharge of the forfeiture of the undertaking or the

deposit, upon such terms as may be just.

623. Enforcement of forfeiture by action.—If the forfeiture is not discharged, as provided in the next preceding section, the district

attorney may, at any time after the adjournment of the court, proceed by action only against the bail upon their undertaking.

Cross-Reference

District attorney to prosecute all forfeiture cases, see section 17 of this title.

624. Execution on summary judgment against sureties.—In all cases of the forfeiture of bail bond the court shall enter judgment

thereon summarily against the sureties, and thereupon execution

shall issue to enforce payment of the judgment.

625. Disposition of forfeited money deposits.—If, by reason of

the neglect of the defendant to appear, money deposited in lieu of

bail is forfeited, and the forfeiture is not discharged or remitted, the

magistrate, or the clerk of the district court, as the case may be, with

whom it is deposited must pay over the same to the collector of the

Panama Canal in the manner prescribed for the paying over of other

funds. (Feb. 21, 1933, ch. 110, sec. 96 [313], 47 Stat. 897.)

ARTICLE 9.—RECOMMITMENT OF THE DEFENDANT AFTER HAVING

GIVEN BAIL OK DEPOSITED MONEY IN LIEU THEREOF

Sec.

G.'!5. Admission to bail if order made for other causp. OoG. Authorily of magistrates to talie such

bail. 637. Form of undertaking in such cases.

Sec. 631. Cases in -which defendant may be recommitted.

632. Order for commitment.

633. Arrest in either division or subdivision. 634. Commitment for failure to appear for judgment upon conviction.

631. Cases in which defendant may be recommitted.—The court

to which the magistrate commits the defendant, or in which an

information or appeal is pending, or to which a judgment on appeal

is remitted to be carried into eflect, may, by an order entered upon

its minutes, direct the arrest of the defendant and his commitment

to the officer to whose custody he was committed at the time of giving

bail, and his detention until legally discharged, in the following

cases

a. When, by reason of his failure to appear, he has incurred a forfeiture of his bail, or of money deposited in lieu thereof; or

b. When it satisfactorily appears to the court that his bail, or

either of them, are dead or insufficient, or have removed from the

Canal Zone. (Feb. 21, 1933, ch. 110, sec. 97 [315], 47 Stat. 897.)

790
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 637 632. Order for commitment.—Tlie order for the commitment of

the defendant must recite generally the facts upon which it is founded, and direct that the defendant be arrested by any marshal,

policeman or other peace officer, and committed to the officer in

whose custody he was at the time he was admitted to bail, to be

detained until legally discharged.

633. Arrest in either division or subdivision.—The defendant may

be arrested pursuant to the order upon a certified copy thereof, in

either division or subdivision, in the same manner as upon a warrant

of arrest.

CKOSS-IlErEREnSfCE Arrest upon warrant in either division or subdivision, see section 89 of

tliis title. 634. Commitment for failure to appear for judgment upon conviction.—If the order recites as the ground upon which it is made the

failure of the defendant to appear for judgment upon conviction,

the defendant must be committed according to the requirement of

the order.

635. Admission to bail if order made for other cause.—If the

order is made for any other cause and the offense is bailable the court may fix the amount of bail and cause a direction Ui be inserted

in the order that the defendant be admitted to bail in the sum fixed,

which must be specified in the order.

636. Authority of magistrates to take such bail.—When the

defendant is admitted to bail in such a case, the bail may be taken

by a magistrate. (Feb. 21, 1933, ch. 110, sec. 98 [320], 47 Stat. 898.)

637. Form of undertaking in such cases.—When the bail is taken

upon the recommitment of the defendant, the undertaking must be in

substantially the following form

An order having been made on the day of A.D.,

nineteen , by the court (naming it) that be admilted to bail in the sum of dollars, in an action pending

in that court against him in behalf of the Government of the

Canal Zone, upon an (information or appeal, as the case may

be), we, and of (stating their places of residence

and occupation), hereby undertake that the above-named

will appear in that, or in any other court in which his appearance may be lawfully required upon that (information or appeal,

as the case may be), and will at all times render himself amenable to its orders and process, and appear for judgment and sur- render himself in execution thereof; or, if he fails to perform

either of these conditions, that we will pay to the Government

of the Canal Zone the sum of dollars (insert the sum in

which the defendant is admitted to bail).

791
T. 6, § 651] TEE CODE OF CRIMINAL PROCEDURE

CHAPTER 17.—WITNESSES

Art.

1. Compelling attendance

Sec. of wit- nesses 651 Competency of witnesses 671

Art.

3. Examination of witnesses concll- tionally

4. Examination of witnesses on commission 701

Sec. 681

ARTICLE 1.—COMPELLING ATTENDANCE OF WITNESSES

Sec. 651. Subpena defined. 652. Issuance of subpenas in general.

653. Issuanco for witnesses for defendant.

654. Form of subpena.

655. Issuance of subpenas by district at- torney.

656. Service of subpenas.

657. Advancement from per diem for ex- penses of witnesses.

Sec. 658. Disobedience to subpena as a con- tempt.

659. Civil liability for disobedience to sub- pena issued on part of defendant.

660. Forfeiture of undertaking for failure

to appear.

661. Manner of producing prisoner as witness.

Section 651. Subpena defined.—The process by which the at- tendance of a witness before a court or magistrate is required is a subpena. (Feb. 21, 1933, ch. 110, sec. 99 [322], 47 Stat. 898.)

652. Issuance of subpenas in general.—A subpena may bo

signed and issued by

a. A magistrate before whom a complaint is made, for witnesses

in the Canal Zone, either on behalf of the Government or of the

defendant

b. The judge of the district court; and

c. The clerk of the district court upon application either of the

Government or the defendant. (Feb. 21, 1933, ch. 110, sec. 99 [322],

47 Stat. 898.)

CB0SS-IlEa'E2lENCES Issuance by district attorney, see section 655 of this title. Summoning witnesses for attendance at trial in magistrate's court, see also sections 122 and 123 of this title. 653. Issuance for witnesses for defendant.—A magistrate or the

clerk of the district court must, at any time and without charge, issue

subpenas for witnesses for the defendant upon his request. (Feb.

21, 1933, ch. 110, sec. 99 [322], 47 Stat. 898.) 654. Form of subpena.—A subpena authorized by sections 651

to 653 of this title must be substantially in the following form

The Government of the Canal Zone

You are commanded to appear before (the district court or the magistrate of division or subdivision, or, as the case may be) at (naming the place) on (stating the day and hour),

as a witness in a criminal action prosecuted by the Government

of the Canal Zone.

Given under my hand this day of , A.D. 19

( Magistrate, or by order of the court, Clerk or

otherwise, as the case may be).

If books, papers or documents are required, a direction to the

following eliect must be contained in the subpena : "And you are required also to bring with you the following (describing intelligibly

the books, papers or documents required)". (Feb. 21, 1933, ch. 110,

sec. 100 [323], 47 Stat. 898.)

792
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 661

655. Issuance of subpenas by district attorney.—The district

attorney sliall have power to issue subpenas for witnesses. (Feb.

21, 1933, ch. 110, sec. 34 [90], 47 Stat. 885.) 656. Service of subpenas.—A subpena may be served by any

person, but a peace officer nuist serve any subpena delivered to him

for service, either on the part of the Government of the Canal Zone

or of the defendant, and must, without delay, make a written return

of the service, subscribed by him, stating the time and place of

service. The service is made by showing the original to the witness

personally, and informing him of its contents. 657. Advancement from per diem for expenses of witnesses.

When a person attends before a court or magistrate as a witness

in a criminal case, upon a subpena or in pursuance of an undertaking

to testify on behalf of the prosecution, and it appears that he has come from a place more than three miles distant from the place where

he is to appear, or that he is poor and unable to pay the expenses

of such attendance, the court or magistrate, in its or his discretion,

by an order upon the minutes if the attendance of the witness is upon

a trial and by a written order in any other case, may direct the payment to the Avitness of a reasonable sum to pay his expenses, which sum shall be charged against his per diem. (Feb. 21, 1933, ch. 110.

sec. 101 [325], 47 Stat. 898.) 658. Disobedience to subpena as a contempt.—Disobedience to a subpena, or a refusal to be sworn or to testify as a witness, may be

punished by the court or magistrate as a contempt.

Cross-Reference

Contempt of court, see title 5, sections 211 to 212.

659. Civil liability for disobedience to subpena issued on part of

defendant.—A witness disobeying a subpena issued on the part of

the defendant, unless he shows good cause for his nonattendance, is liable to the defendant in the sum of $100, which may be recovered

in a civil action.

660. Forfeiture of undertaking for failure to appear.—When a

witness has entered into an undertaking to appear, upon his failure

to do so the undertaking is forfeited in the same manner as undertakings of bail. Cboss-Refebence

Forfeiture of undertakings of bail, see section 621 of this title.

661. Manner of producing prisoner as witness.—When the testi- mony of a material witness for the Government is required before a court in a criminal action and such witness is a prisoner in the penitentiary, or in jail, an order for his temporary removal from the

penitentiary or jail, and for his production before the court, may be

made by the court in w^hich the action is pending, or by the judge

thereof; but in case the penitentiary or jail is out of the division or subdivision in which the application is made, such order shall only

be made upon the affidavit of the district attorney, or other person

93083—34 51 793
T.6, §671] TEE CODE OF CRIMINAL PROCEDURE

on behalf of the Government, showing that the testimony is material

and necessary; and even then the granting of the order shall be in

the discretion of the court or judge. The order shall be executed by

the officer of the court in which it is made, whose duty it shall be

to bring the prisoner before the proper court, to safely keep him,

and wdien he is no longer required as a witness, to return him to the penitentiary or jail whence he was taken. The expense of executing such order shall be paid from the funds of the Government of

the Canal Zone.

Cross-Reference

Bringing prisoner before a court, see section 905 of this title. ARTICLE 2.—COMPETENCY OF WITNESSES

Sec. 671. Rules for determining competency of witnesses.

Sec. 672. Competency of husband or wife. 673. Defendant as witness. 671. Rules for determining competency of witnesses.—The rules

for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings except as otherwise provided in this title. (Feb. 21, 1933, ch. 110, sec. 102 [32Sa],

47 Stat. 898.)

Cross-Refekence

Competency of witnesses in civil actions, see title 4, sections 1901 to 1905, 672. Competency of husband or wife.—Neither husband nor wife

is a competent witness for or against the other in a criminal action or proceeding to which one or both are parties, except with the consent of both, or in case of

a. Criminal actions or proceedings for a crime committed by one

against the person or property of the other;

b. Criminal violence upon one by the other

c. Criminal actions or proceedings for bigamy or adultery; or

d. Criminal actions or proceedings brought imder provisions of

law requiring the husband to furnish proper maintenance and support to wife and minor children and providing for pimishment for

abandonment of wife or minor children. (Feb. 21, 1933, ch. 110,

sec. 103 [328b], 47 Stat. 898.)

673. Defendant as witness.—A defendant in a criminal action or proceeding cannot be compelled to be a witness against himself; but

if he offers himself as a witness, he may be cross-examined by the

counsel for the Government as to all matters about which he was

examined in chief. His neglect or refusal to be a witness cannot in any manner prejudice him nor be used against him on the trial or proceeding. (Feb. 21, 1933, ch. 110, sec.l04 [328c], 47 Stat. 899.)

Cross-Refekence

See also section 10 of this title; and title 1, section 1 (e).

794
THE CODE OF CRIMINAL PROCEDURE [T. 6, § G86 ARTICLE 3.—EXAMINATION OF WITNESSES CONDITIONALLY

Sec.

tiSl. Riccht to have witnesses examined conditionally. GS2. Grounds for ordering such examination. C83. Requisites of npplication for order.

(;S4. Making of applicalion fur order.

085. Order for examination.

686. Examination not to take place when

grounds nonexistent.

Sec. G87. Right of defendant to be present at examination.

OSS. Enforcing attendance of witness.

GS9. Reducing testimony to writing and au- thenticating it. 690. Transmitting the deposition to proper

court. 691. Reading the deposition in evidence.

681. Right to have witnesses examined conditionally.—When

defendant has been held to answer a charge for a public offense either or both defendant and the Government may, either before or after an

information, have witnesses examined conditionally in his or its behalf, as prescribed in this article, (Feb. 21, 1933, ch. 110, sec. 105

[329], 47 Stat. 899.)

Cross-Refexence

Conditional examination of witness unable to give security for appearance

in district court, see section 147 of this title.

682. Grounds for ordering such examination.—When a material

witness for the defendant, or for the Government, is about to leave

the Canal Zone, or is so sick or infirm as to afford reasonable grounds

for apprehension that he will be unable to attend the trial, the defendant or the Government may apply for an order that the witness

be examined conditionally. (Feb. 21, 1933, ch. 110, sec. 106 [330],

47 Stat. 899.)

683. Requisites of application for order.—The application must

be made upon affidavit stating:

a. The nature of the offense charged;

b. The state of tlie proceedings in the action

c. The name and residence of the witness, and that his testimony

is material to the defense or the prosecution of the action ; and

d. That the witness is about to leave the Canal Zone, or is so sick or infirm as to afford reasonable grounds for apprehending that he

will not be able to attend the trial. (Feb. 21, 1933, ch, 110, sec. 107 [331], 47 Stat. 899.)

684. Making of application for order.—The application may be

made to the district court or the judge thereof, and in case of his

absence or inability to act may be made to a magistrate. Three

days' notice of the application must be given to the opposite party.

(Feb. 21, 1933, ch, 110, sec. 107 [331], 47 Stat, 899.)

685. Order for examination.—If the court, judge or magistrate

is satisfied that the examination of the witness is necessary, an order

must be made that the witness be examined conditionally, at a specified time and place, and before a judge or magistrate designated

therein. (Feb. 21, 1933, ch. 110, sec. 108 [332], 47 Stat. 899.)

686. Examination not to take place when grounds nonexistent.—

If, at the time and place so designated, it is shown to the satisfaction

of the judge or magistrate that the witness is not about to leave the

Canal Zone, or is not sick or infirm, or that the application was made

795
T. 6, § 687] THE CODE OF CRIMINAL PROCEDURE

to avoid the examination of the witness on the trial, the examination cannot take place. (Feb. 21, 1933, ch. 110, sec. 110 [334], 47

Stat. 900.)

687. Right of defendant to be present at examination.—The

defendant has the right to be present in person and with counsel at such examination, and if the defendant is in custody, the officer in

whose custody he is, must be informed of the time and place of such

examination and must take the defendant thereto and keep him in

the presence and hearing of the witness during the examination.

(Feb. 21, 1933, ch. 110, sec. 109 [333], 47 Stat. 899.)

688. Enforcing attendance of witness.—The attendance of the

witness niay be enforced by a subpena, issued by the judge or magistrate before whom the examination is to be taken.

689. Reducing testimony to writing and authenticating it.—The

testimony given by the witness must be reduced to writing and be

properly authenticated.

690. Transmitting the deposition to proper court.—The judge or magistrate must seal up the deposition taken and transmit it to the

clerk of the court in which the action is pending or may come for

trial. 691. Reading the deposition in evidence.—The deposition, or a

certified copy thereof, may be read in evidence by either party on the

trial, upon its appearing that the witness is unable to attend, b}- reason of his death, insanity, sickness or infirmity, or of his con- tinued absence from the Canal Zone. Upon reading the deposition

in evidence, the same objections may be taken to a question or answer

contained therein as if the witness had been examined orally in court. ARTICLE 4.—EXAMINATION OP WITNESSES ON COMMISSION

Sec. 701. Right of defendant to examine wit- ness residing out of Canal Zone.

702. Grounds of application for order to examine.

703. Commission defined. 704. Requisites of application. 705. Application, to whum made.

706. Ordering commission to issue ; stay

of trial. 707. Settlement and allowance of inter- rogatories.

Sec. 708. Indorsement on commission of direc- tion as to return.

709. Execution of the commission.

710. Return of commission through an

agent.

711. Return by another in event of death

of agent.

712. Filing of commission and return.

713. Right to inspect and have copies of commission and return. 714. Reading depositions in evidence. 701. Right of defendant to examine witness residing out of

Canal Zone.—When an issue of fact is joined upon an information,

the defendant may have any material witness residing out of the

Canal Zone examined in his behalf, as prescribed in this article, and

not otherwise.

702. Grounds of application for order to examine.—When a material witness for the defendant resides out of the Canal Zone, the

defendant may apply for an order that the witness be examined on a commission.

703. Commission defined.—A commission is a process issued under

the seal of the court and the signature of the clerk directed to some

»^erson designated as commissioner, authorizing him to examine the

796
THE CODE OF CRIMINAL PROCEDURE [T. (3, § 709 witness under oath upon the interrogatories annexed thereto, to take

and certify the deposition of the witness, and to return it according

to the directions given with the commission.

704. Requisites of application.—The application must be made

upon affidavit stating:

a. The nature of the offense charged

b. The state of the proceedings in the action, and that an issue of

fact has been joined therein;

c. The name of the witnes3, and that his testimony is material to the defense of the action; and

d. That the witness resides and is at the time out of the Canal Zone,

and will not be within the jurisdiction of the court at the time of the

trial. 705. Application, to whom made.—The application may be made

to the court or judge and must be upon three days' notice to the

district attorney.

706. Ordering commission to issue ; stay of trial.—If the court to whom the application is made is satisfied of the truth of the facts

stated, and that the examination of the witness is necessary to the

attainment of justice, an order must be made that a commission be

issued to take his testimony ; and the court may insert in the order

a direction that the trial be stayed for a specified time, reasonably

sufficient for the execution and return of the commission.

707. Settlement and allowance of interrogatories.—When the

commission is ordered, the defendant must serve upon the district

attorney without delay a copy of the interrogatories to be annexed

thereto, with two days' notice of the time at which they will be

presented to the court or judge. The district attorney may in like manner serve upon the defendant or his counsel cross-interrogatories,

to be annexed to the commission, with the like notice. In the interrogatories either party may insert any question pertinent to the

issue. When the interrogatories and cross-interrogatories are pre- sented to the court or judge, according to the notice given, the court

or judge must modify the questions so as to conform them to the rules

of evidence, and must indorse upon them his allowance, and annex them to the commission.

708. Indorsement on commission of direction as to return.—

Unless the parties otherwise consent, by an indorsement upon the

commission, the court or judge must indorse thereon a direction as

to the manner in which it must be returned, and may, in his discretion, direct that it be returned by mail or otherwise, addressed to the clerk of the court in which the action is pending, designating

his name and the place where his office is kept.

709. Execution of the commission.—The commissioner, unless

otherwise specially directed, may execute the commission as follows

a. He must publicly administer an oath to the witness that his answers given to the interrogatories shall be the truth, the whole

truth, and nothing but the truth;

b. He must cause the examination of the witness to be reduced to writing and subscribed by him

797
T. 6, § 710] TEE CODE OF CRIMINAL PROCEDURE

c. He must write the answers of the witness as nearly as possible

in the language in which he gives them, and read to him each answer

as it is taken down, and correct or add to it until it conforms to what

he declares is the truth ; d. If the witness declines to answer a question, that fact, with

the reason assigned by him for declining, must be stated

e. If any papers or documents are produced before him and proved

by the witness, they, or copies of them, must be annexed to the deposition subscribed by the witness and certified b}'^ the commissioner;

f. The commissioner must subscribe his name to each sheet of the

deposition, and annex the deposition with the papers and documents

proved by the witness, or copies thereof, to the commission, and must

close it up under seal and address it as directed by the indorsement

thereon

g. If there is a direction on the commission to return it by mail,

the commissioner must forthwith deposit it in the nearest post office

and

h. If any other direction is made by the written consent of the

parties, or by the court or judge, or the commission, as to its return,

the commissioner must comply with the direction.

A copy of this section must be annexed to the commission.

710. Return of commission through an agent.—If the commission

and return are delivered by the commissioner to an agent, such agent

must deliver the same to the clerk to whom it is directed, or to the

judge of the court in which the action is pending, by whom it may be

received and opened, upon the agent making affidavit that he received

it from the hands of the commissioner, and that it has not been

opened or altered since he received it. 711. Return by another in event of death of agent.—If the agent

is dead, or from sickness or other casualty unable personally to deliver the commission and return, as prescribed in the next preceding

section, it may be received by the clerk or judge from any other

person, upon his making affidavit that

a. He received it from the agent;

b. The agent is dead or from sickness or other casualty unable to deliver it

c. It has not been opened or altered since the person making the

affidavit received it; and

d. He believes it has not been altered or opened since it came from

the hands of the commissioner.

712. Filing of commission and return.—The clerk or judge receiving and opening the commission and return, must immediately file them, with the affidavit mentioned in the two next preceding sections,

in the office of the clerk of the court in which the information is pending. If the commission and return are transmitted by mail,

the clerk to whom they are addressed must open and file them in his

office, where they must remain, unless otherwise directed by the court or judge.

713. Right to inspect and have copies of commission and re- turn.—The commission and return must at all times be open to the

798
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 722

inspection of the parties, who must be furnished by the clerk with

copies of the same, or of any part thereof, on payment of his fees. 714. Reading depositions in evidence.—The depositions taken

under the commission may be read in evidence by either party on the

trial, upon it being shown that the witness is unable to attend from

any cause whatever, and the same objections may be taken to a question in the interrogatories or to an answer in the deposition, as

if the witness had been examined orally in court. CHAPTER 18.—HABEAS CORPUS

Sec. 739. Dischai'gp for formal defect in -war- rant of commitment, forbidden.

740. Right to writ when committed on

criminal charge.

741. Hearing and disposition where charge

or process defective. 742. Remanding person to custody where

not entitled to discharge or hailed.

74.3. Commitment to legal custody of per- son held illegally. 744. Imprisonment again after discharge.

745. Issuance of warrant in lieu of writ

in certain cases. 746. Inserting command for apprehension

of person charged with detention.

747. Execution of warrant.

74S. Return and hearing on warrant.

749. Discharge or remand upon hearing on

warrant.

750. Time of issuance and service of writ

or process under this chapter.

751. Issuance and return of writs and

process under this chapter.

752. Place for return of writs and process.

Sec. 721. Right to writ In general.

722. Application for writ. 723. Granting of writ. 724. Power of magistrates in absence of

district judge.

725. Contents of writ. 726. Service of writ. 727. Disobedience for defect of form, for- bidden.

728. Proceedings upon disobedience to writ. 729. Damages for failure tu obey writ. 730. Contents of return. 731. Duty to produce body according to command of writ. 732. Procedure in case of illness of person

directed to be produced.

733. Hearing on return.

734. Proceedings on the hearing.

735. Disposition of person pending Judg- ment on return. 736. Discharge of person where no legal CJuse for restraint shown.

737. Remanding person detained by virtue

of lawful process. 738. Discharge of person detained by vir- tue of process, in certain cases. Section 721. Right to writ in general.—Any person unlawfully

imprisoned or restrained of his liberty, under any pretense whatever,

may prosecute a writ of habeas corpus to inquire into the cause ot such imprisonment or restraint.

Ceoss-Refeeence

Right to writ when committed on criminal charge, see section 740 of this

title. 722. Application for writ.—Application for the_ writ is made by

petition signed either by the person for whose relief it is intended or by some person in his behalf, and must specify

a. That the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty;

b. The officer or person by whom he is so confined or restrained,

naming all the parties if they are known or describing them if they

are not known;

c. The place wdiere the person is so confined or restrained ; and

d. In what the alleged illegality consists, if the imprisonment is alleged to be illegal.

The petition must be verified by the oath of the person making the

application. Cross-Reference

Deposit on filing of application for writ, see title 4, section 982.

799
T. 6, § 723] THE CODE OF CRIMINAL PROCEDURE

723. Granting of writ.—The writ of habeas corpus may be granted

by the district court or the judge thereof, upon petition by or on

behalf of any person restrained of his liberty. When a petition is presented the court or judge must grant it without delay if it appears

that it ought to issue. Ckoss-Reference

Power of judges of Circuit Court of Appeals, see U.S. Code, title 28, sec- tions 452 et seq.

724. Power of magistrates in absence of district judge.—During

the absence of the district judge, the powers conferred upon him and

the jurisdiction conferred upon the district court by this chapter

may be exercised by a magistrate or a magistrate's court; but the

magistrate herein referred to must be other than the one who committed the person to jail. In the event the magistrate or magistrate's court denies the writ, the proceedings may be begun and proceeded

w^ith de novo before the district court or judge upon his return. (Feb. 21, 1933, ch. 110, sec. 116 [413a], 47 Stat. 900.)

725. Contents of writ.—The writ must be directed to the person

having custody of or restraining the person on whose behalf the

application is made, and must command him to have the body of

such person before the court or judge before whom the writ is returnable at a time and place therein specified.

726. Service of writ.—If the writ is directed to any ministerial

officer of the court out of which it issues, it must be delivered by the

clerk to such officer without dela}'', as other writs are delivered for

service. If it is directed to any other person, it must be delivered to such officer of the court and be by him served upon such person by

delivering the same to him without delay. If the person to whom

the writ is directed cannot be found, or refuses admittance to the

officer or person serving or delivering the writ, it may be served or delivered by leaving it at the residence of the person to whom it is directed, or by affixing it to some conspicuous place on the outside,

either of his dwelling house or of the place where the person is confined or under restraint.

727. Disobedience for defect of form, forbidden.—No writ of

habeas corpus can be disobe3^ed for defect of form, if it sufficiently

appears therefrom in whose custody or under whose restraint the

party imprisoned or restrained is, the officer or person detaining

him, and the court or judge before whom he is to be brought.

728. Proceedings upon disobedience to writ.—If the person to whom the writ is directed refuses, after service, to obey the same, the court or judge, upon affidavit, must issue an attachment against such

person; directed to any officer, commanding him forthwith to apprehend such person and bring him immediately before sucli coni-t or judge; and upon being so brought, he must be committed to jail until

he makes due return to such writ, or is otherwise legally discharged.

Cboss-Refei'-ence Refusing to obey or eluding service of writ, see title 5, sections 191 to 193.

800
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 734

729. Damages for failure to obey writ.—If the officer or person

to whom the writ is directed refuses obedience to the command

thereof, he shall forfeit and pay to the person aggrieved a sum not

exceeding $1,000, to be recovered by action in any court of competent

jurisdiction,

730. Contents of return.—The person ujwn whom the writ is served must state in his return plainly and unequivocally

a. Whether he has or has not the person in his custody, or under

his power or restraint.

b. If he has the person in his custody or power, or under his re- straint, he must state the authority and cause of such imprisonment

or restraint.

c. If the person is detained by virtue of any writ, warrant or other

written authority, a copy thereof must be annexed to the return, and

the original produced and exhibited to the court or judge on the

hearing of such return.

d. It the person upon whom the writ is served had the person in

his power or custody, or under his restraint, at any time prior or subsequent to the date of the writ of habeas corpus, but has transferred

such custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what

authority, such transfer took place.

e. The return must be signed by the person making the same, and,

except when such person is a sworn public officer and makes such

return in his official capacity, it must be verified by his oath.

731. Duty to produce body according to command of writ.—The

person to whom the writ is directed, if it is served, must bring the

l3ody of the person in his custody or under his restraint, according

to the command of the writ, except in the cases specified in the sec- tion next following.

732. Procedure in case of illness of person directed to be pro

duced.—When, from sickness or infirmity of the person directed to be

produced, he cannot, without danger, be brought before the court

or judge, the person in whose custody or power he is may state that

fact in his return to the writ, verifying the same by affidavit. If the

court or judge is satisfied of the truth of such return, and the return

to the writ is otherwise sufficient, the court or judge may proceed to decide on such return and to dispose of the matter as if such person

had been produced on the writ, or the hearing thereof may be adjourned until such person can be produced.

733. Hearing on return.—The court or judge before whom the

writ is returned must, immediately after the return, proceed to hear

and examine the return, and such other matters as may be properly

submitted to the hearing and consideration.

734. Proceedings on the hearing.—The person brought before the court or judge, on the return of the writ, may deny or controvert any

of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his

imprisonment or detention is unlawful or that he is entitled to his

discharge. The court or judge must thereupon proceed in a sum801
T.6, §735] THE CODE OF CRIMINAL PROCEDURE

mary way to hear such proof as may be produced against such

imprisonment or detention, or in favor of the same, and to dispose

of such person as the justice of the case may require, and has full power and authority to require and compel the attendance of witnesses, by process of subpena and attachment, and to do and per- form all other acts and things necessary to a full and fair hearing

and determination of the case. 735. Disposition of person pending judgment on return.—Until

judgment is given on the return, the court or judge before whom

any person may be brought on such writ may commit him to the

custody of the warden of the jail, or place him in such care or under

such custody as his age or circumstances may require.

736. Discharge of person where no legal cause for restraint

shown.—If no legal cause is shown for such imprisonment or re- straint, or for the continuation thereof, the court or judge must dis- charge such person from the custody or restraint under which he

is held.

737. Remanding person detained by virtue of lawful process.

The court or judge, if the time during which such person may be

legally detained in custody has not expired, must remand such person, if it appears that he is detained in custody

a. By virtue of lawful process issued by a court or judge in a case where such court or judge has jurisdiction; or

b. By virtue of a warrant or final judgment or decree of any competent court of criminal jurisdiction, or of any process issued upon

such warrant, judgment or decree.

738. Discharge of person detained by virtue of process, in cer- tain cases.—If it appears on the return of the writ that the prisoner

is in custody by virtue of process from any court of the Canal Zone,

or judge or officer thereof, such prisoner may be discharged in any

of the following cases, subject to the restrictions of the next preceding section

a. When the jurisdiction of the court or officer has been exceeded;

b. When the imprisonment was at first lawful, yet by some act, omission, or event which has taken place afterwards, the party has

become entitled to a discharge;

c. When the process is defective in some matter of substance re- quired by law, rendering such process void

d. When the process, though proper in form, has been issued in a case not allowed by law;

e. When the person having custody of the prisoner is not the person

allowed b}^ law to detain him;

f. Where the process is not authorized by any order, judgment

or decree of any court, nor by any provision of law; or

g. Where a person has been committed on a criminal charge without reasonable or probable cause. 739. Discharge for formal defect in warrant of commitment,

forbidden.—If any person is committed to prison, or is in custody of

any officer on any criminal charge, by virtue of any warrant of

80?
THE CODE OF CRIMINAL PROCEDURE [T. G, § 745 commitment of a court, such person must not be discharged on the

ground of any mere defect of form in the warrant of commitment.

740. Right to writ when committed on criminal charge.—Any

person who has been committed on a criminal charge may be brought

before the district judge on a writ of habeas corpus. (Feb. 21, 1933,

ch. 110, sec. 115 [399], 47 Stat. 900.)

741. Hearing and disposition where charge or process defective.—If it appears to the court or judge by affidavit or otherwise or upon the inspection of the process or warrant of commitment and

such other papers in the proceedings as may be shown to the court or judge, that the person is guilty of a criminal offense or ought not

to be discharged, the court or judge, although the charge is defective or not substantially set forth in the process or warrant of commitment, must cause the complainant or other necessary witnesses to be

subpenaed to attend at such time as ordered, to testify before the

court or judge; and upon the examination he may discharge the

prisoner, admit him to bail if the offense is bailable or recommit

him to custody, as may be just and legal.

742. Remanding person to custody where not entitled to discharge or bailed.—If a person brought before the court or judge on

the return of the writ is not entitled to his discharge, and is not

bailed, where such bail is allowable, the court or judge must remand

him to custody or place him under the restraint from w^iich he was

taken, if the person under whose custody or restraint he was is legally entitled thereto.

743. Commitment to legal custody of person held illegally.—In

cases where any person is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such person,

the judge or court may order such person to be committed to the

restraint or custod}' of such person as is by law entitled thereto.

744. Imprisonment again after discharge.—No person who has

been discharged by order of the court or judge upon habeas corpus

can be again imprisoned or restrained, or kept in custody for the same cause, except in the following cases

a. If he has been discharged from custody on a criminal charge,

and is afterwards committed for the same offense, by legal order or

process; or

b. If, after a discharge for defect of proof, or for any defect of

the process, warrant or commitment in a criminal case, the prisoner

is again arrested on sufficient proof and committed by legal process

for the preceding offense. Ckoss-Referenge

Imprisonment of person discharged upon writ, see title 5, section 192. 745. Issuance of warrant in lieu of writ in certain cases.—When

it appears to the district court or judge that any one is illegally

held in custody, confinement or restraint, and that tliere is reason

to believe that such person will be carried out of the jurisdiction of

the court or judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ of habeas

803
T. 6, § 746] THE CODE OF CRIMINAL PROCEDURE

corpus can be enforced, such court or judge may cause a warrant

to be issued, reciting the facts, and directed to any court officer, commanding such officer to take such person thus held in custody,

confinement or restraint, and forthwith bring him before such court or judge, to be dealt with according to law.

746. Inserting command for apprehension of person charged

with detention.—The court or judge may also insert in such warrant

a command for the apprehension of the person charged with such

illegal detention and restraint.

747. Execution of warrant.—The officer to whom such warrant is delivered must execute it by bringing the person or persons therein

named before the court or judge who directed the issuing of such

warrant.

748. Return and hearing on warrant.—The person alleged to have

such person under illegal confinement or restraint may make return

to such warrant as in case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs and trial may thereupon be had as upon a return to a Avrit of habeas corpus. 749. Discharge or remand upon hearing on warrant.—If such

person is held under illegal restraint or custody, he must be dis- charged; and if not, he must be restored to the care or custody of

the person entitled thereto.

750. Time of issuance and service of writ or process under this

chapter.—Any writ or process authorized by this chapter may be

issued and served on any day or at any time.

751. Issuance and return of writs and process under this chapter.—All writs, warrants, process and subpenas authorized by the

provisions of this chapter must be issued by the clerk of the court,

and, except subpenas, must be sealed with the seal of such court and served and returned forthwith, unless the court or judge shall

specify a particular time for any such return. 752. Place for return of writs and process.—All such writs and

process, when made returnable before a judge, must be returned

before him at the place of holding court, and there heard and determined.

CHAPTER 19.—SEARCH WARRANTS

Sec. 761. Search warrant defined. 762. Grounds for issuance and places from

which property may be taken.

763. Issuance only upon probable cause sup- ported by affidavit. 764. Examination of complainant and wit- nesses and taking their depositions.

765. Contents of depositions. 7G6. Issuance of search warrant.

7()7. Form of warrant.

76S. Who may serve search warrant.

7()!). Authority of officer executing warrant

if refused admittance.

770. Authority of officer in liberating as- sistant or self. 771. Direction in warrant as to service in daytime or nighttime.

Sec. 772. Period within which warrant must be

served. 773. Receipting by officer for [iroperty taken.

774. Disposition of property taken. 775. Return of warrant and delivery of in- ventory of property taken.

776. Delivery of copies of inventory.

777. Proceedings where grounds of warrant

controverted.

778. Restoration of property on certain grounds.

779. Return of papers to court liaving power

to inquire into offense. 780. Directing searcli of defendant in pres- ence of Judge or magistrate.

Section 761. Search warrant defined.—A search warrant is an

order in writing, in the name of the Government of the Canal Zone,

804
TEE CODE OF CRIMINAL PROCEDURE [T. 6, § 765 signed by a judge or magistrate of a court of competent jurisdiction,

directed to a peace officer, commanding him to search for personal

property and bring it before the judge or magistrate who issued the

writ.

Cboss-Rkfeeencks

Search warrants, see also U.S. Code, title 18," sections 611 to 633, particularly

sections 632 and 633 (appendix, p. 947).

Maliciously procuring search warrant, see title 5, section 171. 762. Grounds for issuance and places from which property may

be taken.—It may be issued upon either of the following grounds

a. When the property was stolen or embezzled; in which case it may be taken on the warrant from any place in which it is concealed,

or from the possession of the person by whom it was stolen or embezzled, or from any person in whose possession it may be;

b. When it was used as the means of committing a felony; in

which case it may be taken on the warrant from the place in which

it is concealed or from the possession of the person by whom it was

used in the commission of the offense, or from any person in whose

possession it may be;

c. When it is in the possession of any person with the intent to use

it as a means of committing a public offense, or in the possession of

another to whom he may have delivered it for the purpose of concealing it or preventing its being discovered; in which case it may be

taken on the warrant from such person, or from any place occupied

by him or under his control, or from the possession of the person to whom he may have so delivered it; or

d. When the property is a cask, keg, bottle, vessel, siphon, can, case or other package, bearing printed, branded, stamped, engraved,

etched, blown or otherwise attached or produced thereon the duly

filed trademark or name of the person by whom, or in whose behalf,

the search warrant is applied for, in the possession of any person

except the owner thereof, with intent to sell or traffic in the same, or

refill the same with intent to defraud the owner thereof with such

intent, and without such owner's consent thereto, or unless the same

shall have been purchased from the owner thereof, in which case it may be taken on the warrant from such person, or from any place

occupied by him, or under his control, or from the possession of the

person to whom he may have delivered it. 763. Issuance only upon probable cause supported by affidavit.—

A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person, and particularly

describing the property and the place to be searched.

764. Examination of complainant and witnesses and taking their

depositions.—The judge or magistrate must, before issuing the warrant, examine on oath the complainant and any witnesses he may

produce, and take their depositions in writing and cause them to be

subscribed by the persons making them.

765. Contents of depositions.—The depositions must set forth the

facts tending to establish the ground of the application or probable

cause for believing that they exist.

805
T. 6, § 766] THE CODE OF CRIMINAL PROCEDURE

766. Issuance of search warrant.—If the judge or magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he must

issue a search warrant, signed by him with his name of office, to a peace officer, commanding him forthwith to search the person or place named, for the property specified, and to bring it before the

judge or magistrate.

767. Form of warrant.—The warrant must be in substantially the

following form

Court.

Division (or Subdivision).

The Government of the Canal Zone to the Marshal or any

peace officer of the Canal Zone.

Proof by affidavit having this day been made before me by

(naming every person whose affidavit has been taken), (.stating

that the grounds of the application, or if the affidavit be not

positive, that there is probable cause for believing that, stating

the ground of the application), you are therefore commanded,

in the daytime (or at any time of the day or night, as the case may be) to make immediate search on the person of (or

in the house situated describing it, or any other place to be searched, with reasonable particularity, as the ca,se may be)

for the following property: (describing it with reasonable particularity), and if you find the same, or any part thereof, to bring it forthwith before me (stating the place).

Given under my hand and dated this day of

A.D., nineteen

(Official signature.)

768. Who may serve search warrant.—A search warrant may, in

all cases, be served by any of the officers mentioned in its direction,

but bjT^ no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.

769. Authority of officer executing warrant if refused admittance.—The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to exe- cute the warrant, if, after notice of his authority and purpose, he

is refused admittance.

770. Authority of officer in liberating assistant or self.—He may

break open any outer or inner door or window of a house for the

purpose of liberating a person who, having entered to aid him in

the execution of the warrant, is detained therein, or when necessary

for his own liberation.

771. Direction in warrant as to service in daytime or nighttime.—The direction in the warrant must state that it be served in the daytime, unless the affidavits are positive that the property is on the person or in the place to be searched, in which case the direction may be that it be served at any time of the day or night.

772. Period within which warrant must be served.—A search

warrant may be executed and returned to the court by which it was

806
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 779

issued within ten days after its date ; after the expiration of this time,

the warrant, unless executed, is void.

773. Receipting by officer for property taken.—"VVlien the officer takes property under the warrant, he must give a receipt for the

property taken (specifying it in detail) to the person from whom

it was taken by him, or in whose possession it was found; or, in the

absence of any person, he must leave it in the place where he found

the property.

774. Disposition of property taken.—Wlien the property is delivered to the judge or magistrate, he must, if it was stolen or embezzled, dispose of it as provided in sections 822 to 827 of this title. If it was taken on a warrant issued on the grounds stated in

paragraphs b and c of section 762 of this title, he must retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him, or of any other court

in which the offense in respect to which the property taken is triable. (Feb. 21, 1933, ch. 110, sec. 117 [427], 47 Stat. 901.)

775. Return of warrant and delivery of inventory of property

taken.—The officer must forthwith return the warrant to the judge

or magistrate, and deliver to him a written inventory of the property

taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are

present, verified by the affidavit of the officer at the foot of the in- ventory, to the following effect : " I, (the officer by whom

this warrant was executed) do swear that the above inventory contains a true and detailed account of all the property taken by me on

the warrant."

776. Delivery of copies of inventory.—The judge or magistrate

must thereupon, if required, deliver a copy of this inventory to the

person from whose possession the property was taken, and to the

applicant for the warrant.

777. Proceedings where grounds of warrant controverted.—If

the grounds on which the warrant was issued are controverted, the

judge or magistrate must proceed to take testimony in relation

thereto, and the testimony of each witness must be reduced to writing.

778. Restoration of property on certain grounds.

If it appears

that the property taken is not the same as that described in the

warrant, or that there is no probable cause for believing the exist- ence of the grounds on which the warrant was issued, the judge

or magistrate must cause it to be restored to the person from whom

it was taken.

779. Return of papers to court having power to inquire into

offense.—The judge or magistrate must annex together the depositions, the search warrant and return, and the inventory, and, if he has not power to inquire into the offense in respect to which the

warrant was issued, must file them at once in the court having power

to so inquire.

807
T. 6, § 780] THE CODE OF CRIMINAL PROCEDURE

780. Directing search of defendant in presence of judge or magistrate.—When a person charged with a felony is believed b}^

the judge or magistrate before whom he is brought to have on his

person a dangerous weapon, or anything which may be used as evi- dence of the commission of the offense, the judge or magistrate may

direct him to be searched and the weapons or other thing to be re- tained, subject to his order, or to the order of the court in which the

defendant may be tried. CHAPTER 20.—DISMISSAL OF ACTION BEFORE OR AFTER

INFORMATION

Discharge of defendant upon dismissal

of action. Execution of judgment for imprisontion.

Bee. Sec. 791. Dismissal of action for want of timely 794. charge or trial. 792. Ordering action to be continued from 514. time to time. 793. Dismissal of action in furtherance of

justice. Section 791. Dismissal of action for want of timely charge or

trial.—The court, unless good cause to the contrary is shown, shall order the prosecution to be dismissed in the following cases

a. Where a person has been held to answer for a public offense it an information is not filed against him within twenty days thereafter; or

b. If a defendant, who,se trial has not been postponed upon his

application, is not brought to trial within one hundred and twenty

days after the filing of the information. (Feb. 21, 1933, ch. 110, sec. Ill [362, subs. 1], 47 Stat. 900.) 792. Ordering action to be continued from time to time.—If the

defendant is not charged or tried as provided in the next preceding

section, and sufficient reason therefor is shown, the court may order

the action to be continued from time to time, and in the meantime

may discharge the defendant from custody on his own undertaking

of bail for his appearance to answer the charge at the time to which

the action is continued.

793. Dismissal of action in furtherance of justice.—The court may, either of its own motion or upon the application of the district attorney and in furtherance of justice, order an action on an information to be dismissed. The reasons of the dismissal must be set forth

in an order entered upon the docket.

794. Discharge of defendant upon dismissal of action.—If tht court directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom ; or if admitted to bail, hijs bail is exonerated, or the money deposited in lieu of bail must be refunded

to him.

795. Dismissal as bar to another prosecution.—An order for the

dismissal of the action, as provided in this chapter, is a bar to any

other prosecution for the same offense, if it is a misdemeanor, unless

such order is explicitly made for the purpose of amending the complaint in the action, in which instance the order for dismissal of the

action shall not act as a bar to a prosecution upon the amended complaint; but an order for the dismissal of the action is not a bar if

808
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 812

the offense is a felony. (Feb. 21, 1933, ch. 110, sec. 112 [36G], 47

Stat. 900.)

CHAPTER 21.—COMPROMISING CERTAIN OFFENSES BY LEAVE OF

COURT

Sec. SOI. Ofifenses which may be compromised.

802. Compromise in discretion of court.

Sec. 803. Order as bar to another prosecution.

804. Chapter as providing sole mode of compromise.

Section 801. Offenses which may be compromised.—When a defendant is held to answer on a charge of a misdemeanor, for which

the person injured by the act constituting the offense has a remedy

by civil action, the offense may be compromised as provided in the

section next following, except when it is committed

a. By or upon an officer of justice, while in the execution of the

duties of his office;

b. Riotously; or

c. With an intent to commit a felony.

802. Compromise in discretion of court.—If the party injured

appears before the court in which the action is pending at any time

before trial and acknowledges that he has received satisfaction for

the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed and the defendant to be

discharged therefrom; but in such case the reasons for the order

must be set forth therein, and entered on the minutes.

803. Order as bar to another prosecution.—The order mentioned

in the next preceding section is a bar to another prosecution for the same offense. 804. Chapter as providing sole mode of compromise.—No public

offense can be compromised, nor can any proceeding or prosecution

for the punishment thereof be stayed upon a compromise, except as provided in this chapter.

CHAPTER 22.—INQUIRY INTO INSANITY OF DEFENDANT BEFORE

TRIAL OR AFTER CONVICTION

Sec. 815. Commitment to asylum as exonerating

bail. 816. Detention of defendant in asylum until sane.

Sec. 811. Prohibition of trial or punishment of person while Insane. 812. Submission of question of sanity to experts named by court.

81.3. Trial of question of insanity. 814. Finding of experts, and proceedings

thereafter. Section 811. Prohibition of trial or punishment of person while

insane.—A person cannot be tried, adjudged to punishment, or punished for a public offense while he is insane.

Ceoss-Refekence

Inquiry into sanity after judgment of death, see sections 524 to 527 of this

title.812. Submission of question of sanity to experts named by

court.—If a substantial doubt arises as to the sanity of the defendant

when an action is called for trial or at any time during the trial or

93083—34- -52 809
T. 6, § 813] TEE CODE OF CRIMINAL PROCEDURE

when the defendant is brought up for judgment on conviction, the court must order the question as to his sanity to be submitted to three

experts designated by the court, and the trial or the pronouncement of

judgment must be suspended until the question is determined by their

decision.

813. Trial of question of insanity.—The trial of the question of

insanit}^ must proceed in the following order:

a. The counsel for the defendant must open the case and offer evi- dence in support of the allegation of insanity

b. The counsel for the Government maj^ then open their case and

offer evidence in support thereof;

c. The parties may then respectively offer rebutting testimony

only, unless the court for good reason, in furtherance of justice, per- mits them to offer evidence upon their original cause

d. When the evidence is concluded, on either or both sides without

argument, the counsel for the Government must commence, and the

defendant or his counsel may conclude the argument;

e. If the information is for an offense punishable with death, two

counsel on each side may argue the cause, in which case they must do

so alternately. In other cases the argument may be restricted to one counsel on each side; and

f. The court must then charge the experts, stating to them all matters of law necessary for their information in giving their verdict.

814. Finding of experts, and proceedings thereafter.—If the

experts find the defendant sane, the trial must proceed or judgment

be pronounced, as the case may be. If the experts find the defendant

insane, the trial or judgment must be suspended until he becomes

sane, and the court must order that he be in the meantime committed

to an insane asylum, and that upon his becoming sane he be delivered

to the warden of the jail.

815. Commitment to asylum as exonerating bail.—The commitment of the defendant, as mentioned in the next preceding section, exonerates his bail, or entitles a person authorized to receive the

property of the defendant to a return of any money he may have

deposited instead of bail. 816. Detention of defendant in asylum until sane.—If the

defendant is received into the asylum, he must be detained there

until he becomes sane. When he becomes sane, the superintendent

must give notice of that fact to the district attorney. The warden

must thereupon, without delay, bring the defendant from the

asylum and place him in proper custody until he is brought to trial or judgment, as the case may be, or is legally discharged.

810
THE CODE OP CRIMINAL PROCEDUKE [T. 6, § 826 CHAPTER 23.—DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED

Sec. S21. Holding by officer of stolen property coming into his custody.

822. Restoration of such property to owner

by court. 823. Restoration of stolen property coming into custody of court. 824. Restoration of stolen property by

court before which trial is had.

Sec. 825. Disposal of stolen property which is unclaimed.

82G. Receipting for property taken from

person arrested.

827. rolice department entries as to stolen property.

Section 821. Holding by officer of stolen property coming into

his custody.—When property alleged to have been stolen or embezzled, comes into the custody of a peace officer, he must hold it subject

to the order of the court authorized by the section next following

to direct the disposal thereof.

822. Restoration of such property to owner by court.—On satis- factory proof of the ownership of the property, the court before

which the complaint is laid, or which examines the charge against

the person accused of stealing or embezzling it, must order it to be

delivered to the owner on his paying the necessary expense incurred

in its preservation, to be certified by the judge or magistrate of the

court. The order entitles the owner to demand and receive the

property.

823. Restoration of stolen property coming into custody of

court.—If property stolen or embezzled comes into custody of a court,

it must be. delivered to the owner on satisfactory proof of his title, and on his paying the necessary expense incurred in its preservation,

to be certified by the judge or magistrate of the court. 824. Restoration of stolen property by court before which trial

is had.—If the property stolen or embezzled has not been delivered

to the owner, the court before which a trial is had for stealing or embezzling it, may, on proof of his title, order it to be restored to the owner.

825. Disposal of stolen property which is unclaimed.—If the

property stolen or embezzled is not claimed by the owner before the

expiration of six months from the conviction of a person for stealing or embezzling it, the court shall order it sold on such terms and under

such conditions as the court shall direct. The officer making the sale shall return the proceeds into court, whereupon the court shall order

the balance of the proceeds, after deducting therefrom the expenses

incurred in the preservation and sale of the property, to be delivered

to the collector of the Panama Canal to be covered into the Treasury

of the United States as miscellaneous receipts. (Feb. 21, 1933, ch. 110, sec. 114 [379], 47 Stat. 900.)

826. Receipting for property taken from person arrested.—Wlien

money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it must at the time give

duplicate receipts therefor, specifying particularly the amount of

money or the kind of property taken ; one of which receipts he must

deliver to the defendant and the other of which he must forthwith file with the clerk of the court to which the depositions and statements

are to be sent. When such property is taken by a police or peace offi811
T. 6, § 827] THE CODE OF CRIMINAL PROCEDURE

cer, he must deliver one of the receipts to the defendant, and one, with

the property, to the clerk or other person in charge at the police

department.

827. Police department entries as to stolen property.—The clerk or person having charge at the police department must enter in a

suitable book a description of every article of property alleged to be

stolen or embezzled and brought into the office or taken from the per- son of a prisoner, and must attach a number to each article, and make

a corresponding entry thereof.

CHAPTER 24.—PROCEEDINGS AGAINST CORPORATIONS

Sec. 831. Summons on complaint against cor- poration.

832. Service of summons.

833. Examination of charge.

834. Certificate of probable cause and re- turn thereof.

Sec. 835. Filing of information.

836. Appearance and plea. 837. Collection of fine imposed upon conviction.

Section 831. Summons on complaint against corporation.—Upon

a complaint being filed against a corporation, a summons must be

issued requiring the corporation to appear before the magistrate at a

specified time and place, to answer the charge, the time to be not

less than ten days after the issuing of the summons.

832. Service of summons.—The summons must be served at least

five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head

of the corporation, or to the secretary, cashier or managing agent

within the Canal Zone. (Feb. 21, 1933, ch. 110, sec. 113 [368], 47

Stat. 900.)

833. Examination of charge.—At the time appointed in the summons, the magistrate before whom the corporation is summoned

to appear must proceed to investigate the charge in the same manner as in the case of a natural person, so far as these proceedings are

applicable.

834. Certificate of probable cause and return thereof.—After

hearing the proofs, the magistrate must certify either that there is or is not sufficient cause to believe the corporation guilty of the

offense charged, and must return the certificate. 835. Filing of information.—If the magistrate returns a certificate that there is sufficient cause to believe the corporation guilty of the

offense charged, the district attorney may file an information thereon

as in case of a natural person held to ansAver. 836. Appearance and plea.—If an information is filed, the corporation may appear by counsel to answer the same. If it does not

thus appear, a plea of not guilty must be entered, and the same pro- ceedings had thereon as in other cases. 837. Collection of fine imposed upon conviction.—When a fine is imposed upon a corporation on conviction, it may be collected by

virtue of the order imposing it, by the proper officer of the court, out of the real and personal property of the corporation.

812
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 861 CHAPTER 25.—CLERK OF THE DISTRICT COURT

Sec. 843. Turning over revenues to collector of Panama Canal.

Sec. 841. Keeping of criminal docket.

842. Other duties as assigned by district judge. Section 841. Keeping of criminal docket.—A docket must be kept

by the clerk of the district court denominated a criminal docket,

in which he shall enter each criminal action and whatever proceedings are had therein, and a statement of the costs. (Feb. 21,

1933, ch. 110, sec. 38a [103], 47 Stat. 886.)

Ckoss-Refekences

All informations filed with clerk, see section 175 or this title. Appointment and compensation of clerk, see title 7, section 36. Keeping calendar of pending actions, see section 311 of this title. 842. Other duties as assigned by district judge.—The clerk shall perform such other duties as may from time to time be assigned him

by the judge of the district court. (Feb. 21, 1933, ch. 110, sec. 39

[105], 47 Stat. 886.)

843. Turning over revenues to collector of Panama Canal.—The

clerk shall at the end of each month turn over to the collector of

the Panama Canal all the Government revenues collected or paid

to him of whatever character or nature. (Feb. 21, 1933, ch. 110,

sec. 38a [103], 47 Stat. 886.)

CHAPTER 26.—FUGITIVES FROM JUSTICE; EXTRADITION

Art. Sec.

1. Reward for apprehension 851

2. Extradition between Canal Zone

and United States or foreign

countries generally 861

3. Extradition of fugitives from the Republic of Panama 881

ARTICLE 1.—REWARD FOR APPREHENSION

Section 851. Reward for apprehension of escaped convicts and

certain offenders.—The Governor of the Panama Canal may offer a reward not exceeding $1,000 for the apprehension

a. Of any convict who has escaped from the penitentiary; or

b. Of any person who has committed or is charged with the co n- mission of an offense punishable with death.

ARTICLE 2.—EXTRADITION BETWEEN CANAL ZONE AND UNITED

STATES OR FOREIGN COUNTRIES GENERALLY

Sec. 861. Application of laws and treaties of United States. 862. Warrant for arrest of fugitive from

State or Territory.

863. Proceedings for arrest and commitment.

864. Commitment pending arrest on warrant of Governor.

865. Admission to bail pending arrest on

warrant of Governor.

866. Giving notice of arrest to district at- torney.

Sec. 867. Giving of notice by district attorney

to State or Territory.

868. Discharge of person unless arrested on warrant of Governor.

869. Inquiry by district court into cause

of arrest and detention. 870. Accounts of person employed to bring

fugitive back to Canal Zone.

871. No fee or reward for procuring re- turn or detention of fugitive.

861. Application of laws and treaties of United States.—All laws

and treaties relating to the extradition of persons accused of crime

813
T. 6, § 862] TEE CODE OF CRIMINAL PROCEDURE

in force in the United States, to the extent that they are not in

conflict with or superseded by any special treaty entered into between

the United States and the Republic of Panama with respect to the

Canal Zone, and all laws relating to the rendition of fugitives from

justice as between the several States and Territories of the United

States, shall extend to and be considered in force in the Canal Zone,

and for such purposes the Canal Zone shall be considered and treated

as an organized Territory of the United States. (Aug. 24, 1912, ch. 390, sec. 12, 37 Stat. 569 [U.S. Code, title 48, sec. 1330].)

Ckoss-Reb^rences For laws of United States respecting extradition of persons accused of crime,

see U.S. Code, title 18, sections 651 to 668 (appendix, p. 951.) Extradition of fugitives from Panama, see sections 881 to 892 of this title. Exclusion and deportation of persons, see title 2, sections 141 and 142. 862. Warrant for arrest of fugitive from State or Territory.—

A magistrate may issue a warrant for the apprehension of a person

charged in any State or Territory of the United States with having

committed treason or felony who flees from justice and is found in

the Canal Zone.

Ckoss-Refeeencb

Duties of Governor in respect to arrest and delivery of fugitive, upon demand

of State or Territory and production of requisite papers, see U.S. Code, title 18, section 662 (appendix, p. 954).

863. Proceedings for arrest and commitment.—The proceedings

for the arrest and commitment of a person so charged shall be in all respects similar to those provided in this title for the arrest and

commitment of a person charged with a public offense committed in

the Canal Zone, except that a certified copy of an instrument found,

or other judicial proceedings had against him in the State or Territory in which he is charged to have committed the offense, may be

received as evidence before the magistrate.

864. Commitment pending arrest on warrant of Governor.—If,

from the examination, it appears that the accused has committed the

crime alleged, the magistrate by warrant reciting the accusation must

commit the fugitive to the proper custody in that subdivision for

such time, to be specified in the warrant, as the magistrate may

deem reasonable to permit the arrest of the fugitive, as provided in

section 5278 of the Revised Statutes of the United States (U.S.

Code, title 18, sec. 662), upon the warrant of the Governor of the

Panama Canal, on the demand of the executive authority of the State

or Territory in which the fugitive committed the offense, unless he

gives bail as provided in the section next following, or until he is legally discharged.

865. Admission to bail pending arrest on warrant of Governor.—

The magistrate may admit the person arrested to bail by an undertaking with sufficient sureties and in such sum as the magistrate

deems proper, for the appearance of such person before the magistrate at a time specified in the undertaking and for the surrender of

such person to arrest upon the warrant of the Governor.

814
THE CODE OF CRIMINAL PROCEDURE IT. 6, § 871

866. Giving notice of arrest to district attorney.—Immediately

upon the arrest of the person charged, the magistrate must give notice

thereof to the district attorney.

867. Giving of notice by district attorney to State or Territory.—The district attorney must immediately thereafter give notice

to the executive authority of the State or Territory, or to the prosecutinfj- attorney or presiding judge of the court of the city or county

within the State or Territory having jurisdiction of the offense, to the end that a demand may be made for the arrest and surrender ot

the person charged.

868. Discharge of person unless arrested on warrant of Gov- ernor.—The person arrested must be discharged from custody or bail

unless, before the expiration of the time designated in the warrant

or undertaking, he is arrested under the warrant of the Governor.

869. Inquiry by district court into cause of arrest and detention.—The magistrate must return his proceedings to the district

court, which must thereupon inquire into the cause of the arrest and

detention of the person charged, and if he is in custody or the time

of his arrest has not elapsed, it niay

a. Discharge him from detention;

b. Order his undertaking or bail to be canceled

c. Continue his detention for a longer time; or

<. • ud. Readmit him to bail to appear and surrender himself withm

a time specified in the undertaking.

870. Accounts of person employed to bring fugitive back to Canal Zone.—When the Governor of the Panama Canal demands the

surrender to the authorities of the Canal Zone of a fugitive from

justice who has been found and arrested in any State or Territory

of the United States or in any foreign country, the accounts of the

person employed by the Governor to bring back such fugitive must

be audited and paid out of the treasury of the Canal Zone.

871. No fee or reward for procuring return or detention of

fugitive.—No compensation, fee or reward of any kind can be paid

to or received by a public officer of the Canal Zone, or other person,

for a service rendered in procuring from the Governor the clemand

mentioned in the next preceding section, or the surrender of the fugitive, or for conveying him to the Canal Zone, or detaining him

therein, except as provided in that section.

618
T. 6, § 881] THE CODE OF CRIMINAL PROCEDURE

ARTICLE 3.- -EXTRADITION OF FUGITIVES FROM THE REPUBLIC OF

PANAMA

Sec. 881. Delivery to Panama of offenders who

seek refuge in Canal Zone.

882. Discretion as to delivery of citizen of United States. 883. Delay in delivery of person under ac- cusation or sentence in Canal Zone.

884. Prosecution for graver offense than

that for which fugitive was deliv- ered. 885. Requisites of demand for arrest and

delivery of fugitive. 886. Telegraphic request for detention in case of urgency.

Sec. 887. Accomplishment of arrest and detention. 888. Term of detention.

889. Authority of agents of Panama re- ceiving fugitive in Canal Zone.

890. Duty of Canal Zone authorities to

facilitate return of fugitive. 891. Delivery of objects found in fugitive's possession. 892. Expense of capture, detention and

transportation of fugitive.

881. Delivery to Panama of offenders who seek refuge in Canal

Zone.—All persons who have been condemned, prosecuted or accused

before the courts of the Republic of Panama as authors or accomplices of crimes, transgressions or offenses against the laws of said

Republic, who seek refuge in the Canal Zone, shall be, upon apprehension, taken into custody by the authorities of the Canal Zone

and delivered to the authorities of the Republic of Panama, upon

the demand of the Government of that Republic and compliance

with the procedure hereinafter prescribed, (July 5, 1932, ch. 419,

sec. 1, 47 Stat. 574 [U.S. Code, title 48, sec. 1330a].)

882. Discretion as to delivery of citizen of United States.—The

Government of the Canal Zone is at liberty to decline compliance

with a demand of the Government of the Republic of Panama for

the arrest and delivery to the authorities of said Republic of a fugitive from the justice of the Republic of Panama when said fugitive

is a citizen of the United States. The discretion hereby reserved

shall be exercised by the Governor of the Panama Canal. (July 5, 1932, ch. 419, sec. 2, 47 Stat. 574 [U.S. Code, title 48, sec. 1330b].)

883. Delay in delivery of person under accusation or sentence

in Canal Zone.—If the person whose arrest and delivery is demanded

should be accused of, or under sentence for, any crime, transgression

or offense committed in the Canal Zone, he shall not be delivered to the authorities of the Republic of Panama until he has been ac- quitted, pardoned, or undergone his sentence pursuant to the provisions of the laws of the Canal Zone. (July 5, 1932, ch. 419, sec. 3, 47 Stat. 574 [U.S. Code, title 48, sec. 1330c].)

884. Prosecution for graver offense than that for which fugitive was delivered.—If, in the course of the proceedings in the courts of the Republic of Panama, in the case to which the arrest and delivery appertain, it should appear that probable cause exists for

believing the delinquent guilty of another and graver offense against

the laws of the Republic of Panama than that which gave rise to the

request for his apprehension and delivery, the Government of that

Republic may prosecute said fugitive for such other offense after

notice to that effect to the Government of the Canal Zone. (July 5, 1932, ch. 419, sec. 4, 47 Stat. 574 [U.S. Code, title 48, sec. 1330d].)

885. Requisites of demand for arrest and delivery of fugitive.—

The demand for the arrest and delivery of a fugitive from the justice of the Republic of Panama, pursuant to the terms of this article,

810
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 891

will be complied with when made in writing and signed by the

Secretary of Foreign Relations of the Republic of Panama, or by his

direction, and presented to the Governor of the Panama Canal. If

the demand is for a condemned and fugitive criminal, it must be

accompanied by a duly certified copy of sentence pronounced by a court of competent jurisdiction, and, as far as possible, a description of the fugitive sought to be reclaimed. (July 5, 1932, c. 419,

sec. 5, 47 Stat. 575 [U.S. Code, title 48, sec. 1330e].)

886. Telegraphic request for detention in case of urgency.—In

case of urgency, where there are reasonable grounds for fearing

that the fugitive may avoid apprehension, his detention may be

asked for by telegraph. (July 5, 1932, ch. 419, sec. 6, 47 Stat. 575

[U.S. Code, title 48, sec. 1330f].)

887. Accomplishment of arrest and detention.—The arrest and

detention shall be accomplished in the manner and by the officials prescribed by the laws of the Canal Zone. (July 5, 1932, ch. 419,

sec. 6, 47 Stat. 575 [U.S. Code, title 48, sec. 1330f].)

888. Term of detention.—Detentions authorized by this article

shall not continue longer than fifteen days, during which the

procedure for securing the delivery of said fugitive to the authorities

of the Republic of Panama shall be completed. (July 5, 1932, ch. 419, sec. 6, 47 Stat. 575 [U.S. Code, title 48, sec. 1330f].)

889. Authority of agents of Panama receiving fugitive in Canal

Zone.—For the purpose of accomplishing the delivery of the fugitives

apprehended and delivered in pursuance of this article the Republic

of Panama may send its agent or agents duly authorized to receive

said fugitive into the territory of the Canal Zone, but said agent's

action and authority shall be limited to receiving such fugitive at the point of departure for return to the Republic of Panama and.

at the moment of departure and thenceforth, to exercising the neces- sary vigilance and restraint to prevent the escape of the person in

custody. (July 5, 1932, ch. 419. sec. 7, 47 Stat. 575 [U.S. Code, title 48, sec. 1330g].)

890. Duty of Canal Zone authorities to facilitate return of

fugitive.—It is hereby made the duty of the authorities of the Canal

Zone on the line of transit to provide the persons charged with the

conveyance of such fugitives so delivered with all the means neces- sary to prevent escape and to remove all unlawful obstacles that may

hinder or delay the return of such fugitives to the territory of the

Republic of Panama. (July 5, 1932, ch. 419, sec. 8, 47 Stat. 575

[U.S. Code, title 48, sec. 1330h].)

891. Delivery of objects found in fugitive's possession.—All

papers and other objects found in the possession of the fugitive at the time of his detention that refer to the crime, transgression or

offense of which the fugitive is accused or convicted shall be delivered

to the Government of the Republic of Panama. These papers and

objects must be restored after the conclusion of the case if there are third parties who assert a right to or over them. The authorities of

the Government of the Canal Zone may provisionally retain said

objects and papers so long as they are required for use as evidence

817
T. 6, § 892] TEE CODE OF CRIMINAL PROCEDURE

in some other case pending; or contemplated in the courts of the

Canal Zone, whether such case be related or not to the case wherein

the demand for the apprehension and return of the fugitive originated. (July 5, 1932, ch. 419, sec. 9, 47 Stat. 575 [U.S. Code, title 48, sec. 1330iJ.)

892. Expense of capture, detention and transportation of fugitive.—The expense of capture, detention and transportation of a

fugitive from the justice of the Republic of Panama, shall be paid

by that Republic ; but such expenses shall not include compensation

for the services of the judiciary, military or police authorities of the

Government of the Canal Zone. (July 5, 1932, ch. 419, sec. 10, 47

Stat. 575 [U.S. Code, title 48, sec. 1330j].)

CHAPTER 27.—PENAL INSTITUTIONS

Sec. 904. Transfer of prisoners from one penal

institution to anottier. 905. Bringing prisoner before a court.

Sec. 901. Penitentiary at Gamboa.

902. Receipt and detention of convicts at

penitentiary.

90.3. Punishment for injury to prisoner in penitentiary.

Section 901. Penitentiary at Gamboa.—The prison situated at Gamboa is hereby declared to be a penitentiary of and for the Canal

Zone.

Ceoss-Referenoes

Execution of judgments of conviction, see sections 511 to 533 of this title. Rescuing of prisoners, escapes from prison, and aiding and assisting therein, see title 5, sections 201 to 206. Pardons and reprieves, see title 2, section 2:61. 902. Receipt and detention of convicts at penitentiary.—The

warden or keeper of the penitentiary shall receive, imprison and

detain all persons who have been sentenced to imprisonment therein

by the district court or by other courts possessing the requisite jurisdiction or by other competent authority.

903. Punishment for injury to prisoner in penitentiary.—The

person of a convict sentenced to imprisonment in the penitentiary is under the protection of the law and any injury to his person not authorized by law is punishable in the same manner as if he were

not convicted or sentenced.

Cboss-Reference

Willful inhumanity to prisoner, see title 5, section 177. 904. Transfer of prisoners from one penal institution to another.—Prisoners may be transferred from one penal institution

to such other penal institution within the Canal Zone as the Governor

of the Panama Canal may designate in the following cases:

a. When the room in any penal institution is insufficient for the

prisoners confined therein ; or

b. When the Governor determines, in the cases of women prisoners or prisoners under eighteen years of age, that the public welfare

will best be subserved by imprisonment elsewhere than at Gamboa.

This transfer shall not, however, aggravate or affect the condition

of the prisoners in any way, and they shall serve in accordance with

their sentences. (Feb. 21, 1933, ch. 110, sec. 118 [447], 47 Stat. 901.)

818
THE CODE OF CRIMINAL PROCEDURE [T. 6, § 905

905. Bringing prisoner before a court.—When it is necessary to have a person who is imprisoned in a penal institution brought be- fore a court, an order for that purpose may be made by the court and executed by the officer of the court where it is made.

CeOS8-REI< EKENCE Where mateiial witness is prisoner, see section 661 of this title.

819

THE JUDICIARY tT. 7, § 3

TITLE 7.—THE JUDICIARY

Ch. Sec.

1. Magistrates' Courts - 1

2. District Court 21

Ch. Sec.

3. Circuit Court of Appeals, Firth Circuit 61

Ceoss-Res'ebencb General provisions respecting courts of justice, see title 4, sections 19 to 34. CHAPTER 1.—MAGISTRATES' COURTS

Sec.

1. Establishment of magistrates' courts.

'2. Jurisdiction in general.

3. Preliminary hearings in charges of of- fenses beyond jurisdiction.

Sec.

4. Appointment, term and compensation of magistrates, constables and other employees.

5. Oath of magistrates and constables.

6. Rules governing magistrates' courts.

7. Appeals to district court authorized. Section 1. Establishment of magistrates* courts.—In each town

established under the provisions of section 4 of title 2, there shall be

a magistrate's court. (Aug. 24, 1912, ch. 390, sec. 7, 37 Stat. 564;

Sept. 21, 1922, ch. 370, sec. 1, 42 Stat. 1004; Feb. 16, 1933, ch. 91, sec. 1, 47 Stat. 814 [U.S. Code, title 48, sec. 1342].)

2. Jurisdiction in general.—A magistrate's court shall have exclusive original jurisdiction coextensive with the subdivision in which

it is situated of

a. All civil actions in which the principal sum claimed does not

exceed $500;

b. All criminal actions wherein the punishment that may be imposed does not exceed a fine of $100, or imprisonment for thirty

days, or both; and

c. All actions involving the forcible entry and detainer of real

estate. (Aug. 24, 1912, ch. 390, sec. 7, 37 Stat. 564; Sept. 21, 1922,

ch. 370, sec. 1, 42 Stat. 1004; Feb. 16, 1933, ch. 91, sec. 1, 47 Stat. 814

[U.S. Code, title 48, sec. 1342].)

Ceoss-Befkbences

Powers and duties of magistrates in respect to criminal proceedings, see title

6, sections 111 to 115. Trial of offenses in magistrates' courts, see title 6, sections 121 to 127.

3. Preliminary hearings in charges of offenses beyond jurisdiction.—The magistrates' courts shall hold preliminary hearings

in all charges of felony and in charges of misdemeanor in which the

punishment that may be imposed is beyond the jurisdiction granted

to the magistrates' courts, and commit or bail in bailable cases to the

district court ; but this provision shall not deprive the district attorney

of the right to present an information to the district court after a defendant has been discharged by a magistrate's court. (Aug. 24,

1912, ch. 390, sec. 7, 37 Stat. 564; Sept. 21, 1922, ch. 370, sec. 1, 42

Stat. 1004; Feb. 16, 1933, ch. 91, sec. 1, 47 Stat. 814 [U.S. Code, title 48, sec. 1342].)

Cboss-Reterence

Conduct of preliminary hearings, see title 6, sections 141 to 150.

821
T. 7, § 4] THE JUDICIARY

4. Appointment, term and compensation of magistrates, con- stables and other employees.—A sufficient number of magistrates

and constables, who must be citizen,s of the United States, and other

employees necessary to conduct the business of such courts, shall be

appointed by the President or by his authority for terms of four

years and until their successors are appointed and qualified, and the

compensation of such persons shall be fixed by the President or by

his authority. (Aug. 24, 1912, ch. 390, sec. 7, 37 Stat. 564; Sept.

21, 1922, ch. 370, sec. 1, 42 Stat. 1004; Feb. 16, 1933, ch. 91, sec. 1, 47 Stat. 814 [U.S. Code, title 48, sec. 1342].)

5. Oath of magistrates and constables.—Before assuming office the magistrate and constables .shall take and subscribe an oath of

office before a notary public of the Canal Zone to the effect that they

will faithfully and impartially discharge the duties of their re- spective offices. (Aug. 24, 1912, ch. 390, sec. 7, 37 Stat. 564 ; Sept.

21, 1922, ch. 370, sec. 1, 42 Stat. 1004; Feb. 16, 1933, ch. 91, sec. 1, 47 Stat. 814 [U.S. Code, title 48, sec. 1342].)

6. Rules governing magistrates' courts.—Eules shall be established by order of the President governing magistrates' courts and

prescribing

a. The duties of magistrates and constables

b. Oaths and bonds;

c. The times and places of holding magistrates' courts; and

d. The disposition of fines, costs and forfeitures. (Aug. 24, 1912,

ch. 390, sec. 7, 37 Stat. 564; Sept. 21, 1922, ch. 370, sec. 1, 42 Stat. 1004: Feb. 16, 1933, ch. 91, sec. 1, 47 Stat. 814 [U.S. Code, title 48,

sec. 1342].)

Cross-references

Constables as peace officers, see title 6, section 84. Powers and duties of magistrates iu relation to ci'iminal proceedings, in general, see title 6, sections 111 to 115.

7. Appeals to district court authorized.—Appeals from the

judgments and rulings of the magistrates' courts to the district court

are authorized in all civil and criminal cases. (Aug. 24, 1912, ch. 390, sec. 7, 37 Stat. 564; Sept. 21, 1922, ch. 370, sec. 1, 42 Stat. 1004;

Feb. 16, 1933, ch. 91, sec. 1, 47 Stat. 814 [U.S. Code, title 48, sec. 1343].)

Cross-References

Appeals in civil cases, see title 4, sections 881 to 891. Appeals iu criminal cases, see title 6, sections 131 to 135.

822
THE JUDICIARY [T. 7, § 23 CHAPTER 2.—DISTRICT COURT

25.

2G.

27.

Sec.

33. Jury trial. 34. Selection, summoning and serving of

jurors.

35. Compensation of jurors.

36. Clerk of court ; d< puty clerks and

clerical assistants.

37. District attorney.

:;S. Uuties of district attorney generally.

39. Assistant district attorneys ; clerks and

other employees.

40. Marshal and deputy marshals.

41. Powers and duties of marshal generally.

42. Appointment, term, leave and residence

of district judge, attorney and marshal.

43. Public defender.

Sec.

21. Establishment and designation of dis- trict court.

22. Divisions of district court.

23. Jurisdiction of district court, in general. 24. Law and equity jurisdiction need not

be separately exercised. Admiralty jurisdiction, practice and

procedure.

Juiisdiction, practice and procedure in cases of offenses on high seas. Rules of district court.

28. Terms of district court.

29. District judge ; special district judge.

30. Compensation of district judge.

31. Authority of district judge to mak»»

certain orders when absent.

32. Communication of such orders to clerk by mail and by radio or other means. Section 21. Establishment and designation of district court.—

There shall be in the Canal Zone one district court, to be known

and designated as the United States District Court for the District

of the Canal Zone. (Aug. 24, 1912, ch. 390, sec. 8, 37 Stat. 565 ; Sept.

21. 1922, ch. 370, sec. 2, 42 Stat. 1005 ; Feb. 16, 1933, ch. 91, sec. 2, 47 Stat. 815 [U.S. Code, title 48, sec. 1344].) Cross-Reteeences

Seal of district court, see title 4, section 24. District court dockets, see title 4, section 26 ; and title 6, section 841. 22. Divisions of district court.—There shall be two divisions of

the district court, one including Balboa and the other including

Cristobal, and the boundaries of the divisions shall be determined bv

the President. (Aug. 24, 1912, ch. 390, sec. 8, 37 Stat. 565; Sept.

21, 1922, ch. 370, sec. 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91, sec. 2, 47 Stat. 815 [U.S. Code, title 48, sec. 1344].)

23. Jurisdiction of district court, in general.—The district court

shall have jurisdiction of

a. All criminal actions wherein punishment that may be imposed

exceeds a fine of $100 or thirty days' imprisonment or both;

b. All cases in equity;

c. All cases in admiralty;

d. All actions for divorce and annulment of marriage

e. All actions at law involving principal sums exceeding $500;

f. All appeals from judgments rendered in the magistrates' courts;

g. All actions and proceedings involving laws of the United States applicable to the Canal Zone; and

h. All other matters and proceedings wherein jurisdiction is conferred by the codes of law and procedure of the Canal Zone. (Aug.

24, 1912. ch. 390, sec. 8, 37 Stat. 565 ; Sept. 21, 1922, ch. 370, sec. 2,

42 Stat. 1005; Feb. 16, 1933, ch. 91, sec. 2, 47 Stat. 815 [U.S. Code,

title 48, sec. 1345].)

Cross-Refejrences

Jurisdiction of actions for injuries to vesols or passengers in passing through

locks, see title 2, section 10. Jusisdiction to compel attendance of witnesses and production of papers

before Canal officers, see title 2, section 43.

823
T. 7, § 24] THE JUDICIARY

Jurisdiction of actions for recovery of certain fines under vessel inspection

laws, see title 2, section 156. Jurisdiction of recovery of fines under law relative to radio equipment on

certain vessels, see title 2, section 362. Jurisdiction in cases arising under patent, trade mark and copyright laws, see

title 3, section 391. 24. Law and equity jurisdiction need not be separately exercised.—It shall not be necessary in the district court to exercise sep- arately the law and equity jurisdiction vested in that court. (Aug.

24. 1912, ch. 390, sec. 9, 37 Stat. 565 ; Sept. 21, 1922, ch. 370, sec. 3, 42

Stat. 1006; Feb. 16, 1933, ch. 91, sec. 3, 47 Stat. 817 [U.S. Code, title 48, sec. 1356].)

Cross-Reference

One form of civil action only, see title 4, section 71. 25. Admiralty jurisdiction, practice and procedure.—The jurisdiction in admiralty conferred upon the district court and the district judge shall be the same as is exercised by the United States

district courts and the United States district judges, and the practice and procedure shall be the same as in the United States district courts. (Aug. 24, 1912, ch. 390, sec. 8, 37 Stat. 565 ; Sept. 21, 1922,

ch. 370, sec. 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91, sec. 2, 47 Stat. 815

[U.S. Code, title 48, sec. 1345].)

26. Jurisdiction, practice and procedure in cases of offenses on

high seas.—In addition to the jurisdiction specifically conferred on

it by certain Acts of Congress, the district court shall have jurisdiction of offenses under the criminal laws of the United States when

such offenses are committed upon the high seas beyond the territorial

limits of the Canal Zone, on vessels belonging in whole or in part to the United States, or any citizen thereof or anv corporation created

by or under the laws of the United States or ot any State, Territory

or District thereof, and the offenders are found in the Canal Zone or are brought into the Canal Zone after the commission of the offense;

But this provision shall not be construed to deprive the district courts of the United States of any jurisdiction now provided by law.

The procedure and practice in such actions shall be the same as in

other criminal actions tried under the laws of the Canal Zone. (Aug.

24, 1912, ch. 390, sec. 8, 37 Stat. 565 ; Sept. 21, 1922, ch. 370, sec. 2, 42 Stat. 1005 ; Feb. 16, 1933, ch. 91, sec. 2, 47 Stat. 815 [U. S. Code,

title 48, sec. 1346].)

CROSS-REFERENCES Laws of tlie United States relative to offenses on high seas, see U.S. Code,

title 18, sections 451 to 467 and 481 to 502 (appendix, p. 938).

Jurisdiction specifically conferred by acts of Congress:

Offen.ses in respect to injuries to fortifications, see U.S. Code, title 18, section 96 (appendix, p. 905). Offenses under the Espionage Act, see U.S. Code, title 18, sections 39 and

574, and title 50, section 39 (appendix, pp. 904. 947. 1012).

Offen.ses under the White Slave Traffic Act, see U.S. Code, title 18, section 401 (appendix, p. 936).

27. Rules of district court.—The rules of the district court shall be prescribed by the district judge. (Aug. 24, 1912, ch. 390, sec. 8,

824
THE JUDICIARY [T. 7, § 32

37 Stat. 565 ; Sept. 21, 1922, ch. 370, sec. 2, 42 Stat. 1005 ; Feb. 16, 1933,

ch. 91, sec. 2, 47 Stat. 815 [U.S. Code, title 48, sec. 1344].)

28. Terms of district court.—Terms of the district court shall

be held in the Balboa and Cristobal divisions at such times as the

judge may designate by order. (Aug. 24, 1912, ch. 390, sec. 8, 37 Stat. 565 ; Sept. 21, 1922, ch. 370, sec. 2, 42 Stat. 1005 ; Feb. 16, 1933, ch.

91, sec. 2, 47 Stat. 815 [U.S. Code, title 48, sec. 1344].)

29. District judge; special district judge.—There shall be one

district judge of the district; but the President may appoint a special

district judge, to act when necessary:

a. During the absence of the district judge from the Canal Zone;

or

b. During any period of disability or disqualification from sickness or otherwise to discharge his duties.

The special district judge shall receive the same rate of compensation and the same mileage and per diem as is paid to the district

judge. (Aug. 24, 1912, ch. 390, sec. 8, 37 Stat. 565; Sept. 21, 1922,

ch. 370, sec. 2, 42 Stat. 1005 ; Feb. 16, 1933, ch. 91, sec. 2, 47 Stat. 815

[U.S. Code, title 48, sees. 1344, 1350].)

Cross-Reference

Disqualification of judges, see title 4, section 28.

30. Compensation of district judge.—The district judge shall

receive the same salary as is allowed to United States district judges

and when holding court away from home shall be allowed the same

mileage and per diem as is allowed to United States district judges.

(Aug. 24, 1912, ch. 390, sec. 8, 37 Stat. 565 ; Sept. 21, 1922, ch. 370,

sec. 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91, sec. 2, 47 Stat. 815 [U.S.

Code, title 48, sec. 1348].)

31. Authority of district judge to make certain orders when

absent.—When no special judge has been appointed and the dis- trict judge is absent from the Canal Zone and is in the United States

or any of its Territories or possessions, he may make in the place

where he is any orders which could have been made in chambers on

the Canal Zone and w^hich in his discretion may be necessary, and

orders so made shall have the same force and effect as though made

in chambers on the Canal Zone. (Aug. 24, 1912, ch. 390, sec. 8, 37

Stat. 565 ; Sept. 21, 1922, ch. 370, sec. 2, 42 Stat. 1005 ; Feb. 16, 1933,

ch. 91, sec. 2, 47 Stat. 815 [U.S. Code, title 48, sec. 1344a].)

32. Communication of such orders to clerk by mail and by

radio or other means.—Whenever an order is made as provided in

the next preceding section the judge shall forward it to the clerk

of the court by mail and shall also communicate its substance to the

clerk by radio or other means. Upon the receipt of the message the

clerk shall proceed to have the order carried into effect as fully as though the proceedings were had on a written order made by the

judge in chambers.

The judge shall make such rules respecting such radio procedure,

including the fixing and payment of the cost thereof, as may in his

93083—34 53 825
T. 7, § 33] THE JUDICIARY

discretion be necessary. (Aug. 24, 1912, ch. 390, sec. 8, 37 Stat. 565;

Sept. 21, 1922, ch. 370, sec. 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91, sec.

2, 47 Stat. 815 [U.S. Code, title 48, sec. 1344a].)

33. Jury trial.—A jury shall be had in any civil or criminal case originating in the district court, on the demand of either party,

subject to such limitations as may be contained in any codes enacted

for the Canal Zone. (Aug. 24, 1912, ch. 390, sec. 8, 37 Stat. 565 ; Sept.

21, 1922, ch. 370, sec. 2, 42 Stat. 1005; Dec. 29, 1926, ch. 19, sec. 1, 44

Stat. 924; Feb. 16, 1933, ch. 91, sec. 2, 47 Stat. 815 [U.S. Code, title 48,

sec. 1347].)

Cboss-Eeferences

Right to jury trial, see also title 4, section 441 ; and title 6, section 302. Number of jurors, see title 6, section 303. P^ormation of jury, see title 4, sections 451 to 454 ; and title 6, sections 331

to 357. 34. Selection, summoning and serving of jurors.—The district

judge shall provide for the selection, summoning and serving of

jurors from among the citizens of the United States subject to jury

duty to serve in the division of the district in which such jurors

reside. Any citizen of the United States who is employed by the

Panama Canal or the Panama Railroad Company within the Canal

Zone, and who resides in a residence owned by the Panama Canal or Panama Railroad Company in territory contiguous to the Canal Zone

shall for the purpose of this section be deemed to reside in the

division nearest his place of residence. (Aug. 24, 1912, ch. 390, sec

8, 37 Stat. 565; Sept. 21, 1922, ch. 370, sec. 2, 42 Stat.. 1005; Dec. 29,

1926, ch. 19, sec. 1, 44 Stat. 924; Feb. 16, 1933, ch. 91, sec. 2, 47 Stat. 815 [U.S. Code, title 48, sec. 1347].)

35. Compensation of jurors.—Jurors who are employed by the

Panama Canal or the Panama Railroad Company shall receive their

full pay for time attending court and shall not receive any compensation from the court for their attendance as jurors. Any juror who

is not an employee of the Panama Canal or the Panama Railroad

Company shall be allowed a jury fee of $5 per diem during the time

of his attendance. (Aug. 24 1912, ch. 390, sec. 8, 37 Stat. 565 ; Sept.

21, 1922, ch. 370, sec. 2, 42 Stat. 1005; Dec. 29, 1926, ch. 19, sec. 1, 44 Stat. 924; Feb. 16, 1933, ch. 91, sec 2, 47 Stat. 815 [U.S. Code, title 48, sec. 1347].)

36. Clerk of court; deputy clerks and clerical assistants.—The

district judge shall appoint the clerk of the district court and the

President may authorize the appointment of such deputy clerk or deputy clerks and clerical assistants to the judge and the clerk as he

shall deem necessary. All of such officers and employees shall receive

such compensation as the President shall prescribe. (Aug. 24, 1912,

ch. 390, sec. 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, sec. 2, 42 Stat. 1005, Feb. 16, 1933, ch. 91, sec. 2, 47 Stat. 815 [U.S. Code, title 48,

sec. 1349].)

Ceoss-Reitbencbs

Clerk as ex officio registrar of property, see title 4, section 9C7. Duties of clerk in general, see title 6, sections 841 to 843.

826
THE JUDICIARY [T. 7, § 42

37. District attorney.—There shall be a district attorney for the

Canal Zone, whose compensation shall be fixed by the President.

(Aug. 24, 1912, ch. 390, sec. 8, 37 Stat. 565; Sept. 21, 1922, ch. 370,

sec. 2, 42 Stat. 1005 ; Feb. 16, 1933, ch. 91, sec. 2, 47 Stat. 815 [U.S.

Code, title 48, sec. 1351].)

38. Duties of district attorney generally.—The district attorney

shall

a. Conduct all legal proceedings, civil and criminal, for the

Government of the United States and for the Government of the

Canal Zone; and

b. Advise the Governor of the Panama Canal, upon request of the

latter, on matters pertaining to the office of Governor. (Aug. 24,

1912, ch. 390, sec. 8, 37 Stat. 565 ; Sept. 21, 1922, ch. 370, sec. 2, 42

Stat. 1005; Feb. 16, 1933, ch. 91, sec. 2, 47 Stat. 815 [U.S. Code, title 48, sec. 1351].)

Cross-Reiferencb

Duties of district attorney in relation to offenses under tlie Espionagf^ Act,

see U.S. Code, title 18, section 574; and title 50, section 39 (appendix, pp. 947, 1012). 39. Assistant district attorneys; clerks and other employees.—

The district attorney shall be allowed such assistant district attor- neys, clerks, and other employees as the President may authorize, and

all of such officers and employees shall receive such compensation as the President shall prescribe. (Aug. 24, 1912, ch. 390, sec. 8, 37

Stat. 565 ; Sept. 21, 1922, ch. 370, sec. 2, 42 Stat. 1005 ; Feb. 16, 1933,

oh. 91, sec. 2, 47 Stat. 815 [U.S. Code, title 48, sec. 1351].)

40. Marshal and deputy marshals.—There shall be a marshal of

the district whose compensation shall be fixed by the President. The

marshal shall be allowed such deputy marshals as the President may

authorize, and such deputies shall receive such compensation as the

President shall prescribe. (Aug. 24, 1912, ch. 390, sec. 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, sec. 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91,

sec. 2, 47 Stat. 815 [U.S. Code, title 48, sec. 1352].)

41. Powers and duties of marshal generally.—The marshal

shall:

a. Attend the district court when sitting and execute throughout

the district all lawful precepts directed to him and issued under

the authority of the United States or of the Government of the

Canal Zone, except process returnable to the magistrates' courts ; and

b. Perform such other duties, not inconsistent with law, as may be

prescribed from time to time by the President.

The marshal may command all necessary assistance in the execution of his duty. (Aug. 24, 1912, ch. 390, sec. 8, 37 Stat. 565; Sept.

21, 1922, ch. 370. sec. 2. 42 Stat. 1005 ; Feb. 16, 1933, ch. 91, sec. 2. 47

Stat. 815 [U.S. Code, title 48, sec. 1352].)

42. Appointment, term, leave and residence of district judge,

attorney and marshal.—The district judge, district attorney and

marshal shall:

a. Be appointed by the President by and with the advice and consent of the Senate, for terms of four years each;

827
T. 7, § 43] THE JUDICIARY

b. Continue to discharge the duties of their respective officers,

unless sooner removed by the President, until their successors are appointed and qualify in their stead

c. Be allowed sixty days' leave of absence each year, with pay,

under such regulations as the President may from time to time

prescribe; and

d. Reside within the Canal Zone during their terms of office. (Aug. 24, 1912, ch. 390, sec. 8., 37 Stat. 565; Sept. 21. 1922, ch. 370,

sec. 2, 42 Stat. 1005; Dec. 29, 1926, ch. 19, sec. 2, 44 Stat. 924; Feb.

16, 1933, ch. 91, sec. 2, 47 Stat. 815 [U.S. Code, title 48; sec. 1353].)

43. Public defender.—The Governor of the Panama Canal shall appoint a duly qualified member of the bar of the Canal Zone as a public defender, whose duty it shall be to represent, in the district

court, any person charged with the commission of a crime within

the original jurisdiction of that court who is unable to employ

counsel for his defense. The public defender shall receive a salaryof $1,200 per year, together with such of the privileges of a Canal

Zone employee as the Governor may grant. (July 5, 1932, ch. 426,

sees. 1 and 2. 47 Stat. 578.)

CHAPTER 3.—CIRCUIT COURT OF APPEALS, FIFTH CIRCUIT

Sec.

I Sec.

Gl. Appellate jurisdiction. I G'2. Appellate practice and procedure. Section 61. Appellate jurisdiction.—The United States Circuit

Court of Appeals for the Fifth Circuit shall have jurisdiction, in all cases within the original trial jurisdiction of the district court

a. To review, revise, modify, reverse or affirm the final judgments

and decrees of the district court, and to render such judgments as in

the opinion of the said appellate court should have been rendered by

the trial court ; and

b. To review the interlocutory orders or decrees of the district court which are specified in section 129 of the United States Judicial

Code (U.S. Code, title 28, sec. 227). (Aug. 24, 1912, ch. 390, sec. 9, 37 Stat. 565; Sept. 21, 1922, ch. 370. sec. 3, 42 Stat. 1006; Feb. 16. 1933, ch. 91, sec. 3, 47 Stat. 817 [U.S. Code, title 48, sec. 1356];

Apr. 11, 1928, ch. 354, sec. 1, 45 Stat. 422 [U.S. Code, title 28,

sec. 225].)

Cboss-Keference

Appellate jurisdiction, see also U.S. Code, title 28, section 225 (appendix,

p. »S2).

62. Appellate practice and procedure.—Such appellate jurisdiction, subject to the right of review by the Supreme Court of the

United States as in other cases authorized by law, may be exercised

by the Circuit Court of Appeals in the same manner, under the same

regulations, and by the same procedure as nearly as practicable as is done in reviewing the final judgments and decrees of the district courts of the United States. (Aug. 24, 1912, ch. 390, sec. 9, 37 Stat. 565; Sept. 21, 1922, ch. 370, sec. 3, 42 Stat. 1006; Feb. 16, 1933, ch. 91.

sec. 3, 47 Stat. 817 [U.S. Code, title 48, sec. 1356].)

828
THE JUDICIARY [T. 7, § 62

(jR()SS-KEl"Kl!KNt'K Power of Supreme Court to prescribe rules of practice aud procedure with

respect to proceo«lin<.'s after verdict in criminal cases, see U.S. Code, title 28, section 723a (appendix, p. 983).

Time for applicaticm for appeal, see U.S. Code, title 28, section 230 (appendix,

p. 983).

Allowance of appeals, see U.S. Code, title 28, section 228 (appendix, p. 983).

Approved, June 19, 1934.

829



APPENDIX

CONTAINING CERTAIN TREATIES AND GENERAL LAWS

OF THE UNITED STATES APPLICABLE IN OR RELATING TO THE CANAL ZONE OR THE PANAMA CANAL
CONTENTS

Page

Treaties and conventions 833 General laws of the United States 869

832
TREATIES: GREAT BRITAIN—1850

TREATIES, CONVENTIONS AND PROTOCOLS RELATING

TO THE CANAL ZONE OR THE PANAMA CANAL

Page

Protocol of an agreement with Panama relat- ing to neutrality, October 10, 1914 855 Convention with Panama for the settlement

of claims, July 28, 1926 856 Convention with Panama regulating transit of alcoholic liquors through the Canal Zone, March 14, 1932 Convention with Panama modifying claims convention of July 28, 1926, December 17, 1932

862

861

Page

Convention with Great Britain as to ship canal connecting Atlantic and Pacific Oceans, April 19, 1850 833 Treaty with Great Britain to facilitate the

construction of a ship canal, November 18, 1901 837 Convention with Panama for the construction of a ship canal, November 18, 1903 839 Treaty with Colombia for the settlement of

differences, April 6, 1914 (including protocol of exchange, March 1, 1922).. 864 Convention with Panama defining the boundary line of the Canal Zone, September 2, 1914 848 GREAT BRITAIN—1850 CONVENTION AS TO SHIP CANAL CONNECTING ATLANTIC AND PACIFIC OCEANS »

( Clayton-Bxilweb Treaty)

Concluded April 19, 1850; ratification advised hy the Senate May 22,

1850; ratified hy the President May 23, 1850; ratifications ex- changed July 4, 1850; proclaimed Jtdy 5, 1850

ARTICLES

V. Guarantee of neutrality. VI. Cooperation of other States. VII. Mutual encouragement to speedy construction. VIII. Protection to other communications.

IX. Ratification.

I. Declaration as to control of canal, occupation of territory, and commercial advantages.

II. Neutrality of canal in case of war.

III. Protection of construction.

IV. Mutual influence to facilitate construction. The United States of America and Her Britannic Majesty, being

desirous of consolidating the relations of amity which so happily

subsist between them by setting forth and fixing in a Convention

their views and intentions with reference to any means of communication by ship canal which may be constructed between the Atlantic

and Pacific Oceans by the way of the River San Juan de Nicaragua

and either or both of the Lakes of Nicaragua or Managua, to any

port or place on the Pacific Ocean, the President of the United States

has conferred full powers on John M. Clayton, Secretary of State of

the United States, and Her Britannic Majesty on the Right Honorable Sir Henry Lytton Bulwer, a member of Her Majesty's Most

Honorable Privy Council, Knight Commander of the Most Honorable Order of the Bath, and Envoy Extraordinary and Minister

Plenipotentiary of Her Britannic Majesty to the United States, for

the aforesaid purpose; and the said Plenipotentiaries, having ex- changed their full powere, which were found to be in proper lorm,

have agreed to the following articles

Article I. The Governments of the United States and Great Britain hereby

declare that neither the one nor the other will ever obtain or main-

* This Convention is superseded by the Hay-Pauncefote Treaty, p. 837.

83S
TREATIES: GREAT BRITAIN—1850

tain for itself any exclusive control over the said ship canal ; agreeing

that neither will ever erect or maintain any fortifications commanding the same, or in the vicinity thereof, or occupy, or fortify, or

colonize, or assume or exercise any dominion over Nicaragua, Costa

Rica, the Mosquito coast, or any part of Central America; nor will

either make use of any protection which either affords or may afford, or any alliance which either has or may have to or with any State or people for the purpose of erecting or maintaining any such fortifi- cations, or of occupying, fortifying, or colonizing Nicaragua, Costa

Rica, the Mosquito coast, or any part of Central America, or of as- suming or exercising dominion over the same; nor will the United

States or Great Britain take advantage of any intimacy, or use any

alliance, connection, or influence that either may possess, with any

State or Government through whose territory the said canal may

pass, for the purpose of acquiring or holding, directly or indirectly,

for the citizens or subjects of the one any rights or advantages in

regard to commerce or navigation through the said canal which shall

not be offered on the same terms to the citizens or subjects of

the other.

Article II.

Vessels of the United States or Great Britain traversing the said

canal shall, in case of war between the contracting parties, be ex- empted from blockade, detention, or capture, by either of the bel- ligerents ; and this provision shall extend to such a distance from the

two ends of the said canal as may hereafter be found expedient

to establish.

Article III. In order to secure the construction of the said canal, the contract- ing parties engage that, if any such canal shall be undertaken upon

fair and equitable terms by any parties having the authority of the

local government or governments through whose territory the same may pas-s, then the persons employed in making the said canal and

their property used or to be used for that object, shall be protected,

from the commencement of the said canal to its completion, by the

Governments of the United States and Great Britain, from unjust

detention, confiscation, seizure, or any violence whatsoever.

Article IV.

The contracting parties will use whatever influence they respectively exercise with any State, States, or Governments possessing, or claiming to possess, any jurisdiction or right over the territory

which the said canal shall traverse, or which shall be near the waters

applicable thereto, in order to induce such States or Governments to

facilitate the construction of the said canal by every means in their

power; and, furthermore, the United States and Great Britain agree

to use their good offices, wherever or however it may be most expedient, in order to procure the establishment of two free ports, one

at each end of the said canal.

834
TREATIES: GREAT BRITAIN—1850 Article V.

The contracting parties further engage that when the said canal

shall have been completed they will protect it from interruption,

seizure, or unjust confiscation, and that they will guarantee the neutrality thereof, so that the said canal may forever be open and tree, and the capital invested therein secure. Nevertheless, the Governments of the United States and Great Britain, in according thenprotection to the construction of the said canal, and guaranteeing

its neutrality and security when completed, always understand that

this protection and guarantee are granted conditionally, and may be

withdrawn by both Governments, or either Government, if both

Governments or either Government should deem that the persons

or company undertaking or managing the same adopt or establish

such regulations concerning the traffic thereupon as are contrary

to the spirit and intention of this convention, either by making

unfair discriminations in favor of the commerce of one of the contracting parties over the commerce of the other, or by imposing

oppressive exactions or unreasonable tolls upon passengers, vessels,

goods, wares, merchandise, or other articles. Neither party, however, shall withdraw the aforesaid protection and guarantee without

first giving six months' notice to the other.

Article VI.

The contracting parties in this convention engage to invite every

State with which both or either have friendly intercourse to enter

into stipulations with them similar to those which they have entered

into with each other, to the end that all other States may share in the

honor and advantage of having contributed to a work of such general

interest and importance as the canal herein contemplated. And

the contracting parties likewise agree that each shall enter into

treaty stipulations with such of the Central American States as they may deem advisable for the purpose of more effectually car- rying out the great design of this convention, namely, that of

constructing and maintaining the said canal as a ship communication between the two oceans, for the benefit of mankind, on equal

terms to all, and of protecting the same ; and they also agree that the

good offices of either shall be employed, when requested by the

other, in aiding and assisting the negotiation of such treaty stipulations; and should any differences arise as to right or property

over the territory through which the said canal shall pass, between

the States or Governments of Central America, and such differences

should in any way impede or obstruct the execution of the said

canal, the Governments of the United States and Great Britain will use their good offices to settle such differences in the manner best

suited to promote the interests of the said canal, and to strengthen

the bonds of friendship and alliance which exist between the con- tracting parties.

Article VII.

It being desirable that no time should be unnecessarily lost in

commencing and constructing the said canal, the Governments of

835
TREATIES: GREAT BRITAIN—1850 the United States and Great Britain determine to give their support and encouragement to such persons or compan}' as may first offer to commence the same, with the necessary capital, the consent

of the local authorities, and on such principles as accord with the

spirit and intention of this convention ; and if any persons or com- pany should already have, with any State through which the proposed ship canal may pass, a contract for the construction of such

a. canal as that specified in this convention, to the stipulations of

which contract neither of the contracting parties in this convention

have any just cause to object, and the said persons or company

shall, moreover, have made preparations and expended time, money,

and trouble on the faith of such contract, it is hereby agreed that

such persons or company shall have a priority of claim over every

other person, persons, or company to the protection of the Governments of the United States and Great Britain, and be allowed a year from the date of the exchange of the ratifications of this

convention for concluding their arrangements and presenting evidence of sufficient capital subscribed to accomplish the contemplated

undertaking; it being understood that if, at the expiration of the

aforesaid period, such persons or companj^ be not able to commence

and carry out the proposed enterprize, then the Governments of the

United States and Great Britain shall be free to afford their protection to any other persons or company that shall be prepared to commence and proceed with the construction of the canal in question.

Article VIII.

The Governments of the United States and Great Britain having

not only desired, in entering into this convention, to accomplish a particular object, but also to establish a general principle, they

hereby agree to extend their protection, by treaty stipulations, to any

other practicable communications, whether by canal or railway,

across the isthmus which connects North and South America, and

especially to the interoceanic communications, should the same

prove to be practicable, whether by canal or railway, which are now proposed to be established by the way of Tehuantepec or Panama. In granting, however, their joint protection to any such

canals or railways as are by this article specified, it is always understood by the United States and Great Britain that the parties constructing or owning the same shall impose no other charges or conditions of traffic thereupon than the aforesaid Governments shall approve of as just and equitable; and that the same canals or rail- ways, being open to the citizens and subjects of the United States and Great Britain on equal terms, shall also be open on like terms

to the citizens and subjects of every other State which is willing to grant thereto such protection as the United States and Great Britain

engage to afford. Article IX.

The ratifications of this convention shall be exchanged at Washington within six months from this day, or sooner if possible. 836
TREATIES: GREAT BRITAIN—1901 In faith whereof we, the respective Plenipotentiaries, have signed

this convention, and have hereunto affixed our seals. Done at Washington the nineteenth day of April, anno Domini one thousand eight hundred and fifty.

[seal.] John M. Clayton.

[seal.] Henry Lytton Bulwer.

GREAT BRITAIN—1901 treaty to facilitate the construction of a ship canal

( Hay-Pauncei-ote Treaty)

Concluded November 18, 1901; ratification advised hy Senate Decemher 16, 1901; ratified hy President December 26, 1901; ratifications

exchanged February 21, 1902; proclamied February 22, 1902

[32 Stat. L., 1903]

articles

I. Convention of April 19, 1850, super- I III. Rules of neutralization,

seded. IV. Change of sovereignty.

II. Construction of canal. I V. Ratification. The United States of America and His Majesty Edward the

Seventh, of the United Kingdom of Great Britain and Ireland, and

of the British Dominions beyond the Seas, King, and Emperor of

India, being desirous to facilitate the construction of a ship canal to connect the Atlantic and Pacific Oceans, by whatever route may be

considered expedient, and to that end to remove any objection which

may arise out of the Convention of the 19th April, 1850, commonly

called the Clayton-Bulwer Treaty, to the construction of such canal

under the auspices of the Government of the United States, without

impairing the " general principle " of neutralization established in

Article VIII of that Convention, have for that purpose appointed as their Plenipotentiaries

The President of the United States, John Hay, Secretary of State

of the United States of America;

And His Majesty Edward the Seventh, of the United Kingdom of

Great Britain and Ireland, and of the British Dominions beyond the

Seas, King, and Emperor of India, the Right Honourable Lord

Pauncefote, G.C.B., G.C.M.G., His Majesty's Ambassador Extraordinary and Plenipotentiary to the United States

Who, having communicated to each other their full powers which

were found to be in due and proper form, have agreed upon the

following Articles :

Autigle I. The High Contracting Parties agree that the present Treaty shall

supersede the afore-mentioned Convention of the 19th April, 1850.^ Article II,

It is agreed that the canal may be constructed under the auspices

of the Government of the United States, either directly at its own

2 For Convention of Apr. 19, 1850, see p. 833. 837
TREATIES: GREAT BRITAIN—1901

cost, or by gift or loan of money to individuals or Corporations, or through subscription to or purchase of stock or shares, and that,

subjec*! to the provisions of the present Treaty, the said Government

shall have and enjoy all the rights incident to such construction, as well as the exclusive right of providing for the regulation and

management of the canal.

Article III. The United States adopts, as the basis of the neutralization of such

ship canal, the following Kules, substantially as embodied in the

Convention of Constantinople, signed the 28th October, 1888, for

the free navigation of the Suez Canal, that is to say

1. The canal shall be free and open to the vessels of commerce and

of war of all nation observing these Rules, on terms of entire equality, so that there shall be no discrimination against any such nation, or its citizens or subjects, in respect of the conditions or charges of

traffic, or otherwise. Such conditions and charges of traffic shall be

just and equitable.

2. The canal shall never be blockaded, nor shall any right of war

be exercised nor any act of hostility be committed within it. The

United States, however, shall be at liberty to maintain such military

police along the canal as may be necessary to protect it against

lawlessness and disorder.

3. Vessels of war of a belligerent shall not revictual nor take any

stores in the canal except so far as may be strictly necessary; and

the transit of such vessels through the canal shall be effected with

the least possible delay in accordance with the Regulations in force,

and with only such intermission as may result from the necessities

of the service.

Prizes shall be in all respects subject to the same Rules as vessels of war of the belligerents.

4. No belligerent shall embark or disembark troops, munitions

of war, or warlike materials in the canal, except in case of accidental

hindrance of the transit, and in such case the transit shall be re- sumed with all possible dispatch.

5. The provisions of this Article shall apply to waters adjacent

to the canal, within 3 marine miles of either end. Vessels of war

of a belligerent shall not remain in such waters longer than twentyfour hours at any one time, exc?pt in case of distress, and in such

case, shall depart as soon as possible; but a vessel of war of one

belligerent shall not depart within twenty-four hours from the departure of a vessel of war of the other belligerent.

6. The plant, establishments, buildings, and all works necessary

to the construction, maintenance, and operation of the canal shall be deemed to be part thereof, for the purposes of this Treaty, and

in time of war, as in time of peace, shall enjoy complete immunity

from attack or injury by belligerents, and from acts calculated to impair their usefulness as part of the canal.

Article IV.

It is agreed that no change of territorial sovereignty or of the

international relations of the country or countries traversed by the
TREATIES: PANAMA—1903 before-mentioned canal shall aifect the general principle of neutralization or the obligation of the High Contracting Parties under

the present Treaty.

Article V.

The present Treaty shall be ratified by the President of the

United States, by and with the advice and consent of the Senate

thereof, and by His Britannic Majesty; and the ratifications shall

be exchanged at Washington or at London at the earliest possible

time Avithin six months from the date hereof.

In faith whereof the resj^ective Plenipotentiaries have signed this

Treat}'^ and thereunto affixed their seals. Done in duplicate at Washington, the 18th day of November, in

the year of Our Lord one thousand nine hundred and one. John Hay. [seal.]

Pauncetote. [seal.]

PANAMA—1903

CONVENTION FOR THE CONSTRUCTION OF A SHIP CANAL

(Hay-Bunau Varilla Trk-vty)

Concluded Noveinber 18^ 1903; rati-flcation advised hy the Senate

Fehruary 23, IQOJf.; ratiiled hy President February 25, IQOJi-; rati- fications exchanged February 26, WOJf.; 'proclaimed Fehruary 26,

1901^

[33 Stat. L. 2234]

ARTICLES

I. Independence of Panama.

II. Use, occupation, and control of zone and additional lands.

III. Rights, power, and authority within

zone and auxiliary lands and

waters.

IV. Subsidiary right to use of waters and water-courses in Panama.

V. Monopoly for systems of inter- oceanic communication by canal

or railroad. VI. Preservation of private property

rights ; rights of way ; settlement

of damages to private property.

VII. Acquisition of property, and sanitation, systems of sewers, water

works, and public order, in and

adjacent to Panama and Colon.

VIII. Property of New Panama Canal Company and Panama Railroad Company.

IX. Freedom of ports from certain taxes

or charges upon vessels, et cetera ; Panamanian customs houses and

guards ; use of towns and harbors

of Panama and Colon. X. Exemptions of Canal, auxiliaries, and employees from taxation by Panama.

XI. Transmission of official dispatches

of Panama over Canal telegraph and telephone lines.

XII.

XIII.

XIV. XV.

XVI.

XVII.

XVIII. XIX.

XX.

XXI.

XXII.

XXIII. XXIV. XXV.

XXVI.

Immigration and free access of Canal employees. Freedom from customs duties of importations by United States

into Canal Zone. Compensation to Panama for rights granted. Establishment of joint commission.

Bxtt-nd'tion between Canal Zone and Panama.

Use oi ports of Panam'a as places of refuge for vessels. Neutrality of Canal. Rights of Panama in respect to free transportation over Canal or railway. Modification by Panama of existing

treaties containing incompatible

provisions. Freedom of rights granted by Pan- ama from anterior liabilities or

concessions. Renunciation by Panama of rights under concessionary contracts. Protection of Canal, vessels, and

auxiliaries ; fortifications. Effect of change in government,

laws or treaties of Panama.

Sale or lease to United States of lands for naval or coaling stations. Ratification. The United States of America and the Republic of Panama being

desirous to insure the construction of a ship canal across the Isthmus

of Panama to connect the Atlantic and Pacific oceans, and the Con839
TREATIES: PANAMA—1903

gress of the United States of America having passed an act approved

June 28, 1902,^ in furtherance of that object, by which the President

of the United States is authorized to acquire within a reasonable

time the control of the necessary territory of the Republic of Colombia, and the sovereignty of such territory being actually vested in

the Republic of Panama, the high contracting parties have resolved

for that purpose to conclude a convention and have accordingly

appointed as their plenipotentiaries,

The President of the United States of America, John Hay, Secre- tary of State, and

The Government of the Republic of Panama, Philippe BunauVarilla, Envoy Extraordinary and Minister Plenipotentiary of

the Republic of Panama, thereunto specially empowered by said

government, who after communicating with each other their re- spective full powers, found to be in good and due form, have agreed

upon and concluded the following articles

Article L

The United States guarantees and will maintain the independence

of the Republic of Panama.

Article II. The Republic of Panama grants to the United States in per- petuity the use, occupation and control of a zone of land and land

under water for the construction, maintenance, operation, sanitation and protection of said Canal of the width of ten miles extending

to the distance of five miles on each side of the center line of the route of the Canal to be constructed ; the said zone beginning in the

Caribbean Sea three marine miles from mean low water mark and

extending to and across the Isthmus of Panama into the Pacific ocean to a distance of three marine miles from mean low water

mark with the proviso that the cities of Panama and Colon and

the harbors adjacent to said cities, which are included within the

boundaries of the zone above described, shall not be included within

this grant.* The Republic of Panama further grants to the United

States in perpetuity the use, occupation and control of any other

lands and waters outside of the zone above described which may be

necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal or of any auxiliary

canals or other works necessary and convenient for the construction,

maintenance, operation, sanitation and protection of the said

enterprise.

The Republic of Panama further grants in like manner to the

United States in perpetuity all islands within the limits of the zone above described and in addition thereto the group of small islands

in the Bay of Panama, named Perico, Naos, Culebra and Flamenco.

» Spooner Act, .Tunc li8, 1902, cli. 1302, .S2 Stat. 481.

* Possession of canal properties of Frencli company was taken May 4, 1904 (1904 Ann.

Rept. o6) ; on May 19, 1904, the Governor of tlie (,'anal Zone anno"uncocl the occupation

of tlie Canal Zone ijy the United States; by the Davis agreement, dated .Tune 15, 1904

(1904 Ann. Rept. 78 and 91-93) the Republic of Panama formally delivered the land

included within the Canal Zone to the United States, the boundaries being defined in the aforesaid agreement. See also Boundary Convention, p. 848. 840
TREATIES: PANAMA—190S Abticle III. The Republic of Panama grants to the United States all the

rio-hts, power and authority within the zone mentioned and described

in'^Article II of this agreement and within the limits of all auxiliary

lands and waters mentioned and described in said Article II which

the United States would possess and exercise if it were the sovereign

of the territory within which said lands and waters are located to the entire exclusion of the exercise by the Republic of Panama ot any such sovereign rights, power or authority.

Article IV.

As rights subsidiary to the above grants the Republic of Panama

grants in perpetuity to the United States the right to use the rivers,

streams, lakes and other bodies of water within its limits for navigation, the supply of water or water-powder or other purposes, so far

as the use of said rivers, streams, lakes and bodies of water and the

waters thereof may be necessary and convenient for the construction,

maintenance, operation, sanitation and protection of the said Canal.

Article V.

The Republic of Panama grants to the United States in perpetuity

a monopoly for the construction, maintenance and operation of any

system of communication by means of canal or railroad across its territory between the Caribbean Sea and the Pacific ocean. Article VI.

The o-rants herein contained shall in no manner invalidate the

titles or^'rights of private land holders or owners of private property

in the said zone or in or to any of the lands or waters granted to the United States by the provisions of any Article of this treaty, nor

shall they interfere with, the rights of way over the public roads

passing through the said zone or over any of the said lands or waters

unless said rights of way or private rights shall conflict with rights

herein granted to the United States in which case the rights of the

United States shall be superior. All damages caused to the owners

of private lands or private property of any kind by reason of the

grants contained in this treaty or by reason of the operations ol the

United States, its agents or employees, or by reason of the construction, maintenance, operation, sanitation and protection ot the

said Canal or of the works of sanitation and protection herein provided for, shall be appraised and settled by a joint Commission^

appointed by the Governments of the United States and the Republic

of Panama, whose decisions as to such damages shall be final and

'Art XV p 845, provides for establishment of joint commission. Claims Convention Art 1 p. 857, provides for the continuation of the hearing and decision of claims under

this article by the Joint commission provided for herein.

93803—34 54 841
TREATIES: PANAMA—190S whose awards as to such damages shall be paid solely by the United

States. No part of the work on said Canal or the Panama railroad or on any auxiliary works relating thereto and authorized by the

terms of this treaty shall be prevented, delayed or impeded l3y or pending such proceedings to ascertain such damages. The apf)raisal

of said private lands and private property and the assessment of

damages to them shall be based upon their value before the date

of this convention.

Article VII.

The Republic of Panama grants to the United States within the

limits of the cities of Panama and Colon and their adjacent harbors

and within the territory adjacent thereto the right to acquire bjpurchase or by the exercise of the right of eminent domain, any

lands, buildings, water rights or other properties necessary and con- venient for the construction, maintenance, operation and protection

of the Canal and of any works of sanitation, such as the collection

and disposition of sewage and the distribution of water in the said

cities of Panama and Colon, which, in the discretion of the United

States may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal and

railroad. All such works of sanitation, collection and disposition

of sewage and distribution of water in the cities of Panama and

Colon shall be made at the expense of the United States, and the

Government of the United States, its agents or nominees shall be

authorized to impose and collect Avater rates and sewerage rates which shall be sufficient to provide for the payment of interest and

the amortization of the principal of the cost of said works within

a period of fifty years and upon the expiration of said term of fifty

years the system of sewers and water works shall revert to and

become the pro])erties of the cities of Panama and Colon respectively,

and the use of the water shall be free to the inhabitants of Panama

and Colon, except to the extent that water rates may be necessary

for the operation and maintenance of said system of scAvers and

water. The Republic of Panama agrees that the cities of Panama and

Colon shall conipl}^ in perpetuity with the sanitary ordinances

whether of a preventive or curative character prescribed by tlie United States and in case the Government of Panama is unable or

fails in its duty to enforce this compliance by the cities of Panama

and Colon with the sanitary ordinances of the United States the

Republic of Panama grants to the United States the right and authority to enforce the same. The same right and authority are granted to the ITnited States for

the maintenance of ]5ublic order in the cities of Panama and Colon

and the territories and harbors adjacent thereto in case the Republic

of Panama should not be, in the judgment of the United States, able

to maintain such order.

Article VIII.

The Republic of Panama grants to the United States all rights

which it now has or hereafter may acquire to the property of the

842
TREATIES: PANAMA—1903 New Panama Canal Company and the Panama Railroad Company

as a result of the transfer of sovereignty from the Republic of Colombia to the Republic of Panama over the Isthmus of Panama and

authorizes the New Panama Canal Company to sell and transfer to the United States its rights, privileges, properties and concessions

as well as the Panama Railroad and all the shares or part of the

shares of that company; but the public lands situated outside of the zone described in Article II of this treaty now included in the concessions to both said enterprises and not required in the construction

or operation of the Canal shall revert to the Republic of Panama

except any property now owned by or in the possession of said companies within Panama or Colon or the ports or terminals thereof.

Article IX.

The United States agrees that the ports at either entrance of the

Canal and the waters thereof, and the Republic of Panama agrees

that the towns of Panama and Colon shall be free for all time so that

there shall not be imposed or collected custom house tolls, tonnage,

anchorage, lighthouse, wharf, pilot, or quarantine dues or any other

charges or taxes of any kind upon any vessel using or passing

through the Canal or belonging to or employed by the United States,

directly or indirectly, in connection with the construction, maintenance, operation, sanitation and protection of the main Canal, or auxiliary works, or upon the cargo, officers, crew, or passengers of

any such vessels, except such tolls and charges as may be imposed by

the United States for the use of the Canal and other Avorks, and

except tolls and charges imposed by the Republic of Panama upon

merchandise destined to be introduced for the consumption of the

rest of the Republic of Panama, and upon vessels touching at the

ports of Colon and Panama and which do not cross the Canal.

The Government of the Republic of Panama shall have the right

to establish in such ports and in the towns of Panama and Colon

such houses and guards as it may deem necessary to collect duties on importations destined to other portions of Panama and to pre- vent contraband trade. The United States shall have the right to make use of the towns and harbors of Panama and Colon as places

of anchorage, and for making repairs, for loading, unloading, depositing, or transshipping cargoes either in transit or destined for

the service of the Canal and for other works pertaining to the Canal.^

Article X.

The Republic of Panama agrees that there shall not be imposed

any taxes, national, municipal, departmental, or of any other class,

upon the Canal, the railways and auxiliary works, tugs and other

vessels employed in the service of the Canal, store houses, work shops,

offices, quarters for laborers, factories of all kinds, warehouses,

wharves, machinery and other works, property, and effects appertaining to the Canal or railroad and auxiliary works, or their officers or employees, situated within the cities of Panama and Colon, and

« See also Art. XVII, i>. 845. 843
TREATIES: PANAMA—190S

that there shall not be imposed contributions or charges of a personal

character of any kind upon officers, emploj^ees, laborers, and other

individuals in the service of the Canal and railroad and auxiliar}'

works.

Article XI.

The United States agrees that the official dispatches of the Government of the Republic of Panama shall be transmitted over any tele- graph and telephone lines established for canal purposes and used for

public and private business at rates not higher than those required

from officials in the service of the United States. Article XII.

The Government of the Republic of Panama shall permit the immigration and free access to the lands and workshops of the Canal

and its auxiliary works of all employees and workmen of whatever

nationality under contract to work upon or seeking employment upon

or in any wise connected with the said Canal and its auxiliary works,

with their respective families, and all such persons shall be free and

exempt from the military service of the Republic of Panama.

Article XIII.

The United States may import at any time into the said zone and

auxiliary lands, free of customs duties, imposts, taxes, or other

charges, and without any restrictions, any and all vessels, dredges,

engines, cars, machinery, tools, explosives, materials, supplies, and

other articles necessary and convenient in the construction, maintenance, operation, sanitation and protection of the Canal and auxiliary works, and all provisions, medicines, clothing, supplies and

other things necessary and convenient for the officers, employees,

workmen and laborers in the service and employ of the United

States and for their families. If any sucli articles are dis])osed of

for use outside of the zone and auxiliary lands granted to the I"^nited States and witliin the territory of the Republic, they shall be subject to the same import or other duties as like articles imported

under the laws of the Republic of Panama.

Article XIV.

As the price or compensation for the rights, powers and privileges gi-anted in this convention by the Republic of Panama to the United States, the Government of the United States agrees to pay to the Republic of Panama the sum of ten million dollars

($10,000,000) in gold coin of the United States on the exchange

of the ratification of this convention and also an annual payment

during the life of this convention of two hundred and fifty thousand dollars ($250,000) in like gold coin, beginning nine years aft«r

the date aforesaid.

The provisions of this Article shall be in addition to all other benefits assured to the Republic of Panama under this convention.

844
TREATIES: PANAMA—1903 But no delay or difference of opinion under this Article or any

other provisions of this treaty shall affect or interrupt the full operation and effect of this convention in all other respects.

Article XV.

The joint commission referred to in Article VI shall be estab-

^'^Thl Presid'ent'of the United States shall nominate two perst)ns

and the President of the Republic of Panama shall nominate two

persons and they shall proceed to a decision; but in case ot dislio-reement of the Commission (by reason of thear being equally di- vided in conclusion) an umpire shall be appointed by the two (governments who shall render the decision. In the event of the death,

absence, or incapacity of a Commissioner or UnU^ire, or of his omitting, declining or ceasing to act, his place shall be filled by the

appointment of another person in the manner above indicated. A

decisions by a majority of the Commission or by the umpire shall be final. Aeticle XVI.

The two Governments shall make adequate provision by future

agreement for the pursuit, capture, imprisonment, detention and

ddivery within said zone and auxiliary lands to the authorities ot

the Republic of Panama of persons charged wath the commitment

of criines, felonies or misdemeanors without said zone and tor the

pursuit, capture, imprisonment, detention and delivery without said zone to the authorities of the United States of persons charged with

the commitment of crimes, felonies and misdemeanors wathin said zone and auxiliary lands.''Article XVII.

The Republic of Panama grants to the United States the use of

all the ports of the Republic open to commerce as places of retuge

for any vessels employed in the Canal enterprise, and for all vessels passing or bound to pass through the Canal which may be in

distress and be driven to seek refuge in said ports Such vessels shall be exempt from anchorage and tonnage dues on the part ot the

Republic of Panama.^

Article XVIII.

The Canal when constructed, and the entrances thereto shall be

neutral in perpetuity, and shall be opened upon the terms provided

for by Section I of Article three of, and in conformity with all the

stipulations of, the treaty entered into by the Governments of the

United States and Great Britain on November 18, 1901.

T Extradition of fugitivos from Panama who seek refuge in Canal Zone, see Canal Zone

Code, title 6, sections 881 to 892 ; see also title 6, section 861.

8 See Art. IX, p. 843.

9 For Treaty of Nov. 18, 1901, see p. H61.

846
TREATIES: PANAMA~1903

Article XIX.

The Government of the Republic of Panama shall have the right

to transport over the Canal its vessels and its troops and munitions

of war in such vessels at all times without paying charges of any

kind. The exemption is to be extended to the auxiliary railway for

the transportation of persons in the service of the Republic of Panama, or of the police force charged with the preservation of public

order outside of said zone, as well as to their baggage, munitions of war and supplies.

Article XX.

If by virtue of any existing treaty in relation to the territory of

the Isthmus of Panama, whereof the obligations shall descend or

be assumed by the Republic of Panama, there may be any privilege or concession in favor of the Government or the citizens and subjects

of a third power relative to an interoceanic means of commimication

which in any of its terms may be incompatible with the terms of the

present convention, the Republic of Panama agrees to cancel or modify such treaty in due form, for which purpose it shall give to the said third power the requisite notification within the term of four

months from the date of the present convention, and in case the exist- ing treaty contains no clause permitting its modifications or annulment, the Republic of Panama agrees to procure its modification or annulment in such form that there shall not exist any conflict with

the stipulations of the present convention.

Article XXL

The rights and privileges granted by the Republic of Panama to the United States in the preceding Articles are understood to be free

of all anterior debts, liens, trusts, or liabilities, or concessions or privileges to other Governments, corporations, syndicates or individuals,

and consequently, if there should arise any claims on account of the

present concessions and privileges or otherwise, the claimants shall resort to the Government of the Republic of Panama and not to the

United States for any indemnity or compromise which may be

required.

Article XXII.

The Republic of Panama renoimces and grants to the United

States the participation to which it might be entitled in the future

earnings of the Canal under Article XV of the concessionary contract with Lucien X. B. Wyse now owned by the New Panama Canal

Company and any and all other rights or claims of a pecuniary

nature arising under or relating to said concession, or arising under

or relating to the concessions to the Panama Railroad Company or any extension or modification thereof; and it likewise renounces, confirms and grants to the United States, now and hereafter, all the

rights and property reserved in the said concessions which otherwise

would belong to Panama at or before the expiration of the terms of

846
TREATIES: PANAMA—1903 ninety-nine years of the concessions granted to or held by the above

mentioned party and companies, and all right, title and interest

which it now has or may hereafter have, in and to the lands, canal,

works, property and rights held by the said companies under said

concessions or otherwise, and acquired or to be acquired bj' the United

States from or through the Xew Panama Canal Company, including

any property and rights which mi»ht or may in the future either by

lapse of time, forfeiture or otherwise, revert to the Republic of Panama under any contracts or concessions, with said Wvse, the Universal Panama Canal Company, the Panama Railroad Company and

the Xew Panama Canal Company.

The aforesaid rights and property shall be and are free and re- leased from any present or reversionary interest in or claims of

Panama and the title of the United States thereto upon consummation of the contemplated purchase by the United States from the

Xew Panama Canal Company, shall be absolute, so far as concerns

the Republic of Panama, excepting always the rights of the Republic

specifically secured under this treaty.

Article XXIII.

If it should become necessary at any time to employ armed forces

for the safety or protection of the Canal, or of the ships that make

use of the same, or the railways and auxiliary works, the United

States shall have the right, at all times and in its discretion, to use

its police and its land and naval forces or to establish fortifications

for these purposes.

Aeticle XXIV.

Xo change either in the Government or in the laws and treaties of

the Republic of Panama shall, without the consent of the United

States, affect any right of the United States under the present convention, or under any treaty stipulation between the two countries

that now exists or may hereafter exist touching the subject matter

of this convention.

If the Republic of Panama shall hereafter enter as a constituent

into any other Government or into any union or confederation of

states, so as to merge her sovereignty or independence in such Government, union or confederation, the rights of the United States

under this convention shall not be in any respect lessened or impaired.

Aeticle XXV.

For the better performance of the engagements of this convention

and to the end of the efficient protection of the Canal and the preser- vation of its neutrality, the Government of the Republic of Panama

will sell or lease to the United States lands adequate and necessary

for naval or coaling stations on the Pacific coast and on the western

Caribbean coast of the Republic at certain points to be agreed upon

with the President of the United States.

847
TREATIES: PANAMA—1914 Article XXVI.

This convention when signed by the Plenipotentiaries of the Contracting Parties shall be ratified by the respective Governments and

the ratifications shall be exchanged at Washington at the earliest date possible.

In faith whereof the respective Plenipotentiaries have signed the

present convention in duplicate and have hereunto affixed their

respective seals. Done at the City of Washington the 18th day of November in the

year of our Lord nineteen hundred and three. John Hay [seal] P. BuNAu Varilla [seal]

PANAMA—1914

BOUNDARY CONVENTION

Signed at Panmna Septemher 2, IQlJf.; ratification advised hy the

Senate October 22, 191J^; ratijied hy the President January 4, 1915;

ratified hy Panama Februai^ 8, 1915; ratifications exchanged at Panama Fehruary 11, 1915; fi^oclaimed Fehruary 18, 1915

[38 Stat. L., 1893] ARTICLES

I. Boundary line of Canal Zone to re- main as fixed and as herein

modified.

II. Territorial rights of the United

States.

III. Describes boundary line. IV. Limits of harbors of city of Panama

and Ancon.

V. Boundary between city of Colon and

the Canal Zone ; site of United

States battery. VI. Boundaries of city of Colon.

VII. Panamanian easement for vessels trading with city of Colon ; wharfage and other i)rivileges. Panama to maintain " Sabanas Road." Railway rights across territory transferred. Preserves rights heretofore acquired. Employment of Panamanian citizens. XII. Preserves jurisdiction of pending

legal cases. XIII. Ratification.

VIII

IX.X.

XI.

Whereas, Gen. George W. Davis, then Governor of the Canal Zone, on behalf of the United States of America, and Messrs. Tomas Arias

and Ramon Valdes Lopez, then Secretary of Foreign Affairs and

Attorney General, respectively, of the Republic of Panama, acting on behalf of that Republic, entered into an agreement on the 15th day

of June, 1904, by the terms of which the Republic of Panama delivered over to the United States of America, the use, occupation, and

control in perpetuity of the zone of land ten miles in width described

and mentioned in articles II and III of the Canal Treaty between the

United States of America and the Republic of Panama, dated November 18, 1903,^*^ and the boundary lines of said zone, as well as those of the cities of Panama and Colon and their adjacent harbors, were subsequently located upon the ground and monumented

And, whereas, the President of the Republic of Panama, by decree

number 46 of May 17, 1912, delivered over to the United States the

use, occupation, and control of the areas of land to be covered by the

waters of Lake Gatun and all that part of the shores of the lake up

"For Arts. II and III of said treaty, see p. 840.

ftAft
TREATIES: PANAMA—19U

to an elevation of one hundred feet above sea level, in conformity

with articles II and III of said Canal Treaty.

And whereas, since the promulgation of said decree of May 17,

1912, the United States, in conformity with the said articles of said

Treaty, have taken over the use, occupation, and control of the islands

in said Lake Gatun and the peninsulas bordering on said lake to which there is no access except from said lake or from lands within

the jurisdiction of the Canal Zone;

Now, therefore, the Government of the United States and the

Republic of Panama being desirous to establish permanently the

boundary lines of the above-mentioned lands and waters so taken over by the United States, to that end have resolved to enter into the fol- lowing agreement, for which purpose the President of the United

States of America has commissioned His Excellency William Jennings Price, Envoy Extraordinary and Minister Plenipotentiary of

the United States to the Government of Panama, and the President

of the Republic of Panama has commissioned His Excellency Ernesto

T. Lefevre, Secretary of State in the office of Foreign Affairs of the

Republic of Panama, who, having exchanged their respective full powers, have entered into the following boundary convention

It is agreed that the boundary lines of the zone of land of ten miles

in width described in article II of the said Canal Treaty shall remain

as defined and established by the agreement of June the 15th, 1904,

above mentioned, and subsequently located on the ground and monumented as shown by exhibit "A" accompanying this Convention,

with the modifications hereinafter set out in respect to the cities of

Panama and Colon and their adjacent harbors.

II. In conformity with articles II and III of said Treaty the rights

of the United States to the use, occupation, and control of the areas

to be covered by the waters of Gatun Lake and all that part of the

shores of the lake up to an elevation of one hundred feet above mean

sea level, and the islands in said lake is hereby recognized, and in

like manner the right of the United States to the use, occupation, and

control of the peninsulas bordering on said lake to which there is no

access except over lands of the Canal Zone or from the waters of

Gatun Lake, is hereby recognized.

The one hundred feet contour line above referred to, as well as the

peninsulas above mentioned, shall be conveniently monumented and

marked upon the ground by the United States, with the intervention

of a representative or representatives of the Republic of Panama

designated for that purpose, and sketched upon a special map.

III.

It is agreed that the permanent boundary line between the City of

Panama and the Canal Zone shall be as follows

Beginning at a concrete monument located above high water mark

on the shore of Panama Bay, south of the Balboa Road on the slope

849
TREATIES: PANAMA—1914

of the headland called " Punta Mala," and north thirty-two degrees

ajid thirty minutes west (N. 32° 30' W.) and one hundred and fifty

(150) meters from about the center of an island called " Gavilan."

From the above concrete monument (marked "A" on the map) the

boundary line runs north twenty degrees and two minutes east (N. 20° 2' E.) six hundred and thirty-three and seven-t«nths (633.7)

meters to a concrete monument (marked " B " on the map) located

at the intersection of the easterly line of the Zone boundary

road, and the northerl}^ line of the road leading from Panama to Balboa; thence north thirty-six degrees and forty-two minutes east (N. 36° 42' E.) nine hundred and sixty-six and eighty-five hundredths (966.85) meters to a concrete monument (marked " C" on the

map) on the northerly side of the road leading to Ancon Hospital

grounds; thence north three degrees and nineteen minutes east (N. 3°

19' E.) one hundred and forty-eight and forty-six one-hundredths

( 148,46) meters to an iron rail property monument ; thence north eight

degrees and fourteen mmutes, and forty seconds west (N. 8° 14' 40"

W.) one hundred and fifty-one and thirty-three one-hundredths meters (151.33) to a point; thence north thirty-seven degrees and fortyfive minutes east (N. 37° 45' E.) fourteen and thirty-three one-hundredths meters to a point in the road on the present boundary line;

thence along said present boundary north no degrees and forty-seven

minutes west (N. 0° 47' W.) sixty-six and forty-four one-hundredths

meters (66.44) to a point; thence north seventy-six degrees and fiftynine minutes east (N. 76° 59' E.) forty-two and forty-five one- hundredths (42.45) meters to a point; thence south sevent^'-two degrees and eleven minutes east (S. 72° 11' E.) one hundred and fiftynine and twenty-seven one-hundredths (159.27) meters to a point near Calidonia Bridge; thence north three degrees and eight minutes east (N. 3° 8' E.) crossing the Panama Railroad Company's

tracks seventy-seven and three-tenths (77.3) meters to a point twelve

and two-tenths (12.2) meters from the center line of the main track

of the said Panama Railroad; thence parallel to the said railroad in a north-westerly direction, two hundred and ninety and five-tenths

(290.5) meters to a point on the present boundary line; thence north

forty-nine degrees, thirteen minutes and ten seconds west (N. 49° 13' 10" W.) and one hundred and sixty-five and thirty-seven one- hundredths (165.37) meters to an iron rail monument, twelve and

three-tenths meters from the center of the main line track of the

Panama Railroad; thence north forty-six degrees, thirty-nine minutes and thirty seconds west (N. 46° 39' 30" W.) two hundred and

twenty and four one-hundredths (220.04) meters to a Panama Railroad boundary monument twenty-two and one-tenth (22.1) meters

from the center line of Panama Railroad main line track; thence

north forty-nine degrees and fourteen minutes west (N. 49° 14 W.)

and parallel with the Panama Railroad track two hundred and

ninety and thirty-six one-hundredths (290.36) meters to Rio Curundu; thence following the course of Rio Curundu upstream to a point

(marked " E " on the map) where the said Rio Curundu is intersected by a straight line drawn through the point of intersection on

the canal axis (marked " Cocoli " on the map) perpendicular to that

part of the Canal axis of A. D. 1906 which extends in a straight line

850
TREATIES: PANAMA—1014

southeasterly from the said point marked " Cocoli " to the point of

intersection (marked " Bay " on the map) the former point of mtersection beinjr situated between Miraflores and Corozal, and the latter point in Ancon Harbor; thence from " E " north sixty-three degrees

and thirty minutes east (N. 6:3° 30' E.) two thousand and eight and

six-tenths (2,008.6) meters to a concrete monument (marked " F

" on the map) on the present Iwundary between the Canal Zone and

the Republic of Panama ; thence along this boundary south twentysix degrees and thirty-four minutes east (S. 26° 34' E.) about four

thousand seven hundred and forty-four and five-tenths (4,744.5)

meters to monument No. 99 and thence continuing on this line to the

shore of Panama Bay at low water mark ; thence following the mean

low water line around the shore of Panama Bay to a point on the

boundary line between Panama Harbor and Ancon Harbor; thence

north seventy-two degrees, fourteen minutes west (N. 72° 14' W.) to

a monument "A," the point of beginning, except that the entire area

of the middle island on the map called Las Tres Hermanas shall be

under the jurisdiction of the United States of America.

Points "A," " B " and " C " above referred to, are the same points

mentioned in the original agreement between the Government of the

Republic of Panama and the Canal Zone Government, dated June

15, 1904.

All bearings in this description and on the map mentioned above

are referred to true meridian and all coordinates are in accordance

with the Panama-Colon Datum.

The Government of Panama agrees that the portion of the roadway

now existing between the Ancon Post Office and the Tivoli Dispensary and connecting the Tivoli Road with the roads leading

to Balboa and the Ancon Hospital grounds, which will fall within

Panaman jurisdiction as a result of the boundary lines established

in accordance with the foregoing description, will be kept open and

of the same grade as same now is and will be maintained in good

serviceable condition by the said Government of Panama so that it will afford a free, uninterrupted and unobstructed permanent public

thoroughfare, unless in the future provided otherwise by the mutual

agreement of the chief executive authorities of the Republic of

Panama and the Panama Canal.

IV.

It is agreed that the harbor of the City of Panama shall include

the maritime waters in front of the City of Panama lying to the

north and east of a line beginning at a concrete monument set on

" Punta Mala " marked "A" on the map already referred to in this

Convention, and running south seventy-two degrees and fourteen

minutes east (S. 72° 14' E.) through the middle island of the three

islands known as "Las Tres Hermanas," but excluding the said

middle island, and extending three marine miles from mean low

w^ater mark at Punta Mala ; and that the harbor of Ancon shall in- clude the waters lying south and w^est of said line, but including

the said middle island which shall be deemed to be within the harbor

of Ancon. The said middle island hereby included within the harbor

851
TREATIES: PANAMA—1914 of Ancon is situated about south twelve degrees, thirty minutes west

(S. 12° 30' W.) eight hundred and fifty-six (856) meters from the

point of Las Bovedas and lies in latitude north eight degrees, fiftysix minutes (N. 8° 56') plus one thousand and fifty-eight and eightyeight hundredths (1.058.88) meters and longitude west seventy-nine

degrees, thirty-two minutes (W. 79° 32') plus three hundred fortytwo and six-tenths (342.6) meters, the datum of said latitude and

longitude being what is generally laiown as the Panama-Colon

Datum. All bearings are referred to true meridian.

The foregoing description of the City of Panama and Panama

Harbor conform to the accompanying blue print marked exhibit

V.

It is agreed that the permanent boundary line between the City

of Colon and the Canal Zone shall be as follows:

Beginning at a point on the western shore of Boca Chica (sometimes called Folks River) marked "A" on the map, and fifty (50)

meters to the eastward of the center line of the main line of track

of the Panama Railroad; thence northward and northwestward,

always parallel with said railroad track, and at a uniform distance of

fifty (50) meters from the center line thereof to the center of Bolivar

Street (sometimes called " C " street) , said point beng marked

" B " on the map ; thence northerly along the center line of said

Bolivar Street, to the center line of Eleventh Street, this point of

intersection being marked "C" on the map; thence westerly along

the center line of Eleventh Street, a distance of one hundred sixtytwo and fifty-three hundredths (162.53) meters to a cross on the

sea wall along Limon Bay, said point being marked " D " on the

map; thence north seventv-eight degrees, thirtv minutes and thirt}''

seconds west (N. 78° 30'*^ 30" W.) to the shore of Limon Bay at mean low water mark; thence following the mean low water line

around the shore in a northerly, easterl}', southerl3% and westerly

direction to the point of beginning, except that at the site of the

old Colon lighthouse a detour is made, as shown on the map, to exclude an area of land to be used as the site for a United States

battery, which site shall be deemed to be within the Canal Zone.

The site for a United States battery above mentioned, which is to be included within the jurisdiction of the Canal Zone, is described

as follows

The initial point is a tack in a stake on Colon point, situated with

reference to certain prominent points as follows: South forty-one

degrees, six minutes east (S. 41° 6' E.) twenty-five and twenty-two

one-hundredths (25.22) feet from the southwest interior corner of

the upper pavement of the swimming pool; south eleven degrees,

thirty-seven minutes west (S. 11° 37' W.) one hundred twenty-seven

and sixty-eight one-hundredths (127.68) feet from a cross mark

on a bolt set in a concrete base thirteen and nine-tenths (13.9) feet to the northeast of the center of the northeastern edge of the swimming pool; south thirty-five degrees, eighteen minutes west (S. 35°

18' W.) two hundred sixty-six and seventy-five one-hundredths

(266.75) feet from the northwestern corner of the Hotel Washing852
TREATIES: PANAMA—191Jt

ton; and north sixty-eight degrees, twenty-nine minutes west (N. 68°

29' W.), five hundred forty-three and ninety-five one-hundredths

(543.95) feet from the cross mark on a rail set in a concrete base at

a point where the south building line of Second Street intersects the

center line of Bottle Alley; from this initial point south forty-three

degi-ees, no minutes west (S. 43° 00' W.), two hundred fifty-eight

and five-tenths (258.5) feet to a point; thence north forty-seven

degrees, no minutes west (N. 47° 00' W.) ninety and sixty-four one- hundredths (90.64) feet to a point; thence by a curve to the right

with a radius of fifty-six and eighty-six one-hundredths (56.86) feet and a central angle of forty-five degrees, no minutes (45° 00'),

fortj'^-four and sixty-six one-hundredths (44.66) feet to a point;

thence by a curve to the right with a radius of ninety-one (91) feet

and a central angle of forty-five degrees, no minutes (45° 00'),

seventy-one and forty-seven one-hundredths (71.47) feet to a point;

thence north forty-three degrees, no minutes east (N. 43° 00' E.), one hundred seventy-seven and five-tenths (177.5) feet to a point;

thence south forty-seven degrees, no minutes east (S. 47° 00' E.), one hundred fifty-seven and five-tenths (157.5) feet to the point of

beginning, containing ninety-one one-hundredths (0.91) acres, more

or less. AH bearings are referred to true meridian (Panama-Colon

Datum).

VI.

The harbor of Colon shall consist of those maritime waters lying

to the westward of the City of Colon and bounded as follows

The southerly boundary of the harbor of Colon is in a line running

north seventy-eight degrees, thirty minutes and thirty seconds west

(N. 78° 30' 30" W.), which begins at a cross cut in the concrete sea wall on the easterly side of Limon Bay and on the center line of

Eleventh Street, Colon, produced westerly. This point is marked

" D " on the map designated exhibit " C." Beginning at mean low

water mark on Limon Bay on the above described line the boundary

runs northwesterly along said line to a point in Limon Bay marked

" E " on the map, and located three hundred and thirty (330) meters

east of the center line of the Panama Canal; thence turning to the

right and running in a northerly direction the line runs parallel with

the above mentioned center line and at a distance of three hundred

and thirty (330) meters easterly therefrom until it meets an imaginary straight line drawn through the lighthouse on Toro Point

having a bearing of south seventy-eight degrees and thirty minutes

and thirty seconds east (S. 78° 30' 30" E.), this intersection point

being marked "F" on the map; thence turning to the right and

running along the above-mentioned line south seventy-eight degrees,

thirty minutes and thirty seconds east (S. 78° 30' 30" E.) to a point on the boundary of the above-mentioned site for the LTnited States battery; thence turning to the right and running along the said

boundary line of said site to the mean low water line of Limon Bay

thence turning to the right and running along said water line in a generally southerly direction to the point of beginning at the foot

of Eleventh Street.

853
TREATIES: PANAMA—1914 All bearings in this description and on the plan mentioned above

are referred to true meridian (Panama-Colon Datmn).

The foregoing description of the City of Colon and Colon Harbor

conform to the accompanying blue print marked exhibit " C."

VII.

It is agreed that the Republic of Panama shall have an easement

over and through the waters of the Canal Zone in and about Limon

and Manzanillo bays to the end that vessels trading with the City

of Colon may have access to and exit from the harbor of Colon, subject to the police laws and quarantine and sanitary rules and regulations of the United States and of the Canal Zone established for

said Avaters. The United States also agrees that small vessels may land at the

east wall which extends along the shore to the south of the foot of

Xinth Street and recently constructed by the Panama Railroad

Company in the harbor of Colon free of any wharfage or landing

charges that might otherwise accrue to the said company under the

terms of its concessions from the Government of Colombia ; and the

United States further agrees that it will construct and maintain a landing pier in a small cove on the southerly side of Manzanillo

Island in the northwesterly portion of the arm of the sea known

as Boca Chica (sometimes called Folks River), to be used as a shel- ter harbor for small coasting boats of the Republic of Panama,

without any wharfage or other landing charges.

VIII.

Inasmuch as the highway known as the " Sabanas Road " will come entirely within the bounds of the City of Panama under this

agreement the authorities of the Canal Zone are hereby relieved of

the duty to repair and maintain such road, or any part of it, and

the same shall be done henceforth by the authorities of the Republic

at their cost and expense.

IX.

It is agreed that the Republic of Panama will not construct nor

allow the construction of any railway across the Sabanas or other

territory hereby transferred to that Republic without a mutually

satisfactory agreement having been previously arrived at between

the two governments; and this shall be without prejudice to any

right the United States may have to object to such railway projection under any of the provisions of the Canal Treaty of November 18, 1903.^^ X.

The contracting parties hereby agree that this Convention shall not diminish, exhaust, or alter any rights acquired by them heretofore in conformity with the Canal Treaty of November 18, 1903;

" Ilay-Bunau Varilla Treaty, Art. V, p. 839.

854
TREATIES: PANAMA—191.', and it is further expressly agreed that the United States, in the

exercise of the rights granted to it under articles II and III of the

said Canal Treaty and subject to article VI of said Treaty, may enter upon and use, occupy, and control the whole or any portion" of the

Sabanas land, or other territory hereby transferred to the Republic

of Panama, as the same may be necessary, or convenient, for the

construction, maintenance, operation, sanitation, or protection of the

Canal or of any auxiliaiy canals, or other works necessary and con- venient for the construction, maintenance, operation, sanitation, or

protection of said enterprise.

XI.

This agreement shall not be construed to modify the rights of the

authorities of the Canal Zone to employ citizens of the Republic of

Panama residing in the territory of the Republic as provided in

section V of the above-mentioned agreement of June 15, 1904, and

for which purpose the Government of the Republic granted the

permission required by paragraph 2 of article 7 of the Panamanian

Constitution.

XII.

The civil and criminal cases pending in the courts of the Canal

Zone and the Republic of Panama at the time of the execution of

this Convention shall not be affected hereby but the same shall be

proceeded with to final judgment and disposed of in the courts where

they are now pending as though this agreement had not been entered

into. XIII.

The exhibits accompanying this agreement are signed by the representatives of the respective governments for identification. This

Convention, when signed by the plenipotentiaries of the high contracting parties, will be ratified by the two governments in con- formity with their respective constitutional laws, and the ratifica- tions shall be exchanged at Panama at the earliest date possible.

In faith whereof the respective plenipotentiaries have signed the

present Convention in duplicate and have hereunto affixed their

respective seals. Done at the City of Panama, the second day of September, in the

year of our Lord, nineteen hundred and fourteen.

[seal..] William Jennings Price.

[seal.] E. T. Lefevre.

PANAMA—1914

PROTOCOL OF AN AGREEMENT RELATING TO NEUTRALITY

Signed at Washington October 10^ I9IJ4. Protocol of an agreement concluded between Honorable Robert

Lansing, Acting Secretary of State of the United States, and Don

Eusebio A. Morales, Envoy Extraordinary ar-^ ]^^^'"ister Plenipoten855
TREATIES: PANAMA—1926

tiary of the Republic of Panama, signed the tenth day of October,

1914. The undersigned, the Acting Secretary of State of the United

States of America and the Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama, in view of the close association of the interests of their respective Governments on the Isthmus

of Panama, and to the end that these interests may be conserved and

that, when a state of war exists, the neutral obligations of both Governments as neutrals may be maintained, after having conferred on

the subject and being duly empowered by their respective Governments, have agreed

That hospitality extended in the waters of the Republic of Panama

to a belligerent vessel of war or a vessel belligerent or neutral,

whether armed or not, which is employed by a belligerent power as a transport or fleet auxiliary or in any other way for the direct purpose

of prosecuting or aiding hostilities, whether by land or sea, shall serve to deprive such vessel of like hospitality in the Panama Canal

Zone for a period of three months, and vice versa. In testimony whereof, the undersigned have signed and sealed the

present Protocol in the city of Washington this tenth day of October,

1914.

Robert Lansing, [l. s.] EusEBio A. Morales [l. s.] PANAMA—1926

CLAIMS CONVENTION

Sic/ned at Washington J\iy 28^ 1926; rat'i-flcatioii advised hy the Senate. January 26, 1929; ratified by the Pr^esident Septetnher 11,

1931; ratified hy Panama September 25, 1931; ratifications ex- changed at Washington October 3, 1931; proclaimed October 6,

1931

[47 Stat. L. 1915] ARTICLES

I. Claims iucluded ; constitution of Commission.

II. Organization and meetings of Commission.

III. Proceedings of Commission.

IV. Record of proceedings ; Secretaries and assistants. V. Exhaustion of legal remedies not condition precedent.

VI. Time of filing and adjudicating

claims ; reports. VII. Finality of proceedings of Commission. VIII. Payment of balance between total awards.

IX. Expenses of Commission.

X. Ratification. The United States of America and the Republic of Panama, desiring to settle and adjust amicably claims by the citizens of each

country against the other, have decided to enter into a Convention

with this object, and to this end have nominated as their plenipotentiaries : The President of the United States of America, The Honorable

Frank B. Kellogg, Secretary of State of the United States of America; and

The President of the Republic of Panama, The Honorable Doctor

Ricardo J. Alfaro, Envoy Extraordinary and Minister Plenipoten856
TREATIES: PANAMA—1926

tiary of Panama to the United States and the Honoiuble Doctor

Eusebio A. Morales, Envoy Extraordinary and Minister Plenipotentiary of Panama on special mission

Who, after having communicated to each other their ri^npective full powers found to be in due and proper form, have agreed upon the

following articles

Article I

All claims against the Kepublic of Panama arising since November

3, 1903, except the so-called Colon Fire Claims hereafter referred

to, and which at the time they arose were those of citizens of the

United States of America, whether corporations, companies, associations, partnerships or individuals, for losses or damages suffered

by persons or by their properties, and all claims against the United

States of America arising since November 3, 1903, and which at the

time they arose were those of citizens of the Republic of Panama,

whether corporations, companies, associations, partnerships or individuals, for losses or damages suffered by persons or by their properties; all claims for Jesses or damages suffered by citizens of either

country, by reason of losses or damages suffered by any corporation,

company, association or partnership, in which such citizens have or have had, a substantial and bona fide interest, provided an allotment

to the claimant by the corporation, company, association or partnership, of his proportion of the loss or damage suffered is presented by

the claimant to the Commission ; and all claims for losses or damage

originating from acts of officials or others acting for either Government, and resulting in injustice, and which claims may have been

presented to either Government for its interposition with the other,

and which have remained unsettled, as well as any other such claims

which may be filed by either Government within the time hereinafter

specified, shall be submitted to a Commission consisting of three

members for decision in accordance with the principles of international law, justice and equity. As an exception to the claims to be submitted to such Commission, unless by later specific agreement

of the two Contracting Parties, are claims for compensation on ac- count of damages caused in the manner set forth in Article VI of the

Treaty of November 18, 1903, ^~ for the construction of the Panama

Canal, which shall continue to be heord and decided by the Joint

Commission provided for in that Article of the Treaty.

With regard to the exception above made respecting the claims

for losses suffered by American citizens as a result of the fire that

occurred in the City of Colon on March 31, 1885, the Government of

Panama agrees in principle to the arbitration of such claims under

a Convention to which the Republic of Colombia shall be invited

to become a party and which shall provide for the creation or

selection of an arbitral tribunal to determine the following questions: First, whether the Republic of Colombia incurred any lia- bility for losses sustained by American citizens on account of the

fire that took place in the City of Colon on the 31st of Marcli 1885

and, second, in case it should be determined in the arbitration that

"For. Art. VI of Treaty, see p. 841.

93083—34 55 857
TREATIES: PANAMA—1926

there is an original liability on the part of Colombia, to what

extent, if any, tlie Republic of Panama has succeeded Colombia in

such liability on account of her separation from Colombia on November 3, 1903, and the Government of Panama agrees to cooperate

with the Government of the United States by means of amicable

representations in the negotiation of such arbitral agreement between

the three Countries.

The hearing and adjudication of particular claims in accordance

with their merits in order to determine the amount of damages to be paid, if any, in case a liability is found, shall take place before

a special tribunal to be constituted in such form as the circumstances

created by the tri-partite arbitration shall demand.

As a specific exception to the limitation of the claims to be submitted to the Commission against the United States of America it is agreed that there shall be submitted to the Commission the claims

of Abbondio Caselli, a Swiss citizen, or the Government of Panama,

and Jose C. Monteverde, an Italian subject, or the Government of

Panama, as their respective interests in such claims may appear,

these claims having arisen from land purchased by the Govermnent

of Panama from the said Caselli and Monteverde and afterwards

expropriated by the Government of the United States, and having

formed in each case the subject matter of a decision by the Supreme

Court of Panama.

The Commission shall be constituted as follows : One member shall

be appointed by the President of the United States; one by the

President of the Republic of Panama ; and the third, who shall preside over the Commission, shall be selected by mutual agreement be- tween the two Governments. If the two Governments shall not

agree within two months from the exchange of ratifications of this

Convention in naming such a third member, then he shall be designated by the President of the Permanent Administrative Council of

the Permanent Court of Arbitration at The Hague described in

Article 49 of the Convention for the Pacific Settlement of International Disputes concluded at The Hague October 18, 1907. In case of the death, absence or incapacity of any member of the Commission,

or in the event of the member omitting or ceasing to act as such, the same procedure shall be followed for filling the vacancy as was fol- lowed in appointing him.

Article II The Commissioners so named shall meet at Washington for organization within six months after the exchange of ratifications of this

Convention, and each member of the Commission before entering

upon his duties, shall make and subscribe a solemn declaration stat- ing that he will carefully and impartially examine and decide ac- cording to the best of his judgment and in accordance with the

principles of international law, justice and equity, all claims pre- sented for his decision, and such declaration shall be entered upon

the record of the proceedings of the Commission.

The Commission may fix the time and place of its subsequent meetings, either in the United States or in Panama as may be convenient,

subject always to the special instructions of the two Governments.

858
TREATIES: PANAMA—1926 Article III The Commission shall have authority by the decision of the majority of its members to adopt such rules for its proceedings as may

be deemed expedient and necessary, not in conflict with any of the

provisions of this Convention.

Each Government may nominate agents or counsel who will be

authorized to present to the Commission orally or in writing, all the arguments deemed expedient in favor of or against any claim.

The agents or counsel of either Government may offer to the Commission any documents, affidavits, interrogatories or other evidence

desired in favor of or against any claim and shall have the right to examine witnesses under oath or affirmation before the Commission,

in accordance with such rules of procedure as the Commission shall

adopt. -. , ^

The decision of the majority of the members of the Commission

shall be the decision of the Commission.

The language in which the proceedings shall be conducted and re- corded shall be English or Spanish.

Article IV

The Commission shall keep an accurate record of the claims and

cases submitted, and minutes of its proceedings with the dates thereof. To this end, each Government may appoint a Secretary ; those

Secretaries shall act as joint Secretaries of the Commission and shall be subject to its instructions. Each Government may also appoint

and employ, any necessary assistant secretaries and such other assist- ants as may be deemed necessary. The Commission may also appoint

and employ any other persons necessary to assist in the performance

of its duties.

Article V

The High Contracting Parties being desirous of effecting an equitable settlement of the claims of their respective citizens, thereby

affording them just and adequate compensation for their losses or damages, agree that no claim shall be disallowed or rejected by the

Commission through the application of the general principle of international law that the legal remedies must be exhausted as a condition

precedent to the validity or allowance of any claim.

Artiole VI

Every such claim for loss or damage accruing prior to the signing

of this Convention, shall be filed with the Commission within four

months from the date of its first meeting, unless in any case reasons

for the delay, satisfactory to the majority of the Commissioners, shall

be established, and in any such case the period for filing the claim

may be extended not to exceed two additional months.

The Commission shall be bound to hear, examine and decide, within

one year from the date of its first meeting, all the claims filed.^^

"This paragraph amended by Art. I, p. 861. 869
TREATIES: PANAMA—1926 Three months after the date of the first meeting of the Commissioners and every three months thereafter, the Commission shall submit to each Government a report setting forth in detail its work to date, including a statement of the claims filed, claims heard and

claims decided. The Commission shall be bound to decide any claim

heard and examined, v/ithin six months after the conclusion of the

hearing of such claim and to record its decision.

Article VII

The High Contracting Parties agree to consider the decision of the

Commission as final and conclusive upon each claim decided, and to give full effect to such decisions. They further agree to consider the

result of the proceedings of the Commission as a full, perfect and

final settlement of ever}' such claim upon either Government, for loss or damage sustained prior to the exchange of the ratifications of the

present Convention. And they further agree that every such claim,

whether or not filed and presented to the notice of, made, preferred

or submitted to such Commission, shall from and after the conclusion

of the proceedings of the Commission, be considered and treated as fully settled, barred, and thenceforth inadmissible, provided in the

case of the claims filed with the Commission that such claims have

been heard and decided.

This provision shall not apply to the so-called Colon Fire Claims,

which will be disposed of in the manner provided for in Article I of

this Convention.

Article VIII

The total amount awarded in all the cases decided in favor of the

citizens of one country shall be deducted from the total amount

awarded to the citizens of the other country, and the balance shall be paid at the City of Panama or at Washington, in gold coin or its equivalent within one year from the date of the final meeting of the

Commission, to the Government of the country in favor of whose

citizens the greater amount may have been awarded.^''

Article IX

Each Government shall pay its own Commissioner and bear its own

expenses. The expenses of the Commission including the salary of

the third Commissioner shall be defrayed in equal proportions by the

two Governments.

Article X

The present Convention shall be ratified by the Hifjh Contracting

Parties in accordance with their respective Constitutions, Ratifications of this Convention shall be exchanged in Washington as soon

as practicable and the Convention shall take effect on the date of the

exchange of ratifications.

"This article amended by Article II, p. 862.

860
TREATIES: PANAMA—1932 In witness whereof, the respective plenipotentiaries have signed

and affixed their seals to this Convention.

Done in duplicate in Washington this twenty-eighth day of July

am.

[seal] Frank B Kellogg

[seal] R. J. Alfaro

J seal] Eusebio a Morales

PANAMA—1932 CONVENTION MODIFYING CLAIMS CONVENTION OF JULY 28. 1926 Signed at Panmna December 17, 1932; 7'ati-fiGation advised by the

Senate Februanj 18, 1933; ratified by the President February 23,

1933; ratified by Panama March 20, 1933; ratifications exchanged

at Panama March 25, 1933; proclaimed March 30, 1933

articles

I. Time of hearing and deciding claims.

II. Payment of balance between total awards.

III. Ratification.

The United States of America and the Republic of Panama desiring to modify certain provisions of a Convention for the settlement

and amicable adjustment of claims presented by the citizens of each

country against the other, signed at Washington July 28, 1926,^^ have

decided to conclude a Convention for that purpose and have nominated as their plenipotentiaries:

The President of the United States of America, Mr. Roy Tasco

Davis, Envoy Extraordinary and Minister Plenipotentiary of the

United States to Panama; and

The President of the Republic of Panama, His Excellency Doctor

J. Demostenes Arosemena, Secretary for Foreign Affairs of the

Republic of Panama;

Who after having communicated to each other their respective full powers found to be in due and proper form, have agreed upon the

following articles:

Article I. The second paragraph of Article VI of the Convention between the

United States of America and the Republic of Panama for the settle- ment and amicable adjustment of claims by citizens of each country

against the other, signed at Washington July 28, 1926, is amended

to read as follows

The Commission shall be bound to hear, examine and decide,

before July 1, 1933, all the claims filed on or before October

1, 1932.^« "For Convention of July 28, 1926, see p. 856. "For article amended, see p. 859.
TREATIES: PANAMA—19S2 Aeticle II. Article VIII of the CLaims Convention signed at Washington on

July 28, 1926, by Plenipotentiaries of the United States of America

and the Republic of Panama is amended to read as follows

The total amount awarded in all the cases decided in favor

of the citizens of one country shall be deducted from the total amount awarded to the citizens of the other countrj^ and the

balance shall be paid at the city of Panama or at Washington,

in gold coin or its equivalent the first of July, 1936, or before, to the Government of the country in favor of whose citizens

the greater amount may have been awarded.^^

Article III. The present Convention shall be ratified by the High Contracting

Parties in accordance with their respective Constitutions. Ratifications of this Convention shall be exchanged in Panama as soon as practicable and the Convention shall take effect on the date of the

exchange of ratifications. In witness whereof, the respective Plenipotentiaries have signed

and affixed their seals to this Convention.

Done in duplicate in Panama this seventeenth day of December,

1932.

[seal] Roy T. Da\^s

J D Arosemena [seal]

PANAMA—1932

CONVENTION REGULATION TRANSIT OF ALCOHOLIC LIQUORS THROUGH THE

CANAL ZONE

SigTied at Panmna March IJf, 1932; ratiiication admsed hy the

Senate June 18^ 1932; ratified hy the President June ^^, 1932;

ratified hy Panama March 20, 1933; ratifications exchanged at Panama March 26, 1933; proclaimed April 7, 1933

ARTICLES

I. Transit of alcoholic liquors through

Canal Zone.

II. Status, modification and termination

of Article I. III. Ratification. The President of the United States of America and the President

of the Republic of Panama desiring, in accordance with the provisions of Article V of the Convention between the United States of

America and the Republic of Panama for the Prevention of Smuggling of Intoxicating Liquors, signed at Washington, June 6, 1924,^* to modify the said Convention by adding to it an article which shall regulate transit through the territory of the Canal Zone, referred to

in Article VI of the Treaty signed at Washington, on November

18, 1903,'^ with respect to the shipment of alcoholic liquors from

cme point in the Republic of Panama to another point in the Repub-

" For article amended, see p. 860. " Kor said Convention of June 6, 1924, see 43 Statutes at Large, p. 1875. " For said Art. VI, see p. 841.

8(>ii
TREATIES: PANAMA—1932

lie of Panama, have decided to conclude a convention for that purpose and have appointed as their plenipotentiaries

The President of the United States of America, Mr. Roy T. Davis,

Envoy Extraordinary and Minister Plenipotentiary of the United

States of America to the Republic of Panama ; and

The President of the Republic of Panama, His Excellency Enrique

Geenzier, Secretary for Foreign Affairs;

Who, having communicated their full powers found in good and

due form, have agreed as follows:

Article I No penalty or forfeiture under the laws of the United States of

America shall be applicable or attach to alcoholic liquors or to vehicles or persons by reason of the carriage of such liquors when they

are in transit under seal and under certificate by Panamanian authority from the terminal ports of the Canal to the cities of Panama or Colon or from the cities of Panama or Colon to the terminal

ports of the Canal when said liquors are intended for exportation, or between the cities of Panama or Colon and any other points of

the Republic or between any two points of the territory of the

Republic when in any of these cases the direct or natural means of

communication is through Canal Zone territory and provided that

such liquors remain under the said seals and certificates while they

are passing through Canal Zone territory.

Article II

Article I of the present convention shall be deemed to constitute an

integral part of the convention of June 6, 1924, and as such shall

be subject to the provisions of that convention regarding modification and termination.

If the substance of Article I of the present convention be in- corporated in any treaty which may hereafter be concluded between

the United States of America and the Republic of Panama, the pres- ent convention shall automatically lapse when such treaty shall come

into force. Article III

The present convention shall be ratified by the High Contracting

Parties in accordance with the requirements of the constitutions of

the United States of America and the Republic of Panama, re- spectively, and the ratifications shall be exchanged at Panama as soon as possible. The convention shall enter into force on the date

of the exchange of ratifications. In witness whereof, the respective Plenipotentiaries have signed

the present Convention in duplicate, in the English and Spanish

languages, both of which shall be authentic, and have hereunto

affixed their seals. Done in the City of Panama this fourteenth day of March, in the

year of our Lord one thousand nine hundred and thirty-two.

Roy T. Davis Enrique Geenzier

[seal] [sf^t,] 863
TREATIES: COLOMBIA—1914 COLOMBIA—1914

TREATY FOR THE SETTLEMENT OF DIFFERENCES ARISING OUT OF EVENTS

WHICH TOOK PLACE ON THE ISTHMUS OF PANAMA IN NOVEMBER, 1903 Signed at Bogota April 6, 19Ji; ratification advised by the Senate

lolth amendments Api^il 20^ 1921 ; rati^ed hy the President Januai^

11^ 1922; ratified hy Colombia March 1, 1922; ratificatioiis exchanged at Bogota, March 1, 1922; proclaimed March 30, 1922

[42 Stat. L. 2122] AEHCLES

I. Rights of Colombia in respect to the

Interoceanic canal and Tanama Rail- way.

II. United States to pay Colombia

125,000,000.

III. Colombia recognizes independence of i'auama ; United States to take steps

to establish relations between Co- lombia and Panama.

IV. Ratification. The United States of America and the Kepubhc of Colombia, being

desirous to remove all the misunderstandings growing out of the

political events in Panama in November, 1903; to restore the cordial

friendship that formerly characterized the relations between the

two countries, and also to define and regulate their rights and interests in respect of the interoceanic canal which the Government of

the United States has constructed across the Isthmus of Panama,

have resolved for this purpose to conclude a Treaty and have accordingly appointed as their Plenipotentiaries:

His Excellency the President of the United States of America,

Thaddeus Austin Thompson, Envoy Extraordinary and Minister

Plenipotentiary of the United States of America to the Government

of the Republic of Colombia; and

His Excellency the President of the Republic of Colombia, Francisco Jose Urrutia, Minister for Foreign Affairs; Marco Fidel Suarez,

First Designate to exercise the Executive Power ; Nicolas Esguerra,

Ex-Minister of State; Jose Maria Gonzalez Valencia, Senator;

Rafael Uribe Uribe, Senator; and Antonio Jose Uribe, President of

the House of Representatives;

Who, after communicating to each other their respective full powers, which were found to be in due and proper form, have

agreed upon the following:

Article I. The Republic of Colombia shall enjoy the following rights in

respect to the interoceanic Canal and the Panama Railway, the title to which is now vested entirely and absolutely in the United States of America, without any incumbrances or indemnities whatever.

1.—The Republic of Colombia shall be at liberty at all times to transport through the interoceanic Canal its troops, materials of war and ships of war, without paying any charges to the United

States.^o

2.—The products of the soil and industry of Colombia passing

through the Canal, as well as the Colombian mails, shall be exempt

^''Tliis (laiisc modified by Protocol of Exchange, p. 860.

864
TREATIES: COLOMBIA—191.>,

I'rom any charge or duty other than those to which the products

and mails of the United States may be subject. The products of

the soil and industry of Colombia, such as cattle, salt and provisions,

shall be admitted to entry in the Canal Zone, and likewise in the

islands and mainland occupied or which may be occupied by the

United States as auxiliary and accessory thereto, without paying

other duties or charges than those payable by similar products of

the United States.

3.—Colombian citizens crossing the Canal Zone shall, upon production of proper proof of their nationality, be exempt from every

toll, tax or duty to which citizens of the United States are not

subject.

4.—Whenever traffic by the Canal is interrupted or whenever it shall be necessary for any other reason to use the railway, the troops,

materials of war, products and mails of the Republic of Colombia,

as above mentioned, shall be transported on the Railway between

Ancon and Cristobal or on any other Railway substituted therefor,

paying only the same charges and duties as are imposed upon the

troops, materials of war, products and mails of the United States. The officers, agents and employees of the Government of Colombia

shall, upon production of proper proof of their official character

or their employment, also be entitled to passage on the said Railway

on the same terms as officers, agents and employees of the Government of the United States.

5.—Coal, petroleum and sea salt, being the products of Colombia,

for Colombian consumption passing from the Atlantic coast of

Colombia to any Colombian port on the Pacific coast, and vice versa,

shall, whenever traffic by the Canal is interrupted, be transported over the aforesaid Railway free of any charge except the actual cost of handling and transportation, which shall not in any case exceed one half or the ordinary freight charges levied upon similar products of the United States passing over the Railway and in transit

from one port to another of the United States. Article II. The Government of the United States of America agrees to pay

at the City of Washington to the Republic of Colombia the sum of

twenty-five million dollars, gold, United States money, as follows:

The sum of five million dollars shall be paid within six months after

the exchange of ratifications of the present treaty, and reckoning

from the date of that payment, the remaining twenty million dollars

shall be paid in four annual installments of five million dollars each.

Article III. The Republic of Colombia recognizes Panama as an independent

nation and taking as a basis the Colombian Law of June 9, 1855,

agrees that the boundary shall be the following : From Cape Tiburon

to the headwaters of the Rio de la Miel and following the mountain

chain by the ridge of Gandi to the Sierra de Chugargun and that

of Mali going down by the ridges of Nigue to the heights of Aspave

865
TREATIES: COLOMBIA—19U

and from thence to a point on the Pacific half way between Cocalito

and La Ardita.

In consideration of this recognition, the Government of the United

States will, immediately after the exchange of the ratifications of

the present Treaty, take the necessary steps in order to obtain from

the Government of Panama the despatch of a duly accredited agent

to negotiate and conclude with the Government of Colombia a Treaty

of Peace and Friendship, with a view to bring about both the establishment of regular diplomatic relations between Colombia and

Panama and the adjustment of all questions of pecuniary liability as between the two countries, in accordance with recognized principles of law and precedents.

Article IV.

The present Treaty shall be approved and ratified by the High

Contracting Parties in conformity with their respective laws, and the

ratifications thereof shall be exchanged in the city of Bogota, as soon

as may be possible.

In faith whereof, the said Plenipotentiaries have signed the pres- ent Treaty in duplicate and have hereunto aflSxed their respective

seals. Done at the city of Bogota, the sixth day of April in the year of our Lord nineteen hundred and fourteen.

[seal.] Thaddeus Austin Thompson

[seal.] Francisco Jose Urrutia

[seal.] Marco Fidel Suarez

[seal.] Nicolas Esguerra

[seal.] Jose M. Gonzalez Valencia

[seal.] Rafael Uribe Uribe

[seal.] Antonio Jose Uribe

PROTOCOL OF EXCHANGE.

The undersigned Plenipotentiaries having met for the purpose of

exchanging the ratifications of the Treaty signed at Bogota, on April

6, 1914, between the United States of America and Colombia, providing for the settlement of differences arising out of the events which took place on the Isthmus of Panama in November, 1903, and

the ratifications of the Treaty aforesaid having been carefully compared and found exactly comformable to each other, the exchange

took place this day in the usual form.

With reference to this exchange the following statement is in- corporated in the present Protocol in accordance with instructions

received

1. In conformity with the final Resolution of the Senate of the

United States in giving its consent to the ratification of the Treaty

in question, the stiuplation contained in the first chiuse of Article one ^^ by which there is ceded to the Republic of Colombia free pas- sage of its troops, materials of war and ships of war through the

=» For the first clause of Art. I, see p. 864.

866
TREATIES: COLOMBIA—1914 Panama Canal, shall not be applicable in case of a state or war between the Republic of Colombia and any other country.

2. The said final Resolution of the Senate of the United States

signifies, as the Secretary of State in effect stated in the note which

he addressed to the Colombian Legation in Washington on the 3rd

day of October, 1921, that the Republic of Colombia will not have

the right of passage, free of tolls, for its troops, materials of war

and ships of war, in case of war between Colombia and some other

country, and consequently, the Republic of Colombia will be placed,

when at war with another country, on the same footing as any other

nation under similar conditions, as provided in the Hay-Pauncefote

Treaty concluded in 1901 ; and that, therefore, the Republic of Colombia will not by operation of the declaration of the Senate of the

United States above mentioned, be placed under any disadvantage as compared with the other belligerent or belligerents, in the Panama

Canal, in case of war between Colombia and some other nation or

nations. With this understanding the said Resolution has been ac- cepted by the Colombian Congress in accordance with the dispositions

contained in Article two of Law fifty-six of 1921, " by which is modified Law number fourteen of 1914 " approving the Treaty.

In witness whereof, they have signed the present Protocol of

Exchange and have affixed their seals thereto.

Done at Bogota, this first day of March, one thousand nine hundred

and twenty-two.

[seal,] Hoffman Philip

[seal.] Antonio Jose Uribb

867

GENERAL LAWS [T. 5, § 35a

GENERAL LAWS OF THE UNITED STATES APPLICABLE IN

OR RELATING TO THE CANAL ZONE OR THE PANAMA

CANAL

Title Page

5. Executive departments and Government

ofRcers and employees 869

6. Official and penal bonds S88

7. Agriculture 889

8. Aliens and citizenship 889

10. Army 891

12. Banks and banking 891

13. Census 892

15. Commerce and trade 892

17. Copyrights. 898

18. Criminal code and criminal procedure 899

19. Customs duties 957

21. Food and drugs 957

22. Foreign relations and intercourse 962

24. Hospitals, asylums, and cemeteries 968

26. Internal revenue 969

Title

27. Intoxicating liquors

28. Judicial Code and judiciary

29. Labor

.11. Money and finance

32. National Guard

35. Patents

39. The Postal Service

40. Public buildings, property, and works

41. Public contracts

45. Railroads

4S. Shipping

47. Telegraphs, telephones, and radio-tele- graphs

48. Territories and insular possessions

49. Transportation

50. War

Page

981 982 985

985

986

987 989

991

1009 Note.—References in this appendix, unless otherwise indicated, are to title and section of the United States Code. UNITED STATES CODE, TITLE .5 EXECUTIVE DEPARTMENTS AND GOVERNMENT OFFICERS AND EBIPLOYEES

CL. Sec. Ch. Sec.

1. Provisions applicable to depart- ments and officers generally 26a

12. Civil Service Commission and

classified civil service 631

lo. Classification of civilian posi- tions 661

14. Retirement of civil-service employees 691a

15. Compensation for injuries to employees of United States 751

16. Subsistence Expense Act of 1926- 821 CHAPTER 1.—PROVISIONS APPLICABLE TO DEPARTMENTS AND

OFFICERS GENERALLY

Sections 26a and 26b. Saturday half holidays.

Note.—Section 26a, providing a Saturday half holiday, expressly excepts

employees of the Panama Canal on the Isthmus. Section 261> fixes a workday

of seven hours on Saturday " as to those employees excei^ted from the provisions

of .section 26a." 30a. Limitation of annual leave; exception of certain Canal

employees.

Note.—This section is expressly iucipplicable to ofMcers and employees of the Panama Canal and Panama Railroad Co. on the Isthuuis. 35. Preference in appointments to honorably discharged soldiers,

sailors, and marines, and widows and wives thereof.—In making

appointments to clerical and other positions in the executive branch

of the Government in the District of Columbia or elsewhere prefer- ence shall be given to honorably discharged soldiers, sailors, and

marines, and widows of such, and to the wives of injured soldiers,

sailors, and marines, who themselves are not qualified, but whose

wives are qualified to hold such positions. (June 18, 1929, ch. 28,

sec. 3, 46 Stat. 21.)

35a. Preference in appointments ; spouse of married employee.—

In the appointment of persons to the classified civil service, prefer- ence shall be given to persons other than married persons living with

husband or wife, such husband or wife being in the service of the
T. 5, § 36] GENERAL LAWS

United States or the District of Columbia. (June 30, 1932, ch. 314,

sec. 213, 47 Stat. 406.)

36. Employment of wives of soldiers and sailors.—The wife of a soldier or sailor who served in the World War shall not be dis- qualified for any position or appointment under the Government

because she is a married woman. (Aug. 31, 1918, ch. 166, sec. 5, 40

Stat. 956.)

37a. Personnel reductions ; married persons.—In any reduction of

personnel in any branch or service of the United States Government

or the District of Columbia, married persons (living with husband

or wife) employed in the class to be reduced, shall be dismissed before

any other persons employed in such class are dismissed, if such husband or wife is also in the service of the United States or the District

of Columbia. (June 30, 1932, ch. 314, sec. 213, 47 Stat. 406.)

46a. Removal of employees for cause; withholding pay.—From

and after February 24, 1931, there shall be no withholding or confis- cation of the earned pay, salary, or emolument of any civil employee

of the United States removed for cause: Provided^ That if at the

time of such removal any such employee is indebted to the United

States any salary, pay, or emolument accruing to such employee coming within the provisions of this section shall be applied in whole or

in part to the satisfaction of any claim or indebtedness due to the

United States. (Feb. 24, 1931, ch. 287, 46 Stat. 1415.)

Note.—The Act cited to the text was entitled "An Act to provide against the withholding of pay wlien employees are removed for breacli of contract to render

faithful service." 47a. Uniform date for retirement of Federal personnel.—

Note.—This section appears in a note following Canal Zone Code, title 2, section 94. 58. Double salaries.—Unless otherwise specifically authorized by

law, no money appropriated by any act shall be available for payment to any person receiving more than one salary when the combined

amount of said salaries exceeds the sum of $2,000 per annum. (R. S.

sec. 1763; May 10, 1916, ch. 117, sec. 6, 39 Stat. 120; Aug. 29, 1916,

ch. 417, 39 Stat. 582.)

59. Same; exceptions; retired oflScers and enlisted men of Army,

Navy, Marine Corps, or Coast Guard, or officers and enlisted men

of militia.—Section 58 of this title shall not apply to retired officers or enlisted men of the Army, Navy, Marine Corps, or Coast Guard,

or to officers and enlisted men of the Organized Militia and Naval

Militia in the several States, Territories, and the District of Columbia. (May 10, 1916, ch. 117, sec. 6. 39 Stat. 120; Aug. 29, 1916,

ch. 417, 39 Stat. 582.)

Cross-Reference

See Canal Zone Code, title 2, section 82. 59a. Same ; limitation of amount of retired pay as commissioned

officer in Army, Navy, Marine Corps, Coast Guard, Coast and

Geodetic Survey, and Public Health Service.—(a) After June 30,

1932, no person holding a civilian office or position, appointive or

870
GENERAL LAWS tT. 6, § 69

elective, under the United States Government or the municipal government of the District of Columbia or under any corporation, the

majority of the stock of which is owned by the United States, shall be entitled, during the period of such incumbency, to retired pay

from the United States for or on account of services as a commissioned officer in anv of the services mentioned in Title 37, Pay and

Allowances, at a rate in excess of an amount which when combined

with the annual rate of compensation from such civilian office or

position, makes the total rate from both sources more than $3,000;

and when the retired pav amounts to or exceeds the rate of $3,000

per annum such person shall be entitled to the pay of the civilian

office or position or the retired pay, whichever he may elect. As used

in this section, the term "retired pay" shall be construed to include

credits for all service that lawfully may enter into the computation

thereof.

(b) This section shall not apply to any person whose retired pay

plus civilian pay amounts to less than $3,000 : Provided, That this

section shall not apply to regular or emergency commissioned officers retired for disability incurred in combat with an enemy of the United

States. (June 30, 1932, ch. 314, sec. 212, 47 Stat. 406.)

62. Holding other lucrative oflBce.—No person who holds an office the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office to which compensation is attached unless specially authorized thereto by law ; but this shall not apply to retired

officers of the Army or Navy whenever they may be elected to public

office or whenever the President shall appoint them to office by and

with the advice and consent of the Senate. Ketired enlisted men

of the Army, Navy, Marine Corps, or Coast Guard retired for any

cause, and retired officers of the Army, Navy, Marine Corps, or Coast

Guard who have been retired for injuries received in battle or for

injuries or incapacitv incurred in line of duty shall not, within the

meaning of this section, be construed to hold or to have held an office durintr such retirement. (July 31, 1894, ch. 174, sec. 2, 28 Stat. 205;

May 31, 1924, ch. 214, 43 Stat. 245.)

66. Receiving salary from source other than United States.—No

Government official or employee shall receive any salary in connection with his services as such an official or employee from any source other than the Government of the United States, except as may be

contributed out of the treasury of any State, county, or municipality,

and no person, association, or corporation shall make any contribution to, or in any way supplement the salary of, any Govermnent

official or employee for the services performed by him for the Government of the United States. Any person violating any of the

terms of this section shall be deemed guilty of a misdemeanor, and

upon conviction thereof shall be punished by a fine of not less than

$1,000 or imprisonment for not less than six months, or by both such

fine and imprisonment as the court may determine. (Mar. 3, 1917,

ch. 163, sec. 1, 39 Stat. 1106.)

69. Extra services.—No allowance or compensation shall be made

to any officer or clerk, by reason of the discharge of duties which

871
T. 5, § 70] GENERAL LAWS

belong to any other officer or clerk in the same or any other department; and no allowance or compensation shall be made for any

extra services whatever, which any officer or clerk may be required

to perform, unless expressly authorized by law. (R.S. sec. 1764.)

70. Extra allowances.—No officer in any branch of the public

service, or any other person whose salary, pay, or emoluments are

fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other ,service or duty whatever,

unless the same is authorized by law, and the appropriation therefor

explicitly states that it is for such additional pay, extra allowance,

or compensation. (R.S. sec. 1TG5.)

71. Extra compensation or perquisites.—No civil officer of the

Government shall receive any compensation or perquisites, directly or indirectly, from the Treasury or property of the United States beyond his salary or compensation allowed by law. This section

shall not be construed to prevent the employment and payment by

the Department of Justice of district attorneys as allowed by law

for the performance of services not covered by their salaries or fees. (June 20, 1874, ch. 328, sec. 3, 18 Stat. 109.)

72. Additional compensation to persons employed under geneml

or lump-sum appropriation.—It shall not be lawful to pay to any

person, employed in the service of the United States under any general or lump-sum appropriation, any sum additional to the regular

compensation received for or attached to any employment held prior

to an appointment or designation as acting for or instead of an oc- cupant of any other office or employment. This section shall not be

construed as prohibiting regular and permanent appointments by

promotion from low^er to higher grades of employments. (Aug. 1, 1914, ch. 223, sec. 12, 38 Stat. 680.)

73. Actual traveling expenses only allowed.—Except as otherwise

provided by law, only actual traveling expenses shall be allowed to any j^erson holding employment or appointment under the United

States, except marshals, district attorneys, and clerks of the courts of the United States and their deputies. All allowances for mileages

and transportation in excess of the amount actually paid, except as above excepted, are declared illegal ; and no credit shall be allowed

to any of the disbursing officers of the United States for payment or allowances in violation of this section. (Mar. 3, 1875, ch. 133, sec. 1, 18 Stat. 452; June 30, 1876, ch. 159, 19 Stat. 65; June 10, 1922, ch. 212, sec. 12, 42 Stat. 631.)

73a. Travel expenses of officers and employees; transportation in

own motor cycles or automobiles; payments on mileage basis in

lieu of actual expenses.—A civilian officer or employee engaged in

necessar}'' travel on official business away from his designated post

of duty may be paid, in lieu of actual expenses of transportation,

under regulations to be prescribed by the President, not to exceed 2

cents per mile for the use of his own motor cycle or 5 cents per mile

for the use of his own automobile for such transportation, whenever

Buch mode of travel has been previously authorized and payment on

872
GENERAL LAWS [T. 5, § 83

such mileage basis is more economical and advantaoeous to the

United States. (Feb. 14, 1931, ch. 165, 46 Stat. 1103; Mar. 3, 1933,

ch. 212, Title II, sec. 9, 47 Stat. 1516.)

73b. Traveling expenses limited to lowest first-class rate.—

Whenever by or under authority of law actual expenses for travel

may be allowed to officers or employees of the United States, such

allowances, in the case of travel ordered after March 3, 1933, shall not exceed the lowest first-class rate by the transportation facility

used in such travel. (Mar. 3, 1933, ch. 212, Title II, sec. 10, 47 Stat. 1516.)

74. Expenses for subsistence; traveling on duty.

Note.—See sections 821 et seq., of this title. 75. Same; engaged in field work or traveling on ofiicial business.

Note.—See sections 821 et seq., of this title. 78. Restrictions on payments for purchase or operation of passenger-cariying vehicles.—No appropriation made in any Act shall be available for the purchase of any motor-propelled or horse-drawn

passenger-carrying vehicle for the service of any of the executive

departments, or other Government establishments, or any branch of

the Government service, unless specific authority is given therefor.

There shall not be expended out of any appropriation made by Congress any sum for purchase, maintenance, repair, or operation of

motor-propelled or horse-drawn passenger-carrying vehicles for any

branch of the public service of the United States unless the same is specifically authorized by law. In the estimates for each fiscal year

there shall be submitted in detail estimates for such necessary appropriations as are intended to be used for purchase, maintenance,

repair, or operation of all motor-propelled or horse-drawn passenger-carrying vehicles, specifying the sums required, the public purposes for which said vehicles are intended, and the officials or employees by whom the same are to be used. (July 16, 1914, ch. 141^

sec. 5, 38 Stat. 508.)

82. Officers in arrears.—No money shall be paid to any person for

his compensation who is in arrears to the United States, until he has

accounted for and paid into the Treasury all sums for which he may

be liable. In all cases where the pay or salary of any person is withheld in pursuance of this section, the General Accounting Office, if required to do so by the party, his agent or attorney, shall report

forthwith to the Solicitor of the Treasury the balance due; and the

solicitor shall, within sixty days thereafter, order suit to be com- menced against such delinquent and his sureties. (R.S. sec. 1766;

June 10, 1921, ch. 18, 42 Stat. 23.)

83. Restrictions on paying fees or dues in societies.—No money

appropriated by any Act shall be expended for membership fees or dues of any officer or employee of the United States or of the District of Columbia in any society or association or for expenses of

attendance of any person at any meeting or convention of members

of any society or association, unless such fees, dues, or expenses are

93083—34 56 873
T. 5, § 84] GENERAL LAWS

authorized to be paid by specific appropriations for such purposes

or are provided for in express terms in some general appropriation.

This section shall not be so construed as to prohibit the payment

from the appropriations for the Department of Agriculture of ex- penses incidental to the delivery of lectures, the giving of instruction, or the acquiring of information at meetings by its employees on subjects relating to the work of the department authorized by law.

(June 26, 1912, ch. 182, sec. 8, 37 Stat. 184; Mar. 4, 1913, ch. 145, 37

Stat. 854.)

84. Annual or monthly compensation.—Where the compensation

of any person in the service of the United States is annual or monthly the following rules for division of time and computation

of pay for services rendered are established : Annual compensation

shall be divided into twelve equal installments, one of which shall

be the pay for each calendar month; and in making payments for

a fractional part of a month one-thirtieth of one of such install- ments, or of a monthly compensation, shall be the daily rate of pay.

For the purpose of computing such compensation and for computing time for services rendered during a fractional part of a month

in connection with annual or monthly compensation, each and every

month shall be held to consist of thirty days, without regard to the

actual number of days in any calendar month, thus excluding the

31st of any calendar month from the computation and treating February as if it actually had thirty days. Any person entering the

service of the United States during a tliirty-one day month and

serving until the end thereof shall be entitled to pay for that month

from the date of entry to the 30th day of said month, both days

inclusive; and any person entering said service during the month

of February and serving until the end thereof shall be entitled to one month's pay, less as many thirtieths thereof as there were days

elapsed prior to date of entry. For one day's unauthorized absence on the 31st day of any calendar month one day's pay shall be forfeited. (June 30, 1906, ch. 3914, sec. 6, 34 Stat. 763.)

108. Copy for annual reports and accompanying documents.

113. Prohibition of contribution or presents to superiors.—No

ojSicer, clerk, or employee in the United States Government employ

shall at any time solicit contributions from other officers, clerks, or employees in the Government service for a gift or present to those

in a superior official position ; nor shall any such officials or clerical

superiors receive any gift or present offered or presented to them as

a contribution from persons in Government employ receiving a less salary than themselves; nor shall any officer or clerk make any donation as a gift or present to any official superior. Every person who

violates this section shall be summarily discharged from the Government employ. (R.S. sec. 1784.)

CHAPTER 12.—CIVIL SERVICE COMMISSION AND CLASSIFIED CIVIL

SERVICE

Note.—Sections 631 to 652 of titlo 5 are comprised within the chapter relat- ing to the classified civil service.

874
GENERAL LAWS tT. 5, § 678 CHAPTER 13.—CLASSIFICATION OF CIVILIAN POSITIONS

Note.—Sections 661 to 673b of title 5 relate to the classification of civilian

liositions. With reference to the adjustment of the rates of compensation of

civilian employees in certain of the field services, see sections 677 and 678 of

title 5, hereinafter shown.

Section 677. Salaries of persons in the field service; payment.—

Those civilian positions in the field services under the several executive departments and independent establishments, the compensation

of which was fixed or limited by law but adjusted for the fiscal year

1925 under the authority and appropriations contained in the Act

entitled "An Act making additional appropriations for the fiscal year ending June 30, 1925, to enable the heads of the several executive departments and independent establishments to adjust the rates of compensation of civilian employees in certain of the field services ", approved December 6, 1924 (43 Stat. 704), may be paid under the

applicable appropriations for the fiscal year 1929 and thereafter at

rates not in excess of those permitted for them under the provisions

of such Act of December 6, 1924. (Mar. 5, 1928, ch. 126, sec. 2, 45

Stat. 193.)

Note.—Sections G77 and 678 are affected by the provisions of section 2 of Act July 3, 1930 (46 Stat. 1005), which reads as follows:

" The heads of the several executive departments and independent estab- lishments are authorized and directed to adjust the compensation of certain

civilian positions in the field services, the comi^ensation of which was adjusted

by the Act of December 6, 1921 (43 Stat. 704), to correspond, so far as may

be practicable, to the rates established by the Act of May 28, 1928 (U.S.C., Supp. 3, title 5, sec. 673), and by this Act for positions in the departmental

services in the District of Columbia: Provided, That the terms of this Act

shall apply to employees carried under Group 4-B, including drafting groups,

in the Schedule of Wages for Civil Employees under the Naval Establishment,

notwithstanding the fact that the compensation of such employees was not adjusted by the Act of December 6, 1924 (43 Stat. 704), or the Act of May 28, 1928 (U.S.C, Supp. 3, title 5, sec. 673)."

678. Same; adjustment by heads of executive departments and

independent establishments.—The heads of the several executive departments and independent establishments are authorized to adjust

the compensation of certain civilian positions in the field services,

the compensation of which was adjusted by the Act of December

6, 1924, to correspond, so far as may be practicable, to the rate-s established by section 673 of this title for positions in the departmental services in the District of Columbia. (May 28, 1928, ch. 814, sec. 3, 45 Stat. 785.)

CHAPTER 14.—EETIREMBNT OF CIVIL SERVICE EMPLOYEES

Note.—Sections 691a to 708a of title 5, comprise the Civil Service Retirement

Act, as amended. See Canal Zone Code, title 2, section 107, which renders the

Civil Service Retirement Act inapplicable, after July 1, 1931, to employees of the Panama Canal on the Isthmus of Panama and other employees coming

within the provisions of the Canal Zone Retirement Act, but authorizes re- tirement under the former Act by employees of the Panama Canal who attain retirement age without having rendered sufficient service on the Isthmus

to entitle them to be retired under the Canal Zone Retirement Act.

875
T. 5, § 751] GENERAL LAWS

CHAPTER 15.—COMPENSATION FOR INJURIES TO EMPLOYEES OP

UNITED STATES

Section 751. Disability or death of employee; wiUful misconduct.—The United States shall pay compensation as hereinafter

specified for the disability or death of an employee resulting from

a personal injury sustained while in the performance of his duty, but no compensation shall be paid if the injury or death is caused by

the willful misconduct of the employee or by the employee's intention

to bring about the injury or death of himself or of another, or if intoxication of the injured employee is the proximate cause of the

injury or death. (Sept. 7, 1916, ch. 458, sec. 1, 39 Stat. 742.)

Cboss-Reference

Application and administration of chapter in respect to Canal and Railroad

employees, see sections 790 to 793 of tliis title ; see also Canal Zone Code,

title 2, sections 121 to 123. Section 752. Time of accrual of right.—During the first three days

of disability the employee shall not be entitled to compensation

except as provided in section 759 of this title. No compensation

shall at any time be paid for such period. (Sept. 7, 1916, ch. 458,

sec. 2, 39 Stat. 743.)

753. Total disability.—If the disability is total the United States

shall pay to the disabled employee during such disability a monthly

compensation equal to 66% per centum of his monthly pay, except

as hereinafter provided. (Sept. 7, 1916, ch. 458, sec. 3, 39 Stat. 743.)

754. Partial disability; affidavit.—If the disability is partial the

United States shall pay to the disabled employee during such dis- ability a monthly compensation equal to 66% per centum of the

difference between his monthly pay and his monthly wage-earning

capacity after the beginning of such partial disability. The commission may, from time to time, require a partially disabled employee to make an affidavit as to the wages which he is then receiving. In such affidavit the employee shall include a statement of the

value of housing, board, lodging, and other advantages w^hich are received from the employer as a part of his remuneration and

which can be estimated in money. If the employee, when required,

fails to make such affidavit, he shall not be entitled to any compensation while such failure continues, and the period of such failure

shall be deducted from the period during which compensation is payable to him. (Sept. 7, 1916, ch. 458, sec. 4. 39 Stat. 743.)

755. Same; employee to seek other employment.—If a partially

disabled employee refuses to seek suitable work or refuses or neglects

to work after suitable work is offered to, procured by, or secured for

him, he shall not be entitled to any compensation. (Sept. 7, 1916,

ch. 458, sec. 5, 39 Stat. 743.)

756. Monthly compensation for total and for partial disability;

increase on basis of expectancy of productive capacity; decrease on account of age.—The monthly compensation for total disability

shall not be more than $116.66, nor less than $58.33, unless the em876
(GENERAL LAWS [T. 5, § 759

ployee's monthly pay is less than $58.33, in which case his monthly

compensation shall be the full amount of his monthly pay. The

monthly compensation for partial disability shall not be more than

$116.66. In the case of i^ersons who at the time of the injury were

minors or employed in a learner's capacity and who were not physically or mentally defective, the commission shall, on any review

after the time when the monthly wage-earning capacity of such

persons would probably, but for the injury, have increased, award

compensation based on such probable monthly wage-earning capacity. The commission may, on any review after the time when the

monthly wage-earning capacity of the disabled employee would

probably, irrespective of the injury, have decreased on account of

old age, award compensation based on such probable monthly wageearning capacity. (Sept. 7, 1916, ch. 458, sec. 6, 39 Stat. 743; Feb.

12, 1927, ch. 110, sec. 1, 44 Stat. 1086.)

757. Person receiving not to be paid for other sei-vices; pensions.—As long as the employee is in receipt of compensation under

this chapter, or, if he has been paid a lump sum m commutation

of installment payments, until the expiration of the period during

which such installment payments would have continued, he shall not

receive from the United States any salary, pay, or remuneration

whatsoever except in return for services actually performed, and

except pensions for service in the Army or Navy of the United

States. (Sept. 7, 1916, ch. 458, sec. 7, 39 Stat. 743.)

758. Employee having annual or sick leave to his credit.—If at the time the disability begins the employee has annual or sick leave

to his credit he may, suljject to the approval of the head of the department, use such leave until it is exhausted, in which case his compensation shall begin on the fourth day of disability after the annual

or sick leave has ceased. (Sept. 7, 1916, ch. 458, sec. 8, 39 Stat. 743.)

759. Medical, surgical, and hospital service; transportation expenses.—For any injury sustained by an employee while in the per- formance of duty, whether or not disability has arisen, the United

States shall furnish to the employee all services, appliances, and

supplies prescribed or recommended by duly qualified physicians

which, in the opinion of the commission, are likely to cure or to give

relief or to reduce the degree or the period of disability or to aid

in lessening the amount of the monthly compensation. Such services, appliances, and supplies shall be furnished by or upon the order

of United States medical officers and hospitals, but where this is not

practicable they shall be furnished by or upon the order of private

physicians and hospitals designated or approved by the commission.

For the securing of such services, appliances, and supplies, the employee may be furnished transportation, and may be paid all expenses

incident to the securing of such services, appliances, and supplies,

which, in the opinion of the commission, are necessary and reasonable. All such expenses when authorized or approved by the commission shall be paid from the employees' compensation fund. Any

award heretofore made by the commission on account of expenses

incurred under this section prior to June 26, 1926, shall be valid, if such award would be valid if made on account of expenses incurred

877
T. 5, § 760] GENERAL LAWS

under this section after June 26, 1926. (Sept. 7, 1916, ch. 458, sec. 9, 39 Stat. 743; June 26, 1926, ch. 695, sec. 1, 44 Stat. 772.)

760. Compensation to heirs in case of death.—If death results from the injury within six years the United States shall pay to the

following persons for the following periods a monthly compensation

equal to the following percentages of the deceased employee's monthly

pay, subject to the modification that no compensation shall be paid

where the death takes place more than one year after the cessation

of disability resulting from such injury, or, if there has been no

disability preceding death, more than one year after the injury

(A) To the widow, if there is no child, 35 per centum. This compensation shall be paid until her death or marriage.

(B) To the widower, if there is no child, 35 per centum if wholly

dependent for support upon the deceased employee at the time of her

death. This compensation shall be paid until his death or marriage.

(C) To the widow or widower, if there is a child, the compensation payable under clause (A) or clause (B) and in addition thereto

10 per centum for each child, not to exceed a total of 66% per centum

for such a widow or widower and children. If a child has a guardian

other than the surviving widow or widower, the compensation payable on account of such child shall be paid to such guardian. The

compensation payable on account of any child shall cease when he

dies, marries, or reaches the age of eighteen, or, if over eighteen, and

incapable of self-support, becomes capable of self-support.

(D) To the children, if there is no widow or widower, 25 per

centum for one child and 10 per centum additional for each additional child, not to exceed a total of 66% per centum, divided among

such children share and share alike. The compensation of each child

shall be paid until he dies, marries, or reaches the age of eighteen, or,

if over eighteen and incapable of self-support, becomes capable of

self-support. The compensation of a child under legal age shall be

paid to its guardian.

(E) To the parents, if one is Avholly dependent for support upon

the deceased employee at the time of his death and the other is not

dependent to any extent, 25 per centum; if both are wholly dependent, 20 per centum to each; if one is or both are partly dependent,

a proportionate amount in the discretion of the commission.

The above percentages shall be paid if there is no widow, widower,

or child. If there is a widow, widower, or child, there shall be paid

so much of the above percentages as, when added to the total per- centages payable to the widow, widower, and children, will not exceed

a total of 66% per centum.

(F) To the brothers, sisters, grandparents, and grandchildren, if one is wholly dependent upon the deceased employee for support at the time of his death, 20 per centum to such dependent; if more than

one are wholly dependent, 30 per centum, divided among such dependents share and share alike; if there is no one of them wholly

dependent, but one or more partly dependent, 10 per centum divided

among such dependents share and share alike. The above percentages shall be paid if there is no widow, widower,

child, or dependent parent. If there is a widow, widower, child, or dependent parent, there shall be paid so much of the above percent878
GENERAL LAWS [T. 5, § 761 ages as, when added to the total percentage payable to the widow,

widower, children, and dependent parents, will not exceed a total of

66% per centum.

(G) The compensation of each beneficiary under clauses (E) and

(F) shall be paid for a period of eight years from the time of the

death, unless before that time he, if a parent or grandparent, dies,

marries, or ceases to be dependent, or, if a brother, sister, or grandchild, dies, marries, or reaches the age of eighteen or, if over eighteen

and incapable of self-support, becomes capable of self-support. The

compensation of a brother, sister, or grandchild under legal age shall

be paid to his or her guardian.

(H) As used in this section, the term " child " includes stepchildren, adopted children, and posthumous children, but does not include

married children. The terms " brother " and " sister " include stepbrothers and stepsisters, half brothers and half sisters, and brothers

and sisters by adoption, but do not include married brothers or married sisters. All of the above terms and the term " grandchild " include only persons who at the time of the death of the deceased

employee are under eighteen years of age or over that age and incapable of self-support. The term " parent " includes stepparents and

parents by adoption. The term '' widow " includes only the decedent's wire living with or dependent for support upon him at the

time of his death or living apart for reasonable cause or by reason

of his desertion.

(I) Upon the cessation of compensation under this section to or on account of any person, the compensation of the remaining persons

entitled to compensation for the unexpired part of the period during

which their compensation is payable shall be that which such persons

would have received if they had been the only persons entitled to compensation at the time of the decedent's death.

(J) In case there are two or more classes of persons entitled to compensation under this section and the apportionment of such compensation, above provided, would result in injustice, the commission

may, in its discretion, modify the apportionment to meet the requirements of the case. (K) In computing compensation under this section the monthly

pay shall be considered not to be more than $175 nor less than $87.50,

but the total monthly compensation shall not exceed the monthly pay

computed as provided in section 762. (L) If any person entitled to compensation under this section,

whose compensation by the terms of this section ceases upon his marriage, accepts any payments of compensation after his marriage he

shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. (Sept. 7, 1916, ch. 458, sec. 10, 39 Stat. 744; Feb. 12, 1927,

ch. 110, sees. 2, 3, 44 Stat. 1087.)

761. Payment to personal representative where death results

within six years; transportation of remains; burial expenses.—If

death results from the injury within six years the United States shall

pay to the personal representative of the deceased employee funeral

and burial expenses not to exceed $200, in the discretion of the commission. In the case of an employee whose home is within the United

879
T. 5, §762] GENERAL LAWS

States, if his death occurs away from his home office or outside of the

United States, and if so desired by his relatives, the body shall, in the

discretion of the commission, be embalmed and transported in a hermeticall}' sealed casket to the home of the employee. Such funeral

and burial expenses shall not be paid and such transportation shall not be furnished where the death takes place more than one year after

the cessation of disability resulting from such injury or, if there has

been no disability preceding death, more than one year aft^r the in- jury. (Sept. 7, '1916, ch. 458, sec. 11, 39 Stat. 745; Feb. 12, 1927,

ch. 110, sec. 4, 44 Stat. 1087.)

762. Computation of monthly pay of employee.—In computing the

monthly pay the usual practice of the service in which the employee was employed shall be followed. Subsistence and the value of quarters furnished an employee shall be included as part of the pay, but

overtime pay shall not be taken into account. (Sept. 7, 1916, ch. 458,

sec. 12, 39 Stat. 746.)

763. Wage-earning capacity.—In the determination of the employee's monthly wage-earning capacity after the beginning of partial

disability, the value of housing, board, lodging, and other advantages

which are received from his employer as a part of his remuneration

and which can be estimated in money shall be taken into account.

(Sept. 7, 1916, ch. 458, sec. 13, 39 Stat. 746.)

764. Payment of lump sum ; determination of amount.—In cases of death or of permanent total or permanent partial disability, if the monthly payment to the beneficiary is less than $5 a month, or

if the beneficiary is or is about to become a nonresident of the United

States, or if the commission determines that it is for the best interests

of the beneficiary, the liabilitj^ of the United States for compensation

to such beneficiary may be discharged by the payment of a lump smn equal to the present value of all future payments of compensation computed at 4 per centum true discount compounded annually.

The probability of the beneficiary's death before the expiration of the

period during which he is entitled to compensation shall be determined according to the American Experience Table of Mortality;

but in case of compensation to the widow or widower of the deceased

employee, such lump sum shall not exceed sixty months' compensation. The probability of the happening of any other contingency

affecting the amount or duration of the comjjensation shall bo dis- regarded. (Sept. 7, 1916, ch. 458, sec. 14, 39 Stat. 746.)

765. Notice of injury.—Every employee injured in the performance of his duty, or someone on his behalf, shall, within forty-eight

hours after the injury, give written notice thereof to the immediate

superior of the employee. Such notice shall be given by delivering

it personally or by depositing it properlv stamped and addressed in the mail. (Sept. 7, 1916, ch. 458, sec. 15,' 39 Stat. 746.)

766. Same; requisites.—The notice shall state the name and address of the employee, the year, month, day, and hour when and

the particular locality where the injury occurred, and the cause and

nature of the injury, and shall be signed by and contain the address

880
GENERAL LAWS [T. 5, § 771

of the person giving the notice. (Sept. 7, 1916, ch. 458, sec. 16, 39

Stat. 746.)

767. Same ; failure to give.—Unless notice is given within the time

specified or unless the immediate superior has actual knowledge of

the injury, no compensation shall be allowed, but for any reasonable cause shown, the commission may allow compensation if the notice

is filed within one year after the injury. (Sept. 7, 1916, ch. 458,

sec. 17, 39 Stat. 746.)

768. Written claim.—No compensation under this chapter shall be

allowed to any person, except as provided in section 788 of this title, unless he or some one on his behalf shall, within the time specified in section 770 of this title, make a written claim therefor. Such claim

shall be made by delivering it at the office of the commission or to any commissioner or to any person whom the commission may by

regulation designate, or by depositing it in the mail properly

stamped and addressed to the commission or to any person whom the

commission may by regulation designate. (Sept. (, 1916, ch. 458,

sec. 18, 39 Stat. 746.)

769. Same; form and requisites; waiver.—Every claim shall be

made on forms to be furnished by the commission and shall contain

all the information required by the commission. Each claim shall

be sworn to by the person entitled to compensation or by the person

acting on his behalf, and, except in case of death, shall be accompanied by a certificate of the employee's physician stating the nature

of the injury and the nature and probable extent of the disability.

For any reasonable cause shown the commission mav waive the provisions of this section. (Sept. 7, 1916, ch. 458, sec. 19, 39 Stat. 746.)

770. Time for making claims.—All original claims for compensation for disability shall be made within sixty days after the injury.

All original claims for conipensation for death shall be made within one year after the death. For any reasonable cause ghown the commission may allow original claims for compensation for disability

to be made at any time within one year. (Sept. 7, 1916, ch. 458,

sec. 20, 39 Stat. 747; June 13, 1922, ch. 219, 42 Stat. 650.)

771. Physical examinations; refusal to submit to.—After the

injury the employee shall, as frequently and at such times and places

as may be reasonably required, submit himself to examination by a medical officer of the United States or by a duly qualified physician

designated or approved by the commission. The employee may have

a duly qualified physician designated and paid by him present to participate in such examination. If the employee refuses to submit

himself for or in any way obstructs any examination, his right to claim compensation under this chapter shall be suspended until such

refusal or obstruction ceases. No compensation shall be payable

while such refusal or obstruction continues, and the period of such

refusal or obstruction shall be deducted from the period for which

compensation is payable to him.

For any examination required by the commission the employee

shall be paid all expenses incident to such examination which, in

881
T. 5, § 772] GENERAL LAWS

the opinion of the commission, are necegsary and reasonable, including transportation and loss of wages incurred in order to submit

to examination. All such expenses when authorized or approved by

the commission shall be paid from the employees' compensation fund.

(Sept. 7, 1916, ch. 458. sec. 21, 39 Stat. 747; June 26, 1926, ch. 695,

sec. 2,44 Stat. 772.)

772. Same; disagreement between physicians.—>In case of any

disagreement between the physician making an examination on the

part of the United States and the emploj'ee's phj^sician the commission shall appoint a third physician, duly qualified, who shall make

an examination. (Sept. 7, 1916, ch. 458, sec. 22, 39 Stat. 747.) 773. Same; physicians* fees.—Fees for examinations made on the

part of the United States under sections 771 and 772 of this title by

physicians who are not already in the service of the United States

shall be fixed by the commission. Such fees, and any sum payable to the employee under section 771, when authorized or approved by the

commission, shall be paid from the employees' compensation fund.

(Sept. 7, 1916, ch. 458, sec. 23, 39 Stat. 747; June 26, 1926, ch. 695.

sec. 3, 44 Stat. 772.)

774. Report to commission as to injury.—Immediately after ai» injury to an employee resulting in his death or in his probable disability, his immediate superior shall make a report to the commission

containing such information as the commission may require, and

shall thereafter make such supplementary reports as the commission may require. (Sept. 7, 1916, ch. 458, sec. 24, 39 Stat. 747.)

775. Assignment of claim for compensation.—Any assignment

of a claim for compensation under this chapter shall be void and all compensation and claims therefor shall be exempt from all claims of

creditors. (Sept. 7, 1916, ch. 458, sec. 25, 39 Stat. 747.)

776. Subrogation of United States to employee's right of action ; assignment by employee ; disposition of moneys collected from per- son liable.—If an injury or death for which compensation is payable

under this chapter is caused under circumstances creating a legal

liability upon some person other than the United States to pay damages therefor, the commission may require the beneficiary to assign

to the United States any right of action he may have to enforce such

liability of such other person or any right which he may have to share in any money or other property received in satisfaction of

such liability of such other person, or the commission may require

said beneficiary to prosecute said action in his own name.

If the beneficiary shall refuse to make such assignment or to prosecute said action in his own name when required by the commission, he shall not be entitled to any compensation under this

chapter.

The cause of action when assigned to the United States may be

prosecuted or compromised by the commission, and if the commission realizes upon such cause of action, it shall apply the money or other property so received in the following manner : After deducting

the amount of any compensation already paid to the beneficiary

and the expense of such realization or collection, which sum shall be

882
GENERAL LAW8 [T. 5, § 779 placed to the credit of the employees' compensation fund, the surplus, if anj'^, shall be paid to the beneficiary and credited upon any

future payments of compensation payable to him on account of the same injury. (Sept. 7, 1916, ch. 458^ sec. 26, 39 Stat. 747.)

777. Adjustment in case of receipt by employee of money or property in satisfaction of liability of third person.—If an injury

or death for which compensation is payable under this chapter is caused under circumstances creating a legal liability in some per- son other than the United States to pay damages therefor, and a

beneficiary entitled to compensation from the United States for

such injury or death receives, as a result of a suit brought by him

or on his behalf, or as a result of a settlement made by him or on his

behalf, any money or other property in satisfaction of the liability

of such other person, such beneficiary shall, after deducting the costs of suit and a reasonable attorney's fee, apply the money or other

property so received in the following manner:

(A) If his compensation has been paid in whole or in part, he

shall refund to the United States the amount of compensation which

has been paid by the United States and credit any surplus upon

future payments of compensation payable to him on account of the same injury. Any amount so refunded to the United States shall be placed to the credit of the employees' compensation fund.

(B) If no compensation has been paid to him by the United States,

he shall credit the money or other property so received upon any

compensation payable to him by the United States on account of

the same injury. (Sept. 7, 1916, ch. 458, sec. 27, 39 Stat. 747.)

778. United States Employees' Compensation Commission.—The

United States Employees' Compensation Commission shall be composed of three commissioners appointed by the President, by and

with the advice and consent of the Senate, one of whom shall be

designated by the President as chairman. No commissioner shall

hold anjT^ other office or position under the United States. No more

than two of said commissioners shall be members of the same political

party. One of said commissioners shall be appointed for a term of

two years, one for a term of four years, and one for a term of six years, and at the expiration of each of said terms, the commissioner

then appointed shall be appointed for a period of six years. The

principal office of said commission shall be in Washington, District

of Columbia, but the said commission is authorized to perform its work at any place deemed necessary by said commission, subject to the restrictions and limitations of this chapter. (Sept. 7, 1916, ch. 458, sec. 28, 39 Stat. 748.)

779. Same ; other official bodies discontinued ; reports from other

departments to ; transfer of clerks and employees.—Upon the organization of said commission and notification to the heads of all executive departments that the commission is ready to take up the

work devolved upon it by this chapter, all commissions and independent bureaus, by or in which payments for compensation were

provided, on September 7, 1916, together with the adjustment and

settlement of such claims, shall cease and determine, and such executive departments, commissions, and independent bureaus shall trans883
T. 5, § 780] GENERAL LAWS

fer all pending claims to said commission to be administered by it. The said commission may obtain, in all cases, in addition to the

reports provided in section 774 of this title, such information and

such reports from employees of the departments as may be agreed

upon by the commission and the heads of the respective departments.

All clerks and employees on September 7, 1916, exclusively engaged

in carrying on said work in the various executive departments, commissions, and independent bureaus, are transferred to, and become

employees of, the commission at their present grades and salaries. (Sept. 7, 1916, ch. 458, sec. 28a, 39 Stat. 748.)

780. Same; subpoenas for witnesses.—The commission, or any

commissioner b}' authority of the commission, shall haye power to

issue subpoenas for and compel the attendance of witnesses within

a radius of one hundred miles, to require the production of boolcs,

papers, documents, and other evidence, to administer oaths, and to examine witnesses, upon any matter within the jurisdiction of the

commission. (Sept. 7, 1916, ch. 458, sec. 29, 39 Stat. 748.)

781. Same; assistants, clerks, and other employees; civil service.—Assistants, clerks, and other employees of the commission shall be appointed from lists of eligibles to be supplied by the Civil Service

Commission, and in accordance with the civil service law. (Sept. 7, 1916, ch. 458, sec. 30, 39 Stat. 748.)

782. Same; estimates of appropriations.—The commission shall

submit annually to the Secretary of the Treasury estimates of the

appropriations necessary for the work of the commission. (Sept.

7, 1916, ch. 458, sec. 31, 39 Stat. 749.)

783. Same ; rules and regulations.—The commission is authorized

to make necessary rules and regulations for the enforcement of this

chapter, and shall decide all questions arising under this chapter.

(Sept. 7, 1916, ch. 458, sec. 32, 39 Stat. 749.)

784. Same; reports.—The commission shall make to Congress at the beginning of each regular session a report of its work for the

preceding fiscal year, including a detailed statement of appropriations and expenditures, a detailed statement showing receipts of and

expenditures from the employees' compensation fund, and its recom- mendations for legislation. (Sept. 7, 1916, ch. 458, sec. 33. 39 Stat. 749.)

785. Employees* compensation fund.—There is authorized to be

appropriated, from any money in the Treasury not otherwise appropriated, the sum of $500,000, to be set aside as a separate fund

in the Treasury, to be known as the employees' compensation fund.

To this fund there shall be added such sums as Congress may from

time to time appropriate for the purpose. Such fund, including all additions that may be made to it, is authorized to be permanently

appropriated for the payment of the compensation provided by this

chapter, including the medical, surgical, and hos])ital services and

supplies provided by section 759 of this title, and the transportation

and burial expenses provided by sections 759 and 761 of this title. The commission shall submit annually to the Secretary of the Treas884
GENERAL LAWS [T. 5, § 790 ury estimates of the appropriations necessary for the maintenance of

the fund. (Sept. 7, 11)16, ch. 458, sec. 35, 39 Stat. 749.)

786. Findings and award by commission; payment of compensation.—The commission, upon consideration of the claim presented

by the beneficiary, and the report furnished by the immediate

superior and the completion of such investigation as it may deem

necessary, shall determine and make a finding of facts thereon and

make an award for or against payment of the compensation provided for in this chapter. Compensation when awarded shall be paid

from the employees' compensation fund. (Sept. 7, 1916, ch. 458, sec. 36, 39 Stat. 749.") 787. Same; review.—If the original claim for compensation has

been made within the time specified in section 770 of this title, the

commission may, at any time, on its own motion or on application,

review the award, and, in accordance with the facts found on such

review, may end, diminish, or increase the compensation previously

awarded, or, if compensation has been refused or discontinued, award

compensation. In the absence of fraud or mistake in mathematical

calculation, the finding of facts in, and the decision of the commission upon, the merits of any claim presented under or authorized

by this chapter if supported by competent evidence shall not be

subject to review by any other administrative or accounting officer,

employee, or agent of the United States. Any award made by the

Compensation Commission for disability or death resulting from a personal injury sustained prior to June 5, 1924, shall be valid, if such award would be valid if made in respect to an injury sustained

thereafter. (Sept. 7, 1916, ch. 458, sec. 37, 39 Stat. 749; June 5, 1924, ch. 261, sec. 1, 43 Stat. 389.)

788. Same ; cancellation ; recovery of compensation paid.—If any

compensation is paid under a mistake of law or of fact, the commission shall immediately cancel any award under which such

compensation has been paid and shall recover, as far as practicable,

any amount which has been so paid. Any amount so recovered shall

be placed to the credit of the employees' compensation fund. (Sept.

7, 1916, ch. 458, sec. 38, 39 Stat. 749.)

789. Penalty for perjury.—^Whoever makes, in any affidavit re- quired under section 754 of this title or in any claim for compensation, any statement, knowing it to be false, shall be guilty of perjury

and shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or by both such fine and

imprisonment. (Sept. 7, 1916, ch. 458, sec. 39, 39 Stat. 749.)

790. Terms defined.—Wherever used in this chapter

The singular includes the plural and the masculine includes the

feminine.

The term " employee " includes all civil employees of the United

States and of the Panama Railroad Company,

The term " commission " shall be taken to refer to the United

States Employees' Compensation Commission provided for in sec- tion 778 of this title. The term " physician " includes surgeons.

885
T. 5, § 791] GENERAL LAWS

The term " montlily pay " shall be taken to refer to the monthly

pay at the time of the injury.

The term "injury" includes, in addition to injury by accident,

any disease proximately caused by the employment.

The term " compensation " includes the money allowance payable to an employee or his dependents and any other benefits paid

for out of the compensation fund: Provided^ however^ That this

shall not in any way reduce the amount of the monthly compensation payable in case of disability or death. (Sept. 7, 1916, ch. 458,

sec. 40, 39 Stat. 750; June 5, 1924, ch. 261, sec. 2, 43 Stat. 389.)

791. Injuries which occurred prior to September 7, 1916; injuries

for which Panama Railroad Company liable.—For injuries which

occurred prior to September 7, 1916, compensation shall be paid

under the law then in force. If an injury or death for which compensation is payable under this chapter is caused under circumstances creating- a legal liability in the Panama Railroad Company

to pay damages therefor under the laws of any State, Territory, or possession of the United States or of the District of Columbia or of any foreign country, no compensation shall be payable until the

person entitled to compensation releases to the Panama Railroad

Company any right of action which he may have to enforce such

liability of the Panama Railroad Company, or until he assigns to the United States any right which he may have to share in any

money or other property received in satisfaction of such liability

of the Panama Railroad Company. (Sept. 7, 1916, ch. 458, sec. 41,

39 Stat. 750.)

Note.—Sections 792, 794 and 795 of this title are not shown since they

relate, respectively, to employees of the Alaska Railroad, the District of Columbia, and the Shipping Board Merchant Fleet Coi-poration.

793. Transfer of administration of chapter to other bodies ; regulations as to payment ; employees of Panama Canal and of Alaskan

Engineering- Commission.—The President may, from time to time,

transfer the administration of this chapter so far as employees of

the Panama Canal and of the Panama Railroad Company are con- cerned to the governor of the Panama Canal, and so far as employees of the Alaskan Engineering Commission are concerned to the chairman of that commission, in Avhich cases the words " commission " and " its " wherever they appear in this chapter shall, so far as necessary to give effect to such transfer, be read " governor

of the Panama Canal" or "chairman of the Alaskan Engineering

Commission," as the case may be, and "his"; and the expenses of

medical examinations under section 771 and 772 of this title, and

the reasonable traveling and other expenses and loss of wages payable to employees under section 771, shall be paid out of appropriations for the Panama Canal or for the Alaskan Engineering Commission or out of funds of the Panama Railroad, as the case may be,

instead of out of the appropriation for the work of the commission.

In the case of compensation to emjiloyees of the Panama Canal or of the Panama Railroad Company for tem})orary disability, either

total or partial, the President may authorize the governor of the

Panama Canal to waive, at his discretion, the making of the claim

8SC
GENERAL LAWS [T. 5, § 823

required by section 768. In the case of alien employees of the Panama Canal or of the Panama Railroad Company, or of any class or

classes of them, the President may remove or modify the minimum

limit established by section 756 of this title on the monthly compensation for disability and the minimum Ihnit established by clause

(K) of section 760 of this title on the monthly pay on which death

compensation is to be computed. The President may authorize the

governor of the Panama Canal and the chairman of the Alaskan

Engineerino- Commission to pay the compensation provided by this

chapter, including the medical', surgical, and hospital services and

supplies provided by section 759 of this title and the transportation

and burial expenses provided by sections 759 and 761 of this title, out

of the appropriations for the Panama Canal and for the Alaskan

Engineering Commission, such appropriations to be reimbursed for

such payments by the transfer of funds from the employees' compensation fund. (Sept. 7, 1916, ch. 458, sec. 42, 39 Stat. 750.)

Cross-Referbnce

See, also, Canal Zone Code, title 2, sections 121 to 123. CHAPTER 16.—SUBSISTENCE EXPENSE ACT OF 1926

Section 821. Citation.—Sections 821 to 833 of this title may be

cited as the '^ Subsistence Expense Act of 1926." (June 3, 1926, ch. 457, sec. 1, 44 Stat. 688.)

^OTEi —The following sections of chapter 16, are not shown : Sections 824 to

826, which were repealed in 1932 ; and sections 830 to 833, which relate, respectively, to travel allowances of the President, travel allowances of postal clerks, appropriations for 1927, and the effective date of the Act. This chapter is affected by section 73a of title 5, hereinbefore shown.

822. Definitions.—When used in sections 821 to 833 of this title—

The term "departments and establishments" means any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including the

municipal government of the District of Columbia.

The term " subsistence " means lodging, meals, and other neces- sary expenses incidental to the personal sustenance or comfort of the

traveler. The term "actual expenses" means the actual amounts necessarily

expended by the traveler for subsistence and itemized in accounts

for reimbursement.

The term " per diem allowance " means a daily flat rate of payment

in lieu of actual expenses. (June 3, 1926, ch. 457, sec. 2, 44 Stat.

689.)

823. Officers and employees away on official business; allowance

of actual necessary expenses.—Civilian officers and employees of the

departments and establishments, while traveling on official business

and away from their designated posts of duty, shall be allowed, in lieu

of their actual expenses for subsistence and all fees or tips to porters

and stewards, a per diem allowance to be prescribed by the head of

the department or establishment concerned, not to exceed the rate of $5 within the limits of continental United States, and not to ex887
T. 5, § 823a] GENERAL LAWS

ceed an average of $6 beyond the limits of continental United States. (June 3, 1926, ch. 457, sec. 3, 44 Stat. 689; June 30, 1932, ch. 314,

sec. 207, 47 Stat. 405.)

CrOSS-REFERExN CEI Transportation of Government officials on ships registered under the laws of the United States, see title 46, section 891r. 823a. Transportation of effects ; automobiles.—After July 1, 1932, no law or regulation authorizing or permitting the transportation

at Government expense of the effects of officers, employees, or other

persons, shall be construed or applied as including or authorizing

the transportation of an automobile : Provided^ That not more than

$5,000 in any fiscal year may be expended for such purposes by the

War Department, and not more than $5,000 in any fiscal year by the

Navy Department. (June 30, 1932, ch. 314, sec. 209, 47 Stat. 405.)

827. Regulations governing expenses or per diem; standardization.—The fixing and payment, under section 823 of this title, of per

diem allowance, or portions thereof, shall be in accordance with

regulations which shall be promulgated b}^ the heads of departments

and establishments and which shall be standardized as far as practicable and shall not be effective until approved by the President of

the United States. (June 3, 1926, ch. 457, sec. 7, 44 Stat. 689 ; June

30, 1932, ch. 314, sec. 208, 47 Stat. 405.)

828. Advancements and deduction thereof.—The heads of departments and establishments, under regulations which shall be pre- scribed by the Secretary of the Treasury for the protection of the

United States, may advance through the proper disbursing officers from applicable appropriations to any person entitled to actual ex- penses or per diem allowance under sections 821 to 833 of this title such sums as may be deemed advisable considering the character and

probable duration of the travel to be performed. Any sums so advanced shall be recovered from the person to whom advanced, or his

estate, by deduction from any amount due from the United States or by such other legal method of recovery as may be necessary. (June 3, 1926, ch. 457, sec. 8, 44 Stat. 689.)

829. Repeal of inconsistent laws; exceptions.—All laws or parts

of laws which are inconsistent with or in conflict with the provisions

of sections 821 to 833 of this title except such laws or parts of law as specially fix or now permit rates higher than the maximum rat«s established in said sections are hereby repealed or modified only to the extent of such inconsistency or conflict. (June 3, 1926, ch. 457,

sec. 9, 44 Stat. 689.)

UNITED STATES CODE, TITLE 6 OFFICIAL AND PENAL BONDS

Note.—For provisions respecting ofiicial bonds, see title 6, sections 2 et seq.

888
GENERAL LAWS [T. 8, § 173 UNITED STATES CODE, TITLE 7 AGRICULTURE

Section 116. Misbranded seed; transportation in interstate commerce.

Note—Interstate commerce as used in section 116 includes "commerce be- tween any State. Territory, or possession, or the District of Columbia, and any

other State, Territory, or possession, or the District of Columbia ; or between

points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory or

possession, or the District of Columbia."

UNITED STATES CODE, TITLE 8 ALIENS AND CITIZENSHIP CHAPTER 1.—CITIZENSHIP

Section 5b. Citizenship of natives of Virgin Islands residing in

Canal Zone.—The following persons and their children born subsequent to January 17, 1917, are hereby declared to be citizens of the

United

******* States;:

(d) All natives of the Virgin Islands of the United States who

are, on June 28, 1932, residing in continental United States, the Virgin Islands of the United States, Puerto Rico, the Canal Zone, or any

other insular possession or Territory of the United States, who are not citizens or subjects of any foreign country, regardless of their

place of residence on January 17, 1917. (Feb. 25, 1927, ch. 192 sec.

1, 44 Stat. 1234, as amended June 28, 1932, ch. 283, sec. 5, 47 Stat. 336.)

Note.—Act Feb. 25, 1927, cited to the text, was entitled "An Act to confer United States citizenship upon certain inhabitants of the Virgin Islands and

to extend the naturalization laws thereto." CHAPTER 6.—IMMIGRATION

Section 136. Exclusion from United States of certain aliens seeking entry by way of Canal Zone.— (Feb. 5, 1917, ch. 29, sec. 3, 39 Stat. 875; June 5, 1920, ch. 243, 41 Stat. 981.)

Note.—Paragraph (h) of section 136, excluding contract laborers from ad- mission into the United States, contains a proviso which reads as follows: "And provided furtJier, That whenever the President shall be satisfied that passports issued bv any foreign Government to its citizens or subjects to go to any country other' than the United States, or to any insular possession of the United States or to the Canal Zone, are being used for the purpose of enabling

the holder to come to the continental territory of the United States to the detriment of labor conditions therein, the President shall refuse to permit such

citizens or subjects of the country issuing such passports to enter the conti- nental territory of the United States from such other country or from such

insular possession or from the Canal Zone." 173. Term "United States" as excluding Canal Zone; status of

alien leaving Zone and attempting to enter other place under jurisdiction of United States.—The word " alien " wherever used in sec- tions 132, 136, 138, 139, 142 to 156, 158 to 165, 166 (second sentence),

168, 169, 171, 175, 177, and 178 of this title, shall include any person

not a native-born or naturalized citizen of the United States ; but this

03083—34- 889
T. 8, § 204] GENERAL LAWS

definition shall not be held to include citizens of the islands under

the jurisdiction of ihe United States. The term '' United States " shall be construed to mean the United

States, and any waters, territory, or other place subject to ihe jurisdiction thereof, except the Isthmian Canal Zone; but if any alien

shall leave the Canal Zone or any insular possession of the United

Sta es and attempt to enter any other place under the jurisdiction of

the United States, nothing contained in said sections shall be con- strued as jDermittino; him to enter under any other conditions than

those applicable to all aliens.

4: * 1): * * * * (Feb. 5. 1917. ch. 29, sees. 1, 37, 39 Stat. 874, 897; June 2, 1924, ch. 233, 43 S.at. 253.)

Note.—The Act of Feb. 5, 1917, cli. '29. cited to the text, was entitled "An Act

to i-esulafe tlie imiui.Lrr,Mti(m of nliens to. and tlie residence of aliens in, the United States." The Act comprises tlie above section and the sections enu- merated therein. 204. Nonquota immigrant as including- immigrant born in Canal

Zone.—When used in this subchapter the term " nonquota innnigrant " means

(c) An immigrant who was born in the Dominion of Canada,

Newfoundland, the Republic of Mexico, the Republic of Cuba, the

Rejniblic of Haiti, the Dominican Republic, the Canal Zone, or an

independent country of Central or South America, and his wife,

and his unmarried children under eighteen years of age, if accom- panying

******* or following to join him;

(May 26. 1924, ch. 190, sec. 4, 43 Stat. 155.)

NoTK.—The subchapter above referred to relates to quota and nonquota

imniistrants and comprises the Immigration Act of 1924 (sees. 201 to 230 of

title 8). 224. Consular officer defined in the case of the Canal Zone.—As

used in this subchapter

(e)

*******

The term " consular officer " means any consular or diplomatic

officer of the United States designated, under regulaticms prescribed

under this subchapter, for the purpose of issuing immigration visas

under this subchaj^ter. In case of the Canal Zone and the insular

possessions of the United States the term " consular officer " (except

as used in section 222 of this title) means an officer designated by

the President, or by his autliority, for the purpose of issuing immigration

*******

visas under this subchapter;

(May 20. 1924, ch. 190, sec. 28, 43 Stat. 1G8; June 2. 1924, ch. 233,

43 Stat. 253.)

Note.—The subchapter above referred to comprises the " Immigration Act of

1924." Section 222 of title 8, provides that rules and regulation- for the enforcement of the subchapter, so far as they relate to adnunistralion by

consular officers, shall be prescribed by the Secretary of State on the recom- mendation of the Secretary of Labor. 890
aENERAL LAWS [T. 12, § 95a CHAPTER 9.—NATURALIZATION

Section 389. Alien declarant honorably discharged from Army,

Navy, etc., subsequently accepted conditionally in military or naval

service; residence in Canal Zone considered residence within

United States.—Any alien declarant who has served in the United

States Army or Navy, or tlie Philippine Constabulary, and has been

honorably discharged therefrom, and has been accepted for service in

either the military or naval service of the United States on the condition that he becomes a citizen of the United States, may file his

petition for naturalization upon proof of continuous residence within

the United States for the three years immediately preceding his

petition, by two witnesses, citizens of the United States, and in these

cases only residence in the Philippine Islands and the Panama Canal

Zone by aliens may be considered residence Avithin the United States,

and the place of such military service shall be construed as the place

of residence required to be established for purposes of naturalization.

(June 29. 1906, ch. 3592, sec. 4 (7) ; May 9, 1918, ch. 69, sec. 1, 40 Stat. 542.)

UNITED STATES CODE, TITLE 10 ARMY

Section 371. Government employees as reserve officers; leaves

of absence when ordered to duty.—All officers and employees of the

United States or of the District of Columbia who shall be members

of the Officers' Reserve Corps shall be entitled to leave of absence

from their respective duties, without loss of pay, time, or efficiency

rating, on all days during which they shall be ordered to duty with

troops or at field exercises, or for instruction, for periods not to exceed fifteen days in any one calendar year; and when relieved

from dutv, they shall be restored to the positions held bv them when

ordered to duty. (May 12, 1917, ch. 12. 40 Stat. 72.)

916. Disposition of remains of civilian employees of Army who

die in Canal Zone.— (Mar. 9, 1928, ch. 162, 45 Stat. 251.)

Note.—This section autliorizes the appropriation of funds for interment or preparation and transportation to their homes of the remains of civilian employees of the Army who die in the Canal Zone. UNITED STATES CODE, TITLE 12 BANKS AND BANKING

Section 95a. Embargo on bullion or coin ; hoarding ; requirement

of disclosure; penalties.—(As amended Mar. 9, 1933, ch. 1, sec. 2, 48 Stat. 1.) Note.—This section authorizes the President during periods of national emergency to rejiulate or prohibit any ti'ansacticns in foreign exchange, transft'rs of credit between or payments by banlcing iii.^titutions, and export, hoarding, melting, or earmarking of gold or silver coin or bullion av currercy, by

"any person within tlie United States or any place subject to ihe jurisdiction

thereof." The section further provides for the punishment of w.hful violators. See, also, section 95b of this title.

891
T. 12, § 201] GENERAL LAWS

201 to 211. Bank ConseiTation Act.— (Mar. 9, 1933, ch. 1, title II,

48 Stat. 2.) Note.—As used in these sections comprising the Bank Conservation Act, the term " State " means " any State, Territory, or possession of the United

States, and the Canal Zone." 611 to 632. Organization of corporations to engage in banking in a dependency of United States.

Note.—These sections relate to the organization of corporations for the pur- pose of engaging in international or foreign banking or other international or foreign financial operations, or in banking or otlier financial operations in a dependency or insular possession of the United States. Section 611, after authorizing the formation of such corporations, provides as follows

" Provided, That nothing in this section shall be construed to deny the right

of the Secretary of the Treasury to use any corporation organized under this section as depositaries in Panama and the Panama Canal Zone, or in the Philippine Islands and other insular possessions and dependencies of the United

States." UNITED STATES CODE, TITLE 13 CENSUS

Section 201. Authorization of decennial censuses; scope of in- quiries; census of Canal Zone.—A census of population, agriculture,

irrigation, drainage, distribution, unemployment, and mines shall

be taken b_y the Director of the Census in the year 1930 and every ten years thereafter. The census herein provided for shall include each

State, the District of Columbia, Alaska, Hawaii, and Porto Rico.

A census of Guam, Samoa, and the Virgin Islands shall be taken

in the same year by the respective governors of said islands and a census of the Panama Canal Zone by the Governor of the Canal

Zone, all in accordance with plans prescribed or approved by the

Director of the Census. (June 18, 1929, ch. 28, sec. 1, 46 Stat. 21.) Note.—The Act cited to the text was entitled "An Act to provide for the

fifteenth and subsequent decennial censuses and to provide for apportionment

of Representatives in Congress."

Section 20 of said Act (46 Stat. 26) provided as follows: "For the purpose

of carrying out the pi'ovisions of this Act (chapter) during the fifteenth de- cennial census period, there is authorized to be appropriated, out of any money

in the Treasury not otherwise appropriated, the sum of $39,593,000."

UNITED STATES CODE, TITLE 15 COMMERCE AND TRADE

Cb. Sec. Ch. Sec.

1. Monopolies and combinations in re- 3. Trade marks 81

straint of trade 12 11. Federal Caustic Poison Act 401

2A. Securities Act of 1933 77a CHAPTER 1.—MONOPOLIES AND COMBINATIONS IN RESTRAINT

OF TRADE

Sections 12 to 27. Monopolies and combinations in restmint of

trade.— (Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended.)

Note.—These sections were derived from an act entitled "An act to supplement existing laws against unlawful restraints and monopolies, and for otlier purposes ", cited above, and commonly known as the Clayton Act. As defined in section 12, " commerce ", as used in said sections 12 to 27, means " trade or commerce among the several States and with foreign nations,

892
OENERAL LAWS [T. 15, § 4{tl

or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or

other places under the jurisidiction of the United States, or lietween any such

possession or place and any State or Territory of tlie United States or the

District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the juris- diction of the United States : Provided, That nothing in the aforesaid sections contained shall apply to the Philippine Islands." Secton 9 of the Clayton Act, making it a felony for an oflScer of a common

carrier to embezzle its funds, constitutes section 412 of title 18. Sections 17-19 and 21-25 of that Act, relating to injunctive relief, constitute secti<nis 381-383 and 386-390 of title 28. Section 20 of that Act, relating to injunctions in labor

strikes, constitutes section 52 of title 29. 31, Panama Canal closed to violators of antitrust laws.

Note.—This section appears in the Canal Zone Code as section 11 of title 2. CHAPTER 2A.—SECURITIES ACT OF 1933 Sections 77a to 77aa, Securities Act of 1933.— (May 27, 1933,

cli. 38, title 1, 48 Stat. 74.) Note.—The act above cited was entitled "An Act to provide full and fair disclosure of the character of securities sold in interstate and foreign commerce

and tlirough the mails, and to prevent frauds in the sale thereof, and for other purposes."

The term "Territory", as defined in section 77b (6), means Alaska,

Hawaii, Puerto Rico, the Philippine Islands, Canal Zone, the Virgin Islands,

and the insular possessions of the United States. The term "interstate commerce", as defined in section 77b (7), means

trade or commerce in securities or any transportation or communication

relating thereto among the several States or between the District of Columbia

or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia.

This subchapter regulates the use of any means or instruments of trans- portation or communication in interstate commerce or of the mails in con- nection Avith the sale or offer to buy securities, as defined in the subchapter

and suliject to the exceptions therein contained, through the medium of a prospectus or otherwise, the carriage of securities for the purpose of sale or for delivery after sale, and the carriage or transmission of prospectuses relating

to securities registered under the subchapter.

Section 77v confers jurisdiction upon the " United States courts of any

Territory " of olfenses and violations under the subchapter and under the

rules and regulations of the Federal Trade Commission, and of suits in equity and actions at law brought to enforce any liability under the subchapter.

CHAPTER 3.—TRADE MAUKS

Sections 81 to 134. Trade Marks.—

Note.—See Canal Zone Code, title 3, section 391, rendering the trade-mark

laws of the United States of the same force and effect in the Canal Zone as

in the United States, and conferring jurisdiction in actions arising under

such laws upon the district court. CHAPTER 11.—FEDERAL CAUSTIC POISON ACT

Section 401. Citation.—This chapter may be cited as the Federal

Caustic Poison Act. (Mar. 4, 1927, ch. 489, sec. 1, 44 Stat. 1406.)

Note.—The Act cited to the text was entitled "An Act to safeguard the dis- tribution and sale of certain dangerous caustic or corrosive acids, alkalies, and

other substances in interstate and foreign commerce."

893
T. 15, § 402] GENERAL LAWS

402. Definitions.—As used in this chapter, unless the context otherwise requires

(a) The term "dangerous caustic or corrosive substance" means:

(1) Hydrochloric acid and any preparation containing free or chemically unneutralized hj^drochloric acid (HCl) in a concentration

of 10 per centum or more

(2) Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO4) in a concentration of 10

per centum or more

(3) Nitric acid or any preparation containing free or chemically

unneutralized nitric acid (HNO3) in a concentration of 5 per centum

or more

(4) Carbolic acid (CsHsOH), otherwise known as phenol, and

any preparation containing carbolic acid in a concentration of 5 per

centum or more

(5) Oxalic acid and any preparation containing free or chemically

unneutralized oxalic acid (H2C2O4) in a concentration of 10 per

centum or more;

(6) Any salt of oxalic acid and any preparation containing any

such salt in a concentration of 10 per centum or more

(7) Acetic acid or any preparation containing free or chemically

unneutralized acetic acid (HC2H3O2) in a concentration of 20 per

centum or more

(8) Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield 10 per

centum or more by weight of available chlorine, excluding calx

chlorinata, bleaching powder, and chloride of lime;

(9) Potassium hydroxide and any prepai-ation containing free or chemically unneutralized potassium hydroxide (KOH), including

caustic potash and Vienna paste, in a concentration of 10 per centum

or more

(10) Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of 10 per centum or more;

(11) Silver nitrate, sometimes known as lunar caustic, and any

preparation containing silver nitrate (AgNOs) in a concentration of

5 per centum or more ; and

(12) Ammonia water and any preparation containing free or chemically uncombined ammonia (NH3), including ammonium

hydroxide and " hartshorn ", in a concentration of 5 per centum or more.

(b) The term " misbranded parcel, package, or container " means

a retail parcel, package, or container of any dangerous caustic or

corrosive substance not bearing a conspicuous, easily legible label or sticker, containing

(1) The common name of the substance;

(2) The name and place of business of the manufacturer, packer,

seller, or distributor

(3) The word " poison," running" parallel with the main body

of reading matter on the label or sticker, on a clear, plain background of a distinctly contrasting color, in uncondensed gothic

capital letters, the letters to be not less than twenty-four point size

894
GENERAL LAWS [T. 15, § 404 unle?s there is on the label or sticker no other type so lar<^e, in which

event the type shall be not smaller than the largest type on the label or sticker; and

(4) Directions for treatment in case of accidental personal injury

by any dangerous caustic or corrosive substance, except that such

directions need not appear on labels or stickers, on parcels, packages

or containers at the t me of shipment or of delivery for shipment by

manufacturers and wholesalers for other than household use.

(c) The term " interstate or foreign commerce " means commerce

between any State, Territory, or possession, or the District of

Columbia, and any place outside thereof; or between points within

the same State, Territory, or possession, or the Distric t of Columbia,

but through any place outside thereof, or within any Territory or

possession, or the District of Columbia.

(d) This chapter is not to be construed as modifying or limiting

in any way the right of any person to manufacture, pack, ship, sell, barter, and distribute dangerous caustic or corros ve substances in

parcels, packages, or containers, labeled as required by this chapter.

(Mar. 4, 1<)27, ch. 489, sec. 2, 44 Stat. 1406.)

403. Prohibition against misbranded shipments.—No person shall

ship or deliver for shipment in interstate or foreign ( onnnerce or

receive from shipment in such commerce any dangerous caustic or

corrosive substance for sale or exchange, or sell or offer for sale any such substance in any Territory or possession or in the District of

Columbia, in a misbranded parcel, package, or container suitable for

household use; except that the preceding provisions of this section

shall not apply

(a) To any regularly established common carrier shipping or

delivering for shipment, or receiving from shipment, any such

substance in the ordinary course of its business as a common carrier

nor

(b) To any person in respect of any such substance shipped or

delivered for shipment, or received from shipment, for export to any foreign country, in a parcel, package, or container branded in

accordance with the specifications of a foreign purchaser and in

accordance with the laws of the foreign country.

(c) To any dealer when he can establish a guaranty signed by

the v/holesaler, jobber, manufacturer, or other party residing in

the United States, from whom he purchases such articles, to the

effect that the article is not misbranded within the meaning of this

chapter. This guaranty, to afford protection, shall contain the name

and address of the party or parties making the sale of such article to such dealer, and in such case said party or parties shall be amenable

to the prosecutions, fines, and other penalties which would attach,

in due course, to the dealer under the provisions of this chapter.

(Mar. 4, 1927, ch. 489, sec. 3, 44 Stat. 1407.)

404. Libel for condemnation proceedings.—(a) Any dangerous

caustic or corrosive substance in a misbranded parcel, package, or

container suitable for household use shall be liable to be proceeded

against in the district court of the United States for any judicial

district in which the substance is found and to be seized for con895
T. 15, § 405] GENERAL LAWS

fiscation by a process of libel for condemnation, if such substance is being

(1) Shipped in interstate or foreign commerce, or

(2) Held for sale or exchange after having been so shipped, or

(3) Held for sale or exchange in any Territory or possession or

in the District of Columbia.

(b) If such substance is condemned as misbranded by the court

it shall be disposed of in the discretion of the court^

(1) By destruction.

(2) By sale. The proceeds of the sale, less legal costs and charges,

shall be paid into the Treasury as miscellaneous receipts. Such

substance shall not be sold in any jurisdiction contrary to the provisions of this chapter or the laws of such jurisdiction, and the

court may require the purchaser at any such sale to label such substance in compliance with law before the delivery thereof.

(3) By delivery to the owner thereof upon the payment of legal

costs and charges and execution and delivery of a good and suffi- cient bond to the effect that such substance will not be sold or otherwise disposed of in any jurisdiction contrary to the provisions of

this chapter or the laws of such jurisdiction.

(c) Proceedings in such libel cases shall conform, as nearly as may be, to suits in rem in admiralty, except that either party may

demand trial by jury on any issue of fact if the value in controversy

exceeds $20. In case of a jury trial the verdict of the jury shall have

the same effect as a finding of the court upon the facts. All such

proceedings shall be at the suit and in the name of the United

States. (Mar. 4, 1927, ch. 489, sec. 4, 44 Stat. 1408.)

405. Exclusion of misbranded imports.—(a) Whenever in the

case of any dangerous caustic or corrosive substance being offered

for importation the Secretary of Agriculture has reason to believe

that such substance is being shipped in interstate or foreign commerce in violation of section 403 of this title, he shall give due notice

and opportunity for hearing thereon to the owner or consignee and

certify such fact to the Secretary of the Treasury, who shall thereupon (1) refuse admission and delivery to the consignee of such substance, or (2) deliver such substance to the consignee pending ex- amination, hearing, and decision in the matter, on the execution of a penal bond to the amount of the full invoice value of such substance, together with the duty thereon, if any, and to the effect that on refusal to return such substance for any cause to the Secretary

of the Treasury when demanded, for the purpose of excluding it from the country or for any other purpose, the consignee shall forfeit the full amount of the bond.

(b) If, after proceeding in accordance with subdivision (a), the

Secretary of Agriculture is satisfied tliat such substance being

offered for importation was shipped in interstate or foreign commerce in violation of any provision of this chapter, he shall certify

the fact to the Secretary of the Treasury, who shall thereupon

notify the owner or consignee and cause the sale or other disposition of such substance refused admission and delivery or entered

under bond, unless it is exported by the owner or consignee or

labeled by him so as to conform to the law within three months from
GENERAL LAWS [T. 15, § 409

the date of such notice, under such regulations as the Secretary

of the Treasury mscy prescribe. All charges for storage, cartage, or labor on any such substance refused admission or delivery or entered upon bond shall be paid by the owner or consignee. In

default of such pa3anent such charges shall constitute a lien against

any future importations made by such owner or consignee. (Mar.

4, 1927, ch. 489, sec. 5, 44 Stat. 1408.)

406. Removal of labels.—No person shall alter, mutilate, destroy,

obliterate, or remove any label or sticker required by this chapter

to be placed on any dangerous caustic or corrosive .substance, if such

substance is being

(a) Shipped in interstate or foreign commerce; or

(b) Held for sale or exchange after having been so shipped; or

(c) Held for sale or exchange in any Territory or possession or by the District of Columbia. (Mar. 4, 1927, ch. 489, sec. 6, 44 Stat. 1409.)

407. Penalties.—Any person violating any provision of section

403 or 406 of this title shall upon conviction thereof be punished by

a fine of not more than $200 or imprisonment for not more than

ninety days, or by both. (Mar. 4, 1927, ch. 489, sec. 7, 44 Stat. 1409.)

408. Institution of libel for condemnation and criminal proceedings.—It shall be the duty of each United States district attorney

to whom the Secretary of Agriculture shall report any violation of

section 403 or 406 of this title or to whom any health, medical, or drug officer or agent of any State, Territory, or possession, or of the

District of Columbia presents satisfactory evidence of any such violation, to cause libel for condemnation and criminal proceedings

under sections 404 and 407 of this title to be commenced and prosecuted in the proper courts of the United States, without delay, for

the enforcement of the condemnation and penalties provided in such

sections. (Mar. 4, 1927, ch. 489, sec. 8, 44 Stat. 1409.)

409. Enforcement of chapter.—(a) Except as otherwise specifically provided in this chapter, the Secretary of Agriculture shall

enforce its provisions.

(b) For enforcing the provisions of sections 404, 405, and 407 of

this title, the Secretary of Agriculture may cause investigations,

inspections, analyses, and tests to be made and samples to be col- lected, of any dangerous caustic or corrosive substance. The Department of Agriculture shall pay to the person entitled, upon his re- quest, the reasonable market value of any such sample taken. If it appears from the inspection, analysis, or test of any dangerous caustic or corrosive substance that such substance is in a misbranded

package, parcel, or container suitable for household use, the Secretary of Agriculture shall cause notice thereof to be given to any

person who may be liable for any violation of section 403 or 406 of

this title in. respect of such substance. Any person so notified shall

be given an opportunity to be heard under regalations prescribed by

the Secretary of Agriculture. If it appears that such person has

violated the provisions of section 403 or 406 of this title the Secretary

of Agriculture shall at once certify the facts to the proper United

897
T. 15, § 410] GENERAL LAWS

States district attorney, with a copy of the results of the inspection,

analysis, or test duly authenticated under oath by the person making such inspection, analysis, or test. (c) For the enforcement of his functions under this chapter the

Secretary of Agriculture is authorized

(1) To prescribe and promulgate such regulations as may be

necessary.

(2) To cooperate with any department or agency of the Government, with any State, Territory, or possession, or with the District of

Columbia, or with any department, agency, or political subdivision

thereof, or with any person.

(3) Subject to the civil service laws to appoint and, in accordance

with chapter 13 of Title 5, to fix the salaries of such officers and employees as may be required for the execution of the functions of the

Secretary of Agriculture under this chapter and as may be provided for by the Congress from time to time.

(4) To make such expenditures (including expenditures for per- sonal services and rent at the seat of government and elsewhere, and

for law books, books of reference, and periodicals) as may be required

for the execution of the functions vested in the Secretary of Agriculture by this chapter and as may be provided for by the Congress

from time to time.

(5) To give notice, by publication in such manner as the Secretary of Agriculture may by regulation prescribe, of the judgment of

the court in any case under the provisions of this chapter. (Mar. 4, 1927, ch. 489, sec. 9, 44 Stat. 1409.)

410. Separability clause.—If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person

or circumstance is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons

and circumstances shall not be affected thereby. (Mar. 4, 1927, ch. 489, sec. 10, 44 Stat. 1410.)

411. Application to existing law^.—The provisions of this chapter

shall be held to be in addition to and not in substitution for the

provisions of the following acts:

(a) The Food and Drugs Act, approved June 30, 1906, as amended

[sections 1 to 15 of title 21].

(b) The Insecticide Act of 1910, as amended [chapter 6 of title 7].

(c) The Act entitled "An Act to regulate the practice of pharmacy and the sale of poisons in the District of Columbia, and for

other purposes," approved May 7, 1906, as amended. (Mar. 4, 1927,

ch. 489, sec. 12, 44 Stat. 1410.)*^ UNITED STATES CODE, TITLE 17 COPYRIGHTS

Sections 1 to 63. Copyrights.

Note.—See Canal Zone Code, title 3, section 301, rendering the copyright

laws of the United States of the sami^ force and effect in the Canal Zone as

in the United States, and conferring jurisdiction in actions arising under such

laws upon the district court. 898
GENERAL LAWS

UNITED STATES CODE, TITLE 18 CRIMINAL CODE AND CRIMINAL PROCEDURE

[T. 18, § 7

Oh. Sec.

1. Offenses Against Existence of

(;ov(Mnmi>nt 5

2. Offenses Against Neutrality 21

4. Offenses Against Opoiatibns of Government 71

7. Offenses Against Cm-rency, Coinape. Ktc 261

8. Offenses Against Postal Service- 301

9. Offi nses Agiinst I'oreign And

Interstate Commerce 381

10. Slave Trade And Peonage 446

Ch. Sec.

11. Offenses Witliln Admiralty, Maritime. And Territoiial Jurisdiction Of United States 451

12. Piracy and Other Offenses Upun

Seas 481

14. Saving Provisions 535

15. General Provisions (Criminal Procedure) 574

IS. Search Warrant Gil

20. Extradition 051 CHAPTER 1.—OFFENSES AGAINST EXISTENCE OF GOVERNMENT

Note.—Sections 5 to 8 of this title are shown by reason of their express

application to places " subject to the juristliction " of the United States. Section 5. Criminal correspondence with foreign governments;

redress of private injuries excepted.—Every citizen of the United

States, whether actiiall}'^ resident or abiding within the same, or in

any place subject to the jurisdiction thereof, or in any foreign country, who, without the permission or authority of tlie Government,

directly or indirectly, commences or carries on any verbal or written

correspondence or intercour.se with any foreign government or any

officer or agent thereof, with an intent to influence the measures or conduct of any foreign government or of any officer or agent thereof,

in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States

and every person, being a citizen of or resident within the United

States or in any place subject to the jurisdiction thereof, and not

duly authorized, who counsels, advises, or assists in any such corre- spondence with such intent, shall be fined not more than $5,000 and

imprisoned not more than three years; but nothing in this section

shall be construed to abridge the right of a citizen to apply, himself

or his agent, to any foreign government or the agents thereof for

redress of any injury which he may have sustained from such government or any of its agents or subjects. (R. S. sec. 5335; Mar. 4, 1909,

ch. 321, sec. 5, 35 Stat. 1088; Apr. 22, 1932, ch. 126, 47 Stat. 132.)

6. Seditious conspiracy.—If two or more persons in any State or

Territory, or in any place subject to the jurisdiction of the United

States, conspire to overthrow, put down, or to destroy by force the

Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder,

or delay the execution of any law of the United States, or by force to

seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than $5,000, or imprisoned not more than six years, or both. (R.S. sec. 5336;

Mar. 4, 1909, ch. 321, sec. 6, 35 Stat. 1089.)

7. Recruiting for service against United States.—Whoever re- cruits soldiers or sailors within the United States, or in any place

subject to the jurisdiction thereof, to engage in armed hostility

against the same, or opens within the United States, or in any place
T. 18, § 8] GENERAL LAWIS

subject to the jurisdiction thereof, a recruiting station for the enlist- ment of such soldiers or sailors to serve in any manner in armed

hostility against the United States, shall be fined not more than

$1,000 and imprisoned not more than five years. (E,.S. sec. 5337;

Mar. 4, 1909, ch. 321, sec. 7, 35 Stat. 1089.)

8. Enlisting to serve against United States.—Everj^ person enlisted or engaged within the United States or in any place subject to the jurisdiction thereof, with intent to serve in armed hostility

against the United States, shall be fined $100 and imprisoned not more than three years. (R.S. sec. 5338; Mar. 4, 1909, ch. 321, sec. 8, 35 Stat. 1089.)

CHAPTER 2.—OFFENSES AGAINST NEUTRALITY

Section 21, Accepting commission to serve against friendly

power.—Every citizen of the United States who, within the territory or jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by

sea, against any prince, state, colony, district, or people, with whom

the United States are at peace, shall be fined not more than $2,000

and imprisoned not more than three vears. (R.S. sec. 5281 ; Mar. 4, 1909, ch. 321, sec. 9, 35 Stat. 1089.)

Note.—Sections 21 to 24 of this title nre shown by reason of their express

application to persons within the territory " or jurisdiction " of the United

States. 22. Enlisting in foreign sei-vice; exceptions.—Whoever, within

the territory or jurisdiction of the United States, enlists or enters himself, or hires or retains another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with

intent to be enlisted or entered in the service of any foreign prince,

state, colony, district, or people as a soldier or as a marine or seaman

on board of any vessel of war, letter of marque, or privateer shall be fined not more than $1,000 and imprisoned not more than three

years : Provided, That this section shall not apply to citizens or subjects of any country engaged in war with a country with which the

United States is at war, unless such citizen or subject of such foreign

country shall hire or solicit a citizen of the United States to enlist or go beyond the jurisdiction of the United States with intent to

enlist or enter the service of a foreign country. Enlistments under

this proviso shall be under regulations prescribed by the Secretary of

War. (R. S. sec. 5282; Mar. 4, 1909, c. 321, sec. 10, 35 Stat. 1089:

May 7, 1917, c. 11, 40 Stat. 39.)

23, Arming vessels against friendly powers; forfeiture of vessel.—Whoever, within the territory or jurisdiction of the United

States, fits out and arms, or attempts to fit out and arm, or procures

to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out, or arming of any vessel, with intent that such

vessel shall be employed in the service of any foreign prince, or state, or of any colony, district, or people, to cruise, or commit hostilities against the subjects, citizens, or property of any foreign prince or

state, or of any colony, district, or people, with whom the United

900
GENERAL LAWS [T. 18, § 27

States are at peace, or whoever issues or delivers a commission within

the territory or jurisdiction of the United States for any vessel, to the intent tliat she may be so employed, shall be fined not more than

$10,000 and imprisoned not more than three years. And every such

vessel, her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores which may have been procured for the

building and equipment thereof, shall be forfeited ; one half to the use

of the informer and the other half to the use of the United States. (R.S. sec. 5283; Mar. 4, 1909, ch. 321, sec. 11, 35 Stat. 1090.)

24. Augmenting force of foreign armed vessels.—Whoever,

within the territory or jurisdiction of the United States, increases or augments, or procures to be increased or augmented, or knowingly

is concerned in increasing or augmenting, the force of any ship of

war, cruiser, or other armed vessel which, at the time of her arrival

within the United States, was a ship of war, or cruiser, or armed

vessel, in the service of any foreign prince or state, or of any colony,

district, or people, or belonging to the subjects or citizens of any

such prince or state, colony, district, or people, the same being at war

with any foreign prince or state, or of any colony, district, or people,

with whom the United States are at peace, by adding to the number

of the guns of such vessel, or by changing those on board of her for

g-uns of a larger caliber, or by adding thereto any equipment solely

applicable to war, shall be fined not more than $1,000 and imprisoned

not more than one year. (U.S. sec. 5285; Mar. -l, 1909, ch. 321, sec. 12, 35 Stat. 1090.)

25. Organizing military expedition against friendly power.—

Whoever, within the territory or jurisdiction of the United States or of any of its possessions," knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for, or who

takes part in, any military or naval expedition or enterprise to be

carried on from thence against the territory or dominion of any

foreign prince or state, or of any colony, district, or people with

whom the United States is at peace, shall be fined not more than

$3,000 or imprisoned not more than three years, or both. (R.S. sec. 5286; Mar. 4, 1909, ch. 321, sec. 13, 35 Stat. 1090; June 15, 1917, ch. 30,

title V, sec. 8, 40 Stat. 223.)

Ceoss-Refebences

" United States " as used in sections 25, 27, and 31 to 38 of this title, defined to include Canal Zone, jurisdiction of district court over offenses, see section 39

of this title, ^ ^ ^ *• Duties of district attorney of Canal Zone in respect to offenses under sections

25, 27, and 31 to 38 of this title, see section 574 of this title.

27. Compelling foreign vessels to depart.—It shall be lawful for

the President to employ such part of the land or naval forces of the

United States, or of the militia thereof, as he may deem necessary to compel any foreign vessel to depart from the United States or any

of its possessions in all cases in which, by the law of nations or the

treaties of the United States, it ought not to remain, and to detain or prevent any foreign vessel from so departing in all cases m which,

by the law of nations or the treaties of the United States, it is not

901
T. IS, § 31] GENERAL LAWS

^ititled to depart. (U.S. sec. 5288; Mar. 4, 1909, ch. 321, sec. 15, 35

Stat. 1091; June 15, 1917, ch. 30, title V, sec. 10, 40 Stat. 223.)

31. Enforcement of neutrality; withholding clearance papers

from vessels.—During a war in Avhich the United States is a neutral

nation, the President, or any person tlieieunto authorizL'd b_v liini. may withliold clearance from or to any vessel, domestic or foreign,

which is required by law to secure clearance before departing from

port or from the jurisdiction of the United States, or. by service of

formal notice upon the owner, master, or person in command or having charge of any domestic vessel not required by law to secure clear- ances before so departing, to forbid its departure from port or from

the jurisdiction of the United States, whenever there is reasonable

cause to believe that any such vessel, domestic or foreign, whether

requiring clearance or not, is about to carry fuel, arms, ammunition,

men, suppbes, dispatches, or information to any warship, tender, or supply shi]) of a foi'sign belligerent nation in violation of the laws,

treaties, or obligations of the United States under the law of nations;

and it shall thereupon be unlawful for such vessel to depart. (June

15. 1917, ch. 30, title V. sec. 1, 40 Stat. 221.)

32. Same; detention of armed vessels.—During a war in which

the United States is a neutral nation, the President, or any person

thereunto authorized by him, may detain any armed vessel owned

wholly or in part by American citizens, or any vessel, domestic or foreign (other than one which has entered the ports of the United

States as a public vessel), which is manifestly built for warlike pur- poses or has been converted or adapted from a private vessel to one

suitable for warlike use. until the owner or master, or person having

charge of such vessel, shall furnish proof satisfactory to the President, or to the person duly authorized by him, that the vessel will not be employed by the said owners, or master, or person having charge

thereof, to cruise against or commit or attempt to commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district or people with which the United States is at peace, and that the said vessel will not be sold or delivered to any

belligerent nation, or to an agent, officer, or citizen of such nation, by

them or any of them, within the jurisdiction of the United States, or, having left that jurisdiction, upon the high seas. (June 15. 1917,

ch. 30, title V, sec. 2, 40 Stat. 221.)

33. Same; sending out armed vessels with intent to deliver to belligerent nation.—During a Avar in which the United States is a neutral nation, it shall be unlaAvful to send out of the jurisdiction of

the United States any vessel built, armed, or equipped as a vessel of war, or converted from a private vessel into a vessel of war, with any

intent or under any agreement or contract, written or oral, that such

vessel shall be delivered to a belligerent nation, or to an agent, officer, or citizen of such nation, or with reasonable cause to believe that the

said vessel shall or will be employed in the service of any such bellig- erent nation after its departure from tlie jurisdiction of the United

States. (June 15, 1917, ch. 30, title V. sec. 3. 40 Stat. 222.)

34. Same; statement from master that cargo will not be delivered to other vessels.

During a war in which the United States

902
GENERAL LAWS [T. 18, § 37

is a neutral nation, in addition to the facts required by sections 91,

92, and 94 of Title 4G to be set out in the masters' and shippers' manifests before clearance will be issued to vessels bound to foreign ports,

each of which sections is hereby declared to be and is continued in

full force and elfect, every master or person having charge or com- mand of any vessel, domestic or foreign, whether requiring clearance

or not, before departure of such vessel from port shall deliver to the

collector of customs for the district wherein such vessel is then located a statement duly verified by oath, that the cargo or any part of the

cargo is or is not to be dehvered to other vessels in port or to be

transshipped on the high seas and, if it is to be so delivered or transshipped, stating the kind and quantities and the value of the

total quaiititv of each kind of article so to be delivered or trans- shipped, and^the name of the person, corporation, vessel, or government, to whom the delivery or transshipment is to be made; and

the owners, shippers, or consignors of the cargo of such vessel shall

in the same manner and under the same conditions deliver to the

collector like statements under oath as to the cargo or the parts

thereof laden or shipped by them, respectively. (June 15, 1917, eh.

30, title V, sec. 4, 40 Stat. 222.)

35. Same ; forbidding departure of vessels.—Whenever it appears

that the vessel is not entitled to clearance or whenever there is reasonable cause to believe that the additional statements under oath

required in section 34 of this title are false, the collector of customs

for the district in which the vessel is located may, subject to review

by the Secretary of Commerce, refuse clearance to any vessel, domestic or foreign, and by formal notice served upon the owners,

master, or person or persons in command or charge of any domestic

vessel for which clearance is not required by law, forbid the departure of the vessel from the port or from the jurisdiction of the

United States; and it shall thereupon be unlawful for the vessel to depart. (June 15, 1917, ch. 30, title V, sec. 5, 40 btat. 222.)

36. Same; unlawful taking of vessel out of port.—Whoever, in

violation of any of the provisions of sections 25, 27, and 31 to 38 of

this title, shall take, or attempt or conspire to take, or authorize the

taking of any such vessel, out of port or from the jurisdiction of the

United States, shall be fined not more than $10,000 or imprisoned not more than five years, or both ; and, in addition, such vessel, her tackle,

spparel, furniture, equipment, and her cargo shall be forfeited to the

United States. (June 15, 1917, ch. 30, title V, sec. 6, 40 Stat. 222.)

37. Same; internment of persons belonging to armed land or naval forces of belligerent nation; arrest; punishment for aiding

escape.—Whoever, being a person belonging to the armed land or naval forces of a belligerent nation or belligerent faction of any

nation and being interned in the United States, in accordance with

the law of nations, shall leave or attempt to leave said jurisdiction, or shall leave or attempt to leave the limits of internment in which

freedom of movement has been allowed, without permission from

the proper official of the United States in charge, or shall willfully

overstay a leave of absence granted by such official, shall be subject

to arrest by any marshal or deputy marshal of the United States, or

903
T. 18, § 38] GENERAL LAWS

by the military or naval authorities thereof, and shall be returned

to the place of internment and there confined and safely kept for

such period of time as the official of the United States in charge shall

direct; and whoever, within the jurisdiction of the United States

and subject thereto, shall aid or entice any interned person to escape

or attempt to escape from the jurisdiction of the United States, or from the limits of internment prescribed, shall be fined not more

than $1,000 or imprisoned not more than one year, or both. (June

15, 1917, ch. 30, title V, sec. 7, 40 Stat. 223.)

38. Enforcement of sections 25, 27, and 31 to 37 of this title.—

The President may employ such part of the land or naval forces of

the United States as he may deem necessary to carry out the purposes

of sections 25, 27, and 31 to 37 of this title. (June 15, 1917, ch. 30,

title V, sec. 9, 40 Stat. 223.)

39. Same; United States defined; jurisdiction of offenses; prior

offenses ; partial invalidity of provisions.—The term " United

States ", as used in sections 25, 27, and 31 to 38 of this title, includes

the Canal Zone, and all territory and waters, continental or insular,

subject to the jurisdiction of the United States. The several courts of first instance in the Philippine Islands and the district court of

the Canal Zone shall have jurisdiction of offenses under said sections

25, 27, and 31 to 38 committed within their respective districts, and

concurrent jurisdiction with the district courts of the United States

of offenses thereunder committed upon the high seas, and of conspiracies to commit guch offenses, as defined by section 88 of this

title, and the provisions of said section 88, for the purposes of sec- tions 25, 27, and 31 to 38 of this title, are extended to the Philippine

Islands, and to the Canal Zone. Offenses committed and penalties,

forfeitures, or liabilities incurred prior to the taking effect hereof

under any law embraced in or changed, modified, or repealed by sec- tions 25, 27, and 31 to 38 may be prosecuted and punished, and suits

and proceedings for causes arising or acts done or committed prior

to the taking effect hereof may be commenced and prosecuted, in the same manner and with the same effect as if said sections 25, 27, and

31 to 38 had not been passed. If any clause, sentence, paragraph, or part of sections 25, 27, and 31 to 38 shall for any reason be adjudged

by any court of competent jurisdiction to be invalid, such judgment

shall not affect, impair, or invalidate the remainder thereof but shall

be confined in its operation to the clause, sentence, paragraph, or part

thereof directl}^ involved in the controversy in which such judgment

shall have been rendered. (June 15, 1917, ch. 30, title XIII^ sees.

1 to 4, 40 Stat. 231.)

CHAPTER 4.—OFFENSES AGAINST OPERATIONS OF GOVERNMENT

Section 71. Making, forging, counterfeiting, or altering letters

patent.

Note.—See Canal Zone Code, title 3, section 391, rendering the patent laws

of the United States of the same force and effect in the Canal Zone as in the United States, and conferring jurisdiction in actions arising under such laws upon the district court.

J)()4
GENERAL LAW8 [T. 18, § 08

88. Conspiring to commit offense against United States.—If two

or more persons conspire either to commit any offense against the

United States, or to defraud the United States in any manner or

for any purpose, and one or more of such parties do any act to

effect the object of the conspiracy, each of the parties to such con- spiracy shall be fined not more than $10,000, or imprisoned not more

than two years, or both. (U.S. sec. 5440; May IT, 1879, ch. 8, 21

Stat. 4; Mar. 4, 1909, ch. 321, sec. 37, 35 Stat. 1096.)

Note.—This section is extended to tlie Canal Zone for certain purposes by

sections 39 and 574 of this title ; see also title 50, sections 34 and 39. 96. Injuries to fortifications or harbor defenses; jurisdiction of

offenses committed within Canal Zone or defensive sea areas.—

Whoever shall willfully trespass upon, injure, or destroy any of the

works or property or material of any submarine mine or torpedo or

fortification or harbor-defense system owned or constructed or in

process of construction by the United States, or shall willfully interfere with the operation or use of any such submarine mine, torpedo,

fortification, or harbor-defense system, or shall knowingly, willfully, or wantonly violate any duly authorized and promulgated order or

regulation of the President governing persons or vessels within the

limits of defensive sea areas, which defensive sea areas are hereby

authorized to be established by order of the President from time to time as may be necessary in his discretion for purposes of national

defense, shall be punished on conviction thereof in a district or cir- cuit court of appeals of the United States for the district or circuit

in which the offense is committed, or into which the offender is first brought, by a fine of not more than $5,000, or by imprisonment for

a term not exceeding five years, or by both, in the discretion of the

court. Offenses hereunder committed within the Canal Zone or within any defensive sea areas which the President is authorized to establish by this section, shall be cognizable in the District Court of

the Canal Zone, and jurisdiction is hereby conferred upon said court

to hear and determine all such cases arising under this section and to impose the penalties herein provided for the violation of any of its provisions. (July 7, 1898, ch. 576, sec. 1, 30 Stat. 717; Mar. 4, 1909,

ch. 321, sec. 44, 35 Stat. 1097; Mar. 4, 1917. ch. 180, 39 Stat. 1194;

May 22, 1917, ch. 20, sec. 19, 40 Stat. 89.)

98. Possession or control of property or papers in aid of foreign

government designed or intended for violating penal statutes,

treaty rights or obligations of United States ; or rights under law of

nations.—Wlioever, in aid of any foreign government, shall knowingly and willfully have possession of or control over any property or papers designed or intended for use or which is used as the means of

violating any penal statute, or any of the rights or obligations of the

United States under any treaty or the law of nations, shall be fined

not more than $1,000 or imprisoned not more than two years, or

both. The term " IJnited States ", as used in this section, includes the

Canal Zone, and all territory and waters, continental or insular,

subject to the jurisdiction of the United States. The words " foreign

government ", as used in this section, shall be deemed to include any

government, faction, or body of insurgents within a country with

93083—34 58 905
T. 18, § 130] GENERAL LAWS

which the United States is at peace, which government, faction, or body of insurgents may or may not have been recognized by the

United States as a government. (June 15, 1917, ch. 30, title VIII, sec.

4, 40 Stat. 226; June 15, 1917, ch. 30, title XI, sec. 22, 40 Stat. 230,

June 15, 1917, ch. 30, title XIII, sec. 1, 40 Stat. 231. Cboss-Refeeence

Jurisdiction of district court iu Canal Zone over offenses under this section, see section 574 of this title.

130. Counterfeiting Government seal; fraudulently or wrongfully affixing seal of executive departments to certificate or instrument or wrongfully using such certificate or instrument.—Whoever shall fraudulently or wrongfully affix or impress the seal of

any executive department, or of any bui-eau, commission, or office of

the United States, to or upon any certificate, instrument, commission,

document, or paper of any description ; or whoever, with knowledge

of its fraudulent character, shall with wrongful or fraudulent intent

use, buy, procure, sell, or transfer to another any such certificate,

instrument, commission, document, or paper, to which or upon which

said seal has been so fraudulently affixed or impressed, shall be fined

not more than $5,000 or imprisoned not more than five years, or both.

(June 15, 1917, ch. 30, title X, sec. 1, 40 Stat. 227.)

Cross-Refebencb

Jurisdiction of district court iu Canal Znne over offenses under sections 130

to 132 of this title, see section 574 of this title.

131. Falsely making or forging seal of executive department.—

Whoever shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be made, forged, counterfeited, mutilated, or al- tered, or shall willingly assist in falsely making, forging, counterfeiting, mutilating, or altering, the seal of any executive department,

or any bureau, commission, or office of the United States, or whoever

shall knowingly use, affix, or impress any such fraudulently made,

forged, counterfeited, mutilated, or altered seal to or upon any certificate, instrument, commission, document, or paper, of any description, or whoever with wrongful or fraudulent intent shall have possession of any such falsely made, forged, counterfeited, mutilated, or

altered seal, knowing same to have been so falsely made, forged,

counterfeited, mutilated, or altered, shall be fined not more than

$5 000 or imprisoned not more than ten years, or both. (June 15,

1917, ch. 30, title X, sec. 2, 40 Stat. 228.)

"

132. Falsely making or forging naval, military, or official pass.—

Whoever shall falsely make, forge, counterfeit, alter, or tamper with

any naval, military, or official pass or permit, issued by or under the

authority of the United States, or with wrongful or fraudulent in- tent shall use or have in his possession any such pass or permit, or

shall personate or falsely represent himself to be or not to be a per- son to whom such pass or permit has been duly issued, or shall will- fully allow any other person to have or use any such pass or permit,

issued for his use alone, shall be fined not more than $2,000 or im906
GENERAL LAWS [T. 18, § 2G4 prisoned not more than five years, or both. (June 15, 1917, ch. 30,

title X, sec. 3, 40 Stat. 228.)

133. United States defined.—The term " United States ", as used

in sections 130 to 132 of this title, includes tlie Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States. (June 15, 1917, ch. 30, title XIII, sec. 1, 40 Stat. 231.)

' CHAPTER 7.—OFFENSES AGAINST CURRENCY, COINAGE, ETC.

Note.—The sections hereinafter shown were selected on the basis of the ex- press application of certain of their provisions to places " suijject to the juris- diction " of the United States. Section 261. " Obligation or other security of the United States "

defined.—The words " obligation or other security of the United

States " shall be held to mean all bonds, certificates of indebtedness,

national bank currency, coupons, United States notes. Treasury

notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon au- thorized officers of the United States, stamps and other representatives of value, of whatever denomination, which have been or may

be issued under any Act of Congress. (R.S. sec. 5413; Feb. 18, 1875,

ch. 80, sec. 1, 18 Stat. 320; Feb. 27, 1877, ch. 09, 19 Stat. 253; Feb.

28, 1878, ch. 20, sec. 3, 20 Stat. 26; Mar. 4, 1909, ch. 321, sec. 147,

35 Stat. 1115.)

5 5,,

264. Using plates to print notes without authority; distinctive

paper.—Whoever, having control, custody, or possession of any plate,

stone, or other thing, or any part thereof, from which has been

printed, or which may be prepared by direction of the Secretary of

the Treasury for the purpose of printing, any obligation or other se- curity of the United States, shall use such plate, stone, or other thing,

or any part thereof, or knowingly suffer the same to be used for the

purpose of printing any such or similar obligation or other security, or any part thereof, except as may be printed for the use of the

United States by order of the proper officer thereof; or wdioever by

any way, art, or means shall make or execute, or cause or procure to be made or executed, or shall assist in making or executing any plate,

stone, or other thing in the likeness of any plate designated for the

printing of such obligation or other security; or whoever shall sell any such plate, stone, or other thing, or bring into the United States or any place subject to the jurisdiction thereof, from any foreign

place, any such plate, stone, or other thing, except under the direction of the Secretary of the Treasury or other proper officer, or wnth

any other intent, in either case, than that such plate, stone, or other

thing be used for the printing of the obligations or other securities

of the United States; or whoever shall have in his control, custody,

or possession any plate, stone, or other thing in any manner made

after or in the similitude of any plate, stone, or other thing, from

which any such obligation or other security has been printed, with

intent to use such plate, stone, or other thing, or to suffer the same

to be used in forging or counterfeiting any such obligation or other

907
T. 18, § 265] GENERAL LAWS

security, or any part thereof ; or whoever shall have in his possession or custody, except under authority from the Secretary of the Treasury or other proper officer, any obligation or other security made or

executed, in whole or in part, after the similitude of any obligation or other security issued under the authority of the United fetates,

with intent to sell or otherwise use the same ; or whoever shall print,

photograph, or in au}^ other manner make or execute, or cause to be

printed, photographed, made, or executed, or shall aid in printing,

photographing, making, or executing any engraving, photograph,

print, or impression in the likeness of any such obligation or other

security, or any part thereof, or shall sell any such engraving, photograph, print, or impression, except to the United States, or shall

bring into the United States or any place subject to the jurisdiction

thereof, from any foreign place, any such engraving, photograph,

print, or impression, except by direction of some proper officer of

the United States ; or whoever shall have or retain in his control or

possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the

United States, any similar paper adapted to the making of any such

obligation or other security, except under the authority of the Sec- retary of the Treasury or some other proper officer of the United

States, shall be fined not more than $5,000, or imprisoned not more

than fifteen years, or both. (R.S. sec. 5430, Mar. 4, 1909, ch. 321,

sec. 150, 35 Stat. 1116.)

265. Uttering forged obligations.—Whoever, with intent to defraud, shall pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell, or shall bring into the United States or any place

subject to the jurisdiction thereof, with intent to pass, publish, utter, or sell, or shall keep in possession or conceal with like intent, any

falsely made, forged, counterfeited, or altered obligation or other

security of the United States, shall be fined not more than $5,000

and imprisoned not more than fifteen years. (E.S. sec. 5431 ; Mar. 4,

1909, ch. 321, sec. 151, 35 Stat. 1116.)

270. Counterfeiting- foreign securities.—Whoever, within the

United States or any place subject to the jurisdiction thereof, with

intent to defraud, shall falsely make, alter, forge, or counterfeit

any bond, certificate, obligation, or other security in imitation of, or purporting to be an imitation of, any bond, certificate, obligation, or other security of any foreign government, issued or put forth

under the authority of such foreign government, or any treasury

note, bill, or promise to pay issued by such foreign government, and

intended to circulate as money, either by law, order, or decree of

such foreign government; or whoever shall cause or procure to be

so falsely made, altered, forged, or counterfeited, or shall knowingly

aid or assist in making, altering, forging, or counterfeiting, any

such bond, certificate, obligation, or other security, or any such treas- ury note, bill, or promise to pay, intended as aforesaid to circulate as money, shall be fined not more than $5,000 and imprisoned not more

than five vears. (May 16, 1884, ch. 52, sec. 1, 23 Stat. 22; Mar. 4. 1909, ch. 321, sec. 156, 35 Stat. 1117.)

908
GENERAL LAWS [T. 18, § 275

271. Uttering counterfeit foreign securities.—Whoever, within

J he United States or any place subje(-t to the jurisdiction therof,

knowingly and with intent to defraud, bliall utter, pass, or put off, in payment or negotiation, any false, forged, or counterfeited bond,

certihcate, obligation, security", treasury note, bill, or promise to pay,

mentioned in section 270 of this title,' whether the same was made,

altered, forged, or counterfeited within the United States or not. shall be fined not more than $3,000 and imprisoned not more than

three vears. (May 16, 1884, ch. 52, sec. 2, 23 Stat. 23 ; Mar. 4, 1909,

eh. 321, sec. 157, 35 Stat. 1118.)

272. Counterfeiting notes of foreign banks.—Whoever, within

the United States or any place subject to the jurisdiction thereof,

with intent to defraud, shall falsely make, alter, forge, or counterfeit, or cause or procure to be so falsely made, altered, forged, or counterfeited, or shall knowingly aid and assist in the false making, alter- ing, forging, or counterfeiting of any bank note or bill issued by a bank or corporation of any foreign country, and intended by the

law or usage of such foreign country to circulate as money, such

Dank or corporation being authorized by the laws of such country,

shall be fined not more than $2,000 and imprisoned not more than

two years. (May 16, 1884, ch. 52, sec. 3, 23 Stat. 23 ; Mar. 4, 1909, ch. 321, sec. 158, 35 Stat. 1118.)

273. Uttering counterfeit notes of foreign banks.—Whoever,

within the United States or any place subject to the jurisdiction

thereof, shall utter, pass, put off, or tender in payment, with intent

to defraud, any such false, forged, altered, or counterfeited bank

note or bill, mentioned in section 272 of this title, know^ing the same

to be so false, forged, altered, and counterfeited, whether the same was made, forged, altered, or counterfeited within the United States

or not, shall be fined not more than $1,000 and imprisoned not more

than one year. (May 16, 1884, ch. 52, sec. 4, 23 Stat. 23 ; Mar. 4. 1909, ch. 321, sec. 159,^35 Stat. 1118.)

274. Possession of counterfeit foreign securities.—Whoever,

within the United States or any place subject to the jurisdiction

thereof, shall have in his possession any false, forged, or counterfeit

bond, certificate, obligation, security, treasury note, bill, promise to pay, bank note, or bill issued by a bank or corporation of any foreign country, with intent to utter, pass, or put off' the same, or to deliver the same to any other person with intent that the same may

thereafter be uttered, passed, or put off as true, or shall knowingly

deliver the same to any other person with such intent, shall be fined

not more than $1,000 and imprisoned not more than one year. (May 16, 1884, ch. 52, sec. 5. 23 Stat. 23 ; Mar. 4, 1909, ch. 321, sec. 160, 35 Stat. 1118.)

275. Possession of counterfeit plates of foreign securities.—

Whoever, within the United States or any place subject to the jurisdiction thereof, except by lawful authority, shall have control, cus- tody, or possession of any plate, stone, or other thing, or any part

thereof, from which has been printed or may be printed any counterfeit note, bond, obligation, or other security, in whole or in part, of

909
T. 18, § 277] GENERAL LAWS

any foreign government, bank, or corporation, or shall use such plate,

stone, or other thing, or knowingly permit or suffer the same to be

used in counterfeiting such foreign obligations, or an}'^ part thereof; or whoever shall make or engrave, or cause or procure to be made

or engraved, or shall assist in making or engraving, any plate, stone, or other thing in the likeness or similitude of any plate, stone, or

other thing designated for the printing of the genuine issues of the

obligations of any foreign government, bank, or corporation; or whoever shall print, photograph, or in any other manner make, execute, or sell, or cause to be printed, photographed, made, executed, or

sold, or shall aid in printing, photographing, making, executing, or

selling, any engraving, photograph, print, or impression in tlie like- ness of any genuine note, bond, obligation, or other security', or any

part thereof, of any foreign government, bank, or corporation; or whoever shall bring into the United States or any place subject to the jurisdiction thereof any counterfeit plate, stone, or other thing, or engraving, photograph, print, or other impressions of the notes,

bonds, obligations, or other securities of au}^ foreign government,

bank, or corporation, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (May 16, 1884, ch. 52, sec.

6, 23 Stat. 23; Mar. 4, 1909, ch. 321, sec. 161, 35 Stat, 1118.)

277. Counterfeiting gold or silver coins or bars.—Wlioever shall falsely make, forge, or counterfeit, or cause or procure to be falsely

made, forged, or counterfeited, or shall willingly aid or assist in

falsely making, forging, or counterfeiting any coin or bars in resemblance or similitude of the gold or silver coins or bars which have

been, or hereafter may be, coined or stamped at the mints and assay

offices of the United States, or in resemblance or similitude of any

foreign gold or silver coin which by law is, or hereafter may be, current in the United States, or are in actual use and circulation as monej'

within the United States; or whoever shall pass, utter, publish, or

sell, or attempt to pass, utter, publish, or sell, or bring into the United

States or any place subject to the jurisdiction thereof, from any for- eign place, knowing the same to be false, forged, or counterfeit, with

intent to defraud any body politic or corporate, or any person or per- sons whomsoever, or shall have in his possession any such false,

forged, or counterfeited coin or bars, knowing the same to be false,

forged, or counterfeited, with intent to defraud any body politic or

corporate, or any person or persons whomsoever, shall be fined not more than $5,000 and imprisoned not more than ten vears. (R.S.

sec. 5457; Jan. 16, 1877, ch. 24, 19 Stat. 223; Mar. 4, 1909, ch. 321, sec. 163, 35 Stat. 1119.)

278. Counterfeiting minor coins.—Whoever shall falsely make,

forge, or counterfeit, or cause or procure to be falsely made, forged,

or counterfeited, or shall willingly aid or assist in falsely making,

forging, or counterfeiting any coin in the resemblance or similitude

of any of the minor coins which have been, or hereafter may be,

coined at the mints of the United States; or whoever shall pass, utter,

publish, or sell, or bring into the United States or any place subject

to the jurisdiction thereof, from any foi-eign place, or have in his possession any such false, forged, or counterfeited coin, with intent to

910
GENERAL LAWS [T. 18, § 285 defraud any person whomsoever, shall be fined not more than $1,000

and imprisonod not more than three veurs. (K.S. sec. 5458; Mar. 4, 1909, ch. 321, sec. 1G4, 35 Stat. 1119.)

'

279. Falsifying, mutilating, or lightening coins.—Whoever, fraudulently, by any art, way, or means, shall deface, mutilate, impair,

diminish, falsify, scale, or lighten, or cause or procure to be fraudulently defaced, uuitilated, impaired, diminished, falsified, scaled, or

lightened, or willingly aid or assist in fraudulently defacing, mutilating, imparing, diminishing, falsifying, scaling, or lightening, the gold

or silver coins which have been, or which may hereafter be, coined at the mints of the United States, or any foreign gold or silver coins

which are by law made current or are in actual use or circulation as money within the United States or in any place subject to the jurisdiction thereof; or whoever shall pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell, or bring into the United

States or any place subject to the jurisdiction thereof, from any

foreign place, knowing the same to be defaced, mutilatecl, impaired,

diminished, falsified, scaled, or lightened, with intent to defraud any

person whomsoever, or shall have in his possession any such defaced,

mutilated, impaired, diminished, falsified, scaled, or lightened coin,

knowing the same to be defaced, mutilated, impaired, diminished,

falsified, scaled, or lightened, with intent to defraud any person

whomsoever, shall be fined not more than $2,000 and imprisoned not more than five years. (R.S. sec. 5459; Mar. 3, 1897, ch. 377, 29 Stat. 625 ; Mar. 4, 1909, ch. 321, sec. 165, 35 Stat. 1119.)

284. Counterfeiting dies for foreign coins.—Whoever, within the

United States or any place subject to the jurisdiction thereof, without

lawful authority, shall make, or cause or procure to be made, or shall willingly aid or assist in making, any die, hub, or mold, or any part

thereof, either of steel or of plaster, or of any other substance'whatsoever, in the likeness or similitude, as to the design or the inscription

thereon, of any die, hub, or mold designated for the coining of the

genuine coin of any foreign government; or whoever, without lawful

authority, shall have in his possession any such die, hub, or mold, or any part thereof, or shall conceal, or knowingly suffer the same to be

used for the counterfeitinjt^ of any foreign coin, shall be fined not more than $2,000, or imprisoned not more than five years, or both.

(Feb. 10, 1891, ch. 127, sec. 2, 26 Stat. 742; Mar. 4, 1909, ch. 321, sec. 170, 35 Stat. 1120.)

285. Making, importing, or possessing tokens similar to United

States or foreign coins.—Whoever within the United States or any

place subject to the jurisdiction thereof shall make, or cause or procure to be made, or shall bring therein from any foreign country,

or shall have in possession with intent to sell, give away, or in any

other manner use the same, any business or professional card, notice,

placard, token, device, print, or impression, or any other thing

whatsoever, in the likeness or similitude as to design, color, or the

inscription thereon of any of the coins of the United States or of

any foreign country that have been or may be issued as money,

either under the authority of the United States or under the authority of any foreign government, shall be fined not more than

911
T. 18, § 287] GENERAL LAWS

$100. But nothing in this section shall be construed to forbid or prevent the printing and publishing of illustrations of coins and

medals or the making of the necessary plates for the same to be

used in illustrating numismatic and historical books and journals

and school arithmetics and the circulars of legitimate publishers

and dealers in the same. (Feb. 10, 1891, ch. 127, sec. 3, 26 Stat. 742; Mar. 3, 1903, ch. 1015. 32 Stat. 1223; Mar. 4, 1909, ch. 321, sec. 171, 35 Stat. 1121; Feb. 15,'l912, ch. 38, 37 Stat. 64.)

287. Search warrant for suspected counterfeits; forfeiture.—

The several judges of courts established under the laws of the United

States and United States commissioners may, upon proper oath or

affirmation, within their respective jurisdiction, issue a search warrant authorizing any marshal of the United States, or an}^ other

person specially mentioned in such warrant, to enter any house,

store, building, boat, or other place named in such warrant, in which

there shall appear probable cause for believing that the manufacture of counterfeit money, or the concealment of counterfeit money,

or the manufacture or concealment of counterfeit obligations or

coins of the United States or of any foreign government, or the

manufacture or concealment of dies, hubs, molds, plates, or other

things fitted or intended to be used for the manufacture of counterfeit money, coins, or obligations of the United States or of any

foreign govermnent, or of any bank doing business under the

authority of the United States or of any State or Territory thereof, or of any bank doing business under the authority of any foreign

government, or of any political division of any foreign government,

is being carried on or practiced, and there search for any sucii counterfeit money, coins, dies, hubs, molds, plates, and other things,

and for any such obligations, and if any such be found, to seize

and secure the same and to make return thereof to the proper authority ; and all such counterfeit money, coins, dies, hubs, molds, plates,

and other things, and all such counterfeit obligations so seized shall

be forfeited to the United States. (Feb. 10, 1891, ch. 127, sec. 5, 26 Stat. 743; Mar. 4, 1909, ch. 321, sec. 173, 35 Stat. 1121.)

288. " Foreign government " defined.—The words " foreign government," as used in sections 270, 271, 275, and 284 to 287 of this

title, shall be deemed to include any government, faction, or body of

insurgents within a country with which the United States is at peace, which government, faction, or body of insurgents may or may

not have been recognized by the United States as a government.

(June 15, 1917, ch. 30, title VIII, sec. 4, 40 Stat. 226.)

CHAPTER 8.—OFFENSES AGAINST POSTAL SERVICE

Ceoss-References For provision extending to the Canal Zone, tlie laws of the United States

defining crimes against the Postal Service, insofiir as they are not locally

inapplicable; and providing the manner of enfoiceraent of such laws, see Canal Zone Code, title 5, section 111. Opening or publishing sealed letters, see Canal Zone Code, title 5, section 808. Section 301. Definition.—The words " postal service," wherever

used in this chapter, shall be held and deemed to include the " Post

Office Department." (Mar. 4, 1909, ch. 321, sec. 231, 35 Stat. 1134.)

912
GENERAL LAWS [T. 18, § 307

302. Conducting post office without authority.—Whoever, without authority from the Postmaster General, shall set up or profess

to keep any office or place of business bearing the sign, name, or title of post office, shall be fined not more than $500. (U.S. sec. 3829;

Mar. 4, 1909, ch. 321, sec. 179, 35 Stat. 1123.)

303. Illegal carrying of mail by officials.—Whoever, being con- cerned in carrying the mail, shall collect, receive, or carry any letter or packet, or cause or procure the same to be done, contrary to law,

shall be fined not more than $50, or imprisoned not more than thirty

days, or both. (E.S. sec. 3981 ; Mar. 4, 1909, ch. 321, sec. 180, 35 Stat. 1123.)

304. Conveying mail by private express; delivery to post office allowed.—Whoever shall establish any private express for the con- veyance of letters or packets, or in any manner cause or provide for

the conve3^ance of the same by regular trips or at stated periods over any post route which is or may be established by law, or from any

city, town, or place, to any other city, town, or place, between which

the mail is regularly carried, or whoever shall aid or assist therein

shall be fined not more than $500, or imprisoned not more than six

months, or both. Nothing contained in this section shall be con- strued as prohibiting any person from receiving and delivering to the nearest post office, postal car, or other authorized depository for

mail matter, any mail matter properly stamped. (R.S. sec. 3982;

Mar. 3, 1879, ch. 180, sec. 1, 20 Stat. 356; Mar. 4, 1909, ch. 321, sec. 181, 35 Stat. 1123.)

305. Transporting persons unlawfully conveying mail.—^Whoever, being the owner, driver, conductor, master or other person having charge of any stagecoach, railway car, steamboat, or other vehicle or vessel, shall knowingly convey or knowingly permit the con- veyance of any person acting or employed as a private express for

the conveyance of letters or packets, and actually in possession of

the same for the purpose of conveying them, contrar}'^ to law, shall

be fined not more than $150. (R.S. sec. 3983; Mar. 4, 1909, ch. 321.

sec. 182, 35 Stat. 1124.)

306. Sending letters by private express.—Wlioever shall trans- mit by private express or other unlawful means, or deliver to any

agent thereof, or deposit or cause to be deposited at any appointed

place, for the purpose of being so transmitted, any letter or packet,

shall be fined not more than $50. (R.S. sec. 3984; Mar. 4, 1909, ch. 321, sec. 183, 35 Stat. 1124.)

307. Carrying letters out of the mail over post routes.—Whoever, being the owner, driver, conductor, master, or other person having charge of any stagecoach, railway car, steamboat, or conveyance

of any kind which regularly performs trips at stated periods on any

post route, or from any city, town, or place to any other city, town,

or place between which the mail is regularly carried, and which shall carry, otherwise than in the mail, any letters or packets, except such

as relate to some part of the cargo of such steamboat or other vessel, to the current business of the carrier, or to some article carried at the

913
T. 18, § 308] GENERAL LAWS

same time by the same stagecoach, railway car, or other vehicle, ex- cept as otherwise provided bv law, shall be fined not more than $50.

(K.S. sec. 3985; Mar. 4, 1909, ch. 321, sec. 184, 35 Stat. 1124.)

308. Carrying letters out of the mail on vessels.—Whoever shall carry any letter or packet on board any vessel which carries the mail,

otherwise than in such mail, except as otherwise provided by law,

shall be fined not more than $50, or imprisoned not more than one month, or both. (R.S. sec. 3986; Mar. 4, 1909, ch. 321, sec. 185, 35

Stat. 1124.)

Cboss-Reiference

See, also, title 39, section 496. Section 309. When conveyance by private person is lawful.—

Nothing in this chapter shall be construed to prohibit the conveyance

or transmission of letters or packets by private hands without compensation, or by special messenger employed for the particular

occasion only. (R.S. sec. 3992 ; Mar. 4, 1909, ch. 321, sec. 186, 35 Stat. 1124.)

310. Wearing carrier's uniform without authority.—Whoever,

not being connected with the letter-carrier branch of the Postal

Service, shall wear the uniform or badge which may be prescribed

by the Postmaster General, to be worn bj^ letter carriers, shall be

fined not more than $100, or imprisoned not more than six months,

or both. (R.S. sec. 3867; Mar. 4, 1909, ch. 321, sec. 187, 35 Stat. 1124.)

311. Vehicles claiming to be mail carriers.—It shall be unlawful

to paint, print, or in any manner to place upon or attach to any

steamboat or other vessel, or any car, stagecoach, vehicle, or other

conveyance, not actually used in carrying the mail, the words

" United States Mail," or any words, letters, or characters of like

import; or to give notice, by publishing in any newspaper or otherwise, that an}' steamboat or other vessel, or any car, stagecoach,

vehicle, or other conveyance, is used in carrying the mail, when the same is not actually so used; and every person who shall violate, and

every owner, receiver, lessee, or managing operator thereof, who shall cause, suffer, or permit the violation of any provision of this section, shall be liable, and shall be fined not more than $1,000, or imprisoned

not more than two years, or both. (R.S. sec. 3979; Mar. 4, 1909, ch. 321, sec. 188,35 Stat. 1124.)

312. Injuring mail bags.—AVhoever shall tear, cut, or otherwise

injure any mail biig, pouch, or other thing used or designed for use

in the conveyance of the mail, or shall draw or break any staple or

loosen any part of any lock, chain, or strap attached thereto, with

intent to rob or steal any sucli mail, or to render the same insecure,

shall be fined not more than $500, or imprisoned not more than three

years, or both. (R.S. sec. 5470; Mar. 4, 1909, ch. 321, sec. 189, 35

Stat. 1124.)

313. Stealing post-office property.—Whoever shall steal, purloin, or embezzle any mail bag or other property in use by or belonging to the Post Office Department, or shall appropriate any such property

914
GENERAL LAWS [T. 18, § 317

to his own or any other than its proper use, or shall convey away any

such property to the hindrance or deteriuient of the public service, shall be fined not more than $200, or imprisoned not more than three

years, or both. (R.S. sec. 5475; Mar. 4. 1909, ch. 321, sec. 190, 35

'Stat. 1124.)

314. Stealing or forging mail locks or keys.—"\A^ioever shall steal,

purloin, embezzle, or obtain by any false pretense, or shall aid or

assist in stealing, purloining, embezzling, or obtaining by any false pretense, any key suited to any lock adopted by the Post Office Department and in use on any of the mails or bags thereof, or any key

to an}^ lock box, lock drawer, or other authorized receptacle for the

deposit or delivery of mail matter ; or whoever shall knowingly and

unlawfully make, forge, or counterfeit, or cause to be unlawfully

made, forged, or counterfeited, any such key, or shall have in his

possession any such mail lock or key with the intent unlawfully or improperly to use, sell, or otherwise dispose of the same, or to cause

the same to be unlawfully or improperly used, sold, or otherwise dis- posed of ; or whoever, being engaged as a contractor or otherwise in

the manufacture of any such mail lock or key, shall deliver or cause

to be delivered, any finished or unfinished lock or key used or designed for use by the department, or the interior part of any such

lock, to any person not duly authorized under the hand of the Post- master General and the seal of the Post Office Department, to receive

the same, unless the person receiving it is the contractor for furnishing the same or engaged in the manufacture thereof in the manner

authorized by the contract, or the agent of such manufacturer, shall be fined not more than $500 and imprisoned not more than ten years. (R.S. sec. 5477; Mar. 4, 1909, ch. 321, sec. 191, 35 Stat. 1125.)

315. Breaking into and entering post office.—Whoever shall for- cibly break into or attempt to break into any post oiii e, or any building used in whole or in part as a post office, with intent to commit

in such post office, or building, or part thereof, so used, any larceny

or other depredation, shall be fined not more than $1,000 and imprisoned not more than five years. (R.S. sec. 5478 ; Mar. 4, 1909, ch. 321, sec. 192, 35 Stat. 1125.)

316. Unlawfully entering post-office car.—Whoever, by violence,

shall enter a post-office car, or any apartment in any car, steamboat,

or vessel, assigned to the use of the mail service, or shall willfully or maliciously assault or interfere with any postal clerk in the dis- charge of his duties in connection with such car, steamboat, vessel, or apartment thereof, or shall willfully aid or ass.st therein, shall be

fined not more than $1,000, or imprisoned not more than three years, or both. (Mar. 3, 1903, ch. 1009, sec. 5, 32 Stat. 1176; Mar. 4, 1909,

ch. 321, sec. 193, 35 Stat. 1125.)

317. Stealing, secreting, or embezzling mail matter.—Whoever

shall steal, take, or abstract, or by fraud or deception obtain, from

or out of any mail, post office or station thereof, or other authorized

depository for majl matter, or from a letter or mail carrier, any

letter, postal card, package, bag, or mail, or shall abstract or remove from any such letter, package, bag, or mail, any article or thing con915
T. 18, § 318] GENERAL LAWS

tained therein, or shall secrete, embezzle, or destroy any such letter,

postal card, package, bag, or mail, or any article or thing contained

therein; or whoever shall steal, take, or abstract, or by fraud or deception obtain any letter, postal card, package, bag, or mail, which

has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or whoever shall buy,

receive, or conceal, or aid in buying, receiving, or concealing, or

shall unlawfully have in his possession, any letter, postal card,

package, bag, or mail, or any article or thing contained therein,

which has been so stolen, taken, embezzled, or abstracted, as herein

described, knowing the same to have been so stolen, taken, embezzled,

or abstracted ; or whoever shall take any letter, postal card, or package out of any post office or station thereof, or out of any authorized

depository for mail matter, or from any letter or mail carrier, or which has been in any post office or station thereof, or other au- thorized depository, or in the custody of any letter or mail carrier,

before it has been delivered to the person to whom it was directed,

with a design to obstruct the correspondence, or to pry into the busi- ness or secrets of another, or shall open, secrete, embezzle, or destroy the same, shall be fined not more than $2,000, or imprisoned not more than five years, or both. (R.S. sees. 3892, 54G9, 5470; Mar.

4, 1909, ch. 321, sec. 194, 35 Stat. 1125 ; Feb. 25, 1925, ch. 318, 43 Stat. 977.)

318. Postmaster or employee detaining, destroying, or embezzling mail matter.—Whoever, being a postmaster or other person

employed in any department of the Postal Service, shall unhnvfuUy

detain, delay, or open any letter, postal card, package, bag or mail

intrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any

carrier, messenger, agent, or other person emploj^ed in any department of the Postal Service, or forwarded through or delivered from

any post office or station thereof established by authority of the Post- master General ; or shall secrete, embezzle, or destro}'" any such letter,

postal card, package, bag, or mail ; or shall steal, abstract, or remove from any such letter, package, bag, or mail, any article or thing contained therein, shall be fined not more than $500, or imprisoned not more than five years, or both. (R.S. sees. 3890, 3891, 5467; Mar. 4,

1909, ch. 321, sec. 195, 35 Stat. 1125.)

319. Detaining or destroying newspapers.—Whoever, being a postmaster or other person empk)yed in any department of the

Postal Service, shall improperly detain, delay, embezzle, or destroy

any newspaper, or permit any other person to detain, delay, embezzle, or destroy the same, or open, or permit any other person to open, any

mail or package of newspapers not directed to the office where he is employed ; or whoever shall open, embezzle, or destroy any mail or package of newspapers not being directed to him, and he not being

authorized to open or receive the same ; or whoever shall take or steal any mail or package of newspapers from any post office or from any

person having custody thereof, shall be fined not more than $100, or imprisoned not more than one year, or both. (R.S. sec. 5471; Mar.

4, 1909, ch. 321, sec. 196, 35 Stat. 1126.)

916
GENERAL LAWS [T. 18, § 324

320. Assaulting mail custodian and robbing mail; wounding cus- todian.—Whoever shall assault any person having lawful charge,

control, or custody of any mail matter, with intent to rob, steal, or purloin such mail matter or any part thereof, or shall rob any such

person of such mail or any part thereof, shall, for a first offense, be

imprisoned not more than ten years; and if in eifectmg or attempting to effect such robbery, he shall wound the person having custody

of the mail, or put his life in jeopardy by the use of a dangerous

weapon, or for a subsequent offense, shall be imprisoned twenty-five

years. (U.S. sees. 5472, 5473; Mar. 4, 1909, ch. 321, sec. 197, 35

Stat. 1126.)

321. Injury to letter boxes.—Whoever shall willfully or maliciously injure, tear down, or destroy any letter box or other receptacle

intended or used for the receipt or 'delivery of mail on any mail route, or shall break open the same, or .shall willfully or maliciously injure,

deface, or destroy any mail deposited tlierein, or shall willfully take

or steal such mail from or out of such letter box or other receptacle, or shall willfully aid or assist in any of the aforementioned offenses,

shall for every such offense be punished by a fine of not more than

$1,000 or by Imprisonment for not more than three years. (R.S.

sees. 3869, 5466; Apr. 21, 1902, ch. 563, sec. 1, 32 Stat. 113; Mar. 3, 1903, ch. 1009, sec. 3, 32 Stat. 1175; Mar. 4, 1909, ch. 321, sec. 198,

35 Stat. 1126; May 18, 1916, ch. 126, sec. 10, 39 Stat. 162; July 28,

1916, ch. 261, sec. 1, 39 Stat. 418.)

322. Deserting the mail.—Whoever, having taken charge of any

mail, shall voluntarily quit or desert the same before he has delivered

it into the post office at the termination of the route, or to some known mail carrier, messenger, agent, or other employee in the

Postal Service authorized to receive the same, shall be fined not more

than $500, or imprisoned not more than one year, or both. (R.S.

sec. 5474; Mar. 4, 1909, ch. 321, sec. 199, 35 Stat. 1126.)

323. Delivery of letters by master of vessel.—The master or other person having charge or control of any steamboat or other

vessel passing between ports or places in the United States, arriving

at any such port or place where there is a post office, shall deliver to the postmaster or at the post office, within three hours after his arrival, if in the daytime, and if at night, within two hours after the

next sunrise, all letters and packages brought by him or within his

power or control and not relating to the cargo, addressed to or

destined for such port or place, for which he shall receive from the

postmaster two cents for each letter or package so delivered, unless

the same is carried under a contract for carrying the mail; and for

every failure so to deliver such letters or packages, the master or other person having charge or control of such steamboat or other

vessel, shall be fined not more than $150. (R.S. sec. 3977; Mar. 4, 1909, ch. 321, sec. 200, 35 Stat. 1126.)

324. Obstructing the mail.—Whoever shall knowingly and willfully obstruct or retard the passage of the mail, or any carriage,

horse, driver, or carrier, or car, steamboat, or other conveyance or

vessel carrying the same,' shall be fined not more than $100, or im917
T. 18, § 325] GENERAL LAWS

prisoned not more than six months, or both. (R.S. sec. 3995; Mar.

4, 1909, ch. 321, sec. 201, 35 Stat. 112T.)

325. Ferryman delaying mail.—Whoever, being a ferryman, shall delay the passage of the mail by willful neglect or refusal to trans- port the same across any ferry, shall be fined not more than $100.

(R.S. sec. 399G; Mar. 4, 1909, ch. 321, sec. 202, 35 Stat. 1127.)

326. Letters carried in foreign vessel to be deposited in post

office; failure.—All letters or other mailable matter conveyed to or from any part of the United States by any foreign vessel, except such

sealed leiters relating to such vessel or any part of the cargo thereof

as may be directed to the owners or consignees of the vessel, shall

be subject to postage charge, whether addressed to any person in the

United States or elsewhere, provided they are conveyed by the packet

or other ship of a foreign country imposing postage on letters or other mailable matter conveyed to or from such country by any

vessel of the United States; and such letters or other mailable matter

carried in foreign vessels, except such sealed letters relating to the

vessel or any part of the cargo thereof as may be directed to the owners or consignees, shall be delivered into the United States post

office by the master or other person having charge or control of such

vessel when arriving, and be taken from the United States post office when departing, and the postage justly chargeable by law paid

thereon; and for refusing or failing to do so, or for conveying such

letters or other mailable matter, or any letters or other mailable

matter, intended to be conveyed in any vessel of such foreign country, over or across the United States, or any portion thereof, the party

offending shall be fined not more than $1,000. Except as otherwise

provided by treaty or convon.-ion the Postmaster General may require

the transportation by any steamships of mail between the United

States and any foreign port at the compensation fixed under authority of law. Upon refusal by the master or the commander of such

steamship or vessel to accept the mail, when tendered by the Post- master General or his representative, the collector or other officer of

the port, empowered to grant clearance, on no. ice of the refusal

aforesaid, shall withhold clearance until the collector or other officer of the port is informed by the Postmaster General or his representative that (he master or commander of the steamship or vessel has

accepted the mail or that conveyance by his steamship or vessel is no longer required by the Postmaster General. (R.S. sec. 401G;

Mar. 4. 1909, ch. 321, sec. 203, 35 Stat. 1127; Feb. 6, 1929, ch. 157, 45

Stat. 1153.)

327. Vessels to deliver letters at post office before entry; oath;

failure.—No vessel arriving within a port or collection district of

the United Sta.es shall be allowed to make entry or break bulk until

all letters on board are delivered to the nearest post office, and the

master or other person having charge or control thereof has signed

and sworn to the following declaration before the collector or other

pro})er customs officer:

I, A. B., master , of the , arriving from , and

now lying in the port of , do solemn]}^ swear (or affirm) that

I have to the best of my knowledge and belief delivered to the post

918
GENERAL LAWS [T. 18, § 330

office at every letter and every ba<^, packet, or parcel of letters which was on board the said vessel diirin*; her last voyaj^e, or which

were in ni^^ ])ossessi()n or under my power or control. And any master or other person havinfi; charge or control of such

vessel who shall break bulk befoie he has delivered such letters shall be fined not more than $100. (R.S. sec. 3988; Mar. 4, 1909, ch. 321,

sec. 204, 35 Stat. 1127.)

328. Using canceled stamps.—AVhoever shall use or attempt to use

in payment of postage, an}' canceled postage stamp, whether the same has been used or not; or shall remove, attempt to remove, or

assist in removing, the canceling or defacing marks from any postage

stamp, or tlie superscription from any stamped envelope, or postal

card, that has once been used in payment of postage, with the intent

to use the same for a like purpose, or to sell or offer to sell the same,

or shall knowingly have in possession any such postage stamp,

stamped envelope, or postal card, with intent to use the same, or shall knowingly sell or offer to sell any such postage stamp, s.amped

envelope, or postal card, or use or attempt to use the same in payment

of ]50stage; or whoever unlawfully and willfully shall remove from

any mail matter any stamp attached there' o in payment of postage;

or shall knowingly use or cause to be used in payment of postage, any

postage stamp, postal card, or stamped envelope, issued in pursuance

of law, which has already been used for a like purpose; shall, if he

be a person employed in the Postal Service, be fined not more than

$500, or imprisoned not more than three years, or both ; and if he be a person not employed in the Postal Service, shall be fined not more

than $500, or imprisoned not more than one year, or both. (R.S.

sees. 3922-3925; Mar. 3, 18T9, ch. 180, sec. 28, 20 Stat. 362; Mar. 4, 1909, ch. 321, sec. 205, 35 Stat. 1127.)

329. False returns to increase compensation.—Whoever, being a postmaster or other person employed in any branch of the Postal

Service, shall make, or assist in making, or cause to be made, a false return, statement, or account to any officer of the United States, or

shall make, assist in making, or cause lo be made, a false entry in

any record, book, or account, required by law or the rules or regulations of the Post Office Department to be kept in respect of the

business or operations of any post office or other branch of the Postal

Service, for the purpose of fraudulently increasing his compensation

or the compensation of the postmaster or any employee in a post

office ; or whoever, being a postmaster or other person employed in any

post office or station thereof, shall induce, or attempt to induce, for the

purpose of increasing the emoluments or compensation of his office, any person to deposit mail matter in, or forward in any matter for

mailing at, the office where such postmaster or other person is employed, knowing such matter to be properly mailable at another post

office, shall be fined not more than $500, or imprisoned not more than

two vears, or both. (June 17, 1878, ch. 259. sec. 1, 20 Stat 141 ; Aug.

4, 1886. ch. 901, sec. 3, 24 Stat. 221; Mar. 4, 1909, ch. 321, sec. 206, 35

S:at. 1128.)

330. Collecting unlawful postage.—Whoever, being a postmaster

or other person authorized to receive the postage of mail matter,

919
T. 18, § 331] GENERAL LAWS

shall fraudulently demand or receive any rate of postage or gratuity

or reward other than is provided by law for the postage of such mail

matter, shall be fined not more than $100, or imprisoned not more

than six months, or both. (R. S. sec. 3899 : Mar. 4, 1909, ch. 321,

sec. 207, 35 Stat. 1128.)

331. Unlawful pledging or sale of stamps; inducing purchases to increase pay.—Whoever, being a postmaster or other person employed in any branch of the Postal Service, and being intrusted

with the sale or custody of postage stamps, stamped envelopes, or

postal cards, shall use or dispose of them in the payment of debts, or in the purchase of merchandise or other salable articles, or pledge

or hypothecate the same, or sell or dispose of them except for cash

or sell or dispose of postage stamps or postal cards for any larger or less sum than the values indicated on their faces; or sell or dis- pose of stamped envelopes for a larger or less sum than is charged

therefor by the Post Office Department for like quantities; or sell or dispose of, or cause to be sold or disposed of, postage stamps,

stamped envelopes, or postal cards at any point or place outside of

the delivery of the office where such postmaster or other person is employed; or induce or attempt to induce, for the purpose of in- creasing the emoluments or compensation of such postmaster, or the

emoluments or compensation of any other person emploj^ed in such

post office or any station thereof, or the allowances or facilities provided therefor, any person to purchase at such post office or any

station thereof, or from any employee of such post office, postage

stamps, stamped envelopes, or postal cards ; or sell or dispose of postage stamps, stamped envelopes, or postal cards, otherwise than as provided by law or the regulations of the Post Office Department,

shall be fined not more than $500, or imprisoned not more than one

year, or both. (R. S. sec. 3920 ; June 17, 1878, ch. 259, sec. 1, 20 Stat. 141 ; Mar. 4, 1909, ch. 321, sec. 208, 35 Stat. 1128.)

332. Failing- to account for postage due.—Whoever, being a postmaster or other person engaged in the Postal Service, shall collect and fail to account for the postage due upon any article of mail matter which he may deliver, without having previously affixed and canceled the special stamp provided by law, or shall fail to affix such

stamp, shall be fined not more than $50. (Mar. 3, 1879, ch. 180,

sec. 27, 20 Stat. 362; Mar. 4, 1909, ch. 321, sec. 209, 35 Stat. 1128.)

333. Issuing unpaid-for money orders.—Whoever, being a postmaster or other person employed in any branch of the Postal Service,

shall issue a money order without having previously received the monev therefor, shall be fined not more than $500. (R.. S. sec. 4030;

Mar. 4, 1909, ch. 321, sec. 210, 35 Stat. 1129.)

334. Mailing obscene matter.—Every obscene, lewd, or lascivious,

and every filthy, book, pamphlet, picture, paper, letter, writing,

print, or other publication of an indecent character, and every article or thing designed, adapted, or intended for preventing conception

or producing abortion, or for any indecent or immoral use; and

every article, instrument, substance, drug, medicine, or thing which

is advertised or described in a manner calculated to lead another to

!>2()
GENERAL LAWS [T. IS, § 335

use or apply it for preventing conception or producing abortion, or

for any indecent or immoral purpose; and every written or printed

card, letter, circular, book, pamphlet, advertisement, or notice of any

kind giving information, directly or indirectly, where, or how, or from whom, or by what means any of the hereinbefore-mentioned

matters, articles, or things may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed, or how or by what

means conception may be prevented or abortion produced, whether

sealed or unsealed; and every letter, packet, or package, or other

mail matter containing any filthy, vile, or indecent thing, device, or substance; and every paper, writing, advertisement, or representation that any article, instrument, substance, drug, medicine, or thing may, or can, be used or applied for preventing conception or producing abortion, or for any indecent or immoral purpose; and

every description calculated to induce or incite a person to so use or apply any such article, instrument, substance, drug, medicine, or

thing, is hereby declared to be nonmailable matter and shall not be

conveyed in the mails or delivered from any post office or by any

letter carrier. Whoever shall knowingly deposit, or cause to be deposited, for mailing or delivery, anything declared by this section to be nonmailable, or shall knowingly take, or cause the same to be

taken, from the mails for the purpose of circulating or disposing

thereof, or of aiding in the circulation or disposition thereof, shall

be fined not more than $5,000, or imprisoned not more than five years, or both. The term " indecent " within the intendment of this

section shall include matter of a character tending to incite arson, murder, or assassination. (R. S. sec. 3893; July 12, 1876, ch. 186,

sec. 1, 19 Stat. 90; Sept. 26, 1888, ch. 1039, sec. 2, 25 Stat. 496; May

27, 1908. ch. 206. 35 Stat. 416; Mar. 4, 1909, ch. 321, sec. 211, 35 Stat. 1129; Mar. 4, 1911, ch. 241, sec. 2, 36 Stat. 1339.)

335. Mailing libelous and indecent matter on wrappers or envelopes.—All matter otherwise mailable by law, upon the envelope or

outside cover or wrapper of which, or any postal card upon which,

any delineations, epithets, terms, or language of an indecent, lewd,

lascivious, obsceno, libelous, scurrilous, defamatory, or threatening

character, or calculated by the terms or manner or style of display

and obviously intended to reflect injuriousl}' upon the character or conduct of another, may be written or printed or otherwise impressed or apparent, are hereby declared nonmailable matter, and

shall not be conveyed in the mails nor delivered from any post office nor by any letter carrier, and shall be withdrawn from the mails

under such regulations as the Postmaster General shall prescribe.

"Wlioever shall knowingly deposit or cause to be deposited, for mailing

or delivery, anything declared by this section to be nonmailable

matter, or shall knowingly take the same or cause the same to be

taken from the mails for the purpose of circulating or disposing

of or aiding in the circulation or disposition of the same, shall be

fined not more than $5,000, or imprisoned not more than five years, or both. (June 18, 1888, ch. 394, sec. 2, 25 Stat. 187; Sept. 26, 1888,

ch. 1039, sec. 1, 25 Stat. 496 ; Mar. 4, 1909, ch. 321, sec. 212, 35 Stat. 1129.)

93083—34 59 921
T. 18, § 336] GENERAL LAWS

336. Lottery, or gift enterprise circulars not mailable; place of

trial.—No letter, package, postal card, or circular concerning any

lottery, gift enterprise, or similar scheme offering prizes dependent

in whole or in part upon lot or chance ; and no lottery ticket or part

thereof, or paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon

the event of a lottery, gift enterprise, or similar scheme offering

prizes dependent in whole or in part upon lot or chance; and no

check, draft, bill, money, postal note, or money order, for the purchase of any ticket or part thereof, or of any share or chance in any

such lottery, gift enterprise, or scheme; and no newspaper, circular,

pamphlet, or publication of any kind containing any advertisement

of any lottery, gift enterprise, or scheme of any kind offering prizes

dependent in whole or in part upon lot or chance, or containing any

list of the prizes drawn or awarded by means of any such lottery,

gift enterprise, or scheme, whether said list contains any part or

all of such prizes, shall be deposited in or carried by the mails of the

United States, or be delivered by any postmaster or letter carrier.

Whoever shall knowingly deposit or cause to be deposited, or shall

knowingly send or cause to be sent, anything to be conveyed or delivered by mail in violation of the provisions of this section, or shall

knowingly deliver or cause to be delivered by mail an3^thing herein

forbidden to be carried by mail, shall be fined not more than $1,000, or imprisoned not more than two years, or both ; and for any subsequent offense shall be imprisoned not more than five years. Any per- son violating any provision of this section may be tried and punished

either in the district in which the unlawful matter or publication was

mailed, or to which it was carried by mail for delivery according to the direction thereon, or in which it was caused to be delivered by

mail to the person to whom it was addressed. (R.S. sec. 3894; July

12, 1876, ch. 186, sec. 2, 19 Stat. 90; Sept. 19, 1890, ch. 908, sec. 1, 26

Stat. 465 ; Mar. 2, 1895, ch. 191, 28 Stat. 963 ; Mar. 4, 1909, ch. 321, sec. 213, 35 Stat. 1129.)

Ckoss-Refekence For provisions relating generally to the suppression of lotteries, see Canal Zone Code, title 5, sections 471 to 477.

337. Official acting as lottery agent.—Whoever, being a postmaster or other person employed in the Postal Service, shall act

as agent for any lottery office, or under color of purchase or otherwise, vend lottery tickets, or shall knowingly send by mail or deliver any letter, paclaige, postal card, circular, or pamphlet advertising any lotter}^, gift enterprise, or similar scheme, offering prizes

dependent in whole or in part upon lot or chance, or any ticket, certificate, or instrument representing any chance, share, or interest in or dependent upon the event of any lottery, gift enterprise, or similar

scheme offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes awarded by means of any such

scheme, shall be fined not more than $100, or imprisoned not more

than one year, or both. (R.S. sec. 3851; Mar. 4, 1909, ch. 321, sec. 214, 35 Stat. 1130.)

822
GENERAL LAWH [T. 18, § 338a

338. Using mails to promote frauds; counterfeit money.—Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to- sell, dispose

of, loan, exchange, alter, give away, distribute, supply, or furnish

or procure for unlawful use any counterfeit or spurious coin, bank

note, paper money, or any obligation or security of the United States, or of any State, Territory, municipality, company, corporation, or

person, or anything represented to be or intimated or held out to be

such counterfeit or spurious article, or any scheme or artifice to obtain money by or through correspondence, by what is commonly

called the " sawdust swindle," or '' counterfeit-money fraud," or by

dealing or pretending to deal in what is commonly called " green

articles," " green coin," " green goods," " bills," " paper goods," " spurious Treasury notes," " United States goods," " green cigars," or any

other names or terms intended to be understood as relating to such

counterfeit or spurious articles, shall, for the purpose of executing

such scheme or artifice or attempting so to do, place, or cause to be

placed, any letter, postal card, package, writing, circular, pamphlet,

or advertisement, whether addressed to any person residing within or

outside the United States, in any post office, or station thereof, or

street or other letter box of the United States, or authorized depository for mail matter, to be sent or delivered by the post office establishment of the United States, or shall take or receive any such therefrom, whether mailed within or without the United States, or shall knowingly cause to be delivered by mail according to the direction

thereon, or at the place at which it is directed to be delivered by the

person to whom it is addressed, any such letter, postal card, package,

writing, circular, pamphlet, or advertisement, shall be fined not more

than $1,000, or imprisoned not more than five years, or both. (R.S.

sec. 5480; Mar. 2, 1889, ch. 393, sec. 1, 25 Stat. 873; Mar. 4, 1909; ch. 321, sec. 215, 35 Stat. 1130.)

Ceoss-Refeeencb Use of mails in connection with purchase and sale of securities, see title 15, sections 77a to 77aa.

338a. Mailing threatening communications.—Whoever, with in- tent to extort from any person any money or other thing of value,

shall knowingly deposit or cause to be deposited in any post office or station thereof, or in any authorized depository for mail matter,

to be sent or delivered by the post-office establishment of the United

States, any written or printed letter or other communication with or without a name or designating mark subscribed thereto, addressed

to any other person, and containing any threat (1) to injure the

person, property, or reputation of the addressee or of another or the reputation of a deceased person, or (2) to kidnap any person, or

(3) to accuse the addressee or any other person of a crime, or con- taining any demand or request for ransom or reward for the release

of any kidnaped person, shall be fined not more than $5,000 or im923
T. 18, § 338b] GENERAL LAWS

prisoned not more than twenty years, or both. (July 8, 1932, ch. 464,

sec. 1, 47 Stat. 649.)

Ceoss-Refeeence

Sending threatening letters with intent to extort money, see, also. Canal

Zone Code, title 5, section 686. 338b. Same; mailing in foreign country for delivery in United

States.—Whoever, with intent to extort from any person any money

or other thing of vahie, shall knowingly deposit or cause to be deposited in any post office or station thereof, or in any authorized

depository for mail matter of any foreign country any written or printed letter or other communication of the character described in

section 338a of this title, addressed to any person within the United

States, for the purpose of having such communication delivered by

the post-office establishment of such foreign country to the post-office

establishment of the United States and by it delivered to such addressee in the United States, and as a result thereof such communication is delivered by the post-office establishment of such foreign

country to the post-office establishment of the United States and by

it delivered to the address to which it is directed in the United

States, then such person shall be punished in the same manner and

to the same extent as provided in section 338a of this title : Provided,

That any person violating this section ma}^ be prosecuted either in

the district into which such letter or other communication was car- ried by the United States mail for delivery according to the direction

thereon, or in which it was caused to be delivered by the United

States mail to the person to whom it was addressed. (Julj^ 8. 1932,

ch. 464, sec. 2, 47 Stat. 649.)

339. Using fraudulent fictitious address.—Whoever, for the purpose of conducting, promoting, or carrying on, in any manner, by means of the post office establishment of the United States, any

scheme or device mentioned in the section last preceding or any other

unlawful business whatsoever, shall use or assume, or request to be

addressed by, any fictitious, false, or assumed title, name, or address, or name other than his own proper name, or shall take or receive from

any post office of the United States, or station thereof, or anj^ other

authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper

name, shall be punished as provided in section 338 of this title. (Mar.

2, 1889, ch. 393, sec. 2, 25 Stat. 873; j\Iar. 4, 1909, ch. 321, sec. 216, 35

Stat. 1131.)

340. Poisons or explosives not mailable; packing permitted; in- toxicating liquors; mailing; injurious intent.—All kinds of poison,

and all articles and compositions containing poison, and all poisonous

animals, insects, and reptiles, and explosives of all kinds, and inflammable materials, and infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, and all disease germs or scabs, and all other natural or artificial articles,

compositions, or material, of whatever kind, which may kill or in

924
GENERAL LAWS [T. 18, § 341 anywise hurt, harm, or injure another, or damage, deface, or otherwise injure the mails or other property, whether sealed as first-class matter or not, are hereby declared to be nonmailable matter and shall not be conveyed in the mails or delivered from any post office or sta- tion thereof, nor by any letter carrier; but the Postmaster General

may permit the transmission in the mails, under such rules and regulations as he shall prescribe as to prepartion and packing, of any

articles hereinbefore described which are not outwardly or of their

own force dangerous or injurious to life, health, or property: Provided, That the transmission in the mails of poisonous drugs and

medicines may be limited by the Postmaster General to shipments of

such articles from the manufacturer thereof or dealer therein to licensed physicians, surgeons, dentists, phai'macists, druggists, and

veterinarians, under such rules and regulations as he shall prescribe

Provided further, That all spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind are hereby declared to be nonmailable and shall not be deposited in or carried through the mails.

Whoever shall knowingly deposit or cause to be deposited for mailing

or delivery, or shall knowingly cause to be delivered by mail, according to the direction thereon, or at anj^ place at which it is directed to be delivered by the person to whom it is addressed, anything declared by this section to be nonmailable, unless in accordance with the

rules and regulations hereby authorized to be prescribed by the Post- master General, shall be fined not more than $1,000 or imprisoned not more than two years, or both ; and whoever shall knowingly deposit

or cause to be deposited for mailing or delivery, or shall knowingly

cause to be delivered by mail, according to the direction thereon or at any place to wdiich it is directed to be delivered by the person to whom it is addressed, anything declared by this section to be nonmailable, whether transmitted in accordance with the rules and regulations authorized to be prescribed by the Postmaster General or not,

with the design, intent, or purpose to kill or in anywise hurt, harm, or

injure another, or damage, deface, or otherwise injure the mails or

other property, shall be fined not more than $10,000 or imprisoned

not more than twenty years, or both. (Mar. 4, 1909, ch. 321, sec. 217,

35 Stat. 1131; May 25, 1920, ch. 196, 41 Stat. 620; Jan. 11, 1929, ch.

53, 45 Stat. 1072.)

341. Use of mails for advertisements of intoxicating liquors in

prohibition States.—No letter, postal card, circular, newspaper,

pamphlet, or publication of any kind containing any advertisement

of spirituous, vinous, malted, fermented, or other intoxicating liquors

of any kind, or containing a solicitation of an order or orders for said

liquors, or any of them, shall be deposited in or carried by the mails

of the United States, or be delivered by any postmaster or letter carrier, when addressed or directed to any person, firm, corporation, or

association, or other addressee, at any place or point in any State or Territory of the United States, or the District of Columbia, at which

it is by the law in force in the State or Territory or the District of Columbia at that time unlawful to advertise or solicit orders for such

liquors, or any of them, respectively. If the publisher of any news- paper or other publication or the agent of such publisher, or if any

925
T. 18, § 342] GENERAL LAWS

dealer in such liquors or his agent, shall knowingly deposit or cause

to be deposited, or shall knowingly send or cause to be sent, anything

to be conveyed or delivered by mail in violation of the provisions of

this section, or shall knowingly deliver or cause to be delivered by

mail anything herein forbidden to be carried by mail shall be fined

not more than $1,000 or imprisoned not more than six months, or both; and for any subsequent offense shall be imprisoned not more

than one year. Any person violating any provision of this section

may be tried and punished, either in the district in which the unlawful matter or publication was mailed or to which it was carried by

mail for delivery, according to direction thereon, or in which it was

caused to be delivered by mail to the person to whom it was addressed. The Postmaster General is hereby authorized and directed

to make public from time to time in suitable bulletins or public notices the names of States in which it is unlawful to advertise or solicit orders for such liquors : Provided, however. That nothing in this

section shall apply to newspapers published in foreign countries

when mailed to this country. (Mar. 3, 1917, ch. 162, sec. 5, 39 Stat. 1069; Mar. 4, 1917, ch. 192, 39 Stat. 1202; Feb. 24, 1919, ch. 18, sec. 1407, 40 Stat. 1151 ; Oct. 28, 1919, ch. 85, Title II, sec. 17, 41 Stat. 313.)

342. Same; ethyl alcohol for governmental purposes; wine for

sacramental purposes.—Section 341 of this title shall not be con- strued to apply to ethyl alcohol for governmental, scientific,

medicinal, mechanical, manufacturing, and industrial purposes, and

the Postmaster General shall prescribe suitable rules and regulations

to carry into effect this section and section 341, nor shall said sections

be held to prohibit the use of the mails by regularly ordained

ministers of religion, or by officers of regularly established churches,

for ordering wines for sacramental uses, or by manufacturers and

dealers for quoting and billing such wines for such purposes only.

(Oct. 3, 1917, ch. 63, sec. 1110, 40 Stat. 329.)

343. Certain letters or writings nonmailable; opening letters.—

Every letter, writing, circular, postal card, picture, print, engraving,

photograph, newspaper, pamphlet, book, or other publication, matter

or thing, of any kind, in violation of any of the provisions of

sections 25, 27, 31 to 38, inclusive, 98, 130 to 132, inclusive, 288,

381, 502, 611 to 633, inclusive, of this title, sections 213, 220 to 222,

inclusive, 231 to 235, inclusive, and 238 to 245, inclusive, of Title 22,

and sections 31 to 42 and 191 to 194 of Title 50 is hereby declared

to be nonmailable matter and shall not be conveyed in the mails or

delivered from any post office or by any letter carrier; but no

person other than an employee of the Dead Letter Office, duly

authorized thereto, or other person upon a search warrant authorized

by law, shall be authorized to open any letter not addressed to himself. (June 15, 1917, ch. 30, Title XII, sec. 1, 40 Stat. 230.)

Cross-Rkfeeence

Jurisdiction of district court and duties of district attorney in tlie Cannl Zone in respect to offenses under sections 343 to 345 of this title, see section 574 of this title.

826
GENERAL LAWS [T. 18, § 347 344. Letters or writings advocating treason declared nonmailable.—Every letter, writings, circular, postal card, picture, print, eno;raving, photograph, newspaper, pamphlet, book, or other publication, matter or thing, of any kind, containing any matter advocating

or urging treason, insurrection, or forcible resistance to any law of

the United States, is hereby declared to be nonmailable. (June 15,

1917, ch. 30, title XII, sec. 2, 40 Stat. 230.)

345. Using or attempting to use mails for transmission of matter declared nonmailable by title ; jurisdiction of offense.—Whoever

shall use or attempt to use the mails or Postal Service of the United

States for the transmission of any matter declared by sections 343

and 344 of this title to be nonmailable, shall be fined not more than

$5,000 or imprisoned not more than five years, or both. Any person

violating any provision of said sections may be tried and punished

either in the district in which the unlawful matter or publication was

mailed, or to which it was carried by mail for delivery according to the direction thereon, or in which it was caused to be delivered by

mail to the person to whom it was addressed. (June 15, 1917.

ch. 30, title XII, sec. 3, 40 Stat. 230.)

346. United States defined.—The term "United States", as used

in sections 343 to 345 of this title, includes the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States. (June 15, 1917, ch. 30, title XIII, sec.

1, 40 Stat. 231.)

347. Counterfeiting money orders.—Wlioever, with intent to defraud, shall falsely make, forge, counterfeit, engrave, or print, or cause or procure to be falsely made, forged, counterfeited, engraved,

or printed, or shall willingly aid or assist in falsely making, forging,

counterfeiting, engraving, or printing, any order in imitation of or purporting to be a money order issued by the Post Office Department, or by any postmaster or agent thereof ; or whoever shall forge

or counterfeit the signature of any postmaster, assistant postmaster,

chief clerk, or clerk, upon or to any money order, or postal note, or blank therefor provided or issued by or under the direction of the

Post Office Department, of the United States, or of any foreign

country, and payable in the United States, or any material signature

or indorsement thereon, or any material signature to any receipt or

certificate of identification thereon; or shall falsely alter, or cause

or procure to be falsely altered in any material respect, or knowingly aid or assist in falsely so altering any such money order or

postal note; or shall, with intent to defraud, pass, utter, or publish

any such forged or altered money order or postal note, knowing any

material signature or indorsement thereon to be false, forged, or

counterfeited, or any material alteration therein to have been falsely

made ; or shall issue any money order or postal note without having

previously received or paid the full amount of money payable therefor, with the purpose of fraudulently obtaining or receiving, or fraudulently enabling any other person, either directly or indirectly, to obtain or receive from the United States, or any officer, employee,

or agent thereof, any sum of money whatever ; or shall, with intent

to defraud the United States, or any person, transmit or present to,

927
T. 18, § 348] GENERAL LAWS

or cause or procure to be transmitted or presented to, any officer or emploj^ee, or at any office of the Government of the United States,

any mone}' order or postal note, knowing the same to contain any

forged or counterfeited signature to the same, or to any material

indorsement, receipt, or certificate thereon, or material alteration

therein unlawfully made, or to have been unlawfully issued without

previous payment of the amount required to be paid upon such

issue, shall be fined not more than $5,000, or imprisoned not more

than five j^ears, or both. (U.S. sec. 5463; Jan. 3, 1887, ch. 13, sec. 2, 24 Stat. 355; June 18, 1888, ch. 394, sec. 2, 25 Stat. 187; Mar. 4, 1909, ch. 321, sec. 218, 35 Stat. 1131.)

348. Counterfeiting postage stamps.—Whoever shall forge or

counterfeit any postage stamp, or any stamp printed upon any

stamped envelope, or postal card, or any die, plate, or engraving

therefor; or shall make or print, or knowingly use or sell, or have in

possession with intent to use or sell, any such forged or counterfeited

postage stamp, stamped envelope, postal card, die, plate, or engraving; or shall make, or knowingly use or sell, or have in possession

with intent to use or sell, any paper bearing the watermark of any

stamped envelope, or postal card, or any fraudulent imitation thereof

or shall make or print, or authorize or procure to be made or printed,

any postage stamp, stamped envelope, or postal card, of the kind

authorized and provided by the Post Office Department, without the

special authority and direction of said department; or shall, after

such postage stamp, stamped envelope, or postal card has been

printed, with intent to defraud, deliver the same to any person not

authorized by an instrument in writing, duly executed under the

hand of the Postmaster General and the seal of the Post Office Department, to receive it, shall be fined not more than $500, or imprisoned not more than five years, or both. (R.S. seo. 5464; Mar. 4,

1909, ch. 321, sec. 219, 35 Stat. 1132.)

349. Counterfeiting foreign stamps.—Whoever shall forge, or

counterfeit, or knowingly utter or use any forged or counterfeit

postage stamp or revenue stamp of any foreign government shall be

fined not more than $500, or imprisoned not more than five years, or both: Provided, /loicever, That nothing in this section shall be

held to repeal or mod fy section 350 of this title. The words " foreign government ", as used in this section shall be

deemed to include any government, faction, or body of insurgents

within a country with which the United States is at peace, which

government, faction, or body of insurgents may or may not have been

recognized by the United States as a government. (U.S. sec. 5465;

Mar. 4, 1909, ch. 321, sec. 220, 35 Stat. 1132; June 15, 1917, ch. 30,

title VIII, sec. 4, 40 Stat. 226; Mtiy 26, 1926, ch. 396, 44 Stat. 653.)

350. Printing and publishing of illustrations in black and white

of foreign postage or revenue stamps from defaced plates and

illustrations in black and white of portions of United States stamps

allowed.—Nothing in sections 275, 286, and 349 of this title, shall be

construed to forbid or j)i-event the printing or })ublishing of illustra- tions in bhick and white of foreign postage or revenue stamps from

plates so defaced as to indicate that the illustrations are not adapted

928
GENERAL LAWS [T. 18, § 354

or intended for use as stamps, or to prevent or forbid the making

of necessary jjlates therefor for use in philatelic or historical articles,

books, journals, or albums, or the circulars of legitimate publishers

or dealers in such stamps, books, journals, or albums. Nothing in

said sections shall be construed to forbid or prevent similar illustra- tions, in black and white only, in philatelic or historical articles,

books, journals, albums, or the circulars of legitimate publishers or dealers in such stamps, books, journals, albums, or circulars, of

such portion of the border of a stamp of the United States as may be

necessary to show minor differences in the stamp so illustrated, but

all such illustrations shall be at least four times as large as the

portion of the original United States stamp so illustrated. (Mar. 3, 1923, ch. 218, 42 Stat. 1437.)

351. Inclosing- higher in lower class matter.—Matter of the

second, third, or fourth class containing any writing or printing in

addition to the original matter, other than as authorized by law,

shall not be admitted to the mails, nor delivered, except upon payment of postage for matter of the first class, deducting therefrom

any amount which may have been prepaid by stamps affixed, unless

by direction of the Postmaster General such postage shall be remitted.

Whoever shall knowingly conceal or inclose any matter of a higher

class in that of a lower class, and deposit or cause the same to be

deposited for conveyance by mail, at a less rate than would be charged

for such higher class matter, shall be fined not more than $100.

(R.S. sec. 3887; Jan. 20, 1888, ch. 2, sec. 2, 25 Stat. 2; Mar. 4, 1909,

ch. 321, sec. 221, 35 Stat. 1132.)

352. Illegally approving bond.—Whoever, being a postmaster, shall

affix his signature to the approval of any bond of a bidder, or to the

certificate of sufficiency of sureties in any contract, before the said

bond or contract is signed by the bidder or contractor and his sureties, or shall knowingly, or without the exercise of due diligence,

approve any bond of a bidder with insufficient sureties, or shall knowingly make any false or fraudulent certificate, shall be forthwith

dismissed from office and be thereafter disqualified from holding

the office of postmaster ; and shall also be fined not more than $5,000, or imprisoned not more than one year, or both. (R.S. sec. 3947;

June 23, 1874, ch. 456, sec. 12, 18 Stat. 235; Mar. 4, 1909, ch. 321,

sec. 222, 35 Stat. 1133.)

353. Sobmitting false evidence as to second-class matter.—Whoever shall knovN^ngly submit or cause to be submitted to any postmaster or to the Post Office Department or any officer of the Postal

Service, any false evidence relative to any publication for the purpose

of securing the admission thereof at the second-class rate, for trans- portation in the mails, shall be fined not more than $500. (Mar. 3, 1879, ch. 180, sec. 13, 20 Stat. 359 ; June 18, 1888, ch. 394, sec. 1, 25

Stat. 187; Mar. 2, 1905, ch. 1304, 33 Stat. 823; Mar. 4, 1909, ch. 321,

sec. 223, 35 Stat. 1133.)

354. Inducing or prosecuting false claims for losses.—Whoever

shall make, allege, or present, or cause to be made, alleged, or presented, or assist, aid, or abet in making, alleging, or presenting, any

claim or application for indemnity for the loss of any registered

929
T. 18, § 355] GENERAL LAWS

letter, parcel, package, or other article or matter, or the contents

thereof, knowing such claim or application to be false, fictitious, or fraudulent; or whoever for the purpose of obtaining or aiding to obtain the payment or approval of any such claim or application,

shall make or use, or cause to be made or used, any false statement,

certificate, affidavit, or deposition; or whoever shall knowingly and

willfully misrepresent, or misstate, or, for the purpose aforesaid

shall knowingly and willfully conceal any material fact or circumstance in respect of any such claim or application for indemnity, shall

be fined not more than $500, or imprisoned not more than one year, or both. (Mar. 4, 1909, ch. 321, sec. 224, 35 Stat. 1133.)

355. Misappropriating postal funds; prima facie evidence; deposits permitted.—Whoever, being a postmaster or other person employed in or connected with any branch of the Postal Service, shall

loan, use, pledge, hypothecate, or convert to his own use, or shall

deposit in any bank, or exchange for other funds or property, except

as authorized b}^ law, any money or property coming into his hands

or under his control in any manner whatever, in the execution or under color of his office, employment, or service, whether the same

shall be the money or property of the United States or not; or shall

fail or refuse to remit to or deposit in the Treasury of the United

States or in a designated depository, or to account for or turn over

to the proper officer or agent, any such money or property, when

required so to do by law or the regulations of the Post Office Department, or upon demand or order of the Postmaster General, either

directly or through a duly authorized officer or agent, shall be deemed

guilty of embezzlement; and every such person, as well as every

other person advising or knowingly participating therein, shall be

fined in a sum equal to the amount or value of the money or property embezzled, or imprisoned not more than ten years, or both.

Any failure to produce or to pay over any such money or property,

when required so to do as above provided, shall be taken to be

prima facie evidence of such embezzlement; and upon the trial of

any indictment against any person for such embezzlement, it shall

be prima facie evidence of a balance against him to produce a transcript from the account books of the General Accounting Office. But nothing herein shall be construed to prohibit any postmaster

depositing, under the direction of the Postmaster General, in a

national bank designated by the Secretarj' of the Treasury for that

purpose, to his own credit as postmaster, any funds in his charge, nor prevent his negotiating drafts or other evidences of debt through

such bank, or through United States disbursing officers, or otherwise,

when instructed or required so to do by the Postmaster General,

for the purpose of remitting surplus funds from one post office to another. (R.S. sees. 4046, 4053 ; Mar. 4, 1909, ch. 321, sec. 225, 35

Stat. 1133; June 10, 1921, ch. 18, sec. 304, 42 Stat. 24.)

356. Employees interested in mail contracts.—Whoever, being a person employed in the Postal Service, shall become interested in

any contract for carrying the mail, or act as agent, with or without

compensation, for any contractor or person offering to become a contractor in any business before the department, shall be immediately

dismissed from office, and shall be fined not more than $5,000, or

030
GENERAL LAWS [T. 18, § 361 imprisoned not more than one year, or both. (R.S. sec. 412 ; Mar. 4,

1909, ch. 321, sec. 226, 35 Stat. 1134.)

357. Fraudulent use of official envelopes.—Whoever shall make

use of any official envelope, label, or indorsement authorized by

law, to avoid the payment of postage or registry fee on his private

letter, packet. pacKage, or other matter in the mail, shall be fined

not more than $300. (Mar. 3, 18Y7, ch. 103, sec. 5, 19 Stat. 335;

Mar. 3, 1879, ch. 180, sec. 29, 20 Stat. 362; July 5, 1884, ch. 234,

sec. 3, 23 Stat. 158; Julv 2, 1886, cli. 611, 24 Stat. 122; Mar. 4, 1909,

ch. 321, sec. 227, 35 Stat. 1134.)

358. Fraudulently increasing weight of mail.—Whoever shall place or cause to be placed any matter in the mails during the regular

weighing period, for the purpose of increasing the weight of the

mail, with intent to cause an increase in the compensation of the

railroad mail carrier over whose route such mail may pass, shall be

fined not more than $20,000, or imprisoned not more than five years, or both. (June 13, 1898, ch. 446, sec. 1, 30 Stat. 442; Mar. 4, 1909,

ch. 321, sec. 228, 35 Stat. 1134.)

359. Offenses against foreign mail in transit; indictments.—

Every foreign mail, shall, while being transported across the terri- tory of the United States under authority of law, be taken and

deemed to be a mail of the United States so far as to make any violation thereof, or depredation thereon, or offense in respect thereto, or any part thereof, an offense of the same grade, and punishable in

the same manner and to the same extent as though the mail was

a mail of the United States; and in any indictment or information

for any such offense, the mail, or any part thereof, may be alleged

to be, and on the trial of any such indictment or information it shall be deemed and held to be, a mail or part of a mail of the

United States. (U.S. sec. 4013; Mar. 4, 1909, ch. 321, sec. 229, 35

Stat. 1134.)

360. Omission to take oath.—Every person employed in the

Postal Service shall be subject to all penalties and forfeitures for

the violation of the laws relating to such service, whether he has

taken the oath of office or not. (U.S. sec. 3832; Mar. 4, 1909, ch. 321, sec. 230, 35 Stat. 1134.)

361. Mailing pistols, revolvers and other firearms capable of

being concealed on person.—Pistols, revolvers, and other firearms

capable of being concealed on the person are hereby declared to be

nonmailable and shall not be deposited in or carried by the mails

or delivered by any postmaster, letter carrier, or other person in

the Postal Service : Provided, That such articles may be conveyed in

the mails, unders such regulations as the Postmaster General shall

prescribe, for use in connection with their official duty, to officers of

the Army, Navy, Marine Corps, or officers' Reserve Corps ; to officers of the National Guard or Militia of the several States, Territories,

and Districts ; to officers of the United States or of the several States,

Territories, and Districts whose official duty is to serve process of

warrants of arrest or mittimus of commitment; to employees of the

Postal Service; and to watchmen engaged in guarding the property

981
T. IS, § 3S1] OENERAL LAWS

of the United States, the several States, Territories, and Districts:

And provided further, That such articles may be conveyed in the

mails to manufacturers of firearms or bona fide dealers therein in

customary trade shipments, including such articles for repairs or replacement of parts, from one to the other, under such regulations

as the Postmaster General shall prescribe. Whoever shall knowingly

deposit or cause to be deposited for mailing or delivery, or shall knowingly cause to be delivered by mail according to the direction

thereon, or at any place to which it is directed to be delivered by the

person to whom it is addressed, any pistol, revolver, or firearm,

declared by this section to be nonmailable, shall be fined not exceeding $1,000 or imprisoned not more than two years, or both, (Feb.

8, 1927, ch. 75, sec. 1, 44 Stat. 1059.)

CHAPTER 9.—OFFENSES AGAINST FOREIGN AND INTERSTATE

COMMERCE

Section 381. Violent interference with foreign commerce.

Whoever, with intent to prevent, interfere with, or obstruct or attempt to prevent, interfere with, or obstruct the expt)rtation

to foreign countries of articles from the United States, shall injure or destroy, by fire or explosives, such articles or the places where

they may be w^iile in such foreign commerce, shall be fined not more

than $10,000, or imprisoned not more than ten years, or both. The

term " United States," as used in this section, includes the Canal

Zone, and all territory and waters, continental or insular, subject

to the jurisdiction of the United States. (June 15, 1917. ch. 30, title IV, sec. 1, 40 Stat. 221 ; June 15, 1917, ch. 30, title XIII, sec. 1, 40

Stat. 231.)

Cross-Reference

Jurisdiction of the district court in tlie Canal Zone of offenses under this

section, see section 574 of this title. 387. Importing lottery tickets; interstate carriage.—Whoever

shall bring or cause to be brought into the United States or any

place subject to the jurisdiction thereof, from any foreign countr}',

for the purpose of disposing of the same, any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in

part upon lot or change, or any advertisement of, or list of the

prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme; or shall therein knowingly deposit or cause

to be deposited with any express company or other connnon carrier

for carriage, or shall carry, from one State, Territory, or District

of the United States, or place noncontiguous to but subject to the

jurisdiction thereof, to any other State, Territory, or District of the

United States, or place noncontiguous to but subject to the jurisdiction

thereof, or from any place in or subject to the jurisdiction of the

United States thi-ough a foreign country to any place in or subject to the jurisdiction thereof, or from any ])lace in or subject to the jurisdiction of the United States to a foreign country, any

paper, certificate, or instrument purporting to be or to represent

932
GENERAL LAWS [T. 18, § 390

a ticket, chance, share, or interest in or dependent upon, the event

of any such lottery, gift enterprise, or similar scheme, or any advertisement of, or list of the prizes drawn or awarded by means of,

any such lottery, gift enterprise, or similar scheme, or shall knowingly take or receive, or cause to be taken or received, any such

paper, certificate, instrument, advertisement, or list so brought, de-

])Osited, or transported, shall, for the first offense, be fined not more

than $1,000, or imprisoned not more than two years, or both; and

for any subsequent offense shall be imprisoned not more than two

years. (Mar. 2, 1895, ch. 191, 28 Stat. 963 ; Mar. 4, 1909, ch. 321,

sec. 237, 35 Stat. 1136.)

Note.—Sections 3S7 to 390 and 396 of this title are shown because of their express application to " places noncontiguous to but subject to the jurisdiction " of the United States. 388. Intoxicating liquors; by interstate shipment; delivery to other than bona fide consignee.—Any officer, agent, or employee of

any railroad company, express company, or other common carrier,

who shall knowingly deliver or cause to be delivered to any person

other than the person to whom it has been consigned, unless upon

the written order in each instance of the bona fide consignee, or

to any fictitious person, or to any person under a fictitious name,

any spirituous, vinous, malted, fermented, or other intoxicating

liquor of any kind which has been shipped from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country

into any State, Territory, or District of the United States, or place

noncontiguous to but subject to the jurisdiction thereof, shall be fined not more than $5,000, or imprisoned not more than two years, or

both. (Mar. 4, 1909, ch. 321, sec. 238, 35 Stat. 1136.)

389. Same; carrier collecting purchase price of interstate shipment.—Any railroad company, express company, or other common

carrier, or any other person vdio, in connection with the transportation of any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind, from one State, Territory, or District of

the United States, or place noncontiguous to but subject to the

jurisdiction thereof, into any other State, Territory, or District of

the United States, or place noncontiguous to but subject to the

jurisdiction thereof, or from any foreign countr}^ into any State,

Territory, or District of the United States, or place noncontiguous

to but subject to the jurisdiction thereof, shall collect the purchase

price or an}'' part thereof, before, on, or after delivery, from the

consignee, or from any other person, or shall in ^A\y manner act as the agent of the buyer or seller of any such liquor for the purpose

of buying or selling or completing the sale thereof, saving only in

the actual transportation and delivery of the same, shall be fined

not more than $5,000. (Mar. 4, 1909, ch. 321, sec. 239, 35 Stat. 1136.)

390. Same; shipping packages in interstate commerce not

plainly marked.—Whoever shall knowingly ship or cause to be

shipped, from one State, Territory, or District of the United States,

983
T. 18, § 396] GENERAL LAWS

or place noncontiguous to but subject to the jurisdiction thereof,

into any other State, Territory, or District of the United States, or

place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of

the United States, or place noncontiguous to but subject to the

jurisdiction thereof, any package of or package containing any

spirituous, vinous, malted, fermented, or other intoxicating liquor

of any kind, unless such package be so labeled on the outside cover

as to plainly show the name of the consignee, the nature of its contents, and the quantity contained therein, shall be fined not more

than $5,000; and such liquor shall be forfeited to the United States,

and may be seized and condemned by like proceedings as those

provided by law for the seizure and forfeiture of property imported

into the United States contrary to law. (Mar. 4, 1909, ch. 321, sec. 240, 35 Stat. 1137.)

396. Importing and transporting obscene books.—Whoever shall bring or cause to be brought into the United States, or any place

subject to the jurisdiction thereof, from any foreign country, or

shall therein knowingly deposit or cause to be deposited with any

express company or other common carrier, for carriage from one

State, Territory, or District of the United States or place noncontiguous to but subject to the jurisdiction thereof, to any other State,

Territory, or District of the United States, or place noncontiguous

to but subject to the jurisdiction thereof, or from any place in or

subject to the jurisdiction of the United States, through a foreign

country, to any place in or subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States

to a foreign country, any obscene, lewd, or lascivious, or any filthy

book, pamphlet, picture, motion-picture film, paper, letter, writing,

print, or other matter of indecent character, or any drug, medicine,

article, or thing designed, adapted, or intended for preventing

conception, or producing abortion, or for any indecent or immoral

use; or any written or printed card, letter, circular, book, pamphlet,

advertisement, or notice of any kind giving information, directly or indirectlj'^, where, how, or of whom, or by what means any of the

hereinbefore mentioned articles, matters, or things may be obtained

or made; or whoever shall knowingly take or cause to be taken

from such express company or other common carrier any matter or thing the depositing of which for carriage is herein made unlawful,

shall be fined not more than $5,000 or imprisoned not more than

five years, or both. (Feb. 8, 1897, ch. 172. 29 Stat. 512; Feb. 8, 1905,

ch. 550, 33 Stat. 705; Mar. 4, 1909, ch. 321, sec. 245, 35 Stat. 1138;

June 5, 1920, ch. 268, 41 Stat. 1060.)

397. White-slave traffic; terms defined.—The term "interstate

commerce," as used in this section and sections 398 to 404 of this

title, shall include transportation from any State or Territory or the District of Columbia to any other State or Territory or the

District of Columbia, and the term " foreign commerce " shall include

transportation from any State or Territory or the District of Columbia to any foreign country and from any foreign country to any

State or Territorv or the District of Columbia. (June 25, 1910,

ch. 395, sec. 1, 36 Stat. 825.) 934
GENERAL LAWS [T. 18, § 40<:»

398. Same; transportation of woman or girl for immoral purposes, or procuring ticket.—Any person who shall knowingly trans- port or cause to be transported, or aid or assist in obtaining

transportation for, or in transporting, in interstate or foreign commerce, or in any Territory or in the District of Columbia, any woman

or girl for the purpose of prostitution or debauchery, or for any

other immoral purpose, or w^ith the intent and purpose to induce,

entice, or compel such woman or girl to become a prostitute or to give herself up to debauchery, or to engage in any other immoral

practice; or who shall knowingly procure or obtain, or cause to be

procured or obtained, or aid or assist in procuring or obtaining, any

ticket or tickets, or any form of transportation or evidence of the

right thereto, to be used by any woman or girl in interstate or foreign

commerce, or in any Territory or the District of Columbia, in going

to an}'- place for the purpose of prostitution or debauchery, or for

any other immoral purpose, or with the intent or purpose on the part

of such person to induce, entice, or compel her to give herself up to the practice of prostitution, or to give herself up to debauchery, or any other immoral practice, whereby any such woman or girl shall

be transported in interstate or foreign commerce, or in any Territory

or the District of Columbia, shall be deemed guilty of a felony, and

upon conviction thereof shall be punished by a fine not exceeding

$5,000. or by imprisonment of not more than five years, or by both

such fine and imprisonment, in the discretion of the court. (June 25,

1910, ch. 395, sec. 2, 36 Stat. 825.)

399. Same; inducing transportation for immoral purposes.—

Any person who shall knowingly persuade, induce, entice, or coerce, or cause to be persuaded, induced, enticed, or coerced, or aid or

assist in persuading, inducing, enticing, or coercing any woman or

girl to go from one place to another in interstate or foreign commerce,

or in any Territory or the District of Columbia, for the purpose of

prostitution or debauchery, or for any other immoral purpose, or with the intent and purpose on the part of such person that such

woman or girl shall engage in the practice of prostitution or debauchery, or any other immoral practice, whether with or without her consent, and who shall thereby knowingly cause or aid or assist in

causing such woman or girl to go and to be carried or transported

as a passenger upon the line or route of any common carrier or

carriers in interstate or foreign commerce, or any Territory or the

District of Columbia, shall be deemed guilty of a felony and on conviction thereof shall be punished by a fine of not more than $5,000, or by imprisonment for a term not exceeding five years or by both

such fine and imprisonment, in the discretion of the court. (June

25, 1910, ch. 395, sec. 3, 36 Stat. 825.)

400. Same; inducing interstate transportation of woman or girl

under eighteen for immoral purposes.—Any person who shall knowingly persuade, induce, entice, or coerce any woman or girl under the

age of eighteen years from any State or Territory or the District of

Columbia to any other State or Territory or the District of Columbia,

with the purpose and intent to induce or coerce her, or that she shall

be induced or coerced to engage in prostitution or debauchery, or

985
T. 18, § 401] GENERAL LAWS

any other immoral practice, and shall in furtherance of such purpose

knowingly induce or cause her to go and to be carried or transported

as a passenger in interstate commerce upon the line or route of any

common carrier or carriers, shall be deemed guilty of a felony, and

on conviction thereof shall be punished by a fine of not more than

$10,000, or by imprisonment for a term not exceeding ten years, or by both such fine and imprisonment, in the discretion of the court,

(June 25, 1910, ch. 395, sec. 4, 36 Stat. 826.)

401. Same; jurisdiction of prosecutions.—Any violation of any

of sections 398 to 400 of this title shall be prosecuted in any court having jurisdiction of crimes within the district in which said violation was committed, or from, through, or into which any such woman

or girl may have been carried or transported as a passenger in interstate or foreign commerce, or in any Territory or the District of

Columbia, contrary to the provisions of any of said sections. (June

25, 1910, ch. 395, sec. 5, 36 Stat. 826.)

402. Same; (1) prevention of transportation in foreign com- merce of alien women and girls under international agreement;

Commissioner General of Immigration designated as authority to receive inform.ation ; duty to receive and keep statements of and

pertaining to them.—For the purpose of regulating and preventing

the transportation in foreign commerce of alien women and girls

for purposes of prostitution and debauchery, and in pursuance

of and for the purpose of carrjdng out the terms of the agreement

or project of arrangement for the suppression of the white-slave

traffic, adopted July 25, 1902, for submission to their respective

governments by the delegates of various powers represented at the

Paris Conference and confirmed by a formal agreement signed at Paris on May 18, 1904, and adhered to by the United Sfates on June 6, 1908, as shovrn by the proclamation of the President of the

United States, dated June 15, 1908, the Commissioner General of

Immigration is hereby designated as the authority of the United

States to receive and centralize information concerning the procuration of alien women and girls with a view to their debauchery, and

to exercise supervision over such alien women and girls, receive their

declarations, establish their identity, and ascertain from them who

induced them to leave their native countries, respectively; and it shall be the duty of said Commissioner General of Immigration to re- ceive and keep on file in his office the statements and declarations

which may be made by such alien women and girls, and those which

are hereinafter required pertaining to sucli alien women and girls en- gaged in prostitution or debauchery in this country, and to furnish

receipts for such statements and declarations provided for in sec- tions 397 to 404 of this title to the persons, respectively, making and

filing them.

(2) Statement by person keeping woman or girl for immoral

purposes; failure to file, making false statement, or failure to

disclose facts.—Every person who shall keep, maintain, control,

support, or harbor in an}^ house or place for the pur])osc of prostitution, or for any other immoral purpose, any alien woman or girl

within three years after she shall have entered the United States

936
GENERAL LAW8 [T. 18, § 403 from any country, party to the said arrangement for the suppression of the white-slave traffic, shall file with tl^e Commissioner General of Immigration a statement in writing setting forth the name

of such alien woman or girl, the place at which she is kept, and all facts as to the date of lier entry into the United States, the port

through which she entered, her age, nationality, and parentage,

and concerning her procuration to come to this country within the

knowledge of such person, and any person who shall fail within

thirty days after such person shall commence to keep, maintain,

control, support, or harbor in any house or place for the purpose

of prostitution, or for any other immoral purpose, any alien woman

or girl within three years after she shall have entered the United

States from any of the countries, party to the said arrangement

for the suppression of the white-slave traffic, to file such statement

concerning such alien woman or girl with the Commissioner General

of Immigration, or who shall knowingly and willfully state falsely or fail to disclose in such statement any fact within his knowledge

or belief with reference to the age, nationality, or parentage of any

such alien woman or girl, or concerning her procuration to come

to this country, shall be deemed guilty of a misdemeanor, and on

conviction shall be punished by a fine of not more than $2,000, or by imprisonment for a term not exceeding two years, or by both

such fine and imprisonment, in the discretion of the court. (3) Presumption of failure to file statement not on file; failure

to furnish not excused by self-criminating- tendency; immunity

from prosecution.—In any prosecution brought under sections 397

to 404 of this title, if it appear that any such statement required

is not on file in the office of the Commissioner General of Immigration, the person wdiose duty it shall be to file such statement shall

be presumed to have failed to file said statement, unless such person

or persons shall prove otherwise. No person shall be excused from

furnishing the statement, as required by this section, on the ground

or for the reason that the statement so required by him, or the

information therein, contained, might tend to criminate him or subject him to a penalty or forfeiture, but no person shall be prosecuted

or subjected to any penalt}^ or forfeiture under any law of the

United States for or on account of any transaction, matter, or thing,

concerning which he may truthfully report in such statement. (June 25, 1910, ch. 395, sec. 6, 36 Stat. 826.)

403. Same; "Territory", "person " construed; liability of per- sons or corporations for acts and omissions of officers, agents, or employees.—The term " Territory ", as used in sections 397 to 404 of

this title, shall include the Territory of Alaska, the insular posses- sions of the United States, and the Canal Zone. The word " person

" shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. When construing and enforcing the provisions

of sections 397 to 404, the act, omission, or failure of any officer,

agent, or other person, acting for or employed by any other person

or by any corporation, company, society, or association within the

scope of his employment or office, shall in every case be also deemed

to be the act, omission, or failure of such other person, or of such

ososr^—n4 Ro «)37
T. 18, § 404] GENERAL LAWS

company, corporation, society, or association, as well as that of the

person himself. (June 25, 1910, ch. 395, sec. 7, 36 Stat. 827.)

404. Citation.—Sections 397 to 404 of this title shall be known and

referred to as the " White Slave Traffic Act." (June 25, 1910, ch. 395, sec. 8, 36 Stat. 827.)

CHAPTER 10.—SLAVE TRADE AND PEONAGE

Section 446. Bringing kidnaped person into place subject to jurisdiction of United States.—Whoever shall knowingly and willfully bring into the United States or any place subject to the jurisdiction thereof, any person inveigled or forcibly kidnaped in any

other country, with intent to hold such person so inveigled or kidnaped in confinement or to any involuntary servitude; or whoever

shall knowingly and willfully sell or cause to be sold, into any condition of involuntary servitude, any other person for any term whatever; or whoever shall knowingly and willfully hold to involuntary servitude any person so brought or sold, shall be fined no't more

than $5,000 and imprisoned not more than five years. (June 23,

1874, ch. 464, sec. 1, 18 Stat. 251 ; Mar. 4, 1909, cli. 321, sec. 271, 35

Stat. 1142.)

CHAPTER 11—OFFENSES WITHIN ADMIRALTY, MARITIME, AND

TERRITORIAL JURISDICTION OF UNITED STATES

Cboss-Reference For provisions conferring upon the district court in the Canal Zone juris- diction over offenses under the criminal laws of the United States when committed upon the high seas and when the offender is found within or brought

into the Canal Zone, see Canal Zone Code, title 7, section 2G. Section 451. Places and waters applicable; on board American

vessel on high seas or Great Lakes; on land under exclusive control of United States; guano islands.—The crimes and offenses defined in this chapter shall be punished as herein prescribed

First. When committed upon the high seas, or on any other waters

within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, or when committed within the admiralty and maritime jurisdiction of the United

States and out of the jurisdiction of any particular State on board

any vessel belonging in whole or in part to the United States or any

citizen thereof, or to any corporation created by or under the laws

of the United States, or of any State, Territory, or District thereof.

Second. When committed upon any vessel registered, licensed, or

enrolled under the laws of the United States, and being on a voyage

upon the waters of any of the Great Lakes, namely : Lake Superior,

Lake Michigan, Lake Huron, Lake Saint Clair, Lake Erie, Lake

Ontario, or any of the waters connecting any of said lakes, or upon

the River Saint Lawrence where the same constitutes the international boundary line. Third. When committed within or on any lands reserved or ac- quired for the exclusive use of the United States, and under the

exclusive jurisdiction thereof, or any place purchased or otherwise

938
GENERAL LAWS [T. 18, § 455

acquired by the United States by consent of the le<2:islature of the

State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.

Fourth. On any island, rock, or key, containing deposits of guano,

which may, at the discretion of the President, be considered as appertaining to the United States. (R.S. sec. 5339 ; Sept. 4, 1890, ch. 874, 26 Stat. 424; Mar. 4, 1909, ch. 321, sec. 272, 35 Stat. 1142.)

452. Murder; first degree; second degree.—Murder is the unlawful killing of a human being with malice aforethought. Every

murder perpetrated by poison, Ijnng in wait, or any other kind of

willful, deliberate, malicious, and premeditated killing; or committed

in the perpetration of, or attempt to perpetrate, any arson, rape,

burglary, or robbery; or perpetrated from a premeditated design

unlawfully and maliciously to effect the death of any human being

other than him who is killed, is murder in the first degree. Any

other murder is murder in the second degree. (R.S. sec. 5339;

Mar. 4, 1909, ch. 321, sec. 273, 35 Stat. 1143.)

453. Manslaughter; voluntary ; involuntary.—Manslaughter is the

unlawful killing of a human being without malice. It is of two

kinds:

Voluntary—Upon a sudden quarrel or heat of passion.

Involuntary—In the commission of an unlawful act not amounting

to a felony, or in the commission of a lawful act which might

produce death, in an unlawful manner, or without due caution and

circumspection. (R.S. sec. 5341; Mar. 4, 1909, ch. 321, sec. 274, 35

Stat. 1143.)

454. Punishment; murder; manslaughter.—Every person guilty

of murder in the first degree shall suffer death. Every person

guilty of murder in the second degree shall be imprisoned not less than ten years and may be imprisoned for life. Every person

guilty of voluntary manslaughter shall be imprisoned not more

than ten years. Every person guilty of involuntary manslaughter

shall be imprisoned not more than three years, or fined not exceeding

$1,000, or both. (U.S. sees. 5339, 5343; Mar. 4, 1909, ch. 321, sec. 275, 35 Stat. 1143.)

455. Felonious assaults; to murder or rape; other felony; with

weapons; beating; simple assault.—Whoever shall assault another

with intent to commit murder, or rape, shall be imprisoned not more

than twenty years. Whoever shall assault another with intent to commit any felony, except murder, or rape, shall be fined not more

than $3,000, or imprisoned not more than ten years, or both. Whoever, with intent to do bodily harm, and without just cause or

excuse, shall assault another with a dangerous weapon, instrument,

or other thing, shall be fined not more than $1,000. or imprisoned

not more than five years, or both. Whoever shall unlawfully strike,

beat, or wound another, shall be fined not more than $500, or imprisoned not more than six months, or both. Whoever shall unlawfully

assault another, shall be fined not more than $300, or imprisoned

not more than three months, or both. (R.S. sec. 5346; Mar. 4, 1909,

ch. 321, sec. 276, 35 Stat. U43.)

939
T. 18, § 456] GENERAL LAW&

456. Other attempts at murder.—Whoever shall attempt to commit murder or manshuighter, except as provided in the i:)receding

section, shall be fined not more than $1,000 and imprisoned not more than three years. (R.S. sec. 5342; Mar. 4, 1909, ch. 321, sec. 277, 35 Stat. 1143.)

457. Rape.—Whoever shall commit the crime of rape shall suffer death. (R.S. sec. 5345: Mar. 4. 1909, ch. 321, sec. 278. 35 Stat. 1143.)

458. Carnal knowledge of female under sixteen.—Whoever shall

carnally and unlawfully knoAv any female under the age of sixteen

years, or shall be accessory to such carnal and unlawful knowledge

before the fact, shall, for a first offense, be imprisoned not more than

fifteen years, and for a subsequent offense be imprisoned not m.ore than thirty years. (Feb. 9, 1889, ch. 120, 25 Stat. 658; Mar. 4,

1909. ch. 321, sec. 279, 35 Stat. 1143.)

459. Seduction of female passenger on vessel.—Every master,

officer, seaman, or other person employed on board of any American

vessel, who, during the voyage, under promise of marriage, or b}'

threats, or the exercise of authority, or solicitation, or the making

of gifts or presents, seduces and has illicit connection with any

female passenger shall be fined not more than $1,000, or imprisoned

not more than one year, or both; but subsequent intermarriage of

the parties may be pleaded in bar of conviction. (R.S. sec. 5349;

Mar. 4, 1909, ch. 321, sec. 280, 35 Stat. 1143.)

460. Disposal of fine; evidence required.—When a person is convicted of a violation of the section last preceding, the court ma}-,

in its discretion, direct that the amount of the fine, when paid, bo

paid for the use of the female seduced, or her child, if she have

any; but no conviction shall be had on the testimony of the female

seduf ed, without other evidence, nor unless the indictment is found

within one year after the arrival of the vessel on which the offense was committed at the port of its destination. (R.S. sees. 5350, 5351;

Mar. 4, 1909, ch. 321, sec. 281, 35 Stat. 1144.)

461. Loss of life by misconduct of officers of vessels; liability

of corporation officer.—Every captain, engineer, pilot, or other per- son employed on any steamboat or vessel, by whose misconduct,

negligence, or inattention to his duties on such vessel the life of any

person is destroyed, and every owner, charterer, inspector, or other

public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall

be fined not more than $10,000, or imprisoned not more than ten

years, or both. When the owner or charterer of any steamboat or

vessel shall be a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such

steamboat or vessel, who has knoAvingly and willfully caused or allowed such fraud, neglect, connivance, misconduct, or violation

of law, by which the life of any person is destroyed, shall be fined

not more than $10,000, or imprisoned not more than ten years, or both. (R.S. sec. 5344; Mar. 3, 1905, ch. 1454, sec. 5, 33 Stat. 1025:

Mar. 4, 1909, ch. 321, sec. 282, 35 Stat. 1144.)

940
GENERAL LAWS [T. IS, § 467

462. Maiming.—Whoever, with intent to maim or disfigure, shall

cut. bite, or slit, the nose, ear, or lip, or cut out or disable the tongue,

or put out or destroy an eye, or cut off or disable a limb or any

member of anotlier person ; or whoever, with like intent, shall throw

or pour upon anotlier person, any scalding hot water, vitriol, or

other corrosive acid, or caustic substance whatever, shall be fined not more than $1,000, or imprisoned not more than seven years, or

both. (R.S. sec. 5348; Mar. 4, 1909, ch. 321, sec. 283, 35 Stat. 1144.)

463. Robbery.—Whoever, by force and violence, or by putting in

fear, shall feloniously take from the person or presence of anotlier

anything of value, shall be imprisoned not more than fifteen years. (R.S. sec. 5370; Mar. 4, 1909, ch. 321, sec. 284, 35 Stat. 1144.)

464. Arson of dwelling house.—Wlioever shall willfully and

maliciously set fire to, burn, or attempt to burn, or by means of a dangerous explosive destroy or attempt to destroy, any dwelling

house, or any store, barn, stable, or other building, parcel of a dwelling house, shall be imprisoned not more than twenty years. (R.S. sec. 5385; Mar. 4, 1909, ch. 321, sec. 285, 35 Stat. 1144.)

465. Arson of other buildings.—Whoever shall maliciously set

fire to, burn, or attempt to burn, or by any means destroy or injure, or attempt to destroy or injure, any arsenal, armory, magazine,

ropcAvalk, ship house, warehouse, blockhouse, or barrack, or any

storehouse, barn, or stable, not parcel of a dwelling house, or any

other building not mentioned in the section last preceding, or any

vessel built, building, or undergoing repair, or any lighthouse, or beacon, or any machinery, timber, cables, rigging, or other materials

or appliances for building, repairing, or fitting out vessels, or any

pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms or other munitions of war, shall be fined not more than $5,000 and imprisoned not more than twenty years. (R.S. sees. 5386, 5387; Mar. 4, 1909, ch. 321, sec. 286, 35 Stat. 1144.)

466. Larceny; determining value of vt^ritten instrument.—Whoever shall take and carry away, with intent to steal or purloin,

any personal property of another, shall be punished as follows: If

the property taken is of a value exceeding $50, or is taken from the

person of another, by a fine of not more than $10,000, or imprisonment for not more than ten years, or both; in all other cases, by a

fine of not more than $1,000, or by imprisonment not more than

one year, or both. If the property stolen consists of any evidence

of debt, or other v/ritten instrument, the amount of money due

thereon, or secured to be paid thereby and remaining unsatisfied, or which in any contingency might be collected thereon, or the value

of the property the title to which is shown thereby, or the sum

which might be recovered in the absence thereof, shall be deemed

to be the value of the property stolen. (R.S. sec. 5356; Mar. 4, 1909, ch. 321, sec. 287, 35 Stat. li44.)

467. Receiving stolen goods; trials.—Whoever shall buy, receive, or conceal, any money, goods, bank notes, or other thing which may

be the subject of larceny, which has been feloniously taken, stolen, or embezzled, from any other person, knowing the same to have

941
T. 18, § 481] GENERAL LAWS

been so taken, stolen, or embezzled, shall be fined not more than

$1,000 and imprisoned not more than three years; and such person

may be tried either before or after the conviction of the principal

offender. (K.S. sec. 6357; Mar. 4, 1909, ch. 321, sec. 288, 35

Stat. 1145.)

CHAPTER 12.—PIRACY AND OTHER OFFENSES UPON SEAS

Ckoss-Refeeence For provisions conferring upon the district court in the Canal Zone juris- diction over offenses under the criminal lavps of the United States when committed upon the high seas and the offender is found within or brought into the Canal Zone, see Canal Zone Code, title 7, section 26. Section 481. Piracy; punishment.—Wlioever, on the high seas, commits the crime of piracy as defined b}'' the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life. (R.S. sec. 5368; Jan. 15, 1897, ch. 29, sec. 2, 29

Stat. 487; Mar. 4, 1909, ch. 321, sec. 290, 35 Stat. 1145.)

482. Maltreatment of crew by officers of vessels; flogging.—

Whoever, being the master or officer of a vessel of the United

States, on the high seas, or on any other waters within the admiralty

and maritime jurisdiction of the United States, beats, wounds, or without justifiable cause, imprisons any of the crew of such vessel, or withholds from them suitable food and nourishment, or inflicts upon them any cruel and unusual punishment, shall be fined not more

than $1,000, or imprisoned not more than five j^ears, or both. This

section shall not be construed to repeal or modify section 712 of

Title 46. (R.S. sec. 5347; Mar. 3, 1897, ch. 389, sec. 18, 29 Stat. 691

Mar. 4, 1909, ch. 321, sec. 291, 35 Stat. 1145.)

483. Inciting revolt or mutiny on shipboard.—Wlioever, being of

the crew of a vessel of the United States, on the high seas, or on any

other waters within the admiralty and maritime jurisdiction of the

United States, endeavors to make a revolt or mutiny on board such

vessel, or combines, conspires, or confederates with any other person on board to make such revolt or mutiny, or solicits, incites, or stirs up any other of the crew to disobey or resist the lawful orders of the

master or other officer of such vessel, or to refuse or neglect their

proper duty on board thereof, or to betray their proper trust, or as- sembles with others in a tumultuous and mutinous manner, or makes

a riot on board thereof, or unlawfully confines the master or other

commanding officer thereof, shall be fined not more than $1,000, or imprisoned not more than five years, or both. (R.S. sec. 5359 ; Mar.

4, 1909, ch. 321, sec. 292, 35 Stat. 1146.)

484. Revolt or mutiny on shipboard.—Whoever, being of the crew

of a vessel of the United States, on the high seas, or on any other

waters within the admiralty and maritime jurisdiction of the United

States, unlawfully and with force, or by fraud, or intimidation,

usurps the command of such vessel from the master or other lawful

officer in command thereof, or deprives hira of authority and com- mand on board, or resists or prevents him in the free and lawful

exercise thereof, or transfers such authority and command to another

942
GENERAL LAWS [T. 18, § 488 not lawfully entitled thereto, is guilty of a revolt and mutiny, and

shall be fined not more than $2,U00 and imprisoned not more than

ten years. (R.S. sec. 5360; Mar. 4. 1909, ch. 321, sec. 293, 35 Stat. 1146.)

485. Seamen laying violent hands on commander.—Whoever, being a seaman, lays violent hands upon his commander, thereby to hinder and prevent his fighting in defense of his vessel or the goods

intrusted to him, is a pirate, and shall be impriironed for life. (R.S.

sec. 5369; Jan. 15, 1897, ch. 29, sec. 2, 29 Stat. 487; Mar. 4, 1909,

ch. 321, sec. 294, 35 Stat. 1146.)

486. Abandonment of mariner in foreign port.—Whoever, being

master or commander of a vessel of the United States, while abroad,

maliciously and without justifiable cause forces any officer or mariner of such vessel on shore, in order to leave him behind in any

foreign port or place, or refuses to bring home again all such

officers and mariners of such vessel whom he carried out with him,

as are in a condition to return and willing to return, when he is ready to proceed on his homeward voyage, shall be fined not more

than $500, or imprisoned not more than six months, or both. (R.S.

sec. 5363; Mar. 4, 1909, ch. 321, sec. 295, 35 Stat. 1146.)

487. Conspiracy to cast away vessel.—Whoever, on the high seas, or within the United States, willfully and corruptly conspires, combines, and confederates with any other person, such other person

being either within or without the United States, to cast away or otherwise destroy any vessel, with intent to injure any person that

may have underwritten or may thereafter underwrite any policy

of insurance thereon or on goods on board thereof, or with intent

to injure any person that has lent or advanced, or may lend or advance, any money on such vessel on bottomry or respondentia;

or whoever, within the United States, builds, or fits out, or aids in

building or fitting out, any vessel with intent that the same be cast

awaj'^ or destroyed, with the intent hereinbefore mentioned, shall be

fined not more than $10,000 and imprisoned not more than ten years. (R.S. sec. 5364; Mar. 4, 1909, ch. 321, sec. 296, 35 Stat. 1146.)

488. Plundering vessel in distress ; obstructing escape of wrecked

person; holding false light.—Whoever plunders, steals, or destroys

any money, goods, merchandise, or other effects, from or belonging

to an}'^ vessel in distress, or wrecked, lost, stranded, or cast away,

upon the sea, or upon any reef, shoal, bank, or rocks of the sea, or

in any other place within the admiralty and maritime jurisdiction

of the United States, shall be fined not more than $5,000 and

imprisoned not more than ten years ; and whoever willfully obstructs

the escape of any person endeavoring to save his life from such

vessel, or the wreck thereof; or whoever holds out or shows any

false light, or extinguishes any true light, with intent to bring any

vessel sailing upon the sea into danger, or distress, or shipwreck,

shall be imprisoned not less than ten years and may be imprisoned

for life. (R.S. sec. 5358; Mar. 4, 1909, ch. 321, sec. 297, 35 Stat. 1146.)

043
T. 18, § 489] GENERAL LAWS

489. Attacking vessel with intent to plunder.—Whoever, upon

the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, by surprise or by open force,

maliciously attacks or sets upon any vessel belonging to another, with

an intent unlawfully to plunder the same, or to despoil any owner

thereof of any moneys, goods, or merchandise laden on board thereof, shall be fined not more than ii55,000 and imprisoned not more than

ten years. (R.S. sec. 5361; Mar. 4, 1909, ch. 321, sec. 298, 35 Stat. 1147.)

490. Breaking and entering vessel.—Whoever, upon the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of an}' particular

State, breaks or enters any vessel, with intent to commit any felony, or maliciousl}^ cuts, spoils, or destroys any cordage, cable, buoj's, buoy

rope, head fast, or other fast, fixed to the anchor or moorings belonging to any vessel, shall be fined not more than $1,000 and imprisoned

not more than five years. (R.S. sec. 5362; Mar. 4, 1909, ch. 321, sec. 299, 35 Stat. 1147.)

491. Destroying vessel at sea; owner.—Whoever, upon the high

seas or anj^ other waters within the admiralty and maritime jurisdiction of the United States, willfully and corruptly casts away or otherwise destroj's any vessel, of which he is owner, in whole or in part,

with intent to prejudice any person that maj^ underwrite any policy

of insurance thereon, or any merchant that may have goods thereon, or any other owner of such vessel, shall be imprisoned for life or for any term of years. (R.S. sec. 5365; Aug. 6, 1894, ch. 227, sec.

1, 28 Stat. 233; Mar. 4, 1909, ch. 321, sec. 300, 35 Stat. 1147.)

492. Same; other person.—Whoever, not being an owner, upon

the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, willfully and corruptly casts away or otherwise destroys any vessel of the United States to which

he belongs, or, v/illfully, with intent to destroy the same, sets fire to any such vessel, or otherw^ise attempts the destruction thereof, shall

be imprisoned not more than ten years. (R.S. sees. 5366, 5367; Aug.

6, 1894, ch. 227, sec. 2, 28 Stat. 233 ; Mar. 4, 1909, ch. 321. sec. 301,

35 Stat. 1147.)

493. Robbery on shore by piratical crew.—Whoever, being en- gaged in any piratical cruise or enterprise, or being of the crew of

any piratical vessel, lands from such vessel, and on shore commits

robber}'^, is a pirate, and shall be imprisoned for life. (R.S. sec. 5371; Jan. 15, 1897, ch. 29, sec. 2, 29 Stat. 487; Mar. 4, 1909, ch. 321,

sec. 302, 35 Stat. 1147.

494. Arming vessel to cruise against citizens; trials.—Whoever,

being a citizen of the United States, without the limits thereof, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly aids or is concerned in furnishing, fit- ting out, or arming, any private vessel of war or privateer, with

intent that such vessel shall be employed to cruise or commit hostilities upon the citizens of the United States or their property, or whoever takes the command of or enters on board of any such vessel, 944
GENERAL LAWS [T. 18, § 499

for such intent, or who purchases any interest in any such vessel with

a view to sliare in the profits thereof, shall be fined not more than

$10,000 and imprisoned not more than ten years. The trial for such

offense, if committed without the limits of the United States, shall

be in the district in which the offender shall be apprehended or first brouiiht. (U.S. sec. 5324; Mar. 4, 1909, ch. 321, sec. 303, 35 Stat. 1147.)

495. Piracy under color of foreign commission.—Whoever, being

a citizen of the United States, commits any murder or robbery, or any act of hostility against the United States, or against any citizen

thereof, on the high seas, under color of any commission from any

foreign prince, or State, or on pretense of authority from any

person, is, notwithstanding the pretense of such authority, a pirate,

and shall be imprisoned for life. (R.S. sec. 5373; Jan. 15, 1897, ch.

29, sec. 2, 29 Stat. 487; Mar. 4, 1909, ch. 321, sec. 304, 35 Stat. 1147.)

496. Piracy by aliens.—Whoever, being a citizen or subject of any

foreign State, is found and taken on the sea making war upon the

United States, or cruising against the vessels and property thereof, or of the citizens of the same, contrary to the provisions of any

treaty existing between the United States and the State of which the

offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is guilty of piracy, and shall be imprisoned

for life. (R.S. sec. 5374; Jan. 15, 1897, ch. 29, sec. 2, 29 Stat. 487;

Mar. 4, 1909, ch. 321, sec. 305, 35 Stat. 1147.)

497. Running away with or yielding up vessel or cargo.—Wlioever, being a captain or other officer or mariner of a vessel upon the

high seas or on any other waters within the admiralty and maritime

jurisdiction of the United States, piratically or feloniously runs away with such vessel, or Avith any goods or merchandise thereof,

to the value of $50, or who yields up such vessel voluntarily to any

pirate, shall be fined not more than $10,000, or imprisoned not more

than ten vears, or both. (R.S. sec. 5383; Mar. 4, 1909, ch. 321, sec. 306, 35 Stat. 1148.)

498. Confederating v/ith pirates; confining master.—Whoever

attempts or endeavors to corrupt any commander, master, officer, or mariner to yield up or run away with any vessel, or with any goods,

wares, or merchandise, or to turn pirate or to go over to or confederate with pirates, or in any wise to trade with any pirate, knowing

him to be such, or furnishes such pirate with any ammunition, stores, or provisions of any kind, or fits out an}^ vessel knowingly and, with

a design to trade with, supply, or correspond with any pirate or robber upon the seas; or whoever consults, combines, confederates,

or corresponds with any pirate or robber upon the seas, knowing

him to be guilty of any piracy or robbery; or whoever, being a seaman, confines the master of any vessel, shall be fined not more than

$1,000 and imprisoned not more than three years. (R.S. sec. 5384;

Mar. 4, 1909, ch. 321, sec. 307, 35 Stat. 1148.)

499. Selling arms or intoxicants in Pacific islands ; medicinal use

of spirits.—Whoever, being subject to the authority of the United

States, shall give, sell, or otherwise supply any arms, ammunition,

945
T. 18, § 500] GENERAL LAW

8

explosive substance, intoxicating liquor, or opium to any aboriginal

native of any of the Pacific islands lying within the twentieth parallel of north latitude and the fortieth parallel of south latitude, and

the one hundred and twentieth meridian of longitude west and one hundred and twentieth meridian of longitude east of Greenwich,

not being in the possession or under the protection of any civilized

power, shall be fined not more than $50, or imprisoned not more than

three months, or both. In addition to such punishment, all articles

of a similar nature to those in respect to which an offense has been

committed, found in the possession of the offender, may be declared

forfeited. If it shall appear to the court that such opium, wine, or

spirits have been given bona fide for medical purposes, it shall be

laAvful for the court to dismiss the charge. (Feb. 14, 1902, ch. 18,

sees. 1, 2, 32 Stat. 33; Mar. 4, 1909, ch. 321, sec. 308, 35 Stat. 1148.)

500. Offenses deemed on high seas.—All offenses against the provisions of the section last preceding, committed on any of said islands or on the waters, rocks, or keys adjacent thereto, shall be deemed committed on the high seas on board a merchant ship or vessel belonging

to the United States, and the courts of the United States shall have

jurisdiction accordingly. (Feb. 14, 1902, ch. 18, sec. 3, 32 Stat. 33;

Mar. 4, 1909, ch. 321, sec. 309, 35 Stat. 1148.)

501. "Vessel of the United States " defined.—The words " vessel of the United States ", wherever they occur in this chapter, shall be

construed to mean a vessel belonging in whole or in part to the United

States, or any citizen thereof, or any corporation created by or under

the laws of the United States, or of any State, Territory, or District

thereof. (Mar. 4, 1909, ch. 321, sec. 310, 35 Stat. 1148.)

502. Injuring vessels engaged in foreign commerce.—Wlioever

shall set fire to any vessel of foreign registry, or any vessel of American registry entitled to engage in commerce with foreign nations, or

to any vessel of the United States as defined in section 501 of this

title, or to the cargo of the same, or shall tamper with the motive

power or instrumentalities of navigation of such vessel, or shall

place bombs or explosives in or upon such vessel, or shall do any

other act to or upon such vessel while within the jurisdiction of

the United States, or, if such vessel is of American registry, while

she is on the high sea, with intent to injure or endanger the safety of

the vessel or of her cargo, or of persons on board, whether the injury

or danger is so intended to take place within the jurisdiction of the

United States, or after the vessel shall have departed therefrom ; or whoever shall attempt or conspire to do any such acts with such

intent, shall be fined not more than $10,000, or imprisoned not more

than twenty years, or both. The term " United States ", as used in

this section, includes the Canal Zone and all territory and waters, continental or insular, subject to the jurisdiction of the United States. (June 15, 1917, ch. 30, title III, sec. 1, 40 Stat. 221; June 15, 1917, ch.

30, title XIII, sec. 1, 40 Stat. 231.)

Cross-Refekencb

Jurisdiction of district court in Canal Zone over offenses under this section, see section 574 of this title.

946
GENERAL LAWS [T. 18. § (Jll CHArTEU 14—SAVING PROVISIONS

Section 535. Offenses prior to date of certain sections.—Offenses

committed and penalties, forfeitures, or liabilities incun-ed prior to June 15, 1917, under any law embraced in, or changed, modified, or repealed by, sections 25, 27, 31 to 39, 98, 130 to 133, 288, 343 to 346,

349, 381, 502, 536, 574, and 611 to 033 of this title, sections 213, 220 to 222, 231 to 235, and 238 to 245 of Title 22, and sections 31 to 42 and

191 to 194 of Title 50, may be prosecuted and punished, and suits and

proceedings for causes arising or acts done or committed prior to said

date may be commenced and prosecuted, in the same manner and with

the same effect as if said sections had not been passed. (June 15,

1917, ch. 30, title XIII, sec. 3, 40 Stat. 231.)

536. Partial invalidity of certain sections.—If any clause, sentence, paragraph or part of the sections enumerated in section 535 of

this title shall for any reason be adjudged by any court of competent

jurisdiction to be invalid, such judgment shall not affect, impair, or

invalidate the remainder thereof but shall be confined in its operation

to the clause, sentence, or paragraph thereof directly involved in the

controversy in which such judgment shall have been rendered. (June

15, 1917, ch. 30, title XIII, sec. 4, 40 Stat. 231.)

CHAPTER 15.—GENERAL PROVISIONS (CRIMINAL PROCEDURE)

Section 574. Jurisdiction of offenses under certain sections.—

The several courts of first instance in the Philippine Islands and

the district court of the Canal Zone shall have jurisdiction of offenses

under sections 25, 27, 31 to 38, 98, 130 to 132, 343 to 345, 381, 502,

and 611 to 633 of this title and sections 213, 220 to 222, 231 to 234,

and 238 to 245 of Title 22, committed within their respective districts, and concurrent jurisdiction with the district courts of the

United States of offenses under said sections committed upon the

high seas, and of conspiracies to commit such offenses, as defined

by section 88 of this title, and the provisions of section 88 of this

title, for the purpose of the sections hereinbefore enumerated, are hereby extended to the Philippine Islands and to the Canal Zone. In

such cases, the district attorneys of the Philippine Islands and of

the Canal Zone shall have the powers and perform the duties provided in the sections hereinbefore enumerated for United States

attorneys. (June 15, 1917, ch. 30, title XIII, sec. 2, 40 Stat. 231.)

Ceoss-Refeeence

See also section 39 of this title, and section 39 of title 50. CHAPTER 18.—SEARCH WARRANT

Cross-References

" United States ", as used in this chapter, includes the Canal Zone, see

section 632 of this title. Jurisdiction of offenses under this chapter, see section 574 of this title. Section 611. Authority to issue.—A search warrant authorized

by this chapter may be issued by a judge of a United States district

947
T. 18, § 612] GENERAL LAWS

court, or by a judge of a State or Territorial court of record, or by

a United States commissioner for the district wherein the property

sought is located. (June 15, 1917, ch. 30, title XI, sec. 1, 40 Stat. 228.)

612. Grounds for issue.—A search warrant may be issued under

this chapter upon either of the following grounds:

1. When the property was stolen or embezzled in violation of a law of the United States; in which case it may be taken on the

warrant from any house or other place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled, or from any person in whose possession it may be.

2. When the property was used as the means of committing a felony; in which case it may be taken on the warrant from any

house or other place in which it is concealed, or from the possession

of the person by whom it was used in the commission of the offense, or from any person in whose possession it may be.

3. When the property, or any paper, is possessed, controlled, or used in violation of section 98 of this title; in which case it may be

taken on the warrant from the person violating said section, or from any person in whose possession it may be, or from any house

or other place in which it is concealed. (June 15, 1917, ch. 30, title XI, "sec. 2, 40 Stat. 228.)

613. Probable cause and affidavit.—A search warrant cannot be

isued but upon probable cause, supported by affidavit, naming or describing the person and particularly describing the property and

the place to be searched. (June 15, 1917, ch. 30, title XI, sec. 3, 40 Stat. 228.)

614. Examination of applicant and witnesses.—The judge or commissioner must, before issuing the warrant, examine on oath the

complainant and any witness he may produce, and require their

affidavits or take their depositions in writing and cause them to be

subscribed by the parties making them. (June 15, 1917, ch. 30, title XI, sec. 4, 40 Stat. 228.)

615. Affidavits and depositions.—The affidavits or depositions

must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist. (June 15,

1917, ch. 30, title XI, sec. 5, 40 Stat. 228.)

616. Issue and contents of warrant.—If the judge or commissioner is thereupon satisfied of the existence of the grounds of the

application or that there is probable cause to believe their existence,

he must issue a search warrant, signed by him with his name of office, to a civil officer of the United States duly authorized to enforce or

assist in enforcing any law thereof, or to a person so duly authorized

by the President of the United States, stating the particular grounds

or probable cause for its issue and the names of the persons whose

affidavits have been taken in sui)i)()rt thereof, and commanding him

forthwith to search the person or place named, for the property specijfied, and to bring it before the judge or commissioner. (June 15,

1917, ch. 30, title XI, sec. 6, 40 Stat. 229.)

948
OENERAL LAWS [T. 18, § 624

617. Service.—A searcli "warrant may in all cases be served by

any of the ofTicers mentioned in its direction, but by no other person,

except in aid of the officer on his requirino; it, he beinf^ present and

acting in its execution. (June 15, 1917, eh. 30, title XI, sec. 7, 40

Stat. 229.)

618. Same; breaking and entering.—The officer may break open

any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his

authoritv and purpose, he is refused admittance. (June 15, 1917,

ch. 30, title XI, sec. 8, 40 Stat. 229.)

619. Same; breaking and entering to liberate detained person

aiding in execution of warrant.—He may break open any outer or inner door or window of a house for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessarj^ for his own liberation.

(June 15, 1917, ch. 30, title XI, sec. 9, 40 Stat. 229.)

620. Same; daytime.—The judge or commissioner must insert a direction in the warrant that it be served in the daytime, unless the

affidavits are positive that the property is on the person or in the

place to be searched, in which case he may insert a direction that it be

136 served at any time of the dav or night. (June 15, 1917, ch. 30,

Title XI, sec. 10, 40 Stat. 229.)

621. Time for execution and return of warrant.—A search warrant must be executed and returned to the judge or commissioner who

issued it within ten days after its date; after the expiration of this

time the warrant, unless executed, is void. (June 15, 1917, ch. 30,

title XI, sec. 11, 40 Stat. 229.)

622. Copy of warrant and receipt for property taken to person

from whom taken.—When the officer takes property under the warrant, he must give a copy of the warrant together with a receipt for

the property taken (specifying it in detail) to the person from whom

it was taken by him, or in whose possession it was found; or, in the

absence of any person, he miist leave it in the place where he found

the property." (June 15, 1917, ch. 30, title XI, sec. 12, 40 Stat. 229.)

623. Return; contents.—The officer must forthwith return the

warrant to the judge or commissioner and deliver to him a written

inventory of the property taken, made publicly or in the presence of

the person from whose possession it was taken, and of the applicant

for the warrant, if they are present, verified by the affidavit of the

officer at the foot of the inventory and taken before the judge or commissioner at the time, to the following effect: "I, R. S., the

officer by whom this warrant was executed, do swear that the above

inventory contains a true and detailed account of all the property

taken by me on the warrant." (June 15, 1917, ch. 30, title XI, sec. 13, 40 Stat. 229.)

624. Copy of inventory for person from whom property taken.—

The judge or commissioner must thereupon, if required, deliver a copy of the inventory to the person from whose possession the prop949
T. 18, § 625] GENERAL LAWS

erty was taken and to the applicant for the warrant. (June 15,

1917, ch. 30, title XI, sec. 14, 40 Stat. 229.)

625. Taking testimony.—If the grounds on which the warrant was issued be controverted, the judge or commissioner must proceed

to take testimony in relation thereto, and the testimony of each wit- ness must be reduced to writing and subscribed by each witness.

(June 15, 1917, ch. 30, title XI, sec. 15, 40 Stat. 229.)

626. Restoration of property taken; retention of custody of

property by officer or other disposition.—If it appears that the

property or paper taken is not the same as that described in the warrant or that there is no probable cause for believing the existence

of the grounds on which the warrant was issued, the judge or commissioner must cause it to be restored to the person from whom it was taken ; but if it appears that the property or paper taken is the same as that described in the warrant and that there is probable

cause for believing the existence of the grounds on which the warrant was issued, then the judge or commissioner shall order the same

retained in the custody of the person seizing it or to be otherwise

disposed of according to law. (June 15, 1917, ch. 30, title XI, sec. 16, 40 Stat. 229.)

627. Filing papers with clerk of court having jurisdiction.—The

judge or commissioner must annex the affidavits, search warrant, re- turn, inventory, and evidence, and if he has not power to inquire

into the offense in respect to which the warrant was issued he must

at once file the same, together with a copy of the record of his proceedings, with the clerk of the court having power to so inquire.

(June 15, 1917, ch. 30, title XI, sec. 17, 40 Stat. 230.)

628. Obstructing service or execution,—Whoever shall knowingly

and willfully obstruct, resist, or oppose any such officer or person in

serving or attempting to serve or execute any such search warrant,

or shall assault, beat, or wound any such officer or person, Imowing

him to be an officer or person so authorized, shall be fined not more

than $1,000 or imprisoned not more than two years. (June 15, 1917,

ch. 30, title XI, sec. 18, 40 Stat. 230.)

629. Perjury and subornation of perjury.—Sections 231 and 232

of this title shall apply to and embrace all persons making oath

or affirmation or procuring the same under the provisions of this

chapter, and such persons shall be subject to all the pains and penalties of said sections. (June 15, 1917, ch. 30, title XI, sec. 19, 40 Stat. 230.)

630. Maliciously procuring issue.—A person who maliciously and

without probable cause procures a search warrant to be issued and

executed shall be fined not more than $1,000 or imprisoned not more

than one year. (June 15, 1917, ch. 30, title XI, sec. 20, 40 Stat. 230.)

Ckoss-Reference

Maliciously procuring issue, see also Canal Zone Code, title 5, section 171. 631. Officer exceeding authority.—An officer who in executing a search warrant willfully exceeds his authority, or exercises it with

950
GENERAL LAW8 [T. 18, § 652 unnecessary severity, shall be fined not more than $1,000 or imprisoned not more than one year. (June 15, 1917, ch. 30, title XI, sec. 21,

40 Stat. 230.)

632. "United States" defined.—The term "United States", as used in sections 611 to G31 of this title, includes the Canal Zone and

all territory and waters, continental or insular, subject to the jurisdiction of the United States. (June 15, 1917, ch. 30, title XIII, sec. 1. 40 Stat. 231.)

633. Existing laws not repealed.—Nothing contained in this

chapter shall be held to repeal or impair any existing provisions of

law regulating search and the issue of search warrants. (June 15,

1917, ch. 30, title XI, sec. 23, 40 Stat. 230.)

CHAPTER 20.—EXTRADITION

Note.—See Cannl Zone Code, title 6, section S61, extending to the Canal Zone tlie extradition laws in force in the United States and rendering the Canal Zone an organized Territory for such purposes. Respecting the preliminary arrest and detention of fugitives in the Canal

Zone, see Canal Zone Code, title 6, sections 862 to 869. Respecting the extradition of fugitives from the justice of the Republic

of Panama who tnke refuge in the Canal Zone, see Canal Zone Code, title 6, sections 881 to 892. Section 651. Fugitives from foreign country.—Whenever there

is a treaty or convention for extradition between the Government

of the United States and any foreign government, any justice of

the Supreme Court, circuit judge, district judge, or commissioner,

authorized so to do by any of the courts of the United States, or judge of a court of record of general jurisdiction of any State, may,

upon complaint made under oath, charging any person found within

the limits of any State, District, or Territory, with having committed within the jurisdiction of any such foreign government any

of the crimes provided for by such treaty or convention, issue his

warrant for the apprehension of the person so charged, that he may

be brought before such justice, judge, or commissioner, to the end

that the evidence of criminality may be heard and considered. If, on such hearing, he deems the evidence sufficient to sustain the

charge under the provisions of the proper treaty or convention, he

shall certify the same, together with a copy of all the testimony

taken before him, to the Secretary of State, that a warrant may

issue upon the requisition of the proper authorities of such foreign

government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant

for the commitment of the person so charged to the proper jail,

there to remain until such surrender shall be made. (R.S. sec. 5270; June 6, 1900, ch. 793, 31 Stat. 656.)

652. Fugitives from country under control of United States.—

Whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person

who shall violate, or who has violated, the criminal laws in force

therein, by the commission of any of the following offenses : Murder

and assault with intent to commit niurder; counterfeiting or altering

951
T. IS, § 653J GENERAL LAWS

money, or uttering or bringing into circulation counterfeit or altered

money; counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utter- ance or circulation of the same; forgery or altering, and uttering

what is forged or altered; embezzlement or criminal malversation

of the public funds, committed by public officers, employees, or depositaries; larceny or embezzlement of an amount not less than $100

in value ; robbery ; burglary, defined to be che breaking and entering

by nighttime into the house of another person with intent to commit

a felony therein ; and the act of breaking and entering the house or building of another, whether in the day or night time, with the

intent to commit a felony therein; the act of entering, or of breaking and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a

felon}^ therein; perjury or the subornation of perjury; rape; arson; piracy by the law of nations; murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship

owned by or in control of citizens or residents of such foreign

country or territory and not under the flag of the United States, or

of some other government; malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or otiier buildings, when the act endangers human life, and who

shall depart or flee, or who has departed or fled, from justice therein

to the United States, any Territory thereof, or to the District of

Columbia, shall, when found therein, be liable to arrest and detention

by the authorities of the United States, and on the written request

or requisition of the military governor or other chief executive

officer in control of such foreign country or territory shall be re- turned and surrendered as hereinafter provided to such authorities

for trial under the laws in force in the place where such offense was

committed. All the provisions of sections 651, 653 to 655 and 658

to 661 of this title, so far as applicable, shall govern proceedings

authorized by this section. Such proceedings shall be had before a judge of the courts of the United States only, who shall hold such

person on evidence establishing probable cause that he is guilty of

the offense charged. No return or surrender shall be made of any

person charged with the commission of any offense of a political nature. If so held such person shall be returned and surrendered

to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such

authorities shall secure to such a person a fair and impartial trial. (E.S. sec. 5270; June 6, 1900, ch. 793, 31 Stat. 656.)

653. Surrender of fugitive.—It shall be lawful for the Secretary

of State, under his hand and seal of office, to order the person so committed to be delivered to su;h person as shall be authorized,

in the name and on behalf of such foreign government, to be tried

for the crime of Avhich such person shall be so accused, and such

person shall be delivered up accordingly; and it shall be lawful for

the person so authorized to hold such person in custody, and to take him to the territory of such foreign government, pursuant

to such treaty. If the person so accused shall escape out of any

952
GENERAL LAWS [T. 18, § 657

custody to which he shall be committed, or to which he shall be

delivered, it shall be lawful to retake such person in the same manner

as any person accused of any crime against the laws in force in that

part of the United States to which he shall so escape, may be retaken on an escape. (U.S. sec. 5272.)

654. Time allowed for extradition.—Whenever any person who

is committed under this chapter or any treaty, to remain until

delivered up in pursuance of a requisition, is not so delivered up

and conveyed out of the United States within two calendar months

after such commitment, over and above the time actually required

to convey the prisoner from the jail to which he was committed, by

the readiest way, out of the United States, it shall be lawful for

any judge of the United States, or of any State, upon application

made to him by or on behalf of the person so committed, and upon

proof made to him that reasonable notice of the intention to make

such application has been given to the Secretary of State, to order

the person so committed to be discharged out of custody, unless

sufficient cause is shown to such judge why such discharge ought not

to be ordered. (R.S. sec. 5273.)

655. Evidence on hearing.—In all cases where any depositions,

warrants, or other papers or copies thereof shall be offered in

evidence upon the hearing of any extradition case under this chapter,

such depositions, warrants, and other papers, or the copies thereof,

shall be received and admitted as evidence on such hearing for all the purposes of such hearing if they shall be properly and legally

authenticated so as to entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused

party shall have escaped, and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign

country shall be proof that any deposition, warrant or other paper

or copies thereof, so offered, are authenticated in the manner

required. (R.S. sec. 5271; Aug. 3, 1882, ch. 378, sec. 5, 22 Stat. 216.)

656. Witnesses for indigent defendants.—On the hearing of any

case under a claim of extradition by any foreign government, upon

affidavit being filed by the person charged setting forth that there

are witnesses whose evidence is material to his defense, that he cannot

safely go to trial without them, what he expects to prove by each

of them, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses, the judge or commissioner before whom such claim for extradition is heard may

order that such witnesses be subpoenaed ; and in such cases the costs incurred by the process, and the fees of witnesses, shall be paid in the same manner that similar fees are paid in the case of witnesses

subpoenaed in behalf of the United States. (Aug. 3, 1882, ch. 378,

sec. 3, 22 Stat. 215.)

657. Place and character of hearing.—All hearings in cases of

extradition under treaty stipulation or convention shall be held on

land, publicly, and in a room or office easily accessible to the public.

(Aug. 3, 1882, ch. 378, sec 1, 22 Stat. 215.)

93083—34 61 953
T. 18, § G5S] GENERAL LAWH

658. Continuance of provisions limited.—The provisions of this

chapter relating to the surrender of persons who have committed

crimes in foreign countries shall continue in force during the exist- ence of any treaty of extradition with any foreign government, and

no longer. (K.S. sec. 5274.)

659. Protection of accused.—Whenever any person is delivered

by any foreign government to an agent of the United States, for

the purpose of being brought within the United States and tried

for any crime of which he is duly accused, the President shall have

power to take all necessary measures for the transportation and safekeeping of such accused person, and for his security against lawless

violence, until the final conclusion of his trial for the crimes or

offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such

crimes or offenses, and for a reasonable time thereafter, and may

employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping

and protection of the accused. (R..S. sec. 5275.)

660. Agent receiving offenders; powers.—Any person duly appointed as agent to receive, in behalf of the United States, the

delivery, by a foreign government, of any person accused of crime

committed within the jurisdiction of the United States, and to convey him to the place of his trial, shall have all the powers of a marshal of the United States, in the several districts through which

it may be necessary for him to pass with such prisoner, so far as such power is requisite for the prisoner's safe-keeping. (U.S. sec. 5276.)

661. Same; penalty for opposing.—Every person who knowingly

and willfully obstructs, resists, or opposes such agent in the execution

of his duties, or who rescues or attempts to rescue such prisoner,

whether in the custody of the agent or of any officer or person to whom his custody has lawfully been committed, shall be punishable

by a fine of not more than $1,000, and by imprisonment for not more

than one year. (R.S. sec. 5277.)

662. Fugitives from State or Territory.—Whenever the executive

authority of any State or Territory demands any person as a

fugitive from justice, of the executive authority of any Stat€ or Territory to which such person has fled, and produces a copy of an

indictment found or an affidavit made before a magistrate of any

State or Territory, charging the person demanded with having

committed treason, felony, or other crime, certified as authentic by

the governor or chief magistrate of the State or Territory from

whence the person so charged has fled, it shall be the duty of the

executive authority of the State or Territory to which such person

has fled to cause him to be arrested and secured, and to cause notice

of the arrest to be given to the executi\'e autliority making such

demand, or to the agent of such authority appointed to receive the

fugitive, and to cause the fugitive to be delivered to such agent when

he shall appear. If no such agent appears within six months from

the time of the arrest, the prisoner may hQ discharged. All costs or

954
GENERAL LAWS [T. 18, § 668 expenses incurred in the apprehending, securing, and transmitting

such fugitive to the State or Territory making such demand, shall

be paid by such State or Territory. (K.S. sec. 5278.)

663. Penalty for resisting agent.—Any agent so appointed who

receives the fugitive into his custody shall be empowered to trans- port him to the State or Territory from which he has fled. And

every person who, by force, sets at liberty or rescues the fugitive

from such agent while so transporting him, shall be fined not more

than $500 or imprisoned not more than one year. (R.S. sec. 5279.)

666. Fugitives from Philippines.—The provisions of sections 662

and 663 of this title, so far as applicable, shall apply to the Philippine Islands, which, for the purposes of said sections, shall be

deemed a Territory within the meaning thereof. (Feb. 9, 1903, eh.

529, sec. 2, 32 Stat. 807.)

667. Fees of commissioners.—The following shall be the fees paid to commissioners in cases of extradition under treaty stipulation or convention between the Government of the United States and

any foreign government, and no other fees or compensation shall be

allowed to or received by them:

For administering an oath, 10 cents. For taking an acknowledgment, 25 cents. For taking and certifying depositions to file, 20 cents for each folio. For each copy of the same furnished to a party on request, 10

cents for each folio. For issuing any warrant or writ, and for any other service, the same compensation as is allowed clerks for like services.

For issuing any warrant under the tenth article of the treaty of

August 9, 1842, between the United States and the Queen of the

United Kingdom of Great Britain and Ireland, against any person

charged with any crime or offense as set forth in said article, $2.

For issuing any warrant under the provision of the convention for

the surrender of criminals between the United States and the King

of the French concluded at Washington November 9, 1843, $2.

For hearing and deciding upon the case of any person charged

with any crime or offense, and arrested under the provisions of said

treaty or convention or of any treaty or convention, $5 a day for the

time necessarily employed (Aug. 3, 1882, ch. 378, sec. 2, 22 Stat. 215;

May 28, 1896, ch. 252, sec. 21, 29 Stat. 184.)

Note.—Except for the kist three sentences this section appears to have been

superseded by Act May 28, 1896, ch. 252, sec. 21, 29 Stat. 184, incorporated in sections 529 and 597 of title 28. 668. Payment of fees and costs.—All witness fees and costs of every nature in cases of extradition, including the fees of

the commissioner, shall be certified by the judge or commissioner

before whom the hearing shall take place to the Secretary of State of

the United States, and the same shall be paid out of the appropriations to defray the expenses of the judiciary. The Attorney General

shall certify to the Secretary of State the amounts to be paid to the United States on account of said fees and costs in extradition cases by the foreign government requesting the extradition, and the Sec955
T. 18, § 669] GENERAL LAWS

retary of State shall cause said amounts to be collected and trans- mitted to the Attorney General for deposit in the Treasury of the

United States. (Aug. 3, 1882, ch. 378, sec. 4, 22 Stat. 216; June 28,

1902, ch. 1301, sec. 1, 32 Stat. 475.)

669. Fugitives found within District of Columbia; issuance of

warrant.—Whenever any person shall be found within the District of Columbia charged with any olfense committed in any State,

Territor}^, or other possession of the United States, and liable by the

Constitution and laws of the United States to be delivered over upon

the demand of the governor of such State, Territory, or possession,

any judge of the police court of the District of Columbia, may, upon

complaint on oath or affirmation of any credible witness, setting forth

the offense, that such person is a fugitive from justice, and such other

matters as are necessary to bring the case within the provisions of

law, issue a warrant to bring the persons so charged before the police

court, to answer such complaint. (Apr. 21. 1928, ch. 398, sec. 1, 45

Stat. 440.)

670. Same ; bond to be required.—If, upon the examination of the

person charged, it shall appear to the judge of the police court that

there is reasonable cause to believe that the complaint is true, and

that such person may be lawfully demanded of the chief justice of

the Supreme Court of the District of Columbia, he shall, if not

charged with murder in the first degree, be required to give bond or other obligation, with sufficient sureties, in a reasonable sum, to appear before said judge of the police court at a future date, allowing thirty days to obtain a requisition from the governor of the

State, Territory, or possession of the United States from which said

person is a fugitiive, he to abide the order of such judge of the police court in the premises. (Apr. 21, 1928, ch. 398, sec. 2, 45 Stat. 441.)

671. Same; commitment if bond not given; forfeiture of bond.—

If such person shall not give bond or other obligation, as herein provided, or if he shall be charged with the crime of murder in the first degree, he shall be committed to the District Jail, and there detained

until a day fixed by the court, in like manner as if the offense charged

had been committed within the District of Colum])ia; and, if the ])er- son so giving bond or other obligation shall fail to appear according

to the condition of his bond or obligation, he shall be defaulted,

and the bond or other obligation entered into by him shall be forfeited to the United States. (Apr. 21, 1928, ch. 398, sec. 3, 45 Stat. 441.)

672. Same; discharge if not demanded; discharge of bond.—If

the person so giving bond or other obligation, or committed, shall

appear before the judge of the police court upon the day ordered,

he shall be discliarged, unless he shall be demanded by some person

authorized by the Avarrant of the governor to receive him, or unless

the judge of the police court shall see cause to commit him for a further time, or to require him to give bond or other obligation for

his appearance at some other day, and if, when ordered, he shall

not give bond or other obligation he shall be committed and detained

as before : Provided, That whether the person so charged shall give

bond or other obligation, be committed or discharged, his delivery

to any person authorized by the warrant of the governor shall be a

956
GENERAL LAWS [T. 19, § 1482

dischartre of his bond or obligation, if any. (Apr. 21, 1928, ch. 398,

sec. 4, 45 Stat. 441.)

673. Same; notice to officials that fugitive held.—The major

and superintendent of the Metropolitan police of the District of

Columbia shall give notice to the police official or sheriff of the city or county from which such person is a fugitive that the person is so held in the District of Columbia. (Apr. 21, 1928, ch. 398, sec. 5, 45 Stat. 441.)

674. Same; period of detention.—A person committed as herein

provided shall not be detained in jail longer than to allow a reasonable time to the person receiving the notice herein required to apply

for and obtain a proper requisition for such person according to the

circumstances of the case and the distance of the place where the

offense is alleged to have been committed. (Apr. 21, 1928, ch. 398,

sec. 6, 45 Stat. 441.)

675. Same; voluntary return; bond for appearance in state, ter- ritory or possession.—Nothing herein contained shall prevent the

voluntary return, in the custody of a proper official, of a person to the jurisdiction of the State, Territory, or other possession of the

United States from which he is a fugitive. And nothing herein con- tained shall prevent a judge of the police court of the District of

Columbia, in his discretion, accepting bond or other obligation for

the appearance of a person before the proper official in the State,

Territory, or possession of the United States from which he is a

fugitive. (Apr. 21, 1928, ch. 398, sec. 7, 45 Stat. 441.)

Note.—Section 676, which was derived from section 8 of the act cited to the

text, is omitted as having no applicability in the Canal Zone. UNITED STATES CODE, TITLE 19 CUSTOMS DUTIES

Section 126. Imports from Canal Zone.—All laws affecting imports of articles, goods, wares, and merchandise from foreign countries shall apply to articles, goods, wares, and merchandise from the

Canal Zone, Isthmus of Panama, and seeking entry into any State or Territory of the United States or the District of Columbia. (Mar. 2,

1905, ch. 1311, 33 Stat. 843.)

1482, para. (f). Certification of invoices for merchandise

shipped to United States.

Note.—This section autliorizes the certification of invoices for merchandise

shipped to the United States from the Canal Zone, by " the collector of customs

or the person acting as such or by his deputy."

UNITED STATES CODE, TITLE 21 FOOD AND DRUGS

CHAPTER 6.—NARCOTIC DRUGS

Cross-Refeeences

The Narcotic Drugs Import and Export Act (the subchapter comprising sec- tions 171 to 185 of this title) not affected by Harrison Anti-Narcotic Act, see

U.S. Code, Sup. VII, title 26, section 1051. For provisions respecting the advancement of funds by special disbursing

agents in connection with the enforcement of sections 171 to 185 of this title, see title 31, section 529a. 957
T. 21, § 171] GENERAL LAWS

Section 171. Narcotic drugs; definitions.—When used in sections

172 to 185 of this title—

(a) Tlie term " narcotic drug " means opium, coca leaves, cocaine, or any salt, derivative, or preparation of opium, coca leaves, or cocaine

(b) The term " United States ", when used in a geographical

sense, includes the seA eral States and Territories, and the District

of Columbia

(c) The term " board " means the Federal Narcotics Control

Board established by section 172 of this title; and

(d) The term "person" means individual, partnership, corporation, or association. (Feb. 9, 1909, ch. 100, sec. 1, 35 Stat. G14; Jan.

17, 1914, ch. 9, 38 Stat. 275; May 26, 1922, ch. 202, sec. 1, 42 Stat.

596.)

Note.—Tlie Fefleral Narcotics Control Board established by section 172 of

this title, and referred to in paragraph (c) of this section, was abolished by

section 282b of title 5, which section transferred the authority,, powers, and

functions of that board to the Commissioner of Narcotics authorized by sec- tion 282 of title 5. With reference generally to the Iluieau and Commissioner

of Narcotics, see sections 282 to 2S2e of title 5. 173. Importation of narcotic drugs prohibited; exceptions; crude

opium for manufacture of heroin; forfeitures.—It is unlaAvful to import or bring any narcotic drug into the United States or any

territory under its control or jurisdiction; excei)t that sui-h amounts

of crude opium and coca leaves as the Commissioner of Narcotics

finds to be necessary to provide for medical and legitimate uses

only, may be imported and brought into the United States or such

territory under such regulations as the Commissioner shall prescribe,

but no crude opium may be imported or brought in for the purpose

of manufacturing heroin. All narcotic drugs imported under such

regulations shall be subject to the duties which are now or may

hereafter be imposed upon such drugs when imported.

Any narcotic drug imported or brought into the United States or any territory under its control or jurisdiction, contrary to law,

shall (1) if smoking opium or opium prepared for smoking, be

seized and summarily forfeited to the United States Government

without the necessity of instituting forfeiture proceedings of any

character; or (2), if any other narcotic drug, be seized and for- feited to the United States Government, without regard to its value,

in the manner provided by sections 514 and 515 of Title 19, or the

provisions of law hereafter enacted which are amendatory of, or in substitution for, such sections. Any narcotic drug wdiich is for- feited in a proceeding for condemnation or not claimed under such

sections, or which is summarily forfeited as provided in this subdivision, shall be placed in the custody of the Commissioner and in his discretion be destro3^ed or delivered to some agency of the United

States Government for use for medical or scientific purposes. (Feb.

9, 1909, ch. 100, sec. 2, 35 Stat. 614; Jan 17. 1914, ch. 9, 38 Stat. 275;

May 26, 1922, ch. 202, sec. 1, 42 Stat. 596; June 7, 1924, ch. 352.

43 Stat. 657.)

Cross-Refekbnce

Forfeiture and disposition of narcotics seized, see also U.S. Code, title 2G. section 1048. 958
GENERAL LAWS I T. 21, § 177 173a. Same; importation of coca leaves; additional quantity

authorized; destruction of cocaine and ecgonine obtained therefrom; duties on imported coca leaves.—In addition to the amount

of coca leaves which may be imported under the first paragraph of

section 173 of this title, the Commissioner of Narcotics is authorized

to permit, in accordance with regulations issued by him, the importation of additional amounts of coca leaves: Provided, That

after the entry thereof into the United States all cocaine, ecgonine,

and all salts, derivatives, and preparations fiom which cocaine or ecgonine may be synthesized or made, contained in such additional

amounts of coca leaves, shall be destroyed under the supervision

of an authorized representative of the Commissioner of Narcotics.

All coca leaves imported under thi^ section shall be subject to the

duties which are now or may hereafter be imposed upon such coca

leaves when imported. (June 14, 1930, ch. 488, sec, 6, 46 Stat. 587.) 174. Same; penalty; evidence.—If any person fraudulently or knowingly imports or brings any narcotic drug into the United

States or any territory under its control or jurisdiction, contrary to law, or assists in so doing or receives, conceals, buys, sells, or in

any manner facilitates the transportation, concealment, or sale of

any such narcotic drug after being imported or brought in, knowing

the same to have been imported contrary to law, such person shall

upon conviction be fined not more than $5,000 and imprisoned for

not more than ten years. Whenever on trial for a violation of this

section the defendant is shown to have or to have had possession of

the narcotic drug, such possession shall be deemed sufficient evidence

to authorize conviction unless the defendant explains the possession

to the satisfaction of the jury. (Feb. 9, 1909, ch. 100, sec. 2, 35

Stat. 614; Jan. 17, 1914, ch. 9, 38 Stat. 275; May 26, 1922, ch. 202,

sec. 1, 42 Stat. 596.)

Note.—Section 175 of title 21, relative to the deportation of aliens con- victed under section 174, is omitted as being without apparent applicability

in the Canal Zone. 176. Same; masters of vessels; persons in charge of railroad

cars, etc.; liability of.—The master of any vessel or other water

craft, or a person in charge of a railroad car or other vehicle, shall

not be liable under section 174 of this title, if he satisfies the jury

that he had no knowledge of and used due diligence to prevent the

presence of the narcotic drug in or on such vessel, water craft, rail- road car, or other vehicle ; but the narcotic drug shall be seized, forfeited, and disposed of as provided in the second paragraph of sec- tion 173 of this title. (Feb. 9, 1909, ch. 100, sec. 2, 35 Stat. 614; Jan.

17, 1914, ch. 9, 38 Stat. 275 ; May 26, 1922, ch. 202, sec. 1, 42 Stat. 596.)

177. Administration of law.—Except as otherwise provided by

law, the administration of sections 171 to 185 of this title is vested

in the Department of the Treasury. (Feb. 9, 1909, ch. 100, sec. 2, 35

Stat. 614; Jan. 17, 1914, ch. 9, 38 Stat. 275; May 26, 1922, ch. 202,

sec. 1, 42 Stat. 596.)

Cross-Refekencb For provisions establishing in the Treasury Department a Bureau of Narcotics and a Commissioner of Narcotics, and defining their authority and

functions, see U.S. Code, title 5, sections 282 to 282c.
T. 21, § 178] GENERAL LAWS

178. Smoking opium; possession in transit; evidence,—Any per- son subject to the jurisdiction of the United States who shall, either

as principal or as accessory, receive or have in his possession, or conceal on board of or transport on any foreign or domestic vessel or other water craft or railroad car or other vehicle destined to or bound

from the United States or any possession thereof, any smoking opium

or opium prepared for smoking, or who, having knowledge of the

presence in or on any such vessel, water craft, or vehicle of such

article, shall not report the same to the principal officer thereof,

shall be subject to the penalty provided in section 174 of this title. Whenever on trial for violation of this section the defendant is shown to have or to have had possession of such opium, such posses- sion shall be deemed sufficient evidence to authorize conviction, unless the defendant shall explain the possession to the satisfaction

of the jury. (Feb. 9, 1909, ch. 100, sec. 4; Jan. 17, 1914, ch. 9, 38

Stat. 275.)'

179. Same; masters of vessels; persons in charge of railroad

cars, and so forth; liability of; forfeiture.—Any master of a vessel or other water craft or person in charge of a railroad car or other

vehicle shall not be liable under section 178 of this title if he shall

satisfy the jury that he had no knowledge and used due diligence to prevent the presence of such article in or on such vessel, water craft,

car, or other vessel, and any such article shall be forfeited and shall be destroyed. (Feb. 9, 1909, ch. 100, sec. 4; Jan. 17, 1914, ch. 9, 38 Stat. 275.)

180. Smoking opium not admitted for transportation to another

country nor transferred from one vessel to another; other narcotic drugs.—No smoking opium or opium prepared for smoking

shall be admitted into the United States or into any territory under

its control or jurisdiction for transjDortation to another country, or

be transferred or transshipped from one vessel to another vessel

within any waters of the United States for .immediate exportation or

for any other purpose ; and except with the approval of the Commissioner of Narcotics, no other narcotic drug may be so admitted, transferred, or transshipped. (Feb. 9, 1909, ch. 100, sec. 5; Jan. 17, 1914,

ch. 9, 38 Stat. 275; May 26, 1922, ch. 202, sec. 2, 42 Stat. 597.)

Note.—Section 181 of this title which raises a presumption of illegal importation as to all smoking opium or opium prepared for smoking found " within

the United States ", is omitted as being without apparent applicability in the Canal Zone. 182. Exportation of narcotic drugs prohibited; exception; re- quests for copies of laws of foreign governments ; rules and regulations by Commissioner.—(a) It shall be unlawful for any person

su])ject to the jurisdiction of the United States Government to export

or cause to be exported from the United States, or from territory under

its control or jurisdiction, or from coimtries in which the United

States exercises extraterritorial jurisdiction, any narcotic drug to any other country. Narcotic drugs (except smoking opium and

oj)ium prepared for smoking, the exportation of which is absolutely

prohibited) may be exported to a country only wdiich has ratified

and become a party to the convention and final protocol between the

960
GENERAL LAWS [T. 21, § 184 United States Government and other powers for the suppression of

the abuses of opium and other drugs, commonly known as the Inter- national Opium Convention of 1912, and then only if (1) such country has instituted and maintains, in conformity with that convention, a system, which the Commissioner of Narcotics deems adequate,

of permits or licenses for the control of imports of such narcotic

drugs; (2) the narcotic drug is consigned to an authorized permittee;

and (3) there is furnished to the Commissioner proof deemed adequate by him, that the narcotic drug is to be applied exclusively to medical and legitimate uses within the country to which exported,

that it will not be reexported from such country, and that there

is an actual shortage of and a demand for the narcotic drug for

medical and legitimate uses within such country.

(b) The Secretary of State shall request all foreign governments

to communicate through the diplomatic channels copies of the laws

and regulations promulgated in their respective countries wdiich

prohibit or regulate the importation and shipment in transit of

any narcotic drug and, when received, advise the Commissioner

thereof.

(c) The Commissioner shall make and publish all proper regulations to carry into effect the authority vested in him by this

subchapter. (Feb. 9, 1909, ch. 100, sec. 6 ; Jan. 17, 1914, ch. 9, 38 Stat. 275; May 26, 1922, ch. 202, sec. 2, 42 Stat. 597.)

183. Same; punishment; share of fine to informer.—Any per- son who exports or causes to be exported any narcotic drugs in

violation of the preceding section shall be fined in any sum not

exceeding $5,000 nor less tlian $50 or by imprisonment for any time

not exceeding two years, or both. And one-half of any fine recovered

from any person or persons convicted of an offense under any sec- tion of this subchapter may be paid to the person or persons giving

information leading to such recovery, and one-half of any bail for- feited and collected in any proceedings brought thereunder may be

paid to the person or persons giving the information which led to the institution of such proceedings, if so directed by the court exercising jurisdiction in the case. No payment for giving information

shall be made to any officer or employee of the United States. (Feb. 9, 1909, ch. 100, sec. 7; Jan. 17, 1914, ch. 9, 38 Stat. 277.)

184. Seizure and forfeiture of narcotic drugs found on vessel

and not shown on manifest or landed from vessel without permit;

penalty against master of vessel; withholding clearance papers;

mitigation and remission of forfeitures and penalties.—A narcotic

drug that is found upon a vessel arriving at a port of the United

States or territory under its control or jurisdiction and is not shown

upon the vessel's manifest, or that is landed from any such vessel without a permit first obtained from the collector of customs for

that purpose, shall be seized, forfeited, and disposed of in the manner provided in the second paragraph of section 173 of this

title, and the master of the vessel shall be liable (1) if the narcotic

drug is smoking opium, to a penalty of $25 an ounce, and (2) if any

other narcotic drug, to a penalty equal to the value of the narcotic drug.

Such penalty shall constitute a lien upon the vessel which may be

enforced by proceedings by libel in rem. Clearance of the vessel

961
T. 21, § 185] GENERAL LAWS

from a port of the United States may be withheld until the penalty

is paid, or until there is deposited with the collector of customs at the

port, a bond in a penal sum double the amount of the penalty,

with sureties approved by the collector, and conditioned on the payment of the penalty (or so much thereof as is not remitted by the

Secretary of the Treasury) and of all costs and other expenses to the Government in proceedings for the recovery of the penalty,

in case the master's application for remission of the penalty is denied in whole or in part by the Secretary of the Treasury.

The provisions of law for the mitigation and remission of penalties and forfeitures incurred for violations of the customs laws, shall apply to penalties incurred for a violation of the provisions of this

section. (Feb. 9, 1909, ch. 100, sec. 8; Jan. 17, 1914, ch. 9, 38 Stat. 277; May 26, 1922, ch. 202, sec. 3, 42 Stat. 598.)

185. Citation.—Sections 171 to 184 of this title may be cited as the

" Narcotic Drugs Import and Export Act." (Feb. 9, 1909, ch. 100,

sec. 9; May 2C. 1922. ch. 202, sec. 4, 42 Stat. 598.)

UNITED STATES CODE, TITLE 22 FOREIGN RELATIONS AND INTERCOURSE

Ch. Sec.

4. Passports 213

Ch. Sec.

5. Preservation of friendly foreign

relations generally 2'M CHAPTER 4.—PASSPORTS

Section 213. Application for passport; fees for taking.—Before

a passport is issued to any person by or under authority of the

United States such person shall subscribe to and submit a written

application duly verified by his oath before a person authorized and

empowered to administer oaths, which said application shall contain

a true recital of each and every matter of fact which may be required

by law or by any rules authorized by law to be stated as a prerequisite to the issuance of any such passport. Clerks of United States

courts, agents of the Department of State, or other Federal officials authorized, or who may be authorized, to take passport applications

and administer oaths thereon, shall collect, for all services in con- nection therewith, a fee of $1, and no more, in lieu of all fees pre- scribed by any statute of the United States, whether the application

is executed singly, in duplicate, or in triplicate. (June 15, 1917, ch.

30, Title IX, sec. 1, 40 Stat. 227.)

Ceoss-Rei"eeences

Jurisdiction of district court and duties of district attorney in Canal Zone

in respect to offenses under sections 220 to 222 of this title, see title 18, section

574.Tlie term "United States" as used in sections 213 and 220 to 222 of this

title, includes the Canal Zone, and all territory and waters, continental or

insular, sul)ject to the jurisdiction of the United States, see Act June 15, 1017,

ch. 30, Title XIII, sec. 1, 40 Stat. 231. 220. False statement in application ; use of passport obtained by

false statement; penalty.—Whoever shall willfully and knowingly

962
GENERAL LAW

[T. 22, § 223 make any false statement in an application for passport with intent

to induce or secure the issuance of a passport under the authority

of the United States, either for his own use or the use of another,

contrary to the laws regulating the issuance of passports or the rules

prescribed pursuant to such laws, or whoever shall willfully and

knowingly use or attempt to use, or furnish to another for use, any

passport the issue of which Avas secured in any way by reason of any

false statement, shall be fined not more than $2,000 or imprisoned

not more than five years or both. (June 15, 1917, ch. 30. Title IX,

sec. 2, 40 Stat. 227.)

221. Unlawful use of passport; penalty.—Whoever shall willfully

and knowingly use, or attempt to use, any passport issued or designed

for the use of another than himself, or whoever shall willfully and

knowingly use or attempt to use any passport in violation of the

conditions or restrictions therein contained, or of the rules prescribed

pursuant to the laws regulating the issuance of passports, which

said rules shall be printed on the passport; or whoever shall willfully and knowingly furnish, dispose of, or deliver a passport to any person, for use by another than the person for whose use it was

originally issued and designed, shall be fined not more than $2,000 or imprisoned not more than five vears, or both. (June 15, 1917,

ch. 30, Title IX, sec. 3, 40 Stat. 227.)

222. Forging, alteration, etc., of passport; penalty.—^Whoever

shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be falsely made, forged, counterfeited, mutilated, or

altered any passport or instrument purporting to be a passport, with

intent to use the same, or with intent that the same may be used by

another; or whoever shall willfully or knowingly use, or attempt

to use, or furnish to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void

by the occurrence of any condition therein prescribed invalidating

the same, shall be fined not more than $2,000 or imprisoned not more

than five years, or both. (June 15, 1917, ch. 30, Title IX, sec. 4. 40 Stat. 227.)

223. War-time restrictions generally.—When the United States

is at war, if the President shall find that the public safety requires

that restrictions and prohibitions in addition to those provided

otherwise than by this section, and the three following, be imposed

upon the departure of persons from and their entry into the United

States, and shall make public proclamation thereof, it shall, until

otherwise ordered by the President or Congress, be unlawful

(a) For any alien to depart from or enter or attempt to depart

from or enter the United States except under such reasonable rules,

regulations, and orders, and subject to such limitations and exceptions as the President shall prescribe;

(b) For any person to transport or attempt to transport from or

into the United States another person with knowledge or reasonable cause to believe that the departure or entry of sucli other person is forbidden by this section and the three following;

963
T. 22, § 224] GENERAL LAWS

(c) For any person knowingly to make any false statement in an

application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission

either for himself or for another

(d) For any person knowingly to furnish or attempt to furnish

or assist in furnishing to another a permit or evidence of permission

to depart or enter not issued and designed for such other person's

use;

(e) For any person knowingly to use or attempt to use any permit

or evidence of permission to depart or enter not issued and designed

for his use

(f) For any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered,

any permit or evidence of permission to depart from or enter the

United States;

(g) For any person knowingly to use or attempt to use or furnish

to another for use any false, lorged, counterfeited, mutilated, or altered permit, or evidence of permission, or any permit or evidence

of permission which, though originally valid, has become or been

made void or invalid. (May 22, 1918, ch. 81, sec. 1, 40 Stat. 559.)

224. Passport required of citizens.—After such proclamation as

is provided for by the preceding section has been made and published and while said proclamation is in force, it shall, except as otherwise provided by the President, and subject to such limitations

and exceptions as the President may authorize and prescribe, be

unlawful for any citizen of the United States to depart from or

enter or attempt to depart from or enter the United States unless

he bears a valid passport. (May 22, 1918, ch. 81, sec. 2, 40 Stat. 559.)

225. Penalty for violation of war-time restrictions.—Any person

who shall willfully violate any of the provisions of the two preceding

sections, or of any order or proclamation of the President promulgated, or of any permit, rule, or regulation issued thereimder, shall,

upon conviction, be fined not more than $10,000, or, if a natural person, imprisoned for not more than twenty years, or both ; and the offi- cer, director, or agent of any corporation who knowingly participates

in such violation shall be punished by like fine or imprisonment, or both ; and any vehicle or any vessel, together with its or her appurtenances, equipment, tackle, apparel, and furniture, concerned in any

such violation, shall be forfeited to the United States. (May 22, 1918,

ch. 81, sec. 3, 40 Stat. 559.)

226. " United States " and " person " as used in war-time restriction defined.—The term " United States " as used in the three pre- ceding sections includes the Canal Zone and all territory and waters,

continental or insular, subject to the jurisdiction of the United States. The word " person " as used herein shall be deemed to mean any

individual, partnership, association, company, or other unincorporated body of individuals, or corporation, or body politic. (Mav 22,

1918, cli. 81, sec. 4, 40 Stat. 559.)

227. Rej?ulations as to alien passport requirements continued.—

The provisions of the Act approved May 22, 1918, being the four pre- ceding sections, shall, insofar as they relate to requiring passports and

964
GENERAL LAWS [T. 22, § 234

visas from aliens seeking to come to the United States, continue in

force and effect until otherwise provided by law. (Mar. 2, 1921, oh. 113, sec. 1, 41 Stat. 1217.)

CHAPTER 5.—PRESERVATION OF FRIENDLY FOREIGN RELATIONS

GENERALLY

Section 231. Making false statement to influence conduct of foreign government toward United States.—Whoever, in relation to any dispute or controversy between a foreign government and the

United States, shall willfully and knowingly make any untrue state- ment, either orally or in writing, under oath before any person authorized and empowered to administer oaths, which the affiant has

knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any officer or agent of any foreign government, to the injury of the United States, or with a view or intent to influence any measure or action by the

Government of the United States, or any branch thereof, to the injury

of the United States, shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 15, 191T, ch. 30, Title

VIII, sec. 1, 40 Stat. 226.) CROSS-ReFEEENCES

Jurisdiction of district court and duties of district attorney in Canal Zone in respect to offenses under sections 231 to 234 and 238 to 245 of this title, see title 18, section 574. The term " United States " as used in sections 231 to 234 and 238 to 245 of

this title, includes the Canal Zone, and all territory and waters, continental or

insular, subject to the jurisdiction of the United States, see Act June 15, 1917,

ch. 30, Title XIII, sec. 1, 40 Stat. 231.

232. Wrongful assumption of character of diplomatic or consular officer.—Whoever within the jurisdiction of the United States

shall falsely assume or pretend to be a diplomatic or consular, or other official of a foreign government duly accredited as such to the

Government of the United States with intent to defraud such foreign government or any person, and shall take upon himself to act as such, or in such pretended character shall demand or obtain, or attempt to obtain from any person or from said foreign government,

or from any officer thereof, any money, paper, document, or other

thing of value, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (June 15, 1917, ch. 30, Title VIII,

sec. 2, 40 Stat. 226.)

233. Acting as foreign governmental agent without notice to Secretary of State.—Whoever, other than a diplomatic or consular

officer or attache, shall act in the United States as an agent of a foreign government without prior notification to the Secretary of State

shall be fined not more than $5,000, or imprisoned not more than five years, or both. (June 15, 1917, ch. 30, Title VIII, sec. 3, 40 Stat. 226.)

234. Conspiracy to injure property of foreign government; indictment.—If two or more persons within the jurisdiction of the

United States conspire to injure or destroy specific property situated

965
T. 22, § 235] GENERAL LAWB

within a foreign country and belonging to a foreign government or

to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, or other public utility so situated, and if one or more such persons commits an act within the

jurisdiction of the United States to effect the object of the conspiracy,

each of the parties to the conspiracy shall be fined not more than

$5,000, or imprisoned not more than three years, or both. Any in- dictment or information under this section shall describe the specific

property which it was the object of the conspiracy to injure or de- stroy. (June 15, 1917, ch. 30", Title VIII, sec. 5, 40 Stat. 226.)

235. " Foreign government " defined.—The words " foreign government," as used in the four preceding sections, shall be deemed to include any government, faction, or body of insurgents within a country with which the ITnited States is at peace, which government,

faction, or body of insurgents ma}^ or may not have been recognized

by the United States as a government. (June 15, 1917, ch. 30, Title

VIII, sec. 4, 40 Stat. 226.)

238. Seizure of munitions of war, etc., intended for export generally; forfeiture.—Whenever an attempt is made to export or ship

from or take out of the United States any arms or munitions of war,

or other articles, in violation of law, or whenever there shall be

known or probable cause to believe that any such arms or munitions

of war, oi- other articles, are being or are intended to be exported, or shipped from, or taken out of the United States, in violation of law,

the several collectors, comptrollers, surveyors, inspectors of customs,

and marshals, and deputy marshals of the United States, and every

other person duly authorized for the purpose by the President, may

seize and detain any articles or munitions of war about to be ex- ported or shipped from, or taken out of the United States, in violation of law, and the vessels or vehicles containing the same, and re- tain possession thereof until released or disposed of as hereinafter

in this chapter directed. If upon due inquiry as hereinafter in this

chapter provided the property seized shall appear to have been al^out to be so unlawfully exported, shipped from, or taken out of the

United States, the same shall be forfeited to the United States. (June 15, 1917, ch. 30, Title VI, sec. 1, 40 Stat. 223.)

239. Warrant for detention of property seized.—It shall be the

duty of the person making any seizure under sections 238 to 245.

inclusive, of this chapter to a])i)ly, with due diligence, to the judge

of tlie district court of the United States, or to the judge of the

United States district court of the Canal Zone, or to the judge of a court of first instance in the Philippine Islands, having jurisdiction over the place within which the seizure is made, for a warrant to justify the further detention of the property so seized, which warrant shall be granted only on oath or affirmation showing that there

is known or probable cause to believe that the ]n-operty seized is being or is intended to be exported or shipped from or taken out of

the United States in violation of law; and if the judge refuses to

issue the warrant, or application therefor is not made bv tlie person

making the seizure within a reasonable time, not exceeding Um days

after the seizure, the property shall forthwith be restored to the

966
GENERAL LAWS [T. 22, § 242 owner or person from avIkmu seized. If the jndge is satisfied that

the seizure was justified under tlie pi-ovisions of sections 238 to 245,

inclusive, of this chapter, and issues Iiis warrant accordingly, then

the property shall be detained by the person seizing it until the

President, who is hereby expressly authorized so to- do, orders it to be restored to the owner or claimant, or until it is discharged in

due course of law on petition of the claimant, or on trial of condemnation proceedings, as provided in the following sections. (June

15, 1917, ch. 30, Title VI, sec. 2, 40 Stat. 224.)

240. Petition for restoration of property seized.—The owner or claimant of any property seized under sections 238 to 245, inclusive,

of this chapter may, at any time before condemnation proceedings

liave been instituted, as provided in the following sections, file his

petition for its restoration in tlie district court of the United States, or the district court of the Canal Zone, or the court of first instance

in the Philippine Islands, having jurisdiction over the place in which

the seizure was made, whereupon the court shall advance the cause

for hearing and determination Avith all possible dispatch, and, after

causing notice to be given to the United States attorney for the district and to the person making the seizure, shall proceed to hear and

decide whether the property seized shall be restored to the petitioner or forfeited to the United States. (June 15, 1917, ch. 30, Title VI,

sec. 3, 40 Stat. 224.)

241. Libel and sale of property seized.—Whenever the person

making any seizure under sections 238 to 245, inclusive, of this chapter applies for and obtains a warrant for the detention of the property, and (a) upon the hearing and determination of the petition of

the'^ owner or claimant restoration is denied, or (b) the owner or claimant fails to file a petition for restoration within thirty days

after the seizure, the United States attorney for the district wherein

it was seized, upon direction of the Attorney General, shall institute

libel proceedings in the United States district court or the district court of the Canal Zone or the court of first instance of the Philippine

Islands having jurisdiction over the place wherein the seizure was

made, against the property for condemnation; and if, after trial and hearing of the issues involved, the property is condemned, it shall be disposed of by sale, and the proceeds thereof, less the legal

costs and charges, paid into the Treasury : Provided, That the court

shall order any arms and munitions of war so condenmed delivered

to the War Department of the United States. (June 15, 1917, ch.

30, Title VI, sec. 4, 40 Stat. 224; Mar. 1, 1929, ch. 420, 45 Stat. 1423.)

242. Method of trial; right to jury trial; bond for redelivery.—

The proceedings in such summary trials upon the petition of the owner or claimant of the property seized, as well as in the libel cases

in the preceding sections provided for, shall conform, as near as may

be, to the proceedings in admiralty, except that either party may

demand trial by jury of any issue of fact joined in such libel cases, and all such proceedings shall be at the suit of and in the name of

the United States : Provided, That upon the payment of the costs and legal expenses of both the summary trials and the libel proceedings in the preceding sections provided for, and the execution

967
T. 22, § 243] GENERAL LAWS

and delivery of a good and sufficient bond in an amount double the

value of the propert}^ seized, conditioned that it will not be ex- ported or used or employed contrary to the provisions of sections

238 to 245, inclusive, of this chapter, the court, in its discretion, may

direct that it be delivered to the owners thereof or to the claimants

thereof. (June 15, 1917, ch. 30, Title VI, sec. 5, 40 Stat. 224.)

243. General extent of interference with foreign trade.—Except

in those cases in which the exportation of arms and munitions of war or other articles is forbidden by proclamation or otherwise by

the President, as provided in section 238 of this chapter, nothing con- tained in sections 238 to 245, inclusive, of this chapter shall be con- strued to extend to, or interfere with any trade in such commodities,

conducted with any foreign port or place wheresoever, or with any

other trade which might have been lawfully carried on before June

15, 1917, under the law of nations, or under the treaties or conventions entered into by the United States, or under the laws thereof.

(June 15, 1917, ch. 30, Title VI, sec. 6, 40 Stat. 225.)

244. Discretion of President in ordering release of property

seized.—Upon pa3anent of the costs and legal expenses incurred in

the summary trial provided for in the preceding sections for possession or libel proceedings, the President is hereby authorized, in

his discretion, to order the release and restoration to the owner or claimant, as the case may be, of any property seized or condemned

under the provisions of sections 238 to 245, inclusive, of this chapter.

(June 15, 1917, ch. 30, Title VI, sec. 7, 40 Stat. 225.)

245. Use of land and naval forces to prevent exportation.—The

President may employ such part of the land or naval forces of the

United States as he may deem necessary to carry out the purposes of

the preceding seven sections. (June 15, 1917, ch, 30, Title VI, sec.

8, 40 Stat. 225.)

246. Wearing without authority uniform, etc., of friendly nation ; punishment.—It shall be unlawful for any person, with intent

to deceive or mislead, within the United States or Territories, possessions, waters, or places subject to the jurisdiction of the United

States, to wear any naval, military, police, or other official uniform,

decoration, or regalia of any foreign state, nation, or government

with which the United States is at peace, or any uniform, decoration, or regalia so nearly resembling the same as to be calculated

to deceive, unless such wearing thereof be authorized by such state, nation, or government.

Any person who violates the provisions of this section shall upon

conviction be punished by a fine not exceeding $300 or imprisonment

for not exceeding six months, or by both such fine and imprisonment.

(July 8, 1918, ch. 138, 40 Stat. 821.)

UNITED STATES CODE, TITLE 24 HOSPITALS. ASYLUMS. AND CEMETERIES

Section 196. Transfer of American citizens adjudged insane in

Canal Zone.

Note.—This section is shown in the text of the Canal Zone Code as section 17G3 of title 4. 968
GENERAL LAWS [T. 26, § 1040 UNITED STATES CODE, TITLE 26 INTERNAL REVENUE

Ch. Sec.

12. Narcotics (Subchapter A, Opium

and Coca Leaves) 1040

Cli. Sec.

19. Occupational Taxes (Subcliapter

A, Special I'rovisions ; Part V, Narcotics) 1383 Note.—The Harrison Anti-Narcotic Act, hereinafter shown, is comprised

within subchapter A of chapter 12, and part V of subchapter A of chapter 19, and appears in the form in which it was recodified and renumbered by Supplement VII to the United States Code. The term " Commissioner " as used in the sections hereinafter shown means

the Commissioner of Internal Revenue. For provisions rehitive to the transfer and delegation of administrative rights, privileges, powers and duties in respect

to narcotic drugs, see sections 1063 and 10G4 of this title, and sections 282 to 282c of title 5. Respecting the application of the sections hereinafter sliown to the Canal Zone and their administration therein, see sections 1053 and 1054 of this title. For provisions respecting the advancement of funds by special disbursing

agents in connection with the enforcement of the Harrison Anti-Narcotic

Act, see title 31, section 529a. For provisions of the Narcotic Drugs Import and Export Act, see title 21, sections 171 to 185. CHAPTER 12.—NARCOTICS (SUBCHAPTER A, OPIUM AND COCA

LEAVES)

Section 1040. Tax—

(a) Bate.—There shall be levied, assessed, collected, and paid

upon opium, coca leaves, any compound, salt, derivative, or preparation thereof, produced in or imported into the United States, and

sold, or removed for consumption or sale, an internal revenue tax at the rate of 1 cent per ounce, and any fraction of an ounce in a package shall be taxed as an ounce. The tax imposed by this subsection

shall be in addition to any import dut}^ imposed on the aforesaid

drugs. (Dec. 17, 1914, ch. 1, sec. 1 38 Stat 785 as amended by Feb.

26, 1926, ch. 27, sec. 703, 44 Stat. 97.)

(b) By whom paid.—The tax imposed by subsection (a) shall be

paid by the importer, manufacturer, producer, or compounder. (Dec.

17, 1914, ch. 1, sec. 1 38 Stat. 785 as amended by Feb. 26, 1926, ch.

27, sec. 703, 44 Stat. 97.)

(c) How paid—{!) Stamps.—The tax imposed by subsection (a)

shall be represented by appropriate stamps, to be provided by the

Commissioner, with the approval of the Secretary. (Dec. 17, 1914,

ch. 1, sec. 1, 38 Stat. 785 as amended by Feb. 26, 1926, ch. 27, sec. 703,

44 Stat. 97.)

(2) Assessment.—For assessment in case of omitted taxes payable

by stamp, see section 1431 and section 1530.

(3) Other methods.—^Whether or not the method of collecting

any tax imposed by subsection (a) or section 1383 is specifically

provided therein, any such tax may, under regulations prescribed by

the Commissioner, with the approval of the Secretary, be collected

by stamp, coupon, serial-numbered ticket, or such other reasonable

device or method as may be necessary or helpful in securing a complete and prompt collection of the tax. All administrative and

penalty provisions of subchapters A, B, and C of chapter 7, insofar

as applicable, shall apply to the collection of any tax which the Com93083—34 62 flfiO
T. 2f), § 1041

GENERAL LAWki

missioner determines or prescribes shall be collected in such manner.

(Feb. 26, 1926, ch. 27, sec. 1119, 44 Stat. 120.)

(d) Registration and nfecial tax.—For requirements on importers,

manufacturers, producers, dealers, and practitioners to register and

pay special tax, see part V of subchapter A of chapter 1^^, 1041. Exemptions—

(a) Preparations of limited narcotic content.—The provisions of

this subchapter and part V of subchapter A of chapter 19 shall not

be construed to apply to the manufacture, sale, distribution, giving

away, dispensing, or possession of preparations and remedies which

do not contain more than two grains of opium, or more than one- fourth of a grain of morphine, or more than one-eighth of a grain of

heroin, or more than one grain of codeine, or an}^ salt or derivative

of any of them in one fluid ounce, or, if a solid or semisolid preparation, in one avoirdupois ounce; or to liniments, ointments, or other

preparations which are prepared for external use, only, except lini- ments, ointments, and other preparations which contain cocaine or any of its salts or alpha or beta eucaine or any of their salts or any

synthetic substitute for them: Provided., That such remedies and

preparations are manufactured, sold, distributed, given awajs dis- pensed, or possessed as medicines and not for the purpose of evading

the intentions and provisions of this subchapter and said part V

Provided further., That any manufacturer, producer, compounder, or vendor (including dispensing physicians) of the preparations and

remedies mentioned in this section shall keep a record of all sales,

exchanges, or gifts of such preparations and remedies in such manner

as the Commissioner, with the approval of the Secretary, shall direct. Such record shall be preserved for a period of two years in such a vray as to be readil}' accessible to inspection by any officer, agent, or employee of the Treasury Department duly authorized for that purpose, and the State, Territorial, District, municipal, and insular offi- cers named in section 1046, and every such person so possessing or dis- posing of such preparations and remedies shall register as required in

section 1384 and, if he is not paying a tax under section 1383, he shall

pay a special tax of $1 for each year, or fractional part thereof, in

which he is engaged in such occupation, to the collector of the

district in which he carries on such occupation as provided in part

V of subchapter A of chapter 19. (Dec. 17, 1914, ch. 1, sec. 6, 38 Stat. 789 as amended by Feb. 24, 1919, ch. 18, sec. 1007, 40 Stat. 1132; Feb. 26, 1926, ch. 27, sec. 704, 44 Stat. 98.)

(b) Decocainized coca leaves.—The provisions of this subchapter

and part V of subchapter A of chapter 19 shall not apply to decocainized coca leaves or preparations made therefrom, or to other

preparations of coca leaves which do not contain cocaine. (Dec.

17, 1914, ch. 1, sec. 6, 38 Stat. 789 as amended bv Feb. 24, 1919, ch.

18, sec. 1007, 40 Stat. 1132; Feb. 20, 1926, ch. 27, sec. 704, 44 Stat. 98.)

(c) Govennnent and State officials—(1) Stamping drugs.—Offi- cials of the United States, Territorial, District of Columbia, or

insular possessions. State or municipal governments, who in the

exercise of their official duties engage in any of the businesses

described in part V of subchapter A of chapter 19, shall not be

U7U
GENERAL LAWS [T. 26. § 104H

required to stamp the drugs mentioned in section 1040 (a), as hereinafter prescribed, but their ri^ht to this exemption shall be evidenced

in such manner as the Commissioner, with the approval of the Secretary, may by regulations prescribe. (Dec. 17, 1914, ch. 1, sec. 1, 38

Stat: 785 as amended by Feb. 26, 1926, ch. 27,' sec. 703, 44 Stat. 97.)

(2) Registrafwn and payment of tax.—For exemption of officials of the United States, Territorial, District of Columbia, or insular

possessions. State or municipal governments from the requirements

as to registration and the payment of special taxes, see subsection (b)

of section 1385.

1042. Stamps—

(a) Afjixing.—The stamps provided in subsection (c) (1) of sec- tion 1040 shall be so affixed to the bottle or other container as to securely seal the stopper, covering, or wrapper thereof. (Dec. 17,

1914, ch. 1, sec. 1, 38 Stat. 785 as amended by Feb. 26, 1926, ch. 27,

sec. 703, 44 Stat. 98.)

(b) Other hnvs applicable.—All the provisions of law relating to the engraving, issuance, sale, accountability, cancellation, and destruction of tax-paid stamps provided for in the internal revenue laws shall, insofar as necessary, be extended and made to apply to the

stamps provided in subsection (c) (1) of section 1040. (Dec. 17,

1914, ch. 1, sec. 1, 38 Stat. 785 as amended by Feb. 26, 1926, ch. 27,

sec. 703, 44 Stat. 98.)

(c) Cross reference.—For general provisions relating to stamps,

see part I of subchapter A of chapter 20. 1043. Packages—

(a) General requirement.—It shall be unlawful for any person

to purchase, sell, dispense, or distribute any of the drugs mentioned

in section 1040 (a) except in the original stamped package or from the original stamped package ; and the absence of appropriate

tax-paid stamps from any of the aforesaid drugs shall be prima

facie evidence of a violation of this subsection by the person in

whose possession same may be found ; and the possession of any original stamped package containing any of the aforesaid drugs by any

person who has not registered and paid special taxes as required by

sections 1383 and 1384 shall be prima facie evidence of liability to such special tax. (Dec. 17, 1914, ch. 1, sec. 1, 38 Stat. 785 as amended

by Feb. 26, 1926, ch. 27, sec. 703, 44 Stat. 97.) _

(b) Exceptions in case of registered practitioners.—The provisions of subsection (a) shall not apply

( 1

) Prescriptions.—To any person having in his or her possession

any of the drugs mentioned in section 1040 (a) which have been obtained from a registered dealer in pursuance of a prescription, writ- ten for legitimate medical uses, issued by a physician, dentist, veter- inary surgeon, or other practitioner registered under section 1384;

and where the bottle or other container in which such drug may be

put up by the dealer upon said prescription bears the name and

registry number of the druggist, serial number of prescription,

name and address of the patient, and name, address, and registry

number of the person writing said prescription ; or

(2) Dispensations direct to patients.—To the dispensing, or administration, or giving away of any of the aforesaid drugs to a

971
T. 26, § 1044] GENERAL LAWS

patient by a registered ph3'Sician, dentist, veterinary surgeon, or other

practitioner in the course of his professional practice, and where said

drugs are dispensed or administered to the patient for legitimate

medical purposes, and the record kept as required by this subchapter

of the drugs so dispensed, administered, distributed, or given away.

(Dec. 17, 1914, ch. 1, sec. 1, 38 Stat. 785 as amended by Feb. 26, 1926,

ch. 27, sec. 703, 44 Stat. 97.)

1044. Order forms—

(a) General requireraent.—It shall be unlawful for any person to

sell, barter, exchange, or give away any of the drugs mentioned in

section 1040 (a) except in pursuance of a written order of the person

to whom such article is sold, bartered, exchanged, or given, on a form

to be issued in blank for that purpose by the Commissioner. (Dec.

17, 1914, ch. 1, sec. 2, 38 Stat. 786.)

^ (b) Exception in case of Virgin Islands.—The President is au- thorized and directed to issue such Executive orders as will permit

those persons in the Virgin Islands of the United States lawfully

entitled to sell, deal in, dispense, prescribe, and distribute the drugs

mentioned in section 1040 (a), to obtain said drugs from persons

registered under section 1384 within the continental United States

for legitimate medical purposes, without regard to the order forms

described in this section. (Dec. 17, 1914, ch. 1, sec. 2, 38 Stat. 786

as amended by Jan. 22, 1927, ch. 51, 44 Stat. 1023.)

(c) Other exceptions.—Nothing contained in this chapter shall

apply—

(1) Use of drugs in professional practice.—To the dispensing or

distribution of any of the drugs mentioned in section 1040 (a) to a patient by a physician, dentist, or veterinary surgeon registered under

section 1384 in the course of his professional practice only : Provided.^

That such physician, dentist, or veterinary surgeon shall keep a record of all such drugs dispensed or distributed, showing the amount

dispensed or distributed, the date, and the name and address of the

patient to whom such drugs are dispensed or distributed, except such

as may be dispensed or distributed to a patient upon whom such

physician, dentist, or veterinary surgeon shall personally attend;

and such record shall be kept for a period of two years from the

date of dispensing or distributing such drugs, subject to inspection,

as provided in section 1046.

(2) Presci^iptions.—To the sale, dispensing, or distribution of any

of the drugs mentioned in section 1040 (a) by a dealer to a consumer

under and in pursuance of a written prescription issued by a physician, dentist, or veterinary surgeon registered under section 1384:

Provided., however^ That such prescription shall be dated as of the

day on which signed and shall be signed by the physician, dentist, or veterinary surgeon who shall have issued the same : And provided further^ That such dealer shall preserve such prescription for a period of two years from the day on which such prescription is filled in such a way as to be readily accessible to inspection by the

officers, agents, employees, and officials mentioned in section 1046.

(3) Exportation.—To the sale, exportation, shipment, or delivery

of any of the drugs mentioned in section 1040 (a) by any person

972
GENERAL LAWS [T. 2G, § 1044

within the United States or any Territory or the District of Cohimbia

or any of the insuhir possessions of the United States to any person

in any foreign country, regidating their entry in accordance with

such reguhitions for importation thereof into such foreign country

as are prescribed by said country, such regulations to be promulgated

from time to time by the Secretary of State of the United States.

(4) Government and State officials.—To the sale, barter, exchange,

or giving away of any of the drugs mentioned in section 1040 (a)

to any officer of the United States Government or of any State, Territorial, district, county, or municipal or insular government lawfully

engaged in making purchases thereof for the various departments of

the Army and Navy, the Public Health Service, and for Government,

State, Territorial, district, county, or municipal or insular hospitals or prisons. (Dec. 17, 1914, ch. 1, sec. 2, 38 Stat. 786.)

(d) Preservation.—Every person who shall accept any order re- quired under subsection (a), and in pursuance thereof shall sell, barter, exchange, or give away any of the drugs mentioned in section

1040 (a), shall preserve such order for a period of two years in such

a way as to be readily accessible to inspection by any officer, agent, or employee of the Treasury Department duly authorized for that

purpose, and the State, Territorial, District, municipal, and insular

officials named in section 1046. (Dec. 17, 1914, ch. 1, sec. 2, 38 Stat. 786.)

(e) Duplicates.—Every person who shall give an order as provided in this section to any other person for any of the drugs mentioned in section 1040 (a) shall, at or before the time of giving such

order, make or cause to be made a duplicate thereof on a forni to be

issued in blank for that purpose by the Commissioner, and in case of the acceptance of such order, shall preserve such duplicate for

said period of two years in such a way as to be readily accessible to inspection by the officers, agents, employees, and officials mentioned

in section 1046. (Dec. 17, 1914, ch. 1, sec. 2, 38 Stat. 786.)

(f) Supply.—The Commissioner, with the approval of the Secretary, shall cause suitable forms to be prepared for the purposes

above mentioned, and shall cause the same to be distributed to col- lectors for sale by them to those persons who shall have registered

and paid the special tax as required by sections 1384 and 1383 in their

districts, respectively; and no collector shall sell any of such forms

to any persons other than a person who has registered and paid the

special tax as required by said sections in his district. The price at which such forms shall be sold by said collectors shall be fixecl by the

Commissioner, with the approval of the Secretary, but shall not

exceed the sum of $1 per hundred. Every collector shall keep an

account of the number of such forms sold by him, the names of the

purchasers, and the number of such forms sold to each of such

purchasers. Whenever any collector shall sell any of such forms,

he shall cause the name of the purchaser thereof to be plainly

written or stamped thereon before delivering the same; and no person

other than such purchaser shall use any of said forms bearing the

name of such purchaser for the purpose of procuring any of the

aforesaid drugs, or furnish any of the forms bearing the name of

such purchaser to any person with intent thereby to procure the

973
T. 26, § 1045] GENERAL LAWS

shipment or delivery of an}^ of the aforesaid drugs. (Dec. 17, 1914,

eh. 1, sec. 2, 38 Stat. 787.)

(g) Unlmcful iise.—It shall be unlawful for any pereon to obtain

by means of said order forms any of the aforesaid drugs for any

purpose other than the use, sale, or distribution thereof by him in the conduct of a lawful business in said drugs or in the legitimate

practice of his profession. (Dec. 17, 1914, ch. 1, sec. 2. 38 Stat. 787.)

(h) Issuance in Puerto Rico and the Philippine Islands.—F(jr

issuance of order forms in Puerto Rico and the Philippine Islands,

see subsection (a) of section 1054. 1045. Records, statements, and returns—

(a) General requireinents.—Every person liable to any tax imposed by this subchapter or section 1383, or for the collection thereof,

shall keep such records, render under oath such statements, make

such returns, and complj^ with such rules and regulations, as the

Commissioner, witli the approval of the Secretarv, may from time

to time prescribe. (Feb. 26, 1926, ch. 27, sec. 1102 (a) , 44 Stat. 112.)

(b) Boohs and monthly returns of importers^ manufacturers^ and

wholesale dealers.—Importers, manufacturers, and wholesale dealers

shall keep such books and records and render such monthly returns

in relation to the transactions in the aforesaid drugs as the Commissioner, with the approval of the Secretary, may by regulations re- quire. (Dec. 17, 1914, ch. 1, sec. 1, 38 Stat. 785 as amended by Feb.

26, 1926, ch. 27, sec. 703, 44 Stat. 98.)

(c) Returns hy registrants of drugs received.—Any person who

shall be registered in any internal revenue district under the provisions of section 1384 shall, whenever required so to do by the col- lector of the district, render to the said collector a true and correct statement or return, verified by affidavit, setting forth the quantity

of the aforesaid drugs received by him in said internal revenue district during such period immediately preceding the demand of the

collector, not exceeding three months, as the said collector may fix and determine; the names of the persons from whom the said drugs were received; the quantity in each instance received from each of

such persons ; and the date when received. (Dec. 17, 1914, ch. 1, sec. 3, 38 Stat. 787.)

1046. Inspection and copies of returns, duplicate order forms,

and prescriptions.—The duplicate order forms and tlie prescriptions

required to be preserved under the provisions of section 1044 (c) (2),

and the statements or returns filed in the office of the collector of

the district, under the provisions of section 1045 (c), shall be open

to inspection by officers, agents, and emplo^'ees of the Treasury Department duly authorized for that purpose; and such officials of any

State or Territory, or of any organized municipality therein, or of

the District of Columbia, or of any insular possession of tlie United

States, as shall be charged with the enforcement of any law or municipal ordinance regulating the sale, prescribing, dispeusing, dealing in, or distribution of the aforesaid drugs. Each collector shall

be authorized to furnish, upon written request, certified copies of any

of the said statements or returns filed in his office to an^^ of such

officials of any State or Territory or organized municipality therein,

974
GENERAL LAWS [T. 2G, § 1047

or the District of Columbia, or any insular possession of the United

States, as shall be entitled to inspect the said statements or returns

filed in the office of the said collector, upon the paj^nent of a fee of

$1 for each one hundred words or fraction thereof in the copy or

copies so requested. (Dec. 17. 1914, ch. 1, sec. 5, 38 Stat. 788.)

1047. Penalties—

(a) U?} Jawful dJsclosure of information on returns or order

forms.—Any person who shall disclose the information contained in

the statements or returns required under subsection (c) of section

1045 or in the duplicate order forms required in subsection (e) of

section 1044, except as expressly provided in section 1046, and except

for the purpose of enforcing the provisions of this subchapter or part

V of subchapter A of chapter 19, or for the purpose of enforcing

any law of any State or Territory or the District of Columbia, or any insular possession of the United States, or ordinance of any or- ganized municipality therein, regulating the sale, prescribing, dis- pensing, dealing in, or distribution of the drugs mentioned in section

1040 (a), shall, on conviction, be fined or imprisoned as provided

by subsection (b) (1). (Dec. 17, 1914, ch. 1, sec. 5, 38 Stat. 788.)

(b) Violations in general.—(1) Any person who violates or fails to comply with any of the requirements of this subchapter or part V

of subchapter A of chapter 19, shall, on conviction, be fined not more

than $2,000 or be imprisoned not more than five years, or both, in the

discretion of the court. (Dec. 17, 1914, ch. 1, sec. 9, 38 Stat. 789.)

(2) Any person required under this subchapter or section 1383 to pay any tax, or required by law or regulations made under authority

thereof to make a return, keep any records, or supply any information, for the purposes of the computation, assessment, or collection of

any tax imposed by this subchapter or section 1383 who willfully

fails to pay such tax, make such return, keep such records, or supply

such information, at the time or times required by law or regulations,

shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, be fined not more than

$10,000, or imprisoned for not more than one year, or both, together

with the costs of prosecution.

(3) Any person required under this subchapter or section 1383

of chapter 19 to collect, account for, and pay over any tax imposed

by this subchapter or said section 1383 who willfully fails to collect or truthfully account for and pay over such tax, and any person who

willfully attempts in any manner to evade or defeat any tax imposed

by this subchapter or section 1383 or the payment thereof, shall, in

addition to other penalties provided by law, be guilty of a felony and,

upon conviction thereof, be fined not more than $10,000, or imprisoned for not more than five years, or both, together with the costs of prosecution.

(4) Any person who willfully fails to pay, collect, or truthfully

account for and pay over, any tax imposed by this subchapter or

section 1383 who willfully attempts in any manner to evade or defeat

any such tax or the payment thereof, shall, in addition to other penalties provided by law, be liable to a penalty of the amount of the

tax evaded, or not paid, collected, or accounted for and paid over,

to be assessed and collected in the same manner as taxes are assessed

975
T. 26, § 1048] GENERAL LAWS

and collected. No penalty shall be assessed under this paragraph for

any offense for which a penalty may be assessed under authority of

section 1512 (e).

(5) The term "person" as used in paragraphs (2), (3), and (4)

includes an officer or employee of a corporation or a member or employee of a partnership, who as such officer, employee, or member

is under a duty to perform the act in respect of which the violation

occurs. (Feb. 26, 1926, ch. 27, sec. 1114 (a), (b), (d), and (f), 44

Stat. 116, 117.)

For definition of " person " as used generally in this chapter, see subsection (a) of section 1391.

(c) Cross reference.—For general penalty provisions, see part III

of subchapter A of chapter 20 and section 1693 of chapter 25. 1048. Forfeitures—

(a) Unstamped pacliages.—All unstamped packages of the drugs

mentioned in section 1040 (a) found in the possession of any person,

except as provided in this subchapter, shall be subject to seizure and

forfeiture, and all the provisions of internal revenue laws relating to searches, seizures, and forfeiture of unstamped articles shall be

extended to and made to apply to the articles taxed under this subchapter and the j)ersons upon wdiom these taxes are imposed. (Dec.

17, 1914, ch. 1, sec. 1, 38 Stat. 785 as amended by Feb. 26, 1926, ch. 27, sec. 703, 44 Stat. 98.)

(b) Seized opiwn—Confiscation and disposal.—All opium, its salts, derivatives, and compounds, and coca leaves, salts, derivatives,

and compounds thereof, seized by the United States Government

from any person oi- persons charged with any violation of this

chapter or part V of subchapter A of chapter 19, or the Act of Feb.

9, 1909, ch. 100, 35 Stat. 614 as amended by the act of Jan. 17, 1914,

ch. 9, 38 Stat. 275 (U.S.C., Title 21, sees. 171-184), shall upon conviction of the person or persons from whom seized be confiscated

by and forfeited to the United States; and the Secretary shall be

authorized to deliver for medical or scientific purposes to any department, bureau, or other agency of the United States Government,

upon proper application therefor under such regulation as may be

prescribed by the Commissioner, with the approval of the Secretary,

any of the drugs so seized, confiscated, and forfeited to the United

States. The provisions of this paragraph shall also appl}'- to any

of the aforesaid drugs seized or coming into the possession of the

United States in the enforcement of this chapter, part V of subchapter A of chapter 19, or any of the above-mentioned acts where

the owner or owners thereof are unknown. None of the aforesaid

drugs coming into possession of the United States under the operation of said chapter, part, or acts, or the provisions of this paragraph,

shall be destroyed without certification by a committee appointed by

the Commissioner, with the approval of the Secretary, that they are

of no value for medical or scientific purposes. (Feb. 26, 1926, ch. 27,

sec. 705, 44 Stat. 99.)

(c) Cross-reference.—For general forfeiture provisions, see part III of subchapter A of chapter 20 and section 1693 of chapter 25. 1049. Regulations.—The Commissioner, with the approval of the

Secretary, shall make, prescribe, and publisli all needful rules and

976
GENERAL LAWS [T. 26, § 1054

regulations for carrying the provisions of this subchapter and part

V of subchapter A of chapter 19 into effect. (Dec. 17, 1914, ch. 1, sec. 1, 38 Stat. 785; Feb. 26, 1926, ch. 27, sec. 703, 1101, 44 Stat. 98,

111.)

1050. Appointment of personnel.—The Commissioner, with the

approval of the Secretary, is authorized to appoint such agents,

deputy collectors, inspectors, chemists, assistant chemists, clerks, and

messengers in the field and in the Bureau of Internal Revenue in

the District of Columbia as may be necessary to enforce the provisions of this subchapter and part V of subchapter A of chapter 19. (Dec. 17, 1914, ch. 1 sec. 10, 38 Stat. 789.)

1051. Laws unaffected.—Nothing contained in this subchapter or part V of subchapter A of chapter 19 shall be construed to impair,

alter, amend, or repeal any of the provsions of the Act of Congress

approved June thirtieth, nineteen hundred and six, entitled "An Act

for preventing the manufacture, salej or transportation of adulterated

or misbranded, or poisonous, or deleterious foods, drugs, medicines,

and liquors, and for regulating traffic therein, and for other purposes,"

ch. 3915, 34 Stat. 768 (U.S.C, Title 21; sees. 1-15), and any amendment thereof, or of the Act approved February ninth, nineteen

hundred and nine, entitled "An Act to prohibit the importation and

use of opium for other than medicinal purposes," ch. 100, 35 Stat. 614 (U.S.C, Title 21; sees. 171-185), and any amendment thereof.

(Dec. 17, 1914, ch. 1, sec. 12, 38 Stat. 790.)

1052. Other laws applicable.—All administrative, special, or stamp provisions of law, including the law relating to the assess- ment of taxes, so far as applicable, shall be extended to and made a part of this subchapter and sections 1383, 1384, 1385 and subsection

(a) of section 1387 of chapter 19. (Feb. 26, 1926, ch. 27, sec. 1100,

44 Stat. 111.)

For provisions making applicable the internal revenue laws relat- ing to the engraving, issuance, sale, accountability, cancellation, and

destruction of tax-paid stamps, see subsection (b) of section 1042. 1053. Territorial extent of law.—The provisions of this subchapter and part V of subchapter A of chapter 19 shall apply to the

United States, the District of Columbia, the Territory of Alaska, the

Territory of Hawaii, the insular possessions of the United States,

and the Canal Zone. (Dec. 17, 1914, ch. 1, sec. 2, 38 Stat. 787.)

1054. Administration in insular possessions and Canal Zone—

(a) Puerto Rico and the Philippine Islands.—In Puerto Eico and

the Philippine Islands the administration of this subchapter and

part V of subchapter A of chapter 19, the collection of the special

tax imposed by section 1382 of chapter 19, and the issuance of the

order forms specified in section 1044 shall be performed by the

appropriate internal revenue officers of those governments, and all revenues collected thereunder in Puerto Rico and the Philippine

Islands shall accrue intact to the general governments thereof, re- spectively. The courts of first instance in the Philippine Islands

shall possess and exercise jurisdiction in all cases arising in said

977
T. 26, § 1055] GENERAL LAWS

islands under this subchapter and said part V of chapter 19. (Dec.

17, 1914, ch. 1, sec. 2, 38 Stat. 787; May 17, 1932, ch. 190, 47 Stat. 158.)

(b) Caiial Zone.—The President is authorized and directed to

issue such Executive orders as will carrj- into effect in the Canal

Zone the intent and purpose of this subchapter and part V of subchapter A of chapter 19 by providing for the registration and the

imposition of a special tax upon all persons in the Canal Zone who

produce, import, compound, deal in, dispense, sell, distribute, or give

aw^ay opium or coca leaves, their salts, derivatives, or preparations.

(Dec. 17, 1914, ch. 1, sec. 2, 38 Stat. 787.)

(c) Virgin Islands.—For authoritj'^ of the President to exempt

persons in the Virgin Islands from the order form requirements, see subsection (b) of section 1044.

1055. Definitions.—For definitions of the following, see the subsections of section 1391 indicated below:

(a) Person.—Subsection (a).

(b) hnporter^ manufacturer.^ or 'producer.—Subsection (b).

(c) Wholesale dealer.—Subsection (c).

(d) Retail dealer.—Subsection (d).

CHAPTER 19.—OCCUPATIONAL TAXES (SUBCHAPTER A, SPECIAL

PROVISIONS: PART V, NARCOTICS)

Section 1383. Tax.—On or before July 1 of each year, every per- son who imports, manufactures, produces, compounds, sells, deals in,

dispenses, or gives away opium or coca leaves, or any compound,

manufacture, salt, derivative, or preparation thereof, shall pay tlie special taxes hereinafter provided. Every person upon first en- gaging in any of such activities shall immediately pay the proportionate part of the tax for the period ending on the following

June 30. (Dec. 17. 1914, ch. 1, sec. 1, 38 Stat. 785. as amended bv

Feb. 24, 1919. ch. 18, sec. 1006, 40 Stat. 1130; Feb. 26, 1926, ch. 27,

sec. 703, 44 Stat. 96.)

(a) Importers^ manufacturers.^ or producers.—Importers, manufacturers, producers, or compounders, $24 a year

(b) Wholesale dealers.—Wholesale dealers, $12 a year;

(c) Retail dealers.—Retail dealers, $3 a year;

(d) Physicians, dentists., vetennary surgeons., and other practitioners.—Physicians, dentists, veterinary surgeons, and other practitioners, lawfully entitled to distribute, dispense, give away, or administer any of the aforesaid drugs to patients upon whom they

in the course of their professional practice are in attendance, $1 each

year or fraction thereof, during which they engage in any of such

activities. (Dec. 17, 1914, ch. 1, sec. 1, 38 Stat. 785, as amended by

May 29, 1928, ch. 852, sec. 432, 45 Stat. 867.)

(e) Persons not other\oise taxed.—For a tax of $1 a year on

persons not otherwise taxed, dispensing preparations and remedies

of limited narcotic content, see section 1041 (a).

(f) Persons in Canal Zone.—For authority of the President to issue Executive orders providing for the imposition of a special tax upon all persons in the Canal Zone who produce, import, compound, deal in, dispense, distribute, sell, or give away opium or

coca leaves, their salts, derivatives, or preparations, see section

1054 (b). 978
GENERAL LAWS [T. 26, § 1387

1384. Registration.—On or before July 1 of each year every per- son who engages in any of the activities enumerated in section 1383

shall register with the collector of the district his name or style,

place of business, and place or places where such business is to be

carried on ; and every person upon first engaging in any such activities shall immediatelv make like registration. (Dec. 17, 1914, ch. 1, sec. 1, 38 Stat. 785 as amended by Feb. 24, 1919, ch. 18, sec. 1006,

40 Stat. 1130; Feb. 2G, 1926, ch. 27, sec. 703, 44 Stat. 96.)

1385. Exemption from tax and registration—

(a) Employees.—No employee of any person who has registered

and paid special tax as required in this part acting within the

scope of his employment, shall be required to register and pay special tax provided by sections 1383 and 1384.

(b) Goveminent and State officials.—Officials of the United

States, Territorial, District of Columbia, or insular possessions, State or municipal governments, who in the exercise of their official duties

engage in an}^ of the business herein described, shall not be required

to register or pay special tax, but their right to this exemption shall

be evidenced in such manner as the commissioner, with the approval

of the Secretary, mav, by regulations, prescribe. (Dec. 17, 1914,

ch. 1, sec. 1, 38 S\at. 785 as'amended by Feb. 24, 1919, ch. 18, sec. 1006,

40 Stat. 1130; Feb. 26, 1926, ch. 27, sec. 703, 44 Stat. 97.)

For autliority of the President to issue Executive orders providing for the registration of all persons in the Canal Zone who produce, import, compound, deal in, dispense, distribute, sell, or give

away opium or coca leaves, their salts, derivatives, or preparations,

see section 1054 (b).

1386. Possession of stamped packages as evidence of tax liabil- ity.—For possession of original stamped packages as prima facie

evidence of liability to special tax, see section 1043 (a).

1387. Unlawful acts in case of failure to register and pay special

tax—

(a) Trafccking.—It shall be unlaw^ful for any person required to register under the provisions of this part or section 1041 (a) to import, manufacture, produce, compound, sell, deal in, dispense, dis- tribute, administer, or give away any of the aforesaid drugs without

having registered and paid the special tax as imposed by this part, or section 1041 (a)- (I^ec. 17, 1914, ch. 1, sec. 1, 38 Stat. 785 as amended bv Feb. 24, 1919, ch. 18. sec. 1006, 40 Stat. 1130; Feb. 26,

1926, ch. 27*^, sec. 703, 44 Stat. 97.)

(b) Transportation.—It shall be unlawful for any person who

shall not have registered and paid the special tax as required by

section 1383 and 1384 to send, ship, carry, or deliver any of the

aforesaid drugs from any State or Territory or the District of

Columbia, or any insular possession of the United States, to any per- son in any other State or Territory or the District of Columbia or any

insular possession of the United States : Provided^ That nothing con- tained in this section shall apply to common carriers engaged in

transporting the aforesaid drugs, or to any employee acting within the

scope of his employment, of any person who shall have registered

ancl paid the special tax as required by sections 1383 and 1384, or

979
T. 26, § 1388] GENERAL LAWS

to any person who shall deliver any such drug which has been

prescribed or dispensed by a physician, dentist, or veterinarian re- quired to register under the terms of this part or section 1041 (a)

who has been employed to prescribe for the particular patient

receiving such drug, or to any United States, State, county, municipal, district. Territorial, or insular officer or official acting within

the scope of his official duties. (Dec. 17, 1914, ch. 1, sec. 4, 38 Stat. 788.)

(c) Possession.—It shall be unlawful for any person who has not

registered and jDaid the special tax as provided for by this part or

section 1041 (a), to have in his possession or under his control

any of the aforesaid drugs; and such possession or control shall be presumptive evidence of a violation of this subsection and subsection (a), and also a violation of the provisions of sections 1383

and 1384 : Provided^ That this subsection shall not apply to any employee of a registered person, or to a nurse under the supervision

of a physician, dentist, or veterinary surgeon registered under this

part or section 1041 (a), having such possession or control by virtue

of his employment or occupation and not on his own account; or

to the possession of any of the aforesaid drugs which has or have

been prescribed in good faith by a physician, dentist, or veterinary

surgeon registered under this part or section 1041 (a) ; or to any

United States, State, county, municipal, district. Territorial, or

insular officer or official who has possession of any said drugs, by

reason of his official duties, or to a warehouseman holding possession

for a person registered and who has paid the taxes under this part

and chapter 12; or to common carriers engaged in transporting such

drugs: Provided furthei', That it shall not be necessary to negative

any of the aforesaid exemptions in any complaint, information,

indictment, or other writ or proceedings laid or brought under this

part or chapter 12 ; and the burden of proof of any such exemption

shall be upon the defendant. (Dec. 17, 1914, ch. 1, sec. 8, 38 Stat. 789.)

1388. Penalties.—For penalties for violating or failing to comply

with any of the provisions of this part, see section 1047 (b) (1).

1389. List of special taxpayers.—Collectors are authorized to furnish, upon written request, to any person, a certified copy of

the names of any or all persons who may be listed in their respective

collection districts as special taxpayers under the provisions of this

part or section 1041 (a), upon payment of a fee of $1 for each 100 names or fraction thereof in the copy so requ&sted. (Dec. 17, 1914,

ch. 1, sec. 5, 38 Stat. 788.)

1390. Other laws applicable.—(a) All provisions of law relating

to special taxes, as far as necessary shall be extended and made

applicable to the special tax imposed by this part. (Dec. 17, 1914,

ch. 1, sec. 1, 3'8 Stat. 786, as amended by Feb. 24, 1919, ch. 18, sec. 1006, 40 Stat 1130; Feb. 26, 1926, ch. 27, sec. 703, 44 Stat. 97.)

(b) All laws relating to the assessment, collection, remission, and

refund of internal revenue taxes, including section 1661, so far as applicable to and not inconsistent with the provisions of this part

and subchapter A of chapter 12 shall be extended and made appli980
GENERAL LAWS [T. 27, § 122

cable to the special taxes imposed by this part and section 1041 (a).

(Dec. 17, 1914, ch. 1, sec. 7, 38 Stat. 789.)

1391. Definitions—

(a) Person.—The word "person" as used in this part and chapter 12 shall be construed to mean and include a partnership, association, company, or corporation, as well as a natural person.

(b) Importer^ nnanufacturer^ or producer.—Every person who

imports, manufactures, compounds, or otherwise produces for sale or distribution any of the drugs mentioned in section 1383 shall be

deemed to be an importer, manufacturer, or producer.

(c) Wholesale dealer.—Every person who sells, or offers for sale,

any of said drugs in the original stamped packages as provided in

section 1043 (a) shall be deemed a wholesale dealer.

(d) Retail dealer.—Every person who sells or dispenses from

original stamped packages as provided in section 1043 (a) shall be

deemed a retail dealer: Provided., That the office, or if none, the

residence, of any person shall be considered for the purposes of this

part and chapter 12 his place of business. (Dec. 17, 1914, ch. 1, sec. 1, 38 Stat. 786 as amended by Feb. 24, 1919, ch. 18, sec. 1006, 40

Stat. 1130; Feb. 26, 1926, ch. 27, sec. 703, 44 Stat. 96, 97.)

UNITED STATES CODE, TITLE 27 INTOXICATING LIQUORS

Section 122. Shipments into States having dry laws; prohibition.—The shipment or transportation, in any manner or by any means whatsoever, of any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind, from one State, Territory, or

District of the United States, or place noncontiguous to but subject

to the jurisdiction thereof, into any other State, Territory, or District

of the United States, or place noncontiguous to but subject to the

jurisdiction thereof, or from any foreign country into any State,

Territory, or District of the United States, or place noncontiguous

to but subject to the jurisdiction thereof, which said spirituous,

vinous, malted, fermented, or other intoxicating liquor is intended,

by any person interested therein, to be received, possessed, sold, or

in any manner used, either in the original package or otherwise, in

violation of any law of such State, Territory, or District of the

United States, or place noncontiguous to but subject to the jurisdiction thereof, is hereby prohibited. (Mar. 1, 1913, ch. 90, 37 Stat.

699.)

Note.—The Act cited to the text was entitled "An Act divesting intoxicating

liquors of their interstate character in certain cases ", and is known as the

" Webb-Kenyon Act." See also the twenty-first amendment to the Constitution of the United States, repealing the eighteenth amendment, which by its second section, prohibits " the transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation

of the laws thereof." For provisions relative to the shipment of liquor in interstate commerce,

applicable to places noncontiguous to but subject to the jurisdiction of the United States, see title 18, sections 388 to 390. For provisions relative to the mailing of liquors, see title 18, section 340.

981
T. 28, § 225] GENERAL LAWS

UNITED STATES CODE, TITLE 28 JUDICIAL CODE AND JUDICIARY

Ch. Sec.

6. Circuit Courts Of Appeals 225

16. Fees. Compensation, and Ac- counts of Officers 58Ga

Cli. Sec.

IS. Procedure 723a

CHAPTER 6.—CIRCUIT COURTS OF APPEALS

Section 225. Appellate jurisdiction—

(a) Review of -final decisions.—The circuit courts of appeal shall have appellate jurisdiction to rev.iew by appeal or writ of error final decisions

Third. * * * in the district court for the Canal Zone in the

cases and mode prescribed in sections 1307, 1324, 1336, and 1341 to 1357 of title 48.

:;•' * si: ^ :;< * * (b) Review of interJocufory orders or decrees of disfrief eourts.—

The circuit court of appeals shall also have appellate jurisdiction

First. To review the interlocutory orders or decrees of the district courts, including the District Courts of Alaska, Hawaii, Virgin

Islands, and Canal Zone, which are specified in section 227 of this

title.

(Mar.

******* 3, 1891, ch. 517, sec. 6, 26 Stat. 828; Mar. 3, 1911, ch. 231, sec. 128, 36 Stat. 1133; Jan. 28, 1915, ch. 22, sec. 2, 38 Stat. 803; Feb. 7, 1925, ch. 150, 43 Stat. 813; Feb. 13, 1925, ch. 229, sec. 1, 43 Stat. 936;

May 20, 1926, ch. 347, sec. 13 (a), 44 Stat. 587; Apr. 11, 1928, ch. 354,

sec. 1, 45 Stat. 422.)

Ckoss-Refebence

See, also, Canal Zone Code, title 7, sections 61 and 62. 227. Appeals in proceedings for injunctions and receivers.—

Where, upon a hearing in a di.strict court, or by a judge thereof in vacation, an injunction is granted, continued, modified, refused, or

dissolved by an interlocutory order or decree, or an application to

dis.solve or modify an injunction .is refused, or an interlocutory

order or decree is made appointing a receiver, or refusing an order

to wind up a pending receivership or to take the appropriate steps

to accomplish the piu-poses thereof, such as directing a sale or other

disposal of property held thereunder, an appeal may be taken from

such interlocutory order or decree to the circuit court of appeals;

and sections 346 and 347 of this title shall apply to such cases in the circuit courts of appeals as to other cases therein. The appeal

to the circuit court of appeals must be applied for Avithin thirty

days from the entry of such order or decree, and shall take prece- dence in the appellate court; and the proceedings in other respects

in the district court shall not be stayed during the pendency of such

appeal unless otherwise ordered by the court, or the ai)pellate court, or a judge thereof. The district court, may, in its discretion, require

982
GENERAL LAWS [T. 28, § 723a an additional bond as a condition of the appeal. In all cases where

an appeal from a final decree in admiralty to the circuit court of appeals is allowed an appeal may also be taken to said court from an

interlocutory decree in admiralty determinin<y the rights and lia- bilities of the parties : Provided^ That the same is taken within fif- teen da.ys after the entry of the decree : And promded further^ That

within twenty days after such entry the appellant shall give notice

of the appeal to the appellee or appellees: but the taking of such

appeal shall not stay proceedings under the interlocutory decree

otherwise ordered hy the district court upon such terms as shall seem just. (Mar. 3, 1891, ch. 517, sec. 7, 26 Stat. 828; Feb. 18, 1895,

ch. 96, 28 Stat. 666; June 6, 1900, ch. 803, 31 Stat. 660; Apr. 14, 1906,

ch. 1627, 34 Stat. 116; Mar. 3, 1911, ch. 231, sec. 129, 36 Stat. 1134;

Feb. 13, 1925, ch. 229, sec. 1, 43 Stat. 937; Apr. 3, 1926, ch. 102, 44

Stat. 233.)

Note.—Sections 346 and 347 of this title, referred to in this section, relate, respectively, to the certification of questions to the Supreme Court, and to review

by the Supreme Court on certiorari. 228. Allowance of appeals and writs of error.—Any judge of a

circuit court of appeals, in respect of cases brought or to be brought

before that court, shall have the same powers and duties as to allow- ances of appeals and writs of error, and the conditions of such allowances, as by law belong to the justices or judges in respect of other

courts of the United States, respectively. (Mar. 3, 1891, ch. 517, sec. 11, 26 Stat. 829; Mar. 3, 1911, ch. 231, sec. 132, 36 Stat. 1134.)

Note.—Power of Supreme Court to regulate the manner of taking appeals in criminal cases, see section 723a of this title. 230. Time for making application for appeal or writ of error.—

No writ of error or appeal intended to bring any judgment or decree

before a circuit court of appeals for review shall be allowed unless

application therefor be duly made within three months after the

entry of such judgment or decree. (Mar. 3, 1891, ch. 517, sec. 11, 26

Stat. 829; Feb. 13, 1925, ch. 229, sec. 8 (c), 43 Stat. 940.)

Note.—Power of Supreme Court to regulate, by rule, time of taking appeals

in criminal cases, see section 723a of this title. The writ of error has been abolished by section 861a of this title and appeal

substituted therefor. CHAPTER 16.—FEES, COMPENSATION, AND ACCOUNTS OF OFFICERS

Section 586a. United States marshals; accounts.

Note.—Tins section expressly excepts the marshal of the district court in the Canal Zone. CHAPTER 18.—PROCEDURE

Section 723a. Proceedings in criminal cases after verdict or finding of guilt; power of Supreme Court to prescribe by rule.—The

Supreme Court of the United States shall have the power to prescribe, from time to time, rules of practice and procedure with

respect to any or all proceedings after verdict, or finding of guilt

by the court if a jury has been waived, or plea of guilty, in criminal

cases in district courts of the United States, including the District

Courts of Alaska, Hawaii, Puerto Rico, Canal Zone, and Virgin

»83
T. 28, § 780] GENERAL LAWS

Islands, in the Supreme Courts of the District of Cohimbia, Hawaii,

and Puerto Rico, in tlie United States Court for China, in the United

States Circuit Courts of Appeals, in the Court of Appeals of the

District of Columbia, and in the Supreme Court of the United

States: Promded^ That nothing herein contained shall be construed

to give the Supreme Court the power to abridge the right of the

accused to apply for withdrawal of a plea of guilty, if such application be made within ten cla^^s after entry of such plea, and before

sentence is imposed.

The right of appeal shall continue in those cases in which appeals

are now authorized by law, but the rules made as herein authorized

ma}^ prescribe the times for and manner of taking appeals and applying for writs of certiorari and preparing records and bills of

exceptions and the conditions on which supersedeas or bail may be

allowed.

The Supreme Court may fix the dates when such rules shall take

effect and the extent to which they shall apply to proceedings then

pending, and after they become effective all laws in conflict therewith

shall be of no further force. (Feb. 24, 1933, ch. 119, sees. 1-3, 47

Stat. 904; Mar. 8, 1934, ch. —, 48 Stat. —.) 780. Survival of actions, suits, or proceedings—

(a) By or against officer of United States, Distinct of Columhia,

Canal Zone, or territory or insular possession of United States, or of

county, and so forth, of such territory or insular possession.—Where,

dwring the pendency^ of an action, suit, or other proceeding brought

by or against an officer of the United States, or of the District of

Columbia, or the Canal Zone, or of a Territory or an insular posses- sion of the United States, or of a county, city, or other governmental

agency of such Territory or insular possession, and relating to the

present or future discharge of his official duties, such officer dies,

resigns, or otherwise ceases to hold such office, it shall be competent

for the court wherein the action, suit, or proceeding is pending,

whether the court be one of first instance or an appellate tribunal,

to permit the cause to be continued and maintained by or against

the successor in office of such officer, if within six months after his

death or separation from the office it be satisfactorily shown to the court that there is a substantial need for so continuing and maintaining the cause and obtaining an adjudication of the questions involved.

(c) Notice of application for substitution of parties.—Before a

substitution under this section is made, the party or officer to be

affected, unless expressly consenting thereto, must be given reasonable

notice of the application therefor and accorded an opportunity to present any objection which he may have. (Feb. 8, 1899, ch. 121,

30 Stat. 822; Feb. 13, 1925, ch. 229, sec. 11, 43 Stat. 941.)

861 to 880. Procedure on error and appeal.—

No-ng.—Insofar as these sections relate to writs of error they are affected by sections 861a and 8Glh of title 28, whicli abolish the writ of error, substitute appeal therefor, and render applicable to appeals the statutes regulating writs

of error. Relative to procedure in crinimal cases after verdict, see section 723a of this

title. 984
GENERAL LAW8 [T. 31, § 718 UNITED STATES CODE, TITLE 29 LABOR

Section 48 to 48g. Employment Stabilization Act of 1931.

Note.—The Act cited to the text was entitled "An Act to provide for the advance planning and repnilated construction of public works, for the stabiliza- tion of industry, and for aiding in the prevention of unemployment during

periods of business depression."

The term " construction agencies " as defined in section 4Sa, Includes the Panama Canal. UNITED STATES CODE, TITLE 31 MONEY AND FINANCE

Sections 1 to 58. The National Budget and Audit System.—

(June 10, 1921, ch. 18, 42 Stat. 20.) Note.—These sections, constituting chapter 1 of title 31, were derived from

the Budget and Accounting Act, 1921. 71 to 122. Audit and settlement of accounts.

Nqxe —These sections, some of the provisionsi of which may be of interest

in the Canal Zone, constitute chapter 2 of title 31. 471 to 550. The public moneys.

Note.—These sections constitute chapter 10 of title 31. Some of the sections which may be of interest in the Canal Zone are hereinafter indicated. 528. Duplicates for lost, stolen or destroyed disbursing officers' checks or postal checks or warrants.

529. Advances of public moneys; prohibition against.

529a. Same ; enforcement of sections relating to narcotic drugs.

530. Same; payment in advance for periodicals.

Note.—See also title 5, section llSb. 581 to 722. Appropriations.

Note.—These sections constitute chapter 11 of title 31. Some of the sections which may be of interest in the Canal Zone are hereiuaf'ter indicated. 581. Contents of estimates of appropriations and statements of

expenditures and estimated expenditures; statements accompanying lump-sum appropriations.

582. Statements required with estimates for lump-sum appropriations.

621. Estimates of appropriations for Panama Canal.—(Aug. 1, 1914, ch. 223, sec. 6, 38 Stat. 679.)

Note.—This section is considered as having been covered by the Budget and

Accounting Act, 1921. 625. Statement of proceeds of sales of old material.

686, 686b. Purchase or manufacture of stores or materials or performance of services by bureau or department for another

bureau or department.

Note.—Section 686 was amended, and section 6S6b added, by Act June 30, 1932, ch. 314, sees. 601, 602, 47 Stat. 417. 718. Appropriations in annual appropriation acts not permanent.

93083—34 63 985
T. 32, § 121] GENERAL LAWS

UNITED STATES CODE, TITLE 32 NATIONAL GUARD

Section 121. Enlisted strength of National Guard.—* * *

Provided further, That the word Territory as used in this title and

in all laws relating to the land militia and National Guard shall include and apply to Hawaii, Alaska, Porto Rico, and the Canal

Zone, and the militia of the Canal Zone shall be organized under such

rules and regulations, not in conflict Avith the provisions of this title, as the President may prescribe. (June 3, 1916, ch. 134, sec. 62, 39

Stat. 198.)

Note.—The above proviso was omitted from tlie U.S. Code, but was restored by the seventh supplement thereto. UNITED STATES CODE, TITLE 35 PATENTS

Sections 1 to 88. Patents.—

Notb:.—See Canal Zone Code, title 3, section 391, rendering the patent laws

of the United States of the same force and effect in the Canal Zone as in the United States, and conferring jurisdiction in actions arising under such laws

upon the district court. UNITED STATES CODE, TITLE 39 THE POSTAL SERVICE

Sections 1 to 827. The Postal Service.

Note.—See Canal Zone Code, title 2, section 271. relative to the application to the Canal Zone postal service of the laws, rules and regulations of the Postal

Service of the United States, which are not inapplicable to conditions existing

in the Canal Zone. For provisions defining postal crimes, see title 18, sections 301 to 361. UNITED STATES CODE, TITLE 40 PUBLIC BUILDINGS, PROPERTY, AND WORKS

Section 40a. Lease of buildings to Government; maximum

rental.—After June 30, 1932, no appropriation shall be obligated or expended for the rent of any building or part of a building to be

occupied for Government purposes at a rental in excess of the per

annum rate of 15 jjer centum of the fair market value of the rented

premises at date of the lease under which the premises are to be oc- cupied by the Gqvernment nor for alterations, improvements, and

repairs of the rented premises in excess of 25 per centum of the

amount of the rent for the first year of the rental term, or for the

rental term if less than one year: Promded, That the provisions of

this section shall not apply to leases heretofore made, except when

renewals thereof are made hereafter, nor to leases of premises in

foreign countries for the foreign services of the United States : Provided further^ That the provisions of this section as applicable to

rentals, shall apply only where the rental to be paid shall exceed

$2,000 per annum. (June 30, 1932, ch. 314, sec. 322, 47 Stat. 412;

Mar. 3, 1933, ch. 212, Title II, sec. 15, 47 Stat. 1517.)

9S6
GENERAL LAWS [T. 41, § 10a

303b. Lease of buildings by Government; money consideration.—After June 30, 1932, except as otherwise specifically provided

by law, the leasing of buildings and properties of the United States

shall be for a money consideration only, and there shall not be

included in the lease any provision for the alteration, repair, or improvement of such buildings or properties as a part of the consideration for the rental to paid for the use and occupation of the same. The moneys derived from such rentals shall be deposited and covered

into the Treasury as miscellaneous receipts. (June 30, 1932, ch. 314,

sec. 321, 47 Stat. 412.)

321 to 326. Hours of labor on public works.— (Aug. 1, 1892,

ch. 352, 27 Stat. 340; June 19, 1912, ch. 174, 37 Stat. 137; Mar. 3, 1913,

ch. 106, 37 Stat. 726; Mar. 4, 1917, ch. 180, 39 Stat. 1192.)

Note.—These sections fix an eight-hour day for laborers and mechanics

employed on a public work of the United States, and require contracts to which

the United States is a party, with certain exceptions, to provide for an eighthour day.

UNITED STATES CODE, TITLE 41 PUBLIC CONTRACTS

Section 5. Advertisements for proposals for purchases and contracts for supplies or services for departments of Government.—

Except as otherwise provided by law all purchases and contracts for supplies or services in any of the departments of the Government

and purchases of Indian supplies, except for personal services, shall

be made by advertising a sufficient time previously for proposals

respecting the same, when the public exigencies do not require the

immediate delivery of the articles, or performance of the service.

When immediate delivery or performance is required by the public

exigency, the articles or service required may be procured by open

purchase or contract, at the places and in the manner in which such

articles are usually bought and sold, or such services engaged, between

individuals. (R.S. sec. 3709; June 25, 1910, ch. 431, sec. 23, 36 Stat.

861.)

Ceoss-Refeeence

Purchase of supplies for use of Panama Canal or for use in Canal Zone, in the open market and without advertising, if the amount involved does not exceed $500, see Canal Zone Code, title 2, section 351. 10a. American materials required for public use.—Notwithstanding any other provision of law, and unless the head of the department

or independent establishment concerned shall determine it to be

inconsistent with the public interest, or the cost to be unreasonable,

only such unmanufactured articles, materials, and supplies as have

been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in

the United States substantially all from articles, materials, or supplies

mined, produced, or manufactured, as the case may be, in the United

States, shall be acquired for public use. This section shall not apply

with respect to articles, materials, or supplies for use outside the

United States, or if articles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which

987
T. 41, § 10b] GENERAL LAWS

they are manufactured are not mined, produced, or manufactured,

as the case may be, in the United States in sufficient and reasonably

available commercial quantities and of a satisfactory quality. (Mar.

3, 1933, ch. 212, title III, sec. 2, 47 Stat. 1520.)

Note.—Relative to the application of sections 10a and 10b to the Canal Zone,

see section 10c of this title. For a similar provision applicable to the expenditure of appropriations for the military and nonmilitary activities of the War Department, see title 10, section 1212. 10b. Contracts for public works; specification for use of American materials; blacklisting contractors violating requirements.—

(a) Every contract for the construction, alteration, or repair of any

public building or public work in the United States growing out of an appropriation heretofore made or hereafter to be made shall contain a provision that in the performance of the work the contractor,

subcontractors, material men, or suppliers, shall use only such un- manufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles,

materials, and supplies as have been manufactured in the United

States substantially all from articles, materials, or supplies mined,

produced, or manufactured, as the case \\\^y be, in the United States except as provided in section 10a of this title: Provided^ however^

That if the head of the department or independent establishment

making the contract shall find that in respect to some particular

articles, materials, or supplies it is impracticable to make such re- quirement or that it would unreasonably increase the cost, an exception shall be noted in the specifications as to that particular article,

material, or supply, and a public record made of the findings which

justified the exception.

(b) If the head of a department, bureau, agency, or independent

establishment which has made any contract containing the provision

required by subsection (a) finds that in the performance of such

contract there has been a failure to comply with such provisions, he

shall make public his findings, including therein the name of the contractor obligated under such contract, and no other contract for

the construction, alteration, or repair of any public building or public work in the United States or elsewhere shall be awarded to such contractor, subcontractors, material men, or suppliers Avith which such contractor is associated or affiliated, within a period of

three years after such finding is made public. (Mar. 3, 1933, ch. 212, title III, sec. 3, 47 Stat. 1520.)

10c. Definition of terms used in sections 10a and 10b.—When

used in sections 10a and 10b of this title

(a) Tlie term " United States ", when used in a geographical sense, includes the United States and any place subject to the jurisdiction

thereof

(b) The terms "public use", "public building", and "public

work" shall mean use by, public building of, and public work of, the

United States, the District of Columbia, Hawaii, Alaska, Puerto

Rico, the Philippine Islands, American Samoa, the Canal Zone, and

the Virgin Islands. (Mar. 3, 1933, ch. 212, title III, sec. 1, 47 Stat. 1520.)

9S8
GENERAL LAWS [T. 45, § 54 26 and 27. Exchange and disposition of typewriting machines.—

(Mar. 4, 1915, cli. 147, sec. 5, 38 Stat. 1161; June 5, 1920, ch. 235,

sec. 7, 41 Stat. 947.)

UNITED STATES CODE, TITLE 45 RAILROADS

CHAPTER 1.—SAFETY APPLIANCES AND EQUIPMENT ON RAILROAD

ENGINES AND CARS

Sections 1 to 10. Safety appliances and equipment on railway

engines and cars.— (Mar. 2, 1893, ch. 196, 27 Stat. 531; April 1, 1896,

ch. 87, 29 Stat. 85; Mar. 2, 1903, ch. 976, 32 Stat. 943.)

Note.—These sections are extended so as to apply to the Canal Zone by Canal Zone Code, title 2, sections 241 to 244. CHAPTER 2.—LIABILITY FOR INJURIES TO EMPLOYEES

Section 52. Carriers in Territories or other possessions of United

States.—Every common carrier by raih'oad in the Territories, the

District of Columbia, the Panama Canal Zone, or other possessions

of the United States shall be liable in damages to any person suffer- ing injury while he is employed by such carrier in any of said jurisdictions, or, in case of the deatli of such employee, to his or her per- sonal representative, for the benefit of the surviving widow or husband and children of such employee ; and, if none, then of such employee's parents ; and, if none, then of the next of kin dependent upon

such employee, for such injury or death resulting in whole or in part

from the negligence of any of the officers, agents, or employees of

such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment. (Apr. 22, 1908, ch.

149, sec. 2, 35 Stat. 65.)

Cross-Reference

Compensation for injury to or death of emploj^ees of the Panama Railroad

Company, see title 5, sections 751 to 793. 53. Contributory negligence; diminution of damages.—In all actions hereafter brought against any such common carrier by rail- road under or by virtue of any of the provisions of this chapter to recover damages for personal injuries to an employee, or where such

injuries have resulted in his death, the fact that the employee may

have been guilty of contributory negligence shall not bar a recovery,

but the damages shall be diminished by the jury in proportion to the

amount of negligence attributable to such employee : Provided, That

no such employee who may be injured or killed shall be held to have

been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of

employees contributed to the injury or death of such employee.

(Apr. 22, 1908, ch. 149, sec. 3, 35 Stat. 66.)

54. Assumption of risks of employment.—In any action brought

against any common carrier under or by virtue of any of the provisions of this chapter to recover damages for injuries to, or the death
T. 45, § 55] GENERAL LAWS

of, any of its employees, such employee shall not be held to have as- sumed the risks of his employment in any case where the violation

by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee. (Apr.

22, 1908, ch. 149, sec. 4, 35 Stat. 66.)

Ceoss-Refekence

Assumption of risk, see, also, section 7 of this title. 55. Contract, rule, regulation, or device exempting from liabiKty;

set-off.—Any contract, rule, regulation, or device whatsoever, the

purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this chapter, shall to that extent be void: Provided^ That in any action brought against any

such common carrier under or by virtue of any of the provisions of

this chapter, such common carrier may set off therein any sum it has

contributed or paid to any insurance, relief benefit, or indemnity that

may have been paid to the injured employee or the person entitled

thereto on account of the injury or death for which said action was

brought. (Apr. 22, 1908, ch. 149, sec. 5, 35 Stat. 66.)

56. Actions ;• limitation ; concurrent jurisdiction of courts; re- moval of case in State court.—No action shall be maintained under

this chapter unless commenced within two years from the day the cause of action accrued.

Under this chapter an action may be brought in a district court of

the United States, in the district of the residence of the defendant, or

in which the cause of action arose, or in which the defendant shall be

doing business at the time of commencing such action. The jurisdiction of the courts of the United States under this chapter shall be

concurrent with that of the courts of the several States, and no case arising under this chapter and brought in any State court of competent jurisdiction shall be removed to aivy court of the United States. (Apr. 22, 1908, ch. 149, sec. 6, 35 Stat. 66; Apr. 5, 1910, ch. 143, sec. 1, 36 Stat. 291.) 57. Who included in term " common carrier."—The term " com- mon carrier " as used in this chapter shall include the receiver or

receivers or other persons or corporations charged with the duty of

the management and operation of the business of a common carrier.

(Apr. 22, 1908, ch. 149, sec. T, 35 Stat. 66.)

58. Duty or liability of common carriers and rights of employees

under other Acts not impaired.—Nothing in this chapter shall be

held to limit the duty or liability of common carriers or to impair the

rights of their employees under any other Act or Acts of Conirress.

(Apr. 22, 1908, ch. 149, sec. 8, 35 Stat. 66.)

59. Survival of right of action of person injured.—Any right of

action given by this chapter to a ])ers()n sull'ering injury shall sur- vive to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee, and, if none, then of such employee's parents; and, if none, then of the next of

kin dependent upon such employee, but in such cases there shall be

only one recovery for the same injury. (Apr. 22, 1908, ch. 149, sec. 9; Apr. 5, 1910, ch. 143, sec. 2, 36 ^tat. 291.)

990
GENERAL LAWS [T. 46, § 741 UNITED STATES CODE, TITLE 46 SHIPPING

Ch. Sec.

2. Registry and Rocordiiig 12

18. Merchant Seamen 541

20. Suits In Admiralty By Or

Against Vessels Or Cargoes Of

United States 741

Ch. Sec.

21. Death On The High Seas By

Wrongful Act 761

23. Shipping Act 801

Cboss-Refebencb For provisions respecting jurisdiction, practice and procedure in admiralty,

see Canal Zone Code, title 7, sections 23 and 25. CHAPTER 2.—REGISTRY AND RECORDING

Section 12. Provisional certificates of registry to vessels

abroad.—Consular officers of the United States and such other per- sons as may from time to time be designated by the President for

the purpose are autliorized to issue provisional certificates of registry to vessels abroad which have been purchased by citizens of the

United States, including corporations, as defined in the preceding

section.

(a) Such a provisional certificate shall entitle the vessel to the

privileges of a vessel of the United States in trade with foreign

countries or with the Philippine Islands and the islands of Guam

and Tutuila until the expiration of six months from its date or until ten days after the vessel's arrival at a port of the United States,

whichever first happens, and no longer. On arrival at a port of the

United States the vessel shall become subject to the laws relating

to officers, inspection, and measurement.

(b) The Secretary of Commerce shall prescribe the conditions in

accordance with which such provisional certificates shall be issued

and the manner in which they shall be surrendered in exchange for

certificates of registry at ports of the United States.

(c) The form of such provisional certificate shall be prescribed

by the Commissioner of Navigation and shall include the name of the

ship and of the master, time and place of purchase and names of

purchasers, and the best particulars respecting her tonnage, build,

description, and inspection or survey which the consular officer is able to obtain.

(d) Copies of such provisional certificates shall be forwarded as soon as practicable by the issuing officer to the Commissioner of Navigation. (Mar. 4, 1915, ch. 172, sec. 1, 38 Stat. 1193.)

CHAPTER 18.—MERCHANT SEAMEN

Sections 541 to 713. Merchant seamen.

Note.—^Respecting the application to seamen of vessels of the United States

at the Canal Zone of the laws relating to seamen of vessels of the United States on foreign voyages, see Canal Zone Code, title 2, sections 391 and 392. CHAPTER 20.—SUITS IN ADMIRALTY BY OR AGAINST VESSELS OR

CARGOES OF UNITED STATES

Section 741. Exemption of United States vessels and cargoes

from arrest or seizure.—No vessel owned by the United States or

991
T. 46, § 742] GENERAL LAWS

by any corporation in which the United States or its representatives

shall own the entire outstanding capital stock or in the possession

of the United States or of such corporation or operated by or for the

United States or such corporation, and no cargo owned or possessed

by the United States or by such corporation, shall, in view of the

provision herein made for a libel in personam, be subject to arrest or seizure by judicial process in the United States or its possessions:

Provided, That this chapter shall not apply to the Panama Railroad

Company. (Mar. 9, 1920, ch. 95, sec. 1, 41 Stat. 525.)

742. Libel in personam.—In cases where if such vessel were

l^rivately owned or operated, or if such cargo were privately

owned and possessed, a proceeding in admiralty could be maintained at the time of the commencement of the action herein provided for, a libel in personam may be brought against the United

States or against such corporation, as the case may be, provided that

such vessel is employed as a merchant vessel or is a tugboat operated

by such corporation. Such suits shall be brought in the district court of the United States for the district in which the parties so suing, or any of them, reside or have their principal place of business

in the United States, or in which the vessel or cargo charged with

liability is found. The libelant shall forthwith serve a copy of his

libel on the United States attorney for such district and mail a copy

thereof by registered mail to the Attorney General of the United

States, and shall file a sworn return of such service and mailing.

Such service and mailing shall constitute valid service on the United

States and such corporation. In case the United States or such

corporation shall file a libel in rem or in personam in any district, a cross libel in personam may be filed or a set-off claimed against

the United States or such corporation with the same force and

effect as if the libel had been filed by a private party. Upon application of either party the cause may, in the discretion of the court,

be transferred to any other district court of the United States, (Mar.

9, 1920, ch. 95, sec. 2, 41 Stat. 525.)

743. Procedure in cases of libel in personam.—Such suits shall proceed and shall be heard and determined according to the principles of law and to the rules of practice obtaining in like cases between private parties. A decree against the United States or such corporation may include costs of suit, and when the decree

is for a money judgment, interest at the rate of 4 per centum per

annum until satisfied, or at any higher rate which shall be stipulated

in any contract upon which such decree shall be based. Interest

shall run as ordered by the court. Decrees shall be subject to appeal

and revision as provided in other cases of admiralty and maritime

jurisdiction. If the libelant so elects in his libel, the suit may pro- ceed in accordance with the ])rinciples of libels in rem wherever

it shall appear that had the vessel or cargo been privately owned

and possessed a libel in rem might have been maintained. Election

so to proceed shall not preclude the libelant in any proper case from seeking relief in personam in the same suit. Neither the

United States nor such corporation shall be required to give any

bond or admiralty sti])ulation on any proceeding brought here992
GENERAL LAWS [T. 46, § 746

under. Any such bond or stipulation given prior to March 9, 1920,

in admiralty causes by the United States, the United States Shipping

Board, or the United States Shipping Board Merchant Fleet Corporation, shall become void and be surrendered and canceled upon the

filing of a suggestion by the Attorney General or other duly authorized law officer that the United States is interested in such cause, and assumes liability to satisfy any decree included within said

bond or stipulation, and thereafter any such decree shall be paid

as provided in section 748 of this chapter. (Mar. 9, 1920, ch. 95,

sec. 3, 41 Stat. 526.)

743a. Same; interest.—No interest shall be allovv^ed on any claim

prior to the time when suit on such claim is brought as authorized

by section 745 of this title. (Mar. 9, 1920, ch. 95, sec. 5, 41 Stat. 526; June 30, 1932, ch. 315, 47 Stat. 420.)

744. Release of privately owned vessel after seizure.—If a

privately owned vessel not in the possession of the United States

or of such corporation is arrested or attached upon any cause of

action arising or alleged to have arisen from previous possession,

ownership, or operation of such vessel by the United States or by

such corporation, such vessel shall be released without bond or

stipulation therefor upon the suggestion by the United States,

through its Attorney General or other duly authorized law officer,

that it is interested in such cause, desires such release, and assumes

the liability for the satisfaction of any decree obtained by the

libelant in such cause, and thereafter such cause shall proceed against

the United States in accordance with the provisions of this chapter.

(Mar. 9, 1920, ch. 95, sec. 4, 41 Stat. 526.)

745. Causes of action on vi^hich suits may be brought; limitations.—Suits as authorized in this chapter shall be brought within

two years after the cause of action arises : Provided further^ That the

limitations in this section contained for the commencement of suits

hereunder shall not bar any suit against the United States or the

United States Shipping Board Merchant Fleet Corporation, formerly

known as the United States Shipping Board Emergency Fleet Corporation, brought hereunder on or before December 31, 1932, if such

suit is based upon a cause of action whereon a prior suit in admiralty

or an action at law or an action under subdivision (1) of section 250

of title 28, was commenced prior to January 6, 1930, and was or may

hereafter be dismissed because not commenced within the time or in

the manner prescribed in this section, or otherwise not commenced or prosecuted in accordance with its provisions : Provided further^ That

such prior suit must have been commenced within the statutory

period of limitation for common-law actions against the United

States cognizable in the Court of Claims: Provided further^ That

there shall not be revived hereby any suit at law, in admiralty, or under subdivision (1) of section 250 of title 28 heretofore or hereafter dismissed for lack of prosecution after filing of suit. (Mar. 9, 1920, ch. 95, sec. 5, 41 Stat. 526; June 30, 1932, ch. 315, 47 Stat. 420.)

746. Exemptions and limitations of liability.—The United States

or such corporation shall be entitled to the benefits of all exemptions

993
T. 46, § 747] GENERAL LAWS

and of all limitations of liability accorded by law to the owners,

charterers, operators, or agents of vessels. (Mar. 9, 1920, ch. 95, sec.

6, 41 Stat. 527.)

747. Seizures in foreign jurisdictions.—If any vessel or cargo

within the purview of sections 741 and 744 of this chapter, is arrested,

attached, or otherwise seized by process of any court in any country

other than the United States, or if any suit is brought therein against

the master of any such vessel for any cause of action arising from, or

in connection with, the possession, operation, or ownership of any

such vessel, or the possession, carriage, or ownership of any such

cargo, the Secretary of State of the United States in his discretion,

upon the request of the Attorney General of the United States, or any

other officer duly authorized by him, may direct the United States consul residing at or nearest the place at which such action may have

been commenced to claim such vessel or cargo as immune from such

arrest, attachment, or other seizure, and to execute an agreement,

undertaking, bond, or stipulation for and on behalf of the United

States, or the United States Shipping Board, or such corporation as by said court required, for the release of such vessel or cargo, and

for the prosecution of any appeal ; or may, in the event of such suits

against the master of any such vessel, direct said United States consul

to enter the appearance of the United States, or of the United States

Shipping Board, or of such corporation, and to pledge the credit

thereof to the payment of any judgment and cost that irtay be entered

in such suit. The Attorney General is vested with power and au- thority to arrange with any bank, surety company, person, firm, or corporation in the United States, its Territories and possessions, or in

any foreign country, to execute any such aforesaid bond or stipulation as surety or stipulator thereon, and to pledge the credit of the

United States to the indemnification of such surety or stipulator as may be required to secure the execution of such bond or stipulation.

The presentation of a copy of the judgment roll in any such suit,

certified by the clerk of the court and authenticated by the certificate and seal of the United States consul claiming such vessel or cargo, or his successor, and by the certificate of the Secretary of State as to the official capacity of such consul, shall be sufficient evidence to the proper accounting officers of the United States, or of the United

States Shipping Board, or of such corporation, for the allowance and

payment of such judgments: Provided, however, That nothing in this

section shall be held to prejudice or preclude a claim of the immunity

of such vessel or cargo from foreign jurisdiction in a proper case. (Mar. 9, 1920, ch. 95, sec. 7, 41 Stat. 527.)

748. Payment of judgment, award, or settlement.—Any final judgment rendered in any suit herein authorized, and any final judgment within the purview of sections 744 and 747 of this chapter,

and any arbitration award or settlement had and agreed to under the

provisions of section 749 of this chapter, shall, upon the presentation

of a duly authenticated copy thereof, be paid by the proper account- ing officers of the United States out of an}'^ appropriation or insurance

fund or other fund especially available therefor; otherwise there

994
GENERAL LAWS [T. 46, § 752

is appropriated out of any money in the Treasury of the United

States not otherwise appropriated, a sum suiSicient to pay any such

judgment or award or settlement. (Mar. 9, 1920, ch. 95, sec. 8, 41

Stat. 527.)

749. Arbitration, compromise, or settlement of claims.—The

Secretary of any department of the Government of the United

States, or the United States Shipping Board, or the board of trustees of such corporation, having control of the possession or operation

of any merchant vessel are, and each is, authorized to arbitrate,

compromise, or settle any claim in which suit will lie under the

provisions of sections 742, 744, and 750 of this chapter. (Mar. 9, 1920, ch. 95, sec. 9, 41 Stat. 527.)

750. Recovery for salvage services by vessel or crew.—The

United States, and the crew of any merchant vessel owned or

operated by the United States, or such corporation, shall have the

right to collect and sue for salvage services rendered by such vessel

and crew, and any moneys recovered therefrom by the United States

for its own benefit, and not for the benefit of the crew, shall be

covered into the United States Treasury to the credit of the department of the Government of the United States, or of the United

States Shipping Board, or of such corporation, having control of

the possession or operation of such vessel. (Mar, 9, 1920, ch. 95,

sec. 10, 41 Stat. 528.)

751. Disposition of moneys recovered by United States.—All

moneys recovered in any suit brought by the United States on any

cause of action arising from, or in connection with, the possession,

operation, or ownership of any merchant vessel, or the possession,

carriage, or ownership of any cargo, shall be covered into the United

States Treasury to the credit of the department of the Government

of the United States, or of the United States Shipping Board, or of

such aforesaid corporation, having control of the vessel or cargo

with respect to which such cause of action arises, for reimbursement

of the appropriation, or insurance fund, or other funds, from which

the loss, damage, or compensation for which said judgment was

recovered has been or will be paid. (Mar. 9, 1920, ch. 95, sec. 11,

41 Stat. 528.)

752. Reports as to suits, awards, and settlements.—The Attorney General shall report to the Congress at each session thereof

the suits under this chapter in which final judgment shall have been

rendered for or against the United States and such aforesaid cor- poration, and the Secretary of any department of the Government

of the United States, and the United States Shipping Board, and

the board of trustees of any such aforesaid corporation, shall like- wise report the arbitration awards or settlements of claims which

shall have been agreed to since the previous session, and in which

the time to appeal shall have expired or have been waived. (Mar.

9, 1920, ch. 95, sec. 12, 41 Stat. 528.)

995
T. 46, § T61] GENERAL LAWS

CHAPTER 21.—DEATH ON THE HIGH SEAS BY WRONGFUL ACT

Sections 761 to 768. Suits in admiralty for damages for wrongful death on the high seas.— (Mar. 30, 1920, ch. Ill, 47 Stat. 537.)

Note.—These sections are reiulered inapplicable to navigable waters in the Canal Zone by section 767 of this title. Relative to the admiralty jurisdiction of the district court, see Canal Zone

Code, title 7. sections 23 and 25. CHAPTER 23.—SHIPPING ACT

Sections 801 to 842. Shipping Act, 1916, as amended.—(Sept. 7, 1916, ch. 451, 39 Stat. 728, as amended.)

Note;.—The act of Sept. 7, 1916, was entitled "An act to establish a United

States Shipping Board for tlie purpose of encouraging, developing, and creating

a naval auxiliary and naval reserve and a merchant marine to meet the require- ments of the commerce of the United States with its territories and posses- sions and with foreign countries ; to regulate carriers by water engaged in the

foreign and interstate commerce of the United States ; and for other purposes."

With respect to the application of these sections to possessions of the United

States, see section 801 of this title. With respect to the jurisdiction of courts in possessions, see section 829 of

this title. CHAPTER 24A.—MERCHANT MARINE ACT, 1928 Sections 891 to 891y. Merchant Marine Act, 1928,— (May 22,

1928, ch. 675, 45 Stat. 689; as amended.)

Note.—^The Act above cited was entitled "An Act to further develop an American merchant marine, to assure its permanence in the transportation of the foreign trade of the United States, and for other purposes."

Section 891u defines the words " foreign trade " to mean " trade between the United States, its Territories or possessions, or the District of Columbia and a foreign country : Promdcd, however. That the loading or the unloading of cargo,

mail, or passengers at any port in any Territory or possession of the United

States shall be construed to be foreign trade if the stop at such Territory or

possession is an intermediate stop on what would otherwise be a voyage in foreign trade." Section 891r, relative to the transportation of government officials, is hereinafter shown.

891r. Transportation of Government officials.—Any officer or employee of the United States traveling on official business overseas to foreign countries, or to any of the possessions of the United States,

shall travel and transport his personal effects on ships registered

under the laws of the United States when such ships are available,

unless the necessity of his mission requires the use of a ship under

a foreign flag: Provided^ That the Comptroller General of the

United States shall not credit any allowance for travel or shipping

expenses incurred on a foreign ship in the absence of satisfactory

proof of the necessity therefor. (May 22, 1928, ch. 675, sec. 601,

45 Stat. 697.)

UNITED STATES CODE, TITLE 47 TELEGRAPHS, TELEPHONES. AND RADIO-TELEGRAPHS

Ch. Sec.

I Ch. Sec.

2. Submarine cables 3-1 I 4. Radio Act of 192T 115 CHAPTER 2.—SUBMARINE CABLES

Section 34. Licenses for landing or operating cables connecting

United States with foreign country; necessity for.—No person

996
GENERAL LAWS [T. 47, § 39

shall land or operate in the United States any submarine cable

directly or indirectly connecting the United States with any foreign

country, or connecting one portion of the United States with any

other portion thereof, unless a written license to land or operate

such cable has been issued by the President of the United States. The conditions of sections 34 to 39 of this title shall not apply to

cables, all of which, including both terminals, lie wholly within the

continental United States. (May 27, 1921, ch. 12, sec. 1, 42 Stat. 8.) Cross-Refeeence

Term " United States " as including tlie Canal Zone, see section 38 of this

title. 35. Same; withholding or revoking by President; terms and

conditions of licenses.—The President may withhold or revoke such

license when he shall be satisfied after due notice and hearing that

such action will assist in securing rights for the landing or operation

of cables in foreign countries, or in maintaining the rights or interests of the United States or of its citizens in foreign countries, or will

promote the security of the United States, or may grant such license

upon such terms as shall be necessary to assure just and reasonable

rates and service in the operation and use of cables so licensed. The

license shall not contain terms or conditions granting to the licensee

exclusive rights of landing or of operation in the United States. Nothing herein contained shall be construed to limit the power and

jurisdiction heretofore granted the Interstate Commerce Commission

with respect to the transmission of messages. (May 27, 1921, ch.

12, sec. 2, 42 Stat. 8.) 36. Same; preventing landing or operating of cables.—The President is empowered to prevent the landing of any cable about to be

landed in violation of sections 34 to 39 of this title. Vv^hen any such

cable is about to be or is landed or is being operated without a

license, any district court of the United States exercising jurisdiction

in the district in which such cable is about to be or is landed, or any

district court of the United States having jurisdiction of the parties,

shall have jurisdiction, at the suit of the United States, to enjoin

the landing or operation of such cable or to compel, by injunction,

the removal thereof. (May 27, 1921, ch. 12, sec. 3, 42 Stat. 8.) 37. Same; violations; punishment.—Whoever knowingly commits, instigates, or assists in any act forbidden by section 34 of this

title shall be guilty of a misdemeanor and shall be fined not more

than $5,000, or imprisoned for not more than one year, or both.

(May 27, 1921, ch. 12, sec. 4, 42 Stat. 8.) 38. Same ; definitions.—The term " United States " as used in sec- tions 34 to 39 of this title includes the Canal Zone, the Philippine

Islands, and all territory continental or insular, subject to the

jurisdiction of the United States of America. (May 27, 1921, ch.

i2, sec. 5, 42 Stat. 8.) 39. Same; amendment, modification, etc., of rights granted.—

No right shall accrue to any government, person, or corporation

under the terms of sections 34 to 39 of this title that may not be

997
T. 47,

115] GENERAL LAWS

rescinded, changed, modified, or amended by the Congress. (May

27, 1921, ch. 12, sec. 6, 42 Stat. 9.) CHAPTER 4—RADIO ACT OF 1927 Section 115. Philippine Islands and Canal Zone; application of

chapter.—This chapter (sections 81 to 119 of this title) shall not

apply to the Philippine Islands or to the Canal Zone. In international radio matters the Philippine Islands and the Canal Zone

shall be represented by the Secretary of State. (Feb. 23, 1927, ch. 169, sec. 35, 44 Stat. 1174.)

120 and 121. Radio equipment on ocean-going vessels using

ports of Canal Zone.

NoiB.—These sections appear in the text of the Canal Zone Code as sections 361 and 362 of title 2.UNITED STATES CODE, TITLE 48 TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 6.—CANAL ZONE

Note.—The chapter " Canal Zone " embraces sections 1301 to 1371p of title 48. These sections, excepting such as are hereinafter specifically mentioned, appear

in the text of the Canal Zone Code. For the corresponding section numbers,

see table 5, page 1033. Sections 1304a to 1304c. Modification of boundary line with re- spect to Paitilla Point Military Reservation.— (May 3, 1932, ch. 162,

47 Stat. 145.)

Note.—These sections authorizing the effectuation with the Republic of Pan- ama of a modification of the boundary line between the Canal Zone and the Republic with respect to the Paitilla Point Military reservation, are omitted

from the text of the Canal Zone Code as not constituting permanent legislation.

1309. Early laws and regulations continued.—(Aug. 24, 1912,

ch. 390, sec. 2, 37 Stat. 561.)

Note.—This section ratified and confirmed, as valid and binding until other- wise provided by Congress, all laws, orders, regulations and ordinances adopted

and promulgated prior to August 24, 1912, in the Canal Zone by order of the President for the government and sanitation of the Canal Zone and the con- struction of the Panama Canal. This section is emitted from the text of the Canal Zone Code as being executed. 1320. Injuries to employees.— (Aug. 24, 1912, ch. 390, sec. 5, 37 Stat. 562.)

NoTB.—This section which required the President to provide a method for the determination and adjustment of claims arising out of personal injuries to employees occurring while directly engaged in actual work in connection with

the construction, maintenance, operation, or sanitation of the Canal or of the Panama Railroad, or of any aiixiliary canals, locks, or other works necessary and convenient for the construction, maintenance, operation, or sanitation of the Canal, is omitted from the text of the Canal Zone Code as being covered by the Federal Employees Comjx'usation Act (U.S. Code, title 5, sees. 751

to 793).

1324. Interest on deposit money orders.

Note.—This section was superseded by section 1323b of this title which

appears in the Canal Zone Code as section 274 of title 2.

998
GENERAL LAWS [T. 49, § 83

1325. Disposition of interest received on bank deposits of moneyorder funds.

Note.—This section was superseded by section 1323c of this title which

iippears in the Canal Zone Code as section 275 of title 2. 1332. Payments for Toro Point Light.—

Note.—This section is omitted from the text of the Canal Zone Code as being

obsolete. 1354. Transfer of causes to new courts; continuance of supreme

courts for determination of pending causes.

Note.—Section 9 of the Panama Canal Act, from which this section was

derived, was amended by the Act of February 16, 1933 (ch. 91, 47 Stat. 814),

in such manner as to eliminate this section. 1355. Continuance of laws defining duties of clerks or ministerial

officers and governing practice and procedure.

Note.—Section 9 of the Panama Canal Act, from which this section was

derived, was amended by the Act of February 16, 1933 (ch. 91, 47 Stat. 814),

in such manner as to eliminate this section. 1357. Common law and equity jurisdiction blended.

Note.—The provisions constituting this section were amended by the Act

of February 16, 1933 (ch. 91, sec. 3, 47 Stat. 817) ; however, in the seventh supplement to the United States Code, the amended provisions were inadvertently placed in section 1356 as the last sentence thereof. UNITED STATES CODE, TITLE 49 TRANSPORTATION

Ch. Sec.

I Ch. Sec.

4. Bills of Lading 81 I 6. Air Commerce 171 CHAPTER 4.—BILLS OF LADING

Section 81. Transportation included.—Bills of lading issued by

any common carrier for the transportation of goods in any Territory of the United States, or the District of Columbia, or from a place in a State to a place in a foreign country, or from a place in one State to a place in another State, or from a place in one State

to a place in the same State through another State or foreign

country, shall be governed by this chapter. (Aug. 29, 1916, ch. 415,

sec. 1, 39 Stat. 538.)

Note.—As defined in section 123 of this title, the word " State " includes any " isthmian " possession.

This chapter is rendered applicable to shipments wholly within the Canal Zone by Canal Zone Code, title 3, section 1441. 82. Straight bill of lading.—A bill in which it is stated that the

goods are consigned or destined to a specified person is a straight

bill. (Aug. 29, 1916, ch. 415, sec. 2, 39 Stat. 539.)

83. Order bill of lading; negotiability.—A bill in which it is stated that the goods are consigned or destined to the order of any per- son named in such bill is an order bill. Any provision in such a bill or in any notice, contract, rule, regulation, or tariff that it is nonnegotiable shall be null and void and shall not affect its negotiability within the meaning of this chapter unless upon its face and
T. 49, § 84] GENERAL LAWS

in writing agreed to by the shipper. (Aug. 29, 1916, ch. 415, sec.

3, 39 Stat. 539.)

84. Order bills in parts or sets; liability of carrier.—Order bills issued in a State for the transportation of goods to any place in the

United States on the Continent of North America, except Alaska

and Panama, shall not be issued in parts or sets. If so issued, the

carrier issuing them shall be liable for failure to deliver the goods

described therein to anyone who purchases a part for value in good

faith, even though the purchase be after the delivery of the goods

b}^ the carrier to a holder of one of the other parts: Provided,

however, That nothing contained in this section shall be interpreted or construed to forbid the issuing of order bills in parts or sets for such transportation of goods to Alaska, Panama, Porto Rico,

the Philippines, Hawaii, or foreign countries, or to impose the lia- bilities set forth in this section for so doing. (Aug. 29, 1916, ch. 415,

sec. 4, 39 Stat. 539.)

85. Indorsement on duplicate bill; liability.—When more than

one order bill is issued in a State for the same goods to be transported

to any place in the United States on the Continent of North America,

except Alaska and Panama, the word " duplicate ", or some other

word or words indicating that the document is not an original bill,

shall be placed plainly upon the face of every such bill except the one first issued. A carrier shall be liable for the damage caused by

his failure so to do to anyone who has purchased the bill for value

in good faith as an original, even though the purchase be after the

delivery of the goods by the carrier to the holder of the original bill

Provided, hoivever, That nothing contained in this section shall in

such case for such transportation of goods to Alaska, Panama, Porto

Rico, the Philippines, Hawaii, or foreign countries be interpreted or construed so as to require the placing of the word " duplicate " thereon, or to impose the liabilities set forth in this section for failure so

to do. (Aug. 29, 1916, ch. 415, sec. 5, 39 Stat. 539.)

86. Indorsement on straight bill.—A straight bill shall have

placed plainly upon its face by the carrier issuing it "non-negotiable " or " not negotiable."

This section shall not apply, however, to memoranda or aclaiowledgements of an informal character. (Aug. 29, 1916. ch. 415, sec. 6, 39 Stat. 539.)

87. Effect of insertion of name of person to be notified.—The

insertion in an order bill of the name of a person to be notified of the

arrival of the goods shall not limit the negotiability of the bill or

constitute notice to a purchaser thereof of any rights or equities of

such person in the goods. (Aug. 29, 1916, ch. 415, sec. 7, 39 Stat.

539.)

88. Duty to deliver goods on demand ; refusal.—A carrier, in the

absence of some lawful excuse, is bound to deliver goods upon a demand made either by the consignee named in the bill for the goods

or, if the bill is an order bill, by tlie holder thereof, if such a demand

is accompanied by

(a) An offer in good faith to satisfy the carrier's lawful lien upon

the goods

1000
GENERAL LAWS [T. 49, § 91

(b) Possession of the bill of lading and an offer in good faith to surrender, properly indorsed, the bill which was issued for the goods,

if the bill is an order bill ; and

(c) A readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such

signature is requested by the carrier.

In case the carrier refuses or fails to deliver the goods, in compliance with a demand by the consignee or holder so accompanied,

the burden shall be upon the carrier to establish the existence of a lawful excuse for such refusal or failure. (Aug. 29, 1916, ch. 415,

sec. 8, 39 Stat. 539.)

89. Delivery; when justified.—A carrier is justified, subject to the

provisions of the three following sections, in delivering goods to one who is

(a) A person lawfully entitled to the possession of the goods, or

(b) The consignee named in a straight bill for the goods, or

(c) A person in possession of an order bill for the goods, by the

terms of which the goods are deliverable to his order ; or which has

been indorsed to him, or in blank by the consignee, or by the mediate

or immediate indorsee of the consignee. (Aug. 29, 191G, ch. 415, sec.

9, 39 Stat. 540.)

90. Liability for delivery to person not entitled thereto.—Where

a carrier delivers goods to one who is not lawfully entitled to the

possession of them, the carrier shall be liable to anyone having a right of property or possession in the goods if he delivered the

goods otherwise than as authorized by subdivisions (b) and (c)

of the preceding section; and, though he delivered the goods as authorized by either of said subdivisions, he shall be so liable if prior to such delivery he

(a) Had been requested, by or on behalf of a person having a right of property or possession in the goods, not to make such

delivery, or

(b) Had information at the time of the delivery that it was to a person not lawfully entitled to the possession of the goods.

Such request or information, to be effective within the meaning

of this section, must be given to an officer or agent of the carrier,

the actual or apparent scope of whose duties includes action upon

such a request or information, and must be given in time to enable

the officer or agent to whom it is given, acting with reasonable

diligence, to stop delivery of the goods. (Aug. 29, 1916, ch. 415,

sec. 10, 39 Stat. 540.)

91. Liability for delivery without cancellation of bill.—Except as provided in section 106 of this chapter, and except when compelled

by legal process, if a carrier delivers goods for which an order bill had been issued, the negotiation of which would transfer the right

to the possession of the goods, and fails to take up and cancel the

bill, such carrier shall be liable for failure to deliver the goods to anyone who for value and in good faith purchases such bill, whether

such purchaser acquired title to the bill before or after the delivery

of the goods by the carrier and notwithstanding delivery was made

to the person entitled thereto. (Aug. 29, 1916, ch. 415, sec. 11, 39

Stat. 540.)

93083—34 64 1001
T. 49, § 92] GENERAL LAWS

92. Liability in case of delivery of part of goods.—Except as provided in section lOG of this chapter, and except when compelled

by legal process, if a carrier delivers part of the goods for which

an order bill had been issued and fails either

(a) To take up and cancel the bill, or

(b) To place plainly upon it a statement that a portion of the

goods has been delivered with a description which may be in general

terms either of the goods or packages that have been so delivered

or of tlie goods or packages which still remain in the carrier's possession, he shall be liable for failure to deliver all the goods specified

in the bill to anyone who for value and in good faith purchases it, whether such purchaser acquired title to it before or after the

delivery of any portion of the goods by the carrier, and notwithstanding such delivery was made to the person entitled thereto.

(Aug. 29, 1916, ch. 415, sec. 12, 39 Stat. 540.)

93. Alteration of bill.—Any alteration, addition, or erasure in a

bill after its issue without authority from the carrier issuing the same either in writing or noted on the bill, shall be void whatever

be the nature and purpose of the change, and the bill shall be

enforceable according to its original tenor. (Aug. 29, 1916, ch. 415, sec. 13, 39 Stat. 540.)

94. Loss, etc., of bill; delivery of goods on order of court.—

"Where an order bill has been lost, stolen, or destroyed a court of

competent jurisdiction may order the delivery of the goods upon

satisfactory proof of such loss, theft, or destruction and upon the

giving of a bond, with sufficient surety, to be approved by the court, to protect the carrier or any person injured by such delivery from

any liability or loss incurred by reason of the original bill remaining

outstanding. The court may also in its discretion order the payment

of the carrier's reasonable costs and counsel fees: Provided^ A

voluntary indemnifying bond without order of court shall be binding on the parties thereto.

The delivery of^the goods under an order of the court, as provided

in this section, shall not relieve the carirer from liability to a person

to whom the order bill has been or shall be negotiated for value

without notice of the proceedings or of the delivery of the goods.

(Aug. 29, 1916, ch. 415, sec. 14, 39 Stat. 540.)

95. Liability on bill marked " duplicate.'*—A bill, upon the face

of which the word " duplicate " or some other word or words indicating that the document is not an original bill is placed, plainly

shall impose upon the carrier issuing the same the liability of one who represents and warrants that such bill is an accurate copy of an

original bill properly issued, but no other liability. (Aug. 29, 1916,

ch. 415, sec. 15, 39 Stat. 541.)

96. Claim of title as excuse for refusal to deliver.—No title to goods or right to their possession asserted by a carrier for his own

benefit shall excuse him from liabilty for refusing to deliver the

goods according to the terms of a bill issued for them, unless such

title or right is derived directly or indirectly from a transfer made by

1002
GENERAL LAWS [T. 49, § 101

the consignor or consignee after the shipment, or from the carrier's

lien. (Aug. 29, 1916, ch. 415, sec. 16, 39 Stat. 541.)

97. Interpleader of conflicting claimants.—If more than one per- son claim the title or possession of goods, the carrier may require all known claimants to interplead, either as a defense to an action

brought against him for nondelivery of the goods or as an original

suit, whichever is appropriate. (Aug. 29. 1916, ch. 415, sec. 17, 39

Stat. 541.)

98. Reasonable time for procedure allowed in case of adverse

claim.—If some one other than the consignee or the person in possession of the bill has a claim to the title or possession of the goods,

and the carrier has information of such claim, the carrier shall be

excused from liability for refusing to deliver the goods, either to the

consignee or person in possession of the bill or to the adverse claimant, until the carrier has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead. (Aug. 29, 1916, ch. 415, sec. 18, 39 Stat. 541.)

99. Failure to deliver; claim of third person as defense.—Except

as provided in the two preceding sections and in section 89 of this

chapter, no right or title of a third person, unless enforced by legal process, shall be a defense to an action brought by the consignee of a

straight bill or by the holder of an order bill against the carrier for

failure to deliver the goods on demand. (Aug. 29, 1916, ch. 415, sec. 19, 39 Stat. 541.)

100. Loading by carrier; counting packages, etc.; contents of

bill.—When goods are loaded by a carrier such carrier shall count

the packages of goods, if package freight, and ascertain the kind and

quantity if bulk freight, and such carrier shall not, in such cases, insert in the bill of lading or in any notice, receipt, contract, rule,

regulation, or tariff, " Shipper's weight, load, and count," or other

words of like purport, indicating that the goods were loaded by the

shipper and the description of them made by him or in case of bulk

freight and freight not concealed by packages the description made

by him. If so inserted, contrary to the provisions of this section, said

words shall be treated as null and void and as if not inserted therein.

(Aug. 29, 1916, ch. 415, sec. 20, 39 Stat. 541.)

101. Loading by shipper; contents of bill; ascertainment of kind

and quantity on request.—When package freight or bulk freight

is loaded by a shipper and the goods are described in a bill of lading

merely by a statement of marks or labels upon them or upon packages containing them, or by a statement that the goods are said to be goods of a certain kind or quality, or in a certain condition, or

it is stated in the bill of lading that packages are said to contain

goods of a certain kind or quantity or in a certain condition, or

that the contents or condition of the contents of packages are unknown, or words of like purport are contained in the bill of

lading, such statements, if true, shall not make liable the carrier

issuing the bill of lading, although the goods are not of the kind

or quantity or in the cond,ition which the marks or labels upon them

indicate, or of the kind or quantity or in the condition they were

1003
T. 49, § 102] GENERAL LAWS

said to be by the consignor. The carrier may also by inserting in the bill of lading the words " Shipper's weight, load, and count,"

or other words of like purport indicate that the goods were loaded

by the shipper and the description of them made by him; and if such statement be true, the carrier shall not be liable for damages

caused by the improper loading or by the nonreceipt or by the

misdescription of the goods described in the bill of lading : Provided,

hov^ver, Where the shipper of bulk freight installs and maintains

adequate facilities for weighing such freight, and the same are available to the carrier, then the carrier, upon written request of

such shipper and when given a reasonable opportunity so to do,

shall ascertain the kind and quantity of bulk freight within a reasonable time after such written request, and the carriers shall

not in such cases insert in the bill of lading the words " Shipper's

weight," or other words of like purport, and if so inserted contrary

to the provisions of this section, said words shall be treated as null

and void and as if not inserted therein. (Aug. 29, 1916, ch. 415,

sec. 21, 39 Stat. 541.)

102. Liability for nonreceipt or misdescription of goods.—^If a

bill of lading has been issued by a carrier or on his behalf by an

agent or employee the scope of whose actual or apparent authoritj^

includes the receiving of goods and issuing bills of lading therefor

for transportation in commerce among the several States and with

foreign nations, the carrier shall be liable to (a) the owner of

goods covered by a straight bill subject to existing right of stoppage

in transitu or (b) the holder of an order bill, who has given value

in good faith, relying upon the description therein of the goods, or upon the shipment being made upon the date therein show^i, for

damages caused by the nonreceipt by the carrier of all or part of

the goods upon or prior to the date therein shown, or their failure

to correspond with the description thereof in the bill at the time of

its issue. (Aug. 29, 1916, ch. 415, sec. 22, 39 Stat. 542; Mar. 4,

1927, ch. 510, sec. 6, 44 Stat. 1450.)

103. Attachment, etc., of goods delivered to carrier.—If goods

are delivered to a carrier by the owner or by a person whose act

in conveying the title to them to a purchaser for value in good

faith would bind the owner, and an order bill is issued for them,

they cannot thereafter, while in the possession of the carrier, be

attached by garnishment or otherwise or be levied upon under an

execution unless the bill be first surrendered to the carrier or its negotiation enjoined. The carrier shall in no such case be compelled

to deliver the actual possession of the goods until the bill is sur- rendered to him or impounded by the court. (Aug. 29, 1916, ch. 415,

sec. 23, 39 Stat. 542.)

104. Remedies of creditor of owner of order bill.—A creditor

whose debtor is the owner of an order bill shall be entitled to such

aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such bill or in satisfying the claim by means

thereof as is allowed at law or in equity in regard to property which

cannot readily be attached or levied upon by ordinary legal process. (Aug. 29, 1916, ch. 415, sec. 24, 39 Stat. 542.)

1004
GENERAL LAW8 [T. 49, § 111

105. Lien of carrier.—If an order bill is issued the carrier shall have a lien on the goods therein mentioned for all charges on those

goods for freight, storage, demurrage and terminal charges, and

expenses necessary for the preservation of the goods or incident to

their transportation subsequent to the date of the bill and all other

charges incurred in transportation and delivery, unless the bill exj)ressly enumerates other charges for which a lien is claimed. In

such case there shall also be a lien for the charges enumerated so far as they are allowed by law and the contract between the con- signor and the carrier. (Aug. 29, 1916, ch. 415, sec. 25, 39 Stat. 542.)

106. Liability after sale to satisfy lien, etc.—After goods have

been lawfully sold to satisfy a carrier's lien, or because they have not

been claimed, or because they are perishable or hazardous, the

carrier shall not thereafter be liable for failure to deliver the goods

themselves to the consignee or owner of the goods, or to a holder of

the bill given for the goods when they were shipped, even if such

bill be an order bill. (Aug. 29, 1916, ch. 415, sec. 26, 39 Stat. 542.)

107. Negotiation of order bill by delivery.—An order bill may

be negotiated by delivery where, by the terms of the bill, the carrier

undertakes to deliver the goods to the order of a specified person,

and such person or a subsequent indorsee of the bill has indorsed it in

blank. (Aug. 29, 1916, ch. 415, sec. 27, 39 Stat. 542.)

108. Negotiation of order bill by indorsement.—An order bill may be negotiated by the indorsement of the person to whose order

the goods are deliverable by the tenor of the bill. Such indorsement

may be in blank or to a specified person. If indorsed to a specified

person, it may be negotiated again by the indorsement of such person

in blank or to another specified person. Subsequent negotiations

may be made in like manner. (Aug. 29, 1916, ch. 415, sec. 28, 39

Stat. 543.)

109. Transfer of bill by delivery; negotiation of straight bill.

A bill may be transferred by the holder by delivery, accompanied

with an agreement, express or implied, to transfer the title of the

bill or to the goods represented thereby. A straight bill cannot

be negotiated free from existing equities, and the indorsement of

such a bill gives the transferee no additional right. (Aug. 29, 1916,

ch. 415, sec. 29, 39 Stat. 543.)

110. Negotiation of order bill by person in possession.—An order

bill may be negotiated by any person in possession of the same, however such possession may have been acquired, if by the terms of the

bill the carrier undertakes to deliver the goods to the order of such

person, or if at the time of negotiation the bill is in such form that

it may be negotiated by delivery. (Aug. 29, 1916, ch. 415, sec. 30,

39 Stat. 543.)

111. Title and right acquired by transferee of order bill.—

person to whom an order bill has been duly negotiated acquires

thereby

(a) Such title to the goods as the person negotiating the bill to him had or had ability to convey to a purchaser in good faith for

1005
T. 49, § 112] GENERAL LAWS

value, and also such title to the goods as the consignee and consignor

had or had power to convey to a purchaser in good faith for value;

and

(b) The direct obligation of the carrier to hold possession of the

goods for him according to the terms of the bill as fully as if the

carrier had contracted directly with him. (Aug. 29, 1916, ch. 415,

sec. 31, 39 Stat. 543.)

112. Rights of ti*ansferee of bill without negotiation; notice to

carrier.—A person to whom a bill has been transferred, but not

negotiated, acquires thereby as against the transferor the title to the

goods, subject to the terms of any agreement with the transferor.

If the bill is a straight bill such person also acquires the right to notify the carrier of the transfer to him of such bill and thereby to become the direct obligee of whatever obligations the carrier owed to the transferor of the bill immediately before the notification.

Prior to the notification of the carrier by the transferor or transferee of a straight bill the title of the transferee to the goods and the

right to acquire the obligation of the carrier may be defeated by

garnishment or by attachment or execution upon the goods by a

creditor of the transferor, or by a notification to the carrier by the

transferor or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor.

A carrier has not received notification within the meaning of this

section unless an officer or agent of the carrier, the actual or apparent

scope of whose duties includes action upon such a notification, has

been notified; and no notification shall be effective until the officer or agent to whom it is given has had time, with the exercise of

reasonable diligence, to communicate with the agent or agents having

actual possession or control of the goods. (Aug. 29, 1916, ch. 415,

sec. 32, 39 Stat. 543.)

113. Compelling indorsement of order bill transferred by delivery.—Where an order bill is transferred for value by delivery,

and the indorsement of the transferor is essential for negotiation,

the transferee acquires a right against the transferor to compel him

to indorse the bill, unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made. This obligation may be specifically enforced. (Aug.

29, 1916, ch. 415, sec. 33, 39 Stat. 543.)

114. Warranties arising out of transfer of bill.—A person who

negotiates or transfers for value a bill by indorsement or delivery,

unless a contrary intention appears, warrants

(a) That the bill is genuine;

(b) That he has a legal right to transfer it; (c) That he has knowledge of no fact which would impair the validity or worth of the bill

(d) That he has a right to transfer the title to the goods, and

that the goods are merchantable or fit for a particular purpose

whenever such warranties would have been implied if the contract of the parties had been to transfer without a bill the goods repre- sented thereby. (Aug. 29, 1916, ch. 415, sec. 34, 39 Stat. 543.)

100«
GENERAL LAWS [T. 49, § 120

115. Liability of indorser of bill.—The indorsement of a bill shall not make the indorser liable for any failure on the part of the

carrier or previous indorsers of the bill to fulfill their respective

obligations. (Aug. 29, 1916, ch. 415, sec. 35, 39 Stat. 544.)

116. Warranties by mortgagee, etc., receiving payment of bill.—

A mortgagee or pledgee or other holder of a bill for security who in

good faith demands or receives payment of the debt for which such

bill is security, whether from a party to a draft drawn for such debt

or from any other person, shall not be deemed by so doing to represent or warrant the genuineness of such bill or the quantity or quality

of the goods therein described. (Aug. 29, 1916, ch. 415, sec. 36, 39

Stat. 544.)

117. Negotiation of bill; impairment of validity.—The validity

of the negotiation of a bill is not impaired by the fact that such

negotiation was a breach of duty on the part of the person making

the negotiation, or by the fact that the owner of the bill was deprived

of the possession of the same by fraud, accident, mistake, duress, loss,

theft, or conversion, if the person to whom the bill was negotiated, or

a person to whom the bill was subsequently negotiated, gave value

therefor in good faith, without notice of the breach of duty, or fraud,

accident, mistake, duress, loss, theft, or conversion. (Aug. 29, 1916,

ch. 415, sec. 37, 39 Stat. 544.)

118. Negotiation of bill by seller, mortgagor, etc., to person

without notice.—Where a person, having sold, mortgaged, or pledged

goods which are in a carrier's possession and for which an order bill has been issued, or having sold, mortgaged, or pledged the order bill representing such goods, continues in possession of the order bill the

subsequent negotiation thereof by that person under any sale, pledge, or other disposition thereof to any person receiving the same in good

faith, for value and without notice of the previous sale, shall have the same effect as if the first purchaser of the goods or bill had expressly

authorized the subsequent negotiation. (Aug. 29, 1916, ch. 415, sec. 38, 39 Stat. 544.)

119. Rights of bona fide purchaser as affected by seller's lien or right of stoppage.—Where an order bill has been issued for goods

no seller's lien or right of stoppage in transitu shall defeat the rights

of any purchaser for value in good faith to whom such bill has been

negotiated, whether such negotiation be prior or subsequent to the

notification to the carrier who issued such bill of the seller's claim to a lien or right of stoppage in transitu. Nor shall the carrier be

obliged to deliver or justified in delivering the goods to an unpaid

seller unless such bill is first surrendered for cancellation. (Aug.

29, 1916, ch. 415, sec. 39, 39 Stat. 544.)

120. Rights of mortgagee or lien holder; limitation.—Except as provided in the preceding section, nothing in this chapter shall limit

the rights and remedies of a mortgagee or lien holder whose mortgage

or lien on goods would be valid, apart from this chapter, as against one who for value and in good faith purchased from the owner, immediately prior to the time of their delivery to the carrier, the goods

1007
T. 49, § 121] GENERAL LAWS

wliich are subject to the mortgage or lien and obtained possession

of them. (Aug. 29, 1916, ch. 415, sec. 40, 39 Stat. 544.)

121. Offenses; penalty.—Any person who, knowingly or with

intent to defraud, falsely makes, alters, forges, counterfeits, prints or photographs any bill of lading purporting to represent goods re- ceived for shipment among the several States or with foreign nations, or with like intent utters or publishes as true and genuine any

such falsely altered, forged, counterfeited, falsely printed or photographed bill of lading, knowing it to be falsely altered, forged,

counterfeited, falsely printed or photographed, or aids in making,

altering, forging, counterfeiting, printing or photographing, or utter- ing or publishing the same, or issues or aids in issuing or procuring

the issue of, or negotiates or transfers for value a bill which contains a false statement as to the receipt of the goods, or as to any

other matter, or who, with intent to defraud, violates, or fails to comply with, or aids in any violation of, or failure to comply with

any provision of this chapter, shall be guilty of a misdemeanor, and,

upon conviction, shall be punished for each offense by imprisonment

not exceeding five years, or by a fine not exceeding $5,000, or both.

(Aug. 29, 1916, ch. 415, sec. 41, 39 Stat. 544.)

122. Terms defined.—In this chapter, unless the context of subject

matter otherwise requires

"Action " includes counterclaim, set-off, and suit in equity.

" Bill " means bill of lading governed by this chapter.

" Consignee " means the person named in the bill as the person to whom delivery of the goods is to be made.

" Consignor " means the person named in the bill as the person

from whom the goods have been received for shipment.

" Goods " means merchandise or chattels in course of transportation or which have been or are about to be transported.

" Holder " of a bill means a person who has both actual possession

of such bill and a right of property therein. " Order " means an order by indorsement on the bill. " Person " includes a corporation or partnership, or two or more

persons having a joint or common interest. To " purchase " includes to take as mortgagee and to take as pledgee.

" State " includes any Territory, District, insular possession, or isthmian possession. (Aug. 29, 1916, ch. 415, sec. 42, 39 Stat. 545.)

Note.—Section 123, relative to the retroactive effect of the chapter, is omitted

as obsolete. 124. Invalidity of part of chapter.—The provisions and each part

thereof and the sections and each part thereof of this chapter are independent and severable, and the declaring of any provision or part thereof, or provisions or part thereof, or section or part thereof, or sections or part thereof, unconstitutional shall not impair or render

unconstitutional any other provision or part thereof or section or part thereof. (Aug. 29, 1916, ch. 415, sec. 44, 39 Stat. 545.)

1008
GENERAL LAWS [T. 50, § 31 CHAPTER 6.—AIR COMMERCE

Sections 171 to 184. Air Commerce Act of 1926.— (May 20, 1926,

ch. 344, 44 Stat. 568.)

Note.—The Act above cited was entitled " An Act to encourage and regulate

the use of aircraft in commerce, and for other purposes."

The term " interstate or foreign air commerce ", as defined in section 171, means " air commerce between any State, Territory, or possession, or the

District of Columbia, and any place outside thereof ; or between points within

the same State, Territory, or possession, or the District of Columbia, but through the air space over any place outside thereof ; or wholly within the air space over any Territory or possession or the District of Columbia."

Section 176 provides in part as follows: "The Congress hereby declares that

the Government of the United States has, to the exclusion of all foreign nations,

complete sovereignty of the airspace over the lands and waters of the United

States, including the Canal Zone. Aircraft a part of the armed forces of any

foreign nation shall not be navigated in the United States, including the Canal

Zone, except in accordance with an authorization granted by the Secretary

of State." The term " United States ", when used in a geographical sense, is defined in section 179 to mean " the territory comprising the several States, Territories,

possessions, and the District of Columbia (including the territorial waters

thereof), and the overlying airspace; but shall not include the Canal Zone." UNITED STATES CODE, TITLE 50 WAR

Ch.

4. Espionage

6. Willful Destruction, And

Forth, Of War Material—

So

Sec.31 101

Ch.

12. Vessels In Territorial Waters Of

United States

Sec. 191 CHAPTER 4.—ESPIONAGE

Section 31. Unlawfully obtaining or permitting to be obtained

information affecting national defense.—(a) Whoever, for the purpose of obtaining information respecting the national defense with

intent or reason to believe that the information to be obtained is to be used to the injury of the United States, or to the advantage

of any foreign nation, goes upon, enters, flies over, or otherwise

obtains information concerning any vessel, aircraft, work of defense,

navy yard, naval station, submarine base, coaling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, fac- tory, mine, telegraph, telephone, wireless, or signal station, building,

office, or other place connected with the national defense, owned or

constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers or

agents, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other

materials or instruments for use in time of war are being made,

prepared, repaired, or stored, under any contract or agreement

with the United States, or with any person on behalf of the United

States, or otherwise on behalf of the United States, or any prohibited place within the meaning of section 36 of this title; or

(b) whoever for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts, or induces or aids another to copy, take, make, or obtain, any sketch,

1009
T. 50, § 32] GENERAL LAWS

photograph, photographic negative, bhie print, plan, map, model,

instrument, appliance, document, writing, or note of anything con- nected with the national defense; or (c) whoever, for the purpose

aforesaid, receives or obtains or agrees or attempts or induces or

aids another to receive or obtain from any person, or from an}'^ source whatever, any document, writing, code book, signal book,

sketch, photograph, photographic negative, blue print, plan, map,

model, instrument, appliance, or note, of anything connected with

the national defense, knowing or having reason to believe, at the

time he receives or obtains., or agrees or attempts or induces or

aids another to receive or obtain it, that it lia&i been or will be obtained, taken, made or disposed of by an}^ person contrary to the

provisions of this title; or (d) whoever, lawfully or unlawfully

having possession of, access to, control over, or being intrusted

with any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or note relating to the national defense, willfully

communicates or transmits or attemots to communicate or transmit

the same to anv person not entitled to receive it, or willfully retains

the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or (e) whoever,

being intrusted with or having lawful possession or control of any

document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note, or information,

relating to the national defense, through gross negligence permits

the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, shall be punished by a fine of not more than

$10,000, or by imprisonment for not more than two years or both.

(June 15, 1917, ch. 30, Title I, sec. 1, 40 Stat. 217.)

Cross-References Term " United States " as including Canal Zone, see section 40 of this title. Jurisdiction of district court in Canal Zone over offenses, see section 39

of this title.

32. Unlawfully disclosing information affecting national defense.—Whoever, with intent or reason to believe that it is to be

used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts

to, or aids or induces another to, communicate, deliver, or transmit,

to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer,

agent, employee, subject, or citizen thereof, either directly or indirectly, any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note,

instrument, appliance, or information relating to the national

defense, shall be punished by imprisonment for not more than twenty

years: Provided, That whoever shall violate the provisions of subsection (a) of this section in time of war shall be punished by death

orb}'^ imprisonment for not more than thirty years; and (b) whoever,

1010
GENERAL LAWS [T. 50, § 36

in time of war, with intent that the same shall be communicated to the enemy, shall collect, record, publish, or communicate, or attempt

to elicit any information with respect to the movement, numbers,

description, condition, or disposition of any of the armed forces,

ships, aircraft, or war materials of the United States, or with respect

to the plans or conduct, or supposed plans or conduct of any naval

or military operations, or with respect to any works or measures

undertaken for or connected with, or intended for the fortification or defense of any place, or any other information relating to the

public defense, which might be useful to the enemj^, shall be punished bv death or by imprisonment for not more than thirty years. (June 15, 1917, ch. 30, title I, sec. 2, 40 Stat. 218.)

33. Seditious or disloyal acts or words in time of war.—Whoever,

when the United Stat^es is at war, shall willfully make or convey

false reports or false statements with intent to interfere with the

operation or success of the military or naval forces of the United

States or to promote the success of its enemies and whoever, when

the United States is at war, shall willfully cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the

military or naval forces of the United States, or shall willfully

obstruct the recruiting or enlistment service of the United States, to the injury of the service of the United States, shall be punished by

a fine of not more than $10,000 or imprisonment for not more than

twenty years, or both. (June 15, 1917, ch. 30, title I, sec. 3, 40 Stat. 219; Mar. 3, 1921, ch. 136, 41 Stat. 1359.)

34. Conspiracy to violate preceding sections.—If two or more

persons conspire to violate the provisions of sections 32 or 33 of

this title, and one or more of such persons does any act to effect the

object of the conspirac}', each of the parties to such conspiracy shall

be punished as in said sections provided in the case of the doing of

the act the accomplishment of which is the object of such conspiracy. Except as above provided conspiracies to commit offenses

under this chapter shall be punished as provided by section 88 of

title 18. (June 15, 1917, ch. 30, title I, sec. 4, 40 Stat. 219.)

35. Harboring or concealing violators of law.—Whoever harbors

or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense

under this chapter shall be punished by a fine of not more than

$10,000 or by imprisonment for not more than two years, or both.

(June 15, 1917, ch. 30, title I, sec. 5, 40 Stat. 219.)

36. Designation of prohibited places by proclamation.—The

President in time of war or in case of national emergency may by

proclamation designate any place other than those set forth in

subsection (a) of section 31 of this title in which anything for the

use of the Army or Navy is being prepared or constructed or stored

at a prohibited place for the purposes of this chapter: Provided^

That he shall determine that information with respect thereto would

be prejudicial to the national defense. (June 15, 1917, ch. 30, title

I, sec. 6, 40 Stat. 219.)

1011
T. 50, § 37] GENERAL LAWS

37. Places subject to provisions of chapter.—The provisions of

this chapter shall extend to all Territories, possessions, and places

subject to the jurisdiction of the United States whether or not

contiguous thereto, and offenses under this chapter when committed

upon the high seas or elsewhere within the admiralty and maritime

jurisdiction of the United States and outside the territorial limits

thereof shall be punishable hereunder. (June 15, 1917, ch. 30, title

I, sec. 8, 40 Stat. 219.)

38. Jurisdiction of courts-martial and military commissions.—

Nothing contained in this chapter or chapter 12 of this title shall be

deemed to limit the jurisdiction of the general courts-martial, military commissions, or naval courts-martial under chapter 36 of title 10 and chapter 21 of title 34. (June 15, 1917, ch. 30, title I, sec. 7, 40 Stat. 219.)

39. Jurisdiction of courts of Canal Zone and Philippine Islands

of offenses on high seas.—The several courts of first instance in

the Philippine Islands and the district court of the Canal Zone shall have jurisdiction of offenses under this chapter and chapter 12 of

this title committed within their respective clistricts, and concurrent

jurisdiction with the district courts of the United States of offenses

under this chapter and chapter 12 of this title committed upon the

high seas, and of conspiracies to commit such offenses, as defined by

section 88 of title 18, and the provisions of said section, for the

purpose of this chapter and chapter 12 of this title, are hereby

extended to the Philippine Islands, and to the Canal Zone. In such

cases the district attorneys of the Philippine Islands and of the Canal

Zone shall have the powers and perform the duties provided in

this chapter for United States attorneys. (June 15, 1917, ch. 30,

title XIII, sec. 2, 40 Stat. 231.)

40. " United States " defined.—The term " United States " as used

in this chapter and chapter 12 of this title includes the Canal Zone

and all territory and waters, continental or insular, subject to the

jurisdiction of the United States. (June 15, 1917, ch. 30, title XIII,

sec. 1, 40 Stat. 231.)

41. " Foreign government " defined.—The words " foreign government," as used in this chapter of this title, shall be deemed to include any government, faction, or body of insurgents within a country with which the United States is at peace, which government,

faction, or body of insurgents may or may not have been recognized

by the United States as a government. (June 15, 1917, ch. 30, title VIII, sec. 4, 40 Stat. 226.)

42. Effect of partial invalidity of chapter.—If any clause, sentence, paragraph, or part of tliis chapter or of chapter 12 of this title shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in

the controversy in which such judgment shall have been rendered.

(June 15, 1917, ch. 30, title XIll, sec. 4, 40 Stat. 231.)

1012
GENERAL LAWS tT. 50, § 10'2 CHAPTER 6.—WILLFUL DESTRUCTION. AND SO FORTH. OF WAR

MATERIAL

Section 101. Definition of terms.—The words " war material ", as used herein, shall include arms, armament, ammunition, livestock, stores of clothing, food, foodstuffs, or fuel ; and shall also include

supplies, munitions, and all other articles of whatever description,

and any part or ingredient thereof, intended for, adapted to, or suit- able for the use of the United States, or any associate nation, in connection with the conduct of the war. The words '' war premises ", as used herein, shall include all buildings, grounds, mines, or other places wherein such war material is being produced, manufactured, repaired, stored, mined, extracted, dis- tributed, loaded, unloaded, or transported, together with all machinery and appliances therein contained; and all forts, arsenals, navy

yards, camps, prisons, or other military or naval stations of the

United States, or any associate nation.

The words " war utilities ", as used herein, shall include all rail- roads, railways, electric lines, roads of whatever description, railroad or railway fixture, canal, lock, dam, wharf, pier, dock, bridge, building, structure, engine, machine, mechanical contrivance, car, vehicle,

boat, or aircraft, or any other means of transportation whatsoever,

whereon or whereby such war material or any troops of the United

States, or of any associate nation, are being or may be transported

either within the limits of the United States or upon the high seas

and all dams, reservoirs, aqueducts, water and gas mains and pipes, structures and buildings, whereby or in connection with which water

or gas is being furnished, or may be furnished, to any war premises or

to the military or naval forces of the United States, or any associate

nation, and all electric light and power, steam or pneumatic power,

telephone and telegrajDh plants, poles, wires, and fixtures and wireless stations, and the buildings connected with the maintenance and

operation thereof used to supply water, light, heat, power, or facilities of communication to any war premises or to the military or naval

forces of the United States, or any associate nation. The words

" United States " shall include the Canal Zone and all territory and

waters, continental and insular, subject to the jurisdiction of the

United States. The words " associate nation ", as used in this chapter, shall be

deemed to mean any nation at war with any nation with which the

United States is at war. (Apr. 20, 1918, ch. 59, sec. 1, 40 Stat. 533.)

102. Destroying or injuring war material in time of war.—

When the United States is at war, whoever, with intent to injure,

interfere with, or obstruct the United States or any associate nation

in preparing for or carrying on the war, or whoever, with reason to believe that his act may injure, interfere with, or obstruct the United

States or any associate nation in preparing for or carrying on the war,

shall willfully injure or destroy, or shall attempt to so injure or

destroy, any war material, war premises, or war utilities, as herein

defined, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than thirty years, or both. (Apr. 20, 1918, ch.

59, sec. 2, 40 Stat. 534.)

1013
T. 50, § 103] GENERAL LAWS

103. Making or causing war material to be made in defective manner.—WHien the United States is at war, whoever, with intent

to injure, interefere with, or obstruct the United States or any associate nation in preparing for or carrying on the war, or whoever,

with reason to believe that his act may injure, interfere with, or

obstruct the United States or any associate nation in preparing for or carrying on the war, shall willfully make or cause to be made in a defective manner, or attempt to make or cause to be made in a

defective manner, any war material, as herein defined, or any tool,

implement, machine, utensil, or receptacle used or emploj^ed in making, producing, manufacturing, or repairing any such war material,

as herein defined, shall, upon conviction thereof, be fined not more

than $10,000 or imprisoned not more than thirty years, or both.

(Apr. 20, 1918, ch. 59, sec. 3, 40 Stat. 534.)

CHAPTER 12.—VESSELS IN TERRITORIAL WATERS OF UNITED STATES

Ckoss-Reiferences

Effect of partial invalidity of this chapter, see section 42 of this title. Jurisdiction of courts-martial and military commissions, see section 38 of

this title. Jurisdiction of Canal Zone district court of offenses under this chapter, see section 39 of this title. Section 191. Secretary of Treasury and Governor of Canal Zone

authorized to regulate anchorage, movement, and so forth, of vessel.—Whenever the President by proclamation or Executive order

declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened dis- turbance of the international relations of the United States, the

Secretary of the Treasury may make, subject to the approval of the

President, rules and regulations governing the anchorage and move- ment of any vessel, foreign or domestic, in the territorial waters

of the United States, may insi>ect such vessel at any time, place

guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury

to any harbor or waters of the United States, or to secure the observ- ance of the rights and obligations of the United States, may take,

by and with the consent of the President, for such purposes, full possession and control of such vessel and remove therefrom the

officers and crew thereof and all other persons not speciall}' authorized by him to go or remain on board thereof.

Within the territory and Avaters of the Canal Zone the Governor

of the Panama Canal, with the approval of the President, shall exercise all the powers conferred by this section on the Secretary

of the Treasury. (June 15, 1917, ch."30. Title II, sec. 1, 40 Stat. 220.)

192. Seizure and forfeiture of vessels for failure to observe

regulations.—If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply

with any regulation or rule issued or order given by the Secretary

of the Treasury or the Governor of the Panama Canal under the

provisions of this title, or obstructs or interferes with the exercise

of any power conferred by this title, the vessel, together with her

1014
GENERAL LAWS [T. 50, § 194

tackle, apparel, furniture, and equipment, shall be subject to seizure

and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and

the person guilty of such failure, obstruction, or interference shall

be fined not more than $10,000, or imprisoned not more than two

years, or both. (June 15, 1917, ch. 30, title II, sec. 2', 40 Stat. 220.)

193. Destruction of, injury to, or improper use of vessels.—It shall be unlawful for the owner or master or any other person in

charge or command of any private vessel, foreign or domestic, or for

any member of the crew or other person, within the territorial waters

of the United States, willfully to cause or permit the destruction or injury of such vessel or knowingly to permit said vessel to be used

as a place of resort for any person conspiring with another or pre- paring to commit any offense against the United States, or in violation of the treaties of the United States or of the obligations of the

United States under the law of nations, or to defraud the United

States, or knowingly to permit such vessels to be used in violation of

the rights and obligations of the United States under the law of

nations ; and in case such vessels shall be so used, with the knowledge

of the owner or master or other person in charge or command thereof,

the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States

in the same manner as merchandise is forfeited for violation of the

customs revenue laws ; and whoever violates this section shall be fined

not more than $10,000, or imprisoned not more than two years, or

both. (June 15, 1917, ch. 30, title II, sec. 3, 40 Stat. 220.)

194. Employment of Army and Navy to enforce provisions of

chapter.—The President may employ such part of the land or naval

forces of the United States as he may deem necessary to carry out

the purpose of this chapter. (June 15, 1917, ch. 30, title II, sec. 4, 40 Stat. 220.)

1015



PARALLEL REFERENCE TABLES

43803—34 65 1017
SCHEDULE OF TABLES

Page

1. The Civil Code (title 3) - -- - 1019

2. The Code of Civil Procedure (title 4) 1024

3. The Criminal Code (title 5) 1029

4. The Code of Criminal Procedure (title 6) 1031

5. United States Code to Canal Zone Code 1033

6. Statutes at Large to Canal Zone Code... 1033

7. Executive orders to Canal Zone Code 1037

8. Acts and Ordinances Isthmian Canal Commission to Canal Zone Code 103S

1018
PARALLEL REFERENCE TABLES

PARALLEL REFERENCE TABLES

1. THE CIVIL CODE (TITLE 3) This table shows where the sections of title 3, the Civil Code, are to be found

in act of February 27, 1933 (eh. 128, 47 Stat. 1124), and in the Civil Code of

California.

47 Stat, ch. 128

Cali- fornia Civil Code

10

1112

13

1415

16

17181920

2122

23

2425

26

2728

2930

3132

33

34

3536

37

38

3940

4142

434445

46

4748

4960

5152

63

5560

6162

63

64

6566

67

10

1113

14

18

1925

26

2729

33

34

35

36

37

38

3940

4142

43

44

4546

4748

4950

55

57

Title 3

100

101 102

103

104

47 Stat, ch. 128

100

101 102

103 104

105 106

107

108

111 112

113

114

115

116 117

118

119 120

121 122 123

124

125 126

127

128

131 132

133 134

135

136

137 138

139 140

141 142

143

144

145

146

147 148 149

150

151 152

153 154

155

IGl 162

163

164

89

90

9192

93

9495

96

97

98

99 100

101 102

103

104

105 106

107

108 109 110

111 112

113

114

115 116

117

118

119

120

121 122

123 124

125

126

127

128 129

130

131 132

133

134

135

136

137 138

Cali- fornia Civil Code

10694

111 112

113

114 115 116

117

118 119

120

121 122

123

124 125

126 12790

136

13791

141 142

143

146

147

155

156 157

158

159 160

161 162

163

164

165

166

167 168 169

170

171 171a

172

174 175

176

177

178

181

Title 3

193

194

195

47 Stat,

ch. 128

165

166

167

168 169 170

171 172

173

174 175

176

177

178 179

180

181 182

183

191 192

193

194 195

196

201 202

203

204 205

206

207 208 209

210

211 212

213

214 216

216

221 222

223

224 225

226

227 228

229 230

241 242

243 244

245 246

247 248

249

251 252

253

254 255

256

257

Cali- fornia Civil Code

139 140

141 142

143

144

145

146 147

148

149 150

151 152

153

154 155 156

167 158

159

161 162 163

164 166

166 166a 166b

166c 166d

166e

166f 167

168

169 169a 169b

169c 169d

1696

170

171 172

173

174

175

176

177

178 179

180

181 181a 181b

181c 181d

181e

181 f 181g

182

183

184

185 186

187 188

216

196

197

198 199 200

201 202

203

204 205 206

207

208 209

210

211 212

213

Title 3

230

236

237

238 239

240 i 241 242

246 250

261 252

253 254

255 266

267

654 655

656 667

658

659 660

47 Stat, ch. 128

258

261 262

263

271 272

273 274 275

276

277

278

279 280

281 282

283

284 286 286

287

288

289 290

291 292

293

294

301 302

303

304 305

311 312

321 322

323

324 325

331 332

341 342

343 344

351 362

361

371 372

381 382

383

384 386

386

391 401

411 412

413

414 415

416

417

418

189 190

191 192

193

194 195

196

197 198

199 200

201 202

203

204

205

206

207

208

209 210

211 212

213

214

215

216

217 218

219

220

221 222

223

224

225 226

227 228

229

230

231 232

233

234 236

236

237 238

239 240

241 242

243

244

245

246

247

248

249

250

251 252

253

264 255

California Civil Code

1019
PARALLEL REFERENCE TABLES

1. The Civil Code {Title 3)—Continued

Cali- Cali- Cali- Cali- Title 3 47 Stat, ch. 128

fornia Civil Code

Title 3 47 Stat,

ch. 128

fornia Civil Code

Title 3 47 Stat, ch. 128

fornia CivU Code

Title 3 47 Stat. Ch. 128

fornia Civil Code

419 256 1031 544 334 1298 643 412 1396 802 490 1550 420 257 1032 545 335 1299 644 413 1397 811 491 1556

421 25S 1033 546 336 1300 645 414 1398 812 492 1557

431 259 1039 547 337 1300a 646 415 1399 813 493 1558 432 260 1040 548 338 1301 647 416 1400 814 494 1559

441 261 1044 549 339 1302 648 417 1401 821 495 1.565 442 262 1045 550 340 1303 649 418 1402 822 496 1566 443 263 1046 551 341 1304 650 419 1403 823 497 1567 451 264 1052 552 342 1305 051 420 1404 824 498 1568 452 265 1135 553 343 1374 652 421 825 499 1569 453 266 1136 554 344 1306 653 422 ""'hos' 826 500 1570 454 267 1053 555 345 1307 654 423 1409 827 501 1571 455 268 1054 556 346 1308 661 424 1427 828 502 1572 456 269 1055 557 347 1309 662 425 1428 829 503 1573 457 270 1056 558 348 1310 671 426 1429 830 504 1574 458 271 1057 559 349 1313 681 427 1430 831 505 1575 459 272 1059 560 350 1375 682 428 1431 832 506 1576 461 273 1006 571 351 1317 683 429 1432 833 507 1577 462 274 1067 572 352 1318 691 430 1434 834 508 1578 463 275 1068 573 353 1319 692 431 1435 835 509 1579 464 276 1069 574 354 1320 693 432 1436 836 510 1580 465 277 1070 575 355 1321 694 433 1437 837 511 1581 466 278 1071 576 356 1322 695 434 1438 838 512 1,582 471 279 1083 577 357 1323 696 435 1439 839 513 1583 472 280 10S4 578 358 1324 697 436 1440 840 514 1584 481 281 1146 579 359 1325 698 437 1441 841 515 1585 482 282 1147 580 360 1326 699 438 1442 842 516 1586 483 283 1148 581 361 1327 701 439 1448 843 517 1,587 484 284 1149 582 362 1328 702 440 1449 844 518 1,588 485 285 1150 583 363 1330 703 441 1450 845 519 1589 486 286 1151 584 364 1331 704 442 1451 851 520 1595 487 287 1152 585 365 1333 711 443 14.57 852 521 1596 488 288 1153 586 366 1334 712 444 1458 853 522 1597

491 289 1180 587 367 1335 713 445 1459 854 523 1598

492 290 1182 588 368 1336 721 446 1473 855 524 1599 493 291 1183 589 369 1337 722 447 1474 861 525 1605

494 292 590 370 1339 723 448 1475 862 526 1606

495 293 """iiis" 591 371 1340 724 449 1476 863 527 1607 496 294 1188 592 372 1341 725 450 1477 864 628 1608 497 295 1189 593 373 1342 726 451 1478 865 529 1609 498 296 1190 594 374 1343 727 452 1479 866 530 1610

499 297 1192 595 375 1344 731 453 1485 867 531 1611 500 298 1193 596 376 1345 732 454 1486 868 532 1612

501 299 1195 597 377 1346 733 455 1487 869 533 1613 502 300 1196 598 378 1347 734 456 1488 870 534 1614 503 301 1197 599 379 1348 735 457 1489 871 535 1615

504 302 1198 600 380 1349 736 458 1490 881 536 1619 505 303 1199 601 381 1350 737 459 1491 882 537 1620

506 304 1200 602 382 1351 738 460 1492 883 538 1621 507 305 1201 603 383 1375 739 461 1493 884 539 1622 508 306 1202 611 384 1357 740 462 1494 885 540 1623 609 307 1203 612 385 1359 741 463 1495 886 541 1624 510 308 1204 613 386 1360 742 464 1496 887 542 1625

511 309 1205 614 387 1361 743 465 1497 888 543 1626 512 310 615 388 1362 744 466 1498 889 544 1627

521 311

" "1276" 616 389 1363 745 467 1499 890 545 1629 522 312 1272 617 390 1365 746 468 1500 901 546 1635 523 313 1273 618 391 1366 747 469 1501 902 547 1630

524 314 1274 619 392 1367 748 470 1502 903 548 1637 525 315 1276 620 393 1368 749 471 1503 904 549 1638 526 316 1277 621 394 1369 750 472 1504 905 550 1639 527 317 1278 622 395 1370 751 473 1505 906 551 1640

528 318 1279 623 396 1371 761 474 1511 907 552 1641 529 319 1280 624 397 1372 762 475 1512 908 553 1642 530 320 1282 625 398 1373 763 476 1514 909 554 1643

531 321 1283 626 399 1377 764 477 1515 910 555 1644 532 322 631 400 1383 771 478 1521 911 556 1645 533 323 632 401 1384 772 479 1522 912 557 1646 534 324 '""1287'

633 402 1386 773 480 1523 913 558 1647 535 325 1288 634 403 1387 774 481 1524 914 559 1648 536 326 1289 635 404 1388 781 482 1530 915 560 1649 537 327 1290 636 405 1389 782 483 1531 916 561 16.50 538 328 1291 637 406 1390 783 484 1.532 917 562 1651 539 329 1292 638 407 1391 784 4S5 1533 918 563 16.52 540 330 1293 639 408 1392 791 486 1541 919 564 16,53 541 331 1295 6-40 409 1393 792 487 1542 920 565 1654 542 332 1296 641 410 1394 793 488 1543 921 566 1655 543 333 1297 642 411 1395 801 489 1549 922 567 1656 1020
PARALLEL REFERENCE TABLES

1. The Civil Code (Title 3) —Continued

Cali- Cali- Cali- Cali- Titles 47 Stat. Ch. 128

fornia Civil Code

Title 3

47 Stat.

ch. 128 fornia Civil Code

Title 3 47 Stat, ch. 128 foruia Civil Code

Title 3

47 Stat, ch. 128fornia Civil Code

923 568 1657 1030 646 1131 724 1851 1237 803 1890 924 569 1059 1031 647 1132 725 1852 1238 804 1891 925 570 1660 1032 648 1133 726 1853 1239 805 1892 926 571 1061 1033 649 1134 727 1854 1240 806 1893 931 572 1667 1034 650 1135 728 1855 1241 807 1894 932 673 1668 1035 651 1136 729 1856 1242 808 1895 933 574 1670 1036 652 1137 730 1857 1243 809 1896 934 575 1671 1037 653 1141 731 1251 810 1902 935 576 1673 1038 654 1142 732 1252 811 1903 936 577 1075 1039 655 1143 733 1253 812 1904 937 578 1676 1040 056 1144 734 1254 813 1905 941 579 1082 1041 657 1145 735 1255 814 1906

951 580 1688 1042 658 1146 736 1261 815 1912 952 581 1089 1043 659 1147 737 1262 816 1913 953 582 1690 1044 660 1148 738 1263 817 1914 954 583 1691 1045 661 1149 739 1264 818 1915 961 584 1697 1046 662 1150 740 1265 819 1916 962 585 1698 1047 663 1151 741 1266 820

963 586 1099 1048 664 1152 742 1267 821 964 587 1700 1049 665 1153 743 1268 822 965 588 1701 1050 666 1154 744 1269 823 971 589 1708 1051 667 1155 745 1271 824 1925 972 590 1709 1052 668 1156 746 1272 825 1926 973 591 1710 1053 669 1157 747 1273 826 1927 974 592 1711 1054 070 1158 748 1274 827 1928 975 593 1712 1055 071 1159 749 1275 S2S 1929 976 594 1713 1056 672 1160 750 1276 829 1930 977 595 1714 1057 673 1161 751 1277 830 1931 978 596 1715 1061 674 1162 752 1278 831 1932 981 597 1062 675 1163 753 1279 832 1933 982 598 1063 676 1164 754 1280 833 1934 983 599 1064 677 1165 755 1281 834 1935 984 600 .. 1065 078 1166 756 1282 835 1955 985 601 1066 679 1167 . 757 1283 836 1956 986 602 1067 680 1168 758 1284 837 1957 987 603 1068 681 1169 759 1285 838 1958 988 604 1069 682 1170 760 1291 839 989 605 1070 683 1171 761 1292 840 990 606 1071 684 1172 762 1301 841 1905 991 607 1072 685 1173 763 1311 842 1969 992 608 1073 686 1174 764 1312 843 1970 993 609 1074 687 1175 765 1313 844 1971 994 610 1075 688 1176 766 1321 845 1975 995 611 1076 689 1177 767 1322 840 1976 996 612 1077 690 1178 768 1323 847 1977 997 613 1078 691 1179 769 1324 848 1978 998 614 1079 692 1180 770 1325 849 1979 999 615 1080 693 1181 771 1326 850 1981 1000 616 1081 694 1182 772 1327 851 1982

lOOl 617 1082 695 1183 773 1328 852 1983 1002 618 1083 696 1184 774 1329 853 1984 1003 619 1084 697 1185 775 1330 854 1985

1004 620 1085 698 1186 776 1331 855 1986

1005 621 1091 699 1813 1187 777 1332 856 1987 1006 622 1092 700 1814 1188 778 1333 857 1988 1007 623 1093 701 1815 1189 779 1334 858 1990 1008 624 1094 702 1816 1190 780 1335 859 1991 1009 625 1095 703 1817 1191 781 1336 860 1992 1010 626 1096 704 1818 1192 783 1341 861 1996

1011 627 1101 705 1822 1193 784 1342 862 1997 1012 628 1102 706 1823 1201 785 1861 1343 803 1998 1013 629 1103 707 1824 1202 786 1862 1344 864 1999 1014 630 1104 708 1825 1211 787 1864 1345 865 2000

1015 631 1105 709 1826 1212 788 1865 1346 806 2001 1016 632 1106 710 1827 1213 789 1866 1347 867 2002

1017 633 1107 711 1828 1214 790 1867 1348 868 2003

1018 634 1111 712 1833 1215 791 1868 1351 809 2009

1019 635 1112 713 1834 1216 792 1869 1352 870 2010

1020 636 1113 714 1835 1217 793 1870 1353 871 2011 1021 637 1114 715 1836 1218 794 1871 1354 872 2012

1022 638 1115 716 1837 1219 795 1872 1355 873 2014 1023 639 1116 717 1838 1221 796 1878 1356 874 2015

1024 640 1117 718 1839 1231 797 1884 1361 875 2019

1025 641 1118 719 1840 1232 798 1885 1362 870 2020

1026 642 1121 720 1844 1233 799 1886 1363 877 2021

1027 643 1122 721 1845 1234 800 1887 1364 878 2022

1028 644 1123 722 1846 1235 801 1888 1371 879 2026

1029 645 1124 723 1847 1236 802 1889 1372 880 2027 1021
PARALLEL REFERENCE TABLES

1. The Civil Code {Title S)—Continued

Cali- Cali- Cali- Cali- Titles 47 Stat. Ch. 128

fornia CivU Code

Title 3 47 Stat. Ch. 128

fornia Civil Code

Title 3 47 Stat, ch. 128

fornia Civil Code

Title 3

47 Stat, ch. 128 fornia Civil Code

1373 881 2028 1553 1012 2252 1723 1090 2403 1901 1170 2561 1374 882 2029 1554 1013 2253 1724 1091 2404 1902 1171 2502

137,5 883 2030 1555 1014 2254 1725 1092 2405 1903 1172 2503

1381 881 2078 1551 1015 2258 1726 1093 2406 1904 1173 2501

1391 885 2085 1562 1016 2259 1731 1094 2410 1905 1174 250,5 1392 886 2086 1563 1017 2260 1732 1095 2411 1906 1175 2500

1393 887 1564 1018 2261 1733 1096 2412 1907 1176 2507

1394 888 ""2O89' 1.565 1019 2262 1734 1097 2413 1908 1177 2508

1395 889 2090 1566 1020 2263 1741 1098 2417 1909 1178 2569

1401 890 2096 1571 1021 2267 1742 1099 2418 1910 1179 2570

1411 891 2100 1572 1022 2268 1751 1100 2424 1911 1180 2571 1412 892 2101 1573 1023 2269 1761 1101 2428 1912 1181 2572

1413 893 2102 1581 1024 2273 1762 1102 2429 1913 1182 2573

1414 894 2103 1582 1025 2274 1763 1103 2430 1914 1183 2574

1415 895 2104 1583 1026 2275 1764 1104 2431 1915 1184 2575

1421 896 2110 1591 1027 2279 1771 1105 2435 1916 1185 2570

1431 897 2114 1592 1028 2280 1772 1106 2436 1917 1186 2577

1432 898 2115 1593 1029 2281 1773 1107 2437 1918 1187 2578

1433 899 2116 1594 1030 2282 1774 1108 2438 1919 1188 2579

1434 900 2118 1595 1031 2283 1781 1109 2442 1920 1189 2580

143.'> 901 2120 1601 1032 2287 1782 1110 2443 1921 1190 2581 1436 902 2121 1602 1033 2288 1783 nil 2444 1922 1191 2582

1441 903 1603 1034 2289 1784 1112 2445 1923 1192 2583

1451 946

'""2136"

1611 1035 2295 1791 1113 2449 1931 1193 2580

1452 947 2137 1612 1036 2296 1792 1114 2450 1932 1194 2587

1453 948 2138 1613 1037 2297 1793 1115 2451 1933 1195 2588

145t 949 2139 1614 1038 2298 1794 1116 2452 1934 1196 2589

1455 950 2140 1615 1039 2299 1795 1117 2453 1935 1197 2590

1450 951 2141 1616 1040 2300 1796 1118 2454 1936 1198 2591 1457 952 2142 1621 1041 2304 1801 1119 2458 1937 1199 2592

1458 953 2143 1622 1042 2305 1802 1120 2459 1938 1200 2593

1459 954 2144 1623 1043 2306 1803 1121 2460 1939 1201 2594

1461 955 2162 1624 1044 2307 1804 1122 2461 1940 1202 2595

1471 956 2168 1625 1045 2308 1805 1123 2462 1941 1203 2590

1472 957 2169 1626 1046 2309 1811 1124 2477 1942 1204 2597

1473 961 2173 1627 1047 2311 1812 1125 2478 1943 1205 2598

1474 962 2174 1628 1048 2310 1813 1126 2479 1944 1200 2599

1475 963 2175 1629 1049 2312 1814 1127 2480 1951 1207 2003

1476 964 2176 1630 1050 2313 1815 1128 2481 1952 1208 2004

1477 965 2177 1631 1051 2314 1816 1129 2482 1953 1209 2005

1481 967 2182 1632 1052 2315 1817 1130 2485 1954 1210 2000

1482 971 2186 1633 1053 2316 1821 1131 2489 1955 1211 2007

1483 972 2187 1634 1054 2317 1822 1132 2490 1956 1212 2008

1484 973 2188 1635 1055 2318 1823 1133 2491 19.57 1213 2609

1485 974 2190 1636 10,56 2319 1824 1134 2492 1958 1214 2610

1491 975 2194 1637 1057 2320 1825 1135 2493 1959 1215 2611 1492 976 2195 1638 1058 2321 1826 1136 2494 1900 1216 2612

1493 977 2196 1639 1059 2322 1827 1137 2495 1971 1218 2017

1494 978 2200 1640 1060 2323 1828 1138 2496 1972 1219 2618

1495 979 2201 1641 1061 2325 1831 1139 2500 1973 1220 2619

1496 980 2202 1642 1062 2326 1832 1140 2501 1974 1221 2620

1497 981 2203 1651 1063 2330 1833 1141 2502 1975 1222 2021

1501 986 2215 1652 1064 2331 1834 1142 2503 1976 1223 2022

1502 987 2216 1653 1065 2332 1841 1143 2507 1981 1224 2626

1,503 988 2217 1654 1066 2333 1842 1144 2508 1982 1225 2627

1504 989 2218 1655 1067 2334 1843 1145 2509 1983 1220 2628

1.505 990 2219 1656 1068 2335 1844 1146 2510 1984 1227 2029

1,506 991 2220 1657 1069 2336 1851 1147 2527 1991 1228 2033

1507 992 2221 1658 1070 2337 1861 1148 2531 1992 1229 2633a

1508 993 2222 1659 1071 2338 1802 1149 2532 1993 1230 2034

1,509 994 2223 1660 1072 2339 1863 1151 2534 1994 1231 2035

1510 995 2224 1671 1073 2342 1871 1152 2538 1995 1232 2030

1521 990 2228 1072 1074 2343 1872 1153 2539 1996 1233 2037

1522 997 2229 1673 1075 2344 1873 1154 2540 2001 1234 2641

1,523 998 2230 1674 1076 2345 1874 1155 2541 2002 1235 2642

1524 999 2231 1681 1077 2349 1875 1156 2542 2011 1236 2646

1525 1000 2232 1682 1078 2350 1881 1157 2546 2012 1237 2647

1526 1001 2233 1683 1079 2351 1882 1158 2547 2013 1238 2648

1527 1002 2234 1691 1080 2355 1883 1159 2548 2014 1239 2649

1528 1003 2235 1692 1081 2356 1884 1160 2549 2021 1240 2753

1529 1004 2236 1701 1082 2367 1885 1161 2550 2022 1241 2754

1530 1005 2237 1702 1083 2368 1886 1162 2551 2023 1242 2755

1531 1006 2238 1703 1084 2369 1887 1163 2552 2024 1243 2750

1532 1007 22.'59 1711 1085 2395 1888 1164 2553 2025 1244 2757

1541 1008 2243 1712 1080 2396 1889 1165 2554 2031 1245 2702

1542 1009 2244 1713 1087 2397 1890 1166 2555 2032 1246 2703

1551 1010 2250 1721 1088 2401 1891 1168 2557 2033 1247 2704

1552 1011 2251 1722 1089 2402 1 1892 1169 2558 2034 1248 2705

1022
PARALLEL REFERENCE TABLES

1. The CivU Code {Title S)—Contiuuetl

Cali- Cali- Cali- Cali- Titles 47 Stat.

ch. 128

fornia Civil Code

Title 3

47 Stat. Ch. 128fornia Civil Code

Title 3 47 Stat. Ch. 128 fornia Civil Code

Title 3 47 Stat,

ch. 128 fornia CivU Code

2035 1249 2766 2211 1326 2903 2326 1405 3087 2435 1483 3165 2036 1250 2767 2212 1327 2904 2327 1406 3088 2436 1 1484 3166 2037 1251 2769 2213 1328 2905 2328 1407 3089 2437 1485 3167

2041 1251a 2772 2221 1329 2909 2329 1408 3090 2438 1486 3168 2042 1252 2773 2222 1330 2910 2330 1409 3091 2439 1487 3169

2043 1253 2774 2223 1331 2911 2331 1410 3092 2441 148S 3170

2044 1254 2775 2224 1332 2912 2332 1411 3093 2442 1489 3171 2045 1255 2776 2225 1333 2913 2333 1412 3094 2443 1490 3172

2046 1256 2777 2231 1334 2920 2334 1413 3095 2444 1491 3173 2047 1257 2778 2232 1335 2922 2335 1414 3096 2445 1492 3174 2048 1258 2779 2233 1336 2923 2336 1415 3097 2446 1493 3175 2049 1259 2780 2234 1337 2924 2337 1416 3098 2447 1494 3176 2050 1260 2781 2235 1338 2925 2338 1417 3099 2448 1495 3177

2061 1261 2787 2236 1339 2926 2339 1418 3100 2449 1496 317S

2071 1262 2788 2237 1340 2927 2340 1419 3101 2450 1497 31711 2072 1263 2792 2238 1341 2928 2341 1420 3102 2451 1498 3180

2073 1264 2793 2239 1342 2929 2342 1421 3103 2452 1499 3181 2074 1265 2794 2240 1343 2930 2343 1422 3104 2453 1500 3182

2075 1266 2795 2241 1344 2932 2351 1423 3105 2454 1501 3183

2081 1267 2799 2242 1345 2933 2352 1424 3106 2455 1502 3184 2082 1268 2800 2243 1345a 2353 1425 3107 2456 1503 3185 2083 1269 2801 2244 1346 '"2934"

2354 1426 3108 2457 1504 3186

2084 1270 2802 2245 1347 2935 2355 1427 3109 2458 1505 3187

2091 1271 2806 2246 1348 2936 2356 1428 3110 2459 1506 3188 2092 1272 2807 2247 1349 2938 2361 1429 3111 2460 1507 3189

2093 1273 2808 2248 1350 2939 2362 1430 3112 2461 1508 3190

2094 1274 2809 2249 1351 2941 2363 1431 3113 2462 1509 3191 2095 1275 2810 2250 1352 2942 2364 1432 3114 2463 1510 3192

2101 1276 2814 2261 1353 2955 2365 1433 3115 2464 1511 3193

2102 1277 2815 2262 1354 2366 1434 3116 2465 1512 3194

2111 1278 2819 2263 1355 ""2956'

2367 1435 3117 2466 1513 3195

2112 1279 2820 2264 1356 2957 2368 1436 3118 2467 1514 3196

2113 1280 2821 2265 1357 2963 2369 1437 3119 2468 1515 3197

2114 1281 2822 2266 1359 2370 1438 3120 2469 1516 3198

2115 1282 2823 2267 1360 '"2987'

2371 1439 3121 2470 1517 3199

2116 1283 2824 2268 1361 2968 2372 1440 3122 2481 1518 3200

2117 1284 2825 2269 1362 2969 2373 1441 3123 2482 1519 3201 2121 1285 2831 2270 1363 2970 2374 1442 3124 2483 1520 3202 2122 1286 2832 2271 1364 2971 2375 1443 3125 2484 1521 3203

2131 1287 2836 2272 1365 2972 2376 1444 3126 2485 1522 3204 2132 1288 2837 2273 1366 2973 2377 1445 3127 2486 1523 3205 2133 1289 2838 2281 1367 2986 2378 1446 3128 2487 1524 3201 2134 1290 2839 2282 1368 2987 2379 1447 3129 2491 1525 3207 2135 1291 2840 2283 1369 2988 2380 1448 3130 2492 1526 320S

2141 1292 2844 2284 1370 2989 2381 1449 3131 2493 1527 3209 2142 1293 2845 2285 1371 2990 2391 1450 3132 2494 1528 3210 2143 1294 2846 2286 1372 2991 2392 1451 3133 2495 1529 3211 2144 1295 2847 2287 1373 2992 2393 1452 3134 2496 1530 3212 2145 1296 2848 2288 1374 2993 2394 1453 3135 2501 1531 3213 2146 1297 2849 2289 1375 2994 2395 1454 3136 2502 1532 3214 2147 1298 2850 2290 1376 2995 2396 1455 3137 2503 1533 3215 2151 1299 2854 2291 1377 2996 2397 1456 3138 2504 1534 321f 2161 1300 2858 2292 1378 2997 2398 1457 3139 2505 1535 3217 2162 1301 2859 2293 1379 2998 2399 1458 3140 2506 1536 321i: 2163 1302 2800 2294 1380 2999 2401 1459 3141 2507 1537 321£ 2164 1303 2861 2295 1381 3000 2402 1460 3142 2508 1538 322c 2165 1304 2862 2296 1382 3001 2403 1461 3143 2509 1539 3221 2166 1305 2863 2297 1383 3002 2404 1462 3144 2510 1540 322C 2167 1306 2864 2298 1384 3003 2405 1463 3145 2511 1541 322: 2168 1307 2865 2299 1385 3004 2406 1464 3146 2521 1542 322-1 2169 1308 2866 2300 1386 3005 2407 1465 3147 2522 1543 322; 2171 1309 2872 2301 1387 3006 2408 1466 3148 2523 1544 322f 2172 1310 2873 2302 1388 3007 2409 1467 3149 2524 1545 322" 2173 1311 2874 2303 1389 3008 2410 1468 3150 2525 1546 322; 2174 1312 2875 2304 1390 3009 2421 1469 3151 2526 1547 322c 2175 1313 2876 2305 1391 3010 2422 1470 3152 2527 1548 323( 2176 1314 2877 2306 1392 3011 2423 1471 3153 2528 1549 323 2181 1315 2881 2311 1393 3051 2424 1472 3154 2529 1.550 323!. 2182 1316 2882 2312 1394 3051a 2425 1473 3155 2531 1551 32lv 2183 1317 2883 2313 1396 3052 2426 1474 3156 2532 1552 3234 2184 1318 2884 2314 1396 3053 2427 1475 3157 2533 1553 323; 2191 1319 2888 2315 1397 3054 2428 1476 3158 2534 1554 323C 2192 1320 2889 2316 1398 3057 2429 1477 3159 2535 1555 3237 2193 1321 2890 2321 1400 3082 2430 1478 3160 2536 l.OSO 323S 2194 1322 2891 2322 1401 3083 3431 1479 3161 2537 1557 323(' 2195 1323 2892 2323 1402 3084 2432 1480 3162 2538 1558 324C 2201 1324 2897 2324 1403 3085 2433 1481 3163 2539 1559 3241 2202 1325 2899 2325 1404 3088 2434 1482 3164 1 2541 1560 3242

1023
PARALLEL REFERENCE TABLES

1. The Giva Cod^ {Title 3)—Continued

Cali- Cali- Cali- Cali- Title 3 47 Stat, ch. 128

fornia Civil Code

Title 3 47 Stat, ch. 128

fornia Civil Code

Title 3 47 Stat. Ch. 128 fornia Civil Code

Title 3 47 Stat. ch.l28

fornia Civil Code

2542 1561 3243 2634 1603 3290 2723 1647 3408 2805 1689 3484

2543 1562 3244 2641 1604 3294 2731 1648 3412 2811 1690 3490

2544 1563 3245 2651 1605 3300 2732 1649 3413 2812 1691 3491 2545 1564 3246 2652 1606 3301 2733 1650 3414 2813 1692 3492

2546 1565 3247 2653 1607 3302 2734 1651 3415 2814 1693 3493 2547 1566 3248 2654 1609 3315 2741 1652 3420 2815 1694 3494

2548 1567 3249 2656 1610 3316 2742 1653 3421 2821 1696 3601 2549 1568 3250 2656 1611 3317 2751 1664 3429 2831 1697 3609

2550 1569 3261 2657 1612 3318 2752 1655 3430 2832 1698 3510

2561 1570 3252 2658 1613 3319 2753 1656 3431 2833 1699 3511 2562 1571 3263 2659 1614 3320 2764 1657 3432 2834 1700 3512

2563 1572 3254 2661 1615 3333 2756 1668 3433 2835 1701 3513

2564 1573 3255 2662 1616 3336 2761 1659 3439 2836 1702 3514 2565 1574 3256 2663 1617 3337 2762 1660 3440 2837 1703 3515

256^5 1575 3257 2664 1618 3338 2763 1661 3441 2838 1704 3516

2507 1676 3258 2665 1619 3339 2771 1662 3449 2839 1705 3617

2571 1577 3259 2666 1620 3340 2772 1633 3449 2840 1706 3518 2572 1678 3260 2671 1622 3366 2773 1664 3449 2841 1707 3519

2573 1579 3261 2672 1623 3356 2774 1665 3449 2842 1708 3520

2574 1580 3262 2673 1624 3357 2776 1666 3449 2843 1709 3521 2575 1581 3263 2674 1625 3358 2776 1667 3450 2844 1710 3522

2576 1582 3264 2675 1626 3359 2777 1668 3451 2845 1711 3523

2581 1583 3265 2676 1627 3360 2778 1669 3452 2846 1712 3524 2582 1584 3265a 2681 1628 3366 2779 1670 3457 2847 1713 3525

2583 1585 3265b 2682 1629 3367 2780 1671 3458 2848 1714 3626

2584 1586 3265c 2683 1630 3368 2781 1672 3459 2849 1715 3527 2585 1587 3265cl 2684 1631 3369 2782 1673 3460 2850 1716 3628

2586 1588 3265e 2691 1632 3379 2783 1674 3461 2851 1717 3629

2591 1589 3266 2692 1633 3380 2784 1675 3462 2852 1718 3530

2592 1590 3266a 2701 1634 3384 2785 1676 3463 2853 1719 3631 2593 1591 3266b 2702 1635 3386 2786 1677 3465 2854 1720 3532

2594 1592 3266c 2703 1636 3388 2787 1678 3467 2855 1721 3533

2595 1593 3266d 2704 1637 3389 2788 1679 3468 2856 1722 3534

2601 1594 3268 2705 1638 3390 2789 1680 3469 2867 1723 3535

2611 1595 3274 2706 1C39 3391 2790 1681 3470 2858 1724 3536 2612 1596 3275 2707 1640 3392 2791 1682 3471 2859 1725 3537

2621 1597 3281 2711 1641 3399 2792 1683 3472 2860 1726 3538

2622 1598 3282 2712 1642 3400 2793 1684 3473 2861 1727 3539

2623 1599 3283 2713 1643 3401 2801 1685 3479 2862 1728 3540

2631 1600 3287 2714 1644 3402 2802 1686 3480 2863 1729 3641

2632 1601 3288 2721 1045 3406 2803 1687 3481 2864 1730 3542

2633 1602 3289 2722 1646 3407 2804 1688 3482 2865 1731 3543

2. THE CODE OF CIVIL PROCEDURE (TITLE 4) This table shows where the sections of title 4, the Code of Civil Procedure, are

to be found in act of February 27, 1933 (ch. 127, 47 Stat. 90S), and in the Code of

Civil Procedure of California.

Cali- Cali- Cali- Cali- Title 4 47 Stat,

ch. 127

1

fornia Civil Proce- dure

Title 4

47 Stat. ch. 127

fornia Civil Proce- dure

Title 4 47 Stat,

ch. 127

fornia Civil Proce- dure

Title 4 47 Stat. ch. 127

fornia Civil Proce- dure

1 1 17 17 30 35 33 187 55 49 291

2 2 2 18 18 32 36 34 273 56 60 292

3 3 3 21 19 124 41 35 57 51 293

4 4 4 22 20 125 42 36 68 52 294

5 6 23 21 128 43 37 59 53 295

6 6 12 24 22 147 44 38 60 54 296

7 7 16 25 23 153 45 39 61 55 297

8 8 17 26 24 46 40 62 56 293

9 9 21 27 25 166 47 41 282 63 57 299

10 10 22 28 26 170 48 42 283 64 68 300

11 11 23 29 27 172 49 43 284 65 59

12 12 25 30 28 176 50 44 285 71 00 307

13 13 28 31 29 177 51 45 2S6 72 61 308

14 14 27 32 30 178 52 46 287 73 62 309

15 15 28 33 31 179 53 47 289 81 63 312

16 16 29 34 32 185 54 48 290 82 64 335

1024
PARALLEL REFERENCE TABLES

2. The Code of Civil Procedure {Title 4) —Continued

' Cali- Cali- Cali- Cali- Title 4

47 Stat. Ch. 127

fornia Civil Proce- dure

Title 4 47 Stat, ch. 127

fornia Civil Proce- dure

Title 4 47 Stat. ch. 127

fornia Civil Proce- dure

Title 4 47 Stat,

ch. 127

fornia Civil Proco- dure

83 65 336 222 141 437a 344 217 528 469 293 6J0 84 66 337 223 142 438 345 218 529 470 294 616

85 67 338 224 143 439 346 219 532 471 295 617

86 G8 339 225 144 440 351 220 537 472 296 618

87 69 340 226 145 441 352 221 538 473 297 619 88 70 343 227 146 442 353 222 539 481 298 624 89 71 344 228 147 354 223 540 482 299 625 90 72 348 231 148 """'443" 355 224 541 483 300 626

101 73 350 232 149 444 356 225 542 484 301 627

102 74 351 241 150 446 357 226 542a 485 302 628

103 75 352 242 151 447 358 227 543 480 303 629

104 76 353 243 152 448 359 228 544 501 304 632

105 77 354 244 153 449 360 229 545 502 305 633

106 7S 355 251 154 452 361 230 546 503 306 634

107 79 356 252 155 453 362 231 547 504 307 636

108 80 357 253 156 454 363 232 548 511 308 63S

109 81 358 254 157 455 364 233 549 512 309 639

110 82 360 255 158 456 365 234 550 513 310 641

111 83 361 256 159 457 366 235 551 514 311 642

112 84 362 257 160 458 367 236 552 515 312 643

113 85 363 258 161 460 368 237 553 516 313 644

121 86 259 162 461 369 238 554 517 314 645 122 87

""""367' 260 163 462 370 239 555 521 315 646

123 88 368 261 164 463 371 240 556 522 316 647

124 89 369 262 165 464 372 241 557 523 317 648

125 90 370 263 166 465 373 242 558 524 318 649

126 91 371 271 167 469 374 243 559 525 319 650

127 92 372 272 168 470 375 244 560 526 320 651 128 93 373 273 169 471 376 245 561 527 321 652

129 94 374 274 170 472 381 246 564 528 322 653

130 95 375 275 171 473 382 247 565 531 323 656

131 96 276 172 474 383 248 566 532 324 657

132 97 """378" 277 173 475 384 249 567 533 325 658

133 98 379 278 174 476 385 250 568 534 326 659

134 99 379a 291 175 478 385 251 569 535 327 660

135 100 379b 292 176 479 387 252 570 536 328 603

136 101 379c 293 177 481 391 253 572 537 329 663a

137 102 380 294 178 482 392 254 574 541 330 664

138 103 382 295 179 483 393 255 542 331 665

139 104 383 296 180 484 394 256 543 332 666

. 140 105 384 297 181 485 395 257 544 333 667

141 106 385 298 182 486 396 258 545 334 142 107 386 299 183 487 397 259 546 335

'""'6(!9' 143 108 387 300 184 488 398 260 547 336 070

144 109 388 301 185 489 411 261 ""'577'

548 337

145 110 389 302 186 490 412 262 578 549 338 ""673"

151 111 303 187 491 413 263 579 550 339 675

152 112 304 188 492 414 264 580 561 340 676

153 113 305 189 493 415 265 581 562 341 677

161 114 """465' 306 190 494 416 266 581a 563 342 677^^

162 115 406 307 191 495 417 267 582 564 343 678

163 116 407 308 192 496 418 268 583 565 344 6781-^ 164 117 408 309 193 497 421 269 585 566 345 679

165 118 410 310 194 498 431 270 588 567 346 67912

166 119 411 311 195 499 432 271 589 568 347 680

167 120 414 312 198 500 433 272 590 569 348 680 ^i 168 121 412 313 197 501 434 273 591 581 349 681

169 122 314 198 502 435 274 582 350 681a

170 123 "'""415" 315 199 503 436 275

'""'593" 583 351 682

171 124 416 316 200 504 437 276 594 584 352 083

181 125 321 201 609 438 277 595 585 353 684

182 126 322 202 510 439 278 596 580 354 685

183 127 323 203 511 441 279 587 355 686

191 128 '""'420" 324 204 512 442 2S0 588 356 688

192 129 421 325 205 513 451 281 '""eoi" 589 357 689

193 130 422 326 206 514 452 282 602 590 358 090

201 131 425 327 207 515 453 283 603 591 359 091 202 132 426 328 208 516 454 284 604 592 360 692

203 133 426a 329 209 517 461 285 607 593 361 693

204 134 427 330 210 518 462 286 608 594 362 694

211 135 430 331 211 519 463 287 609 595 363 C95

212 136 431 332 212 620 464 288 610 596 364 696

213 137 432 333 213 521 465 289 611 597 365 697

214 138 433 341 214 525 466 290 612 598 366 698

215 139 434 342 215 526 467 291 613 599 367 699

221 140 437 343 216 527 468 292 614 600 368 700 1025
PARALLEL REFERENCE TABLES

2. The Code of Civil Procedure {Title ^) —Continued

47 Stat. ch. 127

Cali- fornia Civil Proce- dure

369

370

371 372

373

374

375

376

377

378

379 380

381 382

383

384

385 386

387

388 389 390

391 392

393

394 395 396

397

398 399

400

401 402

403 404 405

406

407 408

409

410

411 412

413 414 415

416

417 418 419

420

421 422

423

424

425 426

427

428

429 430

431 432

433

434 435 436

437 438

439 440

441 442

443

444 445

700a

701 702

703

704

705 706

707 708

709 710

711 711H

712 712H

713 713H

714 715

716

717

718

719 720

721 726

727 728

729

731 732

738

739

740

741 742

743

744

745

746

747 832

833

836 839

840

841 842

843

844 845

846 847

848

849 850

851 852

853

854 855

856

857 857a

858

850 860

861 862

863

884 865

866

867

Title 4

751

761 762

771 772

773

774 775

781 782

783

784 785

786

787

791 792

793

794 795 796

797 798

799 800

811 812

813

814 815

816

821

831 832

833

834

841 842

843

844 845 846

847

861 871

881 882

883 884

885

886

887

891

901 902

903

904 905

906

911

921

931 932

933

034

941 942

943

944 945

046

047

051 052

47 Stat. ch. 127

446

447

448

449 450

451 452

453

454 455 456

457 458

459 460

461 462

463

464 465 466

467 468

469

470

471 472

473

474 475 476

477 478

479 480

451 482

483

484 485 486

487

488

489 490

491 492

493 494

495

496 497

498

499

500

501 502

503

504 505 506

507

508 509

510

511 512

513

514 515

616

617 618

619 620

621 522

Cali- fornia Civil Proce- dure

870

871 872

873

874 875

876 877

878

879 880

881 884 886

887

889 890 890a

892

893

894 895 896

897 900a

901 901a

902

903 904 I 905

911 912

913

914

919 920

921 922

923 926

925

937

974 975

976

977 978

978a

979 980

981 981a

982

989 990

991 992

993

994

997 1000

1003

1004 1005

1007

1010

1011 1012

1013

1014 1015 1016

1046

1046

Title 4

053

054

955 956

957

958

959 960

961 962

963

964 965

966

967

968

969

971 972

973

981 982

983

984 985

990

991

1001 1002

1003

1004

1005

1006 1007

1008 1009

1021 1022

1023

1024 1025 1026

1031 1032

1033

1034 1035

1036

1037

1038

1039 1040

1041

1051 1052

1053

1054 1055

1056

1057

1058

1059

1060

1061

1071 1072

1073 1074

1081

1001

1101 1102

47 Stat,

ch. 127

523

524 525

526

527

528

529

530

531 532

533

534 535

536

536a

537 538

539 540

541 542

543

544 545

546

547

548

549 550

551 552

653

554 555

556

557

558 559 560

561 562

663

564 565

566

567

569 570

571 672

573 574

575

576 577

578

579 580

581 682

683

684 585

586

687

588

589

590

691 692

693

694 696

606

607 508

California Civil Proce- dure

1047

1048

1049 1050

1051

1053

1054 1055

1056

1057 1057a

1058

1059 1060

1061 1062

1028

1029

1067

1068

1069 1070

1071 1072

1073

1074

1075

1076

1077

iaS4 1085

1086

1087 1088

1089

1091 1094 1095

1096

1097 1102

1103

1104 1105

1108 1109

1132

1133

Title 4

1103 1104

1111 1112

1113

1121 1122

1123

1124

1125

1126

1127

1128 1129

1130

1131 1132

1141 1142

1143

1144 1145

1146 1147

1148

1149 1150

1151 1152

1153

1154 1155

1156

1157

1158

1161 1162

1163

1164

1165 1166

1167

1168

1169 1170

1171 1172

1173

1174

1181 1182

1183

1184

1185

1191 1192

1193

1201 1202

1211 1212

1213

1214 1216

1216

1217 1218

1219 1220

1221 1222

1223

1224

1231 1232

1233

47 Stat, ch. 127

609

600

601 602

603

604

605

606

607 608 1147 609 1148 610 1149

611 1150 612 1151 613 1152 614 1153 615 1164 616 1159

617 1160 618 1161 619 1162 620 1164

621 1165 622 1166

623 1167 624 1168 625 1169 626 1170

627 1172 628 1173 629 1174 630 1176

631 1177 632 1178 633 1179

634 635

636

637 638 1212 639 1213 640 1214

641 1215 642 1216

643 1217

644 645 1219 646 1220

647 1221 648

649 650

651 652

663 1275 654 1276 655 1277 656 1294 657 1295 658 1298 659 1299 6G0 1300

661 1301 662 1302 663 1303 664 1304 666 1305 666 1306 667 1307 668 1308 660 1308a 670 1309

671 1310 672 1312

673 1313 674 1314

1026
PARALLEL REFERENCE TABLES

2. The Code of Civil Procedure {Title //)—Continued

Cali- Cali- Cali- Cali- Title 4 47 Stat

Ch. 127

fornia Civil ProceTitle 4 47 Stat

ch. 127

fornia Civil ProceTitle 4 47 Stat

ch. 127

fornia Civil ProceTitle 4 47 Stat

ch. 127

fornia Civil Proce- dure dure dure dure

1234 675 1315 1382 751 1412 1510 827 1577a 1636 904 1681 1235 676 1316 1383 752 1413 1521 828 1581 1R37 905 1082

1236 677 1317 1384 753 1414 1522 829 1582 1638 906 1683

1237 678 1318 1385 754 1415 1523 830 1583 1639 907 1684

1241 679 1322 1386 755 1416 1524 831 1584 1640 908 1685 1242 680 1323 1387 756 1417 1525 832 1585 1641 909 1686 1243 681 1324 1388 757 1418 1526 833 1586 1651 910 170;5J 1251 682 1327 1391 758 1423 1527 834 1587 1661 911 1691 1252 683 1328 1392 759 1424 1528 835 1588 1602 912 1692

1253 684 1329 1393 760 1425 1529 836 1589 1663 913 1693

1254 685 1330 1394 761 1426 1530 837 1590 1664 914 1694

1255 686 1331 1395 762 1427 1531 838 1591 1665 915 1695 1256 687 1332 1396 763 1428 1532 839 1660 916 1696

1257 688 1333 1397 764 1429 1533 840 '"1592" 1667 917 1697

1261 689 1338 1401 765 1430 1541 841 1597 1668 918 1698 1262 690 1339 1411 766 1436 1542 842 1598 1671 919 1699

1263 691 1340 1412 767 1437 1543 843 1599 1672 920 1700

1264 692 1341 1413 768 1438 1544 844 1600 1673 921 1702

1271 693 1344 1414 769 1439 1545 845 1601 1674 922 1703 1272 694 1345 1415 770 1440 1546 846 1602 1681 923 1704

1273 695 1346 1431 771 1443 1547 847 1603 1682 924 1705

1281 696 1348 1432 772 1444 1548 848 1604 1683 925 1707 1282 697 1349 1433 773 1445 1549 849 1605 1684 920 1708

1283 698 1350 1434 774 1446 1550 850 1606 1685 927 1709

1284 699 1350a 1435 775 1447 1551 851 1607 1686 928 1710

1285 700 1351 1436 776 1448 1561 852 1612 1687 929 1711 1286 701 1352 1437 777 1449 1562 853 1613 1688 930 1713 1287 702 1353 1438 778 1450 1563 854 1614 1689 931 1714 1288 703 1354 1439 779 1451 1564 855 1615 1690 932 1716 1289 704 1355 1440 780 1452 1565 856 1616 1691 933 1717 1290 705 1356 1441 781 1453 1566 857 1617 1692 934 1720

1301 706 1360 1451 782 14.58 1567 858 1618 1693 935 1721 1302 707 1361 1452 783 1459 1568 859 1619 1694 936 1722

1303 708 1362 1453 784 1460 1571 860 1622 1695 937 1724

1311 709 1365 1454 785 1461 1572 861 1626 1701 938

1312 710 1366 1461 786 1464 1573 862 1627 1702 939 '"1726'

1313 711 1367 1462 787 1465 1574 863 1628 1703 940

1314 712 1368 1463 788 1465a 1575 864 1629 1704 941 ""i726a

1315 713 1369 1464 789 1466 1576 865 1630 1705 942

1316 714 1370 1465 790 1467 1577 866 1631 1700 943

1321 715 1371 1466 791 1468 1578 867 1632 1707 944 "'1727'

1322 716 1372 1467 792 1469 1579 868 1633 1708 945 1728

1323 717 1373 1468 793 1470 1580 869 1634 1709 946 1729 1324 718 1374 1471 794 1490 1581 870 1635 1710 947 1730 1325 719 1375 1472 795 1491 1582 871 1636 1711 948 1731 1326 720 1376 1473 796 1491a 1583 872 1637 1712 949 1732

1327 721 1377 1474 797 1492 1584 873 1638 1713 950 1735 1328 722 1378 1475 798 1493 1585 874 1639 1714 951 1738

1329 723 1379 1476 799 1494 1591 875 1643 1715 952

1330 724 1380 1477 800 1496 1592 876 1644 1716 953 ""1742'

1331 725 1381 1478 801 1497 1593 877 1645 1717 954 1743

1341 726 1383 1479 802 1498 1594 878 1646 1721 955 1747 1342 727 1384 1480 803 1499 1595 879 1647 1722 956 1748 1343 728 1385 1481 804 1500 1596 880 1648 1723 957 1749 1344 729 1386 1482 805 1501 1597 881 1649 1724 958 1750

1351 730 1387 1483 806 1502 1598 882 1650 1725 959 1751 1352 731 732

733

734

735

736 737

738

739 740

741 742

1388

1484 807 1503 1599 883 1651 1726 960 1753 1353 1390

1485 808 1504 1600 884 1652 1727 961 1754

1354 1391 1392

1393

1394

1395

1396

1397

1398

1399 1400

1486 809 1505 1601 885 1653 1728 962 1755

1355

1487 810 1507 1611 886 1658 1729 963 1756 1356 1488 811 1508 1612 887 1659 1730 964 1757

1357

1489 812 1509 1613 888 1660 1731 965 1758 1358

1490 813 1510 1614 889 1661 1732 966 1759 1359

1491 814 1511 1615 890 1662 1733 967 1760 1360

1492 815 1512 1616 891 1603 1734 968 1761

1361 1493 816 1513 1621 892 1604 1741 969 1763

1362

1494 817 1514 1622 893 1665 1742 970 1764

1363

1501 818 1516 1623 894 1666 1743 971 1764a

1364 1365

1366

1367 1368

1369

1370

1381

1502 819 1517 1624 895 1667 1744 972 1765 743 1401 1503 820 1522 1625 896 1668 1745 973 1766 744 1402 1504 821 1523 1626 897 1670 1746 974 1767 745 1403 1505 822 1524 1627 898 1671 1747 975 - 748 1404 (/ 1506 823 1525 1631 899 1675 1751 976 747 1405 1507 824 1526 1632 900 1676 1752 977

748

749

1406 II }1?I II 1508 825 /1528

11578

1633 1634

901 902

1678

1679

1753

17.54 978 _ 979

750 1411 II 1509 828 1536 ! 16:^5 903 16S0 ll 1755 980 L 1027
PARALLEL REFERENCE TABLES

2. The Code of Civil Procedure {Title 4) —Continued

Cali- Cali- Cali- 1 CaliTitle 4

^ 7 Stat,

ch. 127

fornia Civil ProceTitle 4

^'^^i^^-

^ "'® ^ ch. 127

fornia Civil ProceTitle 4

^ 7 Stat.

ch. 127

fornia Civil Proce- Titlp4 47 Stat. ^"'^^ ch. 127

fornia Civil Proce- dure dure dure dure

1756 981 . 1862 1044 1845 1949 1110 1923 2075 1176 2013

1757 982 . 1863 1045 1846 1950 nil 1924 2076 1177 2014

1758 983 . 1864 1046 1847 1951 1112 1926 2077 1178 2015

1759 984 . 1865 1047 1848 1952 1113 1928 2081 1179 2019

1760 985 . 1866 1018 1849 1961 1114 1929 2082 1180 2020

1761 986 1867 1049 1850 1962 1115 1930 2083 1181 2021

1762 986i 186S 1050 1851 19G3 1116 1931 2084 1182 2022

1763 1869 1870

1051 1052

1852

1853

1964

1965

1117

1118 1932

1933 2085

2091 1183

1184 2023

1771 ""'987" '"1768" 2024

1772 988 1769 1871 1053 1854 1966 1119 1934 2092 1185 2025

1773 989 1770 1872 1054 1855 1967 1120 1935 2093 1186 2025 H

1774 990 1771a 1873 1055 1855a 1968 1121 1936 2094 1187 2026

1775 991 1771 1874 1056 1856 1969 1122 1937 2095 1188 2027

1776 992 1772 1875 1057 1857 1970 1123 1938 2096 1189 2028

1777 993 1773 1876 1058 1858 1971 1124 1939 2097 1190 2029

1778 994 1774 1877 1059 1859 1972 1125 1940 2101 1191 2031 1779 995 1775 1878 1060 1860 1973 1125 1941 2102 1192 2032

1780 996 1776 1879 1061 1861 1974 1127 1942 2103 1193 2035

1791 997 1777 1880 1062 1862 1975 1128 1943 2104 1194 2036

1792 998 1779 1881 1063 1863 1976 1129 1944 2105 1195 2036a

1793 999 1780 1882 1064 1864 1977 1130 1945 2106 1196 2037

1794 1000 1789 1883 1065 1865 1978 1131 1946 2107 1197 2038

1795 1001 1789a 1884 1066 1866 1979 1132 1947 2111 1198 2042 1796 1002 1792 1885 1067 1867 1980 1133 1948 2112 1199 2043

1801 1003 1793 1886 1068 1868 1981 1134 1950 2113 1200 2044

1802 1004 1794 1887 1069 1869 19S2 1135 1951 2114 1201 2045

1803 1005 1795 1888 1070 1870 1991 1136 1954 2115 1202 2046

1804 1006 1796 1891 1071 1875 2001 1137 1957 2116 1203 2047

1805 1007 1797 1901 1072 1878 2002 1138 1958 2117 1204 2048

1806 1008 1798 1902 1073 1879 2003 1139 1959 2118 1205 2049

1807 1009 1799 1903 1074 1880 2004 1140 1960 2119 1206 2050

1811 1010 1800 1904 1075 1881 2005 1141 1961 2120 1207 2051 1812 1011 1801 1905 1076 1883 2006 1142 1962 2121 1208 2052

1813 1012 1802 1906 1077 1884 2007 1143 1963 2122 1209 2053

1814 1013 1803 1911 1078 1887 2011 1144 1967 2123 1210 2054

1815 1014 1804 1912 1079 1888 2012 1145 1968 2124 1211 2055

1816 1015 1805 1913 1080 1889 2013 1146 1969 2131 1212 2061 1817 1016 1806 1921 1082 1893 2014 1147 1970 2141 1213 2064

1818 1017 1807 1922 1083 1894 2015 1148 1971 2142 1214 2065

1819 1018 1808 1923 1084 1896 2016 1149 1972 2143 1215 2066

1820 1019 1809 1924 1085 1898 2017 1150 1973 2144 1216 2067

1821 1020 1810 1925 1086 1899 2018 1151 1974 2145 1217 2068

1822 1021 1810a 1926 1087 1900 2021 1152 1978 2146 1218 2069

1823 1022 1810b 1927 1088 1901 2031 1153 1981 2147 1219 2070

1824 1023 1810e 1928 1089 1902 2032 1154 1982 2151 1220 2074

1831 1024 1822 1929 1090 1903 2041 1155 1985 2152 1221 2075

1832 1025 1822a 1930 1091 1904 2042 1156 1986 2153 1222 2076

1833 1026 1822b 1931 1092 1905 2013 1157 1987 2154 1223 2078

1841 1027 1823 1932 1093 1906 2044 1158 1988 2155 1224 1842 1028 1824 1933 1094 1907 2045 1159 1990 2161 1225 """2083"

1843 1029 1825 1934 1095 1908 2046 1160 1991 2162 1226 2084

1844 1030 1826 1935 1096 1909 2047 1101 1992 2163 1227 2085

1845 1031 1827 1936 1097 1910 2048 1162 1993 2164 1228 2086

1846 1032 1828 1937 1098 1911 2049 1163 1994 2165 1229 2087

1847 1033 1829 1938 1099 1912 2050 1164 1995 2166 1230 2088

1848 1034 1830 1939 1100 1913 2051 1165 1996 2167 1231 2089

1849 1035 1831 1940 1101 1914 2061 1167 2002 2171 1232 2093

1850 1036 1832 1941 1102 1915 2062 1168 2003 2172 1233 2094

1851 1037 1833 1942 1103 1916 2063 1169 2004 2173 1234 2095

1852 1038 1834 1943 1104 1917 2064 1170 2005 2174 1235 2096

1853 1039 1836 1944 1105 1918 2065 1171 2006 2175 1236 2097

1854 1040 1837 1945 1106 1919 2071 1172 2009 2181 1237 2101 1855 1041 1838 1946 1107 1920 2072 1173 2010 2182 1238 2102

1856 1042 1839 1947 1108 1921 2073 1174 2011 2183 1239 2103

1861 1043 1844 1948 1109 1922 2074 1175 2012

1028
PARALLEL REFERENCE TABLES

3. THE CRIMINAL CODE (TITLE 5) This table shows where the sections of title 5, the Criminal Code, are to be

found in the original Criminal Code of the Canal Zone (Act no. 14 of the Isth- mian Canal Commission, as amended), and in the Penal Code of California.

[' = Amended or added by, or derived from, act of Congress; t = amended or added by, or derived from, Executive order promulgated prior to Aug. 24, 1912; t= derived from act or ordinance of Isthmian Canal Commission other than Criminal Code (Act no. 14); #=altered by the codification, 1934J

Old Cali- Old Cali- Old Cali- Old Cali- Titles Criminal fornia Penal Title 5 Criminal fornia Penal Title 5 Criminal fornia Penal Title 5 Criminal fornia Penal Code Code Code Code Code Code Code Code

1 • 1 1 134 •103a 116 282 •162 208 443 t210J 2 *2

3

3

4 135141 •103b

104

117 118 283

291 •163184 209

211 t4443 451 "'"228" "'"'311' 4 461 7 105 292 185 212 452 •229 312

5 8 7 142 •104a 118a 293 #186 213 453 •230 313

• 461 143 109 125 294 •166 214 454 231 314

6 5 144 104 121 301 •165 217 455 232 315

7 21

"9' 145 107 123 302 •164 216 456 233 316

8 22 677 14S 106 122 303 •166 218 457 •235 318 9 19 10 147 108 124 311 •169 220 ^461 330

10 9 678 148 •110 126 312 170 221 t*462 330a

11 7 11 149 111 127 313 171 222 r463 330a

21 10

1113

• 14 •15 •16

39

36

1520

16

1718

19 654

662

161 162

163

164 165

166

167

171

112 113

114 •116

•116

117

118

134

132

133 134

135

136

137 138 170

321 322

323

324 325

326

331 332

172

173

174 175

176

177

187 •188

225

226

229 230

231 232

236

237

t*471 1472 f473

f474

t^475

t*476 f477

481

22

23

2425

26

27

28 224' 290' 29 40 657 172 119 142 341 178 240 482 225 291 30 43 660 173 121 146 342 tl79 241 483 226 296

31 17 177 174 120 145 343 180 242 484 •227 297

41 45 664 175 #125 150 344 tl81 243 501 256 378 42 •44 663 176 •124 149 345 •182 244 502 272 401 43 46 665 177 •122 147 346 183 245 503 267 394

51 31 30 178 •123 148 351 189 248 504 271 400

52 32 31 179 •137 102 352 •190 249 505 253 373

53 33 32 180 145 419 353 191 250 506 •255 375

54 18 33 181 126 153 354 •192 251 507 254 374

55 42 659 182 •133 168 355 193 252 511 •250a 367c

56 •34 27 183 •132 167 356 194 253 512 •250b 367d

57 35 26 184 •135 173 357 200 513 •250c 367e

58 *37 22 191 •142 362 358 195 ""254'

521 247 349

71 50 667 192 •143 363 359 196 255 522 249 348 72 51 666 193 •144 364 360 197 256 523 •248 368

73 52 668 201 138 106 361 •198 257 524 •250 369

74 53 644 202 139 108 362 •198 257 525 265 390

75 54 203 140 109 363 #199 258 526 266 391 76 55 204 141 110 371 377 650 531 263 386

81 56 ""182"205 •141a 109a 372 •167 346 532 264 387 82 57 184 206 •#136 101 373 •168 347 541 257 380

91 *74a 211 •131 374 •244 361 542 259 382 92 #76 67' 212 •131a 375 246 365 543 275 402a

93 #77

*79

* 83

6870

74

221 222

131b

•145a •145b

160

161

•391 •392

401

544

551 552

260

251 252

383

94 370 95 "'"#25i' 26i' 372 96 82 73 223 •145c 164 402 202 262 561 •270 399

97 *80 71 231 128 155 403 203 263 562 •270a 98 87 232 •127 154 404 •204 264 563 278

99 86 233 129 156 405 •205 265 564 273 402" 100 75 65" 234 130 157 406 206 266 565 274 402b

101 84 75 251 146 187 407 207 268 566 •276

102 81 72 252 147 188 408 208 269 567 277

103 •85 76 253 •148 189 411 216 281 571 261 ""'384'

104 78 69 254 tl49 190 •218 572 262 385

111 •43a

*94 •95

92" 93

•255 256

257

412

413 414

217

219 •220

282

284

285

•591

•592 593121 ""'156'

#151

192' 122 193

'"'"280" """§02'

123 •96 94 258 152 194 415 223 286 594 281 404

124 97 94 259 154 195 416 •223a 288 595 •282 405

125 97 94 260 155 196 421 211 274 596 283 406

126 *9S 95 261 156 197 422 •212 275 597 284 407

127 •99 96 262 157 198 423 213 317 598 •285 408

128 100 97 263 158 199 431 214 599 •286 409

131 #101 113 271 159 203 215 600 287 410

132 •102 114 272 160 204 441 t209 601 291 416

133 103 115 281 #161 207 442 210 ""272"

C02 290 415 1029
PARALLEL REFERENCE TABLES

3. The Crimbml Code {Title 5) —Continued

[• = Amended or added by, or derived from, act of Congress; t = amended or added by, or derived from, Executive order promulgated prior to Aug. 24, 1912; t= derived from act or ordinance of Isthmian Canal Commission other than Criminal Code (Act no. 14); #=altered by the codification, 1934]

Old Cali- Old Cali- Old Cali- Old Cali- Titles Criminal fornia Penal Title 5 Criminal fornia Penal Title 5 Criminal fornia Penal Title 5 Criminal fornia Penal Code Code Code Code Code Code Code Code

603 t*#293a 691 379 529 751 409 572 808 439 618

604 292 417 692 378 528 752 396 557 809 422 596 605 293 418 693 380 530 753 #397 558 810 t423 597

606 *288 412 694 381 531 754 398 559 tsii 607 *289 413 695 382 532 755 399 560 821

t*608 696 697

698

•383 •389a

384

533

538

534

756

757

758

400

•401 402

562

563 564

822

823

824

417 #315 420a607

1609 600

621 •297 426 588a

622 •294 424 699 385 535 759 403 565 825 418 590

623 •295 700 •386 536 760 404 566 826 416 587

624 296 425 701 387 537 761 405 568 t827 625 •298 427 702 388 538 762 406 569 t#828

626 303 431 703 268 395 763 407 570 1829 627 304 432 704 •243 764 408 571 t#830

641 •306 447 705 •390 548 771 340 484 831 419 591 642 307-310 448-451 706 389 538a 772 341 486 832 429 605

643 312 453 711 391 552 773 f342 487 833 436 615

313 712 392 553 t344 489 834 440 622

644 #314 455 713 393 554 774 •343 488 835 441 624

651 652

316 317

714 394 555 490 t#836 460 715 395 555 775 347 492 837 420 592

653 319 463 716 •258 381 776 348 493 838 •431 607

654 #318 461 721 321 470 777 349 494 839 #432 610

655 320 466 722 322 471 778 350 495 840 433 611

661 358 503 723 323 472 779 356 502i 841 430 606 662 •359 504 724 •324 473 780 346 485 842 437 616

663 664

665

666

361 506 725 •325 474 781 •355 500 t#843 360 505 726 •326 475 782 353 498 t844 362 507 727 •327 476 499a t845 363 508 728 *327a 476a 783

f 3541

1 357/

t846 667 364 510 729 328 477 851 442 638

•368 730 •329 478 784 •354a 499b 852 443 639

668 365 511 731 •330 479 785 *354b 499c 853 •444 640

669 •366 512 732 332 786 351 496 854 •445 641 670 •3G7 513 733 333 t#787 855 446 619

671 •368 514 734 334 788 •352 497 856 447 620

681 369 518 735 335 789 #242 357 857 448 621 682 370 519 736 •336 801 421 594 •871 683 371 372

373 374

375

520

521 522

623

524

737

738

739 740

741

331

337 338

•339 *339a

480

482

802

803

804 805 806

•426 #315

427

428 425

602

600 602h 602h

601

•872

•873

•874

•875 876

684

685

686

687

688 376 525 742 •245 807 •438 617 •877

1030
PARALLEL REFERENCE TABLES

4. THE CODE OF CRIMINAL PROCEDURE (TITLE 6) This table shows where the sections of title 6, the Code of Criminal Procedure,

are to be found in the original Code of Criminal Procedure (Act No. 15 of the Isthmian Canal Commission, as amended), and in the Penal Code of California.

|' = Amended or added by, or derived from, Act of Congress; t=»amended by Executive order; t=derived from section of original Criminal Coda sliown in parentheses; # = derived from act Isthmian Canal Commission other than Code of Criminal Procedure (Act No. 15); V=Code of Civil Procedure of California]

Title 6

Old

Criminal Proce- dure

California Penal Code

Titles

Old

Criminal Proce- dure

Cali- fornia Penal Code

Title 6

Old

Criminal Proce- dure

Cali- fornia Penal Code

1 1 114 53 230 136 989

•2 ........ 115 •14 231 137 990

3 777 121 49 "'""i433 232 137 990

4 4 683 122 •23 144 1002

5 5 684 123 43 145 1003

G 58 124 •24 241 •138 995

7 10 685 125 •24 242 139 996

8 6 687 126 •25 243 •140 997

t9 (39) 654 127 •50 244 141 998

10 7 688 •131 245 142 999

11 7 688 132 ""•44"251 143 12 *40 825 133 •44 252 146 ""1664'

13 *8 777 134 •97 253 147 1005

14 •11 686 135 •97 254 148 1006

15 *2 689 141 •41 255 149 1007

16 *3a 142 •33 256 •150 1008

17 101 143 34 877 257 •150 1008

t31 (47) 693 144 35 878 258 151 1009

t32 (48) 694 145 36 879 259 153 1011

t33 (•49) 146 37 881 260 154 1012

141 (-58) 701 147 38 882 271 155 1016

t42 (•59) 702 148 •59 272 156 1017

t43 (•60) 703 149 •59 273 157 1018

144 (61) 704 150 •60 274 158 1019

145 (62) 705 161 61 948 275 159 1020

146 (63) 706 162 374 1404 276 160 1021 147 (64) 707 171 •62, 63 277 161 1022

148 (65) 708 172 •3 278 162 1023

149 (66) 709 173 •92 279 163 1024 150 (67) 710 174 •94 280 •163a 1025

151 (68) 711 175 •64 291 164 1033

152 (69) 712 176 •93 292 165 1034

153 (70) 714 177 96 293 166, 1035

161 (71) 799 181 3,66 167

162 (72) 800 182 •67 951 294 •169a 1036

163 (73) 801 183 •70 952 295 168 1037

164 (74) 802 184 76 296 167

71 •12 185 72 297 169 "'1038'

72 •18 sii 186 72 298 169 1038

73 •19 812 187 •77 959 301 •J70 1041 74 •20 813 188 75 957 302 »171 1042

75 21 814 189 78 960 303 •209b 1046

76 •21a 815 190 71 953 304 172 1043

81 107 834 191 73 955 311 173 1047 82 108 835 192 74 956 312 174 1048 83 109 836 193 79 961 321 •176 1049 84 •21 b 817 194 81 963 322 176 1052

85 110 837 195 •86a 969 331 •176a 1055 86 111 838 196 80 962 332 •17fib 1056 87 57 197 87 970 333 •176c 1057 88 112 839 201 82 964 334 *176d 1058 89 •114a 202 83 965 335 •176e 1059 90 •113 840 203 84 966 336 •176f 1060

91 114 841 204 85 967 337 •176g 1061 92 115 842 205 86 968 338 •176h 1062

93 •116 843 211 88 971 339 1761 1063 94 117 844 212 89 972 340 •176j 1064 95 118 845 221 124, 976 341 •176k 1065 96 •119 846 •125 342 •1761 1066 97 •26 847 222 •125 977 343 *176m 1067

98 27 848 223 128 978 344 •176n 1068

99 28 849 224 127 979 345 •1760 1059

100 122 854 225 128 980 346 •17600 1070

101 123 855 228 •129 981 347 •176p 1071

111 •52 V(128) 227 131 348 •176q 1072

112 17 V (124) 228 •134 987 349 •176r 1073

113 51 229 135 988 •176U

350

351 352

353

354 355

356

357

361 362

363

364

365

366 367

368

369 370

371 372

373

1374 1375 376

377 378

379

380

381 382

1383 384 385

1386 387

388

389 390

391 392

401 402

403

404

405 406

407

408

409 410

411 412

413 414

415 416

417

418

419 420

431 432

433

434

•176?

•176t •176u

•176v •176w

•176x •176y

•1767. •177

177

179 180

181 182

183

184 184a

185 186

187

188

(12)

(25) 193

191 189 195

192

196

194

(153) 190 •184b

(38) 197

*199

178 200

201 *209b

*202a

•209a 202 •202b

204

•202c •202d

*202e

•202f 2022

205

•206 207

•208 •202h

•202i

•202] •202k

209

•210 •210

•210

•212

California Penal Code

1074

1075

1076

1077 1078

1081 1082

1083

1093 867

1096 1097

1098

1099

1100

1101 1102

(>'2045) (l'2049) (/2051) (/2052)

218

1108

1106

1104

1110

1107

1131 1109

1105 n03a

14 nil

998'

1113

1119 1095

1129

1147

1148 1150

1151 1152

1153

1154

1155

1156 1157

1158

1159 1160

1161 1162

1163

1164

1165

(|/646) (1/646)

(^647) 1031
PARALLEL REFERENCE TABLES

4. The Code of Criminal Procedure (Title 6) —Continued

'=Amended or added by, or derived from, Act of Congress; t=amended by Executive order; t = derived from section of original Criminal Code shown in parentheses; # = derived from act Isthmian Canal Commission other than Code of Criminal Procedure (Act No. 15); V=Code of Civil Procedure ol California]

Title 6

Old

Criminal Proce- dure

CaUfornia Penal Code

Title 6

Old

Criminal Proce- dure

California Penal Code

Title 6

Old

Criminal Proce- dure

Cali- fornia Penal Code

Title 6

Old

Criminal Proce- dure

California Penal Code

441 *215 548 •30 704 342 1352 780 433 1382 442 *215a 549 31 705 343 1353 791 •362 1383 443 *214 (V650) 550 •32 706 344 1354 792 363 1383

451 216 1179 561 •22 707 345 1355 793 365 1385 452 218 1181 562 •22 708 346 1356 794 364 1384 453 •219 563 •22 709 347 1357 795 366 1387 454 *219 564 •291a 710 348 1358 801 359 1377 455 *219 571 292 1277 711 349 1359 802 360 1378 456 217 1180 572 •293 1278 712 350 1360 803 360 1378

461 220 1185 573 •294 1279 713 351 1361 804 361 1379 462 221 1186 574 295 1280 714 352 1362 811 353 1367 463 222 1187 575 296 1281 721 382 1473 812 354 1368 464 223 1188 581 •297 722 383 1474 813 355 1369

481 224 1191 582 •302 1289 723 384, 1475 814 356 1370

t482 (23) 12 591 303 1291 385 815 357 1371 t483 (24) 13 592 •304 1292 724 •413a 816 358 1372

1484 (*29) 13 601 •305 1295 725 386 1477 821 375 1407 485 225 1192 602 •305 1295 726 387 1478 822 376 1408 486 226 1193 603 306 1296 727 403 1495 823 377 1409 487 227 1194 604 •307 1297 728 388 1479 824 378 1410 488 228 1195 611 308 1300 729 413 1505 825 379 1411 489 229 1196 612 309 1301 730 389 1480 826 380 1412 490 230 1197 613 t310 1302 731 390 1481 827 381 1413 491 231, 1198 621 311 1305 732 391 1482 831 367 1390 232 622 311 1305 733 392 1483 832 368 1392 492 233 1200 623 312 1306 734 393 1484 833 369 1393 493 234 1202 624 314 735 402 1494 834 370 1394 494 235 625 •313 1307 736 394 1485 835 371 1395 495 236 631 •315 1310 737 395 1486 836 372 1396

t496 (41) 632 316 1311 738 396 1487 837 373 1397 497 237 1205 633 317 1312 739 397 1488 841 103 1047 498 239 634 318 1313 740 •399 842 105

499 •241 1207 635 319 1314 741 398 1489 843 103

J500 (*23a) 636 •320 1315 742 400 1492 851 434 1547

1501 (*23a) •242 ""1213"

637

651 321 •322

1316

1326

743

744

401 4041493 1496

•861 511 862 436 1549 512 •243 1214 652 •322 1326 745 405 1497 863 437 1550

513 •244 1215 653 •322 1326 746 406 1498 864 438 1551 514 245 1216 654 •323 1327 747 407 1499 865 439 1552

J515 (*26) 655 •90 1326 748 408 1500 866 440 1553

1516 (27) 669 656 324 1328 749 409 1501 867 441 1554 t517 (28) 670 657 •325 1329 750 410 1502 868 442 1555

1518 (28) 670 658 326 1331 751 411 1503 869 443 1556

621 246 1217 659 326 1331 752 412 1504 870 444 1557 522 247 1218 660 327 1332 761 414 1523 871 445 1558 523 249 250

251 252

253

254 255

256

257

258

259

285

286 287

288

1220

1221 1222 ""1224"

1225

1226

1227 1228 1229

1230

1268

1269 1270

1271

661

671 672

673

681 682

683

684 685

686

687

688

689

690

691

328 *328a •328b

•328c

•329 •330

•331 •331 •332

•334

•333 335

336

337

338

1333

1321 1322

1323

1335

1336

1337 1338

1339

1341 1340

1342

1343

1344

1345

762

763

764 765 766

767 768

769 770

771 772

773

774 775

776

415 416

417

418

419 420

421 422

423

424

425

426

•427 428 429

1524 1525

1526

1527 1528

1529

1530

1531 1532

1533

1534

1535 1536

1537

1538

881

•882

•883

•884 885

•886 887

•88S 889

•890 891

•892

#901 #902

J 903

524

525

526

627 528

629 530

531 532

533

541 542

543

544 (30) 676

545 •289 1272 701 339 1349 777 430 1539 004 447

546 •290 1273 k 702 340 1350 778 431 1540 905 446 1567 547 291 1274 1

703 341 1351 779 432 1542

1032
PARALLEL REFERENCE TABLES

5. UNITED STATES CODE TO CANAL ZONE CODE

This table shows the disposition of such sections of the United States Code as have been incorporated in the text of the Canal Zone Code.

U.S. Code Canal Zone U.S. Code Canal Zone U.S. Code Canal Zone Code Code Code

Title Section Title Section Title Section Title Section Title Section Title Section

6 47a 2 94, note 48 1325a 2 61

5 692b 2 92 48 1325b 2 66 48 1343 6 131 6 790 2 121 48 1325c 2 62,63 48 1343 7 7 5 791 2 122 48 1325d 2 64 48 1344 7 21,22,27,

5 793 2 123 48 1325e 2 65 28,29

15 31 2 11 48 1326 2 67 48 1344a 7 31,32

24 196 4 1763 48 1327 2 31 48 1345 7 23,25

28 225 7 61 48 1328 2 32 48 1345a 2 43 47 120 2 361 48 1329 2 33 48 1346 7 26

47 121 2 362 48 1330 6 861 48 1347 7 33, 34, 35

48 1301 2 1 48 1330a 6 881 48 1348 7 30

48 1302 2 2,3 48 1330b 6 882 48 1349 7 36

48 1303 2 303 48 1330c 6 883 48 1350 7 29 48 1304 2 301 48 1330d 6 884 48 1351 7 37, 38, 39

48 1305 2 .5, 6, 81, 82 48 1330e 6 885 48 1352 7 40,41 48 13a'>a 2 82 48 1330f 6 886,887, 48 1353 7 42

48 1306 2 8 888 48 1356 7 24, 61, 62

48 1307 2 7 48 1330g 6 889 48 1358 3 512

48 1308 2 303 48 1330h 6 890 48 1371 2 91 48 1310 2 371, 372, 48 1330i 6 891 48 1371a 2 92

373 48 1330J 6 892 48 1371b 2 93

48 1311 2 401 48 1331 2 391, 392 48 I371bb 2 95, note

48 1312 2 321. 322 48 1333 2 222 48 1371c 2 94

48 1313 5 391, 591 4S 1334 2 221 48 1371d 2 95

48 1314 2 323, 402 48 1335 2 223 48 13716 2 96 48 1314 6 392, 592 48 1336 2 211 48 1371f 2 97

48 1315 2 411,412 48 1336a 2 151,153 48 1371g 2 98

48 1316 2 414 48 1336b 2 152 48 1371h 2 99

48 1317 2 413 48 1336c 2 154 48 13711 2 100

48 1318 2 9 48 1336d 2 155 48 1371] 2 101 48 1319 2 10 48 1336e 2 156 48 1371k 2 102 48 1321 2 141 48 1336f 2 157 48 13711 2 103 48 1322 5 255. 821 48 1336g 2 158 48 1371m 2 104 48 1323 2 51, 52, 421 48 1336h 2 159 48 1371n 2 105 48 1323a 2 271, 272, 48 1336i 2 160 48 13710 2 106

273 48 1341 2 4 48 1371p 2 107 48 1323b 2 274 48 1342 2 261 50 191 2 12 48 1323c 2 275 48 1342 7 1,2,3, 4,5,6

6. STATUTES AT LARGE TO CANAL ZONE CODE

This table shows the disposition of such acts of Congress as have been incor- porated in the text of the Canal Zone Code.

statutes at Large Canal Zone Code Statutes at Large Canal Zone Code

Date Chapter Section Vol- ume Page Title Section Date Chapter Section Vol- ume Page Title Section

1906 June 28...

1907 Mar. 4.... 1909 Feb. 27... 1910 June 25...

3585

2918

224

384

8

1-5

2

34

34

35

36

552

1371

658

772

3

2

2

2

512

83

303

221

1911 Mar. 4 Do

1912 Aug. 24... Do

DoDo

Do

Do

285

285

390 390

390

390 390

390

26

13

4

5

6

7

36

36

37

3737

3737

37

1451 1452

560

561

661 562 663

664

2

2

2

2

2

2

22

222

223

2,3

301

5, 6, 81, 82

9, 10, 411, 412

51,52,421

4,7,211, 261

43803—34 66 1033
PARALLEL REFEREyCE TABLES

6. Statutes at Large to Canal Zone Code—Coutinued

Statutes at Large Canal Zone Code 1 Statutes at Large Canal Zone Code

Date Chapter Sec- tion Vol- ume Page Title Section Date Chapter Sec- tion Vol- ume Page Title Section

1912 1922 Aug. 24— 390 7 37 564 6 131 Sent. 2L- 370 18 42 1010 3 118 Do 390 7 37 564 7 1-7 370 19 42 1010 4 228 Do 390 8 37 565 7 21-23, 25-42 Do 370 20 42 1010 3 113, 120, 126,127 Do 390 9 37 565 7 24,61,62 Do 370 21 42 1011 3 119 Do 390 11 37 567 2 n Do 370 22 42 1011 3 128 Do 390 12 37 569 6 861 Do 390 13 37 569 2 8 1924 Do 390 14 37 569 2 1 June 5 261 2 43 389 2 121 1914 1926 June 15--- 106 1 38 385 2 411,412 Do 106 2 38 3S6 ? 411-413 Dec. 29- — 19 1 44 924 1 33-35 Aug. 1 223 4 38 679 2 31 Do-..- 19 2 44 924 7 42 Do -- 223 5 38 679 ?. 32 Do 19 3 44 924 4 182 Do 19 4 44 926 4 181, 183 1915 Do 19 5 44 926 3 119 Do 19 6 44 926 2 351 Mar. 3..- 75 3 38 886 2 33 Do

Do

19

19 8

44

44 927927

4

3

13153 Do 19 9 44 927 3 54

1916 Do 19 10 44 928 3 55 Aug. 21— 371 1 39 527 2 371-373 Do

Do - 1919

1112 44

44 928928

3

3 5660 Do 371 2 39 528 2 401 Do - 19 13 44 928 3 61 Do

Do

371

371 34 3939 528528 2

5

321, 322

391, 591 Do

Do

19

19

14

15 4444 929

929

3

3 6263 Do 371 5 39 528 2 323.402 Do . 19 16 44 929 3 64 Do

Do

371

371

5839

39 528528

b2

392, 59267 Do 19 17 44 930 3 652 Do 371 9 39 529 2 391,392 1927 Do 371 10 39 529 2 141 Do 371 10 39 529 5 255,821 Jan. 22... 52 44 1023 3 54, 61, 64 Sept. 7—

458 40 39 750 2 121 Do 458 41 39 750 2 122 1928 Do 458 42 39 750 2 123 Mar. 12... 213 45 310 2 82

1917 Apr. 11.- 354 1 45 422 7 61 June 12-.. 27 1 40 179 2 414 1930 Do 27 1 40 179 4 1763 June 15.-. 30 1,T2 40 220 2 12 Apr. 23... 209 1 46 253 2 94, note May 27... 338 1 46 388 2 341 1920 Do 338 2 46 388 2 341. 342 Do 338 3 46 388 2 341 Junes

239 1 41 948 2 302 Do 239 2 41 948 2 302 1931

1922 Mar. 2.... 375 1 46 1471 2 91 Do 375 7 46 1471 2 92 Sept. 21-- 370 1 42 1004 2 4,7,211, Do 375 3 46 1472 2 93

261 Do 375 4 46 1472 2 94 Do 370 1 42 1004 6 131 Do 375 5 46 1474 2 95 Do 370 1 42 1004 7 1-7 Do 375 6 46 1474 2 96 Do 370 2 42 1005 7 21-23, Do 375 7 46 1476 2 97 25-42 Do 375 8 46 1476 2 98 Do 370 3 42 1006 7 24, 61, 62 Do 375 9 46 1477 2 99 Do 370 4 42 1007 5 606 Do 375 10 46 1477 2 100 Do 370 5 42 1007 5 607 Do 375 11 46 1477 2 101 Do 370 6 42 1007 5 773 Do 375 12 46 1478 2 102 Do 370 7 42 1007 5 667, 671 Do 375 13 46 1479 2 103 Do 370 8 42 1007 5 774 Do 375 14 46 1479 2 104 Do 370 9 42 1007 .<> 5 Do 375 15 46 1479 2 105 Do 370 12 42 1008 3 71 Do 375 16 46 1480 2 106 Do 370 13 42 1008 3 108 Do 375 17 46 1480 2 107 Do 370 13 42 1008 4 152 Do 370 15 42 1009 4 182 1932 Do 370 16 42 1010 3 114 Do 370 16 42 1010 4 181, 183 June 30... 314 204 47 404 2 92

2155 July 2.... 391 ; 47 568 5 608 Do 370 17 42 1010 3 112 1 Julys.... 416 1 47 671 5l 461-463

1034
PARALLEL REFERENCE TABLES

6. Statutes at Large to Canal Zone Code—C^ontinuetl

Statutes at Large Canal Zone Code Statutes at Large Canal Zone Code

Chapter

417 418 418

418 418

418

418

419

419 419

419

419

419

419

419

419 419

420

420 420

421

421 422

422

423

424 424

424 425

426

426

427 427

479

479 479

479

479

88

89

89

8990

90

9090

90

91

91

91

91

9192

109

109 109

109

109

109

Sec- Voltion ume Page Title

572

573 573

573

573

574

574 574

574

574

574

575 575

575

575

575 575

576

576

576

576

576

576

577 577

577

577

577

578 578

578

578

579

661

661

661 662

662

81

81

81

8181

81812

812

812

812

812

812

813

813 813

813 814

814

814 814

815 817

818

859 859

859

859

859

860

Section Date

877

871 872

873

874, 875

876 876

881 882

883

884

885

890

891 892

291 292

293

361 362

41 42,43

142

331 332 333

9

43

43

201 202

471. 473

471. 474

475

476 477

151, 153 152

154

155 156

157

158

159 160 271-273

274 275

6166 62,63

64

65

4,7,211, 261

131 1-7

21-23, 25-42

24, 61, 62 371-373

1 24

25

26 500,501

515

1933 Feb. 21. Do...

Do...

Do...

Do...

Do...

Do...

Do...

Do...

Do.-.

Do...

Do... Do...

Do...

Do...

Do...

Do...

Do...

Do...

Do...

Do.-.

Do...

Do...

Do...

Do... Do-.

Do...

Do... Do--

Do...

Do... Do...

Do... Do..

Do... Do..

Do.. Do..

Do... Do-.

Do... Do-.

Do--

Do... Do..

Do... Do..

Do..

Do...

Do-.. Do--.

Do...

Do... Do...

Do--. Do.-

Do...

Do-.. Do..

Do.-. Do--

Do... DoDo..

Do.-

Do... Do..

Do.. Do..

Do..

Do..

Do..

Chap- Secter tion

109

109 109

109

109

109

109

109

109 109

109

109

109

109

109

109

109 109

109

109

109

109

109 109

109 109

109

109

109

109

109

109 109

109 109

109 109

109

109

109

109

109

109

109

109 109

109

109

109 109

109

109 109

109 109

109

109

109

109 109

109

109

109

109

109

109 109

109

109

109 109

109

10

1112

13

14

151616a

1717a

1820

2122

23

24

2526

2728

2930

3132

3334

35

36

37

38

3940

4142

4344

45

46

47

48

4950

50a 50b

50c 50d

50e

5151a 51b

51c

52

53

5455

5656a 56b

56c

Vol- ume

4747

47

4747

4747

47

47

47

47

47

47

4747

47

47

47

47

4747

4747

47

4747

47

47

47

47

4747

47

4747

47

47

47

47

47

47

47

47

47

47

4747

47

4747

4747

47

47

47

47

47

47

47

56d| 47

57

5960

6162

63

6565

6767a 67b

68

Page Title

860 860

860

860

860

860

861

861

861

861 861

861

861 862 862

862

862

862

862

863

863

863

863 863

853 863 864

864

864

864 864

854

864

865

865

865

865

865

865

865

865

866

866

866

866 866

866

866

867

867

867

867

867

867 867

867

868 868

868 868

868

868

868 869

869

869

869

869 870

S70

Section

48456

58

11142

33 41-43

919497

95

121 122

123 126

127 132

134

135 142

148 162

164 165

177

178 176 232

211 212

212

183 182

184 206

179 205

191 192

193 221-223

253 282

283

302

301 294,303 372

373

311 345 332

352

354

361, 362 404

405

421 422

411 414

416

484

452

453 457

704 374

742

523 524

511

1035
PARALLEL REFERENCE TABLES

6. Statutes at Large to Canal Zone Code—Continued

statutes at Large Canal Zone Code Statutes at Large Canal Zone Code

Date Chapter Section Vol- ume Page Title Section Date Chapter Sec- tion Vol- ume Page Title Section

1933 1933 Feb. 21... 109 69 47 870 5 512 Feb. 21... 110 25 47 884 6 111 Do 109 70 47 870 5 513 Do 110 26 47 884 fi 148, 149 Do 109 71 47 870 5 506 Do 110 27 47 884 fi 150 Do 109 72 47 871 5 716 Do no 28 47 8S4 6 171 Do 109 74 47 871 5 561 Do 110 29 47 884 fi 175 Do 109 75 47 871 5 562 Do no 30 47 884 fi 182 Do 109 76 47 871 5 566 Do no 31 47 885 fi 183 Do 109 78 47 871 5 595 Do no 32 47 885 fi 187 Do 109 79 47 871 5 596 Do no 33 47 885 6 195 Do 109 80 47 872 5 598 Do no 34 47 885 6 655 Do 109 81 47 872 5 599 Do no 35 47 885 6 173 Do 109 82 47 872 5 603 Do no 36 47 885 fi 176 Do 109 82a 47 872 5 622 Do no 37 47 885 fi 174 Do 109 83 47 872 5 623 Do no 38 47 885 fi 134, 135 Do 109 84 47 873 5 621 Do no 38a 47 886 6 841,843 Do 109 85 47 873 5 625 Do no 39 47 886 6 842 Do 109 88 47 873 5 641 Do no 40 47 886 6 90 Do 109 89 47 873 5 724 Do no 41 47 886 6 89 Do 109 90 47 873 5 725 Do no 42 47 886 6 93 Do 109 91 47 874 5 726 Do no 43 47 886 6 96 Do 109 91a 47 874 5 727 Do no 44 47 886 6 221, 222 Do 109 92 47 874 5 728 Do no 45 47 886 6 226 Do 109 92a 47 875 5 730 Do no 46 47 887 6 228 Do 109 92b 47 875 5 731 Do no 47 47 887 6 241 Do 109 93 47 875 5 736 Do no 48 47 887 6 243 Do 109 94 47 875 5 740 Do no 49 47 887 6 256, 257 Do 109 94a 47 875 5 741 Do no 50 47 887 6 280 Do 109 96 47 875 5 788 Do no 51 47 888 6 294 Do 109 97 47 876 5 784 Do no 52 47 888 6 301 Do 109 98 47 876 5 785 Do IK) 53 47 888 6 302 Do 109 98a 47 876 5 781 Do no 54 47 888 6 321 Do 109 99 47 876 5 662 Do no 55 47 888 6 331-357 Do 109 100 47 876 5 669 Do no 56 47 890 6 361 Do 109 101 47 876 5 670 Do no 57 47 891 6 369 Do 109 101a 47 877 5 696 Do no 58 47 891 6 385 Do 109 102 47 877 5 700 Do no 59 47 891 6 389 Do 109 102a 47 877 5 697 Do no 60 47 891 6 402 Do 109 102b 47 877 5 705 Do no 61 47 891 6 405 Do 109 ]02c 47 877 5 757 Do no 62 47 891 6 407 Do 109 103 47 878 5 824 Do no 63 47 891 6 408 Do 109 105 47 878 5 802 Do no 64 47 891 6 409 Do 109 106 47 878 5 838 Do no 65 47 891 6 410 Do 109 109 47 878 5 833 Do no 66 47 892 6 411 Do 109 no 47 879 5 807 Do no 67 47 892 6 416 Do 109 111 47 879 5 834 Do no 68 47 892 6 417 Do 109 112 47 879 5 853 Do no 69 47 892 6 418 Do 109 113 47 879 5 854 Do no 70 47 892 6 419 Do 109 114 47 879 6 5 Do no 71 47 893 6 413 Do 109 115 47 879 5 2 Do no 72 47 893 6 414 Do 110 1 47 880 6 15 Do no 73 47 893 6 415 Do 110 2 47 880 6 172, 181 Do no 74 47 893 6 403 Do 110 2a 47 880 6 16 Do no 75 47 893 6 303, 401 Do 110 3 47 880 6 13 Do no 76 47 893 6 431-433 Do 110 4 47 880 6 3 Do no 77 47 893 6 434 Do 110 5 47 880 6 14 Do no 78 47 894 6 443 Do 110 6 47 881 6 71 Do no 79 47 894 6 441 Do 110 7 47 881 6 115 Do no 80 47 894 6 442 Do 110 7a 47 881 6 72 Do no 81 47 894 6 453-455 Do 110 8 47 881 6 73 Do no 82 47 895 6 497 Do 110 9 47 881 6 74 Do no 84 47 895 6 499 Do 110 11 47 881 6 76 Do no 84a 47 895 6 611 Do 110 12 47 882 fi 84 Do no 85 47 895 6 612 Do 110 13 47 882 6 561-563 Do no 86 47 895 6 613 Do no 14 47 882 6 122 Do no 87 47 895 6 645 Do 110 16 47 882 6 124, 125 Do no 88 47 895 546 Do no 16 47 882 6 126 Do no 88a 47 896 6 564 Do 110 17 47 883 6 97 Do no 89 47 896 6 672 Do no 18 47 883 fi 548 Do no 90 47 896 6 573 Do no 19 47 883 6 550 Do no 91 47 896 6 581 Do no 20 47 883 6 142 Do no 92 47 897 6 5S2 Do no 21 47 883 fi 12 Do no 93 47 897 6 592 Do no 22 47 883 fi 141 Do no 94 47 897 6 60J,fi02 Do no 23 47 883 fi 132, 133 Do no 95 47 897 « 604 Do no 2! 47 883 6 127 Do no 96 47 897 fi K^

1036
PARALLEL REFERENCE TABLES

6. Statutes at Large to Canal Zone Code—Continued

statutes at Large Canal Zone Code Statutes at Large Canal Zone Code

Date Chapter Section Vol- ume Page Title Section Date Chapter Section Vol- ume Page Title Section

1933 Feb. 21... Do

Do

Do

Do

Do

Do

Do

Do

Do

Do

Do

Do

no

110

110

110 110

110 110 nono

no

nono

no

9798

99

100

101 102

103

104

105 106

107 108 109

4747

4747

4747

47

47

47

4747

4747

897 898

898

898

898

898

898

899

899

899

899

899

899

6

66

6

66

6

66

6

6

6

6

631 636 651-653

654

657

671 672

673

681 682

683, 684

685

687

1933 Feb. 21... Do

Do

Do

Do

Do

Do

DoDo

Do

Feb. 27... Do

June 16...

nono

no

nono

nono

no

nono

127 128

101

no

111 112 113

114 115

116

117 118 120

"sib"

47

47

47

47

47

47

4747

47

47

4747

48

900

900

900

900

900 900

900

901

901 901 908

1124 305

6

66

6

6

6

6

6

6

6

4

32

686

791 795

832

825

740

724

774

904

2 1-2183

1-2865

95, note

7. EXECUTIVE ORDERS TO CANAL ZONE CODE

This table shows the location in the Canal Zone Code of sections having their original source in Executive orders.

Date Section

Canal Zone Code

Date Section

Canal Zone Code

Title Section Title Section

1904 May 9 1

5

4

44

4

44

4

4

4

4

4

3

3

33

3

3

34

4

44

4

4

55

2

2

2

2

2

6

1

342, 344,

441, 773

4365

1161 1163

1171

151 958

169 1009

1007 1005 532

533

191 192

193 194

195

981 985

986, 987

988

989

991

603

773

241 242

243

244

244, note

254

1909 Oct. 2. . 12

3

55

52

4

5

2

5

5

5

5

55

2

6

3

3

33

4

44

4

4

44

4

4

4

443 Do 810

1907 Do.-.. 444,811 Mar. 13 Nov. 23 224 Mar. 22 . . 1829

242

243

247

393

399

414

527 530

531 670

671 794

795 796

797

798 809

812

813 814

817

818

1910 July 28... . 1

1

Do 121 Do

1911 May 11 Do

Do 828 Do June 28... .... 304 Do Sept. 8 1 843 Do Sept. 14 827 Do Nov. 15 787 Do...

1912 Apr. 17 12

3

Do

Do 844 Do Do 845 Do Do 846 Do...

1913 Mar. 19 Do^-.. Do 244 note Do Aug. 29 3

12

3

4

1

12

3

45

G

78

9

613 Do.... Nov. 11 1266 Do Do . 1267 Do Do 1268 Do Do 1269 Do

1914 July 3 Do

967

1908 Jan. 9 1920 Aug. 14 Jan. 9 1001

12

3

4

5

Do 982

1909 Do 983 Jan. 6 Do 1021 Do Do 1022 Do Do 1023 Do Do 1002 Do Do 1024 July 30 Do...- 1025

1037
PARALLEL REFERENCE TABLES

7. Executive orders to Canal Zone Code—Continued

Date Section

Canal Zone Code

Date Section

Canal Zone Code

Title Section Title Section

1920

10

12

15

16

17

12

Rule 1 Rule 2 Rule 7 Rule 18 Rule 20

4

444

4

44

4

4

4

44

1026 1003

1004 1006 984

982

984, 1004,

1005, 1006

15326

442

45

965, 966

1928 Jan. 3 2

3

4

5

7

4

44

44

4

4

44

4

44

44

4

4

4

4

393 Jan. 9 Do 394 Do Do 395 Do 396 Do Do . - 397 Do. 987

1924 Nov. 3 3

45

6

7

9

10

1112

13

14

15

1751 Do 1752 Mar. 5. Do 1753 Do - Do 1754

1925 Do 1755 Do 1756 July 28 Do 1758 Do Do-- - 1759 Do Do 1760 Do Do 1761 Do Do — 1762 Do 1762

8. ACTS AND ORDINANCES ISTHMIAN CANAL COMMISSION TO

CANAL ZONE CODE

This table shows the location in the Canal Zone Code of sections having their

original source in acts or ordinances of the former Isthmian Canal Commission.

No. Date

Section

Canal Zone Code

No. Date

Sec. tion

Canal Zone Code

Title Section Title Section

3

1904 Aug. 22 2

3

4

5

610

5

5

5

5

5

55

6

6

5

6

472

471,473

471,474

475 476

477 461-463

901 902

1-877 1-905

1907

Oct. 28(27) -- 10 5

5

5

5

33 do 836 do - 1910 Apr. 23 -.- - 3 do

3

3

60S do --- 1912 July 18 12

4 do

12

12

12

830 do - ...--do 829

14 Sept 3 15 do

1038


INDEX

Keferenios aro to title and section except in the case of index Hues referring to material in the appendix

Abandonment

Animal, disease<l or infirm, 5 : 810

Child, of, see Parent and Child

Property, of, lost property laws inapplicable, 3 : 1219 Wife or husband, of, see Husband and Wife

Abatement

See Survival

Action by or against Canal Zone or Government oflScer. when not abated,

p. 984, sec. 780 Action not abated by death, disability, or transfer, when, 4 : 141 Legacy, of, 3 : 615

Nuisance, of, see Nuisance

Pleas in, see Answeb; Demukreb; Pleading

Abduction

See Kidnaping

Forbidden by rights of personal relations, 3 : 47 Woman, of, punishment, 5 : 405

Abortion

Administering drugs to produce, punishment, 5 : 421 Advertising to procure, punishment, 5 : 423 Mailing articles or advertLsements relative to producing, p. 920, sec. 334 Prosecutrix must be corroborated, 6 : 376

Soliciting or submitting to, punishment, 5 : 422 Using instruments to produce, punishment, 5 : 421 Acceptance

See Checks; Contracts: Negotiable Instruments

Benefit of transaction, effect of, 3 : 845, 2843. Accession

See Fixtures

Confusion of goods

Article made from inseparable materials, rights on, 3 : 417, 418, 420 Damages for wrongfully using materials of another, 3 : 421 Materials of several owners, rights on, 3 : 413, 417, 418, 420

Owner may elect between thing and its value, 3 : 420

Owner may require separation when, 3 : 418

Principal part is what, 3 : 414, 415

Principal part, removal of, 3 : 414 Product of things acquired by willful trespass, title to, 3:419

Uniting several different things, rights of owners, 3 : 413, 418 Owner, products and accessions belong to, 3 : 331

Personalty, to, uniting materials and workmanship, rights on, 3 : 416 Property may be acquired by, 3 : 401

Realty, to, see Fixtures

Accessories

Abetting by person out of Canal Zone, 5 : 56

All persons concerned liable as principals, 5 : 52, 55 ; 6 : 211 Information against, allegations in, 6:211

Parties to crime are principals and acces.sories, 5 : 51

Prosecution, though principal not prosecuted, 6 : 212 Punishment of accessory to felony, 5 : 54 Who are accessories to felony, 5 : 53 Accessory

Transfer of incident does not transfer principal, 3 : 472, 2862 Transfer of principal thing passes, 3 : 472, 2862

1039
INDEX

Accident

See Mistake

Criminal liability as affected by, 5 : 57 Homicide by, excusable, 5 : 259 Accomplices

Cori-oboratiou of, 6 : 387 Testimony of, to be viewed with suspicion, 4 : 2131 Accord and Satisfaction Accord, definition and effect, 3 : 771, 772

Satisfaction Defined, 3 : 773 Part performance in, extinguishes obligation, when, 3 : 774 Account

See Accounting ; Executors and Administrators ; Guardian and Ward

Bill of particulars, 4 : 253. 786 Copy of, right to take, 4 : 921 Exhibiting original and delivering copy to adverse party, 4 : 78(5 Falsification by public officer, punishment, 5 : 622 How proved, 4 : 1872

Inspection of, see Inspection of Writings

Pleading, how to state account in, 4 : 253 Accounting

See Account; Executors and Administrators; Guardian and Ward

Collecting oflScers of Canal, by 2 : 32

Consolidation of functions respecting Government, Canal, and Railroad

funds, 2:31

Examination of Canal accounts by General Accounting Office, 2 : 33 Fraudulently presenting claim for allowance or payment, punishment,

5:102

Public moneys, for, offenses respecting, 5 : 621-623 Accumulations

Application of income to support of minor, 3 : 325

Provisions governing disposition of income, 3 : 321 Purposes for which may be allowed, 3 : 323 Time of commencement and termination, 3 : 323, 324

Validity of directions for, 3 : 322-324 Accused

See Defendant

Acid

Throwing upon another, punishment, 5 : 345 Acknowledgments

Acknowledged instruments, admissibility, 4 : 1980, 1982

Affiant to be known to officer, 3 : 495 Assignment for creditors, of, 3 : 2780, 2781

Authenticated, how, 3 : 500

Certificate of acknowledgment

Action to correct defective certificate, 3 : 508 As evidence, 4 : 1980 Authority to issue, 3 : 494 Form of, 3:497-499

Indorsement on or attachment to instrument, 3 : 496

Certificate of redemption, of, 4 : 604

Chattel mortgage, of, 3 : 2264, 2265

Debt, acknowledgment so as to remove bar of statute, 4 : 110

Defective, action to correct, 3 : 508

District of Columbia or Territories, instruments affecting land in, 3:512

False personation in making, punishment, 5:691

Foreign, 3 : 492, 493, 497, 512 Form of, 3 : 497-499

Identity of person making, 3 : 495

Illegitimate child, acknowledgment of, 3 : 634 Instruments made before code became effective, 3 : 511 Inventory of wife's property, 3 : 141 Marriage, declaration of, 3 : 66 Marriage settlement, 3 : 154

1040
INDEX

Acknowledgements—Continued

Officers taking, have wliat authority, 3: 507

Prerequisites to taking, 3 : 495 Proof of instruments

Action for, 3 : 509, 510 Authority of officers taking, 3 : 507

Certificate of officer, what to state, 3 : 506

Defective certificate, action to correct, 3 : 508

Handwritinjj;, by. 3 : 504, 505 In general, 3 : 501-511 Witness, identity of, 3 : 502 Witness must prove what, 3 : 503 Record of acknowledged instrument, as evidence, 4 : 1982

Satisfaction of judgment, of, 4 : 550

Seals, when officers must affix, 3 : 500

Signatures, officers must affix, 3 : 500

Special partnership, certificate of, 3 : 1814

Statute of limitations, removing bar of, 4 : 110 What writings may be acknowledged, 4 : 1980 Who may take, 3 : 491-493, 512 ; 4 : 33 Acquittal Arrest of judgment, effect of, as, 6 : 464 Discharge of defendant to be witness as, 6 : 368 Former, see Formee Jeopabdy

Informal verdict, by, 6 : 417 Reasonable doubt, in case of, 6 : 363 Actions

See subject in question

Abatement, when not abated by death, disability, or transfer, 4 : 141

Aliens, between, 4 : 121 Annulment of marriage, for, 3 : 55, 56 By whom prosecuted, 4 : 17 Calendar, entry on, 4 : 436

CivilArise out of obligations or injuries, 4 : 12

Definition of, 4 : 10, 17 For acts constituting crimes, 5 : 7 Commenced by filing complaint, 4 : 161

Consolidation of, when may be ordered, 4 : 954 Conspiracy to maintain falsely, 5 : 81 Criminal actions, see separate subhead, infra

Defined, 4 : 10 Dismissal of, see Dismissal

Form of, one only, 4 : 71

Infant's right to maintain, 3:34

Injuries, see Injuries

Interpleader, when and how maintained, 4 : 142

Intervention, how and when effected, 4 : 143

Joined, what actions may be, 4 : 204

Jurisdiction, when acquired, 4 : 171 Limitation of, see Limitation of Actions

Magistrate's court, in, see Magistkates' Coltrts Marriage, to test validity of, 3 : 67 Merger of civil and criminal, 4 : 18 Nonresidents, between, 4 : 121 Nonsuit, when may be entered, 4 : 415

Obligations, see Obligations

Particular actions, see particular subject Parties to, see Parties

Pending Not affected by civil code, 3 :

When deemed to be, 4 : 955 Pleadings in, see Pleading

1041
-I

II}DBX

Actions—Continued

Remedies

Divided into actions and special proceedings, 4:9

In general, see Remedies

Severance of, 4 : 954

Special proceedings, see Special Proceedings ; Submitting controversy witliout action, 4 : 1111-1113 ; see Agreed Case

Successive actions, right to maintain, 4 : 953

Surety, by, 4 : 956 ; Survival of Against ofBcer of Canal Zone, p. 984, sec. 780 Against railroad for injury to employee, p. 990, sec. 59

In general, 4 : 141, 1522-1524

Statute of limitations, 4 : 104, 106 When commenced, 4 : 101 CBIMINAL ACTIONS Calendar of pending actions, keeping of, 6 : 311 Defendant in, see Defendant

Definition of criminal action, 6 : 4 Dismissal of, see Dismissal

Entry in criminal docket, 6 : 841

Limitation of, see Limitation of Actions

Parties to, 6:5

Pending, order of disposal of, 6 : 312

Place of trial, see Place of Trial

Record of, what constitutes, 6 : 499 Actions to Quiet Title See Quieting Title

Adjournment

Continuance, see Continuance

Court, of, wiiile jury out, 4:471

Admeasurers of Vessels

Administering oaths and summoning witnesses, 2 : 41-43 Administrators

See Executoes and Administrators; Public Administbatob

Admiralty

See Shipping

Foreign judgment, effect of, 4 : 1940

Jurisdiction of district court in, 7:23, 25

Offenses within admiralty and maritime jurisdiction, p. 938, sees. 451-

467, 481-502

Practice and procedure in, 7 : 25

Suits for wrongful death on high seas, note, p. 996, sec. 761

Suits involving vessels or cargoes of United States, p. 991, sec. 741 Admission

As to fact in dispute, inference from, 4 : 1850 By failure to deny, 4 : 200 Compromise, offer of, is not, 4 : 2154 Divorce action, admission of defendant in, 4:2155

Service of summons, of, 4 : 170 Adoption

Consent Of parent or guardian, 3 : 191, 192 To adoption of illegitimate child, 3 : 195, 106 How child mav be adopted, 3 : 191, 192, 196 t Illegitimate child, 3 : 195, 196 Order of court and effect thereof, 3 : 193, 194

Stepfather, by, 3 : 192 Who may adopt child, 3: 191, 192 Adulteration

Candy, punishment, 5 : 543

Food, drugs or liquors, punishment, 5 : 542

Selling adulterated candy, punishment, 5:543

Selling adulterated food, drugs, or liquors, 5 : 542

1042
lUDBX

Adultery

See Divorce

Definition and punishment, 5 : 431

Witnesses, compoleiicy of spouses as, 4 : 1004 ; 6 : 672 Adults

Who are. 3 : 23 Advancements

Death of beneficiary before decedent, proceedings on, 3:646

Deemed ademptions when, 3 : G02 Determination as to, on final distribution, 4 : 1641

Effect of, 3 : 557. 642, 046 Less or greater than share, effect of, 3 : 643 Pretermitted or after-born child, to, 3 : 557 Value of, determined how, 3 : 645 What are, 3 : 644 When only deemed ademptions, 3 : 602 Adverse Claim

Money, to, action to determine, 4 : 956

Personal property, to. action to determine, 4 : 661, 956

Quieting title, 4: 661-670; see Quieting Title Real property, to Action to determine, 4 : 661

Parties defendant in action by person out of possession, 4 : 137 Writ of possession, right to on recovery, 4 : 137 Advertisement

Placing on property without consent, 5 : 802 Posting on public property, punishment, 5 : 843

Affidavits See subject in question

Certificate to foreign, 4 : 2077

Complnint, affidavit of, 6: 72, 73

Defectively entitled, effect of, 4 : 952

Defined, 4 : 2062 How taken in State or foreign country, 4 : 2075-2077

Magistrate may take, 4 : 33

Particular proceedings, in, see particular subject

Perjury in affidavit as to future testimony, 5 : 142

Publication, proof of by affidavit, 4 : 2072, 2073 Purposes for which may be used, 4 : 2071 Refusal of witness to subscribe to, punishment, 4 : 2046 What provable by, 4 : 2071. 2072 Who may take, 4 : 33, 2074-2076

Affinity See Consanguinity

Meaning of, 4 : 8 Affirmation

Form of, 4 : 2172, 2175

In place of oath, 4: 2175 Oath

In general, see Oath

Includes affirmation, 3 : 12 ; 4:8; 5:5

What officers may administer, 4 : 2171 Agency

Absentee on distribution of estate, agent for, 4 : 1661-1665 Acknowledgment by attorney in fact, form of, 3 : 499 Acts or declarations of agent, admissibility, 4 : 1888 Actual agency, defined, 3 : 1615

Actual authority

Agent not to exceed, 3 : 1361

Defined, 3 : 1633 Extent of, 3 : 1632, 1635, 1636 Actual or ostensible, agency is, 3 : 1614 Authority

Acts within actual or ostensible bind, 3 : 1651 Agent warrants his authority, 3 : 1671 1043
INDEX

Agency—Continued

Authority—Continued

Consideration unnecessary to creation of, 3 : 1625 Construction of, wtien partly general and partly specific, 3 : 1638 Damages for breach of warranty of authority, 3 : 2657 Defraud principal, agent without authority to, 3:1623

Delegation of, 3 : 1681-1683 Extent of, 33 : 1632-1642

General, does not authorize what acts, 3 : 1639 i How may be conferred, 3 : 1G24, 1626. i Incomplete execution of, binds principal, when, 3 : 1652 i Instructions, authority to disobey, 3 : 1637 Instrument intended to bind principal does bind him, when, 3 : 1658 Necessary authority, agent has, 3 : 1636. Obligations of principal when agent exceeds, 3 : 1654

Oraf, when may be, 3 : 1626

Ostensible, see this subject, infra

Price, authority to receive, 3 : 1641, 1642

Representations, authority to make, 3 : 1636

Restrictions on general authority, 3:1639

Sale of personal property, relative to, 3 : 1640-1642 Scope of agency, agent cannot define, 3 : 1636, 1639 Terminated by what, 3 : 1691, 1692 Warranting personal property, 3 : 1640 What authority may be conferred, 3 : 1621, 1622

W^ritten, when must be, 3 : 886, 1626 ; 4 : 2017

Creation

Consideration unnecessary, 3 : 1625 How may be created, 3 : 1624 Oral or written authorization, 3 : 886, 1626 ; 4 : 2017

Credit given exclusively to agent, payment, 3 : 1656

Definitions Agent and agency, 3 : 1611 General agent, 3:1613

Special agent, 3 : 1611 Delegation of powers, 3 : 1681-1683 Embezzlement, agent, when guilty of, 5 : 666

Factors, see Factors Keeping principal informed, duty as to, 3 : 1362 Negotiable instrument

Agent to collect, duty of, 3 : 1363 Signature by agent, 3 : 2339-2341

Notice of agency, rights of one dealing with agent without, 3 : 1657

Notice to agent or principal, effect of, 3 : 1653

Ostensible agency, defined, 3 : 1616

Ostensible authority

Agent has, 3:1632 As to persons having notice, 3 : 1635

Defined, 3 : 1634 Extent of, 3 : 1635

Liability of principal, 3:1655

Powers, see Powers

Powers of attorney, see Powers of Attorney

Principal

Bound by instrument intended to bind him, 3:1658

How affected by agent's acts within his authority, 3:1651

Liability for negligent or wrongful acts or omissions of agent, 3:165!). 1600 Wlien bound by incomplete execution of authority, 3 : 1652 Whether bound when agent exceeds authority, 3 : 1654

Ratification Creation of agency by, 3:1624

How only may be made, 3: 1628 Not to injure tliird persons, 3: 1630 Of part of Indivisible transaction, effect of, 3: 1627

1044
INDEX

Agency—Continued

Ratification—Continued

Rescission of ratification, 3 : 1631 When void, 3 : 1629

Set-olT, right of, against piincipal where agency unknown, 3 : 1657

Statute of frauds, effect on contract of agency, 3 : 886, 1626 ; 4 : 2017

Subageiit

Delegation of powers to, 3 : 1681-1683

Liability of to original principal, 3 : 1364 Terminated by what, 3 : 1691, 1692 Third persons

Agent's liability to, 3 : 1672

Agent's obligation to surrender property to, 3:1673

Rights where agency unknown, 3 : 1657

' Who may be or appoint an agent, 3 : 1612 Agreed Case

Enforcement of, or appeal from, judgment, 4 : 1113 Entry of judgment, 4 : 1112 How and in what cases may be submitted, 4 : 1111 Proceedings on, 4 : 1111

Aircraft Air commerce act, 1926, note, p. 1009, sec. 171 Permits to have and carry arms for hunting or protection, 5: 873 Alienation

See Grants ; Transfer

Condition restraining, etfect of, 3 : 305 Future interests which suspend power of, void, 3 : 312 Income undisposed of pending suspension, to whom belongs, 3 : 332 Power of How long may be suspended, 3:311

When suspended, 3 : 312 Alienation of Affections

Spouse as witness in action for, 4 : 1904 Aliens

See Immigration ; Naturalization

Actions between alien nonresidents, 4 : 121 Estates of intestate aliens, disposition, 4 : 1706

Inheritance by, 3 : 263, 651 Ownership of property by, 3:262

Will made in Canal Zone by alien, law governing, 3 : 533 Alimony

See Divorce

Allegations See Answer ; Complaint ; Pleading

Affirmative, by whom must be proved, 4 : 1887 Burden of proof of, 4 : 1887, 2031

In particular actions, see particular subject

Material

Evidence confined to, 4 : 1886 Only need be proved. 4 : 1SS5

Negative, when must be proved, 4 : 1887

Alteration

Bank bill or note, 5 : 734

Contracts, alteration and cancelation in general, 3 : 961-965

Instruments, of, as forgery, 5 : 721

Offering fraudulently altered evidence, a felony, 5 : 161 Public account, fraudulent alteration, punishment, 5 : 622

Will, of, see Wills

Writing, of, burden of explaining, 4 : 2032 Amendment

Allowance of, power of court, 4 : 275 As of course, 4 : 274

Bill of exceptions, to, 4 : 525 Complaint, of In civil action, proceedings on, 4 : 213 On appeal in criminal action, 6 : 135 1045
IVDEX

Amendment—Continued

Correcting mistake by, 4 : 275

Filing unci service of, 4 : 274

Forcible entry, amendment of complaint in, 4 : 1153 How made, 4 : 274

Information, of, see Information

Magistrate's court, in, see Magisteates' Coukts

Parties, adding or correcting by, 4 : 275 Power of court generally, 4 : 275, Right to amend once as of course, 4 : 274 Time for, when demurrer sustained, 4 : 278

Variance, in case of, 4 : 271, 272 What may be allowed, 4 : 275 Ancient Writings

Comparison of, to prove handwriting, how made, 4:1977

Presumption of genuineness, 4 : 2007 Ancon

Harbor of, boundaries, p. 851, art. 4 Animals

Al)andoned. authority of officers. 5 : 810 Bringing in animals and violating quarantine proclamation, 5 : oUG

Bull tights or dog figlits, offenses respecting, 5 : 60S

Carcasses, placing in or near stream or highway, 5:507

Cruelty to, 5:810, 811 Damages, exemplary, for injuries to, 3 : 2GG6

Depositaries of, 3:1112, 1133

Diseased, offenses by owners of diseased animals, 5 : 563-505 Duty of person saving, 3 : 1212 Injury to person by vicious animal, jiunishment of owner, 5 : 562 Keeping and impounding of domestic animals, 2 : 201, 202

Killing of person by vicious animal, punishment of owner, 5 : 561 Marks or brands on, altering, 5 : 789 Ownership of, 3:252, 253

Poisoning, punishment, 5 : 809 Receiving or transporting in violation of quarantine, 5 : 567 Annuities

Commence at testator's death, 3 : 620

Defined, 3:611

Effect of failure of fund, 3 : 611 Annulment

Of marriage, see Marriage

Answer

See Plea: Ple.vding

Absence of, what relief granted plaintiff, 4: 414 Admission of allegations by failure to deny, 4 : 260

Allowing, where demurrer overruled, 4 : 274 Amended complaint, to, 4 : 213 Amendment of, 4:274, 275; see Amendment

Contains what, 4 : 221 Counterclaim, 4 : 221, 223-226 ; see Counterclaim

Criminal action, in, upon arraignment, 6:231, 232

Cross-complaint, in general, 4:227: see Cross-Complaint

Default for failure to, when entered, 4:421; see Default

Defenses, stating several, 4 : 226 Demurrer and answer at same time, 4: 212, 226, 274 Demurrer, overruling, time to answer runs from notice, 4:278

Demurrer to Grounds of, 4 : 232

Overruling, facts of answer deemed denied, 4:274

Time to file, 4 : 231 Denial of execution of instrument contained in, 4 : 243

Failure to file, see De:fault

Filing and service of, 4 : 263

Generally, 4 : 221 Inspection of instrument where copy annexed, 4 : 244

1046
INDEX

Answer—Continued

Joint debtor brought In after judgment, of, 4 : 904

Magistrate's court, in, 4 : 715 ; see Maoisteates' Coubts

Material allegations, what are, 4 : 201 New matter in, deemed denied, 4 : 260

Objections not appearing on complaint, taken by, 4 : 214

Particular actions, in, see particular subject

Pleading, as a, 4 : 193 Several defenses, how stated, 4:226

Signature to, 4 : 241

Striking out sham and irrelevant answers, 4 : 252 Supplemental, when allowed, 4 : 262 Time for Extending, 4:275, 960

In divo-ce proceedings, 4 : 183

In general, 4 : 163

Variance, allowing amendment in case of, 4 : 271, 272

Verification of, 4:241, 242; see Verification

Waiver of objections not taken by, 4 : 215 Written instrument, annexing or setting out, in. 4 : 243, 244 Antitrust Laws

Clayton act, application of, p. 892, sees 12-27 Panama Canal closed to violators of, 2 : 11 Appeal

Bail on appeal, see Bail

Bill of exceptions, see Exceptions

Circuit Court of Appeals, to Allowance of appeals, p. 983, sec. 228

. Appellate jurisdiction, 7 : 61 ; p. 982, sec. 225

Divorce, appeal from interlocutory order, 3 : 119 How governed, 4 : 871 Manner of taking in criminal actions, p. 983, sec. 723a

Practice and procedure on, 7 : 62 Preparation of record in criminal actions, rules authorized, p 983

sec. 723a Right of review by Supreme Court, 7 : 62

Settlement of bill of exceptions by Circuit Court of Appeals. 4 : 527 • 6 : 443 Time for making application for appeal, p. 983, sec. 230

District court, to Authorized in all civil actions, 4 : 881 ; 7 : 7

Costs, 4 : 8S8 Criminal actions, in Amendment of complaint in district court, 6: 135 Authorized in all criminal actions, 6 : 131 : 7 : 7 Costs in district court, 6 : 392

Jurisdiction of district court, 7: 23 Manner of taking appeal, 6 : 132 Transmitting warrant and complaint to district court, 6 : 133

T'ial of offense de novo, 6: 134 Damages where appeal taken for delay, 4 : 888 Dismissal of appeal For failure to prosecute, 4 : 888, 890 Return of papers and resumption of jurisdiction below 4 891 Docket fee, 4 : 889

Forcible entry and detainer, in, 4 : 1155, 1157 Hearing, what may be used on, 4 : 882 How taken, 4 : 881 In general. 4 : 881-891 Judgment on, 4 : 888. Jurisdiction of district court, 7 : 23

Notice of appeal, 4 : 881

Objections made in magistrate's court, 4 : 884 Powers of district court. 4 : 888 Prepayment of fee. 4 : 889

1047
INDEX

Appeal—Continued

District court, to—Continued

Proceedings in district court on, 4 : 888 Questions of fact or law and fact, appeal on, 4 : 883 Questions of law, appeal on, 4 : 882 Statement of ease and settlement thereof, 4 : 882 Stay of execution, 4 : 885, 887 Time for appeal, 4 : 881 Transmission of fee to clerk, 4 : 889 Transmission of papers, 4 : 884

Trial anew on questions of fact, 4 : 883, 888 Undertaking on appeal

Deposit in lieu of undertaking, 4 : 885 Exception to and justification of sureties, 4 : 886

Requisites of undertaking, 4 : 885 Time to file undertaking, 4 : 886 Errors not affecting substantial rights disregarded, 4 : 277 Judgment roll, see Judgment Roll

Reversal

New action, within what time may be brought, 4 : 106 Not decreed, except for substantial errors, 4 : 277 Undertaking, sureties, subrogation of, 4 : 969 Appearance

Corporation, by, 6:836

Infants, by, see Infants

Insane persons, by, see Insane Persons

Magistrate's court, in Time for, 4 : 697 Waiver of summons by, 4 : 693 Right to notice of proceedings after, 4 : 945 Time for In divorce proceedings, 4 : 183

In general, 4 : 163 Waiver of summons by, 4 : 162, 171 What constitutes, 4 : 945

Application

Of payment or performance in general, 3 : 727 Appointment

Buying appointment to oflSce, punishment of, 5 : 96 Employees, of, see Employees

Receiving reward for, punishment of, 5 : 95 Appraisement

See Estates of Decedents

Argument

Demurrer to information, time for hearing argument, 6 : 254 Number of counsel who may argue criminal cause, 6 : 390 Reserving case for, 4 : 541, 542

Trial, on, see Tmal

Arms

Assault with deadly weapon, punishment, 5 : 346 Carrying on or about person, when unlawful, 5 : 871-872 Carrying without authority of law, punishment. 5 : 876 Discharging firearms upon streets or highways, punishment, 5 : 602 Drawing deadly weapon in threatening manner, 5 : 604 Hunting, see Hunting

Mailing of firearms, p. 931, sec. 361 Permits to have and carry, granting, 5 : 873 Permits to hunt, granting and revocation, 5 : 874 Search of arrested person for weapons, judge or magistrate may direct, 6:780

Taking weapons from person arrested, 6 : 96 Army

Civilian employees who die in Canal Zone, disposition of remains, p. 891,

sec. 916

Control of Panama Canal and Canal Zone in time of war, 2 :

1048
INDEX

Army—Continued

Couits-iiiartial, powers not affected by criminal code. 5 : 11 Government employees as reserve officers, leave, p. 891, sec. 371

Military survey, injury to boundary or survey monuments, 5 : 833 Panama Canal appointees or employees in military service, deduction from

compensation, 2 : 82 Unlawful purchase of military property, punishment, 5 : 787 Arraignment

Answer upon By motion, demurrer, or plea, 6:232

Time allowed, 6:231

Bench warrant

Directing issuance on failure of defendant to appear, 6 : 224 Form of, on information, 6 : 226

Issuance, 6 : 225

Service in cither division, 6 : 227 Bringing defendant before court, if in custody, 6:223

Counsel, assignment for defendant, 6 : 228 Judgment, arraignment of defendant for, 6 : 492 Made how, 6 : 229 Name, directing defendant to declare true name, 6 : 230

Necessity of, 6 : 221 Presence of defendant, 6 : 222 Time allowed for answer, 6 : 231 Arrest

See Bail ; AVarrant of Arrest

Assistance may be summoned by person mailing, 6 : 87 88 Attorney may visit defendant, 6 : 12 Authority, arrest without, a misdemeanor, 5 : 173

Bail, see Bail

Bail may arrest defendant for purpose of surrender, 6 : 612 Breaking doors or windows in effecting, 6 : 94, 95, 101

Civil actions, in, see separate subhead, infra Customs officers, by, 2 : 66 Day or night, when may be made in, 6: 90

Defined, 6:81

Delay in taking person before magistrate, a misdemeanor, 5 : 174 Duty of officer arresting with warrant, 6 : 98 Duty of private person who has made, 6 : 97 Escape or rescue, rearrest after, 6:100, 101 Fugitive from State or Territory, of, 6 : 863 How made, in general, 6:82, 91 Judgment, arrest of, see Arrest of Judgment

Means authorized where person flees or resists, 6:93

Oral order for, for offenses in presence of judicial officer, 6 : 86

Private person may make, when, 6 : 85 Receipting for property taken from arrested person, 6 : 826 Refusal of officer to make, punishment, 5 : 172 Refusing to aid officer in, punishment, 5 : 175

Resisting officer in discharge of duty, punishment, 5: 178

Restraint, amount of allowable, 6:11, 82 Restricted to declared crimes, 5 : 6 Time when arrest may be made, 6 : 90 Warrant

Arrest without

By peace officer, grounds for, 6 : 83 By private person, 6 : 85 Taking defendant before magistrate, 6 : 97, 99 Duty to show warrant, 6 : 92 Execution in either division or subdivision, 6 : 89

In general, see Warrant of Arrest Weapons

Search of arrested person, judge or magistrate may direct, 6 : 780 Taking from person arrested, 6 : 96

43803—34 67 1049
INDEX

IN crVTL ACTIONS Arrest—Continued

Affidavit for Delivery to marshal and defendant, 4 : 296

Requisites, 4:293

Bail, see Bail

Contempt, person charged with, 4 : 1167 Custody of defendant, 4 : 297 Discharge of persons imprisoned on civil process, 4 : 1121-1132

Escape, liability of marshal, 4 : 313

Execution, arrest on, 4 : 583, 5S5 Exemption from, of prisoner discharged from arrest, 4:1129, 1131

Filing order of arrest, return and copy of undertaking, 4 : 304

Forcible entry and detainer, in, 4 : 1149 Grounds for, 4 : 292 Judgment debtor, of, 4 : 5S3, 585 Limitation on right of, 4 : 291

Magistrate's court, in, 4 : 731-735 ; see Magistrates" Courts

Jlotion to vacate, 4 : 315 Order for Delivery to marshal and defendant, 4 : 296 Execution of, 4 : 297 Form of, 4:295

Undertaking of plaintiff, 4 : 294 Vacation of, 4 : 315, 316 When may be made, 4 : 293, 295

Privilege of witness from, 4 : 2144 Supplementary proceedings, arrest of debtor when ordered, 4 : G22 Support to prisoner, plaintiff must furnish, 4 : 1132 Undertaking for costs and damages, 4 : 294, 732 Vacating arrest, 4 : 315, 316

Witnesses, of, see Witnesses

Arrest of Judgment

Court may order, without motion, 6 : 462 Defendant, when to he held or discharged, 6 : 464

Effect of allowing motion, 6 : 463, 464

Failure to state cause of action, for, 6 : 260 Grounds for, in general, G : 461

Jurisdiction, objection to may be taken in, 6:260

Motion for, definition and time to make, 6 : 461 A rsonBurning property not subject of arson, punishment, 5 : 803 Conspiracy to commit, overt act not necessary, 5:82

Definitions Arson, 5 : 641 Various terms concerning arson, 5 : 642 Degrees of, 5 : 643 Murder in perpetration of, degree, 5 : 253 Punishment of, 5 : 644 Art

Injuring works of, punishment, 5 : 834 Assault

Administering poison with intent to kill, 5 : 302

Caustic chemicals, with, punishment, 5:345

Deadly weapon

Assault with, punishment, 5 : 346 Drawing in a threatening manner, 5 : 604

Definition of assault, 5:341

Felony other than murder, assault with intent to commit, 5:311. 312

Magistrate, in presence of, requiring security, 6:50

Murder, witli intent to commit, punishment, 5 : 301

Officer, by, under color of authority, punishment, 5 : 176 Punishment of assault, 5 : 342

1050
ItJDEX

Assembly

See Unlawful Assembly

Disturbance of assembly or meeting, punishment, 5 : 593 Right of peaceable assembly, 1 :

Assignation

Letting or keeping house of, punishment, 5 : 456 Assignments

See Transfer

Chose in action Defenses not prejudiced by, ! : 123 May be transferred, 3 : 372 Debt secured by mortgage, of, carries security, 3 : 2246 Mortgage, recording of assignment, 3 : 2244, 2245

Nonnegotiable instrument, transfer of, 3 : 713

Obligations

Burden of, not transferable without consent, 3 : 711 Rights arising out of, are transferable, 3 : 712

Oral, transfer may be when, 3 : 451

Possibility cannot be transferred, 3 : 442 Products of the mind, 3 : 383 Property of any kind may be transferred, 3 : 441 Reentry, right of, may be transferred, 3 : 443 Retirement moneys not subject to, 2 : 106 Tenant, by. effect of assigning or subletting, 4 : 1143

Transfer, see Transfer

Assignments for Creditors

Accounting by assignee, 3 : 2789 Acknowledging. 3 : 2780. 2781 Bond of assignee, 3 : 2787

Cancelation or modification of, consent of parties necessary, 3:2793

Change of possession not necessary on, 3 : 2762 Claims of creditors, how presented, 3 : 2788 Compensation and expenses of assignee, 3 : 2791 Debts which assignment may provide for, 3 : 2778 Dividends to creditors, 3 : 2788

Election of assignee, 3 : 2773 Exempt property and life insurance does not pass, 3 : 2790

Form and requisites of, 3 : 2771, 2772, 2780

Insolvency defined, 3 : 2776

Insolvent debtor may make. 3 : 2771

Inventory, filing, 3:2783-2786

Liability of assignee for acts done in good faith, 3 : 2792 Marshal

Assignments to be made to. 3 : 2772 Duty to hold property, 3 : 2773 Fees and expenses of, 3 : 2774

Liability of, on oflScial bond, 3 : 2787 Transfer to elected assignee by, 3 : 2773, 2780 Meeting of creditors, 3 : 2773

Nonresidents, by, 3 : 2777 Powers and duties of assignee, 3 : 2775

Preferences, right to make and effect of, 3 : 2777, 2779

Recording, 3 : 2780, 2781, 2785, 2786 Rights and title of assignee, 3 : 2782 Secured creditor, rights of, 3:2788

Trust company as assignee, 4 : 1281

Void, when, 3 : 2779, 2781, 2786

Writing, must be in, 3 : 2780, 2781 Associates

May sue or be sued under common name, 4: 144 Attachment

Affidavit for Amendment of, 4 : 373 What to contain, 4:352

Balance due, how collected, 4 : 366, 367

1051
ttJDEX

Attachment—Coutinued

Claim of property by third person, 4 : 364

Contents of writ, 4 : 354 Debts or credits due or belonging to defendant, of, see Garnishment,

this subject

Discharge

Application for, 4 : 371 Grounds for, 4 : 371, 373 On judgment for defendant, 4 : 368

Opposition by affidavits or other evidence, 4 :372 Estate, attachment of interest in personalty belonging to, 4 : 376 Examination of defendant on oath, 4:360

Execution of writ, 4 : 356 Exempt, what property is, 2 : 106 ; 4 : 590 Form of writ, 4 : 354 Garnishment

Citing garnishee to appear, 4 : 360

Collection by marshal of debts or credits attached, 4 : 362

Disposition of proceeds of debts or credits attached, 4 : 365 Examination of garnishee on oath, 4 : 360

Liability of garnishee, 4 : 359 Manner of attaching debts and credits, 4: 356, 358 Memorandum of debts and credits, garnishee to give, 4 : 361 Ordering property delivered to marshal, 4 : 360 Right to attach debts due defendant, 4: 355

Service on garnishee, 4 :356, 358 Goods for which negotiable document of title has issued, of, 3:1019, 1161

Instructing marshal what to attach, 4 : 358 Inventory of property attached, 4 : 361 Judgment for defendant, proceedings in case of, 4 : 368 Judgment for plaintiff, how satisfied, 4 : 365 Lien of attachment

On personal property, 3 : 2316 On real proiierty, 4 : 357

Magistrate's court, attachment in, 4 : 741-744 ; see Magistuates' Courts

Manner of attaching property, 4 : 356 Mortgaged personalty, of, 3 : 2268-2270 Ordering property deliverd to marshal, 4 : 360

Perishable property

Proceeds of, 4 : 365

Sale of, 4 : 362 Personal property

Attachment pending administration, 4 : 376 How attached, 4:356

Real property

How attached, 4 : 356 Lien of attachment on, 4 : 357 Release of attachment on, 4 : 374, 375

Release of On real property, 4 : 374, 375 Proceedings for, 4:369, 370

Release of property on judgment for defendant, 4 : 368 Return of inventory witli writ, 4 : 361 Return of writ, 4 : 374

Sale of property

Under execution, 4 : 365 Where interests of parties require, 4 : 363

Stocks, of, 4 : 355, 356 Surplus remaining, delivery of to defendant, 4:366

Time to issue, 4 : 351 Undertaking of defendant For release of attachment, in general, 4 : 354, 369, 370

Justification of sureties, 4 : 370 When suit may be brought on, 4 : 367

]052
INDEX

Attachment—Continued

Undertaking of plainttiff

Amendment of, 4 : 373

Disposition on judgment for defendant, 4 : 3G8 Exception to and justification of sureties, 4:353

Generally, 4 : 353 What writ to state, 4:354

When and in what oases may issue, 4:351

Attempts to Commit Crime

Commission of crime in attempting another crime, 5 : 43 Conviction of, on trial fur offense, 6:414

Extortion, attempt by verl)al tlireats, 5:687

Former jeopardy as i)ar to prosecution for, 6:278

Murder, attempt to commit, punishment, 5 : 301, 302

Prosecution for attempt though crime actually committed, 5 : 42 Punishment in general, 5 : 41 Kohbery, boarding train with intent to rob, 5 : 294 Train wrecking, attempt to connnit. a felony, 5 : 303 Attorneys

Admission to practice, 4 : 41 Advertising one's self as, when not admitted, 5 : 223 Appointment of substitute in case of death or suspension, 4 : 51 Arrested person, right to visit, 6:12

Assignment for defense before arraignment, 6 : 228 Authority of, 4 : 48 Bonds tiled in court, attorneys not accepted as sureties on, 4 : 45 Buying demands or suits, a misdemeanor, 5 : 222

Certificate of admission, 4 : 42 Change of, 4:49-51

Compensation to be reasonable, 4:65

Deceit or collusion by, punishment, 5 : 221 Defendant, right to counsel in criminal action, 1:1; 6 : 14 228 Delaying suit by, punishment, 5 : 221 Duties of, generally, enumerated, 4 : 47 Embezzlement, when guilty of, 5 : 663

Ethics, code of, governing attorneys, 4 : 47 Fees of Attorneys for infants, 4 : 1823

In administering estates and probating wills, 4 : 1565, 1568

Reasonable, to be, 4 : 65 Number who may argue cause, 6 : 390

Oath, 4 : 43

Privileged communications between attorney and client, 4 : 1904

Public defender, apix)intment, compensation, and duties, 7 : 43 Receiving money or allowance wrongfully, punishment, 5 : 221 Removal or suspension

Accusation, requisites of, 4 : 54, 55 Answer to accusation, 4 : 57-60 Appearance after accusation, 4 : 57

Citation to answer accusation, 4 : 56 Court to take proceedings when, 4 : 53 Demurrer to accusation, 4 : 59

Disqualified attorney as plaintiff, 4 : 64

Effect of judgment of removal or suspension, 4 : 63 64 Grounds for, 4 : 52 Judgment, 4 : 61. 63

Objection to or denial of accusation, 4 : 58 Proceedings for, in general, 4 : 53 Reference to take depositions, 4:62

Trial of accusation, 4 : 61 Representing one's self as, when not admitted, 5 : 223 Right to visit prisoner, 6 : 12

Roll of attorneys, 4 : 44

Service of notices and papers on, 4 : 941, 942, 946

1053
lUDEX

Attorneys—Continued

Stipulations of, 4 : 48 Who may conduct litigation, 4 : 46

Witnesses, as, 4 : 1904 Auctions

Mock, obtaining money or property by, 5 : 699

Sale by, how effected, 3 : 1001 Automobiles

See Highways ; Motor Vehicles

Baggage

Carrier's liability for baggage of passenger, 3 : 14S1

Control of passenger's baggage for customs purposes, 2 : 61 Lien of innkeepers, 3 : 1201

Sale and disposition of proceeds of unclaimed baggage, 3 : 1202

Sale of baggage for storage, 3 : 1137

Bail See Arrest

Admission to By officer in charge of police station, 6 : 564

Defiiied. 6:541

In other division or subdivision, 6 : 548-550

After verdict or finding of guilt. Supreme Court may regulate, p. 983,

sec. 723a Appeal on

Provisions applicable to, 6 : 592 Right to, 6 : 545 Supreme Court may regulate allowance, p. 983, sec. 723a Terms of, 6 : 546 Who may admit to, 6 : 591

Civil actions, in, see separate subhead, infra Commitment, on, turning undertaking over to district court, 6 : 150

Conviction, before Right to, 6 : 543, 544 When and for what purposes given, 6 : 546 Death, offense punishable with, when bailable, 6:543

Deposit in lieu of Acceptance by officer at police station, 6 : 564

Application to fine and costs, 6 : 604

Disposition if surplus unclaimed, 6 : 604

Disposition in case of forfeiture, 6 : 625

Forfeiture, 6:621

Issuance of certificate of deposit, 6 : 602 Making deposit after bail given, 6: 603 Refunding

On arrest of judgment, 6 : 464 On commitment of defendant to asylum, 6:815

On dismissal of action, 6:794

On surrender of defendant, 6:613

On sustaining of demurrer, 6 : 258

Riglit to make, 6:601

Turning over to district court on commitment, 6:150

Discharge of defendant on allowance, 6:575, 592

Discretionary, notice to district attorney, 6 : 547

District attorney, notice to Of application to reduce, 6 : 582 When hail discretionary, 6 : 547

Excessive, not to be required, 1:1; 6 : 542 Exoneration of By deposit, 6 : 603 By surrender of defendant, 6 : 611, 612 On arrest of .iudgnient, 6:464

On commitment of defendant to asylum, 6:815

On dismis-sal of action, 6 : 794 Wliere demurrer sustained, 6:258

Failure to give, procedure on, 6 : 550, 563

1054
INDEX

Bail—Continued

False personation in giving, punishment, 5:691

Forfeiture of Discharge on satisfactory excuse. 6 : 622

Disposition of forfeited deposit, 6 : 625

District attorney to prosecute action for, 6:17

Enforcement by action, 6 : 623 Entry on failure of defendant to appear, 6 : 621 Execution on summary judgment against sureties. 6:624

Form of, 6 : 572. 592, 637

Fugitive from State or Territory, when admitted to, 6 : 865 Habeas corpus, bail on. 6 : 741, 742

Increase of, ordering, 6 : 582 Information, before, on being held to answer, 6 : 546, 571-575

Information, upon

Continuation of bail previously fixed, 6 : 581

Fixing, increase, or reduction, 6 : 582 Time of admission to, 6 : 546

Justification by sureties, 6 : 574, 592

Offenses bailable Before conviction, 6 : 544

Death, punishable by, when bailable, 6 : 543 Preliminary hearing For appearance at, 6 : 546 Upon being held to answer, 6 : 546, 571-575 Purposes for which may be given, 6 : 546

Qualifications of sureties, 6 : 573, 592 Recommitment after Arrest in either division or subdivision, 6 : 633 For failure to appear for judgment, 6 : 634 Order for, 6:631

Readmitting to bail, 6 : 635-637 Reduction of, ordering, 6 : 582 Right to Offenses bailable before conviction, 6:543, 544 On appeal, 6 : 545 Supreme Court may regulate, p. 983, sec. 723a Surrender of defendant, 6 : 611-613 Taking of, defined, 6 : 542

Trial in magistrate's court, for appearance for, 6 : 546, 561-564

IN CIVIL ACTIONS

See Arrest ; Indemnity

Acceptance or rejection by plaintiff, 4 : 304 Allowance of, 4 : 308

Conditions of, 4 : 299 Contempt, bail by person arrested for, 4:1166, 1168, 1173 Deposit in lieu of How applied or disposed of, 4 : 312 Payment into court, 4 : 310 Right to make, 4 : 309

Substituting bail for, 4 : 311 Discharge of defendant on giving bail or deposit, 4 : 298 Discharge of person imprisoned on civil process, 4 : 1121-1132 Exonerated how, 4 : 300, 301, 303 How given, 4 : 299 How proceeded against, 4 : 302 Indemnity in legal proceedings, sureties on, called bail, 3 : 2049

Justification, 4:305-307

Marshal's liability as bail. 4 : 313, 314 New undertaking when other bail given, 4 : 305

Proceedings against on failure to pay judgment, 4 : 302

Qualifications of, 4 : 306

Reduction. 4 : 315, 316

Retention of original undertaking by marshal. 4:304

Surrender of defendant in exoneration, 4 : 300, 301 1055
INDEX

Bailment

See Depositaries ; Deposits ; Garages ; Hiring ; Loan ; Motor Vehicles ; Pledge ; Warehousemen

Embezzlement, bailee guilty of when, 5 : 665 Lien for services upon or keeping of personalty, 3 : 2311-2313 Banks

Checks, see Checks ; Negotiable Instruments

Conservation act, p. 892. sees. 201-211 Embezzlement, banker when guilty of, 5 : 663 Hoarding, foreign exchange, etc., regulation in emergency, p. 891, sec. 95a

Insolvent, receiving deposits in, punishment, 5 : 756

Letters of credit, see Lettters of Credit

Lien, banker has, 3:2315

Organization of corporations to engage in banking, p. 892, sees. 611-632 Bastards

See Leigitimacy

Battery

Definition and punishment, 5 : 343, 344 Bawdy-Houses

See Prostitution

Beggars

Children, using as, 5 : 442

Habitual, punishment of, 5 : 603 Bench Warrant

Form of, 6 : 226, 490 Issuance on failure to appear For arraignment, 6 : 224, 225 For judgment, 6:488, 489

Service of, 6 : 227, 491 Bequests

See Wills

Bicycles

Taking for temporary use, punishment, 5 : 784 Bigamy

Definition, 5 : 411 Former spouse missing or marriage annulled, effect, 5 : 412

Jlarrying spouse of another, punishment, 5 : 413 Proof of marriages on trial for, 6 : 377 Punishment of, 5 : 411 What marriages void, 3 : 53 Witnesses, competency of spouses as, 6 : 672

Bills and Notes

See Brrxs of Exchange; Negotiapj-e Instruments; Promissory Notks

Bills of Attainder Enactment forbidden, 1 :

Bills of Exceptions

See Exceptions

Bills of Exchange

See Negotiable Instruments

Acceptance Date of, insertion where omitted, 3 : 2333

Defined, 3:2501, 2591 Dishonor by nonacceptance. 3 : 2526-2529 Drawee not liable before, 3 : 2492 For honor, 3 : 2541-2550

In general, 3:2501-2511

Liability of acceptor, 3 : 2403

Liability of acconunodation acceptor, 3 : 2356 Presentment for, 3 : 2521-2526 What acceptor admits, 3 : 2403

Addressed, may l)e to drawees jointly, 3 : 2493 Assignment of fund, is not, 3 : 2492 Consideration for, presumption of, 4:2007

Defined, 3 : 2491

Definitions of terms affecting, 3: 2591

1056
INDEX

Bills of Exchange—Continued

Delivery, meaning of, 3:2591

Discharge of, 3 : 24S1-24S7 Dishonor

By uonacceptance, 3 : 252G-2529

Notice of, 3 : 2441-2470 Drawees, addressed to several, jointly, 3 : 2403 Drawing draft on banlc witli insufficient funds, 5-728

Foreign

Defined, 3:2494

Necessity of protest, 3 : 2470, 2531 Waiver of protest, 3 : 2463

In sets, 3 : 2571-2576

Indorsement, meaning of, 3:2591

Inland, defined, 3 : 2494 Joinder of parties in action on, 4 : 139

Liability, primary and secondary, 3:2592

Payment for honor, 3 : 2561-2567 Presentment For acceptance, 3 : 2521-2526 For payment, 3 : 2421-2439 Primary and secondary liability on, 3 : 2592 Promissory note, may be treated as, when, 3 : 2495

Protest ^f*^o^- Pi^esentment to acceptor for honor or i-eferee in case of need

o '. 204 1

*

In

'" ene?? 3 ^2^ ^^^^-^ ^"^ dishonored by acceptor for honor, 3 : 2550 Not required except in case of foreign bills 3 • 2470

Referee in case of need, 3 : 2496, 2547 2549

Bills of Lading

Act of 1916

Application to shipments wholly within Canal Zone 3-1436

Text of act, p. 999, sees. 81-124

Bills of Particulars

Delivery of copy of account on demand, 4 : 253

Magistrate's court, in, 4 : 786

Bills of Sale See Grants

Interpretation of, 3:461-466

Term grant includes, 3 : 454

Transfer in writing is called, 3 : 454

Birds

See Animals ; Hunting

Protection of birds and their nests, 2:291-293

Board of Health

See Health

Issuance of licenses to practice healing art, 2 : 372 Board of Local Inspectors

See Inspection of Vessels Boats

See Inspection of Vessels; Vessels

Bodies

See Dead Bodies ; Cemeteries

Boilers

Inspection, see Inspection of Vessels

Mismanagement of steam boilers causing explosion, 5 : 521-523

See Suretyship; Undertakings

Administrators', see Executors and Administeatoks

Affidavit of sureties, 4:963

Appeal to district court, on, 4 : 885, 886 Attorneys as sureties on bonds filed in court, 4 • 45

Bail, see Bail

Clerk to copy in appropriate book, 4 : 966

1057
INDEX

Bonds—Continued

Corporations as sureties, 4 : 962-964

Deposits in lieu of, 4 : 965

Executors, see Executors and Administrators

Government or officer need not give in action, 4 : 968 Guaranty, see Guaranty

Guardians', see Guakdian and Ward

Indemnity, see Indemnity

New, requirement where sureties become insufficient, 4 : 963

Particular proceedings, in, see particular subject Sureties on, see Suretyship

Time to file, extension of, 4 : 960 Undertakings, see Undertakings

Books

As evidence, 4 : 1968

Inspection of, see Inspection of Writings

Law, presumed correct, 4 : 1926, 2007 Obscene books

Information for selling, 6 : 205

Offenses respecting, 5 : 451—454 Presumptions as to books, 4 : 2007 Borrowers

See Hieing; Loan

Boundaries

Canal Zone, of Convention with Panama to establish, p. 848 Establishment by organic act, 2 :

Modification in respect to Paitilla Point reservation, p. 998, sec. 1304u Convention with Panama to establish, p. 848

Divisions of district court, of. President to determine, 7 : 22 Monuments or markers, injury to, 5 : 832, 833 Towns and subdivisions of Canal Zone, of, 2:4

Boxing Exhibitions

Permitted under regulations, 5 : 606 Breach of Peace

See Disturbing Peace; Pe:ace

Definition and punishment, 5 : 602, 603 Regulations respecting

Authority of President to promulgate, 5 : 591 Punishment for violation, 5 : 592 Breach of Promise

To marry, damages for, 3 : 2658 Bribery

Buying appointment to office, 5 : 96

Definition of term bribe, 5 : 5 Executive officer Asking or receiving of bribe by, 5 : 93 Giving or offering bribe to, 5 : 92

Judicial officer Asking or receiving of bribe by, 5 : 93 Giving or offering bribe to, 5 : 121 Telegraph or cable operator, punishment, 5 : 854 Witness

Giving or offering bribe to, 5 : 166 Taking or offering to take bribe by, 5 : 167 Bridges

Burning of, 5 : 823

Malicious injury to, 5 : 822, 826 Receiving compensation for use, without authority, 5 : 531 Brokers

See Agency

Authority to be in writing when, 3 : 886

Einbozzlemont, when guilty of, 5:663

False statement to principal, punishment, 5: 700 Permit to sell securities, 3 : 244, 245

1058
INDEX

Buildings

Burniug building not subject of arson, punisliment, 5 : 803

Fixtures, are, 3 : 257 Lease by or to Government, p. 986, sees. 40a, 303b

T, „?^^^^"^ ^^Sns on public buildings, 5 : 843

Bullfighting

Offenses respecting, 5 : 608 Burden of Proof

I'resumption of innocence, 6 : 363 ^yho bas, in general, 4 : 2031, 2032 ; see Evidence

BurglaryConspiracy to commit, overt act not necessary, 5 : 82

Defined, 5 : 651 Degrees of, 5 : 652

Murder in perpetration of, degree, 5:253

Nighttime defined, 5 : 653

Possessing or making burglarious instruments. 5 : 655 Punishment of, 5 : 654

BurialSee Cemeteries

Bur^n^°^^^

^^' ^^^^ provided for by public administrator, 4 : 1704 See Aeson ; Fikes

Business

Regulations concerning carrying on, 2: 401, 402 Business Days

See Holidays

What are. 3 : 8 Business Operations

Of Panama Canal, see Panama Can\l

Cables

See Carriers of Messages

Altering message, 5 : 856 Bribing operator to disclose message, 5 : 854

Disclosing contents of message, 5 : 855 Failure to send or deliver message, 5: 851 Fraudulently obtaining or using message, 5 : 853 Injury to telegraph cable markers, 5:832

Licenses for landing or operating, p. 996, sees 34-^9 Opening or fraudulently obtaining message of another 5 • 857 Operator using information derived from message 5 • 852 Calendars ' ' District court, of, see District Court

Canals

See Panama Canax

Irrigation and other canals, injuries to, 5 : 837, 838 Canal Zone

Additional lands

Acquisition of, 2:3

Grant to United States by Panama, p. 840, art 2 Adjunct of Panama Canal, status as, 2 : 7 Army control in time of war, 2 : 8 Boundaries of Convention with Panama to establish, p. 848 Establishment by organic act, 2 : 2

Modification in respect to Paitilla Point reservation, p. 998, sec 1304a Business, trades, or occupations in, regulation 2 • 401 402 Census of, p. 892, sec. 201 Colombia

Citizens of, crossing Canal Zone, p. 864, art. 1 Products of, admission to entry without duty, p 864 art 1 Control by Governor, 2 : 7

' Customs service, see Customs Service

1059
I2JDEX

Canal Zone—Continued

Deportation

Of persons from, 2 : 141 Return of persons deported, punishment, 2 : 142 Establishment and designation, 2:2

Exchange of land, 2 : 3 Exclusion of persons, 2 : 141 Funds, see Accounting; Finance; Public Moneys

Government of By President through Governor and others, 2 : 5 Criminal actions prosecuted in name of, 6:5

Criminal processes to be in name of, 6 : 6 Duties of Governor respecting civil government, 2 : 7

Fines, debts, and forfeitures accruing to, district attorney to recover. 6:17

Funds, see Accounting; Finance; Public MoNETi's In general, see Government

Legal proceedings for, district attorney to conduct, 7 : 38 Grant to United States by Panama, p. 840, art. 2 Importation of articles or merchandise, see Customs Service

Islands witliin limits, grant to United States, p. 840, art. 2 Licenses in, see Licenses

Liquors, transit through, p. 862

Officers of In general, see OFFicinjs

Survival of actions against, p. 984, sec. 780

Postal service, see Postal Service

Private property rights in, appraisal and settlement of damages to, p. 841, art. 6. Public lands, 2 : 301-304 ; see Public Lands

Purchase of supplies for use in, without advertising, 2 : 351 Right of persons to enter, remain upon, or pass over, 2 : 141 Rights and authority within, grant to United States, p. 841, art. 3 Taxes in, see Taxes

Towns and subdivisions of Establishment authorized, 2 : 4

Magistrate's court in each town, 7 : 1 Revocable licenses for lots in town sites, 2 : 304 Waters of Access to Colon harbor through, p. 854, art. 7 Anchorage and movement of vessels in time of emergency, 2 : 12 Grant of use to United States, p. 841, art. 4 In general, see Waters

Inspection of vessels navigating, see Inspection or Vessels

Regulation of navigation, 2 : 9 Cancelation See Rescission

Extinction of contract by, 3 : 963, 964

Instruments, of, in general, 3 : 2731-2733

Will, of, 3 : 539, 540 Candy

Adulterating or selling adulterated candy, 5 : 543 Carelessness

See Negligence

Caricatures

Publication of, punishment, 5 : 363

Carriers See Carriers of Goods ; Carriers of Messages ; Carriers of Passengers

Common, who are, 3:1471

Componsatifm of common carriers, 3 : 1473 Contract of carriage defined, 3 : 1391 Damages lor not receiving freight, messages, or passengers, 3:2654

Delay, damages for, 3 : 2656

Einbezzloment. when guiltv of. 5:604

Gratuitous, obligations of.' 3 : 1394-1401. 1431

1060
ItfDEX

Carriers—Continued

Insurable interest, have, 3 : 1883 Kinds of, 3: 1392

Liabilitj' of For injuries to employees, p. 989, sees. 52-59 General rule, 3: 3491 Limiting liability, 3 : 1474-1477, 1494 Marine carriers, provisions inapplicable to, 3 : 1393 Overcharges by agents, punishment, 5:688

Reward, carriers without, obligations, 3:1394-1401

Carriers of Goods

Baggage, see Baggage

Bills of lading, see Bills of Lading

Care and diligence required of carrier, 3 : 1431 Connecting carrier, proof by initial carrier in case of loss, 3 : 1490 Damages for breach of obligation to deliver, 3 : 2655

Definitions, 3 : 1421 Delay

Damages for, 3 : 2656

Liability for, 3 : 1493

Delivery Not accepted, rights and duties of carrier, 3: 1436 Not made, obligations of carrier, 3 : 1435 Of freight, place and manner of, 3 : 1434 To connecting carrier, 3 : 1495

Directions of consignor or consignee, obedience to, 3 : 1432, 1433 Exemptions do not excuse if negligent, 3 : 1492 Freightage

Apportionment of, 3 : 1455-1457 Lien for, 3:1459

On carriage farther or more expeditiously than agreed, 3:145S

Payable by whom, 3 : 1452, 1453 Payable when, 3 : 1451

Letters containing valuables, loss of, 3 : 1477

Liability, extent of generally, 3 : 1491

Lien, 3:1459

Limitation of liability, 3 : 1474-1477, 1494

Notice of arrival, duty to give where not delivered, 3 : 1435

Obligations of In general, 3 : 1431-1436 To accept freight, 3 : 1472

Services of, other than of carriage and delivery, 3 : 1497 Warehouseman, carrier when liable as, 3 : 1435, 1436

Carriers of Messages

See Cables ; Telegraphs ; Telephones

Common carriers, who are, 3 : 1471 Damages fur breach of obligation to accept, 3 : 2654 Degree of care and diligence required of, 3 : 1461 Carriers of Passengers

Baggage

Control of, for customs purposes, 2 : 61

Liability for, 3 : 1481 Care required of gratuitous carrier, 3 : 1401 Duties of carriers of persons, in general, 3 : 1411-1415

Ejection of passengers, 3 : 1484, 1485

Fares, when may be demanded, 3 : 1483

Liability, how excused, 3 : 1491

Limitation of liability, 3 : 1474-1476 Radio equipment on ocean-going vessels using ports, 2:361, 362 Rate of speed, and delays, 3 : 1415 Refusal to receive passenger, punishment, 5 : 375 Rules and regulations, authority to make, 3 : 1482

Tickets

Counterfeiting, 5 : 739 Evaluation in larceny, 5 : 776 Larceny of where completed but not delivered, 5 : 777 1061
INDEX

Carriers of Passengers—Continued Treatment of passengers, 3 : 1414

Vt hides Not to be overcrowded, 3 : 1413 To be tit and safe, 3 : 1412 Cause of Action

See Actions

Caustic Chemicals

Assault with, punishment, 5 : 345

Federal caustic poison act, p. 893, sees. 401-411 Cemeteries

BodiesInterment elsewhere than in cemetery, 5 : 484

Multilation of, punishment, 5 : 481 Removal of bodies or parts thereof, punishment, 5: 481, 482 Defacing tombs or monuments, punishment, 5 : 483

Injuring shrubbery, fences, etc., punishment, 5 : 483 Census

Canal Zone, of, p. 892, sec. 201

Certificates See Certified Copies

Acknowledgments, see Acknowledgments

Copies, to, what to state. 4 : 1949

Evidence, as, see Evidence

False, by pul)lic olRcer, a felony, 5 : 183

Invoices, fee for eertitication by customs officers, 2 : 67 Marriage, of, 3 : 61, 63

Official papers, certification by certain Canal officers, 2:41

Proof of instrument, certificate of, what to state, 3 : 506 Proof of will, of, 4 : 1236, 1237 Recording officers, of, are prima facie evidence, 4 : 1851 Redemption, of, 4 : 604

Seal to, 4 : 25, 1949

Service of summons, of, 4 : 170 When complete under perjury laws, 5 : 147

Certified Copies

See Ceutificates

Custodian of public writing bound to give, 4 : 1921 Form of certificate by public officer, 4 : 1949

Judicial records, of, 4:1931-1933

Seal to be affixed to, 4 : 25, 1949

Certiorari See Revietw, Writ of Challenge

See Jurors; Jury

Chambers

Powers of judge at, see District Judge

Champerty

Punishment of, 5 : 222 Change of Name

See Names

Change of Venue

See Place of Trial

Charge

See Instructions

Charity

Raffies or gift enterprises for, 5 : 477

Restrictions on bequests to, 3 : 559

Chattel Mortgages

Acknowledgment, 3 : 2264, 2265

Affidavit of good fnith, 3:2264

AttacluDeiit of the property, 3:2268-2270

Certification, 3 : 2204, 2265 Execution against the ]n-operty, 3 : 2268-2270 Executor or administrator borrowing money on, 4:1508

Foreclosure, manner of, 3:2267; see Fokeci-osure of IMortgages

10(;:j
INDEX

Chattel Mortgages—Continued

Form of, 3:22G3

Growing crop, continuance on after severance 3 • '>272 Proof of, 3 : 2264, 2265 '

' Property whicli may be mortgaged, 3 • 2'>61 Recording, 3 : 2264. 2265 Removal of property from Canal Zone forl)id(len 3 • '>'^66 SalTof' property'

^"''^''^'' "''^"'^^''^^"^"^ ^^ mortgagor, punishment, 5:697

By mortgagee, manner of, 3:2267

Under process, distribution of proceeds, 3 : 2270

Ship, certain sections not applicable, 3 : 2271

Stock in trade as subject of, 3 : 2262

Transfer, when deemed mortgage, 3:2234

Validity where not made in conformity to law 3 • 2273 Cheat ' See False Personation ; False Pretenses : Fraltd Checks

See Negotiable Instruments

Acceptance, effect of, 3:2585

Assignments, do not operate as, 3 : 2586 Bank not liable until accepted or certified, 3 : 2586

Bills of exchange, rules applicable to, apply to checks, 3 : 2582

Certification, effect of, 3:2584, 2585

Defined, 3 : 2582 Discharge of drawer by delay in presentment for payment 3 • 2583 Drawing with insufficient funds, 5 : 728

^

. • Forgery of, 5 : 721 Making, possessing, or uttering fictitious, 5 : 727 Nonpayment of by bank, damages for, 3 : 2659 Presentment for payment, time for, 3 : 2583 Chemicals

See Drugs ; Poisons

Caustic, assault with, 5 : 345 Children See Infants ; Parent and Child

Choses in Action

Assignment of, not to prejudice defenses, 4 : 123 Buying by attorney, a misdemeanor, 5 : 222

Defined, 3 : 371 Larceny of Evaluation, 5 : 775 Where completed but not delivered, 5 : 777 Presumption as to value of, 3 : 2672

Sales of, statute of frauds, 3 : 984

Subject of embezzlement, 5 : 667

Survival of, 3 : 372 Transfer of, 3 : 372

Circuit Court of Appeals

Appeal to, see Appeal

Appellate jurisdiction, 7 : 61 ; p. 982, sec. 225

Practice and procedure on appeal to, 7 : 62 Settlement of bill of exceptions by, 4 : 527 ; 6 : 443

Citation Probate proceedings, issuance and service in, 4 : 1683-1687

Citizenship

Discretion as to extradition of citizens to Panama, 6 : 882

^. .,^'^<^^\^^ ^^ Virgin Islands residing in Canal Zone, 'of, "p. 889, sec 5b

Civil Actions

See Actions

Civil Code

Construction, rules of, 3 : 4, 5

Definition of terms, 3 : 12

Effective date, 3 : 2

1063
IIJDEX

Civil Code—Continued

Name of 3 :

Not retroactive, 3 : 3, 511, 560, 603 Pending actions not affected by, 3:6

Subordination of certain provisions to intention of parties, 3 : 2601

Civil Procedure

See subject in question

Adoption of suitable procedure where none provided, 4 : 35 Agreed case, see Agreed Case

Argument, see Tbial

Bill of exceptions, see Exceptions

Code provisions applicable to magistrate's court, 4 : 847 Confession of judgment, see Confession of Judgment

Constiniction of code provisions, general rules, 4 : 4

Construction of words and phrases in code, 4 : 7 Costs, see Costs

Definitions of certain terms used in code, 4 :

Deposits in court, see Deposits in Court

Effective date of code, 4 : 2 English language, proceedings to be in, 4 : 34 Error disregarded unless substantial, 4 : 277

Evidence, see E\'idence

Exceptions, see Exceptions

Execution, see Execution

Inspection of writings, see Inspection of Writings

Interpleader, see Interpleader

Issues, see Issues Judgment, see Judgment

Magistrate's court, in, see Magistbates' Courts

Motions, see Motions

Name of code, 4 :

Orders, see OpvDers

Parties, see Parties

Pleading, see Answer ; Complaint ; Cross-Complaint ; Demurreb ; Pleamng

Retroactive, code is not, 4 :

Special proceedings, see Special Proceedings

Time, extension of, power as to, 4 : 275, 960

Trial, see Trial

Witnesses, see Witnesses

Civil Rights

Enumeration of personal and civil rights, 1:1; 3 : 41 Claim and Delivery

Affidavit for Correcting misstatement of value in, 4 : 275 Indorsement requiring marshal to take pi'operty, 4 : 323 Must state what, 4:322

Concealed property, how taken, 4 : 329

Delivery, when may be claimed, 4 : 321 Exception to plaintiff's sureties, 4 : 325

Filing of notice, undertaking and affidavit, 4 : 332 Fraudulent concealment of property by defendant, punishment, 5:231

Judgment, 4 : 544

Justification of sureties, 4:325, 327 Keeping of property by marshal, 4 : 330

Magistrate's court, in, 4:751; see Magistrates' Courts

Possession of personal property, how recovered, 3 : 2691, 2692

Protection of plaintiff in possession of property, 4 : 333

Qualifications of sureties, 4 : 328

Redelivery, when defendant entitled to, 4 : 326, 327

Requisition to marshal to take property, 4 : 323

Service of copy of affidavit, notice and undertaking, 4 : 324 Taking of possession by marshal, 4:324

Third person, claim of property by, 4 : 331

i:itle, effect of judgment on, 4 : 1934

1064
INDEX

Claim and Delivery—Continued

Undertaking

Action on, showing true value, 4 : 275 Of defendant for return of property, 4 : 326 Of plaintiff, 4:324

Verdict in, requisites of, 4 : 484 Claims

See Estates of Decedents

Adverse, 4 : 661-670 ; see Adverse Claim

Convention with Panama

For settlement of claims, p. 856 Modifying claims convention, p. 861 For damages to vessels, et cetera, in passing through locks, 2 : 10 Fraudulent, presenting to public officer, 5 : 102 Clerk of District Court Acknowledgments, may take, 3 : 491

Affidavits, may take, 4 : 2074 Appointment and compensation, 7 : 36 Assignment of duties by district judge, 6 : 842

Assistant clerks, powers respecting deposits in court, 4 : 397 Bonds

Authority of clerk to accept cash deposits in lieu of, 4 : 965 Copying by clerk in appropriate book, 4 : 966 Calendars of pending actions, keeping of, 4 : 436 ; 6 : 311

Depositions, may take, 4 : 2101

Deposits in court, duties respecting, see Deposits in Coxirt Deputy clerks and clerical assistants, appointment and compensation, 7 : 36

Disposition of unclaimed funds by, 4 : 398

Dockets, keeping of, see District Court

Ex-officio registrar of property, as, 4 : 967

Fees, see Fees

Handling of funds deposited in court, 4 : 393-397 Indorsement on complaint by, 4 : 162 Judgment roll, to make up, 4: 547 Judgments, entry of, 4 : 541, 545, 548 Marriage licenses, issuance of, 3 : 61 Marriages, issuance of licenses to perform, 3: 62 Minute books, recording court proceedings in, 4 : 958 Oaths and affirmations, may administer, 4 : 2171 Revenues to be turned over to collector, 6 : 843

Roll of attorneys, to keep, 4 : 44

Service of notices and papers on, 4 : 942, 946 Clubhouses

Altering checks or coupons of, 5 : 741 Coaling Stations

Agreement by Panama to sell or lease sites, p. 847, art. 25 Coast and Geodetic Survey

Injury to boundary or survey monuments of, 5 : 833 Cock Fighting

Offenses respecting, 5 : 608

Codicils See Wills

Coins

Counterfeiting, 5 : 729 ; p. 910, sees. 277, 278

Counterfeiting dies for foreign coins, p. 911, sec. 284

Falsifying, mutilating, or lightening, p. 911, sec. 279 Tokens similar to coins, making, etc., p. 911, sec. 285

Collateral Security See Pledge

Collector of Panama Canal

Accounting by collecting officers of Canal, 2:32

Clerk of court, revenues collected by, to be turned over to, 6*843

Deposit in lieu of bail Turning over to on forfeiture, 6 : 625 Turning over unclaimed surplus to, 6 : 604 93803—.34 68 1065
INDEX

Collector of Panama Canal—Continued

Deposit ^^'ith, where claimant against estate cannot be found, 4 : 1494

Esclieated property, handling of proceeds of, 4 : 1182, 1184, 1185 Estate of decedent distributed to, when, 4 : 1651, 1663, 1664 Fees collected by judicial ofticers, payment to, 4 : 981

Public administrator's commissions to be paid to, 4 : 1715

Stolen or embezzled property, delivery of proceeds to, 6 : 825 Unclaimed court funds, receipt and handling, 4 : 398

Collisions See MoTOE Vehicles

Causing railroad collision resulting in death, punishment, 5 : 524 Colombia

Protocol for exchange of treaty ratifications, p. 866 Treaty with, for settlement of differences, p. 864

Colon, City of Acquisition of property in, right of United States, p. 842, art. 7 Boundary between Canal Zone and, p. 852, art. 5 Canal auxiliaries or employees in, exemption from taxation, p. 843,

art. 10 Freedom from charges on certain vessels, p. 843, art. 9 Harbor of Boundaries of, p. 853, art. 6 Easement for access to, p. 854, art. 7 Public order, maintenance in, p. 842, art. 7 Sanitation, enforcement of, in, p. 842, art. 7 Sewer system and sewerage rates in, p. 842, art. 7 Use of city and harbor by United States, p. 843, art. 9 Water system and water rates in, p. 842, art. 7 Commerce

Offenses against foreign and interstate commerce, p. 932, sees. 381-404 Commissaries

Altering checks or coupons of, 5 : 741 Commission Merchants

See Factors Commissions

For examination of witnesses, see Depositions

Commitment

After preliminary hearing, in general, 6 : 141-143 ; see Preliminary

Hearing

Costs for issuing warrant of, on sentence, 6 : 392

Defective, habeas corpus proceedings on, 6 : 738-741 ; see Habeas Corpus

Defendant under bail appearing at trial, commitment of, 6 : 391

Failure to give bail, on, 6 : 563 Fugitive from State or Territory, of, 6 : 863, 864 Insane defendant, of, to asylum, 6 : 814 Mittimus, furnishing to officer charged with executing judgment, 6 : 511 Recommitment after giving bail, 6 : 631-637 Warrant of, in contempt, 4 : 1165 Common Carriers See Carriers

Common Law

Statutes in derogation of, construction of, 3 : 4 ; 4 : 4 Unwritten law defined, 4 : 1925 Community Property

See Divorce; Husband and Wife

Compensation

Compensatory relief, see Damages

For injuries to employees, see Injuries to Canal and Railroad Employees

Remedy provided by law is, 3 : 2611 Complaint

See Pleading

Action commenced

By filing complaint, 4 : 161 When complaint filed, 4 : 101

Allegations not controverted, deemed true, 4 : 260

1066
INDEX

Complaint—Continued

Amendment of

. In general, 4 : 274, 275 ; see Amendment

Proceedings on, 4 : 213 Annexing written instrument, 4 : 242 Contains what, 4 : 202, 203 Criminal actions or proceedings, in, see separate subhead, infra Demurrer to In general, 4 : 193, 211, 212 ; see Demxjrrhb

Time to amend where demurrer sustained, 4 : 278

Description of real property, in, 4: 254

Fictitious name, when party may be sued bv, 4 : 276

First pleading of plaintiff, 4 : 201 Indorsement of day of filing, 4 : 162

Inspection of instrument where copy annexed, 4: 244 Joinder of actions in, 4 : 204

Magistrate's court, in, see Magistrates' Courts

Material allegations, what are, 4 : 261

Objections to How taken when not apparent on face, 4 : 214 When deemed waived, 4: 215

One form of action only, 4 : 71 Particular actions, in, see particular subject

Pleading, as a, 4: 193 Separate statement of causes of action, 4 : 204

Service with summons, 4: 165 Signature to, 4: 241

Supplemental, when allowed, 4: 262

Variance, amendment, 4: 271, 272

Verification of, 4 : 241 ; see Verification

IN CRIMINAL ACTIONS OR PROCEEDINGS See Information

Affidavit of complaint

Amendment in district court on appeal, 6 : 135 As prerequisite to issuance of warrant, 6 : 72

Requisites, 6: 73 Before magistrate of threatened offense, 6: 41 Compounding

Crime, punishment for, 5: 181 Compromise

See Accord and Satisfaction

Executor, by, 4: 1528 Guardian, authority of, 4: 127

Infant's claim, by parent, 4: 1824

Offenses, of, 6: 801-804

Offer of As evidence, 4 : 797, 911, 2154

Before trial in magistrate's court, 4 : 797 How made, and its effect, 4 : 911 Not an admission that anything due, 4 : 2154 Without seal valid, 4: 1966 Concealment

Insurance, in, see Insurance Of crime

Liability as accessory, 5: 53 Punishment for compounding crime, 5 : 181 Of property by debtor, punishment of, 5 : 231, 232

Conception

Advertising means for prevention, punishment, 5 : 423 Mailing articles designed to prevent, p. 920, sec. 334 Conditional Examination

Of witnesses in criminal actions, 6 : 14, 147, 689--691 ; see Witnesses

Perpetuating testimony of witnesses in civil actions, 4 : 2161-2167

1067
INDEX

Conditional Sales Cases not provided for, rules for, 3: 1085

Definitions, 3: 1061

Disposal of goods by buyer, 3 : 1071

Filing of contracts Manner of, 3: 1068

Place of, 3 : 1066

Filing of statement of satisfaction, 3 : 1070 Fraudulent injury, concealment, removal, or sale of goods, punishment,

3: 1072

Increase of goods, 3 : 1084 Performance of contract, statement of satisfaction after, 3 : 1070 Primary rights

Of buyer, 3 : 1063 Of seller, 3: 1062

Refiling of contracts, 3 : 1069 Removal of goods from Canal Zone

Penalty for fraudulent, 3 : 1072 Without notice, 3: 1071 Resale

At option of parties, 3 : 1077 Compulsory by seller, 3 : 1076

Conditional sale of goods for, 3 : 1067

Deficiency on, 3 : 1079

Proceeds of, 3: 1078 Rights of parties where there is no resale, 3 : 1080

Rescission, provisions in contract for, by seller, 3 : 1083 Retaking of possession by seller Election of remedies, 3: 1081

Failure to comply with law, damages, 3 : 1082 Notice of intention, 3 : 1074 Redemption by buyer, 3 : 1075 Right of, 3: 1073 Risk of loss, 3: 1084

Validity

As to purchasers without notice before filing of contract, 3 : 1065

In general, 3: 1064 Waiver of statutory protection, 3 : 1083 Confession of Judgment

Costs on entry of, 4 : 1103, 1104

Divorce, procedure where bill is taken as confessed, 3 : 114 Entry without action, 4 : 1101

Filing statement and entering judgment, 4 : 1103, 1104

In magistrate's court, 4 : 1104 ; see Magistrates' Courts

In what cases may b6 entered, 4 : 1101 Procedure on, 4: 1102-1104

Conflict of Laws

Contracts, law governing interpretation of, 3 : 912 ; 4 : 1875 Limitation of actions, 4 : 111 Marriages out of Canal Zone valid, 3 : 68

Offense committed out of Canal Zone, 5 : 56, 788

Personalty, law governing, 3 : 361 Confusion of Goods

Ownership of things formed by, 3 : 413-420 ; see Accession

Congress

Proceedings of, how proved. 4 : 1944 Consanguinity

AflBnity, meaning of, 4 : 8 Computed how, 3: 636-641 Marriages void between persons related by, 3 : 53 Consent

Contract, to, see Contracts

Wrong, effect of consent to, 3 : 2837

Consideration See Contracts

Ascertained, how, 3 : 867 1068
INDEX

Consideration—Continueil Burden of proof to show want of, 3 : 871 Executed or executory, may be, 3 : 865

Executory, need not be specified, 3: 866

Existing legal obligation as, 3 : 862

Failure of, rescission for, 3: 952 Good, defined, 3: 861

Illegal in part, effect of, 3 : 864

Impossibility of ascertaining, effect of, 3: 868, 869 Lawful, must be, 3 : 863 Moral obligation as, 3 : 862 Not necessary on voluntary transfer, 3: 432 Presumption of, from writing, 3 : 870 ; 4 : 2007

Separation contract between spouses, for, 3: 136 Voluntary transfer, in case of. 3 : 432 Written instrument presumptive of, 3: 870 Conspiracy

Acts or declarations of conspirator, admissibility of 4 • 1888

Defined, 5 : 81 Information for conspiracy to cheat or defraud, 6 : 204

Offenses against United States, to commit, p. 905, sec 88 Overt act, necessity of, 5: 82 Proof of overt act, 6 : 378 Punishment of, 5: 81

Seditious conspiracy, p. 899, sec. 6 Constables

See Officeks; Peace Officers

Appointment, term, and compensation, 7: 4 Bonds of, rules authorized governing, 7: 6 Duties of, rules authorized governing, 7: 6 Fees for various services including service of process, 4 : 986 987 Oath of, 7 : 5 Peace ofllcers, are, 6: 84 Purchase of, or interest in, judgment, punishment, 5 • 128 Construction

Action to construe writings, see Declaratory Relief

Contemporaneous construction is the best, 3 : 2857

Contracts, see Contracts

Grants, see Grants

Information, words used in, 6 : 188

Interpretation

Giving effect preferred to one making void, 3 • 2863 Must be reasonable, 3 : 2864

Particular expressions qualify general, 3 : 2856

Pleadings liberally construed, 4 : 251

Statutes, see Statutes Words and phrases, see Words and Phrases

Written instruments, see Written Instruments

Constructive

Delivery, 3 : 459

Notice, see Notice

Service, by publication, see Summons

Contempt

Affidavit of facts constituting, 4 : 1164

Affidavit or deposition, refusal to subscribe, 4 : 2046

Arrest and detention of person charged, 4 : 1167 1174

Bail by arrested person, 4 : 1166, 1168, 1173 Criminal act which is also contempt, punishment 5-'>9- 6-496 Detention of person arrested, 4 : 1167 1174 ' " ' Hearing, 4 : 1170 : 5 : 212 Imprisonment until performance, 4:1172

Inspection of writings, disobedience of order for 4 • 901 Judgment. 4: 1161, 11(J2, 1171; 5:211, 212

Judicial officer may punish for, 4 : 32 Mandamus, disobeying, 4 : 1061 1069
INDEX

Contempt—Continued

Misbehavior of officer of court, 4 : 1163 ; 5 : 212 Nonappearance by person arrested for contempt, 4 : 1173, 1174

Officer taking proof of instrument may punish for, 3 : 507

Process, disobedience to

Civil process, 4: 1163 Criminal process, 5 : 212

Process issued at request of Canal officers, 2 : 43 Punishment, 4 : 1161, 1171 ; 5 : 211, 212 Rescue of person or property in custody, 4 : 1163 ; 5 : 212 Return of vparrant and undertaking, 4 : 1169 Supplementary proceedings, disobeying orders in, 4 : 628 Warrants of attachment and commitment, 4 : 1165 What acts constitute, in general, 4: 1161, 1163; 5: 211, 212 What contempts punishable summarily, 4 : 1161 ; 5 : 211 1 Witnesses | Arrest of witness as, 4 : 2145

Disobedience of subpeua as, 4: 1163, 2046; 5: 212; 6: 658 Refusal to be sworn or testify, 4 : 2046 Contest

Probate, of, see Wills

Continuance

Al)sence of evidence or material witness, for 4: 438

Adjournment while jury out, 4 : 471

Affidavit, use to obtain stay of proceedings, 4 : 2071

Costs as condition of, 4 : 1008 Criminal actions Costs for, on motion of defendant, 6 : 392 Pending examination of witness on commission, 6 : 706 Stay of proceedings upon compromise, 6 : 802, 804 When and how ordered, 6 : 322, 792 Depositions For nonreturn of, 4 : 2095 Taking depositions of witnesses on, 4 : 439

Final distribution of estate, hearing for, 4 : 1625

Magistrate's court, in, see Magistrates' Courts

Contraception

Advertisement of means for, punishment, 5 : 423 Contracts Acceptance

By accepting consideration or performing conditions, 3 : 840 Communicated how, 3 : 838 Must be absolute and unqualified, 3 : 841

Obligations, of, by acceptance of benefits, 3 : 845

Offer may be revoked before, 3 : 842 When deemed complete, 3 : 839

Actions on

Actions to construe, see Declaratory Relief

Damages for breach

In general, see Damages

Measure of, general rules, 3:2651, 2653 Must be certain, 3 : 2652

Particular contracts, of, see particular subject

Reasonable only recoverable, 3 : 2675 Enjoining breach, 4 : 342 Parol evidence to affect, admissibility, 4:1874, 1888 Proof of instruments, see Acknowledgments ; Evidence ; Written

Instruments

Relief, specific and preventive, 3:2611

Specific performance of, see Specific Performance

Successive actions on, 4 : 953 Third person may enforce contract for his benefit, i'. :814

Alteration Of duplicate, effect of, 3 : 965 Of parol contracts, how made, ''>

: 961 1070
INDEX

Contracts—Continued

Alteration—Continued

Of written contracts, how made, 3 : 962

Iinautiiorized, extinction by, 8: 9G4

Alternative obligations, 3 : 701-704 Assignments of, see Assignments ; Obligations ; Tbansfeb

Cancelation

Extinction by, 3: 963, 964

Of instruments, 3: 2731-2733 Code provisions subordinate to provisions of contract, 3 : 2001

Conditions in, in general, see Obligations

Consent

Acceptances of benefits equivalent to, 3 : 845 Apparent, when not free, 3 : 823 Communication of, 3: 837-839

Essential to contract, 3: 802

Essentials of, 3: 821 Fraud, duress, mistake, etc Rescission where consent obtained by, 3: 822, 952, 2722 What constitutes, 3: 824-835 When deemed obtained by, 3: 824

In general, 3: 821-845 Mutuality of, 3 : 836

Ratification of contract voidable for want of, 3 : 844

Validity of contracts, in general, see Validity, this subject

Consideration

Ascertained how, 3: 867 Burden of proof to show want of, 3 : 871 Executed or executory, may be, 3 : 865 Executory, need not be specified, 3 : 866

Good, what is, 3: 861, 862

Illegal in part, effect of, 3: 864

Impossibility of ascertaining, effect of, 3: 868, 869 Legal or moral obligation as, 3: 862 Must be lawful, 3: 863 Presumption of from writing, 3 : 870 ; 4 : 2007

Recital of, effect of, 4 : 2006

Rescission for failure of, 3 : 952

Separation contract between spouses, for, 3: 136

Construction of * Actions to construe, see Declaratory Relief

Against promisor or person causing uncertainty to exist, 3 : 920 Circumstances considered, 4 : 1878 Construed in whose favor, 4: 1882 Court confined to terms or substance, 4: 1876 Custom or usage, admissibility of, 4 : 1888

Date, presumption that writing is truly dated, 4: 2007

Effect to be given to every part, 3 : 907 ; 4 : 1876 Expert testimony to decipher characters or translate language 4 : 1881 Explanation by circumstances and subject matter, 3 : 913 Failure of writing to express real intention, 3 : 906

Forfeiture, condition involving, 3 : 699 Giving effect preferred, 3: 2863

Inconsistent words rejected, 3 : 919

In favor of contract, 3 : 909

In general, 3: 902

In sense promisor believed promisee relied, 3 : 915

Intention Ascertained from writing alone if possible, 3 : 905

Failure of writing to express, 3 : 906 Mutual, to be given effect, 3: 902

Of parties to be followed, 4 : 1877 Rules for ascertaining where doubtful, 3 : 903

Joint and several, when presumed to be, 3 : 924, 925 Language of contract to govern, 3: 904

1071
INDEX

Contracts—Continued

Construction of—Continued

Langiiiige relates to place where used, 4 : 1875 Law and usage governing, 8 : 912 ; 4 : 1875 Lawful, operative, definite and reasonable, construed to be, 3:909

Natural right, in favor of, 4 : 1884 Necessary incidents are implied, 3 : 922

Original parts control parts copied from form, 3 : 917

Particular clauses subordinate to general intent, 3:916

Particular expressions qualify general, 3 : 2856 ; 4 : 1877 Question of, is for court, 4 : 2182

Reasonable, must be, 3 : 2864 Reasonable stipulations may be implied, 3 : 921

Recitals in, conclusiveness of, 4: 2006 Repugnancies how reconciled, 3 : 918

Restricting to evident object, 3 : 914

Several contracts taken together, when, 3 : 908 Technical words, 3 : 910, 911 Terms construed according to general acceptation, 4:1879, 1883 Terms having local or technical signification, 4: 1879 Time of performance, wliere none specified, 3 : 923 Uniformity of, whether contract public or private, 3:901

Whole contract to be taken together, 3 : 907 Words to be understood in usual sense, 3 : 910

Writing

Controls printing in, 3:917, 1880 Deemed to contain whole agreement, 4 : 1874

Failing to express intent, 3 : 906

Defined, 3 : 801 Delivery of Provisions of chapter on transfers apply to, 3 : 889 Take effect upon, 3 : 888 Destruction

Extinction by, 3 : 963, 964 Of duplicate, effect of, 3 : 965

Essential elements of contracts, 3 : 802 Executed and executoi-y, are what, 3 : 926 Execution of Distinction between sealed and unsealed instruments abolished, 3 : 890

Necessity of writing, see Statute of Frauds

Seals, see Seals

W^riting supersedes oral negotiations or stipulations, 3 : 887

Express, defined, 3 : 882 Express or implied, contracts are, 3:881

Extinction of By alteration, 3 : 964 By cancelation, 3:963, 964 By full performance by obligor or another for him, 3 : 721 By offer of performance, 3 : 731 ; see Obligations

Manner of, 3 : 941 Of obligations by performance, see Obligations

Forfeiture for noncompliance with terms, I'elief on making full compensation, 3:2612

Implied, defined, 3 : 883 Insurance contracts, validity of, see Insurance

Interest on, see Interest

Interpretation, see Construction, this subject

Novation, 3 : 781-784

Object of

Is what, 3 : 851 Lawful object essential, 3 : 802 Must be lawful, possible and ascertainable, 3 : 852, 854

Restriction of contract to evident object, 3:914

Several objects one of which is lawful, 3:855

What is deemed possible, 3 : 853

1072
INDEX

Contracts—Continued

Obligations Arise from contract or operation of law, 4: 13

Defined, 4 : 13 In general, see Obligations

Offer, revocation of, 3 : 842, 843

Particular contracts, see particular subject Parties to Essential to contract, parties capable of contracting are, 3 : 802, 813 Husband and wife, see HusiSAnd and Wife

Identification of parties, necessary, 3 : 813

Infants, see Infants

Insane persons, see Insane Persons

Married women, capacity to contract, 3 : 134 Tbird person, contract for benefit of, enforcement, 3 : 814 Wbo may contract,. 3 : 811, 812 Performance

Accord and satisfaction, see Accord and Satisfaction

According to directions of creditor, effect of, 3 : 724 Application of general performance, 3 : 727 ; see Obligations

Condition concurrent, of, 3 : 744 Condition precedent, of Offer may be made dependent on, 3 : 744 Pleading and proof, 4 : 256 When necessary, 3 : 696 Delay in and compensation for, 3 : 738

Effect of prevention, 3 : 762. 763 Excused by what acts, 3 : 697, 761 Holiday, when time for falls on, 3 : 10

Joint creditor, to, extinguishes contract, 3 : 723

Joint obligation, performance under direction of one creditor, effect

of, 3 : 724

Joint obligor, by, extinguishes obligation of all, 3 : 722

Offer of performance

Ability and willingness essential, 3 : 741 By whom to be made, 3 : 733 Conditions concurrent, of, when necessary, 3 : 696

Conditions, may be made dependent upon performance of, 3 : 744

Conditions, to be free from, 3 : 740 Custody and care of thing offered, 3 : 749 Delay in and compensation therefor, 3 : 738

Effect of, 4 : 2151

Effect on accessories of obligation, 3: 750 Exonerates surety, 3 : 2134 Extinguishes obligation, 3 : 731 Extinguishes obligation for payment of monev, when, 3 : 746 Manner of, 3 : 739

Objections to, waived if not stated, 3 : 747

Partial offer of no effect, 3 : 732 Production of thing offered not necessary, 3 : 742 Refusal to accept performance before, effect of, 3 : 764 Retention by creditor of thing offered, 3 : 751

Separate, thing offered, to be kept, 3 : 743

Title to thing offered passes, when, 3 : 748 To whom made, 3 : 734 When excused, 3 : 697, 761 When to be made, 3 : 736-738 Where made, 3 : 734, 735

Partial performance

Effect of, 3 : 725 Extinguishes obligation when, 3 : 774

Offer of, of no effect, 3 : 732 Payment, performance when called, 3 : 726 Receipt may be required upon, 3 : 745

1073
INDEX

Conl racts—Continued

Performance—Continued

Refusal by one part}' excuses performance of conditions by other

party, 3 : 697 Refusal to accept before offer, effect of, 3 : 764

Specific performance, see Spex;ifio Peirfobmancb

Time of offer of, 3 : 736, 737 Time of, where no time specified, 3 : 923

Proposal, revocation of, 3 : 842, 843 Reformation of, 3 : 2711-2714 Release of obligation, 3 : 791-793

Rescission, see Rescission

Transfer of obligations, see Assignments ; Obligations ; Teansfer

Validity of Actions to determine, see Declaratoey Relief

Conditions, impossible or unlawful in contract are void, 3 : 698 Conditions precedent requiring performance of wrongful act, effect on, 3:303

Consideration must be lawful, 3 : 863 Damages, contracts fixing in advance, 3 : 933, 934 Duress consists in what, 3 : 825 Exempting one from liability for negligent acts, p. 990, sec. 55 Fraud

Actual fraud, 3 : 828, 830

Actual or constructive, is, 3 : 827

Constructive fraud defined, 3 : 829 Prevention of reduction to writing by fraud, 3 : 885

Identity of parties essential to, 3 : 813

Impossibility

Avoids contract, 3 : 854

Object must be possible, 3 : 852 Of ascertaining consideration, effect, 3 : 868, 869 What constitutes, 3 : 853

Infants, contracts by for attorneys' fees, 4: 1823 Marriage, contracts in restraint of, 3 : 937 Menace consists in what, 3 : 826 Mistake

Fact, of, what is, 3:833

Fact or law, of, may be, 3 : 832 Foreign law, of, is mistake of fact, 3 : 835 Law, of, what is, 3 : 834

Object must be lawful, possible and nscertainable, 3:852, 854, 855

Ratification of contract voidable for want of consent, 3 : 844

Statute of frauds, see Statutes of Fkauds

Trade, contracts in restraint of, 3 : 935, 93G Undue influence, what constitutes, 3:831

Unlawful

In part, effect of, 3 : 854, 855, 86-1 Rescission of, 3 : 2721 What contracts are, generally, 3 : 931, 932 Waiver of code provisions respecting, 3 : 2601 Written instruments, in general, see Written Instruments

Contribution See Suretyship

Joint or joint and several obligors, between, 3 : 683 Judgment debtors, among, 4 : 610 Contributory Negligence

Application of rule as between master and servant, 3 : 1312

Effect of generally, 3 : 977

Effect on railroad's liability for injury to employee, p. 989, sec. 53 Controversy

Submitting without action, see Agreed Case

1074
INDEX

Conversion

Dii mages for, 3: 2662-2664

Obligation to nnike restoration, 3: 975, 976 Wrongfully using materials of another, liabilitv. 3' 421 Conveyances

See Grants; Transfer

Conviction

Forfeiture of office, for, 5: 9

Forfeiture of property, not worked by, 5 : 8 Former, see Former Jeopardy ; Subsequent Offenses Higher olfenses, effect of, 6 : 278 Informal verdict, on, 6: 417

Inquiry into sanity after conviction, 6 : 812-S16

Judgment on, see Judgment

Modes of, 6: 15

Prior, see Former Jeopardy ; Subsequent Offenses Kequirmg judgment of death, transmitting statement to Governor ( Sentence, see Sentence

Witnesses

Impeachment by sliowing conviction of felony, 4: 2120- 6- 37'>

^ Must answer as to conviction of felonv, 4 • 2142

Convicts

See Prisoners

Importing foreign convicts, a felony, 5 : 184 Injury to person of, punishable, 6:" 903 Receipt and detention at penitentiary, 6: 902 Transfer from one penal institution to another 6 • 904

Witnesses, competency as, 4: 1902 Copies

Certified copies, see Certificate; Certified Copies

Lost pleadings or papers, supplied by copies, 4 : 951

Records, of Right to make copies, 4 : 1921

Seal required, 4 : 25

Writings, of Demanding copy of, 4: 921

Effect of setting forth in pleadings, 4: 242-244 When admissible, 4: 1872 Copyrights

See Literary Property

Laws of United States extended to Canal Zone, 3 : 391 Corozal Hospital

Admission of patients to, 4 : 1752 Commitment of defendant on finding of insanity, 6 : 814-816

Contesting report on sanity, 4: 1756 Discharge of patient, proceedings to obtain, 4 : 1758, 1759

Escape, assisting, of person confined in hospital, 5: 205 Hearing on petition for confinement of person, 4 : 1754 Keeping of insane persons in, 4 : 1751 Ordering admission of person for observation, 4 : 1755 Panama, receiving Insane patients from, 4 : 1762

Petition for confinement of insane person. 4 : 1753 Prisoner becoming insane, commitment to, 4: 1760 Receiving patients from service branches pending transfer, 4: 176'' Report of admission of patient for observation, 4 : 1752 Report on sanity of person admitted for observation, 4 : 1755 Temporary release of patient, 4: 1757 Transfer of patients to St. Elizabeths Hospital, 4 : 1763 Corporations See Foreign Corporations

Banking, organization to engage in, p. 892, sees. 611-632

Contracting debt exceeding means, 5: 760 Criminal actions against

No defense that corporation is foreign, 5 : 764 Procedure, 6: 831-837

1075
INDEX

Corporations—Continued

Directors

Defined, 5: 751 Misconduct of, 5: 755 Preinimed to concur in illegal act, when, 5 : 762, 763 Presumed to know illegality of act, 5 : 761 Embezzlement by officer or agent of, 5 : 662

False report or statement by officer, 5 : 758

Foreign, see Foreign Corporations

Fraud

Books, papers, or securities, in, 5 : 757 Misconduct by directors with intent to defraud, 5 : 755 Procuring organization or increase in capital, in, 5 : 753

Subscription for stock, in, 5 : 752

Inspection of books, refusal of, to stockholder, 5 : 759 Person includes corporation, 3: 12; 4: 8; 5: 5 Prospectus, unauthorized use of name in, 5 : 754

Seals of, forgery, 5 : 723 Sunnnons

Publication, 4: 168

Service on. in general, 4 : 166

Sureties, as, 4: 962-964 Corroboration

Accomplice, of, 6: 387

False pretenses, corroboration when necessary. 6: 379

Pi-osecutrix on charge of abortion or seduction, 6: 376 Corruptly

Meaning of, 5 : 5 CostsAppeal to district court, on

Civil actions, 4: 888 Criminal actions, 6 : 392

Attorneys' fees, see Attorneys

Bill of, 4: 1004 Compromise, costs when offer of, rejected. 4 : 911 Confession of judgment, costs on, 4 : 1103, 1104 Contest of will after probate, 4 : 1256 Continuance, costs as condition of, 4 : 1008 Criminal actions, in Entry of statement of in criminal docket, 6 : 841 Imprisonment for nonpayment of, 6 : 497 Taxing of costs in district court, 6 : 392

Deposition out of Canal Zone on oral interrogatories, 4 : 2093

Dismissal of action, on, 4 : 1009 Each party responsible for own, 4 : 1001 Either party may be adjudged to pay, 4 : 1003 Executor or administrator, liability of, for, 4 : 1489

Fees, see Fees Forma pauperis, prosecution or defense of actions in, 4 : 1001, 1002

Magistrate's court, in, see Magistrates' Coukts

Memorandum of, 4 : 1004

Prevailing party, ordinarily allowed to, 4 : 1003 Probate proceedings generally, 4 : 1692 Quieting title, costs not allowed when, 4 : 662

Security for Bond to authorize what, 4 : 1023 By intervenor or counterclaimant, 4 : 1025

Magistrate's court, in, 4 : 845 New undertaking, 4 : 1022 Not required of Government or officer, 4: 1024 Not re(piired where otherwise secured, 4 : 1026

Plaintitf mav be required to give, 4 : 1021

Requisites of, 4 : 1022, 1023 Taxing of, 4 : 1004 What costs recoverable, 4: 1005, 1007 1076
INDEX

Cotenancy

See Joint Tenants ; Tenants in Common

Counsel

See Attokneys

Counterclaim

See Ckoss-Complaint ; Ckoss-Demand

Answer to contain, 4: 221 Assignment or death, effect of, 4 : 225 Cross-demands deemed compensated when, 4 : 225 Deemed denied, 4 : 260 Demurrer to, and grounds of, 4 : 231, 232 How stated in answer, 4 : 226

Judgment where affirmative relief demanded, 4 : 543

Magistrate's court, in, 4: 715, 716; see Magistrates' Courts Omission to set up, effect of, 4 : 224, 716

Security for costs by counterclaimant, 4 : 1025 What may be set up by way of, 4 : 223

Counterfeiting

Banlv bills or notes, 5 : 734 Coin or bullion, 5 : 729 ; p. 910, sees. 277, 278 DiesFor foreign coins, counterfeiting of, p. 911, sec. 284

IVIaking or possessing, 5 : 737 Foreign securities, counterfeiting of, p. 908, sec. 270

Government securities or obligations. 5 : 732 ; p. 907 sec '>64 Instruments, in general, as forgery, 5 : 721 ' Mails, use in relation to distribution of counterfeit money, n 923 sec .338 Money orders, of, p. 927, sec. 347 j. i-

, s>«^^. ooo Notes of foreign banks, of, p. 909, sec 272

PlatesFor corporate securities, possession or use, 5 : 738 For foreign securities, possession of, p. 909, sec. 275 ^^^ Government securities or obligations, possession or use, 5 • 738 • p. 90 (, sec. 264 Making or possessing, 5 : 737

Possessing or receiving counterfeit Coin or bullion, 5: 731; p. 910, sees. 277, 278 Foreign securities, p. 909, sec. 274

Securities, notes, or bills, 5 : 726, 736 Postage stamps, of, p. 928, sees. 348, 349 Punishment of, generally, 5 : 730 ; p. 910, sees 277 278 Railroad tickets or passes, 5 : 739

' Search warrant for suspected counterfeits, p. 912. sec 287 Uttering counterfeit Bank notes, 5: 735

Coin, etc., 5 : 729 ; p. 910, sees. 277 278 Foreign securities, p. 909, sec. 271 Government securities or obligations, 5 : 733 ; p. 90S, sec. 265 Railroad tickets, 5: 739 . *-

, Court Reporter

See Rbportek

Courts

See District Court ; Judges ; Magistrates' Courts

Contempt, see Contempt

Deposits in court, see Deposits in Court

English, proceedings to be in, 4 : 34 Enumeration of general powers of, 4 : 23 Oaths and affirmations, may administer, 4 : 23, 2171 Presumption that court acts within jurisdiction, 4- 2007

Publicity of proceedings 4 : 21, 22 Questions of law addressed to, 4 : 2182

Records, see Judicial Records ; Records

1077
INDEX

Courts—Continued

Trial by

In general, 4 : 501-504

Issues triable by court, 4 : 434 Rules of evidence applicable, 4 : 2183 Courts Martial

Criminal code does not affect powers of, 5 : 11 CreditSee Creditors; Debtors

Letters of, see Letters of Credit

Obtaining by false pretenses, 5 : 695

Representations as to credit of third person to be written, 4: 2018

Creditors See Assignments for Creditors ; Credit ; Debtors

Avoid act of debtor, when, only can, 3 : 2763

Contracts of debtor valid against, when, 3 : 2753

Definition of, 3 : 2752 Fraudulent instruments and transfers, when void, 3: 2761-2763 Fraudulent transfers, see Fraudulent Transfers

Joint debtors, proceedings against, see Joint Debtors

Loan of money, see Loans

Marshaling of assets by creditor, 3 : 2755

Novation, see Novation

Preferences to, 3 : 2754, 2777, 2779

Receipt may be required of, 3 : 745 ; 4 : 2152

Relative rights of creditors, 3 : 2755 Crime

See Criminal Code ; Felony ; Misdemeanor

Act made punisliable in different ways

Punishment, 5 : 27 Second prosecution prohibited, 6 : 9 Act not less punishable because a contempt, 5 : 29

Attempts, see Attempts to Commit Crime

Civil liability for act constituting, 5:7

Committed prior to effective date of code, 5 :

Compounding, punishment, 5 : 181 Declaration in code as prerequisite to arrest, 5 :

Defined, 5 : 21 Degree of, see Degree of Crime

Divided into felonies and misdemeanors, 5 : 23

Felony, see Felony

Habitual criminals, 5 : 74-76 High seas, on, jurisdiction, practice, and procedure, 7 : 26

Intent, see Intent

Misdemeanor, see Misdemeanor

Ommission to perform act performed l)y another, 5 : 28 Out of Canal Zone, when punishable here, 5 : 56, 788

Particular crime, see particular subject Parties to, classification of, 5 : 51 Presumption of innocence, 4 : 2007 ; 6 : 363

Principals and accessories, see Accessories ; Principals

Punishment, see Punishment

Reasonable doubt as to guilt, acquittal, 6: 363 Reparation to aggrieved party, requiring on probation, 6 : 501 Union of act and intent or negligence, 5 : 22 Who capable of committing, 5 : 57 Who liable to punishment, 5 : 56, 788 ; 6 : 3 Crime Against Nature

Assault to commit, punishment, 5 : 311 Punishment of, 5 : 415 Criminal Actions See Actions

Criminal Code

See Crime

Construction of provisions, 5 : 3

1078
INDEX

Criminal Code—Continued

Construction of words and phrases in, 5:4

Definitions of various terms, 5: 5 Name of title, 5 :

Offenses committed prior to effective date, 5 :

Criminal Conversation

Sitting of court, private, 4 : 22 Criminal Law

See Crime ; Cbiminai. Code ; Criminal Procedure

Criminal Negligence As element of crime, 5 : 22 Criminal Pleading

See Demurrer : Information ; Plea ; Pleading

Criminal Procedure

See subject in question

Action, criminal, defined, 6 : 4 After verdict or finding of guilt, Supreme Court may prescribe, p 9SM

sec. 723a Arraignment, see Arraignment

Arrest, see Arrest

Bail, see Bail

Canal Zone Government, criminal actions prosecuted in name of, 6 : 5 Conviction, see Conviction

Defendant, see Defendant

Designation of party prosecuted, 6 : 7 Execution of judgment, see Execution

High seas, in cases of offenses on, 7 : 26 Imprisonment, see Imprisonment

Judgment, see Judgment

Magistrate's court, in, see Magistrates' Courts Modes of conviction of public offense, 6 : 15 Name of title, 6 :

Pleading, see Demurrer ; Inforaiation ; Plea ; Pleading

Preliminary hearing, see Peeliminary Heaking

Proceedings begun before effective date, 6 : 2 Punishment, see Punishment

Sentence, see Sentence

Style of all processes, 6 : 6 Time of taking effect, 6:2

Trial, see Trial

Warrant of arrest, see Warrant of Arrest

Crops

Burning standing or growing crops, 5 : 803

Malicious injury to, punishment, 5 : 802 Cross-Complaint

See Counterclaim; Cross-Demand

Divorce, for, and proceedings thereon, 4 : 228

In general, 4: 227 What pleadings are allowed, 4 : 193 Cross-Demand

See Counterclaim; Cross-Complaint

Compensated, when deemed, 4: 225 Omission to set up, fatal, 4 : 224 Cross-Examination

See Witnesses

Defined, 4 : 2114, 2117 ; 6 : 370 Crossings

Omission by locomotive engineer to give warning at, 5 : 525 Operation of street-railway cars at, 2 : 331-333 Cruelty

See Divorce

Animals, to Acts constituting, and punishment, 5 : 810 Aid in prevention by humane society agent, 5 : 811

1079
INDEX

Cruelty—Continued

Children, to Humane society agent may aid in prevention of, 5: 444

In general, see Infants ; Parent and Child

Punisliment as misdemeanor, 5 : 443 Insane person, to, punishment, 5 : 374 Custody

Children, see Divorce; Parent and Child

Holding defendant in custody after appearance for trial, 6 : 391 Retaking goods from custody of officer, a misdemeanor, 5 : 179 Customs Service See Importation

Administration of oaths by customs officers, 2 : 41

Arrest, power of officers, 2 : 66 Baggage, control of, for customs purposes, 2 : 61

Certification of invoices for merchandise shipped to United States, p. 957,

sec. 1482 Colombian products, admission to Canal Zone, p. 864, art. 1 Confiscation of articles illegally imported, 2: 63 Control by Governor of importation of articles or merchandise, 2: 61 Fees of officers for certain services, 2 : 67 Fine for violation of regulations, 2: 62 Forfeiture

Merchandise omitted from manifest, of, 2 : 64 Sea stores omitted from list, or landed, of, 2 : 65 Importations by United States free from duty, p. 844, art. 13 Imports into United States from Canal Zone, p. 957, sec. 126 Landing of sea stores, 2 ; 65 Narcotic drugs import and export act, p. 957, sees. 171-185

Offenses in relation to entry or importation of goods, 2 : 62 Omission

Merchandise from manifest, 2 : 64 Sea stores from list, 2 : 65 Penalty

Omission of merchandise from manifest, for, 2 : 64 Omitting from list, or landing, sea stores, for, 2 : 65

Plates for printing counterfeit securities, punishment for importing, 5 : 738

p. 907, sec. 264 Powers of officers respecting search, seizure, and arrest, 2 : 66 Production of papers Authority of officers to require, 2 : 42 Process to compel, 2 : 43 Regulations governing entry and importation of goods, 2 : 61 Search of packages, persons, vessels, and vehicles, 2 : 66

Seizure

Articles illegally imported or obtained, 2: 63 Power of officers, 2 : 66 Witnesses

Authority of customs officers to summon, 2 : 42 Process to compel attendance, 2 : 43 Damages

See Malicious Mischief; Specific Relikf; Torts

Accruing after action brought, right to recover, 3 : 2623 Acts or omissions, unlawful, recoverable for, 3 : 2621 Breach of contract General rule, 3 : 2651 Must be certain, 3: 2652

Sale of goo<ls, for, 3 : 1044, 1047, 1049, 1050 To pay money only, 3 : 2653 Breach of obligation, not arising from contract, for, 3: 2661

Breacli of promise of marriage, for, 3 : 2058 Breach of warranty

Agent's authority, of. 3: 2657

Seller of goods, by, 3: 1049

1080
INDEX

Damages—Continued

Carriers

Delay by, 3: 2656

Obligation to deliver, for breach of, 3: 2655

Obligation to receive, for breach of, 3 : 2654

Certain, must be, 3: 2652

Check, nonpayment of by bank, 3: 2659 Chose in action, presumption as to value of, 3 : 2672 Compensation

Defined, 3: 2611

In money is called damages, 3 : 2621 Contract fixing in advance, validity of, 3 : 933, 934

Conversion, for, 3: 2662-2664 Detriment defined, 3: 2622 Employing materials belonging to another, for, 3: 421

Excessive, cannot exceed what would be gained by complete performance,

3: 2674 Exemplary

Animals, for injuries to, 3: 2666 Damages prescribed are exclusive of, 3 : 2673

Liability of infants and insane persons, 3 : 33

Seduction, for, 4: 129 When recoverable, in general, 3 : 2641

Forfeiture, relief in cases of, 3 : 2612 Future detriment, for, 3: 2623

Interest As element of, 3: 2631, 2632 Breach of contract to pay liquidated sum, on, 3 : 2653 Breach of contract to sell or of sale, on, 3 : 1050 Conversion of personal property, right to, on, 3 : 2662 Damages prescribed are exclusive of, 3: 2673

In actions ex delicto, 3: 2632 Rate after breach, 3: 2633 Waiver by accepting principal, 3: 2634

Lienor's, for conversion, 3: 2664

Limitation on amount of, 3: 2674, 2675

Liquidatetl, not bar to specific performance, 3 : 2704 Measure of Breach of contract, for, 3: 2651, 2653 Breach of warranty, for, 3 : 1049

Failure to deliver goods sold, 3 : 1047

In various cases, 3: 2651-2676 Nonacceptance of goods sold, for, 3: 1044 Wrongful death, for, 4: 131 Nominal, when recoverable, 3 : 2676

Obligation to abstain from damage to others, 3 : 971 Property of peculiar value, 3 : 2671

Reasonable, to be, 3: 2675

Relief, in general, 3: 2611

Seduction, for, 3: 2665

Special, on breach of contract to sell or of sale, 3 : 1050 Who entitled to, in general, 3: 2621 Written instrument, presumption as to value of, 3 : 2672

Wrongs, for, generally, 3: 2661 Days

See Business Days ; Holidays

Dead Bodies

See Cemeteries

Interment elsewhere than in cemetery, punishment, 5 : 484

Mutilation of, punishment, 5: 481 Removal of bodies or parts thereof, punishment, 5 : 481 , 482 Deadly Weapons

See Arms

Assault with, punishment, 5 : 346 Drawing in threatening manner, 5 : 604

93083—34 69 1081
INDEX

Death

Action for, see WRONGFtjL Death

Bail for offense punishable with, 6 : 543 Chose in action, survival of, 3 : 372 Dying declarations, admissibility of as to cause of, 4 : 1888 Execution of judgment of, 6: 521-533; see Execution

Gift in view of, see Gifts

Presumed after seven years, 4: 2007

Survival of actions, see Actions ; Survival

Survivorship, presumption as to, 4 : 2007 Warrant of Issuance and requisites, 6 : 521 Return upon, after execution, 6 : 533 Death Sentence

Execution of, 6 : 521-533 ; see Execution

Death Warrant

Issuance and requisites, 6:521

Return upon, after execution, 6 : 533 Debtors

See Creditors

Arrest, see Arrest

Assignments, see Assignments for Creditors

Attachment, see Attachment

Avoidance by creditors of acts of, when possible, 3 : 2763 Committing acts to defraud creditors, punisliment, 5 : 231, 232

Confession of judgment, see Confession of Judgment

Contracts, when valid against creditors, 3: 2753

Creditor, defined, 3 : 2752

Defined, 3:2751

Fraudulent concealment of property, punishment, 5 : 231, 232 Fraudulent transfers, see Fraudulent Transfers

Insolvent, defined, 3 : 2776

Joint, proceedings against, see Joint Debtors

Loan of money, see Loans

Marshaling of assets, 3 : 2755

Preferences to creditors, 3 : 2754. 2777. 2779

Receipt, right to require on payment, 3 : 745 ; 4 : 2152

Relative rights of creditors, 3 : 2755 Supplementary proceedings, see Supplementary Proceedings

Debts

See Compromise; Creditors; Dehtors ; Husband and Wife; Obligations

Decedents' Estates

See Estates of Decedents ; Succession

DeceitSee Fraud

Attorney, by, punishment, 5 : 221

In general, 3 : 972-974 Renders contract voidable, 3 : 823 Restoration of thing wrongfully acquired, 3 : 975, 976 Upon tiie public, effect of. 3 : 974 What acts constitute, 3 : 973 When actionable, 3 : 972. 973

Witness, deceiving, a felony, 5 : 162 Decency

See Indecency ; Indecent Exposure

Decision See Judgment

On trial by court, 4 : 501, 502 Declarations See Evidence

Mar-iage. of. 3:65-67; see Marriage

Declaratory Relief Action for, in what cases lies, 4:971

Determining identity of jiersons described as heirs, issue, or children. 4: 1695

1082
INDEX

Declaratory Relief—Continued

Other remedies or additional relief not precluded, 4 : 973 Refusal of relief, when proper, 4 : 972 Decrees

See Judgment

Probate, in, see Probate Proceedings

Deeds

See Grants; Transfer

Defamation

See Libel; Slander

How effected, 3 : 42 Right of protection from, 3 : 41 Default

Company authorized to sell securities, entry of judgment against 3 • 242

Deposition, taking of, on, 4 : 2063, 2085, 2097

Divorce, procedure in cases of, 3: 114

Forcible entry and detainer, in, 4 : 1150

Foreign corporation, entry of default judgment against, 3 : 221

Heirship, in action to determine, 4 : 1621

In general, 4 : 421

Magistrate's court, in, see Magistrates' Courts

Mandamus not granted by, 4 : 1055 Procedure in case of, 4 : 421

Relief cannot exceed amount demanded, 4: 414

Relief from judgment by, 4: 275, 720 Defendant

Arraignment of, see Arraignment

Arrest and surrender of, by bail, 6: 612

Arrested, taking before magistrate, 6: 97-99 Attorney may visit, 6: 12

Bail, see Bail

Challenge, informing as to time for, 6 : 342

Civil action, in, see Parties

Counsel, right to by defendant, 1: 1; 6: 14, 228

Custody, holding in after appearance for trial, 6: 391

Depositions, right to take, 6 : 701, 702 ; see Depositions

Discharge of, see Discharge

Insanity of, see Insane Peirsons

Joint defendants

Conviction or acquittal of one or more, ©: 197 Discharging one to be witness, 6 : 366-368 Must unite in challenging jury, 6: 332 Right to separate trials, 6: 365

Verdict as to some and retrial of others, 6 : 415 Name

Designation in information when unknown, 6: 187 Designation in warrant when unknown, 6: 76

Directing defendant to declare true name on arraignment, 6: 230

Insertion of true name when discovered, 6: 190 Party prosecuted designated as, 6: 7 Pleadings of, 4: 193

Pleas of, see Plea

Preliminary hearing, see Preliminary Hearing

Presence of Arraignment, at, 6 : 222

Conditional examination of witness, at, 0: 687 Judgment, at, 6: 486 Necessary in magistrate's court, 6: 126 Return of verdict, at, 6: 404

Trial, at, 6: 304, 452 Presumption of innocence, 6: 363 Reasonable doubt as to guilt, acquittal, 6: 363

Restraint before conviction, unnecessary, prohibited, 6: 11, 82 Rights in criminal action, enumerated, 1: 1; 6: 14 Search of, when ordered, 6: 780

1083
INDEX

Defendant—Continued

Separate trial of, when jointly charged, 6: 365 Surrender of, by bail, 6': 611-613

Trial, two days to prepare for, 6: 321

Witness, as Discharging one of joint defendants to be, 6 : 36(5-368 Failure to testify not to prejudice, 6 : 126, 673 Not compelled to testify against self, 1: 1; 6: 10, 673 Right to cross-examine, 6: 673 Witnesses

Right to be confronted with, 1 : 1 ; 6 : 14 Right to process for obtaining, 1 : 1 Right to produce, 6: 14 Defenses

See Answer; Sexf-Defense

Definitions See Words and Phrases

Particular words, of, see particular subjects

Various terms in respective codes, 3 : 12 ; 4 : 8 ; 5 : 5 Deformity

Exhibiting deformities of persons, punishment, 5: 504 Degree of Crime

Arson, 5: 643 Burglary, 5: 652 Determination by court on plea of guilty, 6: 485 Evaluation of property in determining

In general, 5: 10, 667 Passnge tickets stolen, 5: 776 Written instruments stolen, 5: 775

Larceny, 5: 772 Murder, 5: 253 Reasonable doubt as to, conviction of lowest, 6 : 364

Verdict must find, 6 : 412 Delivery

Claim and delivery, see Claim and Delivery

Constructive, what deemed to be, 3 : 459

Gift, of, necessary, 3 : 482 Goods sold, of, see Sales

Grant, is essential to, 3 : 455 Grantee, to, necessarily absolute, 3 : 457

In escrow, 3 : 458 Presumption of tin)e of, 3 : 456 Demurrer

Answer

After demurrer overruled, 4: 274, 278 Demurrer and answer at same time, 4 : 212, 226 Demurrer to, 4: 193, 231. 274

Filing of, not a waiver of demurrer, 4: 274 As a pleading, 4 : 193 Complaint, to, 4: 211, 212 Counterclaim, to, 4: 231, 232

Cross-complaint, to, 4: 227 Grounds for, 4 : 211. 212

Information, to, see separate subhead, infra Issues raised by, 4: 432 Judgment on, proceedings after, 4 : 504

Magistrate's court, in, see Magistrates' Courts

Objections not appearing on complaint, how taken, 4 : 214 Overruling denmn-er to answer, facts allegetl deemed denied, 4 : 274

Overruling, time to answer runs from notice, 4 : 278 Part of complaint, to, 4 : 212, 226

Sustaining, time to amend runs from notice, 4 : 278 Time for, extending, 4: 275

To wliat pleadings may be taken, 4: 193 Waiver by failure to demur, 4: 215

1084
INDUX

TO INFOBMATION Demurrer—Continued

See iNFoiiMATioN ; Pleading

Allowance of, effect of, 6:256

Argument on, time for hearing, G: 254 Arraignment, demurrer on, 6: 232 Defendant's only pleading, aside from plea, 6 : 232

Defined, 6 : 251

i a, u

. o- Grounds, enumerated, 6: 252 How put in, 6: 232, 253 Judgment on, rendition and entry, 6: 255

Objections, what must be taken by, 6: 260

Overruled, permitting plea, 6: 259 Refusal to answer or demur, plea of not guiltv entered G- '>!*) Requisites of, 6: 253

'

,

. ^ o Sustained

Amendment of information, 6: 257, 258

Directing new information, 6: 256, 258

Effect of, G: 256, 258 Time to put in, 6: 232 Deportation

Extradition, see Extradition

Perso^s from Canal Zone, of, 2: 141 Return of person deported, punishment and removal 2- 142 Depose

Includes what, 3: 12; 4: 8; 5: 5 Depositaries See deposits ; warehousemen

Adverse claim, notice of, to owner, 3: 1104 Animals, of, duty toward, 3: 1112 Compensation of, for part of week or month, 3 : 1133

Delivery by, 3: 1101-1107

Gratuitous Care required of, 3: 1123 Duties cease, when, 3: 1124

Hire, for Compensation for parts of week, etc., 3 : 1133 Degree of care required of, 3: 1132

Finders have obligations of, when, 3: 1211 Lien for storage and expenses, 3 : 1136

Sale of perishables or luggage for charges, right of 3 : 1137 Termination of hiring, 3: 1134, 1135 Who are, 3: 1131

Indemnification for expenses and damages, 3: 1111

Insurable interest, have, 3: 1883

Joint owners of thing deposited, delivery to whom made, 3- 1106

Liability of Loss or injury, for, 3 : 1116

Negligence, for, limitation on, 3: 1118 To rightful owner of thing deposited, 3 : 1105 Lien

Sale of property to satisfy right of, 3 : 1137 Storage and expenses, for, 3: 1136

Notice of adverse claim, to owner, 3 : 1104

Notice to rightful owner of thing deposited with, 3 : 1105

Obligations of, 3 : 1101-1107

Perishables, right to sell and duty in relation to, 3:1137

Sale of Perishables or luggage for charges, right of, 3 : 1137

Storage property, right of, 3 : 1137 Things in danger of perishing, 3 : 1115

Service rendered by, 3: 1117 Use of thing deposited, 3 : 1113, 1114 Who are, 3 : 1131

1085
INDEX

Depositions

Answei'S of witness to be taken down, 4 : 2065 Contempt, refusal of witness to subscribe to, 4 : 2046 Continuance

Depositions may be taken on, 4 : 439, 774 For nonreturn of commission, 4: 2095

Ci'iminal actions, in, see separate subiiead, infra Default of defendants, taking, on, 4 : 2063, 2082, 2085, 2097

Defined, 4 : 2063

Depose, defined, 3 : 12 ; 4 : 8 ; 5 : 5 Disobedience of subpena by witness, proceedings on, 4: 2046

Evidence, reading deposition in, 4: 2083, 2084, 2096, 2102, 2166 Foreign country, to be used in, 4: 2105

Heirsliip, in proceedings to determine, 4 : 1621 In Canal Zone

Affidavit for, 4: 2101 Before whom may be taken, 4: 2101 Cannot be read if witness procurable, 4 : 2083

Either party may attend and examine witness, 4 : 2102

In what cases may be taken, 4 : 2083, 2101, 2103 Manner of taking, 4 : 2101, 2102

Notice of taking, time of, 4: 2101

Service of notice and affidavit, 4 : 2101 Time of taking, 4: 2083 To be used in States, 4 : 2103-2107 Using at trial, 4 : 2084, 2102 Who may take, 4:2101

Manner of taking in general, 4 : 2065

Notice of taking

How waived, 4: 2063

Necessity, in general, 4: 2063 Where party defaults or fails to appear, 4 : 2063, 2085, 2097 Out of Canal Zone

Application for, 4:2091, 2093 Commission to take, 4: 2091, 2094 Continuance for nonreturn of commisison, 4 : 2095

Either party may use, 4 : 2096 How taken, 4 : 2091-2097

Interrogatories, 4 : 2092

Notice of taking, 4 : 2091, 2093, 2097

Oral interrogatories, 4: 2093, 2094 Right to use of, 4: 2096 Time of taking, 4: 2082

Party, right to take deposition of, 4 : 2083, 2085 Perpetuating testimony, proceedings, 4 : 2161-2167 Postponement of trial, deposition of witness on, 4 : 439, 774

Prisoner, of, 4: 2050, 2051 Question and answer form, 4 : 2065 Reading in evidence, 4: 2083, 2084, 2006, 2102, 2166

Refusal of witness to subscribe to, punishment of, 4 : 2046 Time of taking, 4 : 2082, 2083 To be used in States, 4 : 2103-2107 When complete under perjury laws, 5 : 147 When may be used, 4 : 2083, 2084, 2096, 2102, 2166 Who may take, 4 : 33, 2101

Wills, deposition of witnesses to, 4 : 1221 Witness present, deposition not to be read, 4 : 2083 Written declarations under oath to be by, 4 : 2081 IN CEIMINAL ACTIONS

Application for Requisites, 6: 704 To whom made, 6: 705

1086
IJJDBX

Depositions—Continued

Commission

Deflnetl, 6: 703 Granting of order for, 6: TOG Indorsement as to return, 6: 708 Manner of execution, 6: 709

Conditional examination of witnesses, on 6 : 689-691

Depose, defined, 5: 5 Fees for, as element of costs, 6 : 392

Filing of commission and return, 6: 712 Granting of order for commission, 6 : 706 Ground for application for, 6: 702

Inspection of commission and return, 6 : 713

Interrogatories and cross-interrogatories, service and settlement 6 • 707 Nonresident witnesses, wlien may be examined, 6 : 701, 702 Preliminary Iiearing, at, taking and use of, 6: 14, 147* Reading in evidence

Commission, wlien taken on, 6 : 714

Conditional examination, when taken on, 6 : 691 Preliminary Iiearing, wlien taken at, 6 : 14, 147 Return of Indorsement on commission as to, 6 : 708 Through agent, 6 : 710 Where agent Incapacitated, 6 : 711 Right of defendant to take, of nonresident witnesses, 6 : 701 702 Search warrant, at examination for, 6 : 764, 765 Stay of trial, when ordered, 6 : 706 Deposits See Depositaries ; Warehousemen

Animals, of, 3 : 1112

Court, in see Deposits in Court

Delivery of, 3 : 1101-1107 Exchange, for

Defined, 3:1096

Effect of, 3 : 1221

Finding, 3 : 1211-1219 ; see Finders ; Lost Property

Gratuitous, 3 : 1121-1124

Hire, for, 3 : 1131-1137 ; see Storage

Indemnificiation of depositary for expenses and damages, 3 : 1111

Insolvent bank, receiving in, 5 : 756 Involuntary

Duty of depositaries, 3:1094

Gratuitous, are, 3 : 1122 How made, 3 : 1093

JointDelivery to depositors, 3 : 1106 Performance to one creditor, effect of, 3 : 1107

Keeping, deposit for, what is, 3 : 1095 Kinds of, 3 : 1091 Lien for storage, 3 : 1136 Loans, see Loans

Loss or injury, liability of depositary, for, 3 : 1116

Obligations of depositaries, 3 : 1101-1107

Perishables, sale of, 3 : 1137

Sale of property, when may be ordered, 3 : 1137

Storage, 3 : 1131-1137 ; see Storage

Termination of, 3 : 1134, 1135 Use of thing deposited, 3 : 1113, 1114

Voluntary, how made, 3 : 1092 Deposits in Court

Authority of assistant and acting clerks respecting. 4 : 897

Bail, deposits in lieu of, see Bail

Bonds, deposits in lieu of Clerk may accept, 4 : 965 Magistrate may accept, 4 : 846 By one interpleading, 4 : 142 1087
INDEX

Deposits in Court—Continued

Commission for receiving and caring for funds, 4 : 395

Designation of depository by judge, 4 : 396 Disbursement of funds placed in depository, 4 : 394

Disposition of unclaimed funds by cleric, 4:398

Enforcement of order for, 4 : 392 Grounds for ordering, 4 : 391 Maintenance of general deposit account, 4 : 395 Record of receipt and disbursement, 4 : 394 Registry of court, money deposited deemed in, 4 : 393 Sums of $200 or less, deposit in savings account, 4 : 395

Sums over $200, deposit in designated depository, 4 : 394

Surplus after foreclosure, of, 4 : 642 Unclaimed funds, disposition of by clerk, 4 : 398 Undertakings, deposits in lieu of Appeal to district court, on, 4 : 885

Clerk may accept, 4 : 965

Magistrate may accept, 4 : 846 When court may order, 4 : 391 Descent

See Succession

Statute of descents, 3 : 633 Desertion

See Divorce

Detainer

Unlawful, see Forcible Entry and Unlawful. Detainer

Dies

Making or possessing for counterfeiting, 5 : 737 ; p. 911, sec. 284

Disability See Infants ; Insane Persons ; Married Women

Discharge

See Dismissal

Defendant, of Amendment of information, on failure to permit, 6 : 258 Arrest of judgment, on, 6 : 464 By district attorney after investigation, 6 : 176 Compromised, when offense is, 6 : 802 Dismissed, when action is, 6 : 794 Failure of information to charge offense, 6 : 388

Jurisdiction, for lack of, 6 : 388 New information, on failure to direct or tile, 6 : 244, 258 Preliminary hearing, on

Filing information after discharge, 7 : 3 Granted when, 6: 141 Verdict of acquittal, on, 6: 420

Witness, to be, 6 : 366-368 Person confined on civil process, of, 4 : 1121-1129 Disease

See Health

Animals

Bringing in animals and violating quarantine proclamation, 5: 5(5(5 Offenses respecting diseased animals, 5: 563-565 Exposure in public of person afflicted with communicable disease, 5 : 503 Maintaining hospital for communicable diseases in town, 5: 505 Dismissal

Absence of adverse party, taking dismissal in case of, 4 : 437

Actions may be dismissed, when, 4 : 415

Appeal from magistrate's court, of, 4 : 888, 890, 891

Costs on dismissal of action, 4 : 1009 Criminal actions, of, see separate subhead, infra Grounds for, 4:415^18

How made, 4 : 415

Magistrate's court, in, 4 : 792, 793 Summons, failure to issue, serve and return, 4 : 416 Want of prosecution, for, 4 : 418

1088
INDEX

OF CEIMINAL ACTIONS

Dismissal—Continued

See Discharge

Bar to another prosecution, when is, 6 : 276, 795 Continuance ordere<l, when and how, 6 : 792 Court may order on its own motion, 6 : 793 Discharge of defendant, see Discharge

Grounds for, 6 : 791, 793 Information

Dismissal as har, 6 : 276, 795

Failure to file within 20 days, 6: 791, 792

Trial, fsiilure to bring on within 120 days, 6 : 791, 792 Disorderly Conduct

Engaging in any kind of, punishment, 5 : 603 Regulations respecting

Authorized, 5: 591 Punishment of violations, 5 : 592

Disorderly Houses

See Prostitution

Keeping, a misdemeanor, 5 : 456

Disqualification

District judge

In general, 4 : 28

In probate proceedings, 4 : 1401

Judges, change of place of trial, see Place of Trial

Jurors, of, 4 : 452

Magistrate, of, 4 : 28, 682

Distribution Community property, on divorce, 3 : 124, 125

Estates, of, see Estates of Decedents

Rules of, where one dies intestate, 3 : 633

District Attorney

Absence or disability, powers of assistant, 6 : 16 Abuse of parental authority, may bring civil action, 3: 173 Advice to Governor on request, 7 : 38 Annulment of marriage, may institute suits for, 3 : 55 Appointment of, 7 : 42

Assistant district attorneys, authorization and compensation, 7: 39

Assistant included by words " district attorney ", when, 6 : 16 BailDuty to enforce forfeiture by action, 6 : 623

Notice to of application for, when given, 6 : 547

Notice to of application to reduce, 6 : 582

Clerks and other employees of, authorization and compensation, 7 : 39 Compensation of, 7 : 37 Delivery of papers to, following preliminary hearing, 6 : 149

Duties, in general, 7: 38 Escheat of property, may bring action for, 4 : 1182 Espionage act violations, powers in cases of, p. 947, sec. 574 ; p. 1012, sec. 39 Establishment of office of, 7: 37 Examination of witnesses after commitment of defendant, 6: 173

Fines, debts, and forfeitures accruing to Government, to recover, 6: 17 Information

Disclosure of making for felony before arrest, 5 : 182 Examination of witnesses relative to filing, 6 : 173

Filing after commitment and examination, (5 : 174

Filing after discharge on preliminary hearing, 7 : 3

Filing direct, 6: 141

Investigation by

After commitment of defendent, 6: 173 Ordering discharge of defendant, 6: 176 Leave of absence, 7 : 42 Legal proceedings for Government, to conduct, 7 : 38

Offenses in presence of, oral order for arrest, 6 : 86 Residence during term, 7 : 42 1089
INDEX

District Attorney—Continued

Subpeiias, power to issue, 6: 655 Support of child ol parent dying, may sue for, 3 : 175 Term of office, 7 : 42 Undertakings to lieep peace, to prosecute, 6: 52 Vacancy in office, powers of asssitant, 6 : 16 Warrants of arrest, may issue, 6 : 71

District Court

See Courts ; Judges ; District Judge

Adjournment while jury out, 4: 471 Admiralty

Jurisdiction in, 7: 23, 25

Practice and procedure in, 7: 25 Appeal to or from, see Appeal

Calendar

Entry of causes on civil calendar, 4 : 436 Keeping calendar of pending criminal actions, 6: 311 Order of disposing of criminal actions on, 6: 312 Chambers, powers at, see District Judge

Clerk, see Clerk of District Court

Decisions on trial by court, 4: 501, 502

Deposits in, see Deposits in Court

Designation of, 7: 21

Divisions of, establishment and boundaries, 7: 22

Dockets, civil Entry of judgments in, 4 : 545, 548 Entry of satisfaction in, 4 : 550

Inspection of, 4 : 549 What required, 4: 26

Docket, criminal, keeping by clerk, 6: 841 Establishment of, 7: 21 Findings of fact on trial by court, 4 : 502, 503 High seas, offenses on, jurisdiction, practice, and procedure, 7 : 26

Incidental powers and duties, 4: 23

Judge, see District Judge

Jurisdiction See also Jurisdiction

Admiralty, in, 7: 23, 25 Annulment of marriage, suits for, 3: 56 Attendance and production of papers before Canal officers, to compel,

2: 43 Damages to vessels, etc.. In locks, actions for, 2 : 10 Espionage act, offenses under, p. 904, sec. 39; p. 947, sec. 574; p. 1012,

sec. 39

Fortifications or harbor defenses, offenses involving injuries to, p. 905,

sec. 96 High seas, offenses on, 7: 26

In general, 7 : 23 Law and equity jurisdiction not separately exercised, 7: 24

Neutrality, offenses against, p. 904, sec. 39

Patent, trade-mark, and copyright laws, actions under, 3: 291 Presumption that court acts within, 4: 2007 Minute books, recording proceedings in, 4: 958

Orders, see Orders Powers respecting conduct of proceedings, 4: 23 Probate

Proceedings, see Probate Proceedings

Wills, of, see Wills

Pi-ocess, see Process; Summons

Publicity of proceedings, 4: 21, 22 Questions of law addressed to court, 4: 2182

Records, see Judicial Records ; Records

Remanding criminal action to magistrate's court, 6:177

Reporter, see Reporter Revenues collected by clerk, to be turned over to collector, 6: 843

1090
INDEX

District Court—Continued

Kules governing criminal procedure after verdict or finding of guilt

p. i)83, sec. 723a Rules of, judge to prescribe, 7 : 27

Seal

Counterfeiting, punishment, 5: 723 To have, 4: 24 To what documents affixed, 4 : 25

Special district judge, 7: 29 Terms of, 7: 28

Trial by court

In general, 4:501-504

Issues triable by court, 4 : 434 Rules of evidence applicable, 4: 2183 Who may conduct litigation in, 4 : 46

District Judge

See Judges

Acknowledgments, may take, 3: 491, 512; 4: 33

Affidavits, may take, 4: 33, 2074 Appointment of, 7 : 42 Arrest on oral order for offenses in presence of, 6 : 86 Chambers

Orders while absent from Canal Zone, 7 : 31, 32 Powers of district judge at, 4 : 27, 30, 1218 Review of ex parte orders made in, 4: 861

Clerical assistants to, appointment and compensation, 7: 36 Compensation of, 7 : 30

Contempt, power to punish for, in general, 4: 32

Depositions, may take, 4: 33, 2101

Disqualification

Grounds for, 4 : 28

In probate proceedings, 4 : 1401 Establishment of office of, 7: 29

Jurors, to provide for selection, summoning and serving, 7 : 34 Law partner, cannot have. 4 : 29 Leave of absence, 7: 42 Mileage and per diem allowances, 7 : 30 Orders while absent from Canal Zone, 7: 31, 32 Power of At chambers, 4: 27, 30, 1218

In conduct of proceedings generally, 4 : 23, 31 Out of court, 4 : 30

Prescribing process and procedure where none specified, 4 : 35

Process and procedure, may prescribe where none specified, 4 : 35 Residence during term, 7: 42 Review of ex parte orders made out of court. 4 : 861 Rules of court, authority to prescribe, 7: 27

Special district judge, 7: 29 Term of office, 7: 42 Terms of court, authority to designate times for, 7 : 28 Disturbing Peace

See Breach of Peace; Peace

Definition and punishment, 5 : 602, 603

Disturbing religious or other meeting, punishment, 5: 593 Divorce

Admission of defendant as evidence, 4 : 2155 Adultery

As cause for, 3: 71

Defined, 3: 72 Limitation of action for divorce for, 3: 104 Alimony

Order of resort to property to pay, 3 : 121 Pending action for divorce, 3: 113 Pending action for permanent support, 3: 116

1091
INDEX

Divorce—Continued

Alimony—Continued

Separate property when not subject to, 3: 122 When divorce decreed, 3 : 120 Annulment of marriage, 3 : 55-59 ; see Markiaoe

Appeal from interlocutory order, 3 : 119 Causes for denying, 3 : 91-108 Causes for granting, 3 : 71 Custody of Orders respecting, 3: 112, 120 Pending suit, 3: 112 In general, see Pakent and Child

Legitimacy Not affected by divorce, 3: 118, 634 When born after divorce, 3 : 163 Providing for, where divorce denied, 3 : 115 Support of Community and separate property subjected to, 3 : 123 Orders respecting, 3: 120

Collusion as defeating, 3: 91, 94 Community property

Disposed of, how, 3: 124, 125

Disposition in action for permanent support, 3 : 116 Resort to, 3 : 121 Subject to support of children, 3: 123 Compelling conveyance of property belonging to other spouse, 3: 12(5 Complaint, facts required to be stated, 4 : 203 Condonation

As a bar, 3 : 91, 95-101 Cures desertion, 3 : 80

Pvecriminatory defense, of, 3 : 103

Confessed, procedure where bill is taken as, 3:114

Connivance as defeating, 3 : 91-93

Consent, corrupt, how manifested, 3 : 93 Cross-complaint for, and proceedings thereon, 4 : 228

Cruelty

As cause for, 3 : 71 Extreme, defined, 3 : 84 Decree

Effect of decree granting divorce, 3 : 117 Entry of final decree, 3 : 119 Former decrees legalized, 3 : 128

Interlocutory order, entry of, 3 : 119

Default, procedure in case of, 3 : 114 Defenses to actions for, 3 : 91-108 Denying, grounds for, 3 : 91-108

Desertion

Absence or separation as, 3:77-80

As cause foi-, 3 : 71

Defined, 3:73

How cured, 3 : 80 How manifested, 3 : 74 Induced by cruelty or threats, 3 : 76 Induced by fraud or stratagem, 3 : 75 Refusal to accept husband's place or mode of living, 3:81, 82 Domicile, choice of by husband. 3 : 81, 82 Drunkenness as cause for, 3 : 71, 83

Felony, for, limitation of actions, 3:104

Grounds for denying. 3:91-108

Interlocutory order of, 3:119

Jurisdiction of district court. 7:23

Limitation or lapse of time as a bar, 3: 91, 104-106

10J)2
INDEX

Divorce—Continued

Maintenance

Action for without divorce, 3 : 116 Decreeing when divorce denied, 3 : 115 What property resorted to to pay, 3 : 121 When divorce decreed, 3 : 120 Marriage, see Marriage

Marriage, how dissolved, generally, 3 : 111 Name, resumption of former, 3 : 127

Practice in proceedings for, 4 : ISl Presumptions arising from lapse of time, 3:105, 10(5 Process in proceedings for, 4 : 181 Recrimination as a bar, 3 : 91, 102 Recriminatory defense, condonation of, 3 : 103 Residence of plaintiff for purposes of, 3 : 108 Resumption of former name, 3 : 127

Security for alimony and maintenance, 3 : 120 Separate property Resort to, 3 : 121 Subject to support of children, 3 : 123 When not subject to allowance, 3 : 122 Separation

Agreement for, see Husband and Wife

As desertion, 3 : 77-80

Service of process in divorce actions, 4 : 182

Sitting of court, private, 4 : 22

Support, action by wife for permanent, 8 : 116 Time for appearance and answer, 4 : 183 Venue, 4 : 152 Dockets

See District Court; Magistilvtes' Courts

Docks

Injuring piles securing, punishment, 5 : 838 Doctors

See Physicians

Documents

See Written Instruments

Production of, see Production of Documents

Dog Fighting

Offenses respecting, 5 : 608 Domestic Relations See Divorce; Husband and Wife; Parent and Child

Domicile

See Residence

Husband may select. 3:81, 82, 132 Law of, governs personal property, 3 : 361 Doubt

Degree of crime, as to, effect, 6 : 364

Guilt, reasonable doubt as to, acquittal, 6 : 363 Drugs

Administering to commit a felony, punishment, 5 : 313

Adulteration, see Adulteration

Assault with caustic chemicals, punishment, 5 : 345 Compounding or labeling, offenses respecting, 5 : 541

Narcotics, see Narcotics

Poisons, see Poisons

Selling or offering unwholesome drugs, punishment, 5 : 544 Drunkenness

See Intoxication

Duels

Defined, 5: 321 Fighting or sending or accepting challenge, punishment, 5 : 322 Leaving Canal Zone to evade laws against, 5 : 325

Officer, breach of duty to prevent, punishment, 5 : 324

1003
INDEX

Duels—Continued

Publishing another for not fighting, punishment, 5 : 323 Witness lias no privilege in case of, 5 : 326 Due Process of Law

Guarantee of, 1: 1 Duress

Criminal liability as affected by, 5 : 57 Contracts Consent obtained by, 3 : 823, 824 Renders contract voidable, 3: 823, 952

Rescission for, 3: 952 What constitutes duress, 3 : 825 Marriage voidable where consent procured by, 3: 54 Will procured or revoked by, 3 : 522 Ejectment

Alienation pending suit does not prejudice, 4 : 670 Improvements as set-off, 4 : 664 Return to possession after removal, a misdemeanor, 5: 180 Survey of land in dispute, 4 : 665, 606 Termination of plaintiff's title pending suit, effect of, 4 : 663 W>it of possession, 4: 137

Electricity

Stealing of, punishment, 5: 782 Embezzlement

Bailee, by, 5: 665

Carriers, by, 5: 664 Claim of title as defense, 5 : 668

Clerk, agent, or servant, by, 5: 666

Defined, 5: 661 Embezzled property

Belonging to estate, proceedings to recover, 4 : 1451-1453 Bringing into Canal Zone, 5 : 56, 788

Entries by police as to, 6: 827

Oflicer holds subject to order of court, 6 : 821 Restoration to owner by court, 6 : 822-824

Sale and disposition of proceeds where unclaimed, 6 : 825 Evidence of debt as subject of, 5 : 667 Evidence of, what sufficient, 6: 381

Fiduciaries, by various classes of, 5 : 663 Information for, 6: 204

Intent to restore, as defense, 5 : 669 Persons or officers generally, by, 5 : 662

Public moneys, of In general, 5: 622, 662

No limitation in prosecution for, 6 : 61 Punishment of, 5 : 671 Restoration as ground for mitigation, 5 : 670 Tenant, by, 5: 665 Ward's property, examination of suspect, 4: 1811 Eminent Domain

Guarantee of just compensation, 1 : 1 Employees

See Master and Servant

Compensation for injuries, see Injuries to Canal and Railroad Employees

Government, of Additional compensation for acting for another, p. 872, sec. 72 Adjustment of compensation of positions in field services, p. 875, sees. 677, 678

Contributions or presents to superiors, p. 874, sec. 113

Division of time and computation of pay, p. 874, sec. 84 Double salaries, p. 870, sees. 58-59a Extra allowances, p. 872, sec. 70 Extra compensation or perquisites, p. 872, sec. 71 Extra services, p. 871, sec. 69

1094
INDEX

Employees—Continued

Government, of—Continued

Fees or dues in societies, p. 873, sec. 83 Holding other lucrative office, p. 871, sec. 62 Leave of employees in reserve corps, p. 891, sec. 371 Personnel reductions, married persons, p. 870, sec. 37a

Preference in apointment against spouse of married employee, p. 869, sec 35a

Preference in appointment to discharged soldiers, etc., p. 869, sec. 35

Receiving salary from source other than United States, p. 871, sec. 66

Retired service officers and enlisted men, p. 870, sees. 59, 59a, 62

Subsistence expense act, p. 887 Transportation of automobiles of, p. 888, sec. 823a Travel on ships of American registry, p. 996, sec. 891r Traveling expenses, p. 872, sees. 73, 73a, 73b Withholding pay on removal for cause, p, 870, sec. 46a

Withholding pay when in arrears, p. 873, sec. 82 Guardians of estates of, public administrator as, 4 : 1747 Panama Canal, of Appointment, 2: 81 Compensation

Deduction from, of amounts due for supplies or services, 2: 83 Deduction from, of persons in military or naval service, 2 : 82 Due deceased or insane employee, payment, 4 : 1705 Fixing of, 2 : 81 For injuries, see Injuries to Canal and Railroad Employees

Deceased or insane, payment of compensation due to, 4 : 1705

Disability, retirement for, 2: 94 Exemption from military service of Panama, p. 844, art. 12 Exemption from taxation by Panama, p. 834, art. 10 Immigration and free access, Panama to permit, p. 844, art. 12 Removal, 2: 81

Retirement, see Retirement of Canal, and Raii,eoad Employees

Panama Railroad Company, of Compensation due deceased or insane employee, payment, 4 : 1705 Compensation for injuries to, 2: 121-123; see Injuries to Canal and

Railroad Employees

Exemption from taxation by Panama, p. 843, art. 10

Liability of Railroad for injuries to, p. 989, sees. 52-59

Retirement, 2 : 91-107 ; see Retirement

Postal service, authority of Governor to appoint, 2 : 272

Public moneys, offenses by employees respecting, 5 : 621-625 Retirement, see Retirement of Canal and Railroad Employees

Engineers

Intoxication of, punishment, 5 : 526 Omission to give warning at crossing, 5 : 525 Entry

Forcible, see Forcible Entry and Unlawetjl Dettainer

Judgment, see Judgment

'Equity See Cancelation ; Injunctions ; Preventive Relief ; Quieting Title ; Reformation ; Rescission ; Specific Pe:rformance ; Specifio Relief

Jurisdiction of district court, in, 7 : 23 Law and equity jurisdiction not separately exercised, 7 : 24 Maxims of jurisprudence, 3: 2831-2865 One form of civil action only, 4 : 71 Error

Disregarded where substantial rights not affected, 4 : 277

Pleading, in, does not invalidate unless prejudicial, 6: 162, 189 Escape

Arrest, from, retaking, 6: 100, 101

Assisting, punishment of, 5 : 202, 203 Carrying into prison things useful in, 5: 204

Hospital, assisting escape of person confined in, 5 : 205

1095
INDEX

Escape—Continued

Liability of marshal, 4: 313

OflBcer aiding or permitting, 5: 202

Punisliment of, 5 : 201 Refusing to aid in retaking, punishment of, 5 : 175 Reward for escaped convict, Governor may offer, 6: 851 Escheat of Property

Action to determine rights of United States to escheated property, 4 : 1182, 1183

Alien, interest of, escheats when, 3 : 263 Claims against estate, escheat where claimant cannot be found, 4: 14M

Claim to escheated property, 4 : 1184

Decedent's estate, of, see Estates of DEx;Ea>E:NTS Distributive share of estate, escheat of in certain cases, 4: 1651, 1663 Proceeds covered into Treasury, 4 : 1185

Sale of escheated property, 4: 1182 When property escheats, in general, 3 : 633, 652 ; 4 : 1181 Escrow

Delivery in, 3: 458 Espionage

Offenses and punishment, p. 1009, sees. 31-42 Estates

See Estates of Decedents ; Propekty ; Real Property ; Succession ; Wills

Life ; for, inventory by legatee lor life, 3 : 617 Estates of Decedents

See Executors and Administrators ; Probate Proceedings ; Public Administrator ; Succession ; Wills

Absentee's interest in, disposition of, 4: 1661-1665

Actions by and against estates, see Executors and Administrators

Administration of estate less than $150, by public administrator, 4: 1703 Administration of estate not exceeding $1,000 in value, 4 : 1467 Agents for absent distributees, 4: 1661-1665

Aliens dying intestate, disposition of estate, 4 : 1706 Appraisement, 4 : 1431-1433 Attachment of personalty pending administration, 4 : 376

Attorneys' fees, 4: 1565, 1568

Citation to person intrusted with property of, to account, 4 : 1454 Claims against estate Action on Claimant not a competent witness, 4: 1903

Executor's claim, 4 : 1490 Judgment and execution, 4 : 1485

Liability of representative for costs, 4: 1489

" Limitations, 4 : 1479, 1482 Presentment or filing as prerequisite, 4 : 1481 Time to bring after rejection of claim, 4 : 1479 Action pending at decedent's death, filing claim, 4: 1483

Affidavit and allowance, payment without, 4 : 1578

AJfidavit to support, 4 : 1476 Allowance in part, 4 : 1484 Allowance of, 4: 1477 Contingent or disputed claims, provision for, 4: 1596

Contracts of decedent to transfer property, compelling completion, 4: 1541-1551

Costs, liability of executor for, 4 : 1489 Debts of estate, see that subhead, infra Description of, entry by clerk in register, 4 : 1475 Examination of claimant as to validity, 4 : 1480 Execution

After order for payment of claims, 4 : 1597 Levied before death, 4: 1486 Not to issue, 4 : 1485, 1486

Executor's claim, 4 : 1490

Exhibit of, duty of representative to render, 4 : 1571 Failure to file, effect of, 4 : 1475 1096
INDEX

'Estates of Decedents—Continued

Claims against estate—Continued

Hearing evidence as to validity, 4 : 1480

Indoi-sing allowance or rejection, 4 : 1477

Interest-bearing clairus, payment of, 4 : 1493

Interest on, 4 : 1476 Judgment

Against decedent in liis lifetime, 4 : 1486 Against representative, effect of, 4 : 1485 Claims by judgment creditors, 4 : 1485, 1486

Filing of transcript, 4: 1485

Liability of representative after payment decreed, 4: 1597 Lien

Action to enforce, 4: 1481

Presentation of claim secured by, 4 : 1478 Limitation of actions on, 4: 1479

Limitations, claims barred by, not to be allowed, 4 : 1480 Mortgage

Presentation or filing of claim secured bj% 4 : 1478 To enforce, 4: 1481 Not due, provision for, 4: 1596 Not included in oixler for payment of debts, how disposed of, 4: 1598

Notice to creditors, see that subhead, infra Procedure where claimant cannot be found, 4 : 1494

Proofs may be demanded, 4: 1476 Purchase by representative forbidden, 4: 1566 Ranking of allowed claims, 4 : 1477 Reference of disputed claim, 4 : 1487, 1488

Rejection of, 4: 1477, 1479

Representative not to purchase, 4 : 1566 Statement of, executor to return, 4 : 1492

Statute of limitations, claims barred by, not to be allowed, 4: 1480 Time for presenting or filing, 4 : 1472, 1477, 1482 Vacancy in administration, time of, not included, 4 : 1482 Voucher, withdrawing original, 4 : 1478 Vouchers may be required, 4: 1476 Written instrument, claim founded on, how presented, 4 : 1478 Community property is subject to administration, debts, and charges, 3 : 649 Concealed property, proceedings to recover, 4 : 1451-1453

Costs of administration, see Expenses of administration, this subject

Death of child pending administration, 4 : 1622 Death of heir or legatee before distribution, 4 : 1627 Debts of estate

All property chargeable with, 4 : 1501 Apportionment where funds insufficient, 4 : 1593, 1595 Community property liable for, 3 : 649 Contingent or disputed claims, provision for, 4: 1596 Dividends to creditors when estate insufficient, 4 : 1593, 1595 Execution for debts, right to after payment decreed, 4: 1597 Family allowance, preference over debts, 3 : 612 ; 4 : 1465 Funeral expenses, order of payment, 4 : 1591, 1594

Interest-bearing claims, payment of, 4 : 1493

Interest, rate payable where estate insolvent, 4: 1591 Judgments, order of payment, 4 : 1591 Last sickness, payment of expenses of, 4 : 1591, 1594, 1704

Liability of successors for decedent's obligations, 3 : 653

Liens, order of payment of, 4 : 1591, 1592

Mortgages, preference of, 4 : 1591, 1592 Not due, provision for, 4 : 1596 Order for payment

Disposition of claims not included in, 4 : 1598 Execution may issue on, 4 : 1597 Personal liability of representative after, 4: 1597 When made, 4: 1595 Order of payment, 4 : 1591 93803—34 70 1097
INDEX

'Estates of Decedents—Continued

Debts of estate—Continued

Payable when ordered by court, 4 : 1594 Payment

Claims not due, 4: 1596 Contingent or disputed claims, 4 : 1596 For less than value, 4 : 1566

Interest-bearing claims, 4: 1493 Order of resort to property for payment, 3 : 612, 614 Secured debts by special administrator, 4 : 13S8

I'ersonal liability of representative after order for payment, 4 : 1597 Preference of debts of prior class, 4 : 1593 Procedure where claimant cannot be found, 4 : 1494 Proceedings where funds insufficient, 4 : 1593, 1595 Promise by representative to answer out of own estate, 4 : 1561 Property chargeable with, 4 : 1501 Depositing of funds, 4 : 1532 Discovery of property after settlement, letters issued on, 4 : 1668

Distribution and partition

Advancements to heirs, determination as to, 4 : 1641 Assigning larger share to one on payment to others, 4 : 1636 Assigning whole estate to one on payment to others. 4 : 1635 Assignment of interest, distribution to assignee, 4 : 1633 At time of final settlement by representative, 4 : 1580 Cases in which may be ordered, 4 : 1631 Commissioners

Appointment of, 4 : 1631 Not necessary when, 4 : 1640 Powers, 4: 1638 Report and confirmation or rejection thereof, 4 : 1639

Notice, 4 : 1632, 1638 Payments for equality, 4 : 1635, 1636

Petition for and notice thereof, 4: 1632 Report by commissioners, 4 : 1639

Sale of estate, 4 : 1637

Shares, how set out, 4: 1634 When may be made, 4 : 1631 Whole estate assigned to one, when, 4 : 1635

Distribution, final Advancements

Detei'mination as to, 4 : 1641

Effect of, see Advancements

Agent for absent distributee, 4 : 1661-1666 At time of final settlement by representative, 4 : 1580 Bequest of debt due by executor, 4 : 1436

Collector of Panama Canal, when made to, 4: 1651, 1663, 1664

Contest of petition for, 4 : 1625 Death of heir or legatee before distribution, 4: 1627 Death of minor heir, 4 : 1622 Decree

Conclusiveness of, 4 : 1623, 1041 Entered at length, to be, 4 : 1681 What to contain, 4 : 1623 Delivery to foreign executor, 4 : 1624 Discovery of property after final settlement, 4 : 1668

Distributees may sue representative, 4 : 1623

Estates not exceeding $1,000, 4 : 1467 Estates under $150, by public administrator, 4:1703

Extension of time for, 4 : 1599

Final account, distribution and partition at the same time, 4:1580

Foreign executor, distribution to, 4 : 1624

Heirs, issue, or children, proceedings to determine identity, 4 : 1695

Heirship

New trial in proceedings to determine, 4 : 1689 Proceedings to determine, 4 : 1621

1098
INDEX

•Estates of Decedents—Continued

Distribution, final—Continued

Nonresident, proceedings where decedent wiis, 4 : 1024 Notice of, 4 : 1580

Notice of hearing, 4 : 1625 Order for, where all debts paid by first distribution, 4 : 1599 Order of resort to property for payment of legacies, 3 : 613. G14

Petition for, 4 : 1625 Procedure where claimant cannot be found, 4 : 1494 Refusal of share by distributee, procedure, 4: 1651 Testamentary trust, jurisdiction continues after distribution, 4 : 1671 Time and manner of, 4 : 1622 Time for hearing and postponement thereof, 4 : 1625 Unclaimed property, how disposed of, 4 : 1651, 1663 Where distributee cannot be found or is incompetent, 4 : 1651

Distribution, partial

Bond for, 4 : 1611, 1614 Bond, payment of and suit on, 4 : 1615 Decree to be entered at length, 4 : 1681

Notice of application for, 4 : 1612, 1616 Order for, 4 : 1614, 1616

Partition on, 4 : 1614, 1616

Petition for, 4 : 1611, 1616 Proceedings for, 4 : 1611-1616 Who may apply for, 4:1611, 1616 Who may resist, 4 : 1613, 1616 Embezzled property, proceedings to recover, 4 : 1451-1453

Estates not exceeding $1,000, summary administration, 4 • 1467

Estates under $150, how handled by public administrator 4 • 1703 Expenses of administration

' All property of estate chargeable with, 4 : 1501

Attorneys' fees, 4 : 1565, 1568

Clerk's fees in probate matters generally, 4 : 984 Commissions and allowances of representatives, 4 : 1565 1567 Community property subject to, 3 : 649 Estimate on final distribution of expenses of closing estate 4 • 16'>2 Preference in payment, 3 : 612 Family allowance

All property of estate chargeable with, 4 : 1501 Apportionment of property set apart, 4 : 1466, 1468

Child left unprovided for, district attorney may claim support 3 • 175 Community property subject to, 3 : 649 ^ . • Estates not exceeding $1,000, 4 : 1467 Payable as soon as funds available, 4 : 1594 Pending return of inventory, 4:1461

Pending settlement of estate, 4 : 1464

Preference of, 3 : 612 ; 4 : 1465

Setting apart exempt property, 4 : 1462 1463 Time of taking effect, 4 : 1465 Wearing apparel and household effects, 3 : 649 • 4 • 1461 Fraudulent conveyance by decedent, recovery by representative, 4:1529-

Fraudulent disposition of property, proceedings for recovery, 4 • 1451-1453 Funeral expenses Order of payment, 4 : 1591, 1594 Payment by public administrator, 4 : 1704

Representative may pay before qualification, 3:625

Heirs, issue or children, proceedings to determine identity 4 • 1695 Heirship ' * New trial in proceedings to determine, 4 : 1689 Proceedings to determine, 4 : 1621 Inventory

Afterdiscovered property, 4 : 1439

Necessity, 4 : 1431 Oath to, 4 : 1437

1099
INDEX

'Estates of Decedents—Continued

Inventory—Continued

Partnership interests of decedent, 4: 1525 Revoking letters for failure to return, 4: 1438, 1439 Time to return, 4: 1431, 1438 What to contain, 4: 1433-1436 Investment of funds, 4: 1533

Jurisdiction, which division has, 4: 1201, 1202 Last illness, payment of expenses of, 4 : 1591, 1594, 1704 Mortgage of, borrowing money on chattel mortgage, 4: 1508 New trials, provisions, how far applicable to probate proceedings, 4: 1689 Nonresident distributee, agent for, 4: 1661-166'6 Notice to creditors Decree showing due notice, 4 : 1474

Failure to give, 4: 1491, 1598

Filing copy of, 4 : 1473, 1474

In general, 4 : 1471

Rejection of claim, notice of, 4 : 1479

Rights of creditors without notice, 4 : 1475 Time to present claims, 4 : 1472

Notices to persons interested during administration, 4: 1330

Partnership, interest of decedent in, how settled, 4: 1525

Possession of Duty of representative to take, 4: 1521 Real estate, when delivered to heirs or devisees, 4 : 1441 Right of representative to, 4: 1440 Probate of wills, see Wills

Probate proceedings, see Probate Proceedings

Property of intestate passes to heirs subject to administration, 3 : 632 Reopening estate, 4: 1668

Sale of property

Choses in action, how sold, 4: 1505 Confirmation necessary, 4: 1502 Contracts of decedent to transfer, completion of, 4 : 1541-1551

Depreciating property, 4: 1503 In general, 4: 1501 Order in which property sold, 4 : 1506 Partnership interests, 4 : 1505

Perishable property, 4 : 1503 Personal property, 4: 1504, 1507 Property specifically bequeathed, may be authorized, 3 : 616 Real property, 4: 1509, 1624 Unclaimed personalty of absentee, 4: 1663

Succession to, see Succession

Support of family, see Family allowance, this subject

Time for closing administration

Extension of, 4 : 1599, 1626

In general, 4: 1600 Estates of Missing Persons

See Missing Peksons

Estoppel

Declarations, acts or omissions, by, 4 : 2000

Failure to forbid act done on one's behalf, 3 : 2841 Evidence

See Depositions ; Variance ; Witnesses

Acts

Another, of, party not affected by, 4: 1865

Decedent, of, against interest, 4 : 1S70 Forming part of transaction, 4: 1867, 1888 Member of family, of, as evidence of pedigree, 4: 1869

Part in evidence, all may be proved, 4 : 1871

Party, of, admissibility, 4: 1888

Predecessor, of, as to title, admissible, 4 : 1866

Admissibility, in general

Character, evidence of good, 4 : 2122

Collateral fact, inquiry into, 4 : 1886 1100
INDEX

Evidence—Continued

Admissibility, in general—Continued

Common reputation respectinji facts ('ver tliirty years old, 4: 1888 Compromise, evidence of, not :ulniis.sible, 4: 797, 911, 2154

Confined to material allegations, 4 : 1886 Contract required to be in writing, evidence as to, 4 : 2017 Facts which may be proved on trial, In general, 4 : 1888 Former trial, testimony at, 4: 1888 Former will contest, testimony at, 4: 1235

Material objects, 4: 1991

Obligation of third person, evidence as to, 4: 1868 Part in evidence, all may be proved, 4: 1871 Personal knowledge, testimony confined to, 4: 1862 Proof of particular facts or questions, see that subhead infra Question of law, is, 4: 2182 Testimony from writing without recollection of facts, 4 : 2116 Third person, evidence relating to, 4 : 1868 Admissions

As indirect evidence, 4 : 1850 Divorce action, admission of defendant in, 4 : 2155 Execution of writing, of, 4 : 1974

Offer to compromise is not, 4 : 2154

Oral, viewed with caution, 4: 2131

Affidavits, see Affidavits

Burden of proof

Affirmative allegations only need be proved, 4 : 1887

Affirmative of issue to be proved, 4 : 2131

Alteration of writing, of, 4 : 2032

In general, 4: 2031 Material allegations only need be proved, 4 : 1885 Negative allegation, whether to be proved, 4 : 1887 One holding affirmative must produce evidence, 4 : 2031 Want of consideration, to show. 3 : 871 Compromise, evidence of offer not admissible, 4 : 797, 911 2154 Concealment, a felony, 5 : 164 Conclusive evidence

Defined, 4 : 1854 In general, 4 : 2021 Presumptions, what conclusive, 4: 2006

Recitals in statutes, 4 : 1929 Continuance because of absence of evidence, see Continuance

Corroborative evidence, defined, 4: 1856 Criminal actions, in, see separate subhead, infra Cross-examination of witnesses, see Witnesses

Cumulative evidence Court may stop production of, 4 : 2113

Defined, 4 : 1855 Declarations

Another, of, party not affected by, 4 : 1865

Decedent, of, against interest, 4: 1870

Dying, 4: 1888 Forming part of transaction, 4 : 1867, 1888 In general, 4: 1888 Member of family, of, as to pedigree, 4 : 1869 Part in evidence, all may be proved, 4 : 1871

Predecessor, of, as to title, admissible, 4 : 1866

Testator, of, inadmissible to show intent, 3 : 591 Written, under oath, to be by deposition, 4 : 2081

Definitions Conclusive evidence, 4: 1854 Corroborative evidence, 4 : 1856 Cumulative evidence, 4: 1855

Direct evidence. 4 : 1849

Evidence, 4 : 1841

Indirect evidence, 4 : 1850

1101
INDEX

Evidence—Continued

Definitions—Continued

Indispensable evidence, 4 : 1853 Law of evidence, 4 : 1843

Partial evidence, 4 : 1852 Prima facie evidence, 4 : 1851 Primary evidence, 4: 1847

Proof, 4 : 1842 Secondary evidence, 4 : 1848 Degrees of, specified, 4 : 1846

Depositions, see Depositions

Destruction, a felony, 5: 164 Direct evidence, defined, 4 : 1849 Documentary evidence

Acknowledged instrument or writing as evidence, 4 : 1980, 1982

Affidavits, what provable by, 4:2071, 2072

Altered writing, when admissible, 4: 2032

Construction of writings, 4 : 187-^1884 ; see Contracts ; Weitten

Instruments

Copies of books, accounts, etc., right to take, 4 : 921 Deeds, acknowledged, as evidence, 4 : 19S0i 1982 Deeds under court process as evidence, 4 : 1952

Destruction or concealment, a felony, 5 : 164

Entries Copies of, in course of business, as evidence, 4 : 1979

Decedent, by, when admissible, 4: 1978 Family bibles or books or charts, 4 : 1888

OflScers, by, as evidence, 4 : 1946, 1951

Falsifying evidence, a felony, 5 : 161, 163 Foreign laws or decisions, l)ooks containing, 4 : 1926, 1928

History, art, or science, books of, 4 : 1968

Inspection, see Inspection of Writings

Judgment as, 4: 1934-1941, 2006

Judicial record Court of admiralty, of, effect of, 4 : 1940 Foreign country, of, effect of, 4: 1941 How proved, 4 : 1931-1933

States, of, effect, 4: 1939 Maps or charts, 4 : 1968 Need not be introduced though called for and inspected, 4 : 1971

Notice to adverse party to produce writings, 4: 1872, 1970 Order as evidence, 4 : 2006 Part in evidence, all may be proved, 4 : 1871

Production, see Production of Documents

Proof of writings, see Proof of particular facts, this subject

Record of acknowledged instrument as evidence, 4: 1982

Records, officers', are admissible, 4 : 1946, 1982 Refreshing memory from notes, 4 : 2116 Secondary evidence, see that subhead, infra Showing writing to witness, 4 : 2123

Statutes, recitals in, as evidence, 4 : 1929 Wills

Admissibility in action to quiet title, 4 : 661 How shown, 4: 2013

Effect of evidence, 4 : 2131 Examination of witnesses, see Witnesses

Exhibit of material objects, 4 : 1991 Expert

In general, see Witnesses

May decipher characters or translate language, 4: 1881

Falsifying, a felony, 5: 161, 163 Handwriting

Comparison, evidence of, by, 4: 1976, 1977 How proved, in general, 3 : 505 ; 4 : 1975-1977 Opinion of witness as to, 4 : 1888

1102
INDEX

Evidence—Continued

Handwriting—Continued

Probate of will, proof of, on, 4 : 1234 Wlieu may be proved, 3 : 504

Writing, proof of, by, 4 : 1972 Hearsay

Confinement of testimony to personal knowledge, 4 : 1862

Declaration forming part of transaction, 4 : 1867, 1888 When admissible, 4: 1888

Indirect evidence

Classitied, 4: 2001

Defined, 4: 1850

Indispensable evidence

Defined, 4: 1853

In general, 4 : 2011-2014 Perjury or treason, number of witnesses necessary, 4: 1861, 2012

Inferences Arise when, 4 : 2004

Defined, 4: 2002

Indirect evidence, are, 4: 2001 Upon what to be founded, 4 : 2004

Inspection of writings, see Inspection of Writings

Interpreter, when summoned, and duty of, 4: 1906

Judicial notice Court to declare to jury, 4: 2182

Is taken of what facts, 4 : 1891 Kinds of evidence, 4 : 1845 Material objects

As evidence, 4: 1991 Destruction or concealment, a felony, 5 : 164 Modes of taking testimony, 4 : 2061 Omissions

Another, of, party not affected by, 4 : 1865

Decedent, of, against interest, 4: 1870

Party, of, as evidence, 4: 1888 Third person, of, relative to title, 4 : 1866 Opinion evidence, when admissible, 4 : 1888 Order of introducing, 4: 461, 2111 Parol evidence

Admissible on what questions, 4: 1888 Circumstances under which agreement made, 4: 1874, 1878 Contents of writing, 4 : 1872, 1874, 1888 Contract required to be in writing, of, 4 : 2017 Laws of States or foreign countries, 4 : 1928

Local or technical signification of words, 4 : 1879 Oral stipulations, etc., supex'seded by writing, 3 : 887

Partial evidence, defined, 4: 1852

Pedigree, admissibility on question of, 4 : 1869, 1888

Perpetuating testimony, see Depositions

Personal knowledge, testimony of witness confined to, 4 : 1862 Presence of parties, testimony must be given in, 4 : 1863 Presumptions

Adverse character of suppressed evidence, 4: 2007

Defined, 4: 2003 In general, see Presumptions

Inferior evidence, from production of, 4: 2007 Truthfulness of witness, 4: 1864 Prima facie evidence

Books of history, science or art, 4: 1968

Certificate of acknowledgment of private writing, 4 : 1980

Decedent's entries, 4: 1978 Deed under court process as evidence of transfer, 4 : 1952

Defined, 4: 1851 Maps or charts, 4: 1968

1103
INDEX

Evidence—Continued

Prima facie evidence—Continued

Obligation of third person, as to, 4 : 1868

Officers' entries, 4: 1946, 1951 Primary evidence defined, 4 : 1847

Privileged communications between certain persons, 4 : 1904 Production of documents, see Production of Documents

Proof, defined, 4: 1842 Proof of particular facts Accounts, how proved, 4: 1872

Boundaries, common reputation as evidence of, 4 : 1888 Executive acts, how proved, 4 : 1944 Handwriting, see that subhead, supra Instruments How proved when not acknowledged, 3 : 501 ; see Acknowledgments

Proof of execution by subscribing witnesses, 3 : 501-503

Judicial records, how proved, 4 : 1931-1933

Justice's judgment of a State, how proved, 4 : 1947, 1948 Laws, foreign, how proved, 4: 1926-1928

Marriage, how proved, 3 : 52 Newspaper, publication in, how proved, 4 : 2072, 2073

Official acts and documents, how proved, 4: 1944

Public record of private writing, how proved, 4 : 1945

Record, how proved, 4: 1872 Writings

Acknowledged, admissibility, 4: 1980, 1982 Contents of, how proved, 4 : 1872 Execution need not be proved, when, 4 : 1974 How proved, in general, 4 : 1972-1977, 1980

Lost or destroyed, how proved, 4 : 1872, 1969

Public, of United States or Territories, how proved, 4: 1950 Questions of fact, when for jury, 4 : 2181 Questions of law, when for court, 4 : 2182 Refreshing memory of witness, 4: 2116

Relevant

Must be, 4 : 1886 What is, 4: 1888 Res gestae, evidence admissible as, 4 : 1867, 1888 Rules of Construction and application is for court, 4 : 2182

What applicable on trial of question of fact by court, 4 : 2183 Secondary evidence Abstracts of title, admissibility where records destroyed, 4: 1873

Certified copies, contents of certificate, 4 : 1949 Contents of writings, when admissible, 4 : 1872, 1888, 1969, 1970

Defined, 4: 1848

Entries, copies of, when admissible, 4 : 1949

Instruments, copies of are secondary evidence, 4: 1848

Judicial records, certified copies as evidence, 4 : 1931-1933 Lost or destroyed writings, of, 4 : 1872, 1969

Notice to adverse party to produce original writing, 4 : 1872, 1970

Original writing to be produced or accounted for, 4: 1872, 1969

Possession of original writing by adverse party, 4: 1872, 1970

Public writings, of, certified copies admissible, 4 : 1921, 1982

Records, certified copies of, admissilile, 4 : 1982 Unanswerable evidence, in general, 4 : 2021 Usage

Admissible, when, 4: 1888 Local signification of words, 4: 1879 Usury, of, 3: 1269

Variance, see Vabianoe

View of premises by jury, 4 : 464

1104
INDEX

Evidence—Continued

Weight and sufficiency

Degree of certainty required, 4 : 1844

Instructions as to effect of evidence, 4 : 2131 Jury judges of effect of evidence, 4 : 2131 Material allegations only need be proved, 4 : 1S85 Number of witnesses necessary to prove fact, 4 : 1861, 2012 Presumption that witness speaks the truth, 4 : 1864 Rules governing in weighing testimony, 4 : 2131

Wills, affecting, see Wills

Witnesses, see Witnesses

IN CKIMINAL ACTIONS

Abortion, corroboration of prosecutrix, 6: 376

Accomplice, corroboration of, 6 : 387 Bigamy, proof of marriages, 6 : 377

Bill of exceptions, insertion of evidence in, 6 : 441 Concealment, a felony, 5: 164

Conspiracy, proof of overt act, 6 : 378

Depositions, reading in evidence, 6: 14, 147, 691, 714

Destruction, a felony, 5 : 164 Embezzlement, of, 6: 381 False pretenses, of, 6: 379

Falsifying, a felony, 5: 161, 163 Forgery of bank bill or note, of, 6 : 880

General rules of, 6: 369

Intent to defraud, proof of, 6 : 375 Larceny, of, 6: 381

Lottery law violation, of, 6: 382 Manslaughter, proof of death and fact of killing, 6 : 383 Murder

Burden of proving justification or excuse, 6 : 384 Proof of death and fact of killing, 6: 383 Newly discovered, new trial for, 6 : 452 Order of introducing, 6: 361

Perjury, proof of, 4: 1861, 2012; 6: 385, 386

Plea of not guilty, evidence admissible under, 6 : 275 Reasonable doubt, defendant entitled to acquittal, 4: 2131 Receiving out of court, new trial for, 6 : 452 Rules of, same as in civil actions, 6 : 369 Search of defendant for, when ordered, 6 : 780 Seduction for purpose of prostitution, of. 6: 376 Testimony at former trial, when admissible, 6: 14 Treason, number of witnesses necessary, 4: 1861, 2012

Variance, see Variance

Witnesses, see Witnesses

Evidence of Debt

See Choses in Action

Exceptions

After judgment, how settled, 4: 526

Bill of Decisions after judgment. 4: 526

Evidence, how much to be stated, 4: 523 Extension of time for preparation, 4: 960

Preparation and settlement, 4: 525-528

Proceetlings if judge refuses to allow, 4 : 527

Settlement, 4: 525, 527, 528 When to be presented, 4: 524 Criminal actions, in, see separate subhead, infra Defined, 4: 521 Documents on file, how incorporated, 4: 523

Evidence, how far to be stated, 4: 523 Form of, generally, 4: 523 Matters deemed excepted to, 4: 522

1105
lUDEX

Exceptions—Continued

Settlement of, time for, 4: 524, 525

Signing by judge, 4: 524 Time to take, 4: 521 IN CRIMINAL ACTIONS

Bill of Evidence, insertion in, 6 : 441

Instructions, insertion of entire charge forbidden, 6: 442 Preparation in criminal actions, rules authorized, p. 983, sec. 723a

Settling, 6: 443

Certain rulings not subject to, 6: 433

Defined, 6: 431 Matters deemed to have been excepted to, 6 : 434 Time of taking, 6: 432 Exchange

Bills of, see Bills of Exchange

Deposit for exchange, effect of. 3: 1221 Loan for exchange, 3 : 1251-1255 Exclusion

Canal Zone, from, of undesirable persons, 2: 141, 142 Importing foreign convicts, a felony, 5 : 184 United States, from, of persons seeking entry through Canal Zone, p. 889,

sec. 136 Execution

See Supplementary Proceedings

After five years, 4: 586

Alias execution, issuance of, 4: 588 Attached property, sale under, 4: 365 Claim of property

How made, 4: 589 Undertaking indemnifying marshal, 4: 589 Undertaking releasing property from execution, 4: 611-618

Contents of writ, 4: 583

Contribution among defendants, right of, and how enforced, 4 : 610 Criminal actions, in, see separate subhead, infra Death, issuance after, 4: 587, 1486

Decedent, judgment against, no execution can issue, 4 : 1485, 1486 Discharge of person imprisoned on execution, 4 : 1121-1132 Executed how, 4: 591 Executor, against After decree for payment of claims, 4 : 1597 No execution can issue, 4 : 1485, 1486 Exempt

Retirement moneys are, 2 : 106 What property is, generally, 4: 590

Forcible entry and detainer, in, 4 : 1145, 1154 Form of, 4: 583 Instruments, of, how proved when not acknowledged, 3 : 501, see Acknowledgments

Issuance of After death, 4: 587, 1486 After five years, 4: 586

In general, 4: 583 Time of, 4 : 581 Judgment, manner of enforcing, 4: 585 Levy of Before death, proceedings on, 4: 1480 How made, 4: 583, 591

I'roperty not affected until, 4 : 588 Property subject to, 4 : 588 Upon goods for which negotiable document of title has been issued, 3: 1019, 1161 Without process, a misdemeanor, 5: 173

Writ, how executed, 4 : 5S3, 588, 591 Lien of officer levying writ, 3 : 2316

1106
IKDBX

Execution—Contiuued

Magistrate's court, from, 4: 811-SlG ; see Magistrates' Courts

Manner of executing writ, 4 : 591

Marslial's deed as evidence of transfer, 4 : 1952 Money, order for payment of, enforcealile by, 4 : 934 Mortgaged property, against, 3 : 2268-2270 Order of court, enforcing by, 4 : 934 Payment by person owing judgment debtor, 4 : 623 Performance of act, how enforced, 4 : 585

Person, against the Advancement for support of prisoner, 4 : 1132 How executed, 4: 583, 585

Possession, writ of, 4: 137 Property

Exempt, what is, 4: 590 . How subjected to, 4: 583, 585 Not affected until levy, 4: 588 What subject to execution, 4: 588 Redemption

Amounts to be paid on, 4 : 603, 604

Certificate of, 4: 604

Definition of redemptioner, 4: 602 Judgment creditor of decedent, by, 4: I486' Notice of, 4: 604 Restraining waste until time expires, 4 : 607 Right to rents and profits pending, 4: 608 Subsequent redemptioner, redemption by, 4: 604 To whom payments are to be made, 4 : 605 What a redemptioner must do, 4: 606 What property is subject to, 4: 601 When property may be redeemed, 4: 603 Who may redeem, 4: 602 Rents and profits pending redemption, 4 : 608

Requisites of writ, 4: 583 Returnable when, 4: 584

SaleAbsolute in what cases, 4: 601

Certificate of, 4 : 598, 599, 601 Conducted how, 4: 594 Deed to purchaser, 4: 604 Delivery of property, 4 : 598

Failure to get possession, 4 : 609 Judgment directing, how enforced, 4 : 585 Notice of, 4: 592, 593 Property to be sold, 4 : 591 Recovery by purchaser for injuries to property, 4 : 669 Refusal of purchaser to pay, 4 : 595-597

Restraining injury to property after, 4 : 668

Restraining waste by purchaser, 4 : 607 What title passes, 4: 600

Satisfaction of judgment on return of, 4 : 550 Stay of, power of court as to, 4 : 582 Subrogation of debtor or surety paying, 4 : 610 Supplementary proceedings, 4: 621-628; see Supplementary Pkoceedings

Time of issuance, 4 : 581, 586 Waste, enjoining, after sale and before conveyance, 4 : 668

IN CRIMINAL ACTIONS

Authority for, of judgment other than death, 6 : 511 Commencement of term of imprisonment, 6 : 517

Consecutive running of sentences, 6 : 516 Death, judgment of Duty of district attorney on sanity hearing, 6 : 525 Duty of warden upon finding as to pregnancy, 6 : 529

1107
INDEX

Execution—Continued

Death, judgment of—Continued

Duty of warden upon finding relative to sanity, 6 : 527

' Inquiry into sanity of defendant, 6 : 524 Inquiry into supposed pregnancy of defendant, 6 : 528 Mode of inflicting death, 6: 531 Persons present, 6: 532

Place of execution, 6: 532 Remaining unexecuted, ordering execution, 6 : 530 Return upon warrant, 6 : 533 Signing and filing of certificate of inquisition, 6 : 526 Suspension of, 6: 523 Time of execution, 6 : 521 Transmission of statement to Governor after conviction, 6: 522 Warrant for, 6 : 521 Fine and costs, judgment of, how executed, 6 : 512, 513 Imprisonment, judgment of, how executed, 6: 513-518 Judgments other than death, of, 6 : 511-518

Mittimus, furnishing to officer charged with executing judgment, 6: 511 Temporary releases not part of term of imprisonment, 6 : 518 Executive

Crimes against executive power, 5 : 91-104

Office and officer defined, 5 : 91 Executors and Administrators

See Estates of Decedents ; Probate Proceedings ; Public Administratob ; Succession ; Wills

Account

After authority revoked or ended, 4 : 1391, 1575, 1585 Allowance

Conclusiveness of allowance of account, 4: 1583 Debts paid without affidavit and allowance, for. 4: 1578 Necessary expenses, for, 4 : 1565 Payments where no voucher procured, for, 4 : 1578 Where claim paid for less than value, 4: 1566 Chargeable with all of estate, representative is, 4 : 1562 Compelling by attachment, 4 : 1573, 1574

Condition of estate, duty to render exhibit of, 4 : 1571

Contest of, 4 : 1572, 1581, 1582 Court may require, on its own motion, 4 : 1571 Death of repref^entative, in case of, 4 : 1585 Examination of representative under oath, 4 : 1577 Exceptions to and contest of, 4: 1572, 1581, 1582 Final

Considered final where estate exhausted, 4 : 1595

Neglect to file, proceedings on, 4 : 1601 Statement of transactions after filing, 4: 1622 When to be made, 4 : 1600

Final distribution, account on, 4: 1022 Reference of, 4 : 1582 Revoking letters for failure to render, 4 : 1573, 1576

Settlement, see that subhead, infra Special administrator, of, 4:1387

Successor may compel when authority ends, 4:1575

Supplementary, settling, at final distribution, 4:1622

Time to render, 4 : 1571, 1574 Vouchers

Lost or destroyed, 4 : 1577, 1578 Production and filing, 4 : 1577 Small items allowed without, 4 : 1578 Withdrawal of, 4 : 1577 What to sh(AV, 4:1571, 1574 Who may contest, 4 : 1572 Who may require, 4:1571, 3575

1108
INDEX

Executors and Administrators—Coutinued

Actions against

Bond, on, successive actions, 4 : 1355 Claimant not competent as witness, 4 : 1903 Claims against estate, on, 4 : 1479, 1481, 1482

Costs, liability for, 4 : 1489 Execution

Enlorcing personal liability for allowed claims, 4 : 1597 Not to issue on judgment upon claim, 4 : 1485 On judgment against decedent in his lifetime, 4:587, 1486 Executors not qualifying need not be joined, 4 : 1527 Judgment against, effect of, 4 : 1485 Limitation of actions on claims, 4 : 1479, 1482

Trial of issues in probate proceedings generally, 4 : 1690, 1691 What actions may be maintained, 4 : 1522, 1524

Actions by

Beneficiaries need not be joined, 4 : 124 Bond of former representative, action on, 4 : 1526

Costs, liability for, 4:1489

Embezzled or concealed property, to recover, 4 : 1451

Execution, issuance upon judgment obtained by decedent in his life- time, 4 : 587 Executors not qualifying need not be joined, 4 : 1527 Fraudulent conveyance by decedent, recovery by representative, 4 : 1529-1531

Quieting title, 4 : 1440 Surviving partner, action against, 4 : 1525

Trial of issues in probate proceedings generally, 4 : 1690, 1691 Waste, conversion or trespass, actions for, 4 : 1523 What actions may be maintained, 4 : 1522, 1523 Appointment

Administrator with will annexed, appointed in what cases, 4 : 1284

1287, 1288

Certificate of appointment, seal, 4 : 25 Competency, see that subhead, infi-a Death or disqualification of original representatives, on, 4 : 1394

Debtor, effect of naming as executor, 4 : 1435 Evidence of, 4 : 1397 Guardian of incomixjteut, appointment as administrator, 4 : 1314 Nomination by person entitled to administer, 4:1329

Objections to appointment of named executors, 4 : 1285 On resignation of prior representative, 4 : 1395 Order of persons entitled to administer, 4 : 1311-1313 Person intended as executor but not named, of, 3 : 623 Preference among those equally entitled, 4 : 1313

Relatives of whole blood preferred as administrators, 4 : 1312 Rights of one who was intended to be appointed, 3 : 623

Special administrators, of, 4 : 1381-1383 Where person entitled is incompetent, 4 : 1314 Attachment of personalty pending administration, 4 : 376 Attorneys for Allowance to, upon fee, 4 : 1565

Special administrator, fees of attorney for, 4 : 1387 What fees allowed, 4 : 1568 Bond

Additional

Application for, time to hear, 4 : 1369

Citation to representative to show cause against, 4 : 1361, 1365 Court may order, on its own motion when, 4 : 1365

Effect of failure to give, 4 : 1358, 1363 Hearing of evidence, 4 : 1362

Petition for, showing failing sureties, 4 : 1360 Suspending power of representative, 4 : 1364 When bond insufficient, 4 : 1357 When ordered, 4 : 1362 Approval by court, 4 : 1356 1109
INDEX

Executors and Administrators—Continued

Bond—Continued

Effect of provision in will dispensing with, 4 : 1359, 1364 Former representative, of, action on, 4 : 1526

Insufficient, citation to and examination of sureties, 4 : 1357

Justification of sureties, 4: 1356

Liability on Allowed claims, for, 4: 1597 Bond of resigning representative, 4 : 1395

Failure to give notice to creditors, 4 : 1598 Kind of money, 4: 1370 New sureties Failure to give, 4: 1368

Release of old, 4 : 1367 New, time to hear application, 4 : 1369 Recording of, by clerk, 4 : 1356 Release of sureties, 4: 1366, 1367

Requisites and conditions of, 4 : 1352, 1353

Separate, when more than one representative, 4: 1354

Several recoveries on, 4 : 1355

Special administrator, of, 4 : 1384 Suspending powers pending motion to require, 4 : 1364 Claims of, against estate, 4 : 1490 Commissions

Allowance on account, 4 : 1565

Special administrator, of, 4 : 1387 What commissions allowed, 4 : 1567 Competency

Absence or infancy of executor named, 4 : 1288

All incompetent, who to act, 4 : 1394 Executor of an executor cannot act, 4 : 1287 Married woman, of, 4: 1286, 1316

Objections to persons named as executors, 4 : 1285 Trust company, of, 4 : 1281 Who incompetent as administrator, 4 : 1315 Who incompetent as executor, 4: 1283 Contest of will, see Wills

Death of Accounting in case of, 4 : 1585 Executor of an executor not entitled to act, 4 : 1287

Issuance of letters to person next entitled, 4 : 1394 Debts of Discharge or bequest of debt due by executor, 4 : 1436

Effect of naming debtor as executor, 4: 1435 Delay in administration, appointment of special or public administrator,

4: 1381 Discharge

On delivery of estate to foreign executor, 4 : 1624 When entitled to, 4: 1595, 1667 Discovery of property after settlement, issuance of letters, 4: 1668 Embezzled property, proceedings to recover, 4 : 1451-1453 Embezzlement by, 5 : 663 Expenses, allowance of, 4 : 1565 Foreign executors Delivery of estate to, 4 : 1624 Powers do not extend beyond jurisdiction, 4: 1939 Fraudulent conveyance by decedent, recovery by representative, 4 : 1529-

1531 Government as party to proceedings in certain cases, 4: 1331

Joint executors Absence of one executor, issuance of letters, 4 : 1288 Acts of portion valid when, 4 : 12S9

Authority where not all appointed, 4: 1289 Bonds, separate, 4 : 1354 Duties of remaining representative on disqualification of others, 4 : 1393 1110
INDEX

Executors and Administrators—Coutinued

Letters of administration Best entitled, issuance to person wlio Is, 4 : 1325 Discovery of other property after final settlement, Issuance on, 4: 1668

Division in which granted, 4: 1201, 1202 Examination Into intestacy, 4 : 1328 Form of, 4 : 1303 Grant to any applicant, 4: 1327 Guardian of incompetent, issuance to, 4: 1314

Incompetent, issuance where person entitled is, 4: 1314 Judge disqualified from granting, when, 4: 1401 Order of persons entitled to administer, 4 : 1311-1313

Petition for Contest of, 4 : 1324 , Date for and notice of hearing, 4 : 1323

Depositions on, 4: 2063 Hearing of, 4: 1325 Proof of intestacy, 4: 1328 Proof of notice, 4: 1325, 1326

Requisites of, 4: 1321

Pi-eference among those equally entitled, 4: 1313 Proofs required before granting letters, 4:3328

Recording of, 4: 1351

Relatives of whole blood preferred, 4: 1312 Request of person entitled, issuance to another on, 4: 1329 Revocation of letters, see that subhead, infra

Special letters, issuance of, 4: 1382 Time for granting, 4: 1322

Letters of administration with will annexed

Form of, 4: 1302 Issued in what cases, 4: 1284, 1287, 1288, 1394

Petition for, 4: 1285

Signature and seal, 4: 1290

Letters testamentary

Absence or infancy of one executor, issuance of letters, 4: 1288

Depositions on application for, waiver of notice of taking, 4 : 2063 Discovery of other property after final settlement, issuance on, 4 : 1668

Division in which granted, 4: 1201, 1202 Failure of named executor to petition for, 4: 1214 Form of, 4: 1301

Issued to whom, 4: 1281-1288 Judge disqualified from granting, when, 4: 1401

Objections to Issuance to named executors, 4: 1285 Recording of, 4: 1351

Liability

Allowed claims, for, 4: 1597 Chargeable with all of estate. 4: 1562

Costs on judgment against, 4: 1489 Discharge from, when decreed. A: 1667

Distributees may sue for distributive shares. 4: 1623

Failure to give notice to creditors, for, 4: 1598 Not to profit or lose by estate, 4 : 1563 Promise to answer out of own estate, 4: 1561

Uncollected debts, for, 4: 1564 AVhere court does not approve sale of personalty, 4: 3503

Notices to persons interested during administration. 4: 1330 Oath

Attachment to letters. 4: 1351 Before letters issue. 4: 1351

Special administrator, of. 4: 1384 Trust company as executor, of. 4: 1281 Powers and duties Acts valid until revocation, 4: 1.396 Administrator with will annexed, authority of. 4: 1290 Allowance or rejection of claims, see Estates of Decedents

nil
INDEX

Executors and Administrators—Continued

Powers and duties—Continued

Appointment of executor by executor, power given is void, 3 : 624 Borrowing money

Chattel mortgage, on, 4: 1508 Unsecured note, on, 4 : 1510

Citing persons intrusted with estate to account, 4: 1454 Claims against estate, not to purchase, 4 : 1566

Collection of debts due estate, 4 : 1521 Compromising or compounding debt, 4 : 1528 Concealed property, proceedings to recover, 4: 1451-1453

Contracts of decedent to transfer or convey property, completion of, 4: 1541-1551

Depositing of funds, 4: 1532 Embezzled or concealed property, recovery of, 4 : 1451-1453 Executor under will found after prior letters granted, of, 4 : 1392 Exhibit of receipts and expenditures, 4 : 1571-1573 Funeral expenses, may pay before qualification, 3 : 625

Interest-bearing claims, payment of, 4 : 1493 Investment of funds pending settlement, 4 : 1533 Measures for protection of estate, may take before qualification, 3: 625 Negotiable instrument, presentment to, for payment, 3 : 2427

Possession of estate Duty of representative to take, 4 : 1521 Real estate, when delivered to heirs or devisees, 4 : 1441 Right to, 4: 1440

Qualification, may do what acts before, 3 : 625 Quieting title to real property, 4: 1440 Repair of property, 4: 1440 Revocation of probate of will, effect of. 4: 1255

Sale of property, see Estates of Decedents

Special administrator, of. 4: 1385 Statement of claims, duty to return, 4 : 1492

Territorial limits of authority, 4: 1939

Practice in probate proceedings generally, see Prorate PRocB3n)iNGS

Property of intestate passes to heirs, subject to administration, 3: 632 Removal

Commitment for contempt as ground for. 4 : 1693 Compelling attendance and answer, 4 : 1415 Grounds for, 4 : 1411 Hearing, 4: 1413, 1415

Notice by publication, M'hen. 4 : 1414 Order to show cause. 4: 1411 When ordered, 4: 1412, 1415

Renunciation, by fnilure to petition for letters, 4: 1214 Request for special notice of proceedings, 4 : 1330 Resignation of, 4: 1395 Revocation of letters Account after, 4 : 1391. 1575 Account, for failure to render. 4: 1573, 1576 Appointment of person next entitled to letters, 4 : 1394 Contempt, for, 4: 1693 Duty of remaining representatives, 4 : 1393 Finding of later will, 4 : 1391

Inventory, for failure to return, 4: 1438

Notice to creditors, for failure to give, 4 : 1491 Powers of successor on, 4 : 1392 Removal of representative, on, 4 :1412 Resignation of representative, on, 4 : 1395

Sufficient security, for failure to give, 4 : 1358, 1363, 1368

Validity of acts before, 4: 1396 When account shows embezzlonipnt. neglect, etc.. 4 : 1572 Where issued to person not entitled to letters, 4: 1341-1344

1112
I2JDEX

Executors and Administrators—Continued

Settlement Appointing the dny, 4 : 1579

Conclusiveness of, 4: 1583

Contest of, 4 : 1581, 1582

Discharge, when representative entitled to, 4 : 1595, 1667 Discovery of property after, issuance of letters, 4 : 1668 Examination of representative under oath, 4 : 1577 Extension of time fixed by will for closing administration, 4 • 1626 Final

Discharge of representative on, 4 : 1667

Notice of, 4: 1580, 1601

Partition and distribution at same time, 4 : 1580 When to be made, 4 : 1600

Hearing, 4: 1582

Notice of, 4: 1579, 1580 Proof of notice, necessary before, 4: 1584

Receipts and disbursements after final account, 4 : 1622 Reference of, 4: 1582 Supplementary account at final distribution, 4 : 1622

Special administrators Account of, 4 : 1387 Appointment of, 4: 1381-1383

Attorneys' fees, 4: 1387 Bond of, 4: 1384 Compensation of, 4: 1387

Letters, when to issue, 4: 1382 Oath of, 4: 1384 Payment of secured debts by, 4: 1388 Powers, duties, and liabilities, 4: 1385

Preference to persons entitled to letters, 4 : 1383 Termination of authority, 4 : 1386

Succession to estates, see Succession

Suspension

Pending hearing on additional bond, 4 : 1304 Pending proceedings for removal, 4: 1411 Exemplary Damages

See Damages

Exhibitions

Boxing, permitted under regulations, 5 : 606

Deformity of person, punishment, 5 : 504

Indecent, of person, procuring another to make, 5 : 451 Exoneration

See Bail ; Suretyship

Expert Testimony

See Evidence ; Witnesses

Explosions

Steam boilers, mismanagement of, causing, punishment, 5: 521-5'>3 Explosives

Keeping or transporting without permit; punishment. 5- 506 Mailing of, p. 924, sec. 340

Malicious use of, punishment, 5: 806 Ex Post Facto Laws

Enactment forbidden, 1 : 1 Exposure

See Indecent Exposure

Extortion

Defined, 5: 681

Libel, offer to prevent, intending extortion. 5: 362 Mailing threatening communications for purpose of, p. 923, sees. 33S;i,

«>.j8b Officer collecting public moneys, extortion bv, 5 : 623 Punishment of, generally, 5: 683, 684 Railroad agents, overcharges by, punishment, 5: 688

Signature, obtaining by threats, 5: 685

93083—34 71 ^^^^
INDEX

Extortion—Continued

Threatening letters, sending, 5: 686 Threats

Verbal, attempting to extort by, punishment, 5 : 687 What threats may constitute extortion, 5 : 682 Extradition Accounts of person employed to return fugitive to Canal Zone, 6: 870 Compensation in connection with I'etum of fugitive to Canal Zone, 6 : 870. 871 Deportation of persons, 2 : 141, 142 Laws and treaties of United States Application of, 6: 861 Text of United States laws, p. 951, sees. 651-675

Proceedings for detention pending demand

Arrest, 6: 862

Bail pending arrest on warrant of Governor, 6 : 865 Commitment. 6: 863, 864 Discharge of person unless arrested on warrant of Governor, : 868 Inquiry into arrest and detention, by district court, 6: 869 Notice by district attorney to State or Territory, 6 : 867

Notice of arrest to district attorney, 6 : 866 Warrant for arrest of fugitive, 6: 862 Republic of Panama, from, treaty stipulation for adequate provisi<in for,

p. 845, art. 16 Republic of Panama, to Authority of agents of Panama, receiving fugitive, 6 : 889 Delivery of objects found in fugitive's possession, 6 : 891 Delivery of offenders, 6: 881, 882

Discretion as to delivery of citizen of United States, 6: 882 Duty of Canal Zone authorities to facilitate return, 6: 890 Expenses to be paid by Republic, 6 : 892 Manner of arrest and detention, 6 : 887 Persons under accusation or sentence in Canal Zone, 6 : 883

Prosecution for graver offense, 6 : 884

Requisites of demand, 6: 885

Telegraphic request for detention, 6: 886 Term of detention, 6: 888 Treaty stipulation for adequate provision for, p. 845, art. 16 Factors Actual authority of, 3: 1702

Agent, factor as, 3 : 1701

Authority, extent of, 3: 1702, 1703

Defined, 3: 1371, 1701 Guaranty commission, liability on, 3: 1374, 1375

Lien, have, 3: 2314 Obedience required from, 3 : 1372

Ostensible authority of, 3: 1703

Sales by, 3 : 1372, 1373 FactsDegree of certainty required to establish, 4: 1844

Issues of fact, see Issues Jury as judges of, 4: 2181

Mistake, see Mistake

Questions of fact, to be tried by jury, 4 : 2181 False Arrest

Conspiracy to procure arrest falsely, 5 : 81 False Imprisonment

Definition and punishment of, 5: 331, 332

False Personation

Incurring liability by, punisliment, 5 : 691 Marrying under, punishment, 5: 692

lieceiving money or property through, punishment, 5: 693

1114
INDEX

False Pretenses Evidence of. G : 379

Infant, frauilulent prodnction to intercept inlieritauce, 5: 233

Innkeeper, obtaining credit fron], by, 5: 701 Obtaining money or property by

Proof, 6: 379

Punishment, 5: 695 Use of mails, p. 923, sec. 338

False Representations

See Di-xEiT : I<'i;.vri); Insurance

False Weights and Measures

See ^^EIGHTS AND MEASURES

Falsifying Accounts by officer, punishment of, 5: 622

Evidence, .5: 161. 163 Records and documents, 5: 1.31-135 Family Allowance

Estate, from, see Estates of Decedents

Father

See Parent and Child

Fees

Additional fees, fixing by court, 4: 991 Appeal to district court, on, 4: 889

Attorneys, see Attorneys

Certificates, for. 4: 985

Constables, of, 4: 986, 987

Copies of records, for, 4: 985

Costs, see Costs

Criminal actions, in, as element of costs, 6: 392

Docket fee Appeal to district court, on. 4: 889 Commencing action, on, 4: 982 Executors and administrators, of, see Executors and Administrators Jiorma pauperis, proceedings in, 4: 1001, 1002 Government or oflicer not required to pay, 4: 982 Guardians, of, see Guardian and Ward'

Intervention in action, upon, 4: 982

.Jurors, fee allowed to, 7: 35 Jury fee. deposit to accompany demand for jury trial 4- 983

Magistrate's court, in, see Magistrates' Courts

Marriage licenses, for issuance of, 3: 61 Marriages, for licenses to celebrate, 3- 62 Marshal, of As assignee for creditors, 3 : 2774

"\'arious services including service of process, for, 4: 986 987 Other fees fixed by court, 4: 991 Payment over to collector of Panama Canal, 4 • 981 Prepayment of, 4: 1001 Probate and guardianship matters, 4: 984

Process, for service or attempted service of, 4 : 986, 987

Referees, 4 : 990

Special proceedings, in. 4: 982

Specific fees only may be demanded, 4 : 981

Witnesses, of Advancement for expenses, 4: 2043; 6: 657

Civil actions, in, generally, 4: 989 Criminal actions, as element of costs in, 6 : 392

r elony

Administering stupefying agent to commit, punisliment, 5: 313 Arraignment, defendant to be personally present, 6: 222 Assault to commit, punishment, 5: 301 311 312 Concealment from authorities, 5: 53 Conspiracy to commit, necessity of overt act, 5 : 82 Crimes divided into felonies and misdemeanors 5: 23 Defined, 5 : 24 *

1115
INDEX

Felony—Continued

Divorce

Conviction of felony as ground for, 3 : 71 Limitation of action for, 3 : 104 Imprisonment for, to be at hard labor, 6: 498 Limitation of time for prosecution, 6 : 61, 62 Punishment of, where not otherwise prescribed, 5 : 25 Fences

Maliciously throwing down, punishment, 5 : 805

Ferries Near Pacific entrance of Canal

Maintenance and operation, 2 : 341 Regulations governing, authorized, and violations punished, 2 : 342

Receiving compensation for use without authority, 5 : 531

Violation of conditions of undertaking to maintain, 5 : 532 Finance

See Accounting ; Public Moneys

Accounting by collecting officers of Canal, 2 : 32

Business operations, expenditure and reinvestment of receipts from, 2 : 52 Examination of Canal accounts by General Accounting Oflace, 2 : 33 Fraudulently presenting claim for allowance or payment, punishment,

5: 102

Offenses respecting public moneys, 5 : 621-625 ; see Public Moneys

Receiving, disbursing, and accounting for funds, 2 : 31 Refund of amounts erroneously received as tolls, 2 : 414 Finders

See Lost Property

Claimants to prove ownership, 3 : 1213 Compensation, what entitled to, 3: 1212, 1214 Duties of, 3 : 1211, 1212 Larceny, when guilty of, 5 : 780

Obligations of, 3 : 1211, 1212 Property vests in, when, 3 : 1218 Reward of, 3 : 1212, 1214

Sale of property by, 3 : 1216, 1217 Storage of thing found, 3 : 1215 Fines

See Penalties

Attaching property of defendant, 6: 512

Corporation, collection of fine imposed upon conviction, 6 : 837

Deposits in lieu of bail, application to payment of, 6 : 604

Disposition, rules governing in magistrate's court, 7 : 6

District attorney to recover, 6 : 17

Excessive, forbidden, 1: 1 Execution of judgments for, 6 : 512, 513 Failure by officer to pay over, punishment, 5 : 625

Imposition and also placing defendants on probation, 6 : 500 Imprisonment for nonpayment, 6 : 127, 497, 513 Remission of. Governor may grant, 2: 261 Firearms

See Arms ; Deadly Weapons

Fire Insurance

See Foreign Corporations ; Insurance

Fires

Bridges, burning of, 5 : 823 Burning property not subject of arson, punishment, 5 : 803 Goods saved from, neglect to notify owner, 5 : 781 Insured property, burning, punishment, 5 : 705

Negligently firing grasses or shrubbery, i)unishment, 5: 571

Protection apparatus, tampering witli or injuring, punishment, 5: 836

Resistance to firemen extinguishing fire in building, 5 : 572 Fixtures

Larceny of, 5: 778 Ownership of, 3 : 411 Tenant, right of, to remove, 3 : 412 What are, 3 : 257

1116
INDEX

Food

Adulteration, see Adih^tekation

Diseased animals, sale of meat or milk of, 5 : 563 Poisoning of, punisluneut, 5 : 373

Selling or offering unwholesome food, punishment, 5 : 544 Force

See DuRKSs

Forcible Entry and Unlawful Detainer

AppealAs stay, 4 : 1155

Provisions governing, 4 : 1157 Appearance of defendant, 4 : 1151

Arrest, 4: 1149 Assessment of damages, 4: 1154 Complaint

Amendment of, 4 : 1153

Requisites of, 4: 1147 Criminal liability for engaging or assisting in, 5 : 605

Defense, what may be shown in, 4 : 1152

Execution, 4: 1145, 1154

Forcible detainer defined, 4 : 1142

Forcible entry defined, 4 : 1141 Judgment

By default, 4: 1150 What it shall declare, 4 : 1154

Jurisdiction of magistrate's court over actions involving, 7 :

Parties Defendant, 4 : 1145

Generally, 4 : 1146

Plaintiff, what only need show, 4 : 1152

Relief against forfeiture of lease, 4 : 1158 Rules of practice, 4 : 1156

Satisfaction of judgment, 4 : 1154

Service of notice, 4 : 1144 Summons, form and service of, 4 : 1148 Tenant when guilty of unlawful detainer, 4 : 1143

Trial, showing of parties, 4 : 1152 Unlawful detainer defined, 4 : 1143 Foreclosure of Mortgages

Against property of an estate, 4 : 1481

Chattel mortgages, manner of foreclosure in general, 3 : 2267 Commissioner, appointment, powex-s, and duties, 4 : 641, 644

Deficiency judgment, 4 : 641 Exclusive remedy, 4 : 641

Injunction to prevent injury to property pending, 4 : 668 Necessary regardless of terms of instrument, 4 : 667 Proceedings

In actions for foreclosure, in general, 4 : 641 When debt falls due at different times, 4 : 643 Property not exempt on judgment of foreclosure, 4 : 590 Redemption

By judgment creditor of decedent, 4 : 1486

In general, 4 : 641 ; see Execution

Removal of improvements by mortgagor after sale, 5 : 779

Sale, 4 : 641

Surplus, disposition of, 4 : 642 Foreign Corporations

Affidavit as to amount of capital stock, filing of, 3 : 221 Amendment of articles of incorporation, filing of, 3 : 221 Annual license fee, 3 : 221, 225

Application for license to do business, 3 : 221

Articles of incorporation, filing copy of articles and of amendments, 3 : 221 Contracts by, effect of failure to comply with law, 3 : 226 Default judgments against, 3 : 221 Fee to accompany application, 3 : 221 U17
Foreign Corporations—Continued

In general, 3 : 221-230

Insurance companies

Additional documents and deposit, filing of, 3 : 222 Annual statement, filing of, 3 : 223 Payment of license tax, 3 : 223

Issuance of license, 3 : 224

Joint stock companies, regulation of, 3 : 229

License fee, 3 : 225

License tax, payment by insurance companies, 3 : 223

Limitation laws, loss of benefit of, 3 : 227

Offenses in management, no defense tbat corporation is foreign, 5 : 7(54 Process agent, designation of, 3 : 221

Process, service on, 3 : 221 ; 4 : 166, 168 Revocation of license, 3 : 230

Sale of securities by, see Secukities Sales Law

Securities sales law, license under, suflicient, 3 : 228 Summons, service on, 3 : 221, 4 : 166, 168 Transaction of business without license, 3 : 226

Foreigners

See Aliens

Foreign Insurance Companies

See Foreign Corporations

Foreign Judgments

Admiralty court, of, conclusiveness, 4 : 1940

Conclusiveness of, general rules, 4 : 1939, 1941

Effect of. 4 : 1941 How enforced, 4 : 1939 Judgment of a justice court of a State, 4: 1947, 1948 Proof of, 4 : 1931-1933 Foreign Laws

Evidence of, 4 : 1926-1928 Mistake of, as mistake of fact, 3 : 835 Presumption as to books containing laws or reports, 4 : 1926, 2007

Statutes of limitations, 4 : 111 Foreign Relations

Passports, general laws respecting, p. 962, sees. 213-227

Preservation of friendly relations, p. 965, sees. 231-246

Forfeiture

Articles illegally imported, 2 : 63

Bail, of. 6: 621-623; see Bail

Conditions involving, strictly construed, 3: 699

Contract for, of property subject to lien, void, 3 : 2192

Conviction not to work, 5 : 8

Disposition, rules governing in magistrate's court, 7 : 6

District attorney to recover, 6 : 17 Failure by officer to pay over, punisliment, 5: 625

Lease, of, see Landlord and Tenant

Merchandise omitted from vessel's manifest, 2 : 64

Office, of, upon conviction of crime, 5: 9

Relief from, right to, on making full compensation, 3 : 2612 Remission of. Governor may grant, 2: 261 Sea stores omitted from list or landed, 2 : 65

Specific or preventive relief not granted to enforce, 3 : 2684

Witnes.ses Disobeying subpena, forfeiture to party aggrieved, 4 : 2047 Undertaking by witness to appear, of, 6: 660 Forgery

Bank bill or note, of Proof of, 6 : 380 Punishment of, 5: 734 Consent to marriage, of, 3 : 64

Evidence, forged, offering, a felony, 5: 161

Fictitious bill, note, or check, making, uttering, etc., 5 : 727

1118
INDEX

Forgery—Continued

Government securities or obligations, of, 5 : 732 Information for, where instrument destroyed or withheld, 6: 202

Instruments, of, in general, 5 : 721

Invoice, of, to secure entry or importation of merchandise, 2 : 62

Possessing

Forged or unfinished note or bank bill, 5 : 726

Forjied securities, bank notes or bills, 5 : 736 Punishment of, generally, 5 : 724

Record, offering forged instrument for, punishment, 5 : 133

Seal, public or corporate, of, 5 : 723 Signature to negotiable instrument by, effect of, 3 : 2343 Telegraph or telephone message, of, 5 : 725

Uttering

Foi-ged bank note, 5 : 735 Forged Government securities or obligations, 5 : 733 ; p. 908, sec. 265 Forged instruments generally, 5: 721 Form

Acknowledgement, of, 3 : 497-499

Bail, of, 6: 572, 592, 637 Bench warrant, of, 6: 226, 490 Commitment after preliminary hearing, of, 6: 143 Information, of, 6: 182

Letters of administration, 4 : 1303

Letters of administration with will annexed, 4 : 1302

Letters testamentary, 4: 1301 Mortgage of personal property, of, 3 : 2263

Pleas, forms of, 6: 272

Search warrant, of, 6: 767 Subpena, of, 6: 654

Verdict, of. 6: 406, 409 Warrant of arrest, of, 6: 75 Forma Pauperis

Prosecution or defense of actions in, 4 : 1001, 1002 Former Conviction See FoBME3i Jeopardy ; Subsequent Offenses

Former Jeopardy

Acquittal

As a bar, 6: 278 Discharge to be witness as, 6: 368 What constitutes former acquittal, 6: 276. 277 Act punishable in different v/ays, second prosecution prohibited, 6: 9 Arrest of judgment as a bar, 6 : 464 Attempt, prosecution for, when barred, 6: 278 Compromise of offense bars further prosecution, 6 : 803 Conviction as bar, 6: 278 Denmrrer to information, allowance as bar, 6 : 256 Discharge of one of defendants to be witness, as bar, 6 : 368

Dismissal of action or information as bar, 6: 276, 795 Double jeopardy forbidden, 1 : 1 ; 6 : 8 Fomier conviction or acquittal, how pleaded, 6 : 271, 272

Included offenses barred, 6: 278 Judgment on plea of, 6 : 410 Once in jeopardy

As bar, 6 : 278 How pleaded, 6: 271, 272

Plea of How made, 6: 271, 272

Issue of fact arises on, 6 : 301 Second prosecution for same offense, prohibited, 1: 1; 6: 8 Setting aside information no bar, 6 : 245

Fortifications Injuries to, punishment, p. 905, sec. 96 Right to establish for protection of Canal, p. 847, art. 23

1119
II^DEX

Fraud

Actual fraud

Fi-aud is actual or constructive, 3: 827 Question of fact, is, 3 : 830 What constitutes, 3: 828 Clubhouse, commissary, or restaurant checks, altering, 5: 741 Commission merchant or factor, false) statement by, 5: 700 Concealment of property by debtor, punishment, 5 : 231, 232 Conspiracy to defraud

Information for, 6 : 204 Punishment of, 5: 81

Constructive, defined, 3: 829

Contracts Deemed obtained through fraud, when, 3: 824, 827-829 Exempting one from liability for fraud, void, 3 : 932 Failure to express intent through fraud, effect, 3 : 900

Obtained through fraud, voidable, 3 : 822, 823, 952 Prevented from being put in writing by, 3: 885

Corporation, in management of, 5: 751-7G4; see Corporations

Deceit, 3: 972-974; see Deceit

Desertion induced by, who commits desertion, 3 : 75 Drawing check or draft with insufficient funds, 5 : 728

Evidence, falsification of, a felony, 5: 161, 163 Exemplary damages in case of, 3 : 2641 False personation, see False Personation

Fraudulent transfers, see Fraudulent Transfers

Innkeepers or boarding-house keepers, defrauding, punishment, 5 : 701 Instrument, when void as to creditors, 3 : 2762, 2763 Insured property, injury to or destruction of, 5 : 705

Intent to defraud, sufliciency of, 6 : 375

Interest as element of damage, 3 : 2632 Judgment, impeachment for, 4 : 1942

Mails, using to defraud, p. 923, sec. 338 Market price, to aft'ect, punishment, 5 : 703 Marriage voidable where consent procured by, 3: 54 Married person conveying or mortgaging lands under false representations, 5: 698 Mortgaged personalty, removal sale, or further incumbrance, 5 : 697 Newspaper circulation, misrepresentation of, 5 : 706

Partnership, in affairs of, punishment. 5 : 704

Pledgee, defrauding, punishment, 5 : 702 Presumption that private transactions fair and regular, 4 : 2007 Railroad tickets, restoring canceled, 5 : 740 Reformation of contract for, 3 : 2711 Removal of property by debtor, punishment, 5: 231, 232

Rescission for, 3 : 952, 953 ; see Rescission

Restoration of thing wrongfully received, 3 : 975, 976

Sale of property, false or fraudulent, 5 : 696, 699

Statute of frauds, see Statute of Frauds

Substituting child, 5: 234 Telegraph or cable message, procuring by fraud, 5 : 853 Undue influence, defined, 3 : 831 ; see Undue Influence

Weights and measures, false, 5: 711-716; see Weights and INIeasuues Will procured or revoked by, 3 : 522 Frauds, Statute of See Statute of Frauds

Fraudulent Transfers

Chattel mortgages when void against creditors, 3 : 2264

Creditor's rights against sold goods in seller's possession, 3 : 1006

Debtor's contract valid, when, 3 : 2753

Decedent, by, recovery by executor, 4 : 1529-1531

Delivery of personalty necessary, 3 : 1006, 2762 General rule as to, 3: 2761 Judgment on undertaking of transferee, 4: 569

Judicial proceedings, taking, to delay or defraud creditors, 3: 2761

1120
I

INDEX

Fraudulent Transfers—Continued

Persons against wliom void, 3: 2761-2763

Preferences valid, 3: 2754 Presumption as to, in absence of delivery etc 3 • ">!&> Punishment of, as offenses. 5 : 231, 232, 694 " ' " " Special partnership, preferential transfers by, 3- 18'>S w!v.?'h.^'"'? permitting transferee to dispose of property, 4: 561-568 What transfers are void, in general, 3- 2761

FugitlveTfro'mjisUcV'''^''''^

"""^^ """ obligation of debtor, 3: 1006, 2763 See EXTKADITION Rewards for apprehension, 6: 851 Funds

See Accounting ; Finance ; Public Moneys

Deposits in court, see Deposits in Court

ruture Interests See Pkoperty

Gambling

Conducting game for percentage, punishment, 5 : 461 Possessing or permitting maintenance

Device or game, of, 5 : 462

Slot or other machine, of, 5 : 463 Gamboa

g^j.^^<^°it^otiary at, designated, 6 : 901 ; see Penitentiary

Liens of proprietors of, 3 : 2311 GarnYshmenT'^^^

"^^ "^ automobile by owner or employee, 5 : 785 See Attachment

Gas

Breaking or obstructing pipes, punishment, 5 : 835 hteahng of, punishment, 5: 782 GatesLeaving gate of another open, 5 : 804 Gatun Lake

Boundaries with respect to, p. 849, art 2 Gender

Of words In codes, 3 : 12 ; 4 : 8 • 5 • 4 General Accounting OflSce Accounting by collecting officers of Canal 2 • 32

Gift?"^^TM*"^"*^"^

^^ ^'^^^^ accounts by persons detailed from, 2 : 33 Ademption of legacy, 3 : 602 Causa mortis

I Defined, 3: 484 i Effect of will on, 3 : 487 ; see Wills

May be satisfied before death, 3 : 619 w Presumed when, 3: 485 Revocation of, 3: 483, 486 Treated as legacy, when, 3 : 488 Community property by husband, 3 : 149

Defined, 3: 481 Delivery necessary, 3: 482 Made how, 3: 482 Presumed made in view of death, when 3 • 485 Revocation of, 3: 483, 486

Government

'^4:^?331 ^"^ P^^^eedings concerning executors, etc., in certain cases, Bond or security not required of, 4 : 968 Canal Zone, of By President through Governor and others 2 • 5 Criminal actions prosecuted in name of, 6-'5

' Criminal processes to be in name of, 6 : 6 Duties of Governor respecting civil government 2 • 7

^* 1121
INDEX

j

I Government—Continued

Canal Zone—Continued

Fines, debts, and forfeitures accruing to, district attorney to recover, 6: 17 Funds, see Accounting ; Finance ; Public Moneys , Legal proceedings for, district attorney to conduct, 7 : 38

District attorney to conduct legal proceedings for, 7 : 38 Employees, see Employees

Escheat, see Escheat of Property • Existence of, offenses against, p. 899, sees. 5-8 , Officers, see Officers

Operations of, offenses against, p. 904, sees. 71-133

Securities or obligations of Forging or counterfeiting, 5 : 732 ; p. 907, sec. 264

Plates for printing, possession or use, 5: 738; p. 907, sec. 264

Uttering forged or counterfeit, 5 : 733 ; p. 908, sec. 265 1 Survey monuments erected by, injury to, 5 : 833 ' Governor of the Panama Canal

Action against, for damages to vessels, etc., in locks, 2 : 10 Anchorage and movement of vessels in national emergency, regulation by, 2: 12 Appointment, term and salary, 2 : 6 Arms, may authorize permits to have and carry, 5 : 873

Birds, authority to make regulations for protection of, 2 : 291 i Boxing exhibitions, authority to regulate, 5: 606 Canal Zone

Control over, 2:7 j Government by President through Governor, 2:5 | Census of Canal Zone, to take, p. 892, sec. 201

Civil government, performance of duties in connection with, 2 : 7 Dead bodies, may authorize interment elsewhere than in cemetery, 5: 484 Deported person, permitting to return temporarily, 2: 142

District attorney to advise, on request, 7: 38 Domestic animals, authority to regulate keeping and impounding, 2: 201 Employees' Compensation Act, administration by, 2: 123

Explosives, permits for transportation, 5: 506

Extradition

Discretion as to delivering United States citizen to Panama, 6: 882 Issuance of warrant of arrest by, 6: 865, 868 Ferry near Pacific entrance of Canal, authority to operate and regulate,

2:341, 342

Fines, authority to remit, 2: 261 i Foreign corporations I Authority to revoke licensee, 3: 230

| Licensing by, 3: 224

| Forfeitures, authority to remit, 2: 261 ' Habitual criminals, permitting to be at liberty, 5: 75, 76 Hunting

Granting and revocation of permits by, 5 : 874 Regulation by, 5: 875 Importation of articles or merchandise, control and regulation of, 2 : 61 Inspection of vessels, authority to prescribe regulations, 2: 153 Judgments of death, powers respecting execution of, 6: 522, 523, 527, 529 Marriage licenses and certificates, authority to prescribe form of, 3: 61 Notaries public, appointment and regulation, 2: 211

Official acts and documents, how proved, 4 : 1944 Operation of Canal by President through Governor, 2:5 ' Pardons, authority to grant, 2 : 261

Postal service, authority in respect to, 2: 272

Raffle or gift enterprise for charity, may permit 5:477

Reprieves, authority to grant, 2: 261 Revocable licenses for lots in town sites, authority to execute, 2: 304 Reward for escaped convict or for certain offenders, may offer, 6: 851

Securities, regulation of sale of, 3: 241-249

Subject to Army control in time of war, 2: 8 1122
I

INDEX

Grand Larceny

See Larceny

Grants

See Transfer

F

Acknowledgments, see Acknowledgments

Alienation, restraints on, see Alienation

Defined, 3: 454

Delivery

Constructive, 3 : 459

In escrow, 3: 458 Must be absolute, 3: 457 Necessary to taking effect of, 3 : 455 Presumed to be at date, 3 : 456 Escrow, delivery in, 3 : 458 Evidence

Acknowledged deed as, 4: 1980, 1982 Deed under court process as evidence of transfer, 4 : 1952 Executor or administrator, by, completing decedent's contract of sale, 4: 1541-1551

Fraudulent, see Fraudulent Transfers

Guardian, by, completing ward's contract of sale, 4 : 1795, 1821, 1822

Heirs, and issue, interpretation of, 3 : 466

Heirs, issue, or children, proceedings to determine identity, 4 : 1695

Include what instruments, 3 : 454

Interpretation

Against grantor, 3 : 464 Grant by public, in favor of grantor, 3 : 464 »InHeirs and issue, of, 3: 466

general, 3: 461

Incidents follow thing transferred, 3: 472, 2862

Incidents, transfer of does not pass principal thing, 3 : 472, 2862

Includes whatever is essential to use, 3: 2844

Irreconcilable provisions, 3 : 465

Limitations in grants, 3 : 462 Recourse to recitals, 3: 463

Reservation, in favor of grantor, 3 : 464

Judgment proving instrument, entitles instrument to record, 3 : 510 Law governing grants formerly executed, 3 : 511 Married persons, by, falsely representing capacity, 5: 698 Mortgage

Not to be deemed a conveyance, 4 : 667 When transfer deemed a mortgage, 3: 2234, 2235 Proof of instruments, see Acknowledgments ; Written Instruments

Realty, of, necessity of writing, 4: 2015-2017 tTime of creation of interest created by, 3 : 352

Title, what passes by, 3 : 471

Will, effect of grant on, 3 : 550, 551 Written transfer called grant or bill of sale, 3 : 454 Great Britain Clayton-Bulwer treaty, p. 833 Treaty with, to facilitate construction of canal, p. 837 Guaranty

See Indemnity; Suretyship

Acceptance, notice of, necessity, 3 : 2075

Collectibility, of, 3:2082-2084

Conditional obligation, of, 3:2093

Consent of principal not necessary to, 3 : 2071

Consideration for, 3 : 2072, 2073

Construed, how, 3:2091

Continuing, 3:2102

Defined, 3:2061

Delay of creditor does not discharge, 3 : 2115

; Disability of principal, effect of, 3 : 2095

' Discharge of principal by act of law, effect of, 3: 2117 Exoneration of guarantor by acts of creditor, 3: 2111-2117

1123
Guaranty—Continued

Incomplete contract, of, what implied in, 3 : 2081 Indemnified guarantor, effect of alteration of contract, 3 : 2116 Knowledi^e of principal not necessary, 3 : 2071

Letters of credit, 3:2161-2169

Liability of guarantor Accrues when, 3 : 2092, 2093 Cannot exceed principal's, 3 : 2094

Notice of default, necessity of, 3 : 2092, 2093

Offer of, notice of acceptance necessary, 3 : 2075

Original obligations, enumeration of, 3 : 2074 Part performance of obligation, effect of, 3 : 2114 Payment or performance, of, when liability accrues, 3 : 2092

Release of guarantor by acts of creditor, 3 : 2111-2117

Representation as to credit of third person to be written, 4:201iS Revocation of continuing, 3 : 2102

Statute of frauds, effect of, on, 3 : 886 ; 4 : 2017

Unconditional, guaranty deemed to be, 3 : 2091 Unlawful contract, guarantor not liable on, 3 : 2095 Written

Must be when, 3 : 886, 2073 ; 4 : 2017 Need not be when, 3 : 2074 Guardian Ad Litem

See Infants ; Insane Persons

Appearance of infant or incompetent by, 4 : 127, 695 Compromise of suit, authority, 4 : 127 How appointed, 4 : 128, 695 Judgment for ward, payment to, 4 : 1823

Magistrate's court, appointment in, 4 : 695 Power to appoint, unaffected by general guardianship laws, 4 : 1732 Guardian and Ward

Abduction or enticement of ward, forbidden, 3 : 47 Accounting

Expenditures in maintaining ward, allowance for, 4:1775

Expenses and compensation of guardian, allowance for, 4 : 1780 In general, 4:1777-1779

Provisions governing, 4 : 1794

Settlement, see that subhead, infra When to be made, 1727, 1777, 1778 Adoption of ward, 3 : 191 Appointment of guardian

By will or deed, 3 : 206, 207

Certificate of, to be sealed, 4 : 25 Custody of minor pending appointment, 4 : 1721 Insane person, of, in general, 4 : 1741-1743

Minor, of, in general, 4 : 1721-1725, 1728

Nonresident, of, 4 : 1801 Order of appointment, entry and effect, 4 : 1819 Parental authority ceases on, 3 : 174

Public administrator, appointment of, 4 : 1747 Rules governing court in making, for minor, 3 : 208 Trust company, competency of, 4 : 1281 Vacancy, to fill, 4:1812

Where judgment I'endered for infant, 4 : 1823 Appraisement of ward's estate, 4 : 1777

Attorney's fee, how fixed and paid, 4 : 1823 Bond of guardian

Action on, 4 : 1815, 1816

Filing of, 4: 1815 Insane person, of, in general, 4 : 1744

Joint guardians, in case of, 4: 1818

Justification of sureties, 4 : 1820 Kinds of money, 4:1370

Minor, of. in general, 4 : 1727 New, when reciuired. 4 : 1814

Public administrator, official bond meets requirements, 4 : 1747 1124
INDEX

Guardian and Ward—Continued

Bond of guardian—Continued

Sureties on, qualification of, 4: 1820 Testamentary guardian, of, 4: 1731 Compensation of guardians, 4: 1780

Confidential, relationship between is, 3: 209

Court, guardian is under direction of, 3: 210

Definitions Guardian, of, 3: 201 Ward, of, 3: 202 Employees, public administrator as guardian of estates of 4- 1747 Expenses of guardians, 4 : 1780 Fees of clerk in guardiausliip matters, 4 : 084 General guardian, defined, 3 : 204 General or special, guardians are, 3: 203 Government as party to proceedings in certain cases, 4: 1331 Guardian ad litem, see Guardian Ad Litem

Incompetent and incapable, defined, 4: 1746 Inventory of ward's estate, 4: 1777

Joint guardians Account of, 4: 1779 Death of, power of survivor, 3: 211

In general, 4: 1818 Kinds of guardians, 3: 203

Letters of guardianship

Issuance to guardian of minor, 4: 1727 Recording letters issued to guardian of minor, 4 : 1729 Limitation of actions On guardian's bond, 4: 1816 To recover property sold, 4: 1817

Nonresidents, guardians of Appointment, 4: 1801 Bond of, 4: 1803 Extent of guardianship, 4: 1804

Inventory, account and disposal of property, 4: 1803 Powers and duties, 4: 1802 Removal of property, 4: 1805-1807

Territorial limit of authority, 4: 1939

Notice, request for special notice of proceedings, 4: 1734 Oath of guardian

Public administrator as guardian, 4: 1747 Trust company as guardian, 4: 1281 Powers and duties Accounts of ward, guardian to settle, 4: 1772

Action by infant, guardian must conduct, 3: 34 Appearance by guardian

In general, 4: 127, 1772

Magistrate's court, in, 4: 695 Probate proceedings, in, 4: 1694 Borrowing

Chattel mortgage, on, 4: 1508 Unsecured note, on, 4: 1510 Compromise of suit, authority, 4: 127

Conditions in order appointing guardian of minor, 4: 1728 Conveyance by guardian completing ward's contract of sale 4- 1795

1821, 1822 Debts due ward, guardian to recover, 4 : 1772 Debts of ward, payment of, 4: 1771

Disposition of person or property, control of court, 3: 210 Education of ward, 4 : 1730, 1775, 1791, 1792 Embezzlement or concealment of property, proceedings against suspected person, 4 : 1811 Fraudulent disr)osition of ward's property, proceedings againgt suspected person, 4: 1811 In general. 4: 1726, 1744

1125
Guardian and Ward—Continued Powers and duties—Continued

Inventory of ward's estate, 4 : 1777 Investment of funds, 4: 1792, 1793, 1796

Joint guardian, power of survivor on deatli of, 3 : 211 Maintenance of ward, 4: 1730, 1773-1775, 1791, 1792 Management of estate, 3 : 210 ; 4 : 1773 Marriage of ward, consent of guardian, 3 : 60 Mortgage of property

Borrowing on cliattel mortgage, 4 : 1518 Maintenance of ward, for, 4: 1773, 1774, 1791

Partition, powers on, 4 : 1776

Protection of i)erscn or property of ward, 3 : 48

Sale of property, see that subhead, infra Seduction of wai-d, guardian may sue for, 4 : 130

Service of process on guardian. 4 : 166, 1694

Special notice of proceedings, giving on request, 4 : 1734 Termination of authority, see that subhead, infra Territorial limit of authority, 4: 1939 Testamentary guardian, of, 4: 1731

Practice, provisions applicable to estates of decedents apply, 4: 1819

Public administrator, appointment as guardian, 4: 1747 Relationship confidential and governed by provisions on trusts, 3: 209

Restoration of insane person to capacity, proceedings for, 4 : 1745

Sale of property

Application of proceeds, in general, 4 : 1792 Contracts for, completion by guardian, 4: 1795, 1821, 1822 Investment of proceeds, 4 : 1792, 1793, 1796

j Limitation of action to recover property sold, 4 : 1817 j Maintenance and education of ward, for, 4 : 1773, 1774, 1791, 1792

Provisions governing, 4 : 1794 Settlement ' By ward with guardian, 3: 215 | Death of guardian, on, 4 : 1585 j Guardian's accounts, in general, 4 : 1778, 1779, 1794 \ Special guardian defined, 3 : 205

Special or general, guardians are, 3 : 203 t Taking or enticing child from guardian, punishment, 5: 283 Termination of authority

Abandonment of child, forfeiture of custody or guardianship, 3: 20S Death of guardian, settlement of accounts, 4 : 1585 Discharge of guardian where guardianship no longer necessary,

4: 1813

Forfeiture of guardianship by parent, 3 : 208

Guardianship, how terminated, in general, 3: 213, 214; 4: 1726, 1733, 1813

Majority, attainment of, by ward, 3: 213, 214, 216; 4: 1733 Marriage of guardian of minor does not terminate authority, 4: 1725 Marriage of ward, by, 3 : 213. 214 ; 4 : 1733, 1813 Order of court, by, 3 : 214 ; 4 : 1733, 1813 Release by ward to guardian, 3: 215 Removal of guardian, grounds for, 3: 212; 4: 1693, 1812 Resignation of guardian, 4 : 1812 Restoration of insane person to capacity, on, 4 : 1745 Revocation of letters, 4 : 1777 Testamentary guardian

Power to appoint, 3 : 206, 207 Powers and duties of, 4 : 1731

GuiltyPlea of, see Plea

Proceedings after verdict or finding of guilt, Sui)reme Court mav regulate,

p. 983, sec. 723a Habeas Corpus

Application for, making and requisites of, 6: 722 Avoiding effect of writ, a felony, 5 : 193 1126
INDEX

Habeas Corpus—Continued

Bail, holding person to, wliere process defective, 6: 741 Clerk to issue process on, 6: 751 Commitment to legal custody of person held illegally, 6 : 743 Contents of writ, 6: 725 Defect in form of \vrit, when immaterial, 6: 727

Defect in process, discharge on, 6: 738, 739

Directed to whom, 6: 725

Dischiirge of person Formal defect in commitment, not granted for, 6: 739 Grounds for, 6: 736, 738 Imprisonment after, when permitted, 6 : 744 Disobedience to writ

Damages for, 6: 729 For defect of form, forbidden, 6: 727 Proceedings upon, 6 : 728

Disposition of person pending judgment on return, 6 : 735 Eluding service of writ, a felony, 5 : 193 Failure to obey writ, a felony, 5 : 191 Granting of writ, 6 : 723 Hearing

Proceedings on, 6: 733, 734 Where charge or process defective, 6: 741 Without production of body, when, 6: 732

Illness of person directed to be produced, 6 : 732 Imprisonment after discharge

A felony, 5 : 192 When permitted, 6: 744 Issuance of writ, time of, 6: 750

Magistrate, may grant in absence of district judge, 6 : 724

Process, clerk to issue, 6: 751 Production of body according to command of writ, 6 : 731 Recommitting person, although charge or process defective, 6: 741 Remanding person Where detained under lawful process, 6: 737 Where not entitled to discharge or bail, 6 : 742 Return

Disposition of person pending proceedings on, 6 : 735

Place for, 6: 752

Requisites of, 6: 730

Stating illness of person, 6: 732 Time for, 6: 751 Right to writ, in general, 6: 721, 740

Service of writ

By whom and how served, 6: 726 Time for, 6: 751 Time of, 6: 750 Warrant instead of writ Clerk to issue, 6: 751 Commanding apprehension of person charged with detention, 6 : 746 Discharge or remand upon hearing, 6: 749 Execution of, 6: 747 Grounds for issuance, 6 : 745 Return and hearing on, 6: 748 What to contain, 6: 725 Who may grant, 6: 723, 724 Who may prosecute, 6 : 721, 740 Witnesses at hearing, 6: 734, 741 Habitual Criminals

Permit to be at liberty, issuance and revocation, 5 : 75, 76 Punishment of, 5: 74 Handwriting

Comparison, evidence of handwriting by, 4 : 1976, 1977 How proved, 3: 505; 4: 1975-1977 Opinion of witness as to, 4: 1888

1127
INDEX

Handwriting—Continued

Probate of will, proof of, on, 4 : 1234 When may be proved, 3 : 504

Writing, proof of, by, 4: 1972 Hanging

Execution by, 6: 531 Harbors

Colon, of Access to, through Canal Zone waters, p. 854, art. 7 Boundaries, p. 853, art. 6

Defenses, punishment for injuries to, p. 905, sec. 96 Panama and Ancon, of, boundaries, p. 851, art. 4 Panama and Colon, of, right of United States to use, p. 843, art. 9

Regulations concerning navigation of, 2 : 9

Healing Art

Regulations respecting practice of, 2 : 372 Health

See Quabantine; Sanitation

Adulteration, see Adulteeation

Animals "; Sale of diseased, punishment, 5 : 564

Sale of meat or milk of diseased animals, 5 : 563 Conspiracy to injure public health, 5: 81 Exposure in public of person afflicted with communicable disease, 5 : 503 Failure to i>erforni duties under health laws, punishment, 5: 501 Insurance of, see Insitbance

Maintaining hospitals for communicable diseases in towns, 5 : 505 Placing filth or animal carcasses in or near waters or highways, 5 : 507 Regulations in matters of, authorized, 2: 371-373

Selling or offering unwholesome food or medicine, 5 : 544 Heirs

See Estates of DECBn)ENTs ; Succession

Illegitimate children as, 3 : 634

Inheritance by, see Succession

Interpretation of word heirs in future interests, 3 : 466

Possession of real property to be delivered to, when, 4 : 1441 Proceedings for determination of heirship, 4: 1621 Proceedings to determine identity where description insufficient, 4 : 1695 Property of intestate passes to heirs subject to administration, 3 : 632 High Seas

Jui-isdiction, practice, and procedure in cases of offenses on, 7: 26 Text of United States laws defining offenses on, p. 938, sees. 451-467, 481-

502 Highways

Engineer crossing without giving warning, punishment, 5 : 525

Ferry, maintenance of highway from terminal, 2: 341

Guideposts, injuries to, punishment, 5 : 825 Maintaining for remuneration without authority, 5 : 531 Operation of street-railway cars at crossings, 2 : 331 Placing filth or animal carcasses in or near, 5 : 507 Regulations for use of > Agreements with Panama for reciprocal regulations, 2: 322 i Authority to make and enforce, 2: 321 \ Violation of regulations, 2: 323 * Throwing injurious substances on, punishment, 5: 824

^ ^

' Hiring S'"^' • See Master and Servant

Care required of hirer, 3: 1274

Defined, 3: 1271 Depositary for hire, se<' Storage

Expenses, who must bear, 3 : 1283, 1284

Injuries, hirer to repair, 3 : 1275

Obligations of letter in general, 3: 1282 Products of thing belong to hirer, 3: 1272 Purpose for which property may be used, 3 : 1276

1128
ITHDBX

Hiring—Contiuued

Quiet possessiuu, letter agrees to give, 3 : 1273

Repairs, duty of hirer to make, 3 : 1275 Keturn of tiling, 3: 1285 Termiuatiou

Before time, apportionment of hire, 3 : 1281 Grounds for, in general, 3 : 1277 Occurs when, 3: 1279, 1280 Using in manner contrary to agreement, 3 : 1276, 1277 Use for purpose other than for whicli hired, tta-mination of hiring, 3 : 1276, 1277 Holidays

Computation of time where last day falls on, 3 : 9, 2594 ; 4 : 6 Enumeration of, 3 : 7 ; 4 : 5 Negotiable instruments falling due on, 3: 2436 Performance on following day, 3: 10 Homicide

Accident, by, excusable, 5 : 259 Administering poison with intent to kill, 5 : 302 Assault with intent to murder, 5 : 301 Death must occur within year and day, 5 : 258 Dying declarations, admissibility of, 4 : 1888 Excusable

Burden of proof, 6: 384 In what cases, 5 : 259 Not punishable, 5 : 263 Fear as justifying, 5 : 262

Justifiable Bare fear not sufficient, 5 : 262 Burden of proof, 6: 384 By officers, in what cases, 5 : 260

By persons other than officers, in what cases, 5: 261 Not punishable, 5: 263 Malice defined, 5: 252 Manslaughter

Definition and kinds of, 5 : 256 Proof of death and fact of killing, 6: 383 Punishment of, 5 : 257

Misfortune, by, excusable, 5: 259

Mitigating circumstances, burden of proving, 6 : 384

Murder

Assault with intent to commit, 5 : 301 Burden of establishing mitigation or justification, 6: 384

Defined, 5 : 251 Degrees of, 5 : 253

First degree

Punishment, 5: 254 What is, 5 : 253 Injury to or obstruction of Canal or locks causing death, 5: 255 No limitation in prosecution for, 6 : 61 Proof of death and fact of killing, 6 : 383 Second degree

Punishment, 5: 254 What is, 5 : 253 Murderer of decedent cannot succeed to estate, 3 : 654

Officers by, justifiable in what cases, 5: 260 Punishment for, 5 : 254, 257

Self-defense, in Bare fear not justification, 5 : 262

Justifiable, 5 : 261

Hospitals

Assisting escape of person confined in, 5 : 205

Keeping hospital for communicable diseases in town, 5 : 505 Hotel Keepers

See Innkeepees

93803—34 72 1129
IJiDEX

Hours of Labor

Train dispatchers and telegraph operators, of, 2 : 224

Public works, on, p. 987, sec. 321 Humane Societies Agent's autliority to aid in preventing cruelty, 5: 444, 811 Hunting

Areas and class of arais, regulation of, 5 : 875

Artificial light, hunting at night with aid of, punishment, 5: 877

Birds, regulations concerning, 2 : 291, 292

Fire-hunting at night, punishment, 5 : 877 Granting and revocation of permits, 5 : 874

In violation of law or regulations, punishment, 5 : 876 Permits to have and carry arms to hunt, authorized, 5: 873 Regulation of, pursuant to permit, 5 : 875 Spring or trap, with firearm intended to be discharged by, punishment,

5: 877

Witliout obtaining pennit, punishment, 5: 876 Husband and Wife

See Divorce ; Makhiage ; Married Women

Abandonment of wife

A misdemeanor, 5 : 441 Competency of wife as witness, 6 : 672 Abduction or enticement of spouse, forbidden, 3 : 47 Adoption of children, see Adoption

Children, see Parent and Child

Community property

Action for maintenance without divorce, disposition in, 3 : 116 Death of spouse, effect, 3: 648, 649

Defined, 3: 140, 280

Disposition, husband's power of, 3: 149

Divorce, disposition on, see Divorce

Liability of, for wife's contracts, 3: 143 Management and control by husband, 3 : 149, 649

Succession to, on death of spouse, 3 : 648, 649 Testamentary power over, 3 : 648 What property is, 3 : 140, 280

Contracts Between, and with others, capacity to make, 3: 134, 135 For separation, 3 : 135, 136 Custody of children, see Divoece; Infants; Paeent and Child

Debts

Community property liable for on death of wife, 3 : 649 Earnings of wife not liable for, 3 : 144 Separate property of husband not liable for wife's debts before marriage, 3 : 146 Separate property of wife, liability for, 3 : 147

Divorce, see Divorce

Domicile, husband may fix, 3: 81, 82, 132 Dwelling, neither can be excluded from other's, 3: 133 Earnings of wife Not liable for debts of husband, 3 : 144 Separate property, are, where living separate, 3: 145 Head of family, husband's rights as, 3 : 132 Inheritance of, see Succession

Inventory of wife's property, 3: 141, 142 Legal relationship, cannot alter by contract, 3: 135 Legitimacy of issue, see Legitimacy

Maintenance without divorce, 3: 115, 116 Marriage settlement Execution, 3: 154 Minor may make, 3 : 155

Stipulations conceraing property rights, 3: 153 Married woman, see Married Women

Mode of living, husband may choose, 3 : 81, 82, 132 Mutual obligations, 3: 131 1130
INDEX

Husband and Wife—Continued

Necessaries Husband's liability for tliose furnislied wife, 3: 150, 151 Wife's separate property, liability of, for, 3: 147

Obligations, mutual, 3: 131 Place of living, husband may choose, 3 : 81

Privileged communications between, 4: 1904 Property

Community property, see that subhead, supra How may be held, 3: 137

Interests are separate, 3 : 133 Management and control by husband, 3; 149, 649

Provisions governing property rights of, 3: 153 Separate property, see that subhead, infra Status of property acquired after marriage, 3 : 140

Protection of person or property of spouse, 3 : 48 Real property, fraudulent sale or mortgage by married person, 5: 698 Separate property of husband

Not liable for antenuptial debts of wife, 3 : 146 What is, 3 : 139 Separate property of wife

Earnings and accumulations of wife living separate, 3 : 145

Disposition by will. 3: 523 Inventory of, 3: 141, 342

Liability of for debts, 3: 147 What is, 3 : 138 Wife may convey without husband's consent, 3 : 138

Separation

Agreement for, 3: 135, 136 As desertion, 3 : 77-80

Consideration for agreement of, 3 : 136 Custody of children, 3 : 168 Support during, 3 : 135, 151 Support

Criminal liability for nonsupport, 5:441, 6:672

Husband's liability, in general, 3 : 150, 151 Mutual obligation of, 3 : 131, 152 Requiring f)f defendant on probation, 6 : 501 Where wife under guardianship as an incompetent, 4 : 1774

Wife's liability for support of husband, 3 : 152 Torts of wife, liability of husband for, 3 : 148

Wife, see Married Women

Witnesses, as, 4 : 1904 ; 6 : 672

IdiotsSee Insane Persons

Ignorance

Fact, as affecting liability for crime, 5 : 57

Illegitimacy See Legitimacy

111 Fame

See Prostitution

Immigration

Canal employees, Panama to permit, p. 844, art. 12 Importation of foreign convicts, punishment, 5 : 184 United States, to Exclusion of aliens seeking entry through Canal Zone, p. 889, sec. 136

Issuance of visas in Canal Zone, p. 890, sec. 224 Nonquota immigrant as including immigrant born in Canal Zone, p. 890,

sec. 204

Tei-m United States excludes Canal Zone, p. 889, sec. 173 Impeachment

Judicial record, of, 4 : 1942

Witnesses, of, see Witnesses

Impersonation, False See False Personation

1131
INDEX

Implied

Contracts, see Contracts

Trusts, see Trusts

Warranties, see Sales

Importation

See Customs Service

Foreign convicts, of, punishment, 5 : 184

Narcotic drugs import and export act, p. 957, sees. 171-185

Plates for printing counterfeit securities, punishment, 5 : 738 ; p. 907, sec. 264

Impossibility Alternative obligation, of, effect, 3 : 704 Ascertaining consideration, of, effect, 3 : 868, 869

Defined, 3:853

Law does not require, 3 : 2853

Object of contract must be possible, 3 : 852 Performance, of, when avoids contracts, 3 : 854 What deemed to be possible, 3 : 853

Will, of condition precedent in, 3 : 598 Imprisonment

See Judgment ; Punishment ; Sentence

Civil process, on

Debtor in supplementary proceedings, 4 : 622 Discharge of person, 4 : 1121-1132 Judgment debtor, of, 4 : 5S3 Commencement of term of, 6 : 517 Consecutive running of sentences, 6 : 516 Contempt, for, until performance of act, 4 : 1172

False, punishment, 5:331, 332

Fine, in case of nonpayment of, 6 : 127, 497, 513 Habeas corpus, after discharge on A felony, 5 : 192 When permitted, 6 : 744 Hard labor, at, for felony, 6 : 498 Judgment of, how executed, 6 : 513-515 Term of Commences when, 6 : 517 Temporary releases not part of, 6 : 518

Incapacity See Infants ; Insane Persons

Marriage, to enter into, 3 : 54

Incest

Definition and punishment, 5 : 414

Incident Passes with principals, 3: 472, 2862 Transfer of, does not pass principal thing, 3 : 472, 2862 Income

Accumulations of, 3 : 321-325 ; see Accumulations

Disposition of, governed how, 3 : 321 Includes what, 3: 351 Undisposed of, who entitled to, 3: 332 Incompetents

See Insane Persons

Indecency

See Obscene

Crimes against public decency, 5: 391-484

Destruction of indecent articles, 5 : 454 Determination of indecent character of articles seized, 5: 453 Mailing indecent articles or matter, p. 920, sees. 334, 335 Procuring another to make indecent exhibition, 5: 451 Regulations by President respecting indecent conduct, 5 : 391, 392

Seizure of indecent articles, 5 : 452 Use of indecent language, punishment, 5 : 002 Indecent Exposure

Definition and punishment, 5: 451

1132
INDEX

Indemnity

See Guaranty; Suretyship

Agents, acts of, indemnity covers, 3: 2044

Bail, sureties when called, 3: 2049 Defense of action by indemnitor, 4: 961

Defined, 3: 2041 Future wrongful act, against, void. 3: 2042

Interpretation of, rules for, 3: 2047

Joint and several liability of person indemnifying another, 3 : 2046 Judgment against person indemnified, when conclusive, 4

:' 901

Liability of indemnitor, general rules as to, 3 : 2047

Notice to indemnitor of action against person indemnified, 4 : 961 Past wrongful act, against, effect of, 3: 2043 Reimbursement, indemnitor, when entitled to, 3: 2048

Several, to, effect of, 3: 2045 Unlawful or wrongful act, against, 3: 2042, 2043 Indorsement

See Bills of Exchange; Negotiable Instruments

Nonnegotiable instrument is transferable by, 3 : 713 Presumptions as to, 4: 2007

Infants See Guardian and Ward; Parent and Child

Abduction or enticement forbidden, 3: 47 Abuse of, punishment, 5: 443 Accumulations, during minority, 3: 321-335; see Accumulations

Actions by, 3: 34

Adoption, see Adoption

Adults, who are, 3: 23 Appearance by guardian

In general, 4: 127, 1772

Magistrate's court, in, 4: 695 Probate proceedings, in, 4: 1694

Attorney's fees for, how fixed and paid, 4: 1823 Begging, using for, punishment, 5: 442 Compromise of claim of, 4: 1824

Contest of probate, limitation of actions, 4 : 1257 Contracts Capacity to contract, 3: 25, 26', 811, 812

Disaffirmance, 3: 26-29

Necessaries, for, 3: 28, 982 Crime, capacity to commit, 5: 57

Cruelty to Aid in prevention by agent of humane society, 5 : 444 Punishment, 5 : 443 Custody of, see Divorce; Parent and Child

Delegation of power by, 3: 25

Disabilities of, 3: 25

Disaffirmance

Contracts, of, 3: 26-29

Obligations under statute, 3 : 29

Distributee of estate, procedure where infant without guardian, 4 : 1651 Earnings of minor may be paid to tiim, 3 : 182 Education of, liability for, 3 : 166, 173 Exemplary damages, liability for, 3 : 33 Fraudulent production with intent to intercept inheritance, 5: 233 Guardian ad litem for, see Guardian Ad Litem

Guardians for, see Guardian and Ward

Judgment for, payment to guardian, 4: 1823 Kidnaping, punishment of, 5: 281-283

Lascivious conduct with, punishment, 5 : 416 Legitimacy of children, see Legitimacy

Majority, age of, 3 : 21 Marriage

Annulment, institution of suit by parent, 3 : 56

Capability of contracting, 3: 60 When voidable, 3 : 54

1133
lUDEX

Infants—Continued

Marriage settlement by, may be made, 3 : 155 Mendicant purposes, using for, 5 : 442 Name, change of, 4 : 1192

Necessaries, contracts for, 3 : 28, 982

Negotiable instrument, assignment or endorsement of by, 3 : 2342 Nonsupport by parent, punishment, 5 : 441

Peddling, disposition or use of child for, 5 : 442

Period of minority computed, how, 3 : 21, 22 Posthumous children, see Posthumous Children ; Succession

Property, contracts respecting, 3 : 25 Residence of, determination by parent, 3 : 183

Service of summons on, 4 : 166

Stealing of, 5: 283

Stolen goods, presumption as to goods receive<l from, 5 : 786

Substituting one for another, punishment, 5 : 234

Succession by, see Succession

Support of In general, see Parent and Child

Out of accumulations of income, 3 : 325 Taking or enticing from parent or guardian, 5 : 283 Torts of, liability, 3: 33 Unborn child, rights of, 3 : 24 Wages of minor may be paid to him, 3 : 182 Who are infants, 3: 21

Witnesses, as, 4: 1903 Information

See Demurrer; Pleading

Accessory, against

Necessary allegations, 6: 211 Though principal not prosecuted, 6: 212 Amendment

Effect of failure to permit, 6 : 258 When may be made, 6 : 257 Charging but one offense, 6 : 185 Conspiracy to cheat or defi'aud, for, 6 : 204

Construction of words used, 6 : 188

Corporation, filing against, 6 : 835

Defects in as ground for arrest of judgment, 6: 461

Defined, 6: 171 Demurrer to, see Demurrer

Different counts or alternative means in same count, 6: 186

Directness and certainty required in certain regards, 6 : 1S3 Discharge of defendant where facts charged not offense, 6 : 388

Disclosure of making for felony before arrest, 5 : 182 Dismissal Not a former acquittal, 6 : 276 Where not filed within 20 days, 6 : 791, 792 Embezzlement, for, 6: 204

Failure to charge offense Discharge of defendant, 6: 388 How jind when to take objection, 6: 260

Filing of After commitment and examination, 6: 174 After discharge on preliminary hearing, 7 : 3

Clerk, to be filed with, 6 : 175

Direct, 6: 141

First pleading of Government, is, 6 : 171 Forgery, for, where instrument destroyed or withheld, 6 : 202 Formal defects or imperfections, immateriality, 6: 162, IS!) Form of, 6 : 182

Investigation of offense by district attorney

Conduct of, 6: 173 Ordering discharge of defendant, 6 : 176

Joint, one or more may be convlptod or pcquitted, 6; 197

1134
ItJDEX

Information—Continued

Judgment, how pleaded, 6: 196

Judicial notice, matters of, need not be stated, 6: 193

Jurisdiction of court Discharge of defendant for lack of, 6 : 388

Objection to, how and when taken, 6: 260

Larceny, for, 6: 204

Libel, for, 6 : 201

Materiality of errors or departures in pleading, 6: 162, 189 Name, fictitious Insertion of true name when discovered, 6 : 190

Sufficiency of, 6: 187 New

Acquittal because of variance, directing on, 6 : 420 Allowance of demurrer, ordering on, 6 : 256

Arrest of judgment, directing on, 6 : 464 Discharge for lack of jurisdiction or failure to charge offense, directing

on, 6: 388

Failure to authorize, effect of, 6 : 258

Setting aside of original, ordering on, 6 : 243-245

Nuisance, for, 3 : 2812, 2813

Objections to, how taken, 6: 260 Obscene books or papers, for selling, 6 : 205

Offenses prosecuted by, 6: 172 Perjury or subornation of, for, 6 : 203 Person injured, allegation as to, 6: 192 Presumptions of law need not be stated, 6 : 193

Prior convictions, how charged, 6 : 195 Private law, pleading of, 6 : 194

Requisites of, in general, 6 : 181 Right of accused to be informed, 1 : 1 Setting aside

Effect of direction that new information be filed, 6 : 244 Ground for, 6: 241 Hearing and determination of motion, 6 : 243 Motion to set aside on arraignment, 6 : 232 Order no bar to future prosecution, 6 : 245 Waiver of objection, 6 : 242

Suflicieucy of, in general, 6: 187 Time of offense, allegation of, 6: 187, 191 Time to file, 6 : 174, 791 Use of words employed to define offense, 6 : 184

Variance, see Variance

Inheritance

See Succession

General rules of descent, 3: 633 Injunction

Answer, allowance of injunction after, 4: 344 Court or judge may grant, 4: 341

Defined, 4 : 341 Denied in what cases, 4: 342 Disobedience of, as contempt, 4 : 1163, 1171 ; 5 : 212 Exception to sureties, 4 : 345 Granted in what cases, 3 : 2611, 2681 ; 4 : 342 Hearing, 4: 343

Justification of sureties, 4: 345 Motion to vacate or modify, 4 : 346

Notice, where granted after answer, 4 : 344

Nuisance, prevention of, 3: 2684 Penalty or forfeiture, not granted to enforce, 3 : 2684

Preliminary injunction, 4: 343

Preventive relief Granted only in cases specified, 3 : 2611 How given, 3: 2683

Is granted by injunction provisional or final, 8 : 2741

1135
ItJDEX

Injunction—Continued

Provisional or final, is, 3 : 2741

lleview by Circuit Court of Appeals of interlocutory decrees, 7 : 61 ; p. 982,

sees. 225, 227

Service of copy of complaint or affidavits, 4 : 343 Temporary restraining order, 4 : 343 Time of granting, 4: 343 Undertaking upon granting, 4 : 345

Vaciiting or modifying, 4 : 346

Violation, ordering restitution to party injured, 5 : 212

Injuries See Damages

Are either to the person or property, 4 : 14

Civil action arises from, 4 : 12 Death, causing, see Wrongful Death

Kinds of, enumerated, 4 : 14

Malicious, see Malicious Mischief

Negligence, see Negligence

Obligation to abstain from, 3 : 971 Right of protection from, 3 : 41 To person, defined, 4 : 16 To property, defined, 4 : 15

Injuries to Canal and Railroad Employees

Alien employees, removal or modification of minimum limit on compensation, 2 : 123 ; p. 886, sec. 793

Application of act to Canal and Railroad employees, 2 : 121 ; p. 885, sec. 790 Assignment of share of moneys received in satisfaction of Railroad's

liability, 2 : 122 ; p. 886, sec. 791 Compensation, payment of, 2 : 123 ; p. 886, sec. 793 Complete text of act, p. 876, sees. 751-793

Disability retirement and injury compensation not paid concurrently, 2 : 94 Employee defined, 2 : 121 ; p. 884, sec. 790 Expenses of medical examinations, payment, 2 : 123 ; p. 886, sec. 793

Liability of railroad for injuries to employees, p. 989, sees. 52-59 Loss of wages to employees, payment, 2 : 123 ; p. 886, sec. 793

Medical, surgical, and hospital services and supplies, payment of, 2 : 123

p. 886, sec. 793

Modifications of act in respect to Canal and Railroad emplovees, 2 : 123

p. 886, sec. 793 Release of rights against Panama Railroad Company, 2 : 122 ; p. 886,

sec. 791 Temporary disability, waiver of making of claim, 2 : 123 ; p. 886, sec. 793 Text of entire act, p. 876, sees. 751-793 Transfer of administration of act to Governor, 2 : 123 ; p. 886, sec. 793 Transportation and burial expenses, payment of, 2 : 123 : p. 886, sec. 793 Traveling and other expenses of employees, payment, 2 : 123 ; p. 886, sec. 793 Innkeepers

Defrauding, punishment, 5 : 701 Failure to register guests, punishment, 5 : 609 Lien on baggage, 3 : 1201 Refusal to receive guests, punishment, 5 : 375

Sale of baggage to enforce lien, 3 : 1201

Sale of unclaimed baggage, 3 : 1202 Innocence Presumption of, 4 : 2007 ; 6 : 363 Insane Persons

See CoROZAL Hospital; Guardian and Ward

Adjudication of incapacity, 4 : 1741 Admission to Corozal Hospital, 4 : 1752 Annulment of marriage, institution of suit, 3:56

Appearance by guardian

In general, 4 : 127

In magistrate's court, 4 : 695 In probate proceedings, 4 : 1694 1136
INDEX

Insane Persons—Continued

Coniniitnient to asyluiu after finclinj,' of insanity, G:814, 815 Contest of probate, limitation of actions, 4 : 1257

Contestinj,' rejwrt on sanity, 4 : 175G

Contracts, capacity to make, 3 : 30-32, 811, 812

Corozal Hospital, see Cokozal Hospital

Criminal responsibility, see separate subhead, Infra Cruelty to, punishment, 5:374

Discliarge from continonient, proceedings for, 4 : 1758 1759

Distributee of estate, procedure where incompetent without guardian 4 : Ibol ' Employees of Canal or Railroad, payment of compensation due to 4 • 1705 J^xemplary damages against insane person, 3:33 ' ' Guardians for, see Guardian Ad Litum ; Guardian and Ward Hearing on petition for confinement, 4 : 1754 Incompetent and incapable, defined, 4:1746

Jail, not to be kept in, 4 : 1751 Keeping at Corozal or other suitable place, 4 : 1751 Marriage voidable, 3 : 54

Necessaries, liability for, 3 : 30, 982

Neglect of, punishment, 5 : 374 Opinion evidence as to sanity, 4:1888

Ordering admission to Corozal Hospital for observation 4 • 1755

Petition for confinement of, 4 : 1753 Powers of, after incapacity adjudged, 3 : 32 Prisoner becoming insane, commitment to Corozal Hospital 4 • 1760 Report , . v-vf Admission to Corozal Hospital for observation, of, 4 : 1752 Sanity of person confined for observation, on, 4 • 1755

Rescission of contracts of, 3 : 31 Restoration to capacity, proceedings for, 4 : 1745

Service of summons on, 4 : 166 Temporary release from Corozal Hospital, 4 • 1757 Torts of, liability, 3:33

Transfer of patients to St. Elizabeths Hospital, 4 : 1763

Witnesses, as Incompetency, 4 : 1903 Subsequent incompetency of witnesses to will, effect, 3 : 529 criminal responsibility

Capacity to commit crime, 5 : 57 Detention in asylum until sane, 6 : 816 Determination of question of sanity, 6 : 524, 525, 812-814 Finding of insanity and proceedings thereon, 6

:' 527 814-816

Inquiry into sanity After judgment of death, 6 : 524-527 Before trial or after conviction, 6 : 811-816 Judgment

Death, of, inquiry into sanity after, 6 : 524-527 Execution of judgment of death after sanity restored, 6 : 527

Insanity of defendant as cause against, 6 : 811 Rendition after sanity restored, 6: 816 Suspension to determine sanity, 6: 812 Sentence or punishment while insane, forbidden, 6: 811 Sound mind, who are persons of, 6: 374

Trial of After reason regained, 6: 816 Suspension to determine sanity, 6: 812 While insane, forbidden, 6: 811 Insolvency See Assignments fob Creditors ; Fraudulent T'ransfers Bank, of, receiving deposits, 5: 756

1137
INDEX

Inspection of Vessels Board of local Inspectors

Administration of oaths by, 2: 41 Process to compel attendance and production of papers before, 2 : 4."'> Production of papers autliority to require, 2: 42 Summoning of witnesses by, 2: 42

Certificate of inspection

Failure to have or display, 2: 156 Issuance and display, 2 : 154 Refusal of, 2: 155 Revocation for changes in condition of vessel, 2: 157

Certification of small vessels, 158, 160 Changes in condition of vessel, revocation of certificate, 2 : 157 Display

Certificate, of. 2: 154, 156 Numbers, of, by small vessels, 2 : 158, 159

Failure to have or display certificate, 2: 156

Fines, 2: 156-160

Fire-fighting apparatus on small vessels carrying passengers for hire, 2: 160 Foreign vessels, inspection of, 2 : 152 Issuance of certificate, 2 : 154

Licensing of operators of small vessels propelled by machinery, 2 : 158

Life preservers on small vessels carrying passengers for hire, 2 : 160

Notice of revocation of certificate, 2: 157 Numbering of small vessels, 2 : 158, 159 Passengers

Inspection and certification of small vessels carrying for hire, 2 : 160 Receiving on vessel in excess of number authorized, 2 : 156 Receiving on vessel not having certificate, 2 : 156 Refusal of certificate, 2 : 155

Registration of small vessels, 2: 158, 159 Regulations governing 2 : 153 Revocation of certificate of Inspection, 2 : 157 Small vessels, of, 2: 158-160 Statement of reason for failure to approve vessel, 2: 155

Vessels subject to inspection in general, 2: 151 Inspection of Writings t Order for, 4: 921

j Party making, need not put in evidence, 4 : 1971 I Produced by witness to refresh his memory, 4: 2116 \ Refusal of inspection, its effect. 4 : 244, 921 > When may be demanded, 4 : 921 \ Where copy annexed to pleadings, 4 : 244 Writing shown witness, adverse party may inspect, 4 : 2123 Written instrument, in suit thereon in magistrate's court 4 : 786 Instructions

Bill of exceptions, insertion in, 6 : 442 Error disregarded unless substantial, 4: 277

Evidence, weight and effect of, 4: 2131

Further, after jury retires, 4: 468 General nature and requisites of, 4 : 462 Preponderance of evidence, as to, 4 : 2131 Reasonable doubt, as to, 4 : 2131

Special, duty of court respecting, 4: 463 Weight and character of evidence, as to, 4: 2131 Written statement of points of law, 4 : 462 Instruments

Contracts, see Contracts

In general, see Written Instruments » Negotiable, see Negotiable Instruments

Nonnegotiable, see Nonnegotiable Instruments

InsultRight of protection from, 3 : 41

1138
Insurance

Accident insurance, notice of injury, 3: 1992

Agent, by, form of policy, 3: 1934 Change of interest iu tiling Insured, effect of, 3: 1888-1891 Concealment

Defined, 3: 1901

Entitles party to rescission, 3 : 1902, 1909 Facts which must be disclosed, 3 : 1903 Facts which need not be disclosed, 3 : 1904, 1908, 1910 Fraudulent omission to communicate facts, 3 : 1909 Information as to interest of assured, necessity of communicating,

3: 1908

Materiality of facts, test of, 3 : 1905 Matters of opinion need not be communicated, 3 : 1910 Matters which each is bound to know, 3 : 1906

Provisions as to, apply to modification of contract, 3 : 1922 Waiver of right to information, 3 : 1907

Corporations, see Foreign Coepobations

Defined, 3: 1851 Double insurance, 3 : 2001, 2002 Events which may be insured against, 3 : 1861 Exemption from liability, how pleaded in answer, 4: 222 Exemption of moneys arising from life insurance, 4 : 590

Fire insurance Acts increasing risk but not violating policy, 3 : 2023

Alteration increasing risk, 3 : 2021

Alteration not increasing risk, 3 : 2022 Double insurance, contribution in case of, 3 : 2002 Fixing value of insured's interest, 3 : 2025

Indemnity, measure of, 3 : 2024

Notice of loss, 3: 1991 Panama Railroad Company not to carry, 2 : 222

Valuation, effect of, 3: 2024 Fraudulent injury to or destruction of insured property, 5 : 705 Health

Insurable interest in, who has, 3 : 2032 Measure of indemnity is sum fixed, 3 : 2035 Passage of policy by transfer, will or succession, 3 : 2033 Indemnity insurance, see Indemnity

Insurable interest Carrier or depositary has, 3 : 1883 Contingent or expectant interest, 3 : 1882, 1884

Defined, 3: 1881

In life and health, who has, 3 : 2032 Insurance without, void, 3 : 1886 May consist in what, 3 : 1882 Measure of, 3 : 1885

Stipulation for payment irrespective of, void, 3 : 1892 When must exist, 3 : 1887 Joinder of separate insurers in action, 4 : 139

Life insurance

Insurable interest, who has, 3 : 2032 Measure of indemnity is sum fixed, 3 : 2035 Passage of policy by transfer, will or succession, 3 : 2033, 2034 Payment of proceeds of policy, 3 : 2037

Restraining beneficiary from disposing of installment before due, 3: 2036 When may be made payable, 3 : 2031 LossAgreement before loss not to transfer claim is void, 3 : 1944

Certificate of, when dispensed with, 3 : 1996

Contribution in case of double fire insurance, 3 : 2002 Excepted perils, 3 : 1983 Incurred in rescue from peril insured against, 3 : 1982

Interest covered by policy, 3: 1933

1139
INDEX

Insurance—Continued

Loss—Continued

Negligent or willful act of insured, 3 : 1984

Notice of, 3: 1991-1996 Preliminary proofs, 3: 1993-1996 Remote and proximate cause, 3 : 1981

Lottery or lottery prize, not insurable, 3 : 1862

Marine, Panama Railroad Company not to carry, 2 : 222

ISlortgaged property, insurance on, 3 : 1874, 1875

Overinsurance, return of premium, 3 : 1974-1970

Parties to Designation of, 3 : 1871

Successive owners, policy may be so framed as to inure to, 3 : 1937 Who may be insured, 3 : 1873 Who may insure, 3: 1872 Whose interest is covered by policy, 3 : 1933 Part owner, by, 3: 1935

Partner, by, 3: 1935

Policy

Assignment to mortgagee, 3 : 1874, 1875

Defined, 3: 1931

Description of insured in general terms, 3 : 1936, 1937 Form of On insurance by agent, 3 : 1934 On insurance by part owner or copartner, 3 : 1935 May provide for avoidance, 3 : 1959 Open, defined, 3 : 1939, 1940 Running, defined, 3: 1942 Transfer of thing insured, effect of, 3 : 1938

"Valued Defined, 3: 1939, 1941 Rights and liabilities under, 3: 2025 What must be stated in. 3 : 1932 Whose interest covered by, 3: 1933 Premium

Acknowledging receipt of in policy, 3 : 1943 Return of, 3: 1971-1976 Proof of loss, 3 : 1993-1996 Reinsurance

Defined, 3: 2011

Disclosures required, 3 : 2012

Original insured has no interest in, 3 : 2014 Presumed to be against liability, 3 : 2013

Representations

Alteration or withdrawal of, 3 : 1916 As to future, effect of, 3: 1914 As to information one has without personal knowledge, effect of, 3: 1918

Effect of, 3: 1915

False, when deemed to be, 3 : 1919

Falsity, effect of, 3: 1920

Interpretation, rules for, 3: 1913

Materiality of, how determined, 3 : 1921 May be at time of issuing policy or before, 3 : 1912 Oral or written, may be, 3 : 1911

Provisions as to. apply to modification of contract, 3 : 1922 Refer to what time, 3 : 1917

Rescission

Alteration increasing risk, for, 3 : 2021 Concealment, for, 3: 1902, 1909 False representations, for, 3 : 1920

Policy may provide for, on violation, 3: 1959 Time for exorcising right of, 3: 1923

Violation of material provision, for, 3: 1958, 1959

Successive insurances, policies contemplating, 3 : 1942 1140
INDEX

Insurance—Contiuued

Successive owners, policy may be drawn to iuure to, 3: 1937 Transfer claim, contract before loss not to, is void, 3: 1944 Transfer of thing insured, effect of, 3 : 1888-1891, 1938

Validity

Agreement before loss not to transfer claim, is void, 3: 1944 Gaming or wagering policy void, 3 : 1892

Insurable interest, insurance without, void, 3: 1886

Stipulation for payment irrespective of interest void, 3: 1892 Warranties Are express or implied, 3: 1951 Breach without fraud, effect, 3 : 19G0 Express

Must be in policy, 3 : 1953 What statements are, 3: 1955, 1956 Form of, no particular words necesary, 3: 1952 May relate to past, present, or future, 3 : 1954 Performance excused when, 3: 1957 Representation may qualify implied warranty, 3: 1915

Violation of, entitles one to rescind, 3 : 1958 What statements amount to, 3 : 1955, 1956 Insurance Companies

See Foreign Coepobations

IntentAccident or mistalje as disproving criminal intent, 5 • 57 Injuring person other than one intended, 5 : 57

Malicious and guilty, presumption of, from unlawful act 4 • 2006 Manifestations and presumptions as to, 6: 374 Respecting ordinary consequences of act, presumption of 4- 2007 Unconsciously committing crime, effect of, 5 : 57 Union of act and intent necessary, 5 : 22 Unlawful, presumption from unlawful act, 4 • 2007

Interest Annual, rate deemed to be, 3: 1265 Bequest of, when accrues, 3 : 618. 621 Contract to pay liquidated sum, interest in case of. 3- 2653 Damages

As element of, 3: 2631, 2632 Those prescribed are exclusive of interest. 3: 2673

Defined, 3: 1264 Deposit money orders, on, 2: 274 Evidence of usury, 3: 1269

In action ex delicto, 3: 2632 Judgment, on, 4: 583

Legacies, on, 3: 621, 622 Presumed on loan, 3: 1263 Rate

After breach, 3: 2633 Deemed to be annual, 3: 1265 What is maximum allowable, 3: 1266 Recovery of usurious interest paid, 3 : 1268 Usurious contracts, principal only, recoverable, 3: 1267 Waiver of, by accepting principal, 3: 2684

Interests in Property

See Peopekty

Interment

See Cemeteries

Interpleader

When and how maintained, 4: 142

Interpretation See Construction ; Contracts ; Grants ; Statutes

Interpreter

Proof of instruments, officer taking may employ, 3 : 507 Summoning of, and service by, generally, 4 : 1906

Interrogatories See Despositions 1141
n^DEX

Intervention

District attorney, by, in respect to escheat of property, 4 : 1182 Fee on filing petition of, 4: 982

Security for costs by intei-^'enor, 4 : 1025 When and how effected, 4 : 143 Intestacy

Succession in case of, 3 : 631-654 ; see Succession

AVill interpreted to avoid, if possible, 3 : 580

Intoxicating Liquors

Administering to commit felony, 5 : 313 Mailing of, p. 924, sec. 340 Shipment of, offenses respecting, p. 933, sees, 388-390; p. 981, sec. 122 Transit through Canal Zone, p. 862

Intoxication As defense to crime, 5 : 58 Driving motor vehicle while Intoxicated, punishment, 5 : 512, 513

Habitual, as cause for divorce, 3 : 71, 83

In public place, punishment, 5 : 603

Intent, consideration in determining, 5: 58

Physician, punislnnent of acts endangering life, 5 : 372

Inventions

Property in, 3: 381-386 Inventory

See AssiGNMKKTs FOR CKEa)iT0BS ; Estates of Decedents ; Guabdian and

Ward

Legatee for life, inventory by, and what to contain, 3 : 617

Wife's separate property, of, 3 : 141, 142

IssuesAre of law or fact, 4 : 431 Arise when, 4 : 431 Bringing to trial, 4: 437

Fact, of

Arise, in criminal actions, on pleas, 6 : 301 How raised in civil actions, 4: 433 How tried, 4: 435; 6: 302 Law, of How tried, 4: 434 Proceedings after determination of, 4 : 504 Raised by demurrer, 4: 432

Magistrate's court, in, see Magistrates' Coxjrts Not made by pleadings, how tried, 4 : 73 Presumption that all matters within, were passed upon, 4: 2007 Probate proceedings, in, how tried, 4: 1690, 1691

JailsSee Prisoners

Carrying into, things useful in escape, 5: 204

Escape, see Escape

Execution of judgments for imprisonment in, 6 : 515 Inhumanity to prisoner, punishment, 5 : 177 Injuring or destroying, punishment, 5 : 841

Prisoners, see Prisone:rs Rescue of prisoner, punishment, 5 : 206 Transfer of prisoners from one penal institution to another, ©: 904 Jeopardy

See Former Jeopardy

Joinder

Parties, of, see Parties

What actions may be joined, 4: 204

Joint Commission ^ Convention of 1903

j Appraisal and settlement of claims, p. 841, art. 6 '^ Establishment of commission, p. 845, art. 15 ;, Convention of 192G * Establishment of commission, p. 857, art. 1 ! Organization and meetings, p. 858, art. 2 f

1142
INDEX

Joint Commission—Continued

Convention of 1926—Continued

Payment of couiuiissioners, p. 860, art. 9

Proceedings of commission, p. S59, arts. 3-6; p. 861, art. 1 Joint Debtors

Declarations of, when admissible, 4 : 1888 Procedure where part only served, 4 : 167 Proceedings against others after judgment against one or more, 4: 901-91)6 Joint Defendants

See Defexdant

Joint Stock Companies

Prospectus, unauthorized use of name in, 5 : 754 Regulation of foreign joint stock companies, 8 : 229

Joint Tenants

See Tenants in Common

Delivery by depositary of thing owned jointly, 3: 1106 Husband and wife, joint tenancy between, 3 : 137, 280 Insurance not avoided by transfer between, 3 : 1891

Interests are in common unless expressly declared joint, 3 : 279

Joint interests defined, 3 : 276 May jointly or severally sue or defend, 4 : 140 Waste, liability for, 4 : 652 Judges

See DiSTKicT Judge ; Judicial Officers ; Magistrates

Affidavits, may take, 4: 2074-2076

Bribe, asking or receiving, 5 : 122 Bribery of, 5 : 121 Contempt, see Contempt

Depositions, may take, 4 : 33, 2101

Disqualification, grounds for, in general, 4 : 28

Incidental powers and duties of courts, 4: 23 Oaths and affirmations, may administer, 4 : 2171 Partner practicing law, not to have, 4: 29 Presumption that judge acts within jurisdiction, 4: 2007

Questions of law addressed to, 4 : 2182

Witnesses, as, 4: 1905 Judgment

See Execution ; Judgment Roll

Action on, how pleaded, 4 : 255 Adjudged, what deemed to have been, 4 : 1937 Administrator or executor, against, effect of, 4: 1485

Affirmative relief to defendant, 4 : 543 Against one or more of defendants, 4: 134 Against one party, action proceeding as to others, 4 : 413 Against person indemnified, wlien conclusive against indemnitor, 4 : 961 Agreed case, on. 4: 1112. 11 13 Annulling marriage, conclusiveness, 3 : 59 Appeal from, see Appeal

Appeal, on

Rendition by Circuit Court of Appeals, 7 : 61 Rendition on appeal to district court, 4: 888

Assoc-iates in business, against, effect of, 4: 144 Attachment, in, how satisfied, 4 : 365

Attorney's authority to acknowledge satisfaction of, 4 : 48 Causes submitted without action, in, 4 : 1112, 1113 Claim and delivery, in, 4: 544 Compromise, offer to allow judgment for certain sum, see Compkomtse

Conclusiveness of, see Res Adjudicata

Confession of judgment, see Confession of .Judgment

Contribution among debtors, 4: 610

Counterclaim, judgment where affirmative relief demanded, 4 : 543 Criminal actions, in, see sepai'ate subhead, infra Decedent, against

Filing like other claims, 4: 1486 Order of payment, 4 : 1591

1143
INDEX

Judgment—Continued

Decedent's estate, against, effect of, 4: 1485

Decision on trial by court, 4 : 501, 502

Default, see Default

Deficiency judgment on foreclosure, 4 : 641

Defined, 4:411

Demurrer, on, proceedings after, 4 : 504 Determination of ultimate rights of parties on one side, 4 : 412

Dismissal, see Dismissal

Divorce, decrees in actions for, see Divorce

Docketing, 4:548

Dormant, execution on, 4 : 586

Enforcing, manner of, 4 : 585 Entry of In general, 4 : 541, 545, 548 Judgment rendered on special verdict, 4 : 485 Judgment upon decision, 4 : 502 Evidence, as, 4:2006

Execution, see Execution

Expires wlien, 4 : 581, 586 Foreign

Admiralty court, of, effect of, 4 : 1940

Conclusiveness of, general rule, 4 : 1939, 1941

Effect of, 4 : 1941 How enforced, 4 : 1939

Justice's judgment of a State, how proved, 4 : 1947, 1948 Proof of, 4 : 1931-1938 Former, pleading and proof, 4 : 2006 Impeachment of judicial record, grounds for, 4 : 1942

Interest on, 4 : 583

Joint debtors, proceedings against, after judgment, 4 : 901-906 Judgment roll, see Judgment Roll

Judicial records, see Judicial Records

Jurisdiction sufficient to sustain, 4 : 1943

Limitation of action on, 4 : 83

Magistrate's court, in, see Magistrates' Courts

Merits, to be on, except when, 4 : 417

Modification on appeal to Circuit Court of Appeals, 7 : 61 New trial, see New Trial

Nonsuit, 4 : 415 ; see Nonsuit

Oflicer, against, when conclusive against indemnitor, 4 : 961

Particular proceedings, in, see particular subject Parties on one side, determination of ultimate rights between, 4 : 412 Payable in specified kind of money, 4 : 544 Permanent support of wife, in action for, enforcement, 3 : 116

Pleading, 4 : 255, 2006 Presumption that judgment correctly determines rights, 4 : 2007 Probate proceedings, in, 4 : 1681, 1690

Proceedings after Against joint debtor not summoned in original action, 4 : 901-906 On issue of law, 4 : 504 Proof of judicial records, 4 : 1931-1933 Proving instrument for record, action for and effect, 3 : 509, 510

Record, judicial, see Judicial Rpxords

Referee's finding, on, 4 : 516

Relief from, 4 : 275

Relief that can be awarded plaintiff, 4 : 414

Rendition after death of party, 4:546

Replevin, in action of, 4 : 544 Res adjudicata, see Res Ad.tudicata

Reviving after five years, 4 : 586

Satisfaction of Attorney may acknowledge, 4 : 48 How made and entered, 4:550

Who may take acknowlodgmoiit of, 4 : 33

1144
INDEX

Judgment—Continued

Time for entry, 4 : noi, 541. 54S Vacation of. 4 : 27r». nSG, 537

Verdict, renderin.ii- judgment notwitlistandins verdict, 4 : 48G What deemed to liavo been adjudged, 4:1937

IN CRIMINAL ACTIONS

See ExKcx'TioN ; Imprisonment; Punishment; Skntencr

Arraignment of defendant for, 6:492

Arre>^t of. 0;401-4(>4: see Arrest of Judgment

Bentii warrant, where defendant does not appear for, 6:488-491

Costs for receiving and entering, 6:392

Defendant

How hrouglit in for. 6 : 487. 488

Presence of, necessity, 6:4S6

Degree of crime, determination on plea of guilty, 6 : 485 Demurrer, on. 6 : 255 Determination of punishment

Duty of court, 6 : 482 Hearing circumstances in aggravation or mitigation of, 6:494, 495

Mitigation when act already ininished as contempt, 6:496

Wliere nn'nimum only is prescribed, 6:484

AVhere undetermined between limits, 6 : 483 Entry of Generally, G: 499

On informal verdict, 6: 417 Execution of, see Execution

Fine, for, may direct imprisonment. 6 : 497 Hard labor, including provision for in case of felon.v, 6: 498

Insanity of defendant as cause against, 6: 811; see Insane Persons

Magistrate's court, in. see Magistrates' Courts

Pleaded, how, 6 : 196 Presence of defendant, necessity of, 6: 486

Probation, 6 : 500, 501 ; see Probation Pronouncement in absence of cause to contrary, 6: 493 Punishment, see Punishment

Special verdict, on, how given, 6 ; 410 Suspension nf execution of judgment of death, 6: 523 Time for pronouncing. 6 : 481 Judgment by Confession

See Confe;ssion of Judgment

Judgment by Default

See Default

Judgment Roll In cause submitted without action, 4 : 1112 Preparation and filing of, 4 : 547 Return of marshal must be attached to, 4 : 584 What constitutes Generally, 4: 547 On certiorari, 4 : 1041 On confession of judgment, 4: 1103

Judicial Notice Court to declare knowledge to jury, 4: 2182 Information need not state matters of, 6: 193 Taken of what facts, in general, 4 : 1891

Judicial Officers See District Judge ; Judges ; Magistrates ; Officers

Asking or receiving fees *if stenographer or reporter, 5 : 124

Bribe, asking or receiving, 5 :122 Bribery of, 5: 121 Contempt

:\Iay punish for, 4 : 32 Misbehavior of judicial officer as, 5: 212 Emolument or reward, asking or receiving, 5 : 123 Lien of officer levying attachment or execution, 3: 2316

9308.1—34 73 1145
INDEX

Judicial Officers—Continiied Misbc'Imvior as conteuipt, 4: 1163; 5: 212 Powers of, as to conduct of proceedings, 4 : 31 Stenographer or reporter paying fees for appointment, T) : 125

Judicial Records

Defined, 4: 1930 Foreign admiralty court, effect of, 4; 1940 Foreign judgment, its effect, 4: 1941 Impeachment of, grounds, 4 : 1942

Jurisdiction required to sustain, 4 : 1943

Justice's judgment in a State, how proved, 4: 1947, 1948 Presumption of correctness, 4 : 2007 Proof of, 4:1931-1933

State, of, effect, 4: 1939

Judicial Sale See Execution

Jurisdiction See DisiRiCT Court; Magistrates' Courts

Acquired at what stage of proceedings, 4 : 171

Aliens, actions between, 4 : 121

Circuit Court of Appeals, appellate jurisdiction, 7 : Gl ; p. 982, sec. 22;" Criminal

Discharge of defendant when court without, G : 388

Objection to, how and when taken, 6 : 260 Judgment

Impeachment for want of, 4 : 1942 What necessary to sustain, 4: 1943

Nonresidents, actions between, 4 : 121 Objection of want of, cannot be waived, 4 : 215

Particular proceedings, in, see particular subject PlMce of trial, see Place of Trial

Presumption in favor of, 4 : 2007

Sufficiency of, to sustain judgment, 4: 1943 Venue, see Place of Trial

What constitutes, 4: 1943 Jurors

See Jury

Bribe, asking or receiving, 5 : 122 Bribery of, 5: 121 Challenge

Defined, 6: 331 Kinds of, 4 : 451 ; 6 : 331, 343 To individual jurors, 4: 451-453; 6: 332, 342-357 To panel, 6: 333-341 Fee Accompanying demand for jury trial, 4 : 983 Allowed to jurors, 7 : 35

Illness of juror, proceedings on, 4: 4G9 Improper agreement or receipt of information by, punishment, 5 : 127

Inlluencing juror corruptly, punishment, 5: 12G Misconduct of New trial for, 4: 532 Punishment, 5 : 127 Number of

All must concur in criminal verdict, G : 401 Three-lourths can render civil verdict, 3 : 4G7. 472 Twelve jurors in criminal action, 6: 303 Oath of, 4: 454

Selection Judge to provide for, 7 : 34

Offenses respecting, 5 : 1.34. 135 Snnuuoning and serving of, judge to provide for, 7: 34 Witnesses, as, 4: 1905

1148
INDEX

Jury

See Jurors AdJourmneiU of court while jury out, 4: 471. Admonition on separation, 4 : 465 Box. offenses respecting jury box, 5: 134, 135

Challenge, see Jurors

Deliberation

All must concur in criminal verdict, G: 401 How conducted, 4 : 467 Taking papers with tbem, 4: 466

Three-fourths can render civil verdict, 3 : 467, 472 Disagreement, rendering verdict as to some of defendants, 6 : 415 Discharge before verdict, retrial of cause, 4 : 470 Evidence

Addressed to jury, is, 4 : 2181 Jury are judges of effect of, 4 : 2131 Rules governing jury in weighing. 4 : 2131 Fee accompanying demand for jury, 4: 983 Formation of, 4: 451-454; 6: 331-357

Illness of juror, proceedings on, 4 : 469

Instructions, see Instructions

Judicial notice, jury bound by court's declaration of, 4 : 2182

List, offenses respecting jury list, 5 : 134, 135 Misconduct of, see Jurors

IMust find amount of recovery when, 4 : 483 Panel defined, 6: 333

Polling of, 4 : 472 ; 6 : 418 Presumption that all matters within issues were passed upon by, 4 : 2007 Questions of fact to be decided by, 4: 2181

Separation, 4: 465, 467

Trial by

In general, see Trial

Request for

Deix)sit must accompany, 4 : 983 Making of, 4 : 442 Right to, 4 : 441 ; 6 : 302 ; 7 : 33

Verdict

All jurors must concur in criminal verdict, 6 : 401 In general, see Verdict

Three-fourths can render civil verdict, 4 : 467, 472 View of premises by, 4 : 464 ; 6 : 389

AVitnesses, credibility of, jury are judges of, 4 : 1864

Justice Conspiracy to obstnict, 5 : 81 Crimes against public justice, 5 : 121-234

Justification

Bail, of, see Bail

Sureties, of, generally, see Suretyship

Kidnaping

See Abduction

Bringing in person kidnaped in another country, p. 038, sec. 446

Child, taking or enticing from parent or guardian, 5: 283

Defined, 5: 281 Punishment of, 5: 282 Kindred

See Consanguinity ; Succession

Collateral line, 3: 640 Do^rGGS of "how computed, 3: 636-640 How established, 3: 636

Direct line, 3: 638, 639 Half blood, inheritance by kindred of, 3 : 641 Knowingly

Meaning of, 5 : 5

1147
INDEX

Labels

Sie Tisade-Marks

Druijs or medicines, offenses respecting labeling, 5 : 541 Laches

See Limitation of Actions

Dismistitil of action for want of prosecution, see Dismissal

Land

See Public Lands ; Real Property

Detined, 3: 2oG Landlord and Tenant

See IjEases

Assigning or subletting, effect of. 4 : 114o

Enil)ezzlement, tenant, wben guilty of, 5 : G65

Estoppel of tenant to deny title of landlord, 4 : 2006

Forcible entry, 4 : 1141 ; see Forcible P^ntky and Unlawful Detainer

Forfeiture of lease Grounds for, 4: 1143

I'roceedings for relief against. 4 : 115S Holding over, 4: 1143

Leases, see Leases

Notice to tenant, 4: 1143, 1144

Rent, presumption respecting payment, 4: 2007 Unlawful detainer, 4 : 1143 ; see Forcible Entry and Unlawfut:- Detainer

Landmarks

Defacing or removing, punishment, 5: 832 Lapse of Time

See Limitation of Actions

Larceny

Definition, 5 : 771 Degrees of. 5 : 772 Evidence to prove, what sufficient, 6 : 381

Fire, neglect to notify owner of goods saved frijm, 5 : 781

Fixtures, of. 5 : 778 Gas or electricity, stealing of, •'5: 782 Grand

Assault to commit, punishment, 5 : 311

Definition and punishment. 5: 773 Larceny is grand or petit, 5 : 772 Information for, G : 204

Lost property, of, what constitutes. .^)

: 780 Mortgaged personalty, removal or further incumbrance as larceny, 5: 697 IMortgaged property, removing improvements from after foreclosure, 5 : 770

Petit, definition and punishment, 5: 774

Pledgee, defrauding, as larceny, 5: 702 Proof of, what sufficient, 6 : 381 Punishment, 5: 773, 774

Realty, severing or removing parts of, 5: 778

Records, of, 5: 131, 132

Stolen property

Bringing into Canal Zone, 5: 56, 788 Buying or receiving, 5: 786

Entries by police as to, 6: 827

Officer holds subject to order of court, 6: 821 Restoration to owner by court, 6: 822-824

Sale and disposition of proceeds where unclaimed, 6: 825 Value

Passage tickets, of, 5: 776

Property, of, bow determined, 5 : 10 Written instruments stolen, of, 5:775

Vehicle, taking for temporary use, 5: 784 Water, of, punishment, 5 : 783 Written iustrnments, not delivered, of, 5: 777 Lascivious Conduct

With child, punishment, 5: 416

1148
i:ndex

Law

See Statutes

Conflict of laws, see Conflict of Laws

Discussions of, to be addressed to court 4:2182

Foreign

Evidence of, 4: 1926-1928

Mist.ike of, as mistalie of fact, 3: So.l Presumption as to book« containing, 4 : 1926, 2007

Statutes of limitations, 4 : 111

Instructions, see Instructions

Issues of, see Issues Presumption that law has been obeyed, 4 : 2007

Public and private statutes defined, 4 : 1924 Questions of. what are, 4: 2182

Recitals in statutes, how far evide;i((\ 4: 1929 Reports of cases presumed correct, -i : 2007

State, evidence of law of, 4 : 1926-192.S

Statutes, see Statutes

Unwritten law

Defined, 4: 1925 Evidence of unwritten law of State or country, 4 : 1928 Waiver of, right of, 3: 2835 Written law

Defined, 4: 19-3 Of State or foreign country, evidence of, 4 : 1926, 1928 Leading Questions

Allowed when, 4: 2115. 2117

Defined, 4: 2115 Leases

See Landlord and Tenant

Agreement for. necessity of writing, 3 : 886 ; 4 : 2015, 2017

Assigning, effect of, 4: 1143 Forgery of. 5: 721

Public lands, of, 2: 303

Rent, presumption respecting payment, 4 : 2007 Revocable licenses for lots in town sites, 2 : 304

Writing, necessity of, 3 : 886 ; 4 : 2015, 2017 Legacies See Wills

Legal Maxims

See 3 : 2831-2865 Legitimacy

Acknowledgment of illegitimate 'hild, inheritance in case of, 3: 634, 635 Adoption of illegitimate child By father, 3 : 196 Consent to, 3: 195 Annulment of marriage does not affect. 3 : 57, 634 Custody and services of illegitimate child, 3 : 170

Dissolution of marriage, children born after, 3 : 163 Divorce does not affect. 3 : 118, 634

Inheritance

By illegitimate child, 3 : 634 From illegitimate child, 3: 634, 035

Issue of wife cohabiting with husband. 3 : 161 Legitimation of illegitimate child, 3 : 165, 634 Marriage of parents legitimates child, 3 : 165, 634 Presumption of, 3: 161-164; 4: 2006, 2007 Proof of illegitimacv, 3: 164 Wedlock

Children born in, 3 : 162 Children born before wedlock, 3: 165, 634 Lepers

Marriage licenses, issuance to, 3 : 61

1149
INDEX

Letters

Offenses involving sending, when complete, 5 : 30 Opening, reading, or publishing content, punishment, 5 : 808 Presumption that letters mailed were received, 4 : 2007 Property in, 3 : 386

Right to publish, 3 : 386 Threatening

Punishment for sending, generally, 5: 371 Sending with intent to extort money, punishment, 5 : 686 Letters of Credit

Continuing guaranty, when are, 3 : 2167

Credit given must agree with terms of, 3 : 2169

Defined, 3 : 2161 Exhausted by giving credit, when not, 3 : 2167 Extent of general letter, 3 : 2166 General or special, letters are, 3 : 2164

Liability of writer, 3 : 2163 May be addressed to several persons in succession, 3 : 2162 Nature of general letter. 3 : 2165

Notice to writer, of credit given, whether necessary, 3 : 216S Levy

See ExEXJTJTioN Lewd

See Obscene

Conduct with child, punishment, 5 : 416

LibelAnswer, 4 : 259

Complaint, 4 : 258 Defamation, how effected, 3 : 42

Defined, 3 : 43

Malice, when not inferred, 3 : 46

Privileged publications, 3 : 45, 46 Right to protection from, 3 : 41AS CRIME

Defined, 5 : 351 Information for, 6 : 201

Liability of author, editor, or publisher, 5 : 356, 357 Mailing libelous mutter, punishment, p. 921, sec. 335 Malice presumed when, 5 : 353

Offer to prevent publication, intending extortion, 5:362

Portrait or caricature, publication of, punisiiment, 5:o(!3

Privileged

Report of public official proceedings, 5 : 358, 359 What communications are, 5:360

Publication, what constitutes, 5 : 355 Punishment of, 5 : 352 Threatening to publish, punishment, 5 : 361

Truth, as defense, 5 : 354

Licenses

Failure to give proper receipts, punishment. 5:626

Foreign corporations, to do business, 3 : 221-230 Healing art, to practice, 2 : 372

Possession of improper blanks, 5 : 627 Regulations concerning license taxes, 2:401, 402 Revocable licenses for lots in town sites. 2 : 304

Self-propelled vehicles Agreements witli I'anama concerning fees. 2 : 322 Use and operation of, licenses for, 2:321

Liens

Accessory to act secured, 3 : 2221 Attachment, of, 3:2316; 4:357

Banker's, 3 : 2315

('arrier's, see ('arkieks ok Goods

Claim not due, no lien for, 3:2182

1150
INDEX

Liens—Continued

Conipensatiun, holder not entitled to lor trouble or expense, :^ : 2195

Conlined to original obligation, 3 : 21!M Conversion

By lienor extiuguislies lien, 3 : 2222 Damages of lienor, 3 : 2G64 Created by contract or operation of law, 3:2181

Creation of does not imply personal obligation, 3 : 2193

Defined, 3 : 2171

Depositary's, see Depositaries

Estate, against

Claim, how presented, 4 : 1478 Enforcement witiiout filing claim, 4 : 1481 Extent of. 3 : 2194

Extinguished, how, 3 : 2221-2225

Factor's, 3:2314

Forfeiture of property, contract for, void, 3 : 2192 Future interest, on, may be created, 3 : 2183 Future obligation, creation of lien to secure performance of, 3 : 21S-J Garages, lien of owners of, for services, 3 : 2311

General, defined, 3:2173

General or special, liens are, 3 : 2172

Inferior lienor, redemption by, 3 : 2212

Innkeeper's, 3 : 1201

Limitations, lien extinguished by, when, 3 : 2223 Mortgage

Lien of, see Mortgages

Subject to law of lien, 3 : 2176

Ofl3cer levying attachment or execution, of. 3:2316

Order of payment out of estate, 4 : 1591, 1592 Order of resort to different things, 3 : 2202 Part performance does not extinguish, 3 : 2224

Personal obligation to perform not implied on creation of, 3 : 21.93 Personal property, lien on for services or safe-keeping, 3:2311-2313

Pledge

In general, see Pledge

Lienor may pledge, 3 : 2285

Subject to law of lien, 3 : 2176

Possession, lien dependent on, 3 : 2311

Prior, right of holder of special lien paying. 3 : 2175

Priority, according to time of their creation, 3 : 2201 Property not in existence, may be created on, 3 : 2183 Redemption

Contract in restraint of, void, 3: 2192

In general, 3 : 2211-2213

Hepairs, for, 3 : 2311

Restoration of property to owner extinguishes lien, when, 3 : 2225 Right of redemption of property subject to, 3 : 2211

SaleExtinguishes lien, 3: 2222 To enforce lien, 3 : 2313

Services upon or safe-keeping of personalty, 3 : 2311-2313

Special

Defined, 3 : 2174 Mortgage lien is, 3 : 2233 Right of holder who pays prior lien, 3 : 2175

Storage, for, 3: 1136 Subrogation of person redeeming property subject to, 3: 2211, 2212 Time when lien arises, 3 : 2182

Title not transferred by, 3 : 2191

Life Estates Inventory by legatee for life, 3 : 617

Life Insurance

See Insuiunce

1151
INDEX

Limitation of Actions

Absence, efl'ect on running of statute, 4: 102; 6: 64 Account, mutual, open and current, 4: 84. 89 Account stated. 4: 84 Acknowledgment must be in writintr. 4 : 110 Administrators or executors, actions by and against, 4: 104

Aliens. elYect of war, 4: 105 Assault and battery, 4: 87

C'lieck, pa.\ ment of forged or raised. 4 : 87 Contest of probate or will, 4: 1251. 1257 Contract

In writing, 4 : 84 Not in writing, 4 : 86 Criminal actions Absence of defendant from Canal Zone, effect, 6 : 64

Felonies, prosecution for, 6: 61, 62 Misdemeanors, for, 6: 63 Death

Bv wrongful act, actions for. 4: 87. 181

Effect of death of party, 4: 104, 106

Deposits in bank or trust company, 4:90

Disabilities Absence from Canal Zone, 4 : 102 ; 6 : 64

Alfecting operation of statute, in general. 4: 103. 105. 1816. 1817

Effect of two or more disabilities. 4 : 109

Injunction or statutory proliiliitioji. 4: 107 Must exist when action accrues, 4 : 108 Vacancy in administration, 4 : 1482

Divorce, for. 3: 91, 104-106

Escape, 4: 87

Estates of decedents Action against, on re.iected claim. 4 : 1479 Barred claim cannot be allowed, 4: 1480

Effect of vacancy in administration, 4: 1482

Statute does not affect allowed claim. 4: 1480

Execution, time to issue, 4: 581. 586

Existing causes of action not affected by. 4: 112 False imprisonment, 4: 87 Five-year limitations, 4 : 83 Foreign corjiorations, loss of benefit of limitation laws. 3: 227 Foreign statutes of, bar of, 4 : 111 Four-year limitations, 4 : 84. 88 Fraud or mistake, action for relief on ground of, 4 : 85 Guardians

Bonds of, actions on. 4: 1816 Recovery of property sold at guardian's sale. 4: 1817

In general. 4 : 81 Iniunction staying commencement of action. 4: 107 Judgments. 4: 83 Lien extinguislied by. when. 3 : 2223

Marsiial, coroner or ccnsJable. against. 4: 86. 87 Mesne profits of realty, 4 : 83

Negligence, injury l)ecause of, 4: 87 New promise must be in writing. 4: 110

Nuisani-e, time does not legalize, 3: 2811 Obligations in writing. 4: 84 One-year limitations, 4: 87

IV^nnlty or forfeiture, for, 4: 87 Personal injuries, 4 : 87 IMeading the statute, how done. 4: 257 Railroad employee, for injury to, p. 990, sec. 56

Relief not ollierwisi' i)rovided for, 4: 88 Reversal on aiJiieal. time for new action, 4: 1<»0 Revival of debt, 4: 110

Seduction, 4 : 87 Slander and libel, 4: 87 1152
mDEX

Limitation of Actions—c'ontinued

yi)e('ial prottHMliiigs included under action, 4: 113

Statute, liability created by, 4: 85

Takiiijr. detaining, or injuring personality, 4: 85 Three year limitations, 4 : 85 Trespass ui)on or injury to realty, 4 : 85 Two year limitations, 4: 80

I'ndcrtalcing in criminal action, on, 4: 87 rnwrilfcn oliligation, on, 4: 80 Wlien a^'tion is commenced, 4: 101

Will and jiiobate contests, 4: 1251, 1257 Written obligation or liability, 4: 84 Wrongful death, for, 4: 87, 131 Liquidated Damages

iS'or bar to specific performance, 3 : 2704

Validity of contract fixing damages in advance, 3: 933, 934 Liquors

See AntTi/rERATioN ; Intoxicating Liquors

Literary Property

Assignable, is, 3: 383

Joint production, bow owned, 3: 382

Letters, ownership of, and right to publisii, 3 : 386 Ownership of. 3 : 252, 381 Publication of, effect of, 3 : 384 Subsequent author of same thing, rights of, 3 : 386 Loans

See CiiATTET. Mortgages: Deposit; Hiring: Mortgages

Care required of borrower, 3 : 1232-1235

Defects. lender liable for injuries from, 3: 1240

Defined. 3 : 1231 Exchange, for, 3: 12,51-1253

Expenses, to be borne by whom, 3 : 1239, 1253 For use, 3 : 1231-1243

' Hiring, 3: 1271-1285; see Hiking

Injuries, when borrower to repair, 3 : 1236 Money, of Defined, 3: 1261 Evidence of usury, 3: 1269

Interest, 3: 1263-1269 Presumed to be on interest, 3 : 1263 Kate of interest allowable, 3 : 1266 Recovery of usurious interest paid, 3 : 1268 To be repaid in current money, 3 : 1262 Usurious contracts, principal only, recoverable, 3 : 1267 Purposes for which thing borrowed may be used, 3 : 1237

R.^loaning forbidden, 3

:" 1238

Repairs, borrower to make, when, 3: 1236 Return Demand necessary when, 3 : 1242 Lender may require at any time, 3 : 1241 Place of, 3: 1243

Skill required of borrower, 3: 1235

Title of property loaned does not pass, 3 : 1232 Locks

See Panama Canal

Locomotives

Mismanagement causing boiler explosion, punishment. 5: 521, 523 Omission by engineer to give warning at crossing, punishment. 5 : 525 Lodging-House Keepers

See Innkeepers

Loitering

About buildings or dwellings, punishment, 5 : 603 Lost Documents

Admissibility of abstract of title where records lost, 4 : 1873

Papers, how supplied, 4: 951

'

1153
INDEX

Lost Documents—Coutinued

Proof of lost writing, maimer of, 4: 1S72, 1969

Iteestablishment and reexeciition, 3 : 2734 Summons, issuance of alias, 4: 164

Wills, probate of, 4: 1261-1264 Lost Property

See Finders

Abandoned property is not, 3: 1219 Compensation of finder, 3: 1212, 1214 Larceny of, what constitutes. 5:780

Notification of owner, 3 : 1212

Obligations of finder in general, 3 : 1211

Restitution Duty of finder, 3 : 1212 Requiring proof of ownership before, 3 : 1213 Reward of finder, 3 : 1212, 1214

Sale of Manner of, 3: 1217 When authorized, 3: 1216

Storage of thing found, 3 : 1215 Unknown owner, filing affidavit with magistrate, 3 : 1212 Vests in finder when, 3: 1218

t^otteries Causing tickets or advertisements to be brought in, punishment, 5 : 47<i Definition of lottery and lottery ticket, 5: 471 Establishment or promotion, punishment, 5 : 473

Evidence, what sufficient, 6: 382 Importation or interstate carriage of tickets, p. 932, sec. 387 Insurance of, not authorized, 3 : 1862 Mailing lottery circulars, punishment, p. 922, sec. 336

I'ennits for raffles or gift enterprises for charity, 5 : 477

Postal service employee acting as lottery agent, p. 922, sec. 337 Proof of violations, 6: 382 Publishing account of, punishment, 5 : 475

Selling tickets or being concerned in, punishment, 5 : 474 Unlawful, 5: 472 Lunatics

See Insane Persons

Magistrates

See Judges ; Magistrates' Courts

Acknowledgments, may take, 3 : 491, 512 ; 4 : 33

Affidavits, may take, 4: 33, 2074 Appointment, 7 : 4 Arrested person Delay in taking before magistrate, a misdemeanor, 5 : 174 Duty to take before magistrate, 0: 97-99

Assault in presence of, 6 : 50 Authority of one to act for other, 6 : 115

Bail, see Bail

I'onds of, rules authorized governing, 7 : fi Compensation of, 7 : 4 Conditional examination of witnesses by, in absence or inability of db

trict judge, 6 : 684

(^ontempt, power to punish for, in general, 4 : 32 ; see Contempt

Criminal docket Depositing with successor, 6: 114 Keeping of, 6 : 113 Depositing dockets and papers with successor, 4: 834; 6: 114

Depositions, may take, 4 : 33, 2101

Disal)ility or absence of, attendance of other magistrate, 4: 844

Disqualification

Change of place of trial, 4 : &S2 ; 6 : 291 Grounds for, in general, 4 : 28 Duties of, rules authorized governing, 7 : 6 Fees for various services of, 4 : 988

1154
mDEX

Magistrates—Continued . . . i r. r^o

Habeas corpus, may grant in u'Dsence ot district judge, b: (-4

Oaths and allirmations, may administer, 4 : 23, 31. 2171 ; 6 : 111

Offenses in presence of, oral order for arrest, 6: 86 One magistrate may act for otlier, 6: 115 Partner practicing law, not to have, 4: 29

I'owers of . i i ^ or Adoption of process and procedure wliere none provided, 4: do

In cuiiduct of proceedings generally, 4 : 31 ; 6 : 111

I'reliniinary hearings

In general, see Prfximinaky Hearing

Jurisdiction to hold, 6: 141; 7: 2 Publicity of proceedings, 6 : 112

^ ^oo Purchase of, or interest in, judgment, punishment, 5: 128

Security to keep peace, proceedings to require, 6 : 41-53 ; see Peace

Subpenas, issuance of, 4 : 841, 2042 ; 6 : 652, 653 ; see Subpenas

Term of otfice, 7 : 4

Trial of actions by, see Magistrates' Courts

Warrant of arrest, issuance and requisites, 6: 71-(6; see Warrant of Arrest

Magistrates' Courts

See Courts; Magistrates

Account, action on, 4: 786

Actions

Commenced by filing complaint, 4: 691 Where must be commenced, 4: 681 Amendment of pleadings

Adjournment on, 4 : 720, 772 Answer or demurrer to amended pleading, 4 : 721 Forcible entry and detainer, in, 4: 1153

In general, 4: 720 vrhen demurrer sustained, 4: 719 Answer

May contain what, 4: 715 Time for appearance of defendant, 4 : 697 Appeal from

In general, 4 : 881-891 ; see Appeal

Manner of taking, 4 : 881

Notice of appeal, 4 : 881 Prepayment of fee, 4 : 889 Statement of case and settlement thereof, 4: 882 Stay of execution on, 4 : 885, 887 Time for appeal, 4: 881 Transmission of fee to clerk, 4 : 889 Transmission of papers, 4 : 884 Undertaking on appeal

Deposit in lieu of undertaking, 4: 885 Exception to and justification of sureties, 4 : 886

Requisites of, 4: 885 Time to file, 4: 886 Appearance

Failure of, trial may proceed, 4: 785 Hour for, 4 : 702 In person or by attorney, 4 : 694 Time for, 4 : 697 Waiver of summons by appearing and pleading, 4: 693 Arrest of defendant

Affidavit for, 4: 732

Certificate of, 4: 734

Custody, 4 : 735 Discharge in case of continuance, 4 : 774

Forcible entry and detainer, in, 4 : 1149 Grounds for, 4: 731

Officer must notify plaintiff, 4 : 734 1155
INDEX

Magistrates' Courts—Continued

Arrest of defendant—Continued

Taking defendant before magistrate, 4: 733 Undertaking for, 4: 732 Undertaking on postponement at defendant's request, 4 : 774 Attachment

Affidavit for, 4 : 741 Form and contents, 4 : 743 Issuance of, 4 : 741 Undertaking of defendant, 4 : 743 Undertaking of plaintiff, 4 : 742 What general provisions api)Iicable, 4 : 744 What to require, 4 : 743

Bill of particulars in, 4 : 786 Change of place of trial, 4: 682, 68:^ Claim and delivery, procedure, 4: 751 Complaint

Action commenced by filing, 4 : 691 Date of filing, indorsement of, 4: 692

Forcible entry and detainer, in, 4 : 1147

Requisites of, 4 : 713 Compromise, offer of before trial, 4: 797 Confession of judgment, 4 : 791, 1104

Constables, see Constables

Contempt

Power to punish for, 4: 32 What sections govern, 4: 821 Continuance

Costs as condition of, 4: 1008 In general, 4 : 772-775

Forcible entry and detainer, in, 4 : 1153

CostsAmendment of pleadings, on, 4 : 720 Compromise, effect of offer of, before trial, 4 : 797 Confession of judgment, on, 4 : 1104 Continuance, as a condition of, 4 : 1008 Deposit or security may be required for, 4 : 845 Dismissal of action, on, 4 : 1009

Disposition of, rules authorized, 7 : 6 Each party responsible for own, 4: 1001 Forma pauperis, proceedings in, 4 : 1001, 1002 Included in judgment, 4: 798 Magistrate to tax, 4: 798, 1006

Prevailing party, ordinarily allowed to, 4 : 1003

Relief from judgment, on, 4: 720

Security for Bond to authorize what, 4 : 1023 By intervener or counterclaimant, 4 : 1025 Magistrate may require, 4 : 845 New undertaking, 4 : 1022 Not required of Government, 4 : 1024 Not required when, 4 : 102G Requirement of, 4: 1021 Requisites of, 4 : 1022, 1023 Taxing of, 4 : 798, 1006 What costs recoverable, 4 : ltM)7 Counterclaim

Answer may contain, 4 : 715 Omission to set up, fatal, 4: 716 Criminal actions or proceedings in. see separate subhead, infra Cross-complaint in, rendering affirmative relief on, 4: 718 Demurrer

Answer, to, 4: 717 Complaint, to, 4 : 714 Proceedings where sustained or overruled, 4 : 719 1156
INDEX

Magistrates' Courts—ContinnoU

Deposit instend of uiidor.akinu, 4: S4(i D-ixsitioiis. soc Depositions

Dismissal, actions may he dismissed wiitMi, 4 : 702, T'.Ki Docket

Delivery to successor, 4 : 834

ICiitvies prima facie evidence, 4 : 702, S32

p]ntries where one magistrate sits for another, 4:844

Eniry of dates of trial and mailing of notice, 4: 702 Index to, 4: S3o Making of entries, 4 : 832 What to contain. 4: 831 EmployeetJ of, appointment, term, and comi)eusatiou, 7: 4 Establishment of, 7 : 1 Execution

Bhinks. to be issued without, 4: 842 Contents of, 4 : 813 Duty of constable receiving, 4: 815

Forcible entry and detainer, in, 4 : 1145, 1154

In general, 4 : 811-S16

Issuance In other subdivision, 4: 816 Issuance to any part of subdivision, 4 : 841 May issue within live years, 4 : 811 Proceedings sui)plenientary to executi(»n, 4 : 816 Renewal of, 4 : 814 Stay of, 4 : 812, 885, 887 Exhibiting original ins.rument and delivering copy to adverse partv,

4 : 786 Fees

Api)eal, on, 4 : 889, 988

Constable, of, for service of process, 4 : 986, 987 Docket fee, 4 : 982 For various services of magistrate, 4 : 988 Forma pauperis, proceedings in, 4 : 1001, 1002 Prepayment of, 4 : 1001 Upon intervention. 4 : 982

Witnes^ses, of, 4 : 989

Forcible entry and detainer

Jurisdiction in actions involving, 7 : 2 Procedure in, 4: 1141-1158; see Foi!CIble Entry and Unlawftji.

Detainer

Genuineness of instrument sued on, admitted when, 4 : 787 Guardian ad litem, appointment of, 4 : 695 Guardian may appear for infant or incompelent, 4: G95 Hearing, notice of, 4 : 702

Issues

Classified and defined, 4 : 781

Fact, of. how raised, 4 : 783 How tried, 4: 7S4 Law, of, how raised. 4: 782 Judgment

Abstract of, 4: 799

Confession of, 4 : 791, 1104

Default, by

Forcible entry and detainer, in, 4 : 1150 In general. 4: 761, 762

Relief from, 4: 720

Dismissal, of, may be entered in what cases, 4: 792, 793 Entry of. 4 : 794, 795

Filing abstract in other subdivision, 4: 816

Foi-m of, 4 : 795 Mistakes in, magistrate may correct, 4:800

Notice of rendition, 4: 795 Purchase of, by judicial officers, punishment, 5: 128 Remitting amount in excess of jurisdiction, 4 : 796

Void, setting aside, 4 : 800

1157
I2JDEX

Magistrates' Courts-—Continued

Jurisdiction Actions involving forcible entry and detainer, 7 : 2 Coextensive witli suljdivision, 7 : '1 In civil actions generally, 7 : 2 When amount found due exceeds, excess remitted, 4 : 796

Magistrates, see Magistrates

Moneys collected, must receive and pay same to parties, 4 : 84.'{ Notice of trial, 4: 702 Papers to be delivered to successor, 4 : 834

Parties

Forcible entry and detainer, in, 4 : 1145, 1146

In general, see Parties

May appear in person or by attorney, 4 : 694

Place of holdini; court, rules authorized, governing, 7 : 6 Place of trial, 4: GS1-6S3 Pleading

Form of pleadings, 4 : 711 What pleadings are allowed, 4 : 711 Written instrument, genuineness admitted when, 4 : 787 Procedure

Adoption where none provided, 4 : 35 What civil procedure provisions are applicable, 4 : S47 Proceedings supplementary to execution, 4 : 816

Process Adoption of suitable process where none provided, 4 : 35 May issue to any part of subdivision, 4 : 841 To be issued without blanks, 4 : 842 Rules governing, authorized, 7 : 6 Subpenas

Issuance of, in general, 4 : 2042 ; see Subpenas

Issuance to any part of subdivision, 4 : 841 Summons

Alias, 4: 698, 699

Forcible entry and detainer, in, 4 : 1148 How served, 4 : 701 Issuance and contents, 4 : 696

INIay be waived how, 4 : 693 Must issue within year, 4 : 692

Security for costs before issuing, 4: 845

Service by publication, 4 : 701

Service outside of subdivision, 4 : 700, 701

Specification of time for appearance, 4 : 697 To be issued without blanks, 4 : 842 Wiio may serve, 4: 701 Time of holding court, rules authorized governing, 7: 6

TrialDismissal for failure to bring on, 4 : 793 Fixing day for, 4 : 702 May proceed wdien party fails to appear, 4 : 785

Notice of, 4 : 702 Postponement of, 4 : 772-775 Time of commencement, 4 : 771 Undertaking, deposit in lieu of, 4 : 846 What provisions of code civil procedure are applicable to, 4 : 847 Who may conduct litigation, 4 : 46 Witnesses

Fees of, 4:989

In general, see Witnesses

Written instruments, action on, 4 : 786 CRIMINAL actions OR PROCEEDINGS IN Appeal from

In general, 6 : 131-135 ; see Appeal

Manner of taking, 6 : 132 Transmitting warrant and complaint to district court, 6:133

1158
Magistrates' Courts—Continued

Bail, see Bail

Chan.w (if venue, G : 291-2!)8 ; see Place of Tkial

Contempt, see Contempt

Criminal docket, keeping of, G : 113 Fines

Application of cash deposit to payment of, G : 604

Disposition of, rules authorized governing, 7 : G Imposition and also placing defendant on probation, G : 500 Imprisonment for nonpayment, G : 127

Forfeitures, rules authorized governing disposition of, 7 : G General powers of magistrates, G:lll

Judgment

Fine, of, imprisonment for nonpayment, G : 127 Rendition of, 6 : 126

Jurisdiction in criminal actions, 7 : 2 One magisti'ate may act for other, 6 : 115

Probation

Placing defendant on, G : 500 Revocation or modification of conditions of, G : 500

Publicity of proceedings, 6 : 112 Punishment

Detei*mination of where undetennined between limits, G : 483 Duty to determine and impose, G : 482 Remanding cause to, after commitment to district court, G : 177 Removal of action before trial, 6:291-298; see Place of Trial

Subpenas, issuance of, 6 : 122, 123, G52, 653 ; see Subpenas

Suspension of sentence, placing defendant on probation, 6 : 500

TrialBail for appearance for, 6 : 546, 561-564 ; see Bail

Postponement of, 6 : 121 Proceedings on plea of guilty, 6: 125 Proceedings on plea of not guilty, G: 126 Reading complaint to defendant, plea, 6: 124 Sunmioning witnesses for defense, 6 : 122, 652, 653 Summoning witnesses for prosecution, 6: 123, 652 Venue of offenses, G : 13 Witnesses

Examination of, 6 : 126 Summoning, 6: 122, 123, 652, 653 Mail

See Letters ; Postal Service

Presumption that letter mailed was received in course of mail, 4 : 2007 Maintenance

See Divorce ; Parent and Child

Action for, by wife without divorce, 3 : 116 Majority

Adults, who are, 3: 23

Cxuardianship terminated by attainment of ward to, 3: 213, 214, 21(5: 4: 1733 Parental authority terminated by attainment to, 3: 174 Malice

See Libel ; Slander

Homicide, in, 5: 252 Meaning of, in criminal code, 5 : 5 Presumption of from unlawful act, 4: 2006

Malicious Mischief

Animals, poisoning, 5': 809 Boundary or cable markers, injury to, 5: 832 Boundary or survey monuments, injury to, 5: 833 Bridges

Burning of, 5: 823

Injury or destruction, 5: 822, 826 Burning property not subject of arson, 5: 803

Explosives, malicious use of, 5: 806

1159
INDEA

Malicious Mischief—Continued

Fire protection apparatus, injuring or tampering with, 5:836

Gas pipes, breaking or injuring, 5 : S35 Highways, injuries to guideposts, 5 : 825

Letters, opening, reading, or publisliing, 5 : 808 Monuments or works of art, injury to, 5 : 834

Notices or pro<.'lanuitians, deiacing posted copies, 5 : 842

I'roperty generally, malicious injury to, 5 : 801

liaih'oads or railroad bridges, to, 5: 826 Real property, malicious injury to, 5 : 802

Signal lights, to. 5: 839 Telegraph or telephone lines, injury to, 5: 831 Trees or plants, injuries to, 5 : 834 Water, injury to structures erected to conduct or store, 5 : 838 Water pipes, breaking or injury, 5 : 835 Water systems, injury to, 5 : 836 Written instruments, injuring or destroying, 5 : 807 Malicious Prosecution

Conspiracy to charge another falsely, 5 : 81 Malpractice

By intoxicated physician, 5: 372 Mandamus

Alternative, must lirst issue, if no notice, 4: 1055

Alternative or peremptoi'y, may be. 4 : 1054, 1055 An.swer to petition, 4 : 1056 Damages, recovery of, 4 : 1059

Default, writ not granted by, 4 : 1055 Denominated writ of mandate. 4: 1051

Evidence, countervailing answer by, 4 : 1057 Fine for disobedience to writ. 4 : 1061 Hearing, 4: 10.55. 1057-1059, 1081 Imprisonment for disobedience of writ. 4: 1001

In what cases may issue, 4 : 10.52, 10.53 Judgment for applicant, relief given, 4: 1059

Notice, 4 : 1055 Peremptory

Awarded on judgment for applicant. 4 : 10.59 May first issue if notice given, 4: 1055

Requisites of, 4 : 1054

Petition Service of copy of, 4 : 1055

Verified, wi-it issues on, 4: 1053

Practice, sections which apply to. 4 : 1074, 1091 Return of Answer of adverse party. 4 : 1056 Time for, 4 : 1081

Service of writ, manner of. 4 : 1060

Trial, 4:10.5.5, 10.57-1059. lOSl When may issue. 4:1052, 10.53 Manslaughter

See Homicide

Mark

Signature by, 3:12; 4:8: 5:5

Marriage

See Divorce; Husband and Wtfk ; Makkied WoirEN

Abduction of woman to compel, punishment, 5:405

Action to test validity, 3 : 67

Affinity, meaning of. 4:8

Agreement upon consideration of. to be written. 3:SS6: 4:2017

Annulment of Actions for. 3 : 55, 56 Custody and maintenance of children. 3:58 . Effect of judgment, 3: 59 . .- Jurisdiction of district coui't; oyer. actions for, .7:. 2"

iieo
INDEX

Marriage—Continued

Annulment of—Continued

Leiiitiniacy of childn'n not alTeeted, o : 57, ii'M Marriage celebrated elsewhere, 3 : 55

liiganiy, .s«e Bigamy

Breach of promise

Damages for, 3 : 2658

Private sittings, 4 : 22

Celebration of Duties of minister or magistrate, 3 : G3 Presence of parties, 8 : 53

Violation of i)ro\"isions respecting, .'J: (34 AV'ho may celebrate, 3 : 62

Certificate of Execution, 3 : 63

Issuance, 3 : 61 Compelling woman to marry, punishment, 5:405

Conditions restraining, effect of, 3 : 304

Contract in restraint of, otjer than infant, void, 3:937

Declaration of Acknowledging and recording, 3:66

Action to compel, 3 : 67 Where there is no record, 3 : 65 Declarations of decedent relating to, 4 : 1888

Dissolved how, generally, 3 : 111

Divorce, see Divokce

False personation, under, punishment, 5 : 692

Foreign, valid if valid where performed, 3 : 68

(juardiansliip, effect on of marriage of ward, 3:213, 214; 4:1726, 1733, 1813

Incestuous

Definition and punishment, 5:414

Invalidity of, 3:53

Legitimacy of children, see Legitimacy

License, application for and issuance of, 3:61

License to celebrate marriages, 3 : 62 Marriage settlements, see Husband and VVifk ; Makkiage Settlements

Elinors Capability of contracting, 3 : 60 Consent of parents, 3 : 60

Effect on minority of female, 3 : 21 Ends parental authority, 3 : 174 Presumption of, from cohabitation, 4 : 2007 Proof

Mode of, 3:52

On trial for bigamy, 6:377

Punishment for violating provisions respecting, 3 : 64

llecording of marriages and marriage licenses, 3 : 61-63

Seduction under promise of, punishment, 5:407, 408

Settlements, see Husband and Wife; INIakriage Settlements

Solemnization, necessary, 3:51

Spouse of another, willfully marrying, punishment, 5:413

Validity of Foreign marriages, 3 : 68

Void, what marriages are, 3 : 53

Voidable, what marriages are, 3 : 54 When contra<:ted out of Canal Zone, 3 : 68 What constitutes, 3:51

Will, effect of marriage and birth of issue on, 3 : 544-547

"\^itnesses to. sigTiing of license, 3:63

Marriage Settlements

Execution, 3 : 154 Minors may make, 3 : 155

"

. Stipulations concerning property rights, 3 : 153-

93083—34 74 ]iei
INDEX

Married Women

See Husband and AVife ; Makkiage

('rime committed by, under duress, 5 : 57

Parties to actions, joinder of tiusband, 4 : 125, 12G Property riglits, see Hushand and Wife

Support of, under guardiansliip as incompetent, 4 : 1774 Torts of, liability for, 3: 14S

Wills of Effect of marriage on, 3 : 546, 547 Half of community property subject to testamentary disposition, 3: 648, 649 Separate estate, right to dispose of by will, 3: 523 Marshal

See Aerest ; Assignments for Creditors; Attachment; Bail; Execution;

Officers ; Peace Officers

Appointment of, 7 : 42 Assignee for creditors Assignments made to marshal, 3 : 2772 Bond as, 3: 2787 Duties as, 3: 2773 Fees and expenses as, 3 : 2774 Compensation of, 7 : 40 Deed under court process as evidence of transfer, 4 : 1952 Deputy mai'slials, authorization and compensation, 7 : 40 Establishment of office of, 7 : 40 Execution sale, see Execution

FeesAs assignee for creditors, 3 : 2774 Various services, including service of process, for, 4 : 986, 987 Leave of absence, 7 : 42 Peace officer, is, 6: 84 Powers and duties, in general, 7 : 41

liesidence during term, 7 : 42

Service Process generally, of, see Process ; Servtce Summons, of, see Summons

Term of office, 7 : 42 Marshaling Assets When may be required, 3 : 2755 Master and Servant

See Hours of Labor ; Railroads

Assumption of risk Affecting liability of railroad, p. 989, sec. 54

In general, 3 : 1312 Canal and Railroad employees, provisions inapplicable to, 3 : 1291 Compensation

Dismissal, in case of. 3: 1347 Employee leaving, of, 3 : 1348 Master only lip.ble for services properly rendered, 3 : 1334 Presumption as to, 3 : 1353

Confidential relations, trust arises from, 3: 1505 Continuance of service after death or incapacity of employer, 3 : 1343

Contrilnitory negligence

Affecting liability of railroad, p. 989, sec. 53

Application of rules between, 3 : 1312

Deatli of joint employee, duties of survivor, 3 : 1335 Dutv of employee

Account, to, 3: 1.331 Delivery of things received for employer. 3 : 1332, 1355 Giving preference to employer's business, 3 : 1333

In general, 3: 1324, 1325 Obeying orders, as to, 3: 1326

Skill, to use, 3: 132S, 1329

Usage, to conform to, 3: 1327

1162
INDEX

Master and Servant—Continued

Embezzlement, servant, when guilty of, 5: CG6 Employment, contract of, delijied, ;i : 1801 Fellow servant, master's liability for. 8: 1312 Gratuitous employees, obligations of, 3: 1821-1323

Indemnification of employee, 3: 1311, 1312 Injury

Railroad employee, to, liability for, p. 989, sees. 52-59

Servant, to, master's liability, 3: 1311-1313

Negligence

Employee's liability for, to employer, 3: 1334 Employer's liability for, 3: 1311-1313

Ivailroad, of, liability to injured employee, p. 989, sees. 52-59

Obligations of employer, 3: 1311-1313

Protection of master or servant against wrongful injury, force may be

used, 3 : 48 Renewal of hiring, presumption as to, 3 : 1354 Servant defined, 3: 1351

Service without employment, 3: 1381 Term of hiring, presumption as to, 3 : 1352, 1353 Termination of employment

Discharge of servant, grounds for, 3 : 1345, 1356 For specified term, 3 : 1345, 1346 What works a termination, 3: 1341, 1342 Without specified term, 3: 1344 Things acquired by employee belong to employer, 3: 1330 Maxims

Jurisprudence, of, 3: 2831-2865 Mayhem

Assault to commit, punishment, 5 : 311

Defined, 5:271

^Murder in perpetration of, degree, 5 : 253 Punishment of, 5 : 271 Measures

See AVeights and Measubes

Medicines

See Drugs; Poisons

Meetings

Disturbance of religious or other meetings, 5 : 593 Memorandum

See Statute of Frauds

Menace

See Duress ; Threats

Consists in what, 3 : 826 Messages

See Carriers of Messages; Telegraphs; Telephones

Military Law

Authority to inflict punishment not affected by Criminal Code, 5 : 11 Ministers

Licenses to celebrate marriages, 3 : 62

Privileged communications to, 4 : 1904 Minors

See Infants

Minute Books

Recording court proceedings in, 4 : 958 Miscarriage

See Abortion

Mischief

See Malicious Mischief

Misdemeanor

Act for which no penalty is prescribed, 5 : 31 Arraignment, necessity of, 6 : 221 Counseling or aiding in, 5 : 52, 55 Crimes divided into felonies and misdemeanors, 5 : 23

1163
INDEX

jNIisdemeanor—Continued

Defined. 5 : 24

Limitation of time for prosecution, 6:63

Punishment of, wliere not otlierwise prescribed, 5 : 2(5 Misrepresentations

See Fkat'd Missing Persons

Accounting by trustee of estate of, 4 : 1833 Allowance to family out of estate, 4: 1833 Appointment of trustee, 4 : 1831 Bond of trustee, 4 : 1832

Petition f(U- trustee, 4 : 1831 Powers and duties of trustee, 4 : 1833 Mistake

Consent obtained by, 3 : 823, 824

Fact, of As affecting liability for crime, H : HT Mistake may be either of law or fact, 3 : 832 What is, 3 : 833

Failure of contract to express intent because of, intent governs, 3 : !)()(! Foreign laws, mistake of fact, 3 : 835 Law, what is, 3 : 834 Pleading in Amendment correcting, 4 : 275

Innuateriiil unless pi-ejudicial, 6:162, 1S9 Reformation of contract for, 3 : 2711-2713

Rescission for, 3 : 952, 953, 2722 ; see Rescission

Mittimus

Furnishing to officer charged with executing judgment, 6:511

Money

See Counterfeiting ; Deposits in Court

Adverse claim to, action to determine, 4:956

Interest on. see Interest

Issning instrunjents to circulate as, 5:742

Loan of, see Loan

Money Orders

Counterfeiting of, p. 927, sec. 347

Interest on deposit money orders, 2:274

Issuing witiiout receiving money, p. 920. sec. 333 ; Use of interest from funds, 2 : 275 Monopolies

See Restraint of Trade > Clayton act, application of. p. 892, sees. 12-27 Panama Canal closed to violators of antitrust laws, 2: 11 Month

Defined, 3 : 12 ; 4:8; 5:5

Monuments

Boundary, injury to, 5: 832, 833

liijuries to, punishment, 5 : 483, 834 Morals

Conspiracy to injure public morals, 5 : 81 Crimes against good morals, 5 : 391-484

Regulations by President respecting immoral conduct, 5: 391, 392 Mortgages

See Chattel Mortgages ; Liens

Assignment

Debt secured by mortgage, of. carries security. 3:2246

Record of, a« notice. 3 : 2244. 2245

Cliattel mortgages, see Chattel ^Mortgages

Conveyani^e. mortgage not deemed to be, 4 : 667

Decedent, against

Action without filing claim. 4: 1481

Claim, how presented, 4 : 1478 Order of payment, 4: 1591, 1592 Defeasance, right to sliow transfer made subject to, 3 : 2235

1164
INDEX

Mortgages—Coii( inued

Detiued, 8: 2231 Discharge

Execution of certiticjite of discharge, 3: 2248, 2249 Manner of discliarging recorded mortgage, 3 : 2247, 2248 Extends to what, 3: 223B

Foreclosure of, 4: ()41-(i43; see Fokeci.osuue of Mortgagks

Impairment of security by mortgagor, 3 : 2239 Insurance on mortgaged property, 3 : 1874, 1875

Liens

Extend to what, 3: 223(; Mortgages are subject to chapter on liens, 3 : 2170 Married person, by. under false representations, 5: 098

Notice of sale under power contained in, 4 : 592 Personal obligation, is not in absence of express covenant, 3 : 2238 Personal property, of, see Chattel Mortgages

Possession

Is independent of, 3: 2231, 2233 Right of mortgagee to, 3: 2237 Power of attorney to execute, how executed, 3 : 2242 Power of sale may be conferred, 3 : 2241 Record of assignment as notice, 3 : 2244, 2245 Removal of improvements by mortgagor as larceny, 5 : 779

Satisfaction

Certificate of discharge, execution of, 3 : 2248, 2249 Duty of mortgagee on, 3: 2249

Title subsequently acquired inures to mortgagee, 3 : 2240 Transfer

Made subject to defeasance, right to show, 3: 2235 What deemed to be mortgage, 3: 2234 Waste, mortgagor must not commit, 3 : 2239

Will, effect of encumbrance on 3 : 549 Writing

Mortgage must be in, 3: 2232 Power of attorney to execute mortgage must be in, 3: 2242 Mother

See Parent and Child

Motions

>iSee Orders

Affidavits may be used on, 4 : 2071 Arrest of judgment, in, : 401-464 ; see Arrest of Judgment

Defined, 4: 931

Depositions may be taken on, 4: 2083

Information, to set aside, 0: 241-245 New trial, for, see New Trial

Notice of motion

How served, 4: 941, 942 When to be given, 4: 933

W^here to be made, 4 : 932 Motor Vehicles See Highways

Collision, duty of driver in case of, 5: 511 Driving while intoxicated Causing death or bodily injury, punishment, 5: 513

- Punishment in general. 5: 512 Lien on automobiles for services or safe-keeping, 3:2311, 2312 P Purchase for Government establishments, restrictions, p. 873, sec. 78 Regulations respecting licensing, taxing, and operation

Agreements with Panama for reciprocal regulations, 2: 322 Authority of President to make and enforce, 2 : 321 Punishment for violations, 2: 323 Taking for temporary use, punishment, 5; 784 Transportation of automobiles of Government employees, p. 888, sec. 823a (Unauthorized use of automobile by custodian, punishment, 5:785

Violation of duty bv drivers of vehicles in collision, punishment, 5: 511
'I

INDEX

Multiplicity of Actions

Injunction to prevent, 4 : 342 Murder

See Homicide

Mutuality

Of consent, 3: 836 Names

Adopted children, 3 : 192, 193 Change of

Application, 4 : 1192

Jurisdiction, 4 : 1191 Order to show cause and publication thereof, 4 : 1193

Procedure, 4 : 1192, 1193 Defendants in criminal actions Designation in information when unknown, 6 : 1S7 Designation in warrant when unknown, 6 : 76 Directing defendant to declare true name on arraignment, 6 : 230

Insertion of true name in information when discovered, 6 : 190

Divorce, resumption of former name on, 3 : 127 Presumption of identity from identity of name, 4 : 2007 Narcotics

Administering with intent to commit felony, 5 : 313 Harrison antinarcotic act, p. 969, sees. 1040-1391 Import and export act, p. 957, sees. 171-185 National Guard

Application of laws relating to, p. 986, see. 121 Naturalization

Residence in Canal Zone of certain alien declarant.s accepted, p. 891, sec. 389 Nature

See Crime Against Nature

Navigation

See Inspection of Vessexs ; Shipping ; Vessels

Anchorage and movement of vessels in time of national emergency, 2 : 12

p. 1014, sec. 191 Harbors and other waters of Canal Zone, of, regulation, 2 :

Licensing of officers, regulation, 2 :

Light or signal, altering to endanger vessel, 5 : 839

Obstruction of Public nuisance. Is, 5 : 551 Punishment for obstructing navigable streams, 5 : 840 Passage and control of vessels through Canal, regulation, 2 : 9

Pilots and pilotage in Canal and approaches, regulation, 2 :

Navy

Hydrographic office, injury to signals or monuments erected by, 5 : 833 Naval stations, sale or lease of sites by Panama, p. 847, art. 25

Panama Canal appointees or employees in naval service, deduction from

compensation, 2 : 82 Unlawful purchase of naval property, punishment, 5 : 787 Necessaries

Drunkenness, incapacity by as affecting liability, 3 : 982 Husband's liability for. 3 : 150, 151

Infants' contracts for, 3 : 28, 982 Insane person's liability for, 3 : 30, 982

Parent's liability for necessaries furnished child, 3 : 177, 178 Promise of child to pay for those furnished parent, 3 : 176 Wife's separate property, liability of, for, 3 : 147 Negligence I See Injuries ; Master and Servant

Carriers, of, see Cabrieks

Contract exempting one from liability for negligent acts, unlawful. 3 : 932 Contributory

Application of rule as between master and servant, 3 : 1312

Effect of generally, 3:977

Effect on railroad's liability for injury to employee, p. 989, sec. 58

Criminal, as element of crime, 5 : 22 1166

ti
INDEX

Negligence—( 'oiitiiuied Defined, 5: 5

Depositary, of. see Depositaries

Liability for negli.wnt acts in general, 3:977

Loss, ujion whom must fall, where one of two innocent persons must suffer,

?. : 28(5.") Kailroad employee causing death from collision, punishment, 5:524

.Steam boilers, in management of, punislnnent, 5:521-523

WilUul acts, liability for, 3:977

Wrongful death by, see Wrongful Death

Negotiable Instruments

See NONNEGOTIABLE INSTRUMENTS; WRITTEN INSTRUMENTS

Acceptance

Defined, 3 : 2501, 2591

Insertion of date where omitted, 3 : 2333

Liability of acceptor, 3:2403

Presumption as to date of, 3 : 2331 What acceptor admits, 3 : 2403 Accommodation party, liability of, 3 : 2356 Agent

Employed to collect, duties of, 3 : 1363

Negotiating instrument, liability of, 3 : 2410

Signature by, 3 : 2339-2341

Alteration of, 3 : 2486, 2487 Ambiguities in, rules for construction in case of, 3 : 2337

Antedating, effect of on, 3 : 2332 Assignment by corporation or infant, effect of, 3 : 2342 Bank

Instrument drawn or indorsed to cashier, 3 : 2373

IMaking instrument payable at, effect, 3 : 2438

Bearer, payable to when, 3 : 2329

Bills of exchange, see Bills of Exchange

Bills of lading, see Bills of Lading

Blanks in Completing instrument without authority, 3 : 2335 Rights of holder respecting filling of, 3 : 2334

Bonds, see Bonds

Cancelation by mistake or without authority, effect of, 3 : 2485

Certain, when sum payable is, 3 : 2322

Checks, see Checks

Consideration

Absence or failure of, as a defense, 3 : 2355 Presumption as to, 3 : 2351 ; 4 : 2007 Wliat constitutes, 3:2352

Construction of, rules for, 3 : 2337 Date

Antedating or postdating, effect of, 3 : 2332

Insertion of date of issuance or acceptance, 3 : 2333 Presumption as to date of drawing, acceptance, or indorsement, 3: 2331

Defenses, holder not in due course takes subject to, 3 : 2398

Definitions, 3 : 2591 Delivery

In general, 3:2336

Cleaning of, 3 : 2591

Negotiation by, warranty under, 3 : 2406 Demand, when payable on, 3 : 2327

Destruction by fire, reestablishment and reexecution of, action lies for, 3 : 2734 Discharge of

Alteration, by, 3 : 2486, 2487

Cancelation by mistake or without authority, effect of, 3 : 2485 Payment by party secondarily liable, effect of and rights on, 3 : 2483 Payment in due course to holder, by, 3 : 2391 Person secondarily liable, what acts discharge, 3 : 2482

1167
INDEX

Negotiable Instruments—Continued

Discharge of—Continued

Renunciation by holder, effect of and how made, 3 : 2484 Wliat acts effect discharge, 3:2481

Dishonor

Liability of persons secondarily liable, 3 : 2435 \ Nonpayment dishonors when, 3 : 2434

Notice of, 3:2441-2470

Documents of title, see Bills of Lading ; Sales ; Wakehouskmen ^ Di'awer i Liability of, 3 : 2402 \ Presentment for payment not required to charge, when, 3 : 24::}0 Fictitious, punisluuent for making, possessing, or uttering, 5 : 727 Forged, possessing or receiving, 5 : 726 J Forgery I Instrument, of. punishment, 5 : 721 ? Signature, of, effect, 3 : 2343 ' Form of, 3 : 2321 \ Grace, there are no days of, 3 : 2436 j Holder I Instrument transferred for value without indorsement, rights of, 3 : 2380 May sue in his own name, 3 : 2391 Payment to, discharges instrument, 3 : 2391 Renunciation by. how made and effect, 3 : 2484

Striking out of indorsements l>y, 3: 2379

Title of, when defective, 3 : 2395 Holder for value Holder with lien deemed, 3 : 2354 Who is. 3 : 2353 Holder in due course Absence or failure of consideration not a defense against, 3:2355

Burden of proof where title detective, 3 : 2399

Effect of alter:! tion on. 3:2486

Omission to give notice of dishonor by nonacceptance, 3:2469

Presumption of valid deliverv in favor of, 3 : 2336 Rights of, 3:2397

Rights of where blanks filled. 3 : 2334

Title of negotiator defective when. 3 : 2395 What constitutes notice of infirmity, 3 : 2:^96 Where negotiations uureasonal)ly delayed. 3:2396

Where notice of defect before full amount paid, 3: 2394 Wlio deemed to !)e, 3 : 2392. 2399 Holder not in due course Rights of where he takes from a holder in due course. 3 : 2398 Takes subject to defenses, 3 : 2398

Holiday, last day falling on, computation of time, 3 : 2594 Incomplete instrument, completing and negotiating witliout authority, 3 : 2335 Indorsement f As to residue ^^heI•e part paid. 3: 2363 ; Back to prior party, 3 : 2381 Blank. 3 : 2365. 2306 ; Conditional, effect of. 3 : 2370

Corjioration or infant, by, effect, 3:2342

General, liabilitv under. 3:2407

How made, 3 : 2362. 2374

Joint indorsers, liabilit.v of, 3 : 2409 Kinds of. 3 : 2364

IMeaniiig of, 3 : 2591 Must be of entire paper, 3: 2363 Order in which indorsers liable, 3 : 2409

Place of, presumption as to. 3:2377; 4:2007

Qualified. 3 : 2369, 2406

Representative capacity, in. negativing personal liability, 3:2375

1108
INDEX

Negotiable Instruments—Continned

Inuor.seiiu'iit —( '(HUiiiucd

Ilestriotive. 3 : 28G7. 236S

SiJecial, 3: 2365, 2366, 2871

Strik.njj out indorsements and effect thereof, 3:2379

To two indorsees severally not a negotiation, 3:2363

Transfer lor value without, effect of, 3 : 2380

rnqualified, warrtmt.v l)y, 3:2407

Upon instrument negotiable by delivery, liability under, 3:2408

Where payable to two or more persons not partners, 3 : 2372

Indorser One signing in l)lank before delivery, liable as, 3 : 2405 Order in which indorsers are liable, 3 : 2409 When person deemed, 3 : 2404

Infant, indorsement or assignment by, effect of, 3 : 2342

Issuing to circulate as money, punishment, 5 : 742 Language of, what sufhcient, 3 : 2380

Lav,' governing cases not within negotiable instruments law, 3 : 2595

Letters of credit, see Letters of Credit

Liability, primary and secondary, 3 : 2592 Maker, liability of, 3:2401

Negotiability

Continues how long, 3 : 237S Instrument payable upon contingency not negotiable, 3:2324 Not affected by what omissions, 3: 2326

I'rovisions, what <lo and what do not affect, 3 : 2325

Negotiation

Back to pri^n- party, rights of prior party, 3 : 2381 By delivery, warranty under, 3:2406

By qualified indorsement, v.arranty under, 3 : 2406 By unqualified indorsement, warranty under, 3 : 2407 Deemed made before instrument overdue, 3 : 2376 Instrument drawn or indorsed to person as cashier, 3 : 2373 Instrument payable to bearer that is specially indorsed, 3 : 2371 ' Instiiiment specially indorsed, how negotiatetl, 3 : 2365 Manner of, 3 : 2361

Rights of indorsee under conditional, qualified, or restrictive indorse- ment, 3 : 2368-2370 What constitutes, 3 : 2361 Without indorsement, l)y agent or broker, 3 : 2410

Nonnegotiable, what instruments are, 3:2325

Notice of dishonor, 3 : 2441-2470 Omissions in Rules for construction of, 3 : 2337 What do not affect negotiability, 3 : 2326 Order

To whose order may be payable, 3 : 2328 When payable to, 3:2328

Overdue, when payable on demand, 3 : 2327 Payable At determinable future time, when, 8 : 2324 On demand, when, 3 : 2327 To bearer, when, 3 : 2329 To order, when, 3 : 2328 Payment

Ability and willingness to pay, when equivalent to tender, 3:2421

By party secondarily liable, effect of and rights on, 3:2488

Delivery up nf instrument on, 3:2425

Dishoiujre(l by nonjiayment, instrument is when, 3 : 2434 Making instrument payable at lumk equivalent to order to pay, 3:2438

Recourse to persons secondarily liable in case of noupavmen't, 3 : 2435 Time for, 3 : 2324, 2436, 2437 To holder discharges instrument, 3 : 2391 When made in due course, 3 : 2439

Postdating, effect of on, 3 : 2332

1169
INDEX

Negotiable Instruments—Continued Presentment for payment

Provisions generally, 3 : 2421-2439 Waiver of protest is a waiver of, 3 : 24G3 Primary and secondary liability on, 3 : 2592 Promise to pay is unconditional, when, 3 : 2323 Promissory notes, see Promissory Notes

Protest May be given for nonacceptance or nonpayment, 3 : 2470 Not required except in case of foreign bills, 3 : 2470 Waiver of, waives presentment and notice of dishonor, 3 : 24«)3 Reasonable time, how determined, 3 : 2593

Requisites of, in general, 3 : 2321

Retroactive, negotiable instruments law is not, 3 : 2595 Signature

By agent, rules as to, 3 : 2339, 2340 By forgery or without authority, 3 : 2343 By procuration, effect of, 3 : 2341

In blank before delivery, liability under, 3 : 2405

In trade or assumed name, 3 : 2338

Lialiility where signature does not appear, 3 : 2338 Presumption of consideration for, 3 : 2351 ; 4 : 2007 Sum certain, when sum payable is, 3:2322

Sunday, last day falling on, computation of time. 3 : 2594 Transfer for value without Indorsement, effect of, 3 : 2380

Unconditional, promise to pay, when is, 3 : 2323

Validity, what facts do not affect, 3 : 2326 Value

Omission of statement of, effect, 3 : 2326 What constitutes, 3 : 2352 Warehouse receipts, see Warehousemen

Warranty

On negotiation by delivery or qualified indorsement, 3:2406

On unqualified indorsement, 3 : 2407 Neutrality

Canal, of, treaty stipulations respecting, p, 838, art. 3 ; p. 845, art. IS

Offenses against, p. 900. sees. 21-39

Protocol of agreement with Panama relating to, p. 855 Newspapers

Circulation, misrepresentation of, 5:706

New Trial

Affidavits and counter-affidavits, 4 : 533, 534

Application for, manner of making, 4 : 533

Defined, 4 : 531

Filing of notice and affidavits. 4 : 534 Grounds for In general, 4 : 532 Prevention of verdict or discharge of jury. 4 : 470 Hearing and disposition of motion, and time therefor, 4:535

Judgment notwithstanding verdict, rendering on motion for now trial, 4:486

Minutes of court, basing application on, 4 : 533 Notice of intention to move for, 4 : 534 Probate proceedings, in, 4 : 1689, 1691

IN CRIMINAL ACTIONS

Defined, 6 : 451

District court, in, on appeal from magistrate's court, 6:134

Effect of granting, 6:456

Grounds for Eniuneration of. in general, 6 : 4.52 Failure of jury to agree as to some of defendants. 6: 415

Special verdict defective, 6 : 411

1170

(
INDEX

New Trial—Continued

Motion for Hearing and detonnination, > : 4.T) Specification of grounds in, 6:454

Time for making, G : 453

Written, to be, G : 454 Nonnegotiable Instruments Documents of title, see Bili.s of Lading; Sales; Wauehouskmkn

Transfer of Are transferable )).v indorsement, 3 : 713

Effect on defenses, 4 : 123 Wbat instruments are nonnegotiable, 3:2324, 2325 Nonresidents

Actions between, jurisdiction, 4 : 121

Coi'porations, see Foreign Corporations

Distributee of estate, agent for, 4 : 1661-1665

Distribution of estate of, 4 : 1624 Missing persons, see Missing Persons

Publication of summons, 4 : 168, 182

Service of notices and papers on, 4 : 946 Wards, 4:1801-1807

Nonsuit

Grounds for, 4 : 415 When may be entered, 4 : 415 Notaries Public

Acknowledgments, may take, 3 : 491-493, 512

Affidavits, may take, 4 : 2074

' Appointment and regulation by Governor, 2 : 211 Customs officer performing notarial service, fee, 2 : 67 Depositions, may take, 4 : 2101 Oaths and affirmations, may administer, 4: 2171

Protest of bills, may make, 3 : 2533 Notes

See Negotiable Instruments ; Promissory Notes Not Guilty

Plea of, see Plea

Notice

See subject in question Actual or constructive, is, 3: 13 Constructive

Imputed by law, is, 3: 13 Records of registrar of property as, 4 : 967 When deemed, 3 : 14 Construed according to ordinary acceptation of terms, 4: 1883 Defacing posted notices, punishment, 5 : 842

Defectively entitled, effect of, 4 : 952 Form and requisites of, 4 : 941

Motion, of How served, 4 : 941, 942 Time for, 4: 933 Probate proceedings, in Personal notice given by citation, 4 : 1686

Petition for probate, notice of, 4 : 1216

Service on guardian, 4: 1694

J Publication, affidavit to prove, 4 : 2072, 2073

Requisites of, 4: 941 Right to, after appearance in action, 4 : 945

Service of, in general, 4: 941-947; see Service

Trial, notice of, 4: 437

Writing, notice to produce, 4 : 1970 ; see Evidence

Novation

Defined, 3: 781 Made by a contract, 3: 783 Modes of, 3: 782

Rescission of, grounds for, 3: 784

Subject to rules governing contracts, 3 : 783 1171
INDEX

Nuisance

Defined, 3: 2801

Private

Abatement does not preclude action, 8: 2805

Defined, 3: 2S03 Remedies for, 3: 2821; 4: 651

PublicAbatement, 3: 2812, 2815; 4: 651 Action for, 3: 2812, 2814; 4: 651

Defined, 3 : 2802 ; 5 : 551 Information, remedy by, 3: 2813; 5: 552 Lapse of time does not le.ualize, 3: 2811

Private action for, 3: 2814 Punishment for committing or maintaining, 5 : 552 Kemedies for, enumerated, 3 : 2812 What not deemed a, 3 : 2804 Number

Singular as including plural and vice versa, 3: 12; 4: 8; 5: 5 Oath

Affirmation Form of, 4 : 2172-2175 Oath includes, 3: 12; 4: 8; 5: 5 Declaration, oath includes, 3: 12; 4: 8; 5: 5

Defined, 3 : 12 ; 4 : 8 ; 5 : 5, 141 Form of, 4: 2172-2175

Irregularity as defense to perjury, 5 : 144 Who may administer

Certain Canal officers, 2 : 41

Clerk, notaries, and persons authorized to take testimony, 4: 2171 Judges and judicial officers, 4 : 23. 31, 2171

Magistrates, 4:23, 31, 2171; 6:111

Officer taking proof of instrument, 3 : 507

Public administrator, 4 : 1716 Obligations See Contracts

Accord

Defined, 3 : 771

Efi^ect of, 3 : 772

Alteration of contracts, see Alteration ; Contracts

Alternative obligations, 3 : 701-704

Application of performance. 3 : 727 Arise from contract or operation of law, 4 : 13 Burden of Not transferable witliout consent, 3:711

One taking benefit must bear, 3 : 2843

Conditions

Impossible or unlawful, void. 3 : 698

Involving forfeiture, construed strictly, 3 : 699 Kinds of, 3 : 692

Obligations are conditional, when, 3 : 691 Performance excused on refusal of other to perform, 3 : 697 Conditions concurrent

Ability and offer to iterfoi-m essential, 3:696

Defined, 3:694

Conditions precedent ' Defined, 3 : 693 I Must be performed. 3 : 696 j Conditions subsequent, defined, 3 : 695 ff Consideration \ Contracts, for. see Contracts "' Existing legal obligation as, 3:862 i Ratable proportion when performance prevented. 3 : 763 Construction ot contracts, see Contracts

1172
f

INDEX

Obligations—rontiiiued

Conlrilnitioii lictwoen joint or joint and several obligors, 3:683

Created liow, 3 : 662 Damages for l>reach of In general, see Damages

Limited to reasvnahle amount. 3:2675

Obligations not arising from contract, 3:2661

Defined, 3:661

Extinguishment

B.v full performance by obligor or another for him, 3 : 721 By offer of payment and deposit to creditor's account. 3:746

By offer of performance when, 3: 731 By part performance. 3: 774: »cH> Accord (ind Satisb'aotion By performance at direction of creditor, 3: 724 By iierformance by one of several joint obligors, 3:7-2

By release, 3 : 791-793

Proportionally by partial performance, 3 : 72o

Forfeiture Construed how, 3 : 699 For noncompliance with terms, relief on making full compensation,

3 : 2612 How arise. 3 : 662 Imposed by law, 3 : 971-978

Interest on Right to recover, 3 : 2632

Stojjped by offer of performan_ce, 3 : 750

Interitretation, general rules of, 3 : 671 ; see Contracts

JointConlribution between obligors, 3:683

Performance to one as an extinguishment of obligation, 3 : 723 Presumption in favor of, 3 : 682 Release of joint debtors, 3 : 793

Joint and several, contribution between obligors. 3 : 683

Joint, several, or joint and several, may be, 3 : 681 Law imposes what, 3 : 971-978

Mistake, see Mistake

Novation, 3 : 781-784

Offer of performance

Ability anil willingness essential, 3:741

Accessories, effect on, 3:750

By whom to be made, 3 : 733 Conditions

Dependent on performance of, 3 : 744 Must be free from, 3 : 740

Contracts, see Contbacts

Custody and care of thing offered, 3 : 749 Delay in and compensation therefor. 3 : 738 Excused by what acts. 3 : 697. 761 Extinguishes obligation when, 3 : 731, 746 Manner of offer, 3 : 739

Objections not stated are waived, 3 : 747

Partial, of no effect, 3 : 732

Prevention, effect of, 3 : 762, 763 Production of thing offered, 3 : 742

Refusal to accept before offer of. eft"ect of, 3 : 764 Retention by creditor of thing offered, 3 : 751 Thing offered to be kept separate, 3 : 743

Title to thing offered passes, when, 3 : 748 To whom to be made, 3 : 734 When may be made, 3 : 736, 737 Where may be made, 3 : 734, 735 Ownership of, 3 : 252 Payment

Application to obligations, 3 : 727

Defined, 3 : 726 1178
INDEX

Obligations—Continued

Performance

Application of act by Avay of, 3 : 727 By one joint debtor, effect of, 3: 722

Contracts, see Contkacts

Directions by creditors, effect of, 3 : 724 Excused by what, 3 : 697, 761 Notice ttiat one will not perform, 3: 697 Of conditions, when essential, 3 : 696

Offer of performance, see that subhead, sup.ra Partial, effect of, 3 : 725, 774 Receipt for property delivered may be demanded, 3:745; 4:2102

Time of, 3 : 736, 737 To one joint creditor, effect of. 3 : 723

Receipt, right to require, 3 : 745 ; 4 : 2152 Release Extinguishes obligation, 3 : 791

General, does not release unknown claims, 3 : 792 Of one of several joint debtors, effect, 3 : 793 Restoration of thing wrongfully acquired, 3 : 975, 976

Satisfaction Defined, 3 : 773 Part performance in, 3 : 774

Statute of frauds, in general, 3 : 886, 984 ; 4 : 2015, 2017 Transfer

Burden of obligation, right of, 3 : 711 Nonnegotiable instruments, of, 3 : 713 Rights arising out of obligations are transferable, 3: 712

Trustees, of, see Trusts

Obscene

Exhibition, procuring another to make, 5 : 451 Impoiting or transporting obscene matter, p. 934, sec. 396 Mailing obscene matter, p. 920. sec. 334

Songs, singing, punishment, 5 : 451 Writings, publications, or pictures

Destruction of, 5 : 454 Determination of indecent character, 5:453

Information for selling, 6: 205

Offenses respecting, 5 : 451 Seizure of, 5 : 452 Occupations

Regulations concei'ning carrying on, 2:401, 402 Offenses

See Crime; Fet.ony ; Misdemeanor

OfferHow revoked, 3 : 843 When revoked, 3:842

Offer of Performance

See Contracts ; Obligations

Offer to Compromise

Admits nothing, 4:2154

Generally, 4:911

In magistrate's court, 4:797

Proceedings on, 4 : 911

OfficeSee Officers

Buying appointment to, 5 : 96 Executive office defined, 5 : 91 Exercising functions of, without authority, 5:100, 101 Forfeiture of, effect of conviction of crime, 5:9

Intrusion into, when not appointed, 5 : 101

Officers Acknowledgments, what officers may take, see Acknowledomknts

Acting as, in tr:insactions with firm in which interested, 5:97

Arrests by, .see Arrest

1174
I2JDEX

Officers—Continued

Assault under color of authority, pnuisluiiont, 5: 176 Bond unnocessary in aetion in official capacity, 4 : 9GS

Bribe, asking; or receiving, 5 : 93, 122 Bribery of, 5:92, 121 Buyins appointment, 5 : 9G

Certiticates, see Certificates

Claims, fraudulently presentint? to. 5:102

Conimunications to, when privilefxed, 4:19<)4

Disbursing, presenting fraudulent claim to, 5 : 102 Embezzlement by, 5 : 022, 662 Emolument, asking or receiving, 5: 94, 95, 123

Entries by. as evidence, 4 : 1946, 1951

Escape, aiding or permitting, punishment, 5:202

Executive officer defined, 5 : 91 Exercising functions without authority, 5: 100, 101 Extortion under color of official right, punishment, 5 : 684

Failure to perform duty, punishment, 5 : 98, 99 False certiticates, issuing, a felony, 5 : 183 Government, of Contributions or presents to superiors, p. 874, sec. 113 Extra allowances, p. 872, sec. 70 Extra compensation or perquisites, p. 872, sec. 71 Extra services, p. 871, sec. 09 Fees or dues in societies, p. 873, sec. 83 Holding other lucrative oliice, p. 871, sec. 02 Leave of officers in reserve corps, p. 891, sec. 371 Receiving salary from source other than United States, p. 871, sec. 6i Subsistence expense act, p. 887 Transportation of automobiles of, p. 888, sec. 823a Travel on ships of American registry, p. 996, sec. 891 r Traveling expenses, p. 872, sees. 73-73b Withholding salary when in arrears, p. 873, sec. 82 Governor, see Goveknoi: of the Panama Canal

Habeas corpus, failure to obey, a felony, 5 : 191

Information, disclosure of making for felony before arrest, 5 : 182

Interest in firm with which ])usiness transacted, 5 : 97

Joint authority, majority may exercise, 5 : 4 .Judgment against, conclusive against indemnitor, when, 4 : 961

.Judicial, see Judicial Officees

Lien of officer levying writ, 3 : 2316

Official acts, how proved, 4 : 1944 Omission to perform duty, punishment, 5 : 98, 99 Oppression under color of authority, punishment, 5 : 176 Panama Canal, of, see Panama Canal

Particular officer, see particular title Peace officers, see Peace Officers

Pi-esumptions respecting, 4 : 2007

Privileged counnunications, 4 : 1904 Proof of instruments, powers of officers authorized to take, 3 : 507

Public moneys, offenses by officers respecting, 5 : 621-625, 662 Records

Destruction or mutilation, 5 : 103

Forging, stealing, or mutilating, punishment, 5 : 131

Public, duty to give copies, 4 : 1921 Rescuing person or property from custody, as contempt, 4 : 1163 ; 5 : 21- Resisting officer, punishment of, 5 : 104, 178 Retaking or injury to property in custody of, 5 : 179 Reward, asking or receiving, 5:94, 95, 123

Riot, neglect to suppress, punishment, 5 : 600

Seizure of property without authority, a misdemeanor, 5:173

Survival of actions against Canal Zone officers, p. 984, sec. 780

Violation of law respecting duties, punishment, 5 : 98

\\'itiihu;ding l)(i(iks or rccdrds from successor, 5:103

Witiies.ses, as, 4 : 1904

1175
INDEX

Opinions

When admissible as evidence, in general, 4 : 1888 Opium

See Narcotics

Oral Examination

See Witnesses

Oral Obligations See Statute of Frauds

Order of Proof

See Evidence

Orders

See Motions

Amend, power of court to, 4 : 23 Conclusiveness of, 4 : 1934. 1935, 2006

Defined, 4 : 931 Disobedience to, as contempt. 4 : 1163 ; 5 : 212

District judge may make vvliile al)sent from Canal Zone, 7:31, 32 Enforcement of by execution, 4:934

Ex parte orders, vacation and modilication of, 4 : S()l Former, pleading and evidence of. 4 : 2006 Power of judicial oflicers to compel obedience to, 4:31

Probate proceedings, in. what to contain, 4:1681

Relief from, for mistake, surprise, neglect, etc., 4:275

Service on guardian in probate proceedings, 4: 1694 Vacation or modification of ex parte orders, 4 : 861 Where may be made, 4 : 932 Organic Act

Reservation of rights respecting, 2 :

Overt Act

Necessity of, to constitute conspiracy, 5 : 82

Proof of, on trial for conspiracy, 6 : 378 Ownership

See Property

Panama Canal

Accounting

By collecting officers of Canal, 2 : 32

Consolidation of functions respecting various funds, 2:31

Examination of account« by General Accounting Office, 2 : 33

Antitrust laws. Canal closed to violators of, 2 : 11 Army control in time of war, 2:8

Boundary or survey monuments, injury to, 5 : 833 Business operations

Providing materials and services for vessel«, 2:51

Receipts from such business, 2 : 52 Canal Zone, see Canal Zone

Closed to violators of antitrust laws, 2 : 11 Colombia, rights of in respect to Canal, p. 864, art. 1 ; p. 866, art. 1 Commissaries or clubhouses, altering checks of, 5:741

Construction of, treaty provisicms with Great Britain respecting, p. 837,

art. 2 Damages for injuries to vessels, etc., in parsing through locks, 2 : 10 Designation, 2 : 2 Employees

Compensation for injuries. 2:121-123 .see Injuries to Canai. and

Raii.koad KMPI,0YFaCS

In general, 2:81-123; see Employees

Retirement, 2:91-107; see Retirement

Ferry near I'acific entrance. 2:341, 342 Funds

Accounting for, 2:31-33

Offenses respecting, 5: 621 -((24 Refund of amounts erroneously received as tolls, 2:414

Governor of. see Govehnok ok the Panama Canal

Injury to Canal

Causing death, as mtn-der. 5:255

Punishment. 5 : 821 1176
INDEX

Panama Canal—roiitiimod Labor train, riding on \vitlio\it auUioritv, ijunisliinenf, r):8:i0 Locks

Damages for injuries to vessels, etc., in passing through, 2:10

Injury to or obstruction of, jiunishnient, 5:255, 821 Passage of vessels througli hicl^s and approaches, regulation, 2:0

Loitering about buildings or caniits, punishment, 5 : C03 Monopoly for construction and ojieration, grant to United States, p. 841,

art. 5 Neutralization of, treaty stipulations respecting, p. 838, art. 3 ; p. 845,

art. 18

(Obstruction of Canal

Causing death, as murder, 5 : 255 Punishment, 5 : 821

Officers Acting in transactions with tirm hi which interested, 5 : 97 Administration of oaths to cei-t:fy papers, 2:41

Books and papers, compelling production before, 2:42, 43

In general, see Officers

Offenses by and against, 5 : 91-104

Witnesses, compelling attendance before, 2:42, 43 Operation

By President through Governor and others. 2 : 5 Regulations governing, 2 : Panama Canal act, reservation of rghts respecting. 2 :

Panama, vessels, troops, and munitions of, free transportation, p. 846.

art. 19 Passage and control of vessels througii. regulations, 2:9

Peddling about laborers' camp or where "groups are at work. i)unishment.

5:603

Pilots and pilotage, regulations, 2 :

Ports at entrances Freedom from taxes or charges, p. 843, art. 9 Panamanian customs houses and guards, p. 843, art. 9

Protection of Canal and auxiliary works, p. 847, art. 23 Purchase of supplies without advertising where amount does not exceed

$500, 2:351

Regulation and management, treaty provisions respecting, p. 837, art. 2 Rights of United States incident to construction of, p. 837, art. 2

Signs, placing on public proi)erty. 5 : 848 Taxation by Panama, exemption of Canal and appurtenances, p. 843,

art. 10

TollsAuthority of Pi-esident to prescribe and change, 2:411

Bases of tolls, 2 : 412 Maximum and minimum rates, 2:412

Refund of amounts erroneously received, 2:414

Restrictions on construction of 1914 amendment, 2 : 413 Treaty provisions respecting equality, p. 838. art. 3; p. 845, art. 18 Trespassing upon property after posting, punishment. 5 : 844 Wireless telegraphic installations, maintenance in connection with op- eration, 2: 421 Panama, City of Acquisition of property in. right of United States, p. 842, art. 7 Boundary between Canal Zone and, p. 849, art. 3 Canal auxiliaries and employees in, exemption from taxation, p. 843,

art. 10 Freedom from charges on certain vessels, p. 843, art. 9 Harbor of. boundaries, p. 851, art. 4

Public order, maintenance in. p. 842. art. 7

Sanitation, enforcement of, in, p. 842, art. 7 Sewer system in, p. 842, art. 7 Sewerage rates in, p. 842, art. 7

93083—34 75 II77
INDEX

Panama, City of—Continued Use of city and harbor by United States, p. 843, art. 9 Water rates in, p. 842, art. 7 Water system in, p. 842, art. 7 Panama Railroad Company

See Caurieks; Raileoads

Annual payment to United States not required, 2: 221 Bond, not required to give, in contracts with Government departments,

2: 223 Colombia, rights of in respect to Railroad, p. 864, art. 1 Contracts with departments of Government, 2: 223

Crossings, operation of street-railway cars at, 2 : 332 Employees

Compensation due deceased or insane employee, payment, 4 : 1705 Compensation for injuries, 2: 121-123; see Injuries to Canal ano

Railroad Employees

Exemption from taxation by Panama, p. 843, art. 10

Liability for injuries to, p. 989, sees. 52-59

Retirement, 2 : 91-107 ; see Retirement

Free transportation of persons in service of Panama, p. 846, art. 19 Funds

Offenses respecting, 5 : 621-624

Receiving, disbursing, and accounting, 2: 31 Hours of work for telegraph oi^erators and train dispatchers, 2 : 224 Insurance to cover marine or fire losses, not to be carried, 2 : 222

Laljor train, ritling on without authority, punishment, 5 : 830

Loitering about buildings or camps, punishment, 5 : 603

Officers Acting in transactions with firm in which interested, 5 : 97

Offenses by and against 5 : 91-104 Peddling about laborers' camp or where groups are at work, 5 : 603 Placing signs on proi>erty of. 5 : 843 Providing materials, supplies, and services for vessels, 2: 51 Receiving, disbursing, and accounting for funds, 2 : 31

Safety appliances. 2: 241-244

Trespassing upon property after posting, 5 : 844-846 Panama, Republic of Access to Colon harbor, easement for, p. 854, art. 7 Annual pa.vment for rights and privileges in. p. 844, art. 14 Boundaries agreed to by Colombia, p. 865, art. 3 Change in government, laws, or treaties of, p. S47, art. 24 Convention with For construction of canal, p. 839 For establishment of boundaries, p. 848 For settlement of claims, p. 856 Modifying claims convention, p. 861 Transit of liquors through Canal Zone, p. 862 Customs houses and guards, establishment in ports, p. 843. art. 9 Estate of intestate alien leaving heirs in, disposition, 4 : 1706

Extradition fi'om Canal Zone to Panama, 6: 881-892; see Extradition

Highways and vehicles, agreements for reciprocal regulations, 2: 322 Immigration and free access of Canal employees, to permit, p. 844, art. 12 Independence of, p. 840, art. 1 Insane patients from, receiving at Corozal Hospital, 4: 1762

Military service, exemption of Canal employees, p. 844, art. 12

Modification of incompatible treaty provisions, p. 846, art. 20

Neutrality, protocol of agreement relating to, p. 855

Ofiicial dispatches of, rates for transmission, p. 8 14, art. 11 Persons in service of, free transportation on railroad, p. 846, art. 19 Ports of, use as i-efuge for vessels, p. 845, art. 17 Railway across Sal)anas, not to construct, p. 854, art. 9 Recognition by Colombia, p. 805. art. 3 Renunciation of rights under concessionary contracts, p. 846, art. 22 Rights granted ])v, freedom from anterior debts or concessions, p. 846,

art. 21

1178
INDEX

Panama, Republic of—Continued

Sahanas road, maintenance of, p. 854, art. 8 Taxes, exemption of Canal, auxiliaries, and employees froiu. p. 843, art. 10

Vessels, troops, and munitions, free transportation ov* ! <'anal, p. 846,

art. 19 Wireless telegraphic installations Acceptance and transmission of messages of, 2 : 421 Agreement respecting location, 2 : 421 Papers

Defectively entitled, effect of, 4: 952

Lost, how supplied, 4 : 951 Production of, see PRonucaiON of Documents

Service of, 4 : 941-947 ; see Service

Pardons

Governor may grant, 2 : 261 Parent and Child See Infants

Abandonment of child Exposure with Latent to abandon, punishment, 5 : 443 Parent forfeits guardianship by, 3 : 208 Punishment, 5 : 441 Abduction, enticement, or seduction of child forbidden, 3 : 47 Abuse of parental authority, remedy for, 3 : 173 Allowance to parent out of child's property for its support, 3:171

Annulment of marriage, institution of suit by parent, 3 : 56 Authority of parent ceases, when, 3 : 174, 181 Compensation of adult child, 3 : 180 Compromise by parent of claim of child, 4 : 1824

Control, parent may relinquish, 3 : 181 Custody

Divorce, on, see Divorce

Exclusive, action for, 3 : 169

In general, 3:167

Illegitimate child, of, 3 : 170

Modification of orders or decrees relating to, 3 : 169 Pending guardianship, 4 : 1721 Preference between parents, 3 : 167, 168 Relinquishment by parent, 3 : 181 Rules for awarding, 3:208

When parents separated, 3:168

Wliere marriage annulled, 3 : 58 Earnings may be paid to child, 3 : 182 Education, 3 : 166, 168, 171, 173 Emancipation of child, 3 : 181 Guardian and ward, see Guardia \ and Ward

Legitimacy, see Legitimacy

Majority ends parental authority, 3 : 174 Marriage of minors

Consent of parents, 3 : 60 Ends parental authority, 3 : 174 Mendicant purposes, disposition of child for, 5:442

Necessaries

Child's liability on promise respecting those furnished parent, 3 : 176

Parent's liability for those furnished child, 3 : 177, 178 Nonsupport of child, punishment of, 5 : 441 Posthumous children, pi'operty rights of, 3 : 291 ; see Posthumous

Children

Pretermitted child or issue of child, rights of, 3 : 555 Property of child Allowance from, for support, 3 : 171 Parent has no control, 3 : 172

Protection of person or property of parent or child, use of force, 3 : 4S Relinquishment of control of child, 3 : 181 Residence of child. 3 : 183 Seduction of daughter, father or mother may sue for, 4 : 130

1179
INDEX

Parent and Child—Continued

Services Adult child, of, no couipeusatiou for, 3 : 180

Child, of, iu general, 3 : 167

Illegitimate child, of, 3 : 170

Stepchild, of, liability for, 3 : 179

Substituting one child for another, punishment, 5 : 234 Support

Adult child, of, no compensation for, 3 : 180 Allowance to parent out of child's property, 3: 171 During separation of parents, 3 : 135 Mutual obligations of parent and child, 3 : 176

Necessaries, liability of parent for, 3:177

Obligation of parents, in general, 3 : 160 On divorce of parents, 3 : 120. 123 Provision for. though divorce denied, 3 : 115 Punishment for nonsupport, 5 : 441 Remedy when parent dies without providing for, 3 : 175 Requiring of defendant on probation. 6 : 501

Stepchild, of, husband not liable for, 3 : 179 AVhen parent not liable for support furnished child. 3:178

Taking or enticing child from parent, punishment. 5:283

Will, child born after making of will, rights of, 3 : 554 Paroles

Permit to habitual criminal to be at liberty, 5 : 75, 76 Parol Evidence

See E\'iDENCE

Parol Obligations See Statute of Fkauds

Particulars

Bill of, 4:253. 786

Parties Adding. 4 : 145, 275

Additional, how brought in, 4 : 145 Administrator, as. 4 : 124

Aliens, actions between, 4 : 121 Amendment changing. 4 : 275 Assignee of chos^e, defenses not prejudiced, 4 : 123 Associates may sue or be sued by connnon name, 4 : 144

Beneficiaries need not be joined when. 4 : 124 Common interest, one nniy sue or defend for all, 4: 13S Criminal actions, to Are classified as principals and accessories, 5: 51 Defendant, see Defeindant

Designation of party prosecuted, C : 7 Who are, 6 : 5 Death

Effect of. 4 : 141

Filing or presentment of claim, 4: 1483 Defendant

In actions to determine adverse claims to realty, 4: 137

In criminal actions, see Defendant

Proceedings wliere part only served, 4: 167

Substitution for, 4 : 142 Those united in interest to be joined as, 4: 138 Who may l)e joined. 4 : 133-140 Who must be joined. 4: 138 Designed as plaintiff and defendant, 4:72

Disability of, effect, 4 : 141 Executor as, 4 : 124

Fictitious name, when party may be sued by, 4: 276

Forcil>le entry and delainer, in, 4: 1145, 1146 Guardian ad lit<Mn, how appointed, 4 : 128

Heirship, in action to determine. 4:1621

IIusl)and and wife, 4 : 125, 126

1180
INDEX

Parties—Conl inuod

Interploader, wlu'ii and how maintained, 4:142

Intervention, 4: l-i;? Joinder

As defendant on refusal to join as plaintiff, 4: 138 Executors not qualifying, unnece^^sary, 4:1527

Defendants, of Doubt as to one liable, 4 : 136

In action to de ermine adverse claims to real property, 4: 137

In general, 4 : 1,S3-140 Order preventing ( mbarrassment, 4 : 136 Husband, of, in action against wife, 4: 125, 126

Insurers, of, in separate jndicies, 4: 139

Parties holding under a common source of title, 4 : 140

Persons? benoticially interested, not necessary, 4 : 124

Sureties, 4 : 139 Those severally lialile upon one obligation, 4: 139 Those united in interest, 4: 132, 138

Joint debtors, after judgment, 4 : 901 ; see Joint Debturs

^larried woman as party, joinder of husband, 4 : 125, 12'! Name, fictitious, suing party by, 4 : 276

Necessary, who are, 4 : 138

Nonresidents, actions between, 4 : 121 Numerous, suit or defense liy one for all, 4:138

Other, court may order in, 4 : 145

Particular proceedings, in, see particular subject

Plaintiffs Those united in interest to be joined as, 4: 138 Who may be joined as, 4 : 132 Who must be joined. 4 : 138 Probate iiroceedings, in, 4 : 1690 Real party in interest to sue, 4 : 122

Substitution Parties generally, 4 : 141, 142

Successor of Canal Zone officer, p. 984, sec. 780 Tenants in common, joint tenants or coparceners, 4: 140 Transfer of action or interest, 4 : 141 Trustee may sue without beneficiary, 4 : 124 Wrongful death, who may sue for, 4 : 131 ; p. 989, sec. 52

Partition Decedent's estate, of Distribution and partition of, 4 : 1631-1641 On partial distribution, 4:1614, 1616 Ward's estate of, 4 : 1776 Partnership

Account, mutual liability of partners to, 3 : 1733 Action against, may be brought in firm name, 4: 144 Acts that partner cannot do, 3: 1763 Advantage, partner not to obtain over another, 3: 1732 Adverse business, engagement in by partner, 3 : 1772, 1774

Agent, partner is for firm, 3 : 1762 Agreement in writing, authority to bind copartners by, 3: 1762 Authority

Majority of partners, of, 3 : 1761

Partner, of. 3 : 1761-1764 Bad faith, wliether acts of partner in, binding, 3 : 1764 Compensation for services of partner, 3 : 1734

Confidential, partners' relations are, 3 : 1731, 1732

Debts, partner may require application of firm propertv to, 3 : 1725

Defined, 3 : 1711

Dissolution Agreement not to go into business, 3 : 936 Grounds for, 3 : 1742, 1795

Liability thereafter to persons without notice, 3 : 1795

Notice of, 3 : 1795, 1796

1181
INDEX

Partnership—Continued

Dissolution—Continued

On renunciation by partner, 3 : 1741, 1742

Partial, at will of one partner. 3 : 1793 Partner entitled to, when, 3 : 1784

Partners' powers after, 3 : 1801-1805

Partnersliip continues until, 3 : 1791 What works, 3 : 1792 When partner entitled to, 3 : 1794 Duration of, in general, 3 : 1791 Evidence, acts or declarations of partner as, 4 : 1888 Expenses, reimbursement of partner for, 3 : 1733 Formation, consent necessary to, 3 : 1713 Fraud in affairs of, punishment, 5 : 704

General, defined, 3 : 1751 Good faith, partners must exercise toward each other, 3 : 1732

Liability of partners, 3 : 1781-1784

Liquidation, 3 : 1801-1805 Losses

Division of, 3 : 1723, 1724

Indemnification of partner for, 3 : 1733 New partner, admission of, 3 : 1713

Ostensible partner, liability of, 3 : 1783 Presentment of negotiable instrument for payment by, 3 : 2428 Presumptions as to, 4 : 2007

Profits Partner, of, belong to firm, 3 : 1771 Separate business, of, when partner must account for, 3 : 1774 Share of partner in, 3 : 1723 Property of Application to debts, partner may require, 3 : 1725

Consists in what, 3 : 1721

Definition of partnership interest in property, 3 : 1726 Extent of partner's interest, 3 : 1722. 1723 Presumption respecting property acquired with partnership funds, 3 : 1726 Renunciation by partner, 3 : 1741, 1742

Restrictions on authority of partner, 3 : 1763 Separate business, engagement in by partner, 3 : 1772, 1773

Services, partner not entitled to compensation for, 3 : 1734

Ship, joint use of, does not create, 3 : 1712

Special partnership, 3: 1811-1844; see Special Partnership

Surviving partner, accounting by, 4 : 1525 Termination of, 3 : 1791-1796

Trustees, partners are, for each other, 3 : 1731 Passengers

See Carriers of Passengers

Passports Text of general laws respecting, p. 962, sees. 213-227 Patents Forging or counterfeiting letters, 5 : 721 ; p. 904, sec. 71 Laws of United States extended to Canal Zone, 3 : 391 Pawn

See Pledge

Payment

Application of, 3:727

Defined, 3 : 726

Obligations, see Obligations

Offer in writing to pay is equivalent to tender, 4:2151

Presumptions respecting, 4 : 2007

Receipt, debtor may require, 3 : 745 ; 4 : 2152

Sales, see Sales

Tender

Offer in writing to pay equivalent to. 4:21.51 Waiver of objection by failure to specify it, 4: 2153

1182
INDEX

Peace

See Breach of Peace; Distubbino Peaob

Security to keep

Action upon uudertaking, 6:52

Approval and tiling of undertaking, G : 49 Breach of undertaking, 6 : 51 Complaint of threatened offense, 6 : 41 Discharge of person complained of in absence of eiiuse, 6:45

Effect of giving or failing to give security, 6 : 47, 48 Examination of infonuer and witnesses, 6 : 42 Not otherwise required, 6 : 53 Requiring on assault in presence of magistrate, 6:50

Requiring security where reason exists, 6 : 46 Taking testimony in relation to charge, 6 : 44 Warrant for arrest of person informed of, 6 : 43 Peace Officers Arrests by, see Arrest

Authority to summon assistance, 6 : 87 Carrying of arms by, 5 : 872

In general, see Officers Warrants directed to and executed by, 6 : 76 Who are, 6 : 84 Peddling

About laborers' camp or where groups are at work, 5 : 603

Disposition or use of child for, 5 : 442

Penalties

District attorney to recover, 6 : 17

Fines, see Fines Not enforceable by specific or preventive relief, 3 : 2684 Pendency of Action

When action deemed pending, 4 : 955

Penitentiary

Carrying into, things useful in escape, punishment, 5 : 204 Escape from

In general, see Escape

Reward for apprehension, 6 : 851 Execution of judgment for imprisonment in, 6 : 514 Gamboa prison designated as, 6 : 901 Inhumanity to prisoner, punishment, 5 : 177

Injuring or destroying, punishment, 5 : 841 Injury to person of convict, punishable, 6 : 903 Prisoner becoming insane, commitment to Corozal Hospital, 4 : 1760

Prisoners, see Prisoners

Receipt and detention of convicts, 6 : 902 Rescue of prisoner, punishment, 5 : 206 Transfer of prisoners from one penal institution to another, 6 : 904 Performance

Contracts, see Contracts ; Obligations

Offer in writing is equivalent to tender, 4 : 2151

Specific, see Specific Performance

Perjury

Aflidavit as to future testimony, perjury in, 5 : 142

Defined, 5 : 141 Deposition or certificate, making of, when complete, 5 : 147 Ignorance of materiality of statement, as defense, 5 : 145 Incompetency of witness as defense, 5 : 146 Information for perjury or subornation, 6 : 203 No defense that statement lacked effect. 5 : 145

Oath, irregularity of, as defense, 5:144

Proof of Admissibility of defendant's testimony, 6 : 386 Number of witnesses necessary, 4 : 1861, 2012 ; 6 : 385 Punishment of, 5 : 148 Statement of what one does not know to be true, 5 : 143 Subornation of, 5 : 149

1183
INDEX

Perpetuating Testimony

See Depositions ; Witnesses

In civil actions, mode of, 4 : 2161-2107

In criminal actions, examination of witnesses conditionally, 6:14, 147, 689-

691

Perpetuities See Alienation

Power of alienation, how long may be suspended, 3 : 311 Personal Injuries See Negligence

Personal Liberty

Deprivation without due process, 1 : 1 Personal Property

See Property

Accession to, 3 : 413-421 ; see Accession

Acquisition, modes of, 3 : 401 Adverse claim to, action to determine, 4 : 661-663, 956 Chose in action, .'!

: 371. 372 ; see Chose in Action

Claim and delivery, see Claim and Delivery

Confusion of goods. 3 : 413-121 ; see Accession

Consists of what, 3 : 258 Conversion of Damages for, 3 : 2662-2664

Obligation to make restoration, 3:975, 976

Defined, 3 : 12, 258, 4 : 12 ; 5:5

Determining adverse claims to, 4 : 661-603, 956

Execution, iiow subjected to, 4 : 583, 585

Gift, see Gift

Hiring of, see Hiring

Includes what, 3 : 12 ; 4:8; 5:5

Interests in, see Property

Law governing, 3 : 361 Loan, see Loan

Mortgage of, 3 : 2261-2273 ; see Chattel Mortgages

Ownership may exist in what property, 3 : 252

Pledge, see Pledge

Products of the mind, 3 : 381-386 ; see LiTFasARV Puoperty

Property is either real or personal, 3 : 254

' Quieting title to, 4 : 661-663, 956 Recovery of In general, see Claim and Det.ivery

Right to compel specific delivery, 3:2692

Sales of, see Sales

Thing in action, 3: 371. 372; see Chose in Action

Transfer of, see Sales ; Transfer

What is, 3 : 258 Personal Rights

Abduction and seduction forbidden, 3 : 47 Enumeration of, 1:1; 3 : 41 Right to use force, 3 : 48 Personation

See False Personation

Persons

See Infants ; Insane Persons

Defined, 3:12; 4:8; 5:5

Exclusion and deportation. 2:141, 142

Extradition, see Extradition

Includes corporation, 3:12; 4:8; 5:5

Injury to, definition of, 4 : 16 Missing persons, see IMissing Persons

Rights, enumeration of. 1:1; 3 : 41 Pesthouses

Keeping in towns, itunishment, 5:505

Petit Larceny

See Larceny

1184
WDEX

Phrases

See AVoKDs and Phkases

Physicians See Drugs ; Medicines

As witnesses, 4 : 1904

Intoxicated, acts endansierius: life, punishment, 5:372

Licenses to practice healing art, 2:372

Privile.wd cdnnmiiiiciUions between physician and patient, 4:1904

Pictures

Obscene, 5 : 451-454

PilotsRegulations autliorized governing pilots and pilotage, 2 : 9 Place of Trial Change of In civil actions in general, 4: 153 In civil actiojis in magistrate's court, 4: 682, 683

In criminal actions, 6 : 291-298

Civil actions In general, 4 : 151

In magistrate's court. 4:681

Criminal actions, 6:13

Divorce actions, 4 : 152

Letters of administration, etc., issued where, 4: 1201 120"

Offenses, of, 6 : 13

' Wills proved where, 4:1201, 1202

Plaintiff See Parties

Pleadings of, 4: 193 Plea

See Pleading

Asking for, on arraignment, 6 : 229

Corporation, by, 6 : 836 Defendant's only pleading is a plea or demurrer, 6 : 232 Form of, 6 : 272 Former acquittal or conviction, see Foemer Jeopardy

Guilty of As mode of conviction, 6 : 15 Court to determine degree of crime, 6 : 485 Form, 6 : 272 How entered, G : 273 In magistrate's court, 6 : 124, 125 Rules authorized respecting procedure after, p. 983, sec 7-^3a Withdrawal. 6 : 273 ; p. 983, sec. 723a How put in, 6 : 232. 272

Issue of fact arises on, 6 : 301 Kinds of, 6 : 271 Not guilty, of Entry on failure to answer, 6 : 279 Evidence admissible under, 6 : 275 Form, 6 : 272 In magistrate's court, 6:124, 126

Issue of fact arises on, 6 : 301 Puts A\'hat in issue, 6 : 274

Oral, to be, 6 : 272 Permitting when demurrer disallowed, 6:2.59 Prior conviction, on charge of, 6 : 280

Refusal to answer, plea of not guilty entered, 6 : 279 Time to put in, 6 : 232 Pleading

See Answer ; Complaint ; Counterclaim ; Demurker

Account, how to be stated, 4 : 253 Amendment, see Amendment; Magistrates' Courts

Answer, see Answer

Bill of particulars, 4 : 253 Complaint, see Complaint

1185
i:S!DEX

Pleading—Continued

Conditions precedent, performance of, 4 : 256

Construction of, to be liberal, 4 : 251 Counterclaim, see Counterclaim

Criminal actions, in, see separate subhead, infra Cross-complaint, 4 : 227 ; see Cross-Complaixt

Defects disregarded unless substantial, 4 : 277 Defendant, pleadings of, 4 : 193

Defined, 4 : 191 Demurrer, 4 : 211, 212 ; see Demurrer

Designation of parties to actions, 4:72

Error disregarded unless substantial, 4 : 277 Extension of time respecting, 4 : 275, 980

Failure to deny allegations, effect of, 4 : 2G0

Filing and service of, 4 : 263 Form of action, but one, 4 : 71 Inspection of instrument where copy annexed to, 4 : 244

Issues, see Issues Judgments, 4 : 255, 2006

Libel or slander, 4 : 258, 259

Lost, how supplied, 4 : 951

Magistrate's court, in, see Magistrates' Courts

Material allegations

Defined, 4 : 261 Proof may be limited to, 4 : 1885 Names of pleadings, 4 : 193

Parties, 4 : 121-145 ; see Parties

Performance, 4 : 256

Plaintiff, pleadings of, 4 : 193 Real property, how described, 4 : 254

Statute of limitations, 4 : 257

Striking out redundant and irrelevant matter. 4 : 252

Subscription to, 4 : 241 Supplemental Yov revival of judgment, 4 : 586 When allowed, 4:262

Time, power of court to extend, 4 : 275, 960

Variance, see Variance

Verification of, 4 : 241-244 ; see Verification

What pleadings are allowed, 4 : 193 Written instruments, 4 : 242-244

IN criminal actions

See Demurrer," Former Jeopardy; Information; Plea

Costs for furnishing copies to defendant, 6 : ;592 Defendant's only pleading is a plea or demurrer, 6 : 2.'}2 Formal defects or imperfections, immateriality, 6 : 162, 189 Forms and rules of, in general, 6 : 161 Information, see Information

Judgment, how pleaded, 6:196

Materiality of errors or departui'es in, 6 : 162, 189 Variance, see Variance

Pledge

Apparent owner, by, 3 : 2286

Collection of securities when due, 3 : 2301

Defined, 3 : 2281, 2282 Defrauding pledgee, punishment, 5 : 702 Delivery essential, 3 : 2283 Duties and liabilities of pledgee. 3 : 2292

Foreclosure of right of redemption, 3 : 2.306 Increase of thing covered by, 3:2284

Lien dependent on possession, 3 : 2283

Liens, subject to provisions of chapter on, 3 : 2176

Lienor, by, 3 : 2285

1180
INDEX

Pledge—Continued

Misrei)re«>nta!iou of value of pledge, remedy of creditor, 3:2294

Ostensible owner, pledge by, 3 : 2286 Pledge holder

Obligations of. 3 : 2290-2293 Who is, 3 : 2288

Pledge lender, rights of, 3 : 2287, 2289

Possession, delivery of, is essential, 3 : 2283

SaleDemand of performance a prerequisite, 3 : 2296

Disposition of proceeds, 3 : 2303, 2304

Foreclosure of right of redemption instead of, 3 : 2306 How made, 3 : 2300

Notice of, to pledgor, 3 : 2297, 2298 Of evidence of debt, 3 : 2301 On demand of pledgor, 3 : 2302, 2304 Pledgee or pledge holder may purchase, 3 : 2305

Surplus to be paid pledgor, 3 : 2303 Waiver of demand of performance, 3 : 2299 When pledgee may make, 3 : 2295

Transfer, when deemed pledge, 3 : 2234, 2282 Poisons , .,, . . ^ _ „„

Administering with intent to kill, punishment, 5 : 302 Animals, poisoning, punishment. 5 : 809 Federal caustic poison act, p. 893, sees. 401^11

Food, medicine, or water, poisoning, punishment, 5 : 373 Mailing of, p. 924, sec. 340

PoliceSee Officers ; Peace Officehs

Bail admission to bv officer in charge of station, 6 : 564

Interest in judgment of magistrate's court, punishment, 5 : 128 Neglecting to suppress riot, punishment, 5 : 600 Peace officers, are, 6 : 84

^ ^ i ^ ^ o.-.^. Receipts for money or property taken from defendant, b : b-b

Stolen or embezzled property, entries as to, 6 : 827

Portraits ^ r ooo Publication without consent, punishment, 5 : Sb6 PortsAt Canal entrances Freedom from taxes and charges, p. 843, art. 9 Panamanian customs houses and guards, p. 843, art. 9 Panama, of, use as refuge for vessels, p. 845, art. 17 Radio equipment on ocean-going vessels using, 2 : 361, 362 Possession

Compelling delivery to party entitled to, 3 : 2692 Fraudulent dispossession of self, how treated, 3 : 2840

Personal property, of, how recovered, 3 : 2691, 2692 Presumption of ownership from, 4 : 2007 Right of repossession can be transferred, 3 : 443 Writ of, in action to determine adverse claim to realty, 4 : 137

Possibility

Cannot be transferred, 3 : 442 Mere possibility is not an interest, 3 : 293

Possible See Impossibility

Object of contract must be, 3 : 852 What is deemed, 3 : 853

Application of United States postal laws, rules, and regulations. 2:271

Appointment of personnel, 2 : 272 Arms, carrying by person carrying mail, 5 : 872

Authority of Governor in respect to, 2 : 272 Crimes against . Application of laws of United States defining postal crimes, o : 111 Text of United States laws defining crimes, p. 912, sees. 301-361 1187
INDEX

Postal Service—Continued

Depomt money orders, ra'e of interest on, l! : 274 Expenses, defraying from revenue, 2 : 273

Interest on deposit money orders, 2: 274 Money-order funds, use of interest from, 2 : 275 Operating expenses, defraying from revenue, 2:273

Personnel, appointment, 2 : 272 Postage stamps, autliority to prescribe, 2 : 272

Post offices, establisliment or discontinuance, 2 : 272 Revenue

Defraying expenses from, 2 : 273

Interest from money-order funds as part of, 2 : 27.j Hules and regulations, authority to establish, 2 : 272 Stamps, stamped paper, authority to prescribe, 2 : 272 Posthumous Children

Birtii of, defeats future interests contingent on death without issue, 3 : 341 Deemed living at death of parent, 3: 650

Included in bequest to class, 3 : 59€ Property rights of, 3 : 291, 341 Succession by, 3 : 291, 554, 650

TTnborn child deemed existing person, 3 : 24 Posting

Defacing posted copies of laws or notifications, 5 : 842

Signs

On Government or Railroad property, punishment, 5 : 843 Warning against trespassing on reservations, 5 : 845 Without consent of owner of property, punishment, 5: 802 Postponement

See Continuance

Powers

See Powers of Attoenet

Insane persons cannot delegate, 3 : 32 Minors cannot give, 3 : 25

Realty, powers over, necessity of writing, 4 : 2015, 2016

Sale, power of in mortgage, 3 : 2241 ; 4 : 592 To devise, executed by devise of all testator's estate, 3 : 583 To executor, to appoint executor, void, 3 : 624 Powers of Attorney

See PowEKS

Gratuitous employee, duties under, 3 : 1323

^Mortgage, to execute, 3:2242

Practice See Civil Pkoceduke; CriminjU. Procedure

Particular actions or proceedings, in, see particular subject

Preference

Assignment for creditors, in, 3 : 2777, 2779

Delator's right to make, 3 : 2754 Pregnancy

Of defendant under death sentence, proceedings, 6: 528, 529 Preliminary Hearing

Bail For appearance at hearing, 6 : 546 Upon being held to answer before information, 6:546, 571-575 Commitment

Defective, habeas corpus proceedings on, 6:738-741; see Habeas

Corpus

District attorney may order discharge, 6 : 176

Filing infonnatiou after commitment and investigatiou, 6:174; see Information

Form of, 6:143

Investigation by district attorney after commitment, G: 173 Remanding cause to magistrate's court, 6:177

When and how made, 6:141-143

Corporation, on complaint against, 6:833, 834

Delivery of transcrijjt and papers to district attorney, 6: 149

1188
INDEX

Preliminary Hearing—Continued

Depositions at. when ni;iy he read, G: 14, 147

Dist'liargo of dot'emlant

Riftht to file information after, 7:3

When granted, 6 : 141

In general, : 141 ; 7 : 3 Jurisdiction of magistrate to hold, G : 141 ; 7 : 3 Keeping of i)apers on file, G: 148 Return of papers to magistrate when information not tiled, 6 : 149 Turning over undertakings or money deposits to district court, 6:150

Witnesses

Binding Government witnesses to appear at trial, 6:144, 145

Conditional examination wiiere unable to procure sureties, 6:14, 147 Imprisonment on refusal to give undertaking, G : 14G Presence

Defendant, of, see Defendant

President

Accounting by collecting oflBcers of Canal, authority to regulate, 2 : 32

Acquisition or exchange of lands for Canal, by, 2 : 3 Boxing exhibitions, authority to regulate, 5 : GOG Breaches of peace and disorderly conduct, authority to make regulations

respecting, 5 : 591, 592 Canal Zone, government by Presiilent througli Governor and others, 2 : 5 Designation of Army officer to control Canal in time of war, 2 : 8 Divisions of district court, to determine boundaries of, 7 : 22 Employees, authority of President respecting appointment, removal, and

compensation, 2 : 81 Governor, appointment by President, 2 :

Harrison antinarcotic act, authority to effectuate in Canal Zone, p 977

sec. 1054 • . 1 . Healing art, authority to authorize issuance of licenses to practice, 2 : 372 Highways, authority to regulate use of, 2 : 321 Indecent or immoral conduct, right to make regulations concerning

5:391, 392 Land survey of Canal Zone, authority to require, 2 : 303 Leases of public lands, authority to grant, 2 : 303

Licensing of olRcers of vessels navigating Canal Zone waters, authority

to regulate, 2:9

Magistrate's court, rules governing, authority to establish, 7 : 6 Navigation of waters of Canal Zone, authority to regulate, 2:9

Operation of Canal

Authority to regulate, 2 : 9 By President through Governor and others, 2 : 5 Passage and control of vessels through Canal, authority to regulate, 2 :

Pilots and pilotage in Canal and approaches, authority to regulate, 2 :

Right of persons to enter or remain in Canal Zone, authority to regulate, 2 : 141

Sanitation, health, and quarantine, authority to make regulations "? • 371-

373

'

' "

Self-propelled vehicles, authority to regulate use and operation of, 2 : 321 Taxes, authority to regulate, 2 : 401, 402 Towns and subdivisions of Canal Zone, authority to determine, 2 :

Vessels, authority to operate facilities and appurtenances for, 2 : 51 Wireless telegraphic installations, authority to cause to be maintained,

2:421

PressFreedom of, 1:1

Presumptions Are indirect evidence, 4 : 2001

Conclusive presumptions, enumeration of, 4 : 2006

Definition of, 4:2003

Disputable presumptions, enumeration of, 4 : 2007

Effect of, 4:2005

Information need not state, of law, 6 : 193

Innocence, of, 4:2007; 6:363

1189
INDEX

Presumptions—Continued

Malicious and guilty intention, of, G : 374 May be controverted when, 4 : 2005 Witness presumed to speak truth, 4 : 1S64 Pretenses

See False Pretenses

Prevention

Lawful resistance to crime, see Resistance; Self-Defense

Of crime, refusal to aid office)-, punisliment, 5 : 175 Preventive Relief See Injunction

How given, 3 : 2683 When given, in general, 3 : 2G11, 2681 Previous Conviction

See Former Jeopardy ; I'lea ; Subsequent Offenses

Principal See Accessory ; Incident

Incident passes by transfer of, 3 : 472, 2862 Transfer of incident does not transfer, 3 : 472, 2862

Principals

Acessories to crime, see Accessories

Parties to crime are principals and accessories, 5 : 51 Prosecution as principals of all persons concerned in felony, 0:211

Who are principals to crime, 5 : 52 Principal and Agent

See Agency

Principal and Surety

See Suretyship

Prior Conviction See Former Jeopardy; Subsequent Offenses

Priority See Preference

Time, priority in, is priority in right, 3 : 2847 Prisoners

See CoN\iCTS ; Jails ; Penitentiary

Attorney's right to visit, 6 : 12 Becoming insane, commitment to Corozal Hospital, 4 : 1760

Court, how In-ought into, 4 : 2050, 2051 ; 6 : 601, 905

Depositions of, 4:2050, 2051 Discharge of persons imprisoned on execution in civil actions, 4 : 1121-1132 Escape

in general, see Escape

Reward for apprehension, 6 : 851 Inhumanity to, punishment, 5 : 177 Injury to person of, punishable, 6:903

Permit to habitual criminals to be at liberty, 5 : 75, 76

Receipt and detention at penitentiary, 6 : 902 Rescue of, punishment, 5 : 206 Transfer from one penal institution to another, 6 : 904

Witnesses, production of prisoners as, 4 : 2050, 2051 ; 6 : 661, 905 Prisons

See Convicts ; Jails ; Penitentiary ; Prisoners

Private Statutes See Statutes

Privilege

Witnesses, of, see Witnesses

Privileged Communications

See Libel ; Slander ; Witnesses

Prize Fighting

Boxing exhibitions permitted under regulations, 5:606

Offenses respecting, 5 : 606. 607 Probate Proceedings

See Estates of Decedents ; Executors and Administr.\tors ; Public Ad- ministrator ; Wills

1190
I2JDEX

Probate Proceedings—Coutinued

Citation How served, 4 : 1GS5 Issuance and requisites, 4 : 1(583, 1684 Personal notice given by, 4 : 1686 Time for service, 4 : 1GS7

Costs, 4 : 1692

Decisions, signing and filing of, 4 : 1691 Fees in, 4 : t)S4 Guardian, service on and apiiearance by, 4 : 1604

Heirs, issue or children, proceedings to determine identity, 4 : 1695

Heirship, action to determine, 4 : 1621

Issues, how tried, 4 : 1690, 1691 Judgment

Conclusiveness of, 4 : 1934 Enforcement, 4 : 1690 How entered, 4 : 1681, 1690 What to contain, 4 : 1681 New trial, grounds for, and procedure governing, 4 : 1689, 1691

Notice

How given by public administrator, 4 : 1717

Personal, to be by citation, 4 : 1686 Orders

Conclusiveness of, 4 : 1934 What to contain and how entered, 4 : 1681

Parties in, 4 : 1690

Practice, rules, in general, 4 : 1688

Publication, how often to be made, 4 : 1682

Trial of issues, 4 : 1G90, 1691

Wills, probate of, see Wills

Probation

Imposing fine and also placing upon, 6 : 500

Period of, 6 : 500 Placing defendant on and suspending sentence, 6 : 500 Revocation or modification of conditions of, 6 : 500 What may be required of defendant on, 6 : 501 Procedure

See Civil Peoceduke ; Criminal Proceduee ; Trial

Admiralty, in, 7 : 25

English language, to be in, 4 : 34 Process

See Summons

Adoption of suitable process where none provided, 4 : 35 Amendment of, power of court, 4 : 23 Chambers, power of judge at, to issue, 4 : 27 Compelling attendance and production of papers before Canal officers, 2:43

Control of, power of court, 4 : 23 Criminal actions, in, see separate subhead, infra Defined. 4 : 8 Designation of process agent

By company applying for permit to sell securities, 3 : 242, 244 By foreign corporation applying for license, 3 : 221 Disobedience of, as contempt, 4 : 1163 Divorce proceedings, in, 4 : 181

Joint debtors, to, after judgment, 4 : 901-903

IMagistrate's court, in, see Magistrates' Courts

Service Associates in business, on, 4 : 144 Duty of marshal, 7 : 41 Fees for service or attempted service, 4 : 986, 987 Guardian, on, in probate proceedings, 4 : 1694

In either division, 4 : 151 On company authorized to sell securities, 3 : 242

1191
INDEX

Process—Coutinued

Service—Contiimed

On foreign corporation, 3 : 221 ; 4 : 166, 168 Suunnons, service of, see Summons

Signifies wliat, 4: 8 Summons, see Summons

IN CUIMINAL ACTIONS

Arrest, see Akrkst ; Waiikant of Arkest

Defined, 5 :

I )isob4'dience of, as contempt, 5 : 212

re?!ce officer may summon assistance in serving, 6:87

Style of, 6 : 6 Proclamations

Dcfacip.g posted copic'^, 5:842

Production of Documents

See Inspection oi'' Whitings

Compelling production

Before certain Canal officers. 2 : 42, 43 Wliere one is a Avitness, 4 : 921

Notice to produce, necessity of, 4:1872, 1970 Partv obtaining:;, need not introduce in evidence, 4: 1971

Wills, 4:1211, 1215, 1218 Products of the Mind

I'roperty in, 3 : 381-386 Profane Language

Disturbing religious oi- other meeting by, 5 : 593 Use of, punishment, 5 : 602

Prohibition

Alternative, requisites and form of, 4 : 1073

Defined, 4 : 1071 Hearing, time for, 4 : 1081

Issues in what cases, 3 : 2681 ; 4 : 1072 Peremptory, requisites and form of, 4 : 1073

Practice, rules of, 4 : 1091 Keturn and hearing, time for, 4:1081

Verified i)etition, issues on, 4 : 1072 Promise of Marriage

Damages for breach, 3 : 2658 Promissory Notes

See Negotiable Instruments

Bill of exchange may be treated as, when, 3 : 2495

Defined, 3:2581

Definitions affecting, 3 : 2591 Joinder of parties to commercial paper, 4:139

Negotiability, 3 : 2581 Proof

See Evidence

Instruments, of, see Acknowledgments

Property

See Personal Property ; Real Property

Accession to. see Accession

Accumulations, 3 : 321-325 ; see AccuiruLATiONs

Acquisition of, modes of, 3 : 401

Alienation, restraints upon, 3:305, 311, 312; see Alienation

Aliens may hold, 3:262

Classes of, 3:254

Common, interests in, 3: 275, 278, 279; see Tenants in Common

Community property

Defined, 3:140, 280

In general, see Divorce ; Husband and Wife

Conditions of ownership Are precedent or subsequent, 3 : 302

Certain conditions precedent void. 3:303

Conditions restraining alienation void, 3 : 305

1192
IH^DEX

Property—Cimtinued

Conditions of ownersliip—Continued

Conditions restraining;- nitirriu.ue void. 3:304

In general, 3:301-30.") Confusion of goods, 3 : 413-421

Contingent interest defined, 3 : 288

Defined, 3 : 12, 251 ; 4:8; 5:5

Due process of law, 1 :

Enjoyment, fixing time of, 3 : 301

Fixtures, see Fixtures

Fraudulent conecalment or removal li.v debtor, punislinieut, 5:231, 232 Future interests Contingent when, 3 : 288

Defeated, when are, 3 : 341, 342

Defeated, when tire not, 3 : 343, 344

Entitle owner to possession at future period, 3 : 283 How may pass, 3 : 292

Income, wlio entitled to where no disposition made, 3 : 332 Kinds of, 3:280

May be alternative, 3 : 289 Meaning of lieirs and issue in grant, 3 : 466 Mere possibility is not an interest, 3 : 293

Qualities of, 3:292

Recognized, wliat future interests are, 3:294

Restraints upon alienation, 3 : 305, 311, 312 Rights of postliumous cliild, 3 : 291 Time of creation of, 3 : 352 Two or more in alternative, 3 : 289

Vested, when are, 3 : 287

Void, what are not, 3 : 290 Grant of, see Gkants

How acquired, 3 : 401 Husband and wife, of, see Husband and Wife

Includes realty and personalty, 3 : 12 ; 4:8; 5:5

Income

Accumulation of, 3:321-325

Defined, 3 : 351 Undisposed of, to whom belongs, 3 : 332

Increase of, ownership of, 3 : 331 Injury to, defined, 4 : 15

Interests in As to time of enjoyment, 3 : 281

In general, 3:271-294

Time of creating, 3 : 352

Inventions, rights in, 3:381-386

Joint interests in, 3 : 275, 276, 279 ; see Joint Tenants

Kinds of, 3 : 254

Letters, to whom belong, 3 : 386 Limited interest defined, 3 : 285

Literary property, 3 : 381-386 : see Literary Property

Lost property, see Lost Property

Malicious injury to, see Malicious Mischief

May exist in what things, 3 : 252 Mere possibility is not an interest, 3 : 293 Modes in which acquired, 3 : 401 Nature of, 3 : 251-258 Ownership of Absolute, when Is, 3 : 271, 272

Aliens may own property, 3 : 262, 263 AU property has an owner, 3 : 261 Classes of ownership by several persons, 3 : 275

Defined, 3:251

Joint, defined, 3 : 276 May exist in what property, 3 : 252, 253

Modifications of, in general, 3 : 271-325 98083—34 76 1193
I^iDEX

Property—Continued

Ownership of—Continued

Presumption of, 4 : 2007

Qualified, when is, 3 : 271, 273

Several ownership, 3 : 274, 275

Sole ownership, 3 : 274 Time of creation, 3 : 352 Who may own property, 3 : 262 Partnership Interests, 3 : 275, 277 Perpetual interest defined, 3 : 284

Personalty, see Pbksonal Property

Posthumous children, rights of, 3 : 291, 341 Present interest defined, 3 : 282 Products of the mind, 3 : 381-386 Real or personal, property is, 3 : 254

Restraints upon alienation, 3 : 305, 311, 312 ; see Ai-ienation Tenants in common, see Tenants in Common

Time of enjoyment

Fixing, 3:301

Interests as to, classified, 3 : 281 Transfer of, see Grants ; Transfer

Value as determining grade of offense, 5 : 10, 667 Prosecution

See Complaint ; Information ; Former Jeopardy

Civil actions Dismissal for failure to issue or serve summons, 4: 41(5 Dismissal for want of prosecution, 4 : 418 Criminal actions Dismissal for want of prosecution, 6 : 791 Information, what offenses prosecuted by. 6: 172 To be in name of Canal Zone Government, 6 : 5 Prospectus

Unauthorized use of name in, 5 : 754

Prostitution Disorderly house, keeping, punishment, 5 : 456 Enticement for purposes of, 5 : 406 House of Enticing female into, 5 : 406

Keeping, punishment, 5 : 455, 456

Prevailing upon person to visit, 5 : 457 Residing in. punishment, 5 : 455

Seduction for purpose of, corroboration of prosecutrix, 6 : 376 White-slave traffic act, p. 934, sees. 397-404

Provisional Remedies

See Arrest; Attachment; Claim and Dexivery ; Deposits in Court;

Injunction ; Recejvers

Affidavit may be used to obtain, 4 : 2071

Public Administrator Account Duty to account in general, 4 : 1709 May be ordered at any time, 4 : 1713 When letters granted to another, 4 : 1710

Actions to recover proix'rly of estate, 4: 1712

Alien dying intestate, disposition of estate, 4 : 1706 Appointment, 4 : 1701 Balboa division, proceedings conducted in, 4 : 1201 Bond of As administrator, 4: 1707 As guardian, 4 : 1747

Burial expenses of deceased persons, provision for payniejit by, 4 : 1704 Commissions of, 4:1567, 1715

Costs, security for not required of, 4 : 1024

IVM
INDEX

Public Administrator—Contiuued

Death, givinii notifo i)f to public juliniiiistrator, 4: 1708 Delivery of iiioi)erty Coniprisiiifj estate of alien who dies intestate, 4 : 1706 To heirs or executors, may be ordered, 4 : 1713 To regularly appointed executor or administrator, 4 : 1705, 1710

Disposition of estate of alien dying intestate, 4 : 170(5 Duty on appointment of regular administrator, 4: 1705, 1710

Estates less than $150, how handled, 4 : 1703

Estates which may be administered by, 4 : 1311, 1381, 1702 Expenditures, interest in, forbidden, 4 : 1714 Expenses of last illness, powers and duties in relation to, 4 : 1704 Funeral expenses of decedent, provision relating to, 4: 1704 Guardian, appointment of public administrator as, 4: 1747 How to administer estates, 4 : 1703, 1709

Interest in expenditures forbidden, 4:1714

Inventory, 4 : 1709

Letters of administration, procurement of, 4 : 1707 No administration on estates under $150, 4 : 1703

Notice, how given by, 4 : 1717

Notice to Of death, 4 : 1708 Of estate liable to waste, 4 : 1711 Oath of As administrator, 4 : 1707 As guardian, 4 : 1747 Oaths may be administeretl by, 4 : 1716 Order of persons entitled to administer, 4 : 1311 Payment to, of compensation due deceased or insane employee, 4 : 1705

Provisions governing, 4 : 1717 Recovery of property of estate, 4 : 1712

Salary or claim due deceased or insane employee, receipt of, 4:1705

Waste, civil officers must inform of, 4 : 1711 What estates may be administered by, 4 : 1311, 1381, 1702 Publication

Affidavit to prove, 4 : 2072, 2073

Default, where service by, procedure, 4 : 421 Evidence of, 4 : 170, 182, 2072, 2073

Letters, right to publish, 3 : 386

Libel, what constitutes, 5 : 355

Notice of petition for probate, of, 4 : 1216

Portrait or caricature, punishment, 5 : 363 Probate proceedings, how often to be made, in general, 4 : 1682 Products of mind, effect of, 3 : 384

Service by, in magistrate's court, 4 : 701 Summims. when and how made, 4:168, 169, 182; see Summons

Public Buildings Lease of buildings by or to Government, p. 986, sees. 40a, 303b

Placing signs on, punishment, 5 : S43 Public Contracts Advertisement for proposals, p. 987, sec. 5 Panama Railroad Company and departments of Government, between,

2:223

Purchase of supplies without advertising where amount does not exceed

$500, 2 : 351

Specification and use of American materials, p. 987, sees. lOa-lOc

Public Defender

Appointment, compensation, and duties, 7 : 43 Assignment as counsel on arraignment, 6 : 228

Public Health

See Health

Public Justice Crimes against, 5 : 121-234

1195
INDEX

Public Lands

Acquisition by United States of title to lands in Canal Zone, 2 : 301, 302 Hunting upon

Pei-mits to have and carry anus, authorized, 5:873

Regulation of, 5 : 873-877 Lease of, 2 : 303 Revocable licenses for lots in town sites, 2 : 304 Survey of, 2 : 303

Public Meetings

Disturbing, punishment, 5 : 593

Public Moneys

See Accounting ; Finance

Defined, 5 : 621 Embezzlement, no limitation in prosecution for, 6 : 61 Neglect by officers to pay over, in general, 5: 624

Offenses By employees who collect or receive, 5 : 623 By persons charged with receipt and disbursement. 5 : 622 Postal funds, misappropriating, p. 930, sec. 355

Public Offenses

Defined, 5 : 21 ; see Cbimr

Public Officers See Officers

Public Property

Placing signs on, punishment, 5 : 843 Trespassing upon after posting, 5 : 844-846

Public Records

See Records

Public Reads

See Highways

Public Works

Hours of labor on, p. 987, sec. 321

Specification and use of American materials, p. 987. sees. lOa-lOc

Public Writings

See Written Instruments

Punishment

Accessory to felony, of, 5 : 54 Act made punishable in different ways, how punished, 5 : 27 Aggravation of, hearing circumstances in, 6 : 494, 495 Cruel or unusual, forbidden, 1 :

Determination of Duty of court, 6 : 482 Hearing circumstances in aggravation or mitigation, 6:494, 495

Mitigation when act already punished as contempt. 6: 496 Where minimum only is prescribed, 6 : 484 Where undetermined between limits, 6 : 483 Duty of court to impose, 6 : 482

Felony, where not otherwise prescribed, 5 : 25 Misdemeanor, where not otherwise prescribed, 5:25

Mitigation of. hearing circum.'^tances in. 6:494. 495

Offense for which no penalty prescribed, 5 : 31 Particular offense, see particular subject Persons lial)le to, 5 : 56 ; 6 : 3 Punitive Damages

See Damages » Qualification ^ Bail, see Bail 1 Sureties, see Sxjbetyship

Quarantine

Bringing in animals and violating quarantine proclamation, punishment.

5 : 566

Officers Administration of oaths for certification of official papers, 2 : 41 Compelling attendance of witnesses before, 2: 42, 43 1 Compelling production of papers before, 2 : 42, 43 \

') 1106
INDEX

Quarantine—Continued

Receiving" or transportiiiu uninials in violation of, 5 : HOT Regulations in matters of Authority of I'resident to promulj^ato, 2:371

Puuisiiment of violations, 2 : 873 Quieting Title Action to determine adverse claim to property, who may bring, 4 : 661, 951 Construing will in action, 4 : 661 Costs not allowed on default or disclaimer, 4 : G62 Executor, quieting title l)y, 4:144(1

Heirs or devisees Possession for purpose of suit, 4 : 1521 Quieting title by, 4 : 1440 Improvements, setting off against damages, 4:664

Money, action to determine adverse claim to, 4:956

Survey of land in dispute, 4 : 665, 666 Termination of piaiiitiff's title during action, 4:663

Who may bring action, 4 : 661, 951 Writ of possession, right to on recovery, 4 : 137 Radio

Equipment required on ocean-going vessels using ports, 2 : 361, 362

Representation of Canal Zone in international radio matters, p. 998,

sec. 115 Wireless telegraphic installations, 2 : 421 Railroads

See Caeriees ; Panama Railroad (,'oJiPANY ; Street Railways

Boiler explosion, mismanagement causing, ijunishment, 5 : 521, 523

Collision causing death, punishment of negligent employee, 5 : 524 Crossings

Omission to give warning at, punishment, 5 : 525 Operation of street-railway cars at, 2 : 832

Debt, contracting in excess of means, 5 : 760

Fare, boarding train with intent to evade payment, 5 : 828

Intoxicated, certain employees becoming, punishment. 5 : 526 Jumping on or off train in motion, punishment, 5:829

Labor train, riding on without authorit.y, 5 : 880

Liability for injuries to employees, p. 989, sees. 52-59

Malicious injury to railroads or railroad bridges, 5 : 826 Monopoly for construction and operation, grant to United States, p. 841,

art. 5 Overcharges by agents, 5 : 688 Riding on roof or platform of train, punishment, 5 : 829 Robbery, boarding train wit!i intent to rob, 5 : 294

Safety appliance acts extended to Canal Zone, 2 : 241-244 Taking packing or waste from journal boxes, punishment, 5 : 827

Tickets

Counterfeiting, 5 : 739 Evaluation in larceny, 5' : 776 Larceny of where completed but n.ot delivered, 5 : 777 Restoring canceled, 5 : 740 Train wrecking, punishment of attempts, 5:303

Rape

See Prostitution

Assault to commit, punishment, 5 : 311

Defined, 5 : 401

Gist of offense, 5 : 403 Murder in perpetration of, degree. 5 : 258

Penetration sufficient, 5 : 403 Proof of physical ability where defendant under foiirteen, 5:402

Punishment of, 5 : 404

Ratification Of agent's acts, see Agency

Of contract voidable for want of consent, 3 : 844

1197
INDEX

Real Property

See Pkopeuty

Adverse claim, see Quieting Title

Agreements respecting, necessity of writing, 3:886; 4:2015-2017

Coextensive with lands, tenements, 3 : 12 ; 4:8; 5:5

Consists of what, 3 : 255 Contract hy decedent to convey, compelling completion, 4 : 1541-1551

Defined, 3

:' 12 ; 4:8; 5:5

Ejectment, see Ejectment,

Evidence, admissibility of instruments art'ecting, 4 : 1982

Execution, how subjected to, 4 : 583, 585 ; see Execution

Forcible entry and unlawful detainer Proceedings for recovery, see Forcible Entry and Unlawful

Detainer

Punishment as offense, 5 : 605

Includes what. 3 : 12, 255 ; 4:8; 5:5

Kinds of, 3:255

Land defined, 3:256

Larceny, severing and removing parts of realty, 5 : 778

Malicious injury to, punishment, 5:802

Mortgages on, see Foreclosuke of Mortgages ; Mortgages

Parties in action respecting, 4 : 133, 137

Pleadings, description in, 4 : 254 Property is either real or personal, 3 : 254

Quieting title, see Quieting Title

Reentry, transfer of right to, 3 : 443 Retaking possession after removal by process, a misdemeanor, 5 : 180

Statute of frauds as affecting transfers of or agreements respecting,

3:886; 4:2015-2017

Summary proceedings for obtaining jwssession of, 4 : 1141-1158

Title, see Title

Twice selling, punishment, 5 : 696 Writ for possession of, 4 : 137 Reasonable Doubt

Acquittal In case of, 6 : 363 Degree of crime, as to, effect, 6 : 364

Instruction as to, 4 : 2131 Receipts

As evidence of payment, 4 : 2007 Presumptions arising from, 4 : 2007 Right to demand, 3 : 745 ; 4 : 2152 Tax or license Failure to give proper receipts, 5 : 626

Possession of improper blanks, 5 : 627 Warehouse receipts, see Warehousemen

Receivers

Grounds for appointment, 4 : 381, 382 Investment of funds in hands of, 4 : 386 Oath of, 4 : 384 Powers, 4 : 385

Qualifications, who may not be appointed, 4:383

Reviewed bv Circuit Court of Appeals of interlocutory decrees, 7 : 61 ; p. 982, sees. 225, 227 Trust companies as, 4 : 1281 Unclaimed funds, disposition of, 4 : .387 Undertaking of, 4 : 384 Undertaking on ex parte application for, 4 : 383 Receiving Stolen Goods

See Larceny

Recognizances

See Bail ; Bonds ; Suretyship

Sureties on, when are called bail, 3 : 2049 Recording

Adoption, order of, 3 : 193 Assignment for creditors, of, 3 : 2780, 2781

1198
tSDEX

Recording—Continued

Certificate of redemption from execution, 4 : (504 Chattel mort,i?age, 3 : 2204, 2265

Clerk as ex ollicio registrar of property, 4 : 9G7

Conditional sales contract, 3:10(58 False or forged instrument, olTering for record, punishment. 5: 133 Guardian's letters, 4 : 1729 Inventory of wife's property, 3 : 141, 142 Judgment proving instrument entitles it to record, 3:510

Letters of administration, and testamentary, 4:1351

Marriage declaration, 3:60

Marriages and marriage licenses, 3 : 61-63 Mortgage

Assignment of, 3:2244, 2245 Power of attorney to execute, 3 : 2242

l*artition of decedent's estate, 4 : 1639 Proof of instrument for record. 3 : 491-511 Proper books of record to be kept, 4 : 967

Verdict, 6 : 419 Records

Alteration as forgery, 5 : 721, 722 As evidence, see Evidence

Constructive notice, records of registrar as, 4 : 967 Contents of, how proved, 4 : 1872 Copy of

Certified, see Certified Copies

Officers to give, 4 : 1921

Seal, 4:25

Court, parties cannot contradict record of, 4 : 1854 Criminal action, what constitutes record in, 6:499

Destruction or mutilation, punishment, 5:103, 131, 132 Entries in official books are prima facie evidence, 4 : 1946, 1951

Falsification As forgery, 5 : 721, 722 No limitation in prosecution for, 6 : 61 Punishment, generally, 5 : 131, 132

Foreign, how proved, 4 : 1944 Forged or altered, offering in evidence, a felony, 5 : 161 Forgery of, 5 : 721

Judicial, see Judicial Records

Official, how proved, 4 : 1944

Public, of private writing, how proved, 4 : 1945

Public writings, what are, 4 : 1912 ; see Written Instruments Removal of public records from office, 4 : 1981 Secondary evidence of, 4 : 1872

Stealing of, punishment, 5 : 131, 132 United States or Territories, proof of records of, 4 : 1950

Vv'ithholding by officer from successoi*, punishment, 5 : 103 Redemption

See Liens

Decedent's estate, of, by judgment debtor, 4 : 1486

Execution, from, 4 : 602-608 ; see Execution

Mortgage foreclosure, from, see Foreclosure of Mortgages

Reference

Application of parties, when ordered upon, 4 : 512

Bill of exceptions, settlement by referee. 4 : 525

Bribe, referee asking or receiving, 5 : 122 Bribery of referee, 5 : 121 Consent of parties, when ordered upon. 4 : 511

Court's own motion, when ordered upon, 4 : 512

Disqualification of referee, grounds for, 4 : 513

Evidence, rules of, in general, 4:2183

Fees of referee, ajjionnt of, 4:990

1199
INDEX

Reference—Continued

Fiuding

Effect and force of, 4:516, 517 How excepted to and reviewed, 4 ; 517 Judgment on, 4 : 516 Report of, 4 : 515 Grounds for ordering, 4 : 511, 512 Improper agreement or receipt of information by referee, 5 : 127

Influencing referee corruptly, punisment, 5 : 126 Judgment on finding, 4 : 516

Oiijections to referee, 4 : 513, 514 Two of three referees may act, 4:959

Reformation of Contracts

Inquiry into intention of parties, 3 : 2713 Presumption as to intent of parties, 3 : 2712 When contract may be revised, 3:2711

Registrar of Property

See Recording ; Records

Cierli as ex officio registrar, 4:967

Proper books of record to be kept, 4 : 967 Regulations

Accounting by collecting officers of Canal, 2 : 32 Arrest for violations, general authority, 5 :

Bird protection, 2 : 291 Boxing exhibitions, 5 : 606 Breaches of the peace, 5 : 591, 592 Disorderly conduct, 5:591, 592 Domestic animals, keeping and impounding, 2:201, 202 Entry and importation of goods, 2 : 61 Exclusion and deportation of persons, 2:141

Ferry, operation and maintenance of, 2 : 342 Healing art, practice of, 2:372

Highways, use of, 2 : 321 Hunting, 5 : 875 Indecent conduct, 5 : 391, 392

Inspection of vessels, 2 : 153 Licensing of officers of vessels navigating Canal Zone waters, 2 :

Modification or annulment of regulations under Panama Canal Act, right

jreserved, 2 :

Navigation of waters of Canal Zone, 2 :

Operation of Canal, 2 : 9 Passage and control of vessels through the Canal, 2 :

Pilots and pilotage in Canal and approaches, 2:9

Postal service, and operation tlier eof, 2 : 272 Right of persons to enter or remain in Cima! Zone, 2: 141

Sanitation, health, jind quarantine, in matters of, 2:371-373

Self-propelled vehicles, use and operation of, 2 : 321 Taxes. 2:401, 402 Relationship See Consanguinity; Kindred; Succession

Degrees, how computed, 3 : 636-640

Half-blood, rigiit to succeed, 3:641

jNIarriages void between persons rehited l«y consanguinity, 3:53

Right to defend relatives, 3 : 48

General, extent of, 3:792

Joint debtor, effect, 3 : 793

Obligation extinguished by, 3:791

Relevancy

See E\aDENCE

ReliefSee Compensation ; Damages

In general, 3:2611

Judgment, relief against, see Judgment

Preventive, see PRE:\ENTr\'B Relief

Specific, see Specific Rexief

1200
INDEX

Religion

Laws respecting estubli-shment or Iree exercise, forbidden, 1 : 1 Religious Meetings

Disturbance, punisiunent, 5:593

Remedies

See Actions

Declaratoiy relief, see Declaratory Rei.ieb' Exist for every wrong, 3 : 2845

Judicial, defined and classified, 4 : 9

Merger of civil and criminal, 4 : 18 Preventive relief, see Preventive Relief

Specific relief, see Specific Relief

Removal of Actions

Civil. 4 : 153, 682, 683

Criminal, 6:291-298 Rents

See Landlord and Tenant

Presumption respecting payment, 4 : 2007 Replevin

See ClxVim and Delivery

Reporter

Absent, who to talie testimony, 4 : 957

Judicial oflicer asking or receiving fees of, 5: 124

Offering or paying fees for appointment. 5 : 125 Reports of court reporter are prima facie evidence, 4 : 36 Representations

False, see Fraud

Reprieves For offenses. Governor may grant, 2 : 261 Res Adjudicata

See Judgment

Admiralty record or judgment of foreign country, conclusiveness. 4 : 1940 Annulment of marriage, conclusiveness of judgment, 3 : 59

Foreign judgment, conclusiveness of, 4 : 1941 General rules as to conclusiveness of judgment, 4 : 1834, 1935, 2006 Grounds for impeaching judicial record, 4 : 1942

Indemnitor, when bound by judgment against person indemnified, 4 : 961

Orders, conclusiveness of, 4 : 1934, 1935, 2000

Parties deemed same when. 4 : 1936

Principal, when bound by judgment against surety, 4 : 1938

State, conclusiveness of judicial record of, 4 : 1939

Successors in interest, how far bound by judgment, 4 : 1934 What deemed adjudged in a judgment, 4 : 1937

Rescission

Cancelation, see Cancelation

Compensation, court may require to be made, 3 : 2723 Extinguishes contract, 3 : 951 Grounds for, 3 : 952, 953, 2721 How accomplished when not consented to, 3 : 954

Infant, by. 3 : 27 Insane person's contract, 3 : 31 Mistake, for, when granted, 3 : 2722 Requirements on adjudging, 3 : 2723

Seller of goods, by, 3 : 1041, 1045

Stipulations against right to rescind, effect, 3 : 953 When may be adjudged, 3 : 2721 Rescue

See Escape

Person or property in custody, as contempt, 4 : 1163 ; 5 : 212

Prison.er, of, from penitentiary or jail, punishment, 5 : 206 Retaking person rescued from arrest, 6 : 100, 101 Reservations

Government or Railroad, trespassing upon after posting, 5 : 844-846

Reservoirs

Injuring or obstructing, 5 : 837. 838

1201
INDEX

Residence

See Domicile; Nonresidents

Divorce, residence of plaintiff for purposes of, 3 : 108 Husband may select, 3 : 81, 82, 132 Ward's, power of guardian to fix, 4: 1726 Resistance

Arrest, to, means authorized in case of, 6 : 93 Crime, to, extent of right, 6 : 31-33 Executive officer, to, punishment, 5 : 104 Public officer, to, punishment, 5 : 178 Restaurants

Alterini^ checks or coupons, 5 : 741 Restraining Order

See Injunction

Restraint

Alienation, when void, 3:305, 312; see Alienation

Marrinye. when void, 3 : 304

Unnecessary, before conviction, prohibited, 6:11, 82 Restraint of Trade

Combinations in, p. 892, sees. 12-27

Contracts in, validity of, 3:935,936

Retirement of Canal and Railroad Employees

Accredited service, computation of, 2 : 97

Actuaries, board of, 2: 104 Adjudication of claim for annuity, 2 : 102

A<lministration, 2:105, and note Annual report, 2 : 105 Annuities

Applications for, 2 : 102 Connnencement of, 2 : 102 Method of computing, 2 : 96 Payment of, 2 : 102 Appeal from final action or order, 2 : 105 Automatic retirement, 2 : 92

Benefits extended to those already retired or separated from service, 2 : 103 Board of actuaries, 2: 104

Certificate issued to annuitant, 2 : 102

Civil service retirement Jict, relation to Canal Zone act, 2:107

Computation of accredited service, 2 : 97 Continuance in service beyond retirement age. 2 : 92

Credit for past service, 2:98

Date for authorized retirement of Federal jiersonnel, 2 : 94, note Deductions from salaries Credited to individual accounts, 2:101

In general, 2 : 99 Return of amounts. 2 : 101 Deposit by employees coming within article after July 1, 1931, 2: 98

Disability retirement, 2 : 94

Effective date of article, 2: 107 Employees to whom article applies. 2:91

Estimates of appropriations necessary, 2:105

Fund

Establishment. 2 : 99 Evaluation of, 2 : 104

^ Investment of portions of, 2:100

J Involuntary separation fvam service, 2:95. and note ? Medical examinations in case of disability retirement. 2:94 | Method of coniputing annuities, 2:96 > Moneys not assignable or subject to legal process, 2: 106 > Optional retirement at sixty in certain cases, 2:92 I Past service, credit for, 2 : 98 Payment of ainiuities In general, 2 : 102 When employee legally incompetent, 2:101

Refunds, payment of, 2 : 102

1202
INDEX

Retirement of Canal and Railroad Employees—Continued Return of amounts deducted from salaries, 2:101

Rules and regulations, 2 : 105 Voluntary retirement at lifty-flve in certain cases, 2 : 93 Retroactive

Civil code is not, 3 : 3, 6

Civil procedure is not, 4 : 3 Criminal code is not, 5: 2 Criminal procedure is not, as to proceedings begun, 6 : 2 Revenue

Offenses respecting public revenue, 5 : 621-627 Review, Writ of Application for writ

How made, in general, 4 : 10.33 Rules authorized respecting manner of apiilicatinn in criminal action;-

p. 983, sec. 723a

Certiorari denonunated writ of review, 4 : 1031 Directed to whom, 4 : 1034 Extent of review under, 4 : 1038 Form of writ, 4:1035

Hearing on return, 4 : 1039, 1081 Judgment

Copy to inferior tribunal, 4 : 1040 Rendition of. 4:1039

Judgment roll, what constitutes, 4 : 1041

Petition for writ, 4 : 1033

Practice, sections which apply to, 4 : 1091 Return of writ

Perfecting defective return, 4 : 1039 Time for, 4:1081

With required transcript, 4 : 1034, 1035

Service of, manner of, 4 : 1037

Stay, effect of, as, 4 : 1035, 1036 What to contain, 4 : 1035 When may be granted, 4 : 1032 Revision of Contract

See Re3X)rmation

Revocation

Gift, of, 3:483, 486

Letters, of, see Executors and Administrators

Proposal to contract, of, 3:842, 843

Will, of, see Wills

Reward

Authorized for escaped convicts or for certain offenders. 6 : 851 Finder of property, of, 3 : 1212, 1214 For procuring return of fugitive to Canal Zone, forbidden, 6 : 871

Ofl5cer asking or receiving for oflScial act, 5 : 94, 123 Rights

Enumeration of personal and civil rights. 1 : 1 ; 3 : 41 Riot See Rout; Unlawful Assembly

Definition and punishment, 5 : 594, 595 Neglect of ofl5cer to disperse rioters, 5 : 600 Remaining at after warning to disperse, 5 : 599 Rivers

See Waters

Roads

See Highways

Robbery

Assault to commit, punishment, 5 : 311

Defined, 5:291

Fear as an element in, 5 : 292 Murder in perpetration of, degree, 5 : 253 Punishment of, 5:293

1203
INDEX

Robbery—Continued

Stolen property, bringing into Canal Zone, 5 : 56, 788

Train, boarding with intent to rob, 5:294

Rout

See Riot

Definition and punishment, 5 : 596, 598 Remaining at after warning to disperse, 5 : 599 Rules

See Rbgiilations

District court, of, judge to prescribe, 7 : 27

Evidence, of, see Evtdexcb

Magistrate's court, rules authorized governing, 7 : 6

Pleading, of. see Pleading

Procedure after verdict or finding of guilt, Supreme Court may prescribe,

p. 983, sec. 723a Sabanas Road

Maintenance, p. 854, art. 8 Safety Appliance Acts Extended to Canal Zone, 2:241-244

Sailors See Seamen

SalesSee Estates of Decedents ; Execution ; Foreclosure of Mortgage ; Guardian AND Ward; Transfer

Acceptance of goods

Action for damages not barred by, 3 : 1029

Buyer's duty, 3 : 1021 What constitutes, 3 : 1028

Actions

Acceptance of goods does not bar actions for damages, 3 : 1029 Breach of warranty, for damages for, 3 : 1049

Diversion or detention of goods by seller, for, 3 : 1046 Enforcement of rights by. 3 : 1052 Failure to deliver goods, for, 3 : 1047 Nonacceptance of goods, for damages for, 3 : 1044

Price of goods sold, for, 3 : 1043

Specific performance, action by buyer for. 3 : 1048 Adulterated food, etc., punishment. 5 : 542. 54:^ Agency, authority of agent. 3 : 1640-1642

Auction, how effected. 3 : 1001 Baggage, of, by innkeeper, see Innkeepet?s

Breach of conditions in contracts of. 3 : 091 Breach of warranty, remedies for. 3: 1049 By person having voidable title, 3 : 1004 By person not owner, 3 : 1003 By seller in possession of goods already sold, 3: 1005

Cai)acity to buy and sell, 3:982; see Infants; Insane Persons

Cases not provided for. rule for. 3 : 1053

Conditional, see Conditional Sales

Conditions in contracts of. effect of breach, 3 : 991 Contract to sell, defined. 3 : 981

Creditors, rights against sold goods in seller's possession, 3:1006, 2762

Definitions Contracts to sell and sales, 3 : 981 Express warranty. 3:992

In general, 3: 1055 Delivery of goods

Buyer not hound tn return goods wrongfully delivered, 3:1030

Failure to deliver, action for, 3 : 1047

Lia))ility of huj'er for failure to accept, 3: 1031 Payment and delivery concurrent conditions, 3 : 1022

Place, time, and manner, 3 : 1023

1204
INDEX

Sales—Continued

Delivery of goods—Continued

Seller's duty, 3: 1021 To carrier on behalf of I)uyer, 3 : 1026 Wrong quantity, delivery of, ''):1024 Destruction of goods sold or conlracted to be sold, 3:987, 988 Examination of goods, rights of buyer, 3 : 1027

Existing goods, 3 : 985

Failure of consideration, right to recover payment, in case of, 3:1050

False, punishment. 5 : (399 False weights or measures, 5:711-716

Form of contract. 3 : 983 Frauds, statute ot 3 : 984 ; 4 : 2017 Fraudulent

After previous sale, punishment, 5:696

Punishment of, 5 : 699 Fraudulent transfers, see Fraudut.knt Transfers

Fungible goods, 3 : 986 Future goods, 3 : 985

Grants, see Grants

Implied ol}ligations, variation from, 3:1051

Intention of parties as to passage of property, rules for ascertaining,

3 : 999

Interest and special damages, righr to recover, 3 : 1050

Interpretation of bill of sale, 3 : 461-466 Lien of unpaid seller, 3 : 1033-1036 Mock aviction, obtaining money or property by, punishment, 5 : 699 Mortgage or otlier security, provisions not applicable to, 3 : 1054

Necessaries, liability for. 3 : 28. 30. 9S2 ; see Nkcessaries

Negotiable documents of title Attachment or levy upon goods after issuance of, 3 : 1019

Creditor's remedies to reach, 3 : 1020

Defined, 3 : 1007

Delivery, negotiation by, 3:1008

Indorsement, negotiation by, 3 : 1009 Indorser not guarantor, 3 : 1017

Negotiation when marked nonnegotiable, 3 : 1010 Person to whom document negotiated, rights of. 3 : 1013 Purchaser for value, rights of, 3 : 1042 Transfer of, 3 : 1011, 1014 Transfer without indorsement. 3 : 1015

Transferee, rights of, 3 : 1014, 1015 Warranties on sale of, 3 : 1016 What are, 3 : 1007 When negotiation not impaired by fraud, mistake, or duress, 3 : 1018 Who may negotiate, 3 : 1012 Nonacceptance of goods, action for damages for, 3 : 1044 Payment concurrent with delivery, 3 : 1022

Price of goods

Action for, 3 : 1043

Definition and ascertainment, 3 : 989, 990 Property passes to buyer, when, 3 : 997-999 Resale by seller, 3 : 1040

Rescission by seller. 3 : 1041, 1045 Reservation by seller of right of possession or property in goods sold, 3:1000

Retroactive, provisions are not, 3 : 1056 Return of goods wrongfully delivered, buyer not bound to make, 3: 1030 Risk of loss, when transferred to buyer, o : 10()2 Securities, of, see Securities Sales Law

Specific goods, when title passes, 3 : 998

Specific performance of contract, 3 : 1048

Statute of frauds, sales within, 3 : 984 ; 4 : 2017 Stoppage in transitu. 3 : 1037-1042 Unascertained goods, when title passes, 3 : 997 1205
Sales—Continued

Undivided share of goods, 3 : 986 Unpaid seller Effect of sale of goods subject to lien or stoppage in transitu, 3 : 1042 Lien of, 3: 1033-1036 Remedies of, 3: 1033 Stoppage in transitu, 3: 1037-1042 When and how resale may be made, 3 : 1040 Who is, 3 : 1032 Unwholesome food, etc., punisliment, 5 : 544 Warehouse laws not affected, 3 : 1057 Warranties

Agent's authority to make, 3 : 1640

Description, implied warranties in sale by, 3 : 994

Express, defined, 3: 992

Implied, 3: 993-996

Quality, implied warranties of, 3 : 995 Remedies for breach of, 3 : 1049 Sample, implied warranties in sale by, 3 : 996

Title, implied warranties of, 3 : 993

Writing, necessity of, 3 : 984, 4 : 2017

Sales of Securities See Secubities Sai,es Law

Sanitation

Panama and Colon, in cities of, p. 842, art. 7 Regulations in matters of Authorized 2 : 371 Punishment of violations, 2: 373 Sanity

See Insane Peksons

Satisfaction See Accord and Satisfaction

Judgment, of Attorney may acknowledge, 4 : 48 How made and entered, 4 : 550 Who may take acknowledgment of, 4 : 33 Legacies and gifts, of, 3 : 619 Recorded mortgage, of, 3 : 2247, 2249 Saturday

See Holidays

Negotiable instruments falling due on, 3 : 2436, 2524

Seal Acknowledgment, when officer must affix seal to, 3 : 50O

Certificate of public officer, seal to, 4 : 1949 Compromise without, good, 4 : 1966

Defined, 4: 1962, 1963; 5: 5 Distinction between sealed and unsealed instruments abolished, 3 : 890

4: 1964

District court, of, see District Court

Effect of, 3 : 890 ; 4 : 1964 Executive office, of, falsely making or forging, p. 906, sec. 131 Government, of, counterfeiting or wrongfully affixing, p. 906. sec. 130 How made, 4 : 1963 ; 5 : 5 Public or corporate, forging or counterfeiting, 5 : 723 Seamen

Of vessels of United States at Canal Zone, laws applicable to, 2 : 391 Powers of shipping commissioner and deputies in respect to, 2 : 392

Search

Customs officers, by, 2: 66 Defendant, of, when ordered, 6 : 780

Unreasonable, forbidden, 1 : 1 Search Warrants

Defined, 6: 761 Directed to whom, 6 : 766

1206
INDEX

Search Warrants—Continued

Dispositiim of property taken, G : 774 Form of, 6 : 761, 7G7 General laws of United States respecting

Ai)i)lifation to Canal Zone, p. 951, sec. 632 Text of, p. 947, sees. 611-633

Inventory of property taken, 6: 775, 776

Issuance

Affidavit for, 6: 763 Examination of complainant and witnesses, 6: 764, 765 Grounds for. 6: 762 Manner of, 6: 766 Probable cause necessary, 6 : 763 Taking of depositions as prerequisite, 6':764, 765 Taking testimony wliere grounds controverted, 6 : 777 Malicious procurement, a misdemeanor, 5 : 171 Property taken from whom and from what places, 6 : 762 Receipting by otlicer for property taken, 6:773

Restoration of property taken, 6 : 778 Return of papers to court having power to inquire into offense, 6 : 779 Return of warrant, 6 : 775

Service Authority if refused admittance, 6 : 769 Authority in liberating self. 6 : 770 Daytime or nighttime, directions as to, 6 : 771 Made by whom, 6 : 768 Period during which must be made, 6 : 772 Second Offenses

See Subsequent Offenses

Second Prosecution

See Former .Jeopardy

Securities Sales Law

Agent and broker defined, 3 : 249

Certificate of agent or broker

Application for, 3:244

Examination of application, 3 : 245

Fees, 3:247

Issuance of, 3 : 245

Necessity for, 3 : 244 Revocation of, 3:245

Company defined, 3 : 249

Federal securities act of 1933, application of, p. 893, .sees. 77a to 77aa

Penalty for violations, 3 : 248 Permit to sell securities Application for, 3 : 241 Designation of process agent, 3 : 242 Examination of application, 3 : 243 Expiration of, 3:243

Fees, 3:247

Issuance of, 3 : 243

Necessity of, 3 : 241 Revocation of, 3 : 243 Report on sale of securities, 3 : 246

Securities defined, 3 : 249

Security See Indemnity; Suretyship

Peace, to keep, 6 : 41-53

Pledge, by way of, .see Pledge

Seduction

See Prostitution

Damages for, 3 : 2665

Forbidden, 3 : 47 Parent or guardian may sue for, 4: 130

Prostitution, for purpose of, corroboration of prosecutrix, 6 : 376

Sitting of court, private in action for, 4 : 22

1207
INDEX

Seduction—Continued

Under promise of marriiti;e Intermarriage l>ars prosecution, 5 : 4<)S Puuisliment, 5 : 407 Unmarried female may sue for Iier own. 4 : 129 Seizure

Articles illegally imported, 2 : 63 Customs officers, by, 2 : 66 Unreasonable, forbidden, 1 :

Without authority, a misdemeanor, 5 : 173 Self-Defense Extent of right, 3 : 48 ; 6 : 31, 33 Fear as justifying homicide, 5:262

Homicide in, justifiable, 5 : 261 Sentence

Sf^e Execution: Impkisonment ; Judgment; Pxtnishment

Arraignment of defendant for, 6 : 492 Bench wnrrant, where defendant does not appear for, 6:488-491

Consecutive running of sentences, 0:516

Death, of, execution, 6 : 521-533 ; see Execution

Defendant

How brought in for, 6 : 487, 488

Necessity of presence, 6 : 486 Degree of crime, determination on plea of guilty, 6 : 485 Determination of punishment

Duty of court, 6 : 482 Hearing circumstances in aggravation or mitigation of, 6 : 494, 495

Mitigation when act already punished as contempt.. 6 : 496 Where minimum only is prescribe<l, 6 : 484 Where undetermined between limits, 6 : 483 Duty of court in general, 6 : 482 Execution of. see Execution

Fine, see Fines

Hard laljor, including provision for in case of felony, 6 : 498 Insane person Cannot be sentenced while insane, 6 : 811 Inquiry into siinity before sentence, 6:812-816

Presence of defendant, necessity of, 6 : 486

Probation, 6 : 500, 501 ; see Probation Pronouncement in absence of cause to contrary, 6: 493 Punishment, see Punishment

Suspensiim of execution of death sentence, 6: 523 Time for i)ronouncing, 6 : 481 Separation

Agreement for, see Husrand .'.nd Wife

As desertion, 3 : 77-80 Servants

See Mastei! and Seevant

Service See Process ; Summons

Bill of exceptions, of, 4 : 525

Citation in probate proceedings, how served, 4: 1685 Comphiint, copy of. 4:165

Guardian, on, in probate proceedings, 4 : 1694

Notice of motion, time of, 4 : 933

Notices and papers, of Attornev, on, 4 : 941, 942, 946

Clerk, on, 4 : 942, 946 Extension of time for, 4 : 960 How served in general, 4 : 941-947

Mail, by. 4:942-944

Need not be served on party defaulting or not appearing, 4:525, 945

Nonresident, on, 4:946

Pivwable by affidavit. 4:2071

Upon whom served, 4 : 941, 942, 946

1208 I
INDEX

Service—Continued

Particular proceeding, in, see Particular Subject

Pleadings subsequent to complaint, 4 : 263

Process, of, see Process

Subpena, of, 4 : 2043, 2044 ; 6 : 656 Summons, of, see Summons

Set-Oflf Assignment of chose not to prejudice, 4: 123 Cross-demands deemed compensated, 4 : 225 Improvements as, in ejectment, 4 : 664 Sewer Systems

Panama and Colon, in cities of, p. 842, art. 7 Shipping

See Admiralty Vessels

Anchorage and movement of vessels in time of national emergency, 2:12;

p. 1014, sec. 191 Customs service, see Customs Service

Damages for injuries to vessels, etc., in locks, 2 : 10 Death on high seas by wrongful act, note, p. 996, sec. 761 Deportation of person on vessel bringing him to Canal Zone, 2 : 141

Inspection of Vessels, 2 : 151-160 ; see Inspection of Vessels

Invoices, landing certificates, etc., fee for certification, 2 : 67

Manifest, omission of merchandise from, 2 : 64

Materials, supplies, and services for vessels, providing, 2 : 51, 52 Merchant marine act, 1928, note, p. 996, sec. 891 Mismanagement of vessel causing boiler explosion, punishment, 5 : 522, 523 Navigation of harbors and other waters of Canal Zone, regulation, 2 :

Passage and control of vessels through Canal, regulation, 2 :

Pilots and pilotage in Canal and approaches, regulation, 2 :

Radio equipment on ocean-going vessels using ports, 2 : 361, 362

Registry, provisional certificates to vessels abroad, p. 991, sec. 12 Sea stores, omission from list, or landing of, 2 : 65 Seamen, see Seamen

Shipping act, 1916, note, p. 996, sec. 801 United States vessels or cargoes, suits by or against, p. 991, sec. 741 Withholding clearance of vessel bringing undesirable person, 2 : 141 Shipping Commissioner

Powers in respect to seamen of vessels of United States, 2 : 392

Signal Lights

Altering to endanger vessel, 5 : 839 Signature

By mark, 3 : 12 ; 4:8; 5:5

For testator by another, 3 : 527

Includes mark, 3 : 12 ; 4:8; 5:5

Obtaining

By extortionate means, punishment, 5 : 685 By false pretenses, proof, 6 : 379 By fraudulent sale of property, punishment, 5 : 699

Will, to, see Wills

Signs

Erecting without consent of owner of property, 5 : 802

Placing on property of United States or Panama Railroad. 5 : 843 Warning against trespassing on reservations, injury to, 5:846

Slander

Answer, 4 : 259 Defamation is effected by, 3 : 42

Defined, 3:44

Malice not inferred, 3 : 46 Pleading in actions for, 4 : 258, 259

Privileged communications, 3 : 45 Right to protection from, 3 : 41

Slot Machines

Possessing or permitting maintenance of, 5 : 463

9I3083--34 77 1209
INDEX

Special Partnership

Affidavit as to sums contributed, filing of, 3 : 1815 Business of, general partners only can do, 3:1821

Certificate of Acknowledgment and recording, 3 : 1814 False statements in. liability for, 3 : 1832

Requisites of, 3 : 1813 Where new partner or change in firm, 3 : 1841. 1842 Contract with, one making cannot charge as general partners, 3 : 1834

Dissolution, 3 : 1843 Formation of, 3 : 1811-1817 General partners

Liability of, 3:1831

May sue and be sued alone, 3 : 1824 General partnership

Is special to wliat extent, 3 : 1751 When becomes, special, 3 : 1S41 Insolvency

Creditors preferred to special partner, 3 : 1823

Preferential transfers void, 3 : 1828

Interest and profits of special partner, 3 : 1826

Liability of partners, 3 : 1831-1834 Loan or advancement by special partner, 3:1823

May consist of what, 3 : 1812 Name of special partner, use of, 3 : 1844 New partner, how admitted, 3 : 1841, 1842 Powers of special partner, 3 : 1822, 1823 Renewal or continuance, 3 : 1817 Withdrawal of capital by special partner, 3 : 1825, 1827

Special Proceedings

Action includes, 4 : 113

Affidavit, how used in, 4 : 2071 Agreed case, see Agreed Case

Certiorari, see Review, Writ of Confession of judgment, see Confession of Judgment

Contempt, see Contempt

Discharge of person imprisoned on civil process, 4 : 1121-1132

Escheat, see Escheat of Property

Mandamus, see Mandamus

Name, change of, see Names

Particular proceeding, see particular subject

Prohibition, writ of, see Prohibition

Summary proceedings to recover possession of realty, 4 : 1141-1158

Verification may be by affidavit, 4 : 2071 What constitutes generally, 4 : 11 Writ of review, see Review, Writ of

Special Performance

Decedent's contract to transfer or convey property, 4:1541-1551

Liquidation of damages not a bar to, 3:2704

Mutuality of remedy as prerequisite, 3:2702

Obligations or agreements which cannot be enforced specifically,, 3 : 2705- 2707 Penalty or forfeiture, not granted to enforce, 3 : 2684 Reformed contract, of, 3 : 2714 Right to generally, 3 : 2701

Signature to contract by one party only, effect, 3 : 2703

Specific or ascertained goods, contract to deliver, 3 : 1048, 2692

Specific relief, see Specific Relief

AVhat parties cannot be compelled to perform, 3 : 2706 What parties cannot have, 3 : 2707

Specific Relief See Specific Performance

Cancelation of instruments, 3:2731-2733

How given, 3 : 2682 Penalty or forfeiture not enforceable by, 3 : 2684

1210
INDEX

Specific Relief—Continued

Possession of personal property, o : 2G91, 2692

lieissuanee of lost or destroyed instruments, 3 : 27,'M Rescission of contracts, 3:2721-2723

Revision of contracts, 3 : 2711-2714

Specific performance, 3 : 2701-2707 When given, in general, 3:2011, 2681 Speech

Freedom of. 1:1

StateTerm includes what, 4:8; 5:5

Statute of Frauds

Assignment for creditors, 3 : 2780, 2781 Guaranty. 3:886, 2073, 2074: 4:2017

In general, 3 : 8SG, 984 ; 4 : 2017 Mortgage

Creation of, 3:2232

Power of attorney to execute, 3 : 2242 Oral contracts Enforcing against fraudulent party, 3 : 885 What contracts may be oral, 3 : 884 Oral transfer may be enforced, when, 3 : 451 Real property, agreements relating to, 3 : 886 ; 4 : 2015-2017

Representation as to credit of third person to be written, 4:2018

Sale of personality over $50 is witliin, 3 : 984 ; 4 : 2017 Trusts

Realty in, necessity of writing, 4 : 2015, 2016 Transfer of interest in must be written, 3 : 452 What contracts must be written, in general, 3 : 886, 984 ; 4 : 2017

Statute of Limitations See Limitation of Actions

Statutes See Evidence ; Law

Construction

Civil code provisions, of, 3 : 4, 5 Court confined to terms or substance, 4 : 1876 Criminal code provisions, of, 5:3

Effect to be given to all parts, 4:1876

Giving effect pi-eferred, 3 : 2863

Intention of legislature to govern. 4:1877

Natural right, in favor of, 4 : 1884

Particular provisions qualify general, 3 : 28.56 ; 4 : 1877 Question is for court, 4 : 2182 Reasonable, must be, 3 : 2864 Words and phrjises in respective codes, of, 3 : 11 ; 4:7; 5:4

Definitions of terms used in respective codes, 3 : 12 ; 4:8; 5:5

Foreign, evidence of, 4 : 1926, 1927 Private

Defined, 4:1924

Pleading of, 6 : 194

Public, defined, 4 : 1924

liecitals in, as evidence, 4 : 1929

Retroactive, respective codes are not, 3:3; 4:3; 5:2; 6:2

State, evidence of written biw of, 4:1926, 1927 Written law

Defined, 4 : 1923 Of State or foreign country, evidence of, 4 : 1926, 1927 Stay

Proceedings, of, see Continuance

Steam Boilers

Inspection, see Inspection of Vessels

Punishment for mismanagement resulting in explosion, 5 : 521-523

St. Elizabeths Hospital

Transfer to. of citizens adjudged insane, 4 : 1763

1211
INDEX

Stenographer

Judicial officer asking or receiving fees of, 5 : 124

Offering fees for appointment by judicial officer, 5:125

Stolen Property

See Larceny

Stoppage in Transitu

See Sales

Storage

See Deposits ; Warehousemen

Compensation for fraction of week or month, 3 : 1133

Defined, 3 : 1181 Degree of care required of depositary, 3 : 1132 How terminated, 3:1134, 1135 Lien for charges and advances, 3 : 1136 1137

Sale of iDerishables or baggage, 3:1137, 1202 Streams

See Waters

Street Railways

Operation of cars at crossings, 2 : 331-333

Subdivisions

Of Canal Zone. estal>lishment authorized, 2 :

Submitting Controversy

Without action, 4 : 1111-1113 ; See Agreed Case

Subordination of Perjury

See Perjury

Subpenas

Defined, 4:2041

Disobedience to Arrest of witness, 4:2048, 2049 As contempt, 4 : 1163, 2046

Liability of witness to party aggrieved, 4 : 2047

In general, 4:2041-2049

Issued how, by whom, and for what purposes, 4 : 2042 Magistrate may issue to any part of subdivision, 4 : 841 May require production of books, papers, etc., 4 : 2041

Officer taking proof of instruments may issue, 3:507

Person present in court compelled to testify without, 4 : 2045 Served how, 4 : 2043, 2044

IN CRIMIN^VIi ACTIONS

Defined, 6:651

Disobedience to As contempt, 5:212; 6:658

Civil Uability for, 6:659

Fee for issuance, as element of costs, 6 : 392 Form of, 6 : 654 For defense witnesses 6 : 122, 652, 653 For witnesses for prosecution, 6:123, 652, 653 Who may issue, 6 : 652, 655

Service of, 6 : 656 Subrogation

Creditor, of, to benefit of securities held by surety, 3 : 2151 Person redeeming property from lien, of, 3 : 2211, 2212

Surety, of, see Suretyship

Subscribing Witnesses

See Witnesses

Subscription

Includes mark 3:12; 4:8; 5:5

Will, to, see Wills

Subsequent Ofifenses Foreign conviction of former offense, 5 : 73 Habitual criminals, 5 : 74-76

Information, manner of charging previous conviction in, 6:195

Plea and procedure on charge of previous conviction, 6 : 280

1212
Subsequent Offenses—Continued

i'uuishinent nf, 5:71-74

Verdict or lindins: on cliarge of previous conviction, 6:413

Substitution See Subrogation

Attorney, of, see Attorneys

Of one infant for another, punishment, 5:234

Succession See Estates of Dkcedents ; Executors and Administrators

Action to determine heirsliip, 4 : l(i21 Advancements, see Advancements

Aliens, inheritance by, 3:2G3, 651 A« mode of acquiring property, 3:401

Children Born after death of testator, 3:24, 291, 544, 554, 590, 650 Born after execution of will, 3 : 554. 556, 557

Illegitimate, succession by or from, 3 : 634, 635 Unprovided for in will, 3 : 554-557

Clothing goes to surviving wife without administration, 3 : 649

Collateral consanguinity. 3 : 037. 640 Community property, to, on death of spouse, 3 : 648, 649 Consanguinity computed how, 3 : 630-041

Defined, 3 : 631 Degrees of kindred, computation of, 3:636-640

Descent, rules of, 3 : 633

Direct or lineal consanguinity, 3 : 637-639

Distribution of community property on death of spouse, 3 : 648, 649 Escheat of property, in general, 3:633, 652; 4: 1181; see Escheat of Property

Fraudulent production of infant to intercept inheritance, punishment,

5:233

Future interests pass by, 3 : 292 General rules of, 3 : 633 Half blood, kindred of, inheritance by, 3 : 641

Heirs, pro])erty of intestate passes to, subject to administration, 3: 632 Household effects go to surviving wife without administration, 3 : 649 Husband and wife, from each other, provisions apply onlv to separate

property, 3 : 647

Illegitimate child, succesion by or from, 3 : 634, 635

Kindred, degrees of, how computed, 3 : 636-640

Liability of successor for decedent's obligations, 3 : 653

Life insurance may pass by, 3 : 2033 Murderer of decedent not to succeed, 3 : 654 Posthumous children, rights of, 3:24, 291, 544, 554, 590, 650; see Posthumous Children

Pretei-mitted child, by, 3 : 554-557 Property of intestate passes to heirs, subject to administration, 3 : 632

Representation, inheritance by right of, 3 : 650 Rules of, in general, 3 : 633

Successor liable for decedent's obligations, 3 : 653 Suicide

Aiding or encouraging punishment, 5 : 502 Summary Proceedings

See Arrest; Forcible Entry and Unlawful Detainer; Special Proceedings

Particular writs, see subject in question

Summons

See Process

Alias, manner and time of issuing, 4 : 164 Appearance equivalent to service. 4 : 162, 171, 416 Complaint must be served with, 4 : 165 Contains what, 4 : 163, 182 Criminal complaint against corporation, on, 6 : 831, 832

Cross-complaint, on, 4 : 227 Dismissal for failure to issue and serve, 4 : 416

1213
INDEX

Summons—Continued

Divorce actions, in In general, 4:181, 182 Personal service as prerequisite to judgment for alimonj', 3 : 120 Fees for service or attempted service, 4 : 986, 987

Forcible entrv and unlav/ful detainer, in, 4:1148

Form of, 4 : 163, 182 Issuance Divorce action, in, 4 : 182 How issued, 4 : 163, 182 Time for, 4 : 162, 416

Joint debtors may be summoned after judgment, 4 : 901

Jurisdiction, acquired when, 4 : 171

Magistrate's court, in, see Magistrates' Courts

Mailing in case of publication, 4 : 169, 182

Particular proceedings, in, see particular subject

Publication of Default for failure to answer, procedure, 4 : 421 Divorce actions, in, 4 : 182 Manner of, 4 : 169, 182 Proof of service by, how made, 4 : 170, 182 When may be ordered, 4 : 168, 182 ReturnBy whom and bow made, 4: 365, 182 Limitation of time for, 4 : 416

Service Appearance is equivalent to, 4 : 162, 171, 416

Associates in business, on, 4 : 144 Company authorized to sell securities, on, 3 : 242, 244

Designation of agent for receipt of, 3 : 221, 242, 244 Divorce actions, in, 4 : 182 Foreign corporation, on, 3 : 221 ; 4 : 166, 168 Guardian, on, in probate proceedings, 4 : 1694

In either division, 4 : 151 Manner of, in general, 4 : 165, 166 Part of defendants, on, procedure after, 4 : 167 Personal service Outside of Canal Zone, 4 : 169, 182

Relief from judgment where not made, 4 : 275 When necessary, 3 : 120 ; 4 : 166 Proof of service, 4 : 170, 2071

Publication, see that subhead, supra Time for, 4 : 416 Waiver of, 4 : 162, 171 Sunday

See Holidays

Day of maturity falling on, 3 : 2436 Last day falling on, computation of time, 3: 2594 Supplementary Proceedings

Arrest of debtor, when ordered, 4 : 622 Commitment of debtor, 4 : 622 Debtor of defendant may pay creditor when, 4 : 623 Disobeying orders in, punishment, 4 : 028 Examination of person owing or having propertv of judgment debtor. 4:624

Magistrate's court, in, 4 : 816

Orclering property applied on execution, 4 : 620 Proceedings

To apply property on judgment, 4 : 622 To compel appearance and answer by del)tor, 4 : 621. 622 Where third person asserts claim or denies dol)I. 4:627

Witnesses, requiring appoarance and testimony, 4:625

Support

See Husband and Wife; Parent and Child

1214
INDEX

Supreme Court Power to presorilie criminal procedure after verdict or finding of guilt,

p. 0S3, sec. 728a Right to review cases appealed to Circuit Court of Appeals, 7 : 62 Suretyship

See Bail; Bonds; Guaranty; Indemnity; Undertakings

Action l).v surety to compel satisfaction of debt by principal, 4 : 956 Apparent principal, right to show himself a surety, 3:2122

Attorneys as sureties on bonds filed in court, 4:45

Bail, sureties when are called, 3 : 2049 Compelling performance by principal, 3 : 2143 ; 4 : 956

Contribution

From cosureties, right to require, 3 : 2145

Release as affecting, 3 : 793 Right of person satisfying more than his share of judgment, 4: 610 Corporation as surety, 4 : 962-964

Definition of surety, 3 : 2121 Discharge of surety by acts of creditor, 3 : 2135 Executors and administrators, sureties on bonds of, see Executors and

Administrators

Exoneration of surety, what acts effect, 3 : 2134, 2135, 2142 False personation in becoming, punishment, 5 : 691 Guarantor, surety has rights of, 3 : 2141

Insufficient, sureties becoming, on undertaking authorized or required by

law, 4 : 963

Interpretation, general rules of, 3 : 2132 Joinder of sureties on same or separate instruments, 4 : 139 Judgment against surety

Conclusive against principal when, 4 : 1938 Does not alter relation, 3^: 2133

Surety paying judgment may compel repayment, 4 : 610

Justification of sureties Corporate sureties on bonds. 4 : 964 Extension of time for, 4 : 960

Letters of credit, 3 : 2161-2169

Limitation on liability of surety, 3:2131

Neglect of creditor to proceed against principal, effect of, 3 : 2142 Performance

By principal, surety may compel, 3 : 2143 ; 4 : 956 Exonerates surety, 3 : 2134 Property of principal to be taken first, 3 : 2147 Reimbursement of surety, 3 : 2144 ; 4 : 610

Replevin bond, when surety not bound by affidavit of value, 4 : 275 Requiring creditor to proceed against principal, 3 : 2142

Securities Creditor entitled to those held by surety, 3 : 2151 Surety entitled to those held by creditor or cosurety, 3:2146

Statute of frauds, effect on contract, 3 : 886 Subrogation of creditor, 3 : 2151 Subrogation of surety In general, 3 : 2145, 2146 On appeal bond, 4 : 969 On paying judgment, 4 : 610, 969 Undertakings in particular proceedings, see subject in question

When surety bound, principal is also, 4 : 1938 Survey

Monuments, injury to, punishment, 5 : 833

Survival

Abatement

Action by or against Canal Zone or Government officer, when not

abated, p. 984, sec. 780

Action not abated by death, disability, or transfer, when, 4:141

Chose in action, of, 3 : 372 Limitation of actions, effect of death of party on, 4 : 104, 106

1215
INDEX

Survival—Continued

What actions survive, in general, 4: 1522-1524 Wrongful death, actions for, see Wrongftil Death

Survivorship Between cotrustees, 3 : 1602 Presumption as to, 4 : 2007 Suspension

Execution of judgment of death, of, 6: 523

Sentence, of, ordering, and placing defendant on probation, 6 : 500 Swearing

See Profane Language

Taxes

Automobiles, on, may be graded according to value or power, 2 : 321 By Panama, exemption of Canal, auxiliaries, and employees, p. 843, art. 10 Failure to give proper receipts, punishment, 5 : 626 Narcotic importers, etc., in Canal Zone, on, p. 977, sec. 1054

Possession of improper blank licenses, 5 : 627 Regulations for levying, assessing, and collecting, 2:401, 402

Self-propelled vehicles, taxing of use and operation, regulation, 2 : 321, 322 Technical Words

How construed, 3 : 11, 581, 911 ; 4:7

Not necessary in will, 3 : 582 Telegraphs

See Carriers of Messages

Altering message, 5 : 856 Bribing operator to disclose message, 5:854

Cables, see Cabtjes

Disclosing contents of message, 5 : 855

Failure to send or deliver message, 5 : 851 Forgery of message, 5 : 725 Fraudulently obtaining or using message, 5 : 853

Lines, injury to or obstruction of, 5: 831

Official dispatches of Panama, rates, p. 844, art. 11 Opening or fraudulently obtaining message of another, 5 : 857 Operator concerned with movement of trains, intoxication of, 5 : 526 Operator using information derived from message, 5 : 852 Sending false message by, 5 : 725 Wireless telegraphic installations, 2 : 421 Telephones

See Carriers of Messages

Failure to send or deliver message, 5 : 851 Injury to or obstruction of lines, 5: 831

Official dispatches of Panama, rates, p. 844, art. 11 Sending false message by, 5 : 725 Tenants

See Landlord and Tenant

Tenants in Common

See Joint Tenants

Delivery by depositary of thing owned by, 3 : 1106 Husband and wife as, 3 : 137, 280 Insurance not avoided by transfer between, 3 : 1891

Interests in common, 3 : 275, 278, 279 Legatees take as owners in connuon, when, 3 : 601 May jointly or severally sue or defend, 4: 140

Partition and distribution of estates of decedents, 4:1631-1641

Waste, liability for, 4 : 652 AVhere thing made from nmtorials of several owners, 3 : 418 Tender

Objection to must be specified, 4:2153

Of performance of an obligation, 3:731-751

Offer in writing equivalent to, 4 : 2151 TenseOf wiirds in respective codes, 3 : 12 ; 4:8; 5:4

1216
IJJDEX

Territories Acknowledgement of instruments affecting land in, 3: 512 Included in words State and United States, 4 : S ; 5:5

Public writings of, 4: 1950

Testify Includes what, 3 : 12 ; 4:8; 5:5

Testimony

See EviDKNCE ; AVitnesses

Things in Action

See Chosbs in Action

Threatened Offenses Proceedings in case of, 6 : 41-53 Threatening Letters See Threats

Mailing of, p. 923, sec. 338a, 338b Sending of A misdemeanor, 5 : 371 Offense complete when, 5 : 30 With intent to extort money, 5 : 686 Threats

See Extortion ; Threatening Letters Commission of crime under threat, liability, 5 : 57 Contract obtained through, voidable, 3 : 823

Desertion caused by, divorce, 3 : 76 Drawing deadly weapon in threatening manner, 5 : 604 Extortion

Attempt by verbal threats, 5 : 687 What may constitute, 5 : 682

Libel, to publish, punishment, 5 : 361 Mailing threatening communications, p. 923, sec. 338a, 338b Menace defined, 3:826

Obtaining signature by means of, 5 : 685 Will procured by, void, 3 : 522 Tickets

Counterfeiting railroad tickets, 5 : 739 Larceny of Evaluation, 5 : 776 Where completed but not delivered, 5 : 777

Restoring canceled railroad tickets, 5 : 740 Time

Computation of, 3:9; 4:6

Does not confirm void act, 3 : 2861 Extension of time for acts relating to pleading or practice, 4 : 960

Information, allegation of time of offense in, 6: 187, 191 Lapse of, see Limitation of Actions

Priority in time is priority in right, when, 3 : 2847

TitleAdmissibility of abstracts where records burnt or lost, 4 : 1873 Claim of, defense to embezzlement, 5 : 668 Declarations or admissions of predecessor, admissible, 4 : 1806 Ownership, see Property

Quieting title, 4 : 661-670 ; see Quieting Title

Sale, on, see Sales

Transfer, what passes by, 3 : 471 ; see Transfer

TollsPanama Canal tolls, see Panama Canal

Torts

See Injuries ; Wrongs

Agent, of, liability of principal, 3 : 1659, 1660 Damages

Exemplary, in case of oppression, fraud, or malice, 3 : 2641

In general, see Damages

Measure of damages for wrongs, 3:2661-2666

Person suffering detriment may recover, 3 : 2621

Deceit, 3 : 972-974 ; see Deceit

1217
INDEX

Torts—Continued

Force may be used as protection, when, 3 : 48 Fraud, see Fraud

Indemnity against, 3: 2042, 2043

Infant's liability for, 3 : 33 Injury

In general, see Injuries

To person, defined, 4 : 16 To property, defined, 4 : 15 Insane person's liability, 3 : 33

Interest in actions ex delicto, 3 : 2632 Kinds of, 4: 14

Libel, see Libel

Limitation of actions for, see Li^iitation of Actions

Married woman, liability for, 3 : 148 Negligent acts, liability for, in general, 3 : 977 ; see Negligence

Obligation to abstain from injury to others, 3 : 971

llestoration of thing wrongfully acquired, 3 : 975, 976

Slander, see Slander

Unlawful acts or omissions, right to damages for, 3 : 2621

Willful acts, liability for, 3:977

Towns

Establishment in Canal Zone, 2 : 4 Magistrate's court in each town, 7 :

Revocable licenses for lots in town sites, 2 : 304 Trade Marks

Laws of United States extended to Canal Zone, 3 : 391 Ownership, subject of, 3 : 252 Train Robbery

See Robbery

Train Wrecking

Acts done with intention of, punishment, 5 : 303 Transcript

Reporter's, prima facie correct, 4 : 36 Transfer

See Assignments ; Grants ; Sales

Acknowledgment, see Acknowledgments

As mode of acquiring property, 3 : 401

Called grant or bill of sale if in writing, 3: 454 Contract by decedent to transfer property, compelling completion, 4:1541-

1551 Defeasance, right to show transfer made subject to, 3 : 2235

Defined, 3:431

Delivery

Absolute, delivery to grantee must be, 3 : 457

Constructive, 3 : 459 Date of, presumption as to, 3 : 456

In escrow, 3 : 458

Necessity of, 3 : 455

Effect of, 3 : 471, 472 Fraudulent, see Fraudulent Transfers

Future interests pass by, 3 : 292

Gift, see Gifts

Grant

Includes whatever is essential to use, 3 : 2844 Written transfer is called, 3 : 454 Guardian, conveyance by, completing ward's contract of sale, 4 : 1795, 1S21, 1822

Heirs, issue, or children, proceedings to determine identity, 4:1695

Incidents follow thing transferred, 3 : 472, 2862 Insured thing, of, effect of, 3: 1888-1891

Interpi'etation of grants, 3:461-466

Life insurance policy, of, 3: 2033, 2034 Mode of transfer, 3 : 451-459

1218
I2iDEX

Transfer—Continued

Mortgage Not to be deeuied a conveyance, 4 : G67 Wlien transfer deemed a mortgage, 3 : 2234, 2235 Nonnegotiable instrument, of, 3 : 713

Obligation

Burden of, not transferable, 3 : 711 Rigbts arising from, are transferable, 3 : 712

Oral, wben may be, 3 : 451 Personal property

Sales, see Sales

Wlieu deemed pledge, 3:2282

Possibility, of, 3 : 442 Property susceptible of, 3 : 441 Real property, necessity of writing. 4 : 2015-2017

Reentry, rigbt of, may be transfeii'-d, 3 : 443

Statute of frauds, 3 : 886, 984 ; 4 : 201 ',-2017 ; see Statute of Frauds

Title, what passes, 3 : 471

Trust, transfer of intei-est in, bow made, 3 : 452

Voluntary, defined, 3 : 432 What may be transferred, 3 : 441

Will, effect on, 3:550, 551

Written, is called a grant or bill of sale, 3 : 454 Treason Number of witnesses to prove, 4 : 1861, 2012

Treaties

Affecting Panama Canal and Canal Zone, p. 833 Trees

Fixtures, are, 3 : 257

Injuries to, punishment, 5 : 802, 834 Trespass

Accession to property by willful trespasser, rights of owner on, 3 : 419 Damages for wrongfully using property of another, 3 : 421

Malicious, on realty, punishment, 5 : 802 Upon Government or Railroad reservation after posting, 5:844^846

TrialSee Instructions ; Jukors ; Jury

Absence of party, proceedings in case of, 4 : 437 Adjournment of court while jury out, 4 : 471 Admonition to jury on separation, 4 : 465 Agreed case, proceedings on, 4 : 1111 Argument

Order of, 4:461

Reserving case for, 4 : 541, 542 Submission of case without, 4 : 461 Bringing to trial, right of parties, 4 : 437

Calendar, 4:436

Challenge of jurors, 4 : 451-453 ; see Jt-rors Changing place of, 4 : 153 Compromise, offer of, how made, and its effect, 4 : 911 Conduct of General provisions, 4 : 461-473 Powers of courts and judicial officers respecting, 4 : 23, 31, 32 Contempt, see Contempt

Continuance, see Continuance

Court, by

Decision to be written, 4 : 501 Findings of fact, 4 : 502, 503

In general, 4 : 501-504

Issues triable by court, 4 : 434 Proceedings after determination of issue of law, 4 : 504 Rules of evidence applicable, 4:2183

Time for filing decision, 4 : 501 Criminal actions, of, see separate subhead, infra Decision on trial by court, 4 : 501, 502

1219
INDEX

Trial—Contiuued

Dismissal For failure to bring action to trial, 4 : 418

In general, see Dismissal

Error disregarded unless substantial, 4 : 277

Evidence, see Evidence

Exceptions, 4 : 521-528 ; see Exceptions

Findings of fact on trial by court, 4 : 502, 503

Illness of juror, proceedings on, 4 : 469

Inspection of writings, order for, see Inspection of Writings

Instructions, see Instructions

Interpreter, when to be summoned and sworn, 4 : 1906

IssuesBy whom triable, 4 : 434, 435

Fact, of, how tried, 4 : 435

In general, 4 : 431-435 ; see Issues Law, of How tried, 4 : 434

Proceedings after determination of, 4 : 504

Special issues not made by pleadings, 4 : 73 Joint debtor, proceedings against, when not summoned in original action, 4 : 901-906 Judgment on demurrer, proceedings after, 4 : 504

Jurors, see Jurors

Jury, by

Conduct of trial, 4 : 461-473

Contest of executor's account, 4 : 1582

Deliberations of jui-y How conducted, 4 : 467 Taking papers with them, 4 : 466 Formation of jury, 4 : 451-454

Polling the jury, 4 : 472 Probate matters, issues in, 4 : 1691 Request for Deposit must accompany, 4 : 983 Making of, 4 : 442 Restoration of insane person to capacity, proceedings for, 4 : 1745 Right to, in general, 4: 441; 7: 33

Will contests, 4 : 1231, 1254

Magistrate's court, in, see Magistrates' Courts

Minute books, recording proceedings in, 4 : 958 New, 4 : 531-535 ; see New Trial

Notice of trial, 4 : 437 Order

Proceeding on trial, of, 4 : 461

Proof, of, in general, 4 : 2111

Parties, see Parties

Place of, see Place of Trial

Presumption that all matters within issues were passed upon, 4:2007

Private, in what cases may be had, 4 : 22 Questions of law and fact, 4 : 2181-2183

Reference, 4 : 511-517 ; see Reference

Reporter, absence of, who to take testimony, 4 : 957

Retrial where verdict prevented or jury discharged, 4 : 470

Sittings, public or private, 4 : 21, 22 Submitting controversy without action, 4 : 1111-1113

Verdict

How declared, 4 : 472

In general, see Verdict

Informal, proceedings on, 4 : 473 View by jury of premises, 4 : 464 Witnesses

In general, see Witnesses

May be excluded pending trial, 4 : 22

1220
INDEX

OF CRIMINAL ACTIONS

Trial—Continued

See Jurors ; Jury

Appeal from magistrate's court, trial de novo in district court, 6 : 134 Appearance of defendant for, holding in custody, 6 : 391 Argument

Number of counsel who may argue, 6 : 390 Order of. 6 : 361 Defendant entitled to two days to prepare for, 6 : 321 Dismissal for delay in bringing on, 6 : 791, 792 ; see Dismissal

Evidence, see Evidence

Exceptions, 6 : 431^34 ; see ExcEa>TioNs Information, objection at trial that offense not stated, 6:260

Insane person Cannot be tried while insane, 6 : 811 Inquiry into sanity before trial, 6 : 812-816

Issues, see Issues

Joint defendants, conviction or acquittal of one or more, 6 : 197 Judgment, see Judgment

Jurisdiction, objection to at trial, 6 : 260

Jury, by

Formation of jury, 6 : 331-357

Issues of fact tried by jury unless waived, 6 : 302

Polling of jury, 6 : 418 Right to, 6:302; 7:33

Magistrate's court, in, see Magistrates' Courts

Order

Disposal of actions on calendar, of, 6 : 312

Trial, of, 6:361

Place of, see Place of Trial

Pleas upon which issues of fact arise, 6 : 301 Presence of defendant at, necessity, 6 : 304

Prior conviction, on charge of, 6 : 280

Public, right to, 1:1; 6 : 14 Reading of information, 6 : 221

Sentence, see Sentence

Separate, of defendants jointly charged, 6:365

Speedy, right to, 1:1; 6:14

Time for, dismissal for delay, 6 : 791, 792

Verdict, see Verdict

View of premises by jury, 6 : 389 Trover

Conversion, damages for, 3:2662-2664

Trust Companies

See Trusts May act in what capacities, 4 : 1281 Trusts

Accumulations, see Accumulations

Advantage, trustee not to use influence for his own, 3 : 1524 Adverse interests Assumption of by trustee forbidden, 3 : 1525 Duty of trustee to disclose, 3 : 1526

Agent, trustee's powers as, 3 : 1571

Alienation, power of, how long may be suspended, 3 : 311 ; see Alienation

Application of money or property transferred to trustee, 3 : 1542 Appointment of trustee By court or officer, who trustor, 3 : 1553 By district court, 3 : 1601

Beneficiaries, trustee may sue without joining, 4 : 124 Breach of trust, measure of liability for, 3 : 1530, 1531 Care and diligence required in executing trust, 3 : 1562 Compensation of trustee, 3 : 1582

Cotrustees Apportionment of compensation among, 3 : 1582 How far liable for each other, 3 : 1532 1221
INDEX

Trusts—Continued

Cotrustees—Continued

Must all act, 3 : 1572 Survivorship between, 3 : 1602 Creation

By assumption of relation of personal confidence, 3 : 1505 By mutual consent, 3 : 1552 Involuntary trust, of, 3 : 1508, 1509 Voluntary trust, of, 3:1507, 1508

Declaration of Expresses nature, extent, and object of trust, 3 : 1554

Includes all declarations of trustor, 3 : 1554 Trustee must obey, 3 : 1561 Deposit of subject of litigation in court by trustees, 4: 391 Discharge of trustee, grounds and mode of, 3 : 1594

Discretionary powers of trustees, control over, 3 : 1573

District court to fill vacancies, 3 : 1601, 1603 Embezzlement, when trustee guilty of, 5 : 663 Execution of, care and diligence required, 3 : 1562 Expenditures, reimbursement of trustee for, 3 : 1581 Extinguished, how, 3 : 1591 Fraud, when trustee guilty of, 3 : 1527 Good faith, trustee's obligation to act in, 3 : 1521 Improper use or disposition of property by trustee, liability, 3:1530, 1531

Indemnification of trustee for expenses incurred, 3:1581

Interest, trustee's liability for on failure to invest funds, 3 : 1565 Investment of trust funds

Duty as to, 3 : 1564

Failure of trustee to make, 3 : 1565 Involuntary

Defined, 3 : 1503 Rights of involuntary trustee, 3 : 1583 What creates, 3 : 1509, 1510 Who is involuntary trustee, 3 : 1509, 1510, 1541 Kinds of, 3: 1501 Mingling trust property, liability of trustee for, 3 : 1529 Missing persons, trustees of estates of, 4 : 1831-1833 Nature and creation, 3: 1501-1510

Obligations of trustees, 3 : 1521-1532, 1561-1566

Parties to, how designated, 3 : 1504 Payment or transfer to trustee, application of, 3: 1542 Powers of trustee as agent, 3: 1571 Presumption

Against trustee in transactions with beneficiary, 3 : 1528 That trustee has conveyed property to cestui que trust, 4 : 2007 Purchase by tinistee of claims against trust fund, 3 : 1566 Purposes of Duty of trustee to fulfill, 3 : 1561 May be created for what purposes, 3 : 1506 Realty in, necessity of writing, 4 : 2015, 2016 Removal of trustee Because of adverse interest, 3 : 1526 By court, 3 : 1594, 1595

Revocation, right of, 3 : 1592

Successor, duty of trustee as to appointment of, 3 : 1563

Survivorship between cotrustees, 3: 1602 Termination in general, 3 : 1591 Third persons, when involuntary trustees, 3 : 1541

Transactions, what forbidden and what permitted by trustee, 3: 1523. 1525 Transfer of interest in, necessity of writing, 3 : 452 ; 4 : 2015 Trust companies as trustees, 4: 1281 Under will Accounting by trustee, 4: 1671 Appointment to vacancy, 4 : 1673 Bond of trustee, 4 : 1673

1222
INDEX

Trusts—Continued

Under will—Continued

Compensation and expenses of trustee, 4: 1672

Declinaiion to act, 4: 1673

Jurisdiction of court relative to, 4: 1671, 1674 Retention of jurisdiction, 4 : 1671 Use of property by trustee lor own profit, .3 : 1522, 1530 Vacant trusteeship filled l)y court, when, 3 : 1601, 1603 Vacated, office of trustee is, how, 3 : 1593 Voluntary

Defined, 3: 1502 How created, 3: 1507, 1508 What constitutes one a trustee, 3: 1505 Undertakings

See Bonds ; Suretyship

Affidavit of sureties, 4 : 963 Appeal to district court, undertaking on, 4 : 885, SS6

Arrest in civil action, on, see Arrest

Attachment, in, 4: 353, 354. 742 Attorneys as sureties, 4 : 45

Bail, of, see Bail

Clerk to copy in appropriate book, 4: 966

Corporations as sureties, 4 : 962-964 Criminal actions, in, limitation of actions, 4: 87 Deposits in lieu of, 4 : 846, 905 Government or officer need not give in action, 4 : 968 Guaranty, see Guaranty

Indemnity, see Indemity

Injunction, upon, 4 : 345 New, requirement where sureties become insufficient, 4 : 963

Particular proceeding, in, see particular subject Peace, to keep, 6 : 41-53 ; see Peach

Sureties on, see Suretyship

Time for filing, extension of, 4 : 960

Witnesses, of, to appear iu criminal action, see Witnesses

Undue Influence Contract obtained through, voidable, 3 : 823, 824

Defined 3 : 831

Rescission for, 3 : 952 Trust arises from obtaining thing by, 3 : 1510

Wills procured or revoked through, 3 : 522 United States See Government

Crimes against laws of Arrest for, 5 : 6 Felony and misdemeanor defined, 5 : 24 Laws applicable to Canal Zone

Arrest for crimes against, 5 : 6

Jurisdiction over actions, involving, 7 : 23 Text of certain applicable laws, p. 869

Officer acting in transactions with firm in which interested, 5: 97 Public documents or writings, proof of, 4 : 1950 Term includes what, 4:8; 5:5

Unlawful Assembly

See Rout

Definition and punishment, 5 : 597, 598

Neglect of officer to suppress, 5 : 600 Refusal to disperse upon lawful command, punishment, 5 : 601 Remaining at after warning to disperse, 5 : 599 Unlawful Detainer

See Forcible Entry and Unlawful Detaineb

Usage

See EviDENCEi Local signification of words in contract, 4 : 1879

1223
INDEX

Usury

Contracts, usurious, principal only, recoverable, 3 : 1267 Evidence of, 3 : 1269 Rate of interest allowable, 3 : 1266 Recovery of usurious interest paid, 3 : 1268 Vagrancy

Definition and punishment, 5 : 603 Value

See Damages

Evidence of debt, of, in embezzlement, 5 : 607 How estimated in determining grade of offense, 5 : 10 Passage tickets, of, in larceny, 5 : 776

Practicing fraud to affect market price, 5 : 703

AVritten instruments, of, in larceny, 5 : 775 Variance

Acquittal on grounds of Detaining defendant after, 6 : 420 Not former jeopardy, 6 : 276 Amendment, permitting in case of, 4 : 271, 272 Evidence must correspond with substance of material allegations, 4 : 1886 Immaterial, how provided for, 4 : 272

Material, 4:271

What not deemed to be, 4 : 273

Vehicles See Highways ; Motor Vehicles

Vendor and Purchaser

See Grants ; Transfer

Contracts of decedent to convey, compelling completion, 4 : 1541-1551 Death of vendor, completion of sale by guardian of minor. 4 : 1822 Guardian, conveyance by, completing ward's contract of sale, 4: 1795,

1821, 1822 Married persons selling lands under false representations, 5 : 698

Sale of land twice, punishment, 5 : 696 Venue

See Place of Trial

Criminal actions, of, 6 : 13 Verdict

Amount of recovery, jury must find, when, 4 : 483, 484 Claim and delivery, verdict in, 4 : 484 Criminal actions, in, see separate subhead, infra Declared how, 4 : 472 Discharge of jury without, retrial in case of, 4: 470 Entry to be made, 4 : 482, 485

Findings, 4 : 482

General, defined, 4 : 481 General or special

Rendition, 4 : 482

Verdicts are, 4 : 481 Informal or insuflicient, proceedings in case of, 4 : 473 Judgment, rendition of notwithstanding verdict, 4 : 486 Nine jurors may render, 4 : 467, 472

Polling jury, 4 : 472 Prevention of, retrial of cause, 4 : 470

Replevin, in, 4 : 484

Sealed, rendered during recess or adjournment, 4 : 471 Special

Defined, 4 : 481 Entry of, 4:482, 485 Vacation of judgment entered on, 4 : 536, 537

Special or general, rendition, 4 : 482 Three-fourths jury may render, 4 : 467, 472

1224
INDEX

IN CBIMINAL ACTIONS

Verdict—Continued

Attempt, may convict of, 6 : 414 Concurrence of all jurors, 6 : 401 Contrary to law or evidence, new trial, 6 : 452

Declaring, 6 : 402 Degree of crime, must find, 6 : 412 Form of, 6 : 406, 409

General, form of, 6:406

General or special

Authorized, 6 : 405

Reconsideration where neither, 6 : 416

Included offense, may convict of, 6 : 414

Informal, giving judgment on, 6 : 417

Joint defendants, verdict as to some of, 6 : 415

Lot, decided by, new trial, 6 : 452

Polling jury, 6 : 418 Previous conviction, on charge of, 6 : 413

Proceedings after verdict of guilt. Supreme Court may regulate, p. 983, sec. 723a Reconsideration of, 6 : 416

Recording of, 6 : 419 Return of Directing return under signature and seal, 6 : 403 In general, 6 : 402

Presence of defendant, 6 : 404

Special

Authorized, 6 : 405

Defective, new trial ordered, 6 : 411

Defined, 6:407

Form of, 6:409

Judgment on, how given, 6 : 410 Manner of rendering, 6 : 408

Verification

AflSdavit may be used for, 4 : 2071 Answer, of, 4:241, 242

Complaint, of, in general, 4 : 241

Pleadings, of, in general, 4 : 241 Where written instrument attached to pleading, 4 : 242-244, 787

Vessels See Shipping

Admeasurers of, administering oaths and summoning witnesses, 2 : 41-43

Altering or exhibiting light to endanger vessel, 5 : 889 Anchorage and movement in time of national emergency, 2 : 12 ; p. 1014,

sec. 191 Burning vessel not subject of arson, punishment, 5 : 803 Customs, see Customs Sebvicb

Damages for injuries to, in passing through locks, 2 : 10

Defined, 5:5

Deportation of person on vessel bringing him to Canal Zone, 2 : 141 Injury to or improper use in territorial waters, p. 1015, sec. 193

Inspection of, 2 : 151-160 ; see Inspection of Vessexs

Licensing of officers, regulation, 2 :

Material, supplies, and services for, providing, 2:51, 52 Merchandise, omitting from manifest, 2 : 64 Mismanagement causing boiler exi^losion, punishment, 5 : 522, 523 Navigation of harbors and other waters of Canal Zone, regulation, 2 :

Passage and control through Canal, regulation, 2 :

Pilots and pilotage in Canal and approaches, regulation, 2 :

Radio equipment required on certain, 2 : 361, 362

Registry, provisional certificates to vessels abroad, p. 991, sec. 12 Sea stores, landing of, or omitting from list, 2 : 65 Stoppage and search by customs officers, 2 : 66 Withholding clearance of vessel bringing undesirable person to Canal Zone,

2:141

93083—34 78 1225
INDEX

"View of Premises

By jury, 4:464; 6:389

Vulgar Language

Use of, punishment, 5 : 602 Wages

See Master and Servant

Minor, of, 3:182

Waiver

Complaint, waiver of objections to, 4 : 215 Counterclaim, by failure to set up, 4 : 224, 716

Error, waiver of objection to, by acquiescence, 3 : 2838

Information, waiver of objections to, 6:242, 260 Jury trial, of, in criminal action, 6 : 302 Law may be waived, when and when not, 3 : 2835 Summons

By appearance, 4 : 162, 171 In magistrate's court, 4 : 693 Want of Prosecution

Dismissal for, 4 : 418, 793 ; 6 : 791 V/ar

Army control of Canal and Zone in time of, 2:8

Espionage, p. 1009, sec. 31-42

Neutrality, protocol of agreement with Panama respecting, p. 855

Neutralization of Canal, treaty stipulations, p. 838, art. 3 ; p. 845, art. 18 Passports, war-time restrictions respecting, p. 963, sees. 2^-227

Regulation of vessels in territorial waters, p. 1014, sees. 191-194

Willful destruction, etc., of war material, p. 1013, sees. 101-103 Wards

See Guardian and Ward

Warehousemen

Attachment or levy upon goods for which negotiable receipt has been issued, 3 : 1161 Care of goods deposited, 3 : 1158

Carriers' liability as, 3 : 1435, 1436 Cases not provided for, rules governing, 3 : 1191 Commingled goods, and liability therefor, 3 : 1160

Definitions, 3 : 1192

Delivery of goods

Action to enforce, interpleader of adverse claimants, 3 : 1154 Adverse title not defense. 3 : 1156 Claim of title by warehouseman, 3:1153

Failure to take up negotiaitle receipt, 3: 1149, 118!) Justification for delivery. 3 : 1147

Misdelivery, liability for, 3 : 1148

Obligation to deliver. 3:114G

Satisfaction of lien charges conditions precedent to, 3: 1167 Time allowed to determine validity of claim, 3 : 1155 Lien

Against what pro|)erty enforceable, 3:1164

Alternative methods of enforcing, 3 : 1171 Claims included in, 3 : 1163 How lost, 3 : 1165 Other remedies not precluded bv. 3: 1168

Satisfaction by sale, 3 : 1169, 1170, 1172 Receipts

Alteration, liability, 3 : 1150 Charges for whicli lien claimed to be stated, 3: 1166

Creditors' remedies to reach negotiable receipts. 3:1162

Duplicate receipts, 3:1144. 1152, 11S7

Failure to indicate title of warehousemen to goods, 3: 1188 Failure to mark not negotial)le, 3 : 1145 False statement in, punishment, 3 : 1186

1226
INDEX

Warehousemen—Continued

Receipts—Continued

Goods not received, issue for, 3 : 1185 Indorsement not guarantee, 3 : 1180

Lost or destroyed receipts, 3 : 1151 Negotiable receii)ts, what are, 3 : 1143

Negotiation

Fraud, mistake, or duress, 3 : 1182 Negotiable receipts, of, 3 : 1173 Nonnegotiable receipts, transfer of, 3 : 1174, 1177

Provisions ^regulating, 3: 1173-1176

Rights of person to whom receipt negotiated, 3 : 1176 Rights of transferee of receipt, 3 : 1177 Subsequent negotiation of undelivered negotiated receipt, 3 : 1183 Transfer of negotiable receipt without indorsement, 3 : 1178 Transfer of nonnegotiable receipts, provisions regulating, 3 : 1174, 1177 Vendor's lien defeated by negotiation, 3:1184

Warranties on, 3 : 1179 Where goods mortgaged, or owned by another, 3 : 1190 Who may negotiate, 3 : 1175 No warranty implied from accepting payment of debt secured by, 3: 1181 Nonexistence or misdescription of goods described in, 3: 1157 Nonnegotiable receipts, 3 : 1143

Requisites and form of, 3 : 1142 Warranties on transfer or negotiation, 3 : 1179 Who may issue, 3 : 1141

Retroactive, provisions not, 3 : 1193

Separate, when goods are to be so kept, 3 : 1159 Warrant of Arrest

See Arrest

Affidavit of complaint As prerequisite to issuance, 6 : 72 Requisites of, 6 : 73 Arrest without

By peace officer, grounds for, 6 : 83 By private person, 6 : 85 Misdemeanor, arrest without regular process is, 5 : 173

Bail, see Bail

Bench warrant, see Bench Warrant

District attorney may issue, 6 : 71 Duty to show warrant, 6 : 92 Executed, may be in either division or subdivision, 6 : 89 Fee for issuance, as element of costs, 6 : 392

Form of, 6 : 75

Fugitive from State or Territory, for. 6 : 862 Habeas corpus, issuance instead of writ, 6 : 745-749 Indorsement on, permitting service at night, 6 : 90

Issued when, 6 : 74 Magistrate may issue, 6 : 71 Malicious procurement, a misdemeanor, 5:171

Nature and requisites, 6 : 75, 76

Peace, for threatened breach of, 6 : 43 Refusal of officer to execute, punishment, 5 : 172 Search warrant, see Search Warrant

Who may issue, 6 : 71

Witness, for, 4:2048, 2049 Warrant, Search

See Seaech Warrants

Warranty

Agent's authority, 3 : 1640, 1671

Collectibility, warranty o^, 3:2082-2084

Policies, in, see Insurance

Sales, in, see Sales

1227
INDEX

Waste

Damages, treble, for, 4 : 652 Enjoining during foreclosure or after execution sale, 4 : 607, 668 Mortgagor must not commit, 3 : 2239

Rights where tenant commits, 4 : 1143 Who may bring action for, 4 : 652

Water

See Waters

Injuring water system, punishment, 5 : 836 Misusing or wasting, punishment, 5 : 836 Panama and Colon, systems for distribution in cities of, p. 842. art. 7 Pipes, breaking or obstructing, 5 : 835 Placing filth or animal carcasses in or near, 5 : 507 Poisoning of, punishment, 5 : 373

Pollution of, punishment, 5:507

Kates in Panama and Colon, p. 842, art. 7 Stealing of, punishment, 5 : 783

Structures erected to conduct or store, injury to, 5 : 838 Taking water from canals, reservoirs, etc., punishment, 5 : 837 Waters

See Water

Canal Zone, of Access to Colon Harbor through, p. 854. art. 7 Anchorage and movement of vessels in time of emergency, 2 : 12 Grant of use to United States, p. 841, art. 4

Inspection of vessels navigating, see Inspection of Vksset^s Regulation of navigation, 2 :

Obstructing navigable waters Misdemeanor, is, 5 : 840

Public nuisance, is, 5 : 551 Placing filth or animal carcasses in or near, 5 : 507 Weapons

See Akms ; Deadly Weapons

Weights and Measures

False

Defined, 5 : 711

Using, punishment, 5 : 712 Marking false weight or measures on containers, 5 : 713 Padding weight or measurement of goods in containers or packages, 5 : 716

Sales of falsely marked containers, 5 : 713 Short weight in sale of commodities by ton, 5 : 714 Short weight or measure in selling merchandise, generally, 5 : 715 White Slave Traffic Act

Text of, p. 934, sees. 397-404 Widows

See Estates of Decedents ; Succession

Wife

See Husband and Wife; Makbied Women

Willful Acts

See Deceit; Fraud; Toets; Wrongs

Willfully

Meaning of, 5:5

Wills

See Estates of Decedents ; Executors and Administrators

Accumulations, see Accumulations

Advancements, see Advancements

Agreement to provide for one in will to be written, 3:886; 4:2017

Aliens, law governing wills made by, 3 : 532, 533

Alteration, how effected, 3 : 539 ; 4 : 2014

Annuities

Commence at testator's death, 3 : 620

Defined, 3 : 611

Effect of failure of fund, 3 : 611

1228
moEx

Wills

Cont inued

Children

B(n-n after death of testator, rights of, 3 : 24, 291, 544, 554, 590, 650 Born after execution of will, rights of, 3 : 554, 556, 557 Unprovided for by will, rights of, 3 : 554-557

Codicils Republication of will by, 3 : 534 Revocation of will revokes, 3 : 552

Will includes, 3 : 12 ; 4:8; 5:5

Conditional dispositions in wills, 3 : 596-600

Contest after probate

New trial in proceedings for, 4 : 1689 Procedure, in general, 4 : 1251-1257

Contest before probate

New trial in proceedings for, 4 : 1689

Procedure, in general, 4 : 1231-1237 Destroyed wills, probate of, 4 : 1261-1264

Devisee, liability for obligation of testator, 3: 626

Devises, executor to deliver to devisees when, 4 : 1441 Escheat of property undisposed of, 3 : 652; 4 : 1181 Estates of decedents, see Estates of Deceidents

Evidence, wills how shown in, 4 : 2013 Execution of By alien in Canal Zone, 3 : 533 Competency to execute will, 3 : 521

In general, 3 : 521-560 Manner of, in general, 3 : 525 ; 4 : 2013 Outside of Canal Zone, validity, 3 : 532

AVitnesses to wills, 3 : 525, 527. 529-531

Written, to be, 3 : 525 ; 4 : 2013

Executors, see Executors and Administrators

Finding will after grant of letters, effect of, 4 : 1391, 1392 Foreign wills Probate of, 4 : 1241-1243

Validity of, 3 : 532

Gifts causa mortis

Effect of will on, 3 : 487 How far treated as legacies, 3 : 488

Satisfying before death, 3 : 619 Guardians, appointment by will, see Guardian and Ward

Interpretation

Actions to construe and declare rights under, see Declaratory Resuei' Advancement, when an ademption, 3 : 602 Ambiguous or doubtful parts, 3 : 577 Appointment of executor, 3 : 623 Bequest of all of property, 3 : 584

Class, bequest to, includes whom, 3 : 589, 590

Clear bequest not affected by other provisions, 3 : 576

Conditional bequests or dispositions, 3 : 596-600

Construction in action to determine conflicting claims to property,

4:661

Death of legatee before testator, etfect of, 3 : 558, 594, .595 Death or survivorship, words referring to, 3 : 588

Declaration of testator as to intent, not admissible, 3 : 572, 591 Divesting of disposition, 3 : 593 Harmonizing various parts, 3 : 575

Heirs, issue, or children, proceedings to determine identity, 4 : 1695

Heirs, relatives, issue, descendants, etc., 3 : 586 Imperfect descriptions in, 3 : 591

Intention of testator, 3 : 571, 572, 622

Interest or income, bequest of, when accrues, 3 : 618

Intestacy, construction avoiding preferred, 3 : 580

Mistakes and omissions in wills, 3 : 591 Observance of rules prescribed, 3 : 573

Operative effect, words to be given if possible, 3 : 579 1229
INDEX

Wills—Continued

Interpretation—Continued

Oral declarations excluded, 3 : 572, 591 Power to devise, property embraced in, passes by will, 3 : 583 Residuary clause, 3 : 585

Several testamentary instruments to be taken together, 3 : 574 Technical words, 3 : 581, 582 Tenants in common, beneficiaries take as, on bequest to several, 3 : 601

"Vesting of legacies, time of, 3 : 352, 592

Wills executed under prior law, 3 : 603 Words of donation and of limitation, 3 : 586, 587 Words taken in ordinary and grammatical sense, 3 : 578

Intestacy, see Succession

Legacies

Abatement of, 3 : 615 Ademption, when only advancement is, 3 : 602 Apportionment of legacies, in case of pretermitted child, 3:556

Bequest of all of property, 3 : 584

Charitable organizations or uses, restrictions on bequests to, 3 : 559

Class, bequest to, includes whom, 3 : 589, 590

Clear bequest not affected by other provisions, 3 : 576

Conditional bequests, 3 : 596-600

Death, legacy in view of, satisfying before death, 3 : 619 Death of legatee before testator, effect of, 3 : 558, 594, 595 Debt due testator, bequest of, 4 : 1436 Demonstrative, are what, 3 : 611 Divesting of disposition, 3 : 593

General, are what, 3 : 611 Income, bequest of, when accrues, 3 : 618

Intention of testator governs rules relating to legacies, 3 : 622

Interest on, 3:621

Inventory of property by legatee for life, 3 : 617 Kinds of legacies, 3 : 611 Lapse when, 3 : 594, 595

Liability of legatees for obligations of testator, 3 : 626 Nature and designation of, 3 : 611 Payment of Order of resort to property for, 3 : 613 Payable when ordered by court, 4 : 1594 Proceedings for payment prior to final settlement, 4:1611-1610

Where debts paid at first distribution, 4: 1599

Possession of, 3 : 616 Residuary, 3:585, 611 Resort to legacies for payment of debts, 3 : 612, 614

Specific, 3 : 611, 616 Tenants in common, legatees when take as, 3 : 601 Vest at death, 3 : 352, 592 When due, 3:620

Witnesses, to, 3:530, 531 Lost wills, probate of, 4 : 1261-1264 Married woman may dispose of separate estate by, 3 : 523 New trials in probate proceedings, provisions governing, 4 : 1689, 1691 Nuncupative wills Execution of, 3 : 535 Probate of, 3 : 537, 538 ; 4 : 1271-1273 Proof of, 3 : 536, 537

Requisites of, 3:536

Olographic wills Nature and requisites, 3:526

Proof of, 4 : 1223 Posthumous children, rights of, 3 : 24, 291, 544, 554, 590, 650 Pretermitted children, rights of, 3 : 554-557 Probate of Attorneys' fees, 4 : 1568

Certificate of probate, to be sealed, 4 : 25 1230
Wills—Continued

Probate of—Continued

Clerk of court, fees of, 4 : 984

Conclusiveness after one year, 4: 1257

Contest after probate, 4:1251-1257

Contest before probate, 4 : 1231-1237 Custodian to deliver will, 4 : 1211 Deposition of subscribing witness, 4 : 1221 Detention of will out of Canal Zone, 4 : 1224

Disqualification of judge, 4 : 1401 Foreign wills, 4 : 1241-1243

Hearing, 4 : 1216, 1219 Judgment, conclusiveness of, 4 : 1934

Jurisdiction, wliich division has, 4 : 1201, 1202 Lost or destroyed will, 4 : 1261-1264 Mailing of notices, 4 : 1217 Nuncupative wills, 3 : 537, 538 ; 4 : 1271-1273 Olographic wills, how proved, 4 : 1223

Petition for Failure of executor to file, effect, 4 : 1214 Hearing, 4 : 1216, 1219

Notice of, 4 : 1216, 1217, 1219

Requisites of, 4 : 1213 Who may file, 4 : 1212 Production of will, compelling, 4 : 1215, 1218, 1452 Recording admission to probate in minutes, 4 : 1222 Revocation or annulment of probate, 4 : 1254, 1255 Where not contested, 4 : 1221

Witnesses, compelling attendance of, 4 : 1218 Production of

Citation of person suspected of having, 4 : 1452 Compelling production, 4 : 1215, 1218 Custodian to deliver will, 4 : 1211 Property may be acquired by, 3 : 401

Republication, codicil has effect of, 3 : 534 Revocation

Agreement for sale or transfer of property as, 3 : 548, 550

Alteration in interest disposed of as, 3 : 550. 551

Codicil is revoked by, 3: 552

Conjoint or mutual wills, revocation of, 3 : 528

Duplicate, revocation of will executed in, 3 : 541 Duress, fraud, or undue influence in procuring, 3 : 522

Effective date of provisions respecting, 3 : 553 Evidence of, when canceled by third person, 3 : 540 How accomplished, 3 : 539 ; 4 : 2014 Marriage and birth of issue, by, 3 : 544, 547 Marriage, by, 3 : 544-547 Mortgage is not, 3 : 549

Prior wull not revived, 3 : 543 Subsequent will, effect of as revocation, 3 : 542 Transfer as, 3 : 550, 551

Succession, see Succession

Testamentary guardians, see Guakdian and Ward

Trusts under, 4 : 1671-1674 ; see Trusts

Validity of Action to determine, see Declaratory Relief

Alien, will made in Canal Zone by, 3 : 533 Conjoint or mutual wills, of, 3 : 528 Foreign wills, 3 : 532 Fraud, menace, duress, or undue influence, will procured by, 3 : 522 Power given executor to appoint an executor is void, 3 : 624

Prior laws, validity of wills made under, 3 : 560 Technical words not necessary in, 3 : 582 Where made outside of Canal Zone, 3 : 532

1231
INDEX

Wills—Continued

What property may pass by will Future interests, 3 : 292

In general, 3 : 524

Life insurance, 3 : 2033 Witnesses

See Evidence ; Depositions

Absence ©f Admissibility of testimony at former trial, 4 : 1888 Postponement of trial for, 4 : 438

Accomplice as, 4 : 2131

Affidavit, refusal to subscribe to, punishment, 4 : 2046

Affirmation Form of, 4 : 2172-2175

In place of oath, 4 : 2175 Answer questions

Bound to, 4 : 2141, 2142 Commitment for x*efusal to answer, 4 : 2049 Must, as to conviction of felony, 4 : 2120, 2142 Person present bound to testify as though subpenaed, 4 : 2045 Punishment for refusal to answer or be sworn, 4 : 1161, 2049 What need not answer, 4 : 2142

Arrest of

Affidavit for discharge, 4 : 2146 Compelling attendance by, 4:2048, 2049 Court or judge may discharge, 4 : 2147 Disobeying subpena, 4 : 2048, 2049 Double damages for causing, 4 : 2145

Liability of officer making, 4 : 2145, 2146

Liability of party causing, 4 : 2145

Privilege from, 4 : 2144 Void when, 4 : 2145 Warrant for, 4 : 2048, 2049 Attendance of Arrest, compelling by, 4 : 2048, 2049 Before certain Canal officers, compelling, 2 : 42, 43

Obligation to attend Avhen supenaed, 4 : 2141

Papers, witness must attend with, 4 : 2141 Power of court or judicial officer to compel, 4 : 23, 31 Probate proceedings, in, compelling, 4 : 1218 Subpenas, see Subpenas

Time during which witness must remain, 4 : 2141, 2143 Time for, 4 : 2043, 2141 Attorneys or their secretaries or clerks as, 4 : 1904 Character of, admissibility of evidence of, 4 : 2122 Clergymen as, 4 : 1904 Competency of In general, 4 : 1902

Privileged communications, 4 : 1904 Who not competent, 4 : 1903 Witness without recollection, competency to testify from writing, 4 : 2116

Confidential communications, 4 : 1904 Contempt by

Disobedience to subpena, 4 : 1163, 2046 Refusal to be sworn or to answer, 4 : 1161, 2046

Contradiction, i)y party producing, 4:2118

Conviction of felony

Must answer as to, 4 : 2120, 2142

Proving, by record, 4 : 2120

Credibility of Evidence to show, 4 : 1888

False in part, 4 : 2131 Greater number of, do not control, 4 : 2131 Jury are exclusive judges of, 4:1864

Presumed to speak truth, 4:1864

1232
INDEX

Witnesses—Continued

Criminal actions or proceedings, in, see separate subliead, infra Cross-examination

Defined, 4:2114

lieading ([uestions allowed on, 4 : 2117 Not heard unless subject to, 4:1863

Kigbt and extent of, 4:2117

Deceased, admissibility of testimony at former trial, 4:1888

Defined, 4 : 1901

Deposition of, on postponenioiit of trial, 4 : 439 ; see Dei'Ositions Detention, how long should be detained, 4 : 2141, 2143

Direct examination

Defined, 4 : 2114 Leading (piestious, when only allowed in, 4:2115

Estates of decedents, competency of witnesses to testify against, 4:1903

Evidence, see Evidence

Examination of Adverse party, rules governing examination of, 4:2124

Confined to matters legal and pertinent, 4 : 2143 Leading questions, 4 : 2115, 2117 Must be in presence of person affected, 4 : 1863

Oral, defined, 4 :2064 Power of court over mode of, 4 : 2113

Protection of witness, 4 : 2143

Questions, what may be asked, 4 : 2113 Reexamination, right of, 4 : 2119 Use of affidavits to obtain, 4 : 2071 Exclusion of, from court room, 4 : 22, 2112 Expert

Foreign laws, 4 : 1928 May decipher characters or translate language, 4 : ISSl Opinions of, in general, 4 : 1888 Fees of Advancement for expenses, 4 : 2043 What fees allowed, 4:989

Felony

Must answer as to conviction of, 4 : 2120, 2142 Proof by record of conviction of, 4 : 2120 Former trial, testimony of witness at, admissibility, 4 : 1888 Good character, evidence of, when allowed, 4 : 2122 Greater number of, do not control when, 4 : 2131 Husband and wife as, 4 : 1904 Impeachment of Asking if convicted of felony, 4 : 2120, 2142 By party producing, 4 : 2118 Manner of and limitation on, 4 : 2120, 2121

Inspection of writing shown to, right of, 4 : 2123

Interpreter, summoning and swearing, 4:1906

Judges or jurors as, 4 : 1905 Leading questions, 4 : 2115, 2117

Jlodes of taking testimony, 4 : 2061 Number of Greater does not control, when, 4 : 2131 Number necessary to prove fact, 4 : 1861, 2012 Oath of Affirmation in place of, 4 : 2175 Form, 4:2172-2175

Witnesses heard only upon oath, 4 : 1863

Officers as, 4 : 1904

Opinions, in general, 4 : 1888 ; see Evidence

Oral examination, defined, 4:2064

Order of proof, how regulated, 4 : 2111 Perpetuating testimony, proceedings, 4 : 2161-2167

Physicians as, 4 : 1904 Presence of person affected necessary, 4 : 1863

1283
INDEX

Witnesses—Continued

Present in t-ourt, compelled to testify without subpona, 4 : 20-15 Prisoner, how brought in as, 4 : 2050, 2051

Privilege of, what questions need not answer, 4 : 2142

Privileged communications, in general, 4 : 1904 Production of books and papers by, compelling. 4:921

Protection of From arrest, 4 : 2144 From improper questions or demeanor, 4 : 2143

Recalling, discretion of court, 4 : 2119 Reexamination of, right of, 4:2119

Refreshing memory, 4 : 2116 Refusal to answer or be sworn Commitment, 4 : 2049 Punishment, 4 : 1161, 2046 Subpenas for, see Subpenas

Subscribing

Deiined, 4 : 1967 Manner of proving instrument by, 3 : 501-503 Opinion of, as to sanity of signer, 4 : ISSS Other witness may testify to writing, 4 : 1973 Proof of will by one, 4 : 1221 Proof of writing by, 4 : 1972

Suggestive questions, defined, 4 : 2115 Testimony of, see Evidence

Warrant of arrest or commitment, 4 : 2048, 2049

Wills to, see Wills

Writings

Right of witnesses to testify from, without recollection, 4:2116

Siiown to witnesses, right to inspect. 4 : 2123 Witnesses must be shown writings before examination thereon, 4:2128

IN CRIMINAL ACTIONS OR PROCEEDINGS

Affidavit as to future testimony, perjury in, 5 : 142 Against selves, persons cannot be compelled to be, 1:1; 6: 10, 673 Attendance, preventing or dissuading, a felony, 5 : 165

Bribe, taking or offering to take, 5 : 167 Bribery of, a felony, 5 : 166 Compelling persons to be witnesses against selves, 1:1; 6 : 10, 673 Competency of, rules for determining, 6 : 671 Conditional examination

Enforcing attendance of witnesses, 6 : 6S8 Grounds for ordering, 6 : 682 Making of application for order, 6 : 684 Not to occur when grounds nonexistent, 6 : 686 Order for examination, 6:685

Preliminary hearing, on, 6 : 147 Reading dei>osition in evidence, 6:14, 147, 691 Reducing testimony to writing and authenticating it, 6:689

Requisites of application for order, 6:683

Right of defendant to be present, 6 : 687 Right to have, 6 : 681 Transmitting deposition to proper court, 6 : 690 Confronted with, defendant to be, 1:1; 6:14

Contradiction of own witness, 6:371

Cross-examination

Defined, 6:370

Of defendant appearing as, 6 : 673 Deceased, admissibility of testimony at former trial, 6:14

Deceiving, a felony, 5 : 162 Defendants as Cross-examination. 6:073

Discharging one of joint defendants to be. 6:366-368

Failure to testify not to prejudice, 0:126, 673 Not compelled to testify against selves, 1:1; 6: 10, 673 1234
IT^DEX

Witnesses—Contiuuecl

Depositions, see Depositions

Direct exaniination, defineil, 0:870

Disobeying; suhpenas

As contempt, 5 : 212 ; 6 : 6ri8 Civil liability lor, G : (>r.9 Examination

By district attorney after commitment of defendant, (J:173

On commission, 6 : 701-714 ; see Depositions

Exclusion of, at trial, 6 : 362 Fees of Advancement for expenses, 6 : 657 How taxed as element of costs, 6 : 392

Forfeiture of undertaking? to appear, 6:660

Husband and wife, competency for or against each other, 6:672

Impeachment

Opposing witness, of, manner, 6 : 372, 373 Own witness, of, not permitted, 6 : 371

Insane, admissibility of testimony at former trial, 6:14

Oath of, in magistrate's court, 6 : 126

Perjury, number of witnesses necessary to prove, 4 : 1861, 2012 ; 6 : 385

Prisoners as, liow brought before court, 6:661, 905

Privilege of None in case of dueling, 5 : 326 Not compelled to be witness against self, 1:1: 6:10, 673

Process for obtaining, right of accused to, 1:1

Right of accused to confront, 1:1; 6:14

Separation of, 6 : 362 Subpenas, see Subpenas

Swearing, costs for, 6 : 392 Treason, number of witnesses necessary, 4 : 1861, 2012 Undertaking to appear

Forfeiture for nonappearance, 6 : 660 Requiring on preliminary hearing, 6:144, 145 Women

See HrsBAND and AVife ; Married Women

Words and Phrases

Construction of According to context and approved usage, 3:11; 4:7; 5:4

Contracts, words in, see Contracts

Gender, as to, 3 : 12 ; 4 : 8 ; 5 : 4

Grants, in see Grants

Number, as to, 3 : 12 ; 4:8; 5:4

Technical words and phrases, 3: 11, 581, 911; 4: 7 Tense, as to, 3 : 12 ; 4 : 8 ; 5 : 4

Wills, words in, see Wills

Definitions of words in respective codes, in general, 3:12; 4:8; 5:5

Judicial notice of true signification of. 4 : 1891 Writing

See Statute of Frauds ; Written Instruments

Controls printed parts in contract, 3 : 917 Handwriting, see Evidence ; Handwriting

Includes printing and typewriting, 3 : 12 ; 4:8; 5:5

Intention of parties to be ascertained from, 3 : 905 Obscene writing, offenses respecting, 5 : 451-454 Preventing contract from being put in writing by fraud, 3 : 885 Property in, see Literary Property

Supersedes oral negotiations, 3 : 887 Writs

Certiorari, of. see Review, Writ of

Defined, 4:8; 5:5

Disobedience to, as contempt, 4 : 1163 ; 5 : 212

Possession, writ of, in actions to determine adverse claims to realty,

4:137

Prohibition, writs of, see Prohibition

1235
INDEX

Writs—Continued

Review, see Review, Weit of

Seal, necessity of, 4 : 25 Written Instruments

See Contracts ; Negotiable Instruments ; Nonnegotiable Instruments

Acknowledgment, see Acknowledgments

Actions

To compel reexecution of lost or destroyed instruments, 3 : 2734 To construe, determine validity, and declare rights under, see Declaratory Relief

To obtain judgment proving instrument, 3 : 509

Alteration, burden of explaining, 4 : 2032 Ancient writings

Evidence of handwriting by comparison, 4 : 1977 Presumption in regard to, 4 : 2007 Annexed to pleadings, denial of, manner of, 4:242-244, 787

Cancelation of, see Cancexation

Certificate of proof of instrument, what to state, 3 : 506

Certificate to, form of, and liow executed, 4 : 1949 Consideration presumed from writing, 3 : S70

Construction of According to general acceptation of terms, 4 : 1879, 1883 Circumstances under whicli made may be considered, 4 : 1878 Considered as containing whole agreement, 4 : 1874 Construed in wliose favor, 4 : 1882

Contracts, construction of, see Contracts

Court confined to terms or sulistance, 4 : 1876

Effect to be given to all parts, 4: 187G

Intention of parties to govern, 4 : 1877 Language relates to place whore used, 4 : 1875 Natural right, in favor of, 4 : 1884

Particular provision prevails over general, 4:1877

Question for court, is, 4 : 2182

Skilled persons may decipher characters or explain language, 4:1881

Usage, admissibility of, 4 : 1888 Words of local, technical, or peculiar signification, 4 : 1879 Writing controls printing, 4 : 1880 Contents of How proved, 4: 1872

Oral evidence of, is secondary, 4 : 1848 Secondary evidence of, when admissible in general, 4:1872, 1888; see EVIDEa^CE

Contracts, see Contracts

Custody of adverse party, in, notice to produce, 4 : 1970

Date, presumption as to, 4 : 2007 Decedent, writings of, admissibility, 4 : 1978 Destroying or injuring, punishment, 5 : 807 Documentary evidence, see Evidence

Entries copied from one book to another, when deemed originals, 4 : 1979

Evidence, see Evidence

Execution of Defined, 4:1965

How proved, 3 : 501-505 ; 4 : 1972-1977 When need not be proved, 4 : 1974 Handwriting, see Evidence; Handwriting

Inspection of, see Inspection of Writings

Larceny of, 5 : 775, 777 Law governing instruments executed before civil code, 3 : 511 Lost or destroyed

Proving contents, 4 : 1872, 1873, 1969 Reeslablishment and reexecution, 3:2734

Notice to produce, 4 : 1S72, 1970

OflBcial documents, manner of proving, 4:1944

Original must ordinarily be produced, 4 : 1969

1236
INDEX

Written Instruments—Continued OTer thirty years old Evidence of handwriting by comparison, 4 : 1977 Presumed genuine, 4 : 2007

Parol evidence alTecting, see Evidence

Part in evidence, all may be proved, 4 : 1871 Party obtaining inspection need not introduce as evidence, 4:1971

Pleading of Demand for inspection of original, 4 : 244 Genuineness of, how admitted or controverted, 4:242-244, 787 In magistrate's court, 4 : 78G, 787

Possession of, by adverse party, 4: 1872, 1970 Presumptions

Genuineness of writings over 30 years old, 4:2007

That instruments are truly datetl, 4 : 2007 Truth of recitals in instruments, 4 : 2006

Private

Defined, 4 : 1913

Provisions respecting, in general, 4 : 1961-1982

Sealed and unsealed, are, 4 : 1961 Written instruments are public or private, 4 : 1911

Production, see Production of Documents

Proof of Acknowledgment proves writing, 4 : 1980, 1982 Action to obtain judgment proving instrument, 3 : 509, 510 How proved, in general, 4 : 1972-1977, 1980 ; see Evidence

Instruments i-equired by law to be proved or acknowledged, manner

of proving, 3 : 491, 492, 501-511 ; see Acknowledgments

Public

Certified copies, form of certificate, 4 : 1949 Copy of, duty of officers to give, 4 : 1921

Defined, 4 : 1912 Entries in official books prima facie evidence, 4 : 1946, 1951

Judicial records, how proved, 4 : 1931-1933

Justice's judgment of State, how proved, 4 : 1947, 1948 Kinds of, 4:1922

Laws and statutes, 4 : 1922-1929

Nature, proof, and effect, in general, 4 : 1921-1952

Official documents, how proved, 4 : 1944

Public record of private writing, how proved, 4 : 1872, 1945 Written instruments are public or private, 4 : 1911 Sealed and unsealed, distinction abolished, 3 : 890 ; 4 : 1964 ; see Seals

Secondary evidence of contents, see Evidence

Wrongful Death

Action for As consent to physician testifying, 4 : 1904

In general, 4 : 131 High seas, on, note, p. 996, sec. 761 Railroad employee, liability of railroad, p. 989, sees. 52-59 Wrongs

See Deceit : Torts

Consent to, effect of, 3 : 2837 Damages for, measure of, 3 : 2661-2666

Definitions Injury to person, 4 : 16 Injury to property, 4 : 15 Kinds of, 4 : 14 ; see Injuries

Law does not interpose between parties equally in wrong, 3 : 2846

Liability for willful acts, 3 : 977 Remedy for every wrong, 3 : 2845 Taking advantage of own wrong forbidden, 3 : 2839 o

1237






UNIVERSITY OF FLORIDA

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